Tuesday, July 11, 2006
Mayor asks Arroyo to quash suspension
By Rimaliza Opiña
BAGUIO CITY -- Mayor Braulio Yaranon said Monday that public welfare was foremost in his mind when he ordered motorists not to pay parking fees to a private parking firm.
Suspending him from office for one year for such action, he said, is tantamount to "protecting a corruptor" than a public servant like him.
"(Clearly), an uncaring bureaucracy has chosen to protect the corruptor rather than the public servant who strives to uphold public office as a public trust, who does his best to protect welfare and interest, to protect the public treasury from fraud and to defend the citizenry in the enjoyment of their rights," said the mayor in his plea before
He added that, "if government is to make the first step in the total war against graft and corruption, then it must issue a stern wake up call to the uncaring bureaucracy to wake up, shape up, or get out of government service."
Even with the ruling that he is bound to impose ordinances and resolutions regardless of who was in power prior to his assumption as mayor, Yaranon argued that because the Pay Parking Ordinance is void, he is not bound to dignify and render obeisance to it, or even carry out its provisions.
He said there is an explicit admission in the same ordinance stating that roads are beyond the commerce of man and converting them into pay parking spaces would violate this ruling.
"For acting pursuant to well-settled principles of law, no way may respondent be considered to have committed grave misconduct, abuse of authority, or oppression," Yaranon said.
"Let the rule of law prevail -- one based on honesty, truth and justice -- not the pseudo rule of law based on dirty political maneuvering instigated by power hungry and greedy politicians and businessmen who have lost their concern for the people's welfare and interest," he said.
Refuting the grounds cited in the suspension order signed by Executive Secretary Eduardo Ermita last June 26, the mayor reiterated that Ordinance 003-2000 or the Pay Parking Ordinance could not be presumed as valid because it is void from the start.
While the City Government was delegated with police powers so that it could regulate the use of public roads, Yaranon said passing on this power to Jadewell and giving it the authority to collect fees, clamp, tow, and impound and getting 20 percent from its operation is an "illegal delegation" of the city's authority.
Even assuming that Jadewell's operation could raise revenues and is therefore sanctioned by a provision of the Local Government Code (LGC), which states that local government units can create its own sources of revenue, he added that this does not still hold true in this case, as the code also states that all taxes, fees, and charges shall accrue exclusively to the local government.
Yaranon argued that only 20 percent of the gross revenue goes to the city coffers, saying these are clearly manifested in the ordinance and the memorandum of agreement (MOA), including its supplement. "They do not enjoy the presumption of validity and regularity in the passage and execution thereof," he said.
He also criticized the way the ordinance was crafted and said that it "failed to meet the standards of a valid local legislative measure, for it contravenes an existing statute, that is oppressive, that is partial, that is unreasonable and that it should be consistent with public policy."
"The imposition of fees and fines and other penalties and the clamping and towing of vehicles for non-payment of parking fees, fines, and other penalties are more harsh than the removal of license plates declared unconstitutional by the SC," Yaranon said.
Yarano asked the Office of the President to set aside the suspension and render another one dismissing all the complaints for obvious lack of merit. A notice of hearing with regard the motion for reconsideration is reportedly initially set on July 20. (Sun.Star Baguio/Sunnex)
(July 11, 2006 issue)
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