DESPITE the findings that no abuse was committed in the tussle between a taho vendor and Public Order and Safety Division (POSD) personnel, the Baguio City Council is pushing for the crafting of ground rules for the enforcers.

Councilor Edgar Avila said the city council already have the rules.

He noted that the vendor is hesitant to file criminal charges against the POSD personnel involved in the tussle. Avila said, though, that he heard the vendor is going to seek assistance from the Commission on Human Rights (CHR).

Avila had moved to summon the POSD as well as embattled taho vendor Benedick Seno, to appear before the City Council to shed light on the February 2 incident at the Botanical Garden.

“On the decision of the executive investigation, while we do not agree that there is no abuse because obviously there was, we have no recourse but to respect it and leave it to the complainant to seek other avenues for redress,” Avila said.

The fact-finding committee from the City Legal Office cleared the POSD personnel of allegations of abuse of authority. The investigation was conducted by city lawyers Isagani Liporada, Rhenan Diwas and Jordan Tumayan.

The committee reported that “based on the investigation, there was no use of excessive force on the part of the POSD men when they accosted and tried to confiscate the taho wares of Seno as the taho vendor himself admitted not sustaining physical injury during the incident. It appears the POSD agents did not exceed their authority. What they probably failed to do is arrest the erring vendor and charge him for violation of the ordinance and national law (on illegal peddling), Seno serving as an example of what not to be followed. After all, the law may be harsh but it still law.”

The legal team cited a number of national and local laws that justified the existence of the POSD and spelled out its functions to implement laws and ordinances relevant to illegal structures and illegal peddling along the city’s right-of-way and parks.

However, Avila said there was no ticket citation issued, unnecessary violence, no visible ID of POSD, and no permission from taxicab driver to open his trunk and seize (Seno’s taho wares).