BAGUIO CITY – Mayor Mauricio G. Domogan said the city government cannot still fully takeover the former Jadewell or Ganza parking area along Harrison road because the Supreme Court (SC) has not yet decided on the motion for the issuance of writ of execution filed by the ousted pay parking operator, Jadewell Parking Systems Corporation.
Domogan pointed out the local government cannot still take control over the parking area because the city might be again accused of pre-empting the SC ruling on the pending motion in order to put things into order.
“We want to use the area for pay parking purposes but our hands are tied with the pending case before the SC that is still subject for resolution,” Domogan stressed.
It can be recalled that the SC ruled that the unilateral decision rendered by the city council on the 12-year pay parking contract entered into between the city government and Jadewell prior to the 5-year non-recisibility period was illegal but the decision did not provide whether or not Jadewell can still operate the facility to allow it to recover its losses for the period that it was not able to operate when it was ousted by virtue of the rule of the mob initiated by various sectors in the city.
The local chief executive asserted while issues are still pending before the SC, concerned parties are not allowed to take actions relative to their respective positions on the issue until such time that a final and executor shall have been rendered for the purpose.
It was learned that a carnival operator is interested to put up the operation of amusement games and entertainment in the said property during the summer months while transport groups and traffic management experts are proposing to use the area for pay parking purposes in order to lessen the unabated illegal parking along streets in the city’s central business district area.
However, he informed the proponents that the local government cannot make any action relative to the use of the parking area considering the existence of the SC case that has yet to be resolved.
The city government entered into an agreement with Jadewell sometime in 2001 for the operation of the off-street and on-street pay parking system that was supposed to contribute in solving the unabated parking of motor vehicles along major roads and put order to the city’s parking concerns.
Ironically, opposition to the pay parking system resorted to the use of the mob that resulted to the abandonment of the operation of the company in the city sometime in 2006.
Domogan appealed to local residents and visitors to understand the predicament of the local government over its failure to possess the former pay parking area because it is also awaiting the final decision of the SC on the pending issue.
He said the city will eventually operate the property as a pay parking area to be used by motorists but it is just a matter of time considering the unresolved legal issues that must be addressed by the SC which is the final interpreter of the laws of the land.
“The city government eagerly wants to operate the property but we really have to follow the law or else we will be facing a battery of cases once we opt to take the law into our own hands,.” he added.
By Dexter A. See