Gwen orders filing of case vs. CITOM

CEBU, Philippines - Cebu Governor Gwendolyn Garcia yesterday ordered the provincial attorney to proceed with the filing of the criminal complaint against the officials of the City Traffic Operations and Management for refusing to release the trailer owned by the provincial government after the five-day ultimatum had lapsed.

Garcia made the order after she was informed that CITOM officials did not heed to the five days period given by the Provincial Legal Office to release the towed-trailer.

The governor said that Atty. Marino Martinquilla can now proceed with the filing of the case if it had already completed the preparation of the necessary documents.

The Capitol maintained that the trailer parked at the province-owned lot at the old Larsian in Fuente Osmeña did not cause traffic problems in the area for it to be towed.

Capitol spokesman Rory Jon Sepulveda said they will file charges for anti-graft and corrupt practices against Citom Officials.

The Cebu City government refused to release the trailer until a proof of ownership is presented and the necessary payment has been made by the provincial government for the violation it has allegedly committed.

The city government demanded proof of ownership of the trailer and payment of the fine provided under section 6 of the City Ordinance 1870.

Section 6 or the penalty section of City Ordinance 1870 states that “any vehicle towed pursuant to the provisions of this ordinance shall not be released unless the drivers or owner has paid first to the city treasurer of Cebu City through the Traffic Violations Bureau the pertinent compromise penalties for the traffic devices signs or marks violated.”

Section 6 required further that all pending accumulated compromise penalties for all traffic violations within the prescriptive period allowed by law, rules or regulations plus the towing charges and storage fees imposed by the appropriate towing companies shall be paid.

“Because anybody can claim. If you want the CITOM to release the truck, show us your proof that you own it,” City Attorney Joseph Bernaldez said.

The city legal officer said that the province must be able to submit a certificate of registration because what they have provided is only a copy of document denominated as Report on the Physical Count of Property, Plant and Equipment as of December 30, 2009.

“It does not identify with certainty the trailer sought to be released especially that the supposed property number indicated in the Inventory Report is not found in the body of the trailer itself,” the city contended.

The city legal office insisted, as shown in the records of CITOM, that the trailer was illegally parked along Don Mariano Cui Street, a designated tow-away zone.

“Section 1, items b and o, Article XIV of City Ordinance 801, states that no person shall stop, stand or park a vehicle, except when necessary, to avoid conflict with other traffic – within four feet of either side of a public or private driveway or in any place where official signs prohibit stopping.”

The trailer, according to CITOM records, was parked near the “No Stopping Sign.”

Though the province claimed that the truck was parked inside the province-owned lot, city lawyers pointed out that City Ordinance 801 applies not only to public streets but also to private streets.

“The provisions hereinafter set forth are to provide the regulation of the traffic upon the public streets of the city of Cebu and such other private streets, highways, or thoroughfares which for more than five years have been continuously used by the general public,” Section 1 of C.O. 801 reads.

Bernaldez said that they are ready to face the province in court. He however said that it would be better for the province to just comply with the provisions of the City Ordinances and pay the corresponding fine for their violations. — Jessica Ann R. Pareja and Jose P. Sollano/FPL (THE FREEMAN)