Is it all is well with Jadewell? - II

Before anything else, to clarify the previous piece on the Jadewell fiasco, the subject towing 2 months ago was along Zuellig Avenue whose extension is along the mouth of Mahiga Creek. This roadway is supposedly owned by the private developer. Jadewell justified the towing of the subject cargo truck for alleged “obstruction” when its driver temporarily left for the release of cargoes at the shipping office nearby, just a stone’s throw away.

The basic facts were confirmed recently on Tuesday morning, February 22, 2011, when the same 10-wheeler Isuzu cargo truck (Plate No. GCX-317) was, again, discriminately towed from the same vicinity, while other trucks parked on both sides remained untouched. This area of Pier 7(?) is where big shipping companies have bodegas for arriving cargoes.

The subject Isuzu 10-wheeler was the solitary “target”, being singled out by Jadewell, on the flimsy excuse that it was “abandoned” by its driver who, as earlier said, was just following-up the cargo release papers with the shipping office nearby. Left behind was his “truck boy” whose presence was bare-facedly denied by Jadewell’s crew. So, who informed the driver about Jadewell towing unit’s arrival, if not the “truck boy”?

In fact, the driver, fetched by the “truck boy” pleaded with Jadewell’s crew to no avail that their towing was too precipitate, but the latter argued that “gihigtan na man”. Imagine how inconsiderate and unreasonable, and insisting that they were just “nagsunod sa among trabaho”.

It’s evident that Jadewell had “look-outs” because in the two instances of harassments against the targeted complaining businessman. Jadewell’s operators only took few minutes to arrive, and like the proverbial Nazi storm-troopers, so timed when the driver got down from the vehicle. Meantime, many other vehicles were left untowed. Moreover, regular customers’ vehicles parked parallel to his establishment had also been picked on, despite not appropriating a portion of the public highway. As drivers get down to pay for their intended purchases, like vultures swooping down their prey, they swiftly tow them.

And when intimated about their “look-outs” their weak reply is that they were on “roving” routine which is all baloney. Why are actual violators in the vicinity and elsewhere whose clients’ vehicles are going beyond their parking spaces, nay, many parked brazenly along the street, not subject to towing? The question is too revealing what the answer is. To amuse with an apt metaphor, for the unfortunate victims to sing a song to over-stretch their patience, such sweeping “operations” are done and over with before the ending lyrics of the song.

Are these irregular towing incomes of Jadewell shared with the City of Mandaue? While the rationale is for additional revenue and traffic management, and perhaps to qualify it as economic enterprise, the rampant incidents complained of, are reasons enough not to tolerate it further. This nauseating situation had led the council of elders to recommend rescinding Jadewell’s accreditation. These questionable towing operations also led the Sangguniang Panlungsod to deliberate on this towing accreditation which the City Mayor indorsed to the SP for resolution.

Jadewell is relying on F.F. Cruz’ project manager’s letter in December, 2008 requesting the TEAM’s executive director “to have it free of illegal parking of vehicles”, in reference to its claimed private property. Obviously, the request which TEAM has, until now, not officially granted was to lend color of legitimacy to Jadewell’s towing even in private roads or streets. This is above and beyond the specific authority granted by SP Resolution 11-056-2008, the MOA, and the towing ordinance. Jadewell should have sought amendment of its accreditation from the City Mayor and the SP which, clearly, Jadewell had not secured to make its towing from private roadways legitimate and not ultra vires, and partaking of illegal exercise of governmental police power. And collecting fees is tantamount to illegal exaction of fees or taxes..

Admittedly, it is a trending policy for local governments, as in cities with excessive vehicles causing traffic congestions beyond tolerable proportions, that street parking and towing must be rationalized. It’s up to these LGUs to implement reasonable programs not prone to abuse. In short, they have to listen to the loud clamor of the affected public to wonder if such program is, indeed, all is well.

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