In view of the presidential directive on clearing public roads used for private purposes, the City Legal Office (CLO) has recommended the renewal of contracts of parking aides until September 29, 2019, the last day given for local chief executives to execute immediate implementation of clearing operations.
“Immediately hereafter, we must ensure that their respective parking areas are not used for parking purposes”, the memorandum for the City Treasurer, signed by Atty. Bernardino Ferrer and approved by City Legal Officer Jesus Carbon, dated September 20, 2019, said.
The memorandum is in response to the City Treasurer’s request for renewal of contracts of 38 parking aides whose 6-month contract expired June 30, 2019.
The CLO memo emphasized that “the issuance of the contracts appears to hinge on Section 4, Article XII of City Ordinance No. 248 granting the City Mayor temporary and emergency powers to designate experimental parking areas upon concurrence of the Sangguniang Panlungsod.”
However, the CLO cautioned the city treasurer in renewing the contract in light of the presidential directive on reclamation of public reads used for private ends and DILG memorandum circular 2019-121 dated July 29, 2019.
The memo cited the second paragraph of the DILG circular which states: “Relatedly, local chief executives are hereby directed to revoke permits that give authority to private entities to occupy public roads, alleys and other thoroughfares. Prudence must also be observed in placing street signs and signages to avoid exacerbating problems on obstructions. Moreover, local sanggunians are enjoined to revisit ordinances and similar legislative measures to ensure responsiveness to this presidential directive and consistency with related laws and politics.”
The CLO noted that while the contracts of service of parking aides shall only be for 6 months, “the portion of public road designated as parking areas assigned to them are used for private purpose as rented area of private vehicles already for a number of years, which to us, is not what is contemplated in Section 4 Article XII of City Ordinance No. 248.” “With this, we believe that it is within the coverage of the Presidential directive and DILG memorandum Circular No. 2019-121 which is also the interpretation expressed by the City DILG office upon our inquiry,” the CLO memo added. (Sheila Covarrubias)