By ERWIN ‘AMBO’ DELILAN
A COMEDY in “Super City”?
The Bacolod Traffic Authority Office (BTA) is “in soup” right now due to “gross ignorance” of colors – red and yellow – which are essential requisites in the implementation of the much-talked six-month-old clamping and towing operations.
The use of red and yellow colors have been specified in an ordinance to establish the “absolute” and “regulated” towing zones, respectively, prior to the commencement of clamping and towing.
Section 8 of City Ordinance (CO) No. 09-17-818, series of 2017 or the amended Comprehensive Traffic Ordinance of Bacolod City, clearly states the provision re: red color to be painted for absolute towing zone (no parking 24 hours, seven days a week) and yellow for regulated towing zone (no parking on designated date and time only).
So clear. Easy to understand. Kailangan pa bang i-memorize ‘yan?
IBP LEGAL INSIGHTS
BTAO, admitted by its acting head Patrick Leonard Lacson, failed to do so, hoping that other signage(s) like the “NO PARKING” billboards could suffice what was specified in Section 8 of CO No. 09-17-818.
But not, stressed Integrated Bar of the Philippines (IBP)-Negros Occidental Chapter President (Atty.) Gerry Llena.
It’s a loophole on the part of BTAO and the city government, explained by Atty. Llena, to ignore the colors red and yellow (which are needed to paint on roads to be declared towing areas) if BTAO or its third party Metro Towing Services (MTS) really wanted to implement clamping and towing legally and smoothly.
Lacson agreed with Atty. Llena’s legal contention, saying, “T’was a valid point!”
But Lacson stressed they’ve already entrusted these things to their legal department – to handle arguments or case that may be raised by Llena and the IBP.
Mayor Albee Benitez has yet to comment on Atty. Llena’s opinion.
‘PA POGI POINT’
Why did Atty. Llena come out in the open, criticizing the clamping and towing using Section 8 of CO No. 09-17-818 as legitimate basis?
His simple retort: “Being the head of the IBP-Negros Occidental Chapter, kinahanglan ko proteksyunan ang interest of our members, who are lawyers, prosecutors, arbiters and judges.”
Again, why?
Llena said scores of their members became “victims” of these clamping and towing and paid exorbitant fees/penalties.
But what he cannot let go was the case of a young lawyer whose car was clamped and towed along Gatuslao Street on Feb.26.
Worse, it was as if the lawyer, stressed Llena, was set up, citing all the photos and videos taken and were uploaded on Facebook later.
Llena and the rest of the more than 1,500 members of IBP-Negros Occidental Chapter don’t like schemes tantamount to shaming a lawyer.
The gist, Llena said, was understandable: BTAO wanted to project that they’re implementing the clamping and towing without “fear and favor”. But at the expense of this young lawyer?
“Short to conclude: Pa–pogi points,” declared the IBP-Negros Occidental Chapter head.
‘GENTLEMAN’S AGREEMENT’
Another thing that necessitated Llena to publicly nix BTAO was the breach of a “gentleman’s agreement” between the city, the police and IBP-Negros Occidental Chapter.
Revealed by Llena, they had a hush-hush agreement that a portion of Gatuslao Street just beside the Hall of Justice shall be designated as a parking zone for IBP-Negros Occidental Chapter, as part of their risk management or safety protocols to protect members at all cost.
This, as he stressed the parking area at the compound of the Hall of Justice ain’t enough for lawyers, arbiters, prosecutors and judges during court hearings.
Allowing them (members of IBP-Negros Occidental Chapter) to park anywhere is quite risky, Llena enunciated, citing previous cases in other parts of the country where lawyers and judges were victimized (just like chickens) by riding-in-tandem assailants.
DEEMED ILLEGAL
Llena’s points are well taken. His basis behind his legal ranting against these clamping and towing are valid.
From the issue of “gross ignorance” of red and yellow colors to be painted on towing zones to what he said was an “gentleman’s agreement” for the lawyers’ protection, he sounded right.
Now, it is safe to conclude that anyone who was “victimized” by clamping and towing since September to date can now demand for a refund of the penalties he or she paid to BTAO or MTS.
Why?
Because in the absence of the very vital signs – the red and yellow towing zones – such clamping and towing operations are deemed ILLEGAL.
Thus, stressed by Llena, a class suit is now being readied by their young lawyer-members against BTAO and city officials concerned for a “half-cooked” yet “unfair” implementation of CO No. 09-17-818 via the “infamous” clamping and towing, causing stress and anxiety among the “victims”.
So, let’s expect a tedious “legal derby” on the matter./PN
