CEBU, Philippines - The Regional Trial Court has given the parties in the petition to suspend towing operations in the city until September 1 to submit their memoranda, as Judge Silvestre Maamo of RTC Branch 17 intends to resolve the petition as soon as possible.
A memorandum contains the party’s position and/or arguments relative to the case.
The complainants in the injunction case include Tinago councilman Joel Garganera, his elder brother Jay, Henreich Mendoza, Imelda Veloso, Ryan Hongria, Jerry Bandalan, Catalino Deiparine, Felix Taghoy Jr., Primitivo Velez Jr., Rhoelito Cinco, and Atillano Sadaya.
They filed the case against Mayor Tomas Osmeña, Vice Mayor Michael Rama, City Traffic Operations Management Executive Officer Arnel Tancinco, the Citom Board, and the City Treasurer’s Office.
Also named defendants are Wildredo Evardome, the proprietor of One Stop Towing Services and Rose Fe Pagador, proprietor of Road Warriors Towing and Motor Services.
The complainants alleged that Osmeña issued a provisional authority to One Stop to conduct towing operations without a Citom recommendation or the council’s authority, which allegedly violated the Local Government Code.
They also alleged that Osmeña entered into a contract with Road Warriors without any public bidding.
Under Cebu City Ordinance No. 2172, the council’s approval is required before the mayor can enter into contracts or agreements with the towing companies.
The complainants said that in allowing One Stop and Road Warriors to operate a towing service without complying with the requirements of the law, Osmeña exceeded his authority and breached the law.
They further said that the mayor can only negotiate and enter into contracts of towing companies that have been declared as winning bidders by the City Pre-qualification Bids and Awards and Committee with the approval of the City Council.
A competitive public bidding aims to protect the public interest, they said.
Moreover, the complainants alleged that the council failed to question the arrangement with the two firms while Tancinco allowed the towing firms to continue operating illegally. — Jasmin R. Uy/JMO (THE FREEMAN)