WHERE is the contract that gives JDL Motor Service of barangay Sta. Maria, San Jacinto the right to tow vehicles violating the “no parking zone” in Dagupan City?

This question cropped up after senior officials of the city government, in separate talks before the city council, revealed they have never seen a copy of the contract entered into by Mayor Benjamin Lim and Jaime de la Peña, sole proprietor of JLD Motor Works and General Service.

Surprisingly, One-Stop-Business Shop head Digna Liwanag, City Treasurer Romelita Alcantara, City Legal Officer Geraldine Baniqued and Public Order and Safety Office Chief Robert Mejia, appearing in separate occasions before the city council, all said that they have not read nor seen the contract of the city with JLD.

But while Alcantara revealed she has yet to see the contract in black and white, she nevertheless confirmed the 80-20 sharing basis in towing fees between the city government and JLD, with the 80% going to the towing company and the rest to the city government.

Ordinance No. 7648-2002 provides a fine of P1,100 for clamped down vehicles and another P1,000 for impoundment fee.

But on the impoundment fee, collected from motorists whose vehicles towed and impounded, the city gets 100 % said Alcantara.

City councilors expressed shock that these officials are enforcing the terms of a “contract” they have never seen at all.

Councilor Alex de Venecia said the issue about the contract could have been easily clarified if only JLD proprietor de La Peña appeared at the city council purposely to shed light.

Dela Peña explained in a letter to the city council that he was in Manila when De Venecia convened a fact-finding committee hearing on the towing issue last Wednesday, which was attended only by Mejia.

Last  Monday, other related issues regarding  the mysterious contract could have been clarified had Baniqued, who at one time was mistakenly referred to as “Councilor Baniqued” by Vice Mayor Fernandez, not become emotional in arguing with the vice mayor.

Fernandez and Baniqued figured in a heated verbal exchange when the former said the mayor’s letter dated January 6, 2006 a letter seeking authority for the mayor to enter into contract with JDL, was received by the body on January 10, 2006 and actually held a public hearing for the same in March. 

Fernandez chided Baniqued by asking if it is alright for the council to approve a resolution granting the mayor the authority even without being certain if a bidding was conducted for the purpose.

When Baniqued denied there was any bidding and asserted that a negotiation was possible, Fernandez countered that a negotiation can only be resorted to if there is a failed bidding and re-bidding.

After Baniqued left, the council directed the city’s Pre-qualification Bidding and Awards Committee to submit the minutes of bidding on the contract of the city with JLD if there was any.  

In a talk to newsmen the next day, Fernandez said that in the absence of any authority from the Sangguniang Panlungsod, the country could be nullified since there was no proof of bidding.

He said the city council also needs to find out the justification on the need for bidding and the date of effectivity of the contract with JLD since towing by JLD has started some two or three years ago.

Councilors De Venecia and Danilo Torio earlier sought a clarification on the towing contract supposedly entered into by Lim with JDL as they could not recall passing a resolution authorizing the mayor to enter into contract with the company.

In an interview with newsmen while the session was on recess, De Venecia hinted the JDL contract was another case where the cart came ahead of the horse, saying he will propose to his colleagues that they pass a resolution declaring the contract entered into by the Mayor with JDL as void.

Both de Venecia and Fernandez are seeking a re-bidding for the contract.       

Fernandez stressed that the absence of a towing truck owned by the city to enforce the ordinance cannot not be a reason for the city government to undermine the power of the city council. 

Nonetheless, he said, in order to prevent the city government from tapping a private company to tow vehicles, it should consider buying its own town truck and clamping equipment and harness city engineering personnel to operate these.

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