A plan of the city government to implement pay parking scheme in all national roads of the city can lead to a number of legal issues, including being sued for accidents on these roads.

The concerns were raised by Highway District Engineer Rodolfo Dion during the public hearing on the implementation guidelines of the ordinance.

In describing the legal scenarios, he interposed his office’s objection to the enforcement of the ordinance. 

Dion added that while the city may have the best motive to impose pay parking in all major national roads, he said the move may even worsen traffic in the city.

Dion, along with a legal officer of the DPWH, appeared before the city council during a public hearing last Monday to comment on the proposed ordinance seeking to impose pay parking in both city and national roads here.

DPWH Legal officer Rex Padenes said that under Executive No. 292, it is the responsibility of DPWH office to maintain and supervise all national roads.

There are 22.5-kilometer national roads within Dagupan, pointing out that all main thoroughfares within the city are national roads.

In addition, it is mandated to institute and oversee flood control, water resource development system and other public works on all national roads even if they are located within the jurisdiction of a local government unit.

Although Dion agreed that the local government unit can exercise its control of all city roads within its own jurisdiction as provided for in the local government code, he reminded the city government that it may  be sued in case of  any accident along covered  roads.

If the city will insist on regulating the use of its roads and wants to impose parking fees, Padenes pointed out that in case of an accident and somebody is injured, the city could be sued by the aggrieved party.

Dion said that while DPWH is not keen on filing a case against the city government contrary to earlier media reports, he explained that the absence of a prior consultation with his office before the ordinance was passed has raised legal concerns.

Padenes told THE PUNCH that there are provisions in the proposed ordinance that pose some legal problems that the Baguio City government faces today.

The city council did not seek the position of the DPWH district office prior to the adoption of the pay parking ordinance.

Dion said he came to the hearing to submit his office’s concerns on the invitation of Councilor Librada Reyna.–AQL

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