PAST CITY OFFICIALS ARE CRIMINALLY LIABLE

Finally, the mysterious towing contract for Dagupan City is mystery no more.

Worse, the city officials responsible for the illegal towing, clamping, and collection of towing and impoundment fees for more than two years from2005 to 2007, are criminally liable for illegal exaction sans any legal basis.

This was the opinion of City Legal Officer George Mejia who started the probe into the alleged contract between the JLD Motor and Towing Services and the city government under   the   Lim administration.

“Collections were made from motorists without an ordinance enacted by the city council,” Mejia confirmed as he ascertained that the private company that undertook the towing, clamping and impoundment of vehicles operated without a contract.

He said that based on admission of Public Order and Safety Office chief Robert Erfe-Mejia, his office collected fees from “erring” motorists and that 20 percent of the collections were remitted by him to the city’s One- Stop-Service Center (OSSC) while the 80 percent went to the JLD.

However, POSO’s Erfe-Mejia could not produce or refer to any document that authorized him to effect the collection.

CLO Mejia summoned the POSO chief to his office to shed light on the transaction in connection with his investigation on the services and activities of the towing company that operated in the city.

“I asked Mr. Erfe-Mejia if he received a written directive, memorandum or executive order directing him to implement the towing services in the city but his answer was ‘wala’ (there’s nothing),” the city legal officer said.

When asked what was his basis and authority in implementing the towing services, he said the POSO chief admitted he acted merely on the basis a verbal instruction from “someone higher” in city hall.

Erfe-Mejia refused to identify the official whom he described as “someone higher”.

Mejia said he will soon get the name of the official and added that the POSO chief may also be criminally liable for refusing to fully cooperate with the investigation by refusing to name the official who gave him the instruction.

Mejia also summoned Digna Lioanag, chief of OSSC, who said that indeed there were collections remitted by Erfe-Mejia.

On request of Mejia, a retired City Court judge, Lioanag promised to furnish the CLO the exact amount of money remitted as well as the dates of the remittances

“Mr. Erfe-Mejia is liable under the law, and answerable particularly to people from whom he illegally collected the towing, clamping and impoundment fees,” Mejia said.

The towing fee was pegged at P1,100 while the impoundment fee was áP100 a day. No figure was available for the clamping fee.

CLO Mejia said he will summon Jaime de la Peña of barangay Sta. Maria, San Jacinto, to produce a copy of the contract that allowed his company to tow and clamp unattended vehicles parked in no parking zones of Dagupan city.

It was the official receipt of JLD that was issued to motorists whose vehicles were towed, clamped and impounded.

Lim – Li connection

PUNCH sources revealed that De la Peña is actually the chief mechanic of GTL Trucking owned by George Li of San Jacinto.

Li is reportedly another favored contractor of former city Mayor Benjamin Lim who was allegedly under contract of the city for the support services needed for the city’s annual Bangus Festival.  

 De la Peña simply stopped operating the towing when the city council began asking questions about the contract. He ignored invitations of the city council to appear before it and was not seen nor heard of since.

A source from San Jacinto said JLD was named after dela Peña to hide the identity of the real owner (Li).

Filing of cases

CLO Mejia said he is now drafting a communication to the Sangguniang Panlungsod to ask the latter to conduct an investigation in aid of legislation to prevent the recurrence of the illegal activity initiated by the executive department.

“Based on the findings of the Sanggunian, I will do whatever is directed by it, including the filing of cases against any responsible persons,” he said.

He added, “Kailangag dapat may managot. I am sure that the collections made from there were illegal, in the absence of any contract, ordinance or what not.”

Stressing that that the city is governed by rules and not by men, CLO Mejia said citizens can also charge the city for illegal exaction provided that they can present receipts issued to them by JLD Motor and Towing Service.

The receipt should show the vehicle was towed or clamped after it had been parked in no parking zones of the streets.—LM 

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