SC backs Cebu’s parking ordinance

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Monday, February 3, 2014

MANILA -- A 17-year-old ordinance banning and regulating the parking of vehicles in Cebu City's major roads has been declared legal by the Supreme Court (SC).

In a decision, the SC said Ordinance 1664 was passed by the Cebu City Council in 1997 in line with the legislative authority of local government units (LGUs).

It also found the allegations by the petitioners “unnecessary” because the ordinance “was far from oppressive and arbitrary.”

The ordinance, which aims to have a smooth flow of vehicular traffic in the city’s streets, empowers members of the City Traffic Operations Management (Citom) to immobilize vehicles violating parking rules.

The petition was filed by taxpayer Valentino Legaspi, lawyer Bienvenido Jaban and his son, Bienvenido Douglas Luke Bradbury.

Jaban said he parked his car on V. Gullas Street to get documents from his office on June 23, 1997 but traffic enforcers clamped his vehicle and posted a notice stating that he would be punished in case he breaks the clamp.

He had to pay P4,200 to the City Treasurer’s Office after his car was held for three days.

A month earlier, Douglas’ car was impounded when he parked it in a secluded area without “no parking sign.” Douglas said he paid P1,400 to get his vehicle back.

The Cebu City Regional Trial Court branch 58 invalidated the ordinance on January 22, 1999 but the Court of Appeals (CA) reversed it, pushing the petitioners to question the ruling before the SC. (Sunnex)

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