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CEBU CITY, Philippines - The Cebu provincial government on Monday insisted it did not violate the rights of any person or group when it imposed parking fees in the Capitol compound and installed surveillance cameras focused on the Integrated Bar of the Philippines (IBP) office and canteen.
The Capitol filed a memorandum asking the court to dismiss an application for a temporary restraining order (TRO) filed by the Cebu Lawyers Unity and Brotherhood (Club) against Governor Gwendolyn Garcia and Capitol officials.
Oral arguments will be held on Wednesday before the Regional Trial Court (RTC) Branch 17.
Capitol lawyer Marino Martinquilla said the province is authorized by the Local Government Code to exercise the powers of a corporate entity which includes the power ?to create their own sources of revenue and to levy taxes, fees and charges.?
He also cited an ordinance of the Provincial Board (PB) creating the Provincial Economic Enterprise Council, the body which approved the pay-parking scheme in September 2008.
?It is undisputed that the imposition of the subject parking fees and installation of the subject camera are done by the defendants in the exercise of their governmental and official functions,? he said.
Club members and lawyer Elias Espinoza earlier asked the court to strike down as illegal the collection of parking fees and installation of surveillance cameras last month.
They said this was a misuse of public property and had no legal basis. The use of the cameras, on the other hand, was an invasion of privacy, they argued.
In response, Martinquilla said the group's allegations were vague and failed to show any rights that the Capitol may have violated.
He also said the group doesn't stand to suffer grave injustice or injury that would justify the issuance of a TRO.
Martinquilla said it is Cebu province through the Capitol that stands to ?suffer a grave injury? if a TRO is issued against its collection of parking fees.
He said the Capitol already implemented the parking fee scheme last November, yet the group took one month to file the TRO petition.
Martinquilla said no complaints were received from other sectors like the courts or the IBP itself.
He said the IBP Cebu chapter, like the Ombudsman?s Office, is negotiating with the Capitol for lower parking rates and never questioned the Capitol's implementation of the scheme or authority to enforce the system.
