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‘Public owns Capitol park site’

First Posted 11:50:00 01/07/2009

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CEBU CITY, Philippines - In pushing through with their petition for a temporary restraining order (TRO) against the Capitol parking fees, the Cebu Lawyers for Unity and Brotherhood (Club) pointed to top three cities in Cebu that they said do not charge parking fees.

The group submitted their memorandum on the case to the Regional Trial Court Branch 17, which is scheduled to listen to their oral arguments along with the Cebu provincial government on Wednesday afternoon.

They also included in their petition the removal of the surveillance cameras at the Integrated Bar of the Philippines (IBP) canteen, saying they can be used by the Capitol against the members.

The Club said the lawyers and the rest of the public have every right to park their vehicles in the area provided in the Capitol compound since it is considered a public domain.

“This right to park is valid and existing, actual and legal because it is part of the basic services that the provincial government has to give or deliver to our people," they said.

They also pointed to the city governments of Cebu, Mandaue and Lapu-Lapu, which they said do not charge parking fees in their areas.

The group questioned a Provincial Board ordinance creating the Economic Enterprise Council (ECC) of Cebu which supposedly approved the pay parking fees at the Capitol grounds.

They said the EEC does not have the power to declare the province's property of public dominion as a pay-parking area.

“There is no LGU in the province of Cebu that exacts and collects parking fees for the use of their parking areas. It is only at the Capitol under the baton of Ma'am (Cebu Governor) Gwen (Garcia)," they said.

The group said the parking rates at the Capitol area are more expensive than in SM and Ayala malls which charge P10 and P25 respectively for the whole day.

In contrast, they said the Capitol charges P20 for the first hour and an additional P10 for every hour afterwards.

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