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About 10 people led by an opposition Cebu City barangay official sought a temporary restraining order (TRO) against two towing companies for allegedly operating illegally in the city yesterday.
Barangay Tinago councilor Joel Garganera and the other complainants asked the Regional Trial Court to issue a writ of preliminary injunction against One Stop Towing Services and Road Warriors Towing and Motor Services.
They also asked the court to prohibit the Cebu City Treasurer's Office from releasing funds or paying the owners and operators of the towing company .
They sued for P15,700 as actual damages and at least P150,000 for litigation expenses, among others.
“Injury will be suffered by the plaintiffs if their vehicles will be illegally towed by a towing entity which is in itself illegally performing or operating,” the complainants said.
They said the companies coperate in Cebu City without any public bidding and without an endorsement from the City Traffic Operations and Management (Citom) or a resolution from the City Council, which poses a “grave injustice” to the city.
If not halted, they said, the towing companies will continue to earn unwarranted benefits and monetary gains from the public funds of the city.
The defendants include Cebu City Mayor Tomas Osmeña, Vice Mayor Michael Rama, Citom executive officer Arnel Tancinco, the Citom Board, City Treasurer's Office.
Also included were Wildredo Evardome, the proprietor of One Stop Towing Services and Rose Fe Pagador as proprietor of Road Warriors Towing and Motor Services.
The complainants include Joel's elder brother Jay Garganera, Henreich Mendoza, Imelda Veloso, Ryan Hongria, Jerry Bandalan, Catalino Deiparine, Felix Taghoy Jr., Primitivo Velez Jr., Rhoelito Cinco, and Atillano Sadaya.
They said Mayor Osmeña issued a provisional authority to One Stop to conduct towing operations without a Citom recommendation or the council's authority in violation of the Local Government Code.
They said Osmeña also entered into a contract with Road Warriors without any public bidding.
Under Cebu City Ordinance No. 2172, they said, the council's approval is required before the mayor can enter into contracts or agreements with the towing companies.
“In allowing One Stop and Road Warriors to operate a towing service without complying with the requirements of the law, Mayor Osmena exceeded his authority and breached the law,” they said.
The mayor, they said, can only negotiate and enter into contracts of towing companies declared as winning bidders by the City Pre-qualification Bids and Awards and Committee with the approval of the City Council.
A competitive public bidding aims to protect the public interest the public the best possibile advantages through open competition, they said.
The complainants also said the council failed to question the arrangement with the two firms while Tancinco allowed the two towing firms to continue operating illegally.
