eLegis Sangguniang Panlungsod ng Olongapo

17 September 2005

2005 Ord No. 62

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON SEPTEMBER 16, 2005, AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino- - - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - - “ “
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay

ABSENT:

Hon. Brian Patrick H. Gordon - - - - - - - - - - City Councilor (On Vacation Leave)


WHEREAS, Section 21 of the Local Government Code states that a Local Government Units, pursuant to an ordinance, can permanently or temporarily close or open any local road, alley, park, or square falling within its jurisdiction;

WHEREAS, the same code states that any city, municipality, or barangay may by a duly enacted ordinance temporary close and regulated the use of any local street, road thoroughfare or any other public place where shopping malls, Sunday, flea or night markets or shopping areas may be established and where goods, merchandise, foodstuffs, commodities or articles of commerce may be sold and dispensed to the general public;

NOW, THEREFORE, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to enact the following Ordinance:

ORDINANCE NO. 62
(Series of 2005)

AN ORDINANCE TEMPORARY CLOSING PERIMETER EXTENSION
(VOLUNTEERS PARK) FROM OCTOBER 1, 2005 TO JANUARY 5, 2006
AT 6:00 P.M. TO 3:00 P.M.

BE IT ORDAINED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED, THAT:

SECTION 1. Perimeter Extension (Volunteers Park) is declared temporarily closed October 1, 2005 to January 15, 2006 at 6:00 p.m. to 3:00 p.m.



Con’t. of Ordinance No. 62, Series of 2005.

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SECTION 2. The above temporary closed road will be used for tourism attraction where food festival, music, entertainment and regional products will be showcased.

SECTION 3. The 2005 Olongapo City Fiesta committee will spearhead the tourism activities for the said dates and maintenance of public safety.

SECTION 4. The Traffic Management Board will recommend the necessary routing of vehicles during the said temporary closure.

SECTION 5. This Ordinance shall take effect upon its approval.

APPROVED UNANIMOUSLY, September 16, 2005.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor
Temporary Presiding Officer


BELLA P. ASUNCION MAREY BETH D. MARZAN
City Councilor City Councilor


ANGELINA B. ANDRADA BRIAN PATRICK H. GORDON
City Councilor City Councilor
(On Vacation Leave)


ANSELMO A. AQUINO EDWIN J. PIANO
City Councilor City Councilor


GINA G. PEREZ NAPOLEON F. CAPISTRANO
City Councilor President, Liga ng mga Barangay


ROBINE ROSE C. BUENAFE
SK Federation President






Con’t. of Ordinance No. 62, Series of 2005.

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ATTEST:


ELFLIDA S. SALMON
Council Secretary


APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.



JAMES GORDON, JR.
City Mayor

ATTEST:


DELFIN A. JUICO, JR.
Secretary to the City Mayor

2005 Ord No. 61

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON SEPTEMBER 16, 2005, AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino- - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - “ “
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay

ABSENT:

Hon. Brian Patrick H. Gordon - - - - - - - - - - City Councilor (On Vacation Leave)


WHEREAS, effective and efficient communication is essential for the community to coordinate, interact and keep its members constantly informed;

WHEREAS, with the advent of Information Technology and rapid advances in the field of telecommunications, new ways were discovered to facilitate communication over long distances, breaking barriers in time zones and hard to reach locations;

WHEREAS, the present technology makes it possible for individuals and groups from various locations to virtually meet using the power of the internet and modern telecommunication tools, allowing attendees to interact and share information before, during and after the meeting;

WHEREAS, advanced countries, worldwide organizations and business establishments including the academe had been utilizing this technology, which resulted in dramatic increase in efficiency and has proven to be cost effective;

WHEREAS, no less than President Gloria Macapagal-Arroyo has acknowledged this fast emerging technology and ordered that it be utilized not only to enhance public service but more importantly to conserve energy and reduce government expenditures;

NOW, THEREFORE, on motion of Councilor Edwin J. Piano co-sponsored by Councilors Marey Beth D. Marzan and Gina G. Perez, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to enact the following Ordinance:


Con’t. of Ordinance No. 61, Series of 2005.

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ORDINANCE NO. 61
(Series of 2005)

AN ORDINANCE ADOPTING VIRTUAL MEETINGS AS
ACCEPTABLE FORM OF CONDUCTING OFFICIAL MEETINGS

BE IT ORDAINED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED, THAT:

SECTION 1. Virtual meetings, be it synchronous (real-time) or asynchronous (self-paced), and conducted through various means such as video conferencing, web-conferencing, streaming media, audio conferencing, tele-conferencing, group chat or email exchanges through discussion boards, forums and web logs (blogs) or any combination thereof (integrated physical, on-line and off-line), are hereby declared as acceptable form of conducting Official Meeting.

1.1. Such meeting must be properly scheduled with clearly stated start and ending date and time.

1.2. Meeting Agenda must be clearly written, thoroughly disseminated, and properly approved.

1.3. The Presiding Officer or Committee Chairman shall act as Moderator or assign a qualified member to act on his/her behalf.

1.4. Everyone participating in a virtual meeting must be properly identified using standard source verification methods; anonymous participants are not allowed in an official meeting

1.5. A Secretary whom the Presiding Officer will assign will ensure that attendance of participants and all their inputs in the discussion are properly recorded and minutes of meeting promptly submitted for approval. The printed minutes duly signed and attested by responsible officers shall be treated as official document and kept in the official records archive of the city government.

1.6. Transmission of confidential and sensitive information is inadvisable in virtual meetings.

1.7. All documents, agreements, decisions, resolutions, recommendations, reports, etc. arising from the virtual meetings shall be printed, signed and attested by responsible officers before any of which shall be considered binding, final and executory, and formally accepted in the records of the city government.



Con’t. of Ordinance No. 61, Series of 2005.

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SECTION 2. REPEALING CLAUSE. All ordinances, resolutions, executive orders and other issuances, which are inconsistent with this Ordinance, are hereby repealed and rendered unenforceable. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.

SECTION 3. EFFECTIVITY. This ordinance shall take effect upon approval

APPROVED UNANIMOUSLY, September 16, 2005.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor


BELLA P. ASUNCION MAREY BETH D. MARZAN
City Councilor City Councilor


ANGELINA B. ANDRADA BRIAN PATRICK H. GORDON
City Councilor City Councilor
(On Vacation Leave)


ANSELMO A. AQUINO EDWIN J. PIANO
City Councilor City Councilor


GINA G. PEREZ NAPOLEON F. CAPISTRANO
City Councilor President, Liga ng mga Barangay


ROBINE ROSE C. BUENAFE
SK Federation President



Con’t. of Ordinance No. 61, Series of 2005.

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ATTEST:


ELFLIDA S. SALMON
Council Secretary


APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.



JAMES GORDON, JR.
City Mayor

ATTEST:


DELFIN A. JUICO, JR.
Secretary to the City Mayor

2005 Ord No. 59

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON SEPTEMBER 16, 2005, AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino- - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - “ “
& Temporary Presiding Officer
Hon. Bella P. Asuncion - - - - - - - - - - - - - - City Councilor
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay

ABSENT:

Hon. Brian Patrick H. Gordon - - - - - - - - - - City Councilor (On Vacation Leave)


WHEREAS, the oxygen level of the earth has dwindled to less than 50%. This is attributed to denudation of forest cover and increase in the emission level of motorized vehicles and industrial factories;

WHEREAS, in Olongapo today there are more than 22,000 registered public and private vehicles contributing to this emissions causing environmental pollutions thus contributing to health problems such as but not limited to respiratory ailments, weak immune system and others;

WHEREAS, it is our duty to curb this unhealthy situation by increasing the oxygen level in our environment. It is therefore important that tree planting is a must to enable this situation to be controlled. Knowing that trees are the basic resource for increasing the oxygen level and absorbs carbon dioxins from our surroundings;

WHEREAS, research shows that for every motorized emissions there should be at least ten trees to absorb it;

NOW, THEREFORE, on motion of Councilor Cynthia G. Cajudo, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled to enact the following Ordinance:





Con’t. of Ordinance No. 59, Series of 2005.

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ORDINANCE NO. 59
(Series of 2005)

AN ORDINANCE REQURING ALL PUBLIC AND PRIVATE MOTOR VEHICLE OWNER IN OLONGAPO CITY TO PRODUCE TEN SEEDLINGS TO BE GROWN INTO TREES TO PROMOTE GOOD SOURCE OF NATURAL OXYGEN WHICH ARE DEPLETED DUE TO VEHICLE EMISSIONS.

BE IT ORDAINED BY THE SANGGUNIANG PANGLUNGSOD IN SESSION ASSEMBLED, THAT:

SECTION 1. All vehicle owner/driver registered in LTO Olongapo City shall be required to present ten seedlings 9of fruit or forest trees) upon renewal of its registration.

SECTION 2. The city will issue a certificate of compliance to the owner of the vehicle as proof. These seedlings shall be placed in a nursery identified by the city which shall be nurtured and cared for until such time it shall be planted to the ground. This shall be taken cared of the city agriculturist.

SECTION 3. The City Agriculture Office shall identify the areas suitable for its growth and development.

SECTION 4. All registered drivers in the city are also required to submit for the same number of seedlings upon renewal of their driver’s license.

SECTION 5. Failure to comply to this ordinance shall be subject to a find of Five Hundred Pesos (PhP500.00) and a recommendation to suspend driver’s license and non-issuance of vehicle sticker (LTO) (CITY) as the case may be.

SECTION 6. This Ordinance shall take effect upon its approval.

SECTION 7. That copies of this Ordinance be furnished the Department of Transportation and Communication (DOTC), Land Transportation Office (LTO), Department of Environment and Natural Resources (DENR), House of Representative, Senate of Philippines and the Office of the President for their information and support and proper endorsement.

APPROVED UNANIMOUSLY, September 16, 2005.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor
Temporary Presiding Officer
Con’t. of Ordinance No. 59, Series of 2005.

- 3 -


BELLA P. ASUNCION MAREY BETH D. MARZAN
City Councilor City Councilor


ANGELINA B. ANDRADA BRIAN PATRICK H. GORDON
City Councilor City Councilor
(On Vacation Leave)


ANSELMO A. AQUINO EDWIN J. PIANO
City Councilor City Councilor


GINA G. PEREZ NAPOLEON F. CAPISTRANO
City Councilor President, Liga ng mga Barangay


ROBINE ROSE C. BUENAFE
SK Federation President

ATTEST:


ELFLIDA S. SALMON
Council Secretary


APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.



JAMES GORDON, JR.
City Mayor

ATTEST:


DELFIN A. JUICO, JR.
Secretary to the City Mayor

2005 Ord No. 58

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON SEPTEMBER 16, 2005, AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino- - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - “ “
& Temporary Presiding Officer
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay

ABSENT:

Hon. Brian Patrick H. Gordon - - - - - - - - - - City Councilor (On Vacation Leave)


In the interest of public service and on motion of Councilor Marey Beth D. Marzan, with the majority decision of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to enact the following Ordinance:

ORDINANCE NO. 58
(Series of 2005)

AN ORDINANCE APPROPRIATING THE AMOUNT OF SEVEN MILLION TWO HUNDRED NINETY EIGHT THOUSAND FORTY EIGHT PESOS AND 88/100 (PHP7,298,048.88) CHARGEABLE TO THE PAGCOR FUND TO FUND PRIORITY PROJECTS PER RESOLUTION NO. 78, SERIES OF 2005

BE IT ORDAINED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED, THAT:

SECTION 1. The amount of Seven Million Two Hundred Ninety Eight Thousand Forty Eight Pesos and 88/100 (PhP7,298,048.88) is hereby appropriated for the city’s priority projects of Olongapo City chargeable against PAGCOR Funds to wit:







Con’t. of Ordinance No. 58, Series of 2005.

- 2 -

Project Amount
East Bajac-Bajac
1 Rehabilitation of East Bajac-Bajac Public Market 989,061.38
2 Proposed Termite Management Program of Convention Center 221,844.00
3 Proposed Completion of 2-CL, Fencing and Drainage System at Gordon College 337,492.78
4 Proposed Termite Management Program of Olongapo City Museum 203,496.00
Total for East Bajac-Bajac 1,751,894.16
East Tapinac
5 Proposed Concreting/Asphalt Overlay of Road at 1190 St. 683,257.98
Total for East Tapinac 683,257.98
Gordon Heights
6 Repainting of Fence, Stage & School Bldg. at Gordon Heights HS 756,638.83
Total for Gordon Heights 756,638.83
Kababae
7 Repair and Repainting of Brgy. Hall and Cop's Kababayan Center 263,357.36
Total for Kababae 263,357.36
Mabayuan
8 Proposed Construction of Open Drainage System of Upper Leyva St. (Otero Ave. - Alley) 290,413.54
Total for Mabayuan 290,413.54
New Cabalan
9 Repainting of Fence & School Bldg. Bangal ES 192,237.41
Total for New Cabalan 192,237.41
New Ilalim
10 Repainting of School Buildings and Fence, Repair of Exterior Ceiling at New Ilalim ES 257,535.20
Total for New Ilalim 257,535.20
Pag-Asa
11 Repair and Repainting of James L. Gordon Market and Mall 1,999,992.35
Total for Pag-Asa 1,999,992.35
Sta. Rita.

12 Repainting of Fence and School Building at Sta. Rita HS 304,347.03
13 Repainting of Fence, School Building and Concreting of Frontage at Sta. Rita ES 499,019.93
Total for Sta. Rita 803,366.96
West Tapinac
14 Proposed Improvement of Barangay Hall 299,355.09
Total for West Tapinac 299,355.09

TOTAL AMOUNT 7,298,048.88




Con’t. of Ordinance No. 58, Series of 2005.

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SECTION 2. This appropriation Ordinance shall be subject to the usual accounting and auditing rules and regulations.

SECTION 3. The pertinent letter request of Honorable James Gordon, Jr., dated August 31, 2005 and the Certificate of Availability of Funds dated September 13, 2005 issued by Mr. Marcelino D. Andawi, City Treasurer are hereby made as integral parts of this Ordinance.

SECTION 4. This Ordinance shall take effect upon its approval.

APPROVED, September 16, 2005.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor
(Opposed) Temporary Presiding Officer

BELLA P. ASUNCION MAREY BETH D. MARZAN
City Councilor City Councilor


ANGELINA B. ANDRADA BRIAN PATRICK H. GORDON
City Councilor City Councilor
(On Vacation Leave)


ANSELMO A. AQUINO EDWIN J. PIANO
City Councilor City Councilor


GINA G. PEREZ NAPOLEON F. CAPISTRANO
City Councilor President, Liga ng mga Barangay


ROBINE ROSE C. BUENAFE
SK Federation President







Con’t. of Ordinance No. 58, Series of 2005.

- 4 -



ATTEST:


ELFLIDA S. SALMON
Council Secretary


APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.



JAMES GORDON, JR.
City Mayor

ATTEST:


DELFIN A. JUICO, JR.
Secretary to the City Mayor

2005 Res No. 123

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON SEPTEMBER 16, 2005, AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino- - - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - - “ “
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay

ABSENT:

Hon. Brian Patrick H. Gordon - - - - - - - - - - City Councilor (On Vacation Leave)


RESOLUTION NO. 123
(Series of 2005)

A RESOLUTION RATIFYING THE MUTUAL ACCREDITATION AGREEMENT WITH PERSONNEL WELFARE ASSISTANCE (PWA) OF THE COMMISSION ON AUDIT (COA) FOR AND IN BEHALF OF JAMES L. GORDON MEMORIAL HOSPITAL (JLGMH) ON THE
PROVISION OF HEALTH CARE AND MEDICAL SERVICES

WHEREAS, the Sangguniang Panlungsod approve Resolution No. 110, Series of 2005 entitled “A Resolution Authorizing the City Mayor James Gordon, Jr. To Enter Into A Mutual Accreditation Agreement with Personnel Welfare Assistance (PWA) Of The Commission On Audit (COA) For And In Behalf Of JLGMH On The Provision Of Health Care And Medical Services”;

WHEREAS, the body ratified the said Memorandum of Agreement (MOA) kast September 16, 2005;

WHEREAS, the MOA shall take effect on the day of its approval, thus, superseding no. 11 provision of the agreement;

NOW, THEREFORE, on motion of Councilor Marey Beth D. Marzan, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to ratify, as it hereby ratifies the Mutual Accreditation Agreement with Personnel Welfare Assistance (PWA) of the Commission on Audit (COA) for in behalf of James L. Gordon Memorial Hospital (JLGMH) on the provision of Health Care and Medical Services.


Con’t. of Resolution No. 123, Series of 2005.

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Let the signed MOA be made as integral part of this Resolution.

APPROVED UNANIMOUSLY, September 16, 2005.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor
Temporary Presiding Officer


BELLA P. ASUNCION MAREY BETH D. MARZAN
City Councilor City Councilor


ANGELINA B. ANDRADA BRIAN PATRICK H. GORDON
City Councilor City Councilor
(On Vacation Leave)


ANSELMO A. AQUINO EDWIN J. PIANO
City Councilor City Councilor


GINA G. PEREZ NAPOLEON F. CAPISTRANO
City Councilor President, Liga ng mga Barangay


ROBINE ROSE C. BUENAFE
SK Federation President

ATTEST:

ELFLIDA S. SALMON
Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.


JAMES GORDON, JR.
City Mayor

ATTEST:


DELFIN A. JUICO, JR.
Secretary to the City Mayor

2005 Res No. 122

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON SEPTEMBER 16, 2005, AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino- - - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - - “ “
and Temporary Presiding Officer
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay

ABSENT:

Hon. Brian Patrick H. Gordon - - - - - - - - - - City Councilor (On Vacation Leave)


RESOLUTION NO. 122
(Series of 2005)

A RESOLUTION EXTENDING SYMPATHY AND CONDOLENCE TO THE BEREAVED FAMILY OF MRS. OFELIA R. BASA

WHEREAS, Mrs. Ofelia R. Basa joined the hands of our Mighty Lord last September 11, 2005;

WHEREAS, though a native of Cavite, Mrs. Ofelia Basa considered the City as her own as she has dedicated her fruitful life to her family and the Olongapo community ;

WHEREAS, her children proudly remembers her as a loving wife and partner to her husband. When her partner in life passed away in 1978, she fulfilled the roles of both mother and father and raised her five children with utmost courage and diligence ;

WHEREAS, her children complimented all her hardship and support with their accomplishments, crowned all her efforts with their love and called her as their “perfect mother”;

WHEREAS, she served as one of the directors of the Philippine National Red Cross and dedicated her life in cause-oriented activities such as active participation in relief operations, mass blood donation, red cross youth events, membership drives, and disaster preparedness programs, among others;

WHEREAS, the City Government of Olongapo and its people recognize the support and invaluable efforts of the late Mrs. Ofelia Reyes Basa. Her wholehearted, selfless and tireless service led to the amelioration of social conditions of marginalized fellowmen and beneficiaries of the Philippine National Red Cross and the people of Olongapo in general, for which the City is grateful for;

NOW, THEREFORE, on the unanimous accord of the Members of the Sangguniang Panlungsod present,
Con’t. of Resolution No. 122, Series of 2005.
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RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to express, as it hereby expresses profound sympathies and condolences to the bereaved family of Mrs. Ofelia Reyes Basa.

Let a copy of this Resolution be furnished the bereaved family of Mrs. Ofelia Reyes Basa for their information and record;

APPROVED UNANIMOUSLY, September 16, 2005.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor
Temporary Presiding Officer


BELLA P. ASUNCION MAREY BETH D. MARZAN
City Councilor City Councilor


ANGELINA B. ANDRADA BRIAN PATRICK H. GORDON
City Councilor City Councilor
(On Vacation Leave)


ANSELMO A. AQUINO EDWIN J. PIANO
City Councilor City Councilor


GINA G. PEREZ NAPOLEON F. CAPISTRANO
City Councilor President, Liga ng mga Barangay


ROBINE ROSE C. BUENAFE
SK Federation President

ATTEST:

ELFLIDA S. SALMON
Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.

JAMES GORDON, JR.
City Mayor

ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor

2005 Res No. 121

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON SEPTEMBER 16, 2005, AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino- - - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - - “ “
and Temporary Presiding Officer
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay

ABSENT:

Hon. Brian Patrick H. Gordon - - - - - - - - - - City Councilor (On Vacation Leave)

RESOLUTION NO. 121
(Series of 2005)

A RESOLUTION EXTENDING DEEPEST SYMPATHY AND CONDOLENCE TO THE BEREAVED FAMILY OF MR. RAUL S. LORENZANA, SR.

WHEREAS, Mr. Raul S. Lorenzana, Sr., former Olongapo City Market Supervisor and former Senior Executive Assistant of then Mayor and now Senator, Honorable Richard J. Gordon, passed away to be with his Creator on September 13, 2005;

WHEREAS, his demise is considered a loss not only to his family and friends but to the City where he showed his indefatigable commitment as a public servant;

WHEREAS, an active member of the ONSE Fraternity, Mr. Lorenzana is also an ardent supporter of community-based programs and projects;

WHEREAS, his former colleagues remember of his endearing ways of appreciating people and things, the friendship he built and also his firm and steadfast disposition. A good and responsible provider he was to his family, Mr. Lorenzana‘s doting presence as the jolly Lolo of his eight grandchildren will truly be missed;

WHEREAS, the City joins the Lorenzana Family in this moment of grief and prays that God’s mercy and grace will help them step forward from this loss;

NOW, THEREFORE, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to extend, as it hereby extends deepest sympathy and condolence to the bereaved family of Mr. Raul S. Lorenzana, Sr.

Con’t. of Resolution No. 121, Series of 2005.
- 3 -

Let a copy of this Resolution be furnished the bereaved family of Mr. Raul S. Lorenzana, Sr. for their information and record.


APPROVED UNANIMOUSLY, September 16, 2005.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor
Temporary Presiding Officer


BELLA P. ASUNCION MAREY BETH D. MARZAN
City Councilor City Councilor


ANGELINA B. ANDRADA BRIAN PATRICK H. GORDON
City Councilor City Councilor
(On Vacation Leave)


ANSELMO A. AQUINO EDWIN J. PIANO
City Councilor City Councilor


GINA G. PEREZ NAPOLEON F. CAPISTRANO
City Councilor President, Liga ng mga Barangay


ROBINE ROSE C. BUENAFE
SK Federation President

ATTEST:

ELFLIDA S. SALMON
Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.


JAMES GORDON, JR.
City Mayor

ATTEST:


DELFIN A. JUICO, JR.
Secretary to the City Mayor

2005 Res No. 120

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON SEPTEMBER 16, 2005, AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino- - - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - - “ “ and Temporary Presiding Officer
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay

ABSENT:

Hon. Brian Patrick H. Gordon - - - - - - - - - - City Councilor (On Vacation Leave)


RESOLUTION NO. 120
(Series of 2005)

A RESOLUTION EXTENDING SYMPATHY AND CONDOLENCE TO THE BEREAVED FAMILY OF ALFREDO B. JAHNKE

WHEREAS, Mr. Alfredo B. Jahnke peacefully joined our Lord on September 8, 2005 at the age of 77;

WHEREAS, “Fred” which he is respectfully called by his friends is a native of Cavite City remembered for his sporty stance with interest on boxing, table tennis and basketball;

WHEREAS, his loving wife Rosario and children Romeo and Roberto described him as a strong-willed, strict, serious, responsible and supportive person. Despite hectic schedules in his security services, he maintains compose and warm relationship with his family providing them all their needs and comfort in life;

WHEREAS, he set up a branch of Lanting Security Services which he later successfully established his own named Aim High Security Services that provided security support to the City of Olongapo;

WHEREAS, he has been generous to the needy and always take part in the yearly fiesta festivity by providing free brass band for the grand parade;

WHEREAS, the City joins the Jahnke Family in this moment of mourning and prays that mercy and comfort of our Mighty Lord will help them step forward from this loss;

NOW, THEREFORE, on the unanimous accord of the Members of the Sangguniang Panlungsod present,




Con’t. of Resolution No. 120, Series of 2005.

- 2 -

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to express, as it hereby expresses profound sympathies and condolences to the bereaved family of Mr. Alfredo B. Jahnke.
Let a copy of this Resolution be furnished the bereaved family of Mr. Alfredo B. Jahnke for their information and record;

APPROVED UNANIMOUSLY, September 16, 2005.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor
Temporary Presiding Officer


BELLA P. ASUNCION MAREY BETH D. MARZAN
City Councilor City Councilor

ANGELINA B. ANDRADA BRIAN PATRICK H. GORDON
City Councilor City Councilor
(On Vacation Leave)

ANSELMO A. AQUINO EDWIN J. PIANO
City Councilor City Councilor

GINA G. PEREZ NAPOLEON F. CAPISTRANO
City Councilor President, Liga ng mga Barangay

ROBINE ROSE C. BUENAFE
SK Federation President

ATTEST:

ELFLIDA S. SALMON
Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.

JAMES GORDON, JR.
City Mayor

ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor

2005 Res No. 117

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON SEPTEMBER 16, 2005, AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino- - - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - - “ “
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay

ABSENT:

Hon. Brian Patrick H. Gordon - - - - - - - - - - City Councilor (On Vacation Leave)


RESOLUTION NO. 117
(Series of 2005)

A RESOLUTION ENDORSING THE OLONGAPO CITY COMPUTER SERVICES ASSOCIATION (OCCSA) REQUEST TO BUSINESS SOFTWARE ALLIANCE (BSA), NATIONAL BUREAU OF INVESTIGATION (NBI), OPTICAL MEDIA BOARD (OMB) AND PHILIPPINE NATIONAL POLICE (PNP) TO DEFER IMPLEMENTATION OF THE “OPLAN CRACKDOWN” TO DECEMBER 31, 2005.

WHEREAS, the government has launched its all out fight against anti-piracy that includes violators of the Optical Media Act or the Intellectual Property Right Code;

WHEREAS, the Pilipinas Anti-Piracy campaign ads stated that 71% of PC software being used in the Philippines in 2004 was illegal and that piracy deprives the country of additional revenues and new job opportunities;

WHEREAS, the Government of Olongapo recognizes the economic contribution brought by the 150 existing and registered computer shops with their investment contribution to the City estimated to an amount of PhP45,000,000.00 and has generated an approximate employment of 550 people;

WHEREAS, the Members of the Olongapo City Computer Services Association, and Owners, Managers and Representatives of Establishments Engaged in Computer Services, Sales And Rentals in the territorial jurisdiction of Olongapo City recognizes the essence of the Pilipinas Anti-Piracy campaign;

WHEREAS, said Association are requesting the Business Software Alliance (BSA) to defer implementation of the “Oplan Crackdown” and give the same until December 31, 2005 to comply for their software licensing requirements;
Con’t. of Resolution No. 117, Series of 2005.

- 2 -

WHEREAS, realizing the hardship encountered by our business sector, we deemed it proper to endorse their Resolution;

NOW THEREFORE, on motion of Councilor Edwin J. Piano with the unanimous accord of the Members of the Sanggunian Panlungsod present;

RESOLVED, AS IT IS HEREBY RESOLVED, by Sangguniang Panlungsod in session assembled, to endorse, as it hereby endorses the Olongapo City Computer Services Association (OCCSA) request to Business Software Alliance (BSA), National Bureau of Investigation (NBI), Optical Media Board (OMB) and Philippine National Police (PNP) to defer implementation of the “Oplan Crackdown” to December 31, 2005.

Let copies of this Resolution be furnished the Business Software Alliance (BSA), National Bureau of Investigation (NBI), Optical Media Board (OMB), Philippine National Police (PNP) for their information and action.

APPROVED UNANIMOUSLY, September 16, 2005.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor


BELLA P. ASUNCION MAREY BETH D. MARZAN
City Councilor City Councilor


ANGELINA B. ANDRADA BRIAN PATRICK H. GORDON
City Councilor City Councilor
(On Vacation Leave)


ANSELMO A. AQUINO EDWIN J. PIANO
City Councilor City Councilor


GINA G. PEREZ NAPOLEON F. CAPISTRANO
City Councilor President, Liga ng mga Barangay


ROBINE ROSE C. BUENAFE
SK Federation President



Con’t. of Resolution No. 117, Series of 2005.

- 3 -



ATTEST:


ELFLIDA S. SALMON
Council Secretary


APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.



JAMES GORDON, JR.
City Mayor

ATTEST:


DELFIN A. JUICO, JR.
Secretary to the City Mayor

2005 Res NO. 116

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON SEPTEMBER 16, 2005, AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino - - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - “ “ & Temporary Presiding Officer
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay

ABSENT:

Hon. Brian Patrick H. Gordon - - - - - - - - - - City Councilor (On Vacation Leave)


RESOLUTION NO. 116
(Series of 2004)

A RESOLUTION PROMOTING OCTOBER AS THE CONSUMER WELFARE MONTH AND ENJOINING ALL ESTABLISHMENTS TO PARTICIPATE IN
THE CITY WIDE SALE ON OCTOBER 15-31, 2005 AND REQUESTING THE DEPARTMENT OF TRADE & INDUSTRY (DTI) TO WAIVE THE PERMIT
FOR SALE PROMOTION FOR THIS EVENT


WHEREAS, pursuant to Presidential Proclamation No. 1098 dated September 26, 1997, the nation will once again celebrate the annual Consumer Welfare Month (CWM) this October;

WHEREAS, to ensure the successful celebration of CWM 2005, the 2005 City Fiesta Committee, Department of Trade & Industry and the Olongapo City Local Price Coordinating Council (LPCC) will undertake the City Wide Sale as part of the CWM and the Octoberfest Mardigras;

WHEREAS, the 2005 City Fiesta Committee is geared to showcase the Olongapo City’s Best of the Best and to reborn the City’s long image as the Mardi Gras Hub of the Country to feature varieties of activities and special events that will give a chance for the businessmen and consumers to barter their products, services and merchandizes on a promotional/discounted rates;

WHEREAS, the Department of Trade & Industry mandates that all business promotions should secure permit before its launching;




Con’t. of Resolution No. 116, Series of 2005.

- 2 -

WHEREAS, as an incentives and free promotional drive of the City Government of Olongapo for our business establishment, it is but proper to enhance their interest to take part in this City Wide Sale by exempting them in securing promotional permit with the Department of Trade & Industry;

NOW, THEREFORE, on motion of Marey Beth D. Marzan, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to promote, as it hereby promotes the Month of October as the Consumer Welfare Month and enjoin as it hereby enjoins all establishments to participate in the City Wide Sale on October 15-31, 2005.

RESOLVED FURTHER, AS IT IS HEREBY FURTHER RESOLVED, to request as it hereby requests the Department of Trade & Industry to waive the Permit for Sale Promotion for the coming City Wide Sale;

Let copies of this resolution be furnished all establishments in the City and the Department of Trade & Industry for their information and action.

APPROVED UNANIMOUSLY, September 16, 2005.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor
Temporary Presiding Officer


BELLA P. ASUNCION MAREY BETH D. MARZAN
City Councilor City Councilor


ANGELINA B. ANDRADA BRIAN PATRICK H. GORDON
City Councilor City Councilor
(On Vacation Leave)


ANSELMO A. AQUINO EDWIN J. PIANO
City Councilor City Councilor


GINA G. PEREZ NAPOLEON F. CAPISTRANO
City Councilor President, Liga ng mga Barangay


ROBINE ROSE C. BUENAFE
SK Federation President
Con’t. of Resolution No. 116, Series of 2005.

- 3 -

ATTEST:

ELFLIDA S. SALMON
Council Secretary


APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.



JAMES GORDON, JR.
City Mayor

ATTEST:


DELFIN A. JUICO, JR.
Secretary to the City Mayor

2005 Res No. 112

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON
SEPTEMBER 16, 2005, AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino- - - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - - “ “
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay

ABSENT:

Hon. Brian Patrick H. Gordon - - - - - - - - - - City Councilor (On Vacation Leave)


RESOLUTION NO. 112
(Series of 2005)


A RESOLUTION RATIFYING THE NEGOTIATED CONTRACT ENTERED INTO BETWEEN THE CITY OF OLONGAPO AND HAIDEE CONSTRUCTION AND DEVELOPMENT CORPORATION FOR THE BOARDWALK PROJECT AT DRIFTWOOD BEACH, BARANGAY BARRETTO


WHEREAS, the City aims that all its eco-tourism endeavors will concretize its development framework, energize investment promotion and spur business growth that will redound to the greater benefit of its constituents;

WHEREAS, the Sangguniang Panlungsod deems that the negotiated contract entered into by the City with regard to the Boardwalk Project at Barangay Barretto, this City will help attain the abovementioned purpose;

NOW THEREFORE, on motion of Councilor Cynthia G. Cajudo, sponsored by Councilors Bella P. Asuncion, Marey Beth D. Marzan, Angelina B. Andrada, Anselmo A. Aquino, Edwin J. Piano, Gina G. Perez, Napoleon F. Capistrano and Robine Rose C. Buenafe with the unanimous accord of the Members of the Sangguniang Panlungsod present;

RESOLVED, AS IT IS HEREBY RESOLVED, by Sangguniang Panlungsod in session assembled, to ratify, as it hereby ratifies the negotiated contract entered into between the City of Olongapo and HAIDEE Construction and Development Corporation for the Boardwalk Project at Driftwood Beach, Barangay Barretto.


Con’t. of Resolution No. 112, Series of 2005.

- 2 -

RESOLVED FURTHER, AS IT IS HEREBY FURTHER RESOLVED, that a copy of the signed negotiated contract be made as integral part of this Resolution.

Let a copy of this Resolution be furnished Mr. Rommel T. Concepcion, President/AMO of HAIDEE Construction and Development Corporation for his information and record.

APPROVED, September 16, 2005.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor
(Opposed for legal reasons)


BELLA P. ASUNCION MAREY BETH D. MARZAN
City Councilor City Councilor


ANGELINA B. ANDRADA BRIAN PATRICK H. GORDON
City Councilor City Councilor
(On Vacation Leave)


ANSELMO A. AQUINO EDWIN J. PIANO
City Councilor City Councilor


GINA G. PEREZ NAPOLEON F. CAPISTRANO
City Councilor President, Liga ng mga Barangay


ROBINE ROSE C. BUENAFE
SK Federation President
ATTEST:

ELFLIDA S. SALMON
Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.


JAMES GORDON, JR.
City Mayor
ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor

2005 Res No. 111

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON SEPTEMBER 16, 2005, AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino- - - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - - “ “
and Temporary Presiding Officer
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay

ABSENT:

Hon. Brian Patrick H. Gordon - - - - - - - - - - City Councilor (On Vacation Leave)

RESOLUTION NO. 111
(Series of 2005)

A RESOLUTION REITERATING THE CITY’S STAND ON THE WATER TARIFF INCREASE IMPLEMENTED BY SUBICWATER AND SEWERAGE CORPORATION AND ENDORSING THE PETITION OF ITS PEOPLE IN LINE WITH THE SAID INCREASE TO THE SUBIC BAY WATER REGULATORY BOARD (SBWRB) AND THE SUBIC BAY METROPOLITAN AUTHORITY (SBMA) FOR THEIR APPROPRIATE AND IMMEDIATE ACTION

WHEREAS, the Olongapo Sangguniang Panlungsod has a standing Resolution opposing the water tariff increase of Subic Water and Sewerage Company Incorporated as passed and signed by the majority of its members on September 24,2003;

WHEREAS, the Olongapo City Officials have long recognized that an additional burden in the already miserable plight of its constituents is already inevitable should another increase be implemented by the aforementioned water company.

WHEREAS, last June 2005, another increase in Subic Water rates was proposed to accommodate the water company’s needs to provide better service to the City which will cover technical upgrading and changing of systems;

WHEREAS, for and in behalf of the Olongapo constituents, the City leadership deems that the increase is not only inappropriate but likewise untimely and prejudicial to the people;

WHEREAS, however, the City Government of Olongapo endeavors that good understanding and healthy business relation between Subic Water and the Olongapo City consumers be fostered and as such deems that the endorsement of the said petition Subic
Bay Water Regulatory Board (SBWRB) and the Subic Bay Metropolitan Authority

Con’t. of Resolution No. 111, Series of 2005.
- 2 -
(SBMA) is necessary, since they are the governing bodies to decide on the issues regarding water tariff increases;

NOW, THEREFORE, with the unanimous accord of the Members of the Sangguniang Panlungsod present;

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to reiterate, as it hereby reiterates the City’s stand on the water tariff increase implemented by Subicwater and Sewerage Corporation and endorsing the petition of its people in line with the said increase to the Subic Bay Water Regulatory Board (SBWRB) and the Subic Bay Metropolitan Authority (SBMA) for their appropriate and immediate action.

APPROVED UNANIMOUSLY, September 16, 2005.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor


BELLA P. ASUNCION MAREY BETH D. MARZAN
City Councilor City Councilor


ANGELINA B. ANDRADA BRIAN PATRICK H. GORDON
City Councilor City Councilor
(On Vacation Leave)


ANSELMO A. AQUINO EDWIN J. PIANO
City Councilor City Councilor


GINA G. PEREZ NAPOLEON F. CAPISTRANO
City Councilor President, Liga ng mga Barangay


ROBINE ROSE C. BUENAFE
SK Federation President

ATTEST:
ELFLIDA S. SALMON
Council Secretary


APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.

JAMES GORDON, JR.
City Mayor

ATTEST:
DELFIN A. JUICO, JR.
Secretary to the City Mayor

14 September 2005

2005 Ord No. 45

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON
JULY 27, 2005, AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino- - - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - - City Councilor
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Brian Patrick H. Gordon - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay

ABSENT:

Hon. Cynthia G. Cajudo - - - - - - - - - - - - - - City Councilor


In the interest of public service and on motion of Councilor Edwin J. Piano, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to enact the following Ordinance:


ORDINANCE NO. 45
(Series of 2005)

AN ORDINANCE PRESCRIBING FEES FOR QUARRYING OPERATIONS
AND RELATED ACTIVITIES THERETO


ARTICLE I

SECTION 1. AUTHORIZATION AND PURPOSE. This ordinance is created pursuant to the authority granted under The Local Government Code of 1991, “Sec. 2. Declaration of Policy. - (a) It is hereby declared the policy of the State that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals. Toward this end, the State shall provide for a more responsive and accountable local government structure instituted through a system of decentralization whereby local government units shall be given more powers, authority, responsibilities, and resources. The process of decentralization shall proceed from the National Government to the local government units.”



Con’t. of Ordinance No. 45, Series of 2005.

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The purpose of this Ordinance is to:

a) Regulate quarrying/dredging operations in the territorial jurisdiction of the City of Olongapo and charge just, reasonable and affordable administrative, processing, inspection and monitoring fees to sustain effective implementation of this Ordinance;

b) Rehabilitate the city's river system;

c) Partially solve flooding problem in low lying areas;

d) Create additional roads to provide alternative access for residents near the river systems thereby easing traffic congestion in its peripheral roads; and

e) Resolve the perennial spontaneous combustion and fly/mosquito infestation problem in the city's landfill.

SECTION 2. DEFINITION OF TERMS. Unless otherwise specified, the terms and phrases in this Ordinance shall have the following meaning:

a) “Regulations” - refers to the rules and regulations that come with this Ordinance.;

b) “Government” - refers to the Government of the City of Olongapo.;

c) “Person” - refers to a natural person, sole proprietorship, partnership, limited liability entity, corporation or association.;

d) “Sand” - refers to particles of rock passing 2mm sieve.;

e) “Gravel” - refers to particles of rock passing 75mm sieve but no less than 2mm.;

f)
“Boulders”
- refers to fragments of rock retained on a 75mm (3 inch) U.S. standard mesh sieve.;

g) “Spoiled Material” - refers to dredged, excavated or extracted materials which are not appropriate for use as construction material.;

h) “Extraction” - refers to the act or process of taking, excavating and removing.;

i)

“Public Waters”

- refers to bodies of water belonging to the public domain such as but not limited to seas, bays, lakes, ponds, creeks, streams, rivers and swamps.;



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j)
“Public Land”
- refers to the portion of public domain to which title is still vested in the Government.;

k)

“Private Land”

- refers to the land that belongs to a private person with complete title as well as land claimed by a bonafide holder, claimant, or occupant with perfect title.;

l) “Permit” - refers to commercial, gratuitous or industrial permit issued under this Ordinance.;

m) “Permittee” - refers to one to whom a permit is issued under this Ordinance.;

n) “Quarrying” - refers to the extraction of building or infrastructure project materials such as sand, soil, gravel, stone or slate usually from an open surface quarry but can also be materials which are underwater; where the final destination of extracted material is for commercial or financially profitable purpose.;

o) “Dredging” - refers to clean, deepen, widen or rehabilitate a river system or other open water area such as beaches with appropriate dredging equipment. The extracted materials are usually not suitable for building, construction or other infrastructure project purposes.;

p) “De-silting” - refers to dredge up silt in order to clean, deepen, or rehabilitate a river system.;

q) “Silt” - refers to a sedimentary material consisting of very fine particles intermediate in size between sand and clay.;

r) “Embankment” - refers to the elevated strip of land adjoining rivers and waterways measuring at least five (5) meters wide.

ARTICLE II

SECTION 3. PERMIT TO TAKE AND DISPOSE OF MATERIALS. No person, corporation, partnership or government entity/ instrumentality shall be allowed to take and dispose of materials covered by these regulations from public or in private lands unless authorized under a permit issued in accordance with this Ordinance.

SECTION 4. KINDS OF PERMITS AND TERMS THEREOF. Under this Ordinance, there are three (3) kinds of Permits that may be issued, namely:





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a) COMMERCIAL PERMIT - shall cover an area of not more than one (1) hectare in public waters or in public and private lands and is granted for a period of less than one (1) year, renewable for the same period.

b) GRATUITOUS PERMIT - shall be granted to any government entity/ instrumentality or non-profit non-government organizations in need of materials for infrastructure projects, provided, such entity and infrastructure projects both are within the territorial jurisdiction of the City of Olongapo and the cost of material is not included in the contract price.

c) INDUSTRIAL PERMIT - shall cover areas greater than one (1) hectare in public waters or in public and private lands and is granted for a period of up to one (1) year, renewable for a series of one year periods, but not exceeding total of ten (10) years.

SECTION 5. PERMIT FEE. The City through the City Treasurer shall collect the following administrative and regulatory fees:

a) Application Fee P300.00;
b) Processing Fee 200.00 (per hectare);
c) Hauling Equipment Fee
i) six-wheeler truck 250.00 (annual, w/ sticker);
ii) ten-wheeler truck 500.00 (annual, w/ sticker);
iii) barge 1,000.00 (annual, w/ sticker);
d) Extraction Fee P4.00 per cubic meter of sand, gravel and other quarry resources excavated/ extracted within the territorial jurisdiction of the City.

SECTION 6. WHO MAY BE GRANTED A PERMIT. A permit shall be issued to any applicant who has complied with the requirements prescribed by this Ordinance and other pertinent laws and who possesses the following qualifications:

a) In case of an individual, he must be of legal age and a citizen of the Philippines, he must also have a valid mayor’s permit to conduct business in the City of Olongapo.;

b) In case of a corporation or partnership, it shall be organized under the laws of the Philippines duly registered with the Securities and Exchange Commission and at least 60% of the capital of which shall at all times be owned and controlled by citizens of the Philippines. The company must have a valid mayor’s permit to conduct business in the City of Olongapo.;

c) In case of a government agency/ office, it must be duly recognized and in need of materials for infrastructure projects as certified to by the appropriate agency concerned.;




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d) In case of a non-profit organization, it must be an organization duly accredited by the City of Olongapo through appropriate and up-to-date Sangguniang Panlungsod resolution or ordinance.

SECTION 7. APPROVAL AND PROCESSING OF APPLICATIONS. All applications related to this Ordinance shall be filed with the Office of the City Treasurer and shall be approved by the City Mayor.

a) Application for Permit under this Ordinance may be recommended for rejection or denial by the Environmental Management Bureau of the Department of Environment and Natural Resources if in their opinion, the same does not warrant favorable consideration.;

b) Referral of the application to the Environmental Management Bureau of the Department of Environment and Natural Resources may be waived if the local government authority declares that the primary purpose of the operation is dredging or de-silting to ensure efficiency and effectiveness of the city’s river systems or beautification of the city’s shorelines. A valid Sangguniang Panlungsod resolution duly approved by the City Mayor is required for this waiver.;

c) The City Treasurer shall conduct inspection of the book of accounts of the Permittees, check production against allowable volume, conduct inventory of active operations and report to the Mayor’s Office from time to time as may be required by the activities performed in connection with this Ordinance.

SECTION 8. CONDITIONS FOR THE ISSUANCE OF THE PERMIT. Permits issued under this Ordinance shall be subject to the following terms and conditions:

a) The permit may be suspended or revoked at any time by the City Mayor, as the case maybe, when in his opinion, public interest so requires or upon failure of the Permittee to comply with the other terms and conditions stated in the Permit.;

b) The statements made in the applications or those made later in support thereof shall be considered as conditions and essential parts of the permit and any misrepresentation contained therein shall be a cause for the suspension or revocation of the Permit.;

c) No extraction or removal of materials for purpose of quarrying shall be allowed within a distance of one (1) kilometer from the boundaries of reservoirs established for public water supply and ten (10) meters away from the embankment of rivers and of any public or private works and structures, unless the prior clearance of the agency or owner concerned is obtained.;





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d) The removal or taking of materials under the Permit shall be confined within the area specified therein, the boundaries of which, according to the application are established on the ground with prominent marks.;

e) Dirt and/or traces of sand or gravel introduced into city streets by the quarrying operation shall be cleaned up immediately by the Permittee.;

f) The Permittee or his agent or representative shall post a copy of the Permit at the place of removal or taking of materials and made available at all times for inspection or examination by the Mayor or his authorized representative, the City Treasurer, or other responsible government authorities.;

g) The Permittee or his agent or representative shall post a copy of the Permit on all hauling vehicles and equipment and made available at all times for inspection or examination by the Mayor or his authorized representative, the City Treasurer, or other responsible government authorities.;

h) The City Treasurer’s office shall issue the corresponding official receipt that shall at all times accompany the Permit.;

i) Truck drivers and haulers of sand and gravel materials who fail to present the required official receipt upon demand shall pay a penalty of Five Hundred (P500.00) Pesos per truck load of the materials being transported. Failure to pay the penalty shall be a cause for the impounding of materials and vehicles by the city to be released only upon payment of the required amount to the City Treasurer.;

j) All hauling trucks shall be required to secure a gravel and sand sticker to be issued by the City Treasurer’s Office or the Business Permit Section to be placed permanently on the windshield of the vehicle used for quarrying and transportation of sand, gravel and other quarry resources.;

k) Gravel and sand trucks traversing the roads of Olongapo City who claim that the source of their cargo (quarry material) is outside the territorial jurisdiction of Olongapo City must, upon inspection by the City Mayor or his duly authorized representative, be able to present valid documents such as quarry permits and official receipts issued by duly constituted authorities. Failure to present required documents will subject the truck and cargo in question to the applicable provisions of this Ordinance. Such hauling vehicles are still required to obtain a gravel and sand permit from the City of Olongapo especially if the final destination of their cargo is within the territorial jurisdiction of Olongapo City.;

l) Non-payment by quarry operators of the required administrative and regulatory fees mentioned herein and those whose trucks and haulers are without the gravel and sand stickers shall be impounded, and will be released only upon the full payment of the fee, the price of sticker, and penalty of P500.00 per truck.;


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SECTION 9. SURVEY PLAN. All applications under this Ordinance shall be accompanied by a survey plan duly prepared, signed and sealed by a licensed Geodetic Engineer. Such plan shall contain general information including technical description, reference points, location map and operational plan which shall contain a rehabilitation of the area applied for when necessary.

SECTION 10. LIABILITY FOR DAMAGES AND REHABILITATION OF EXCAVATED AREAS IN PUBLIC AND PRIVATE LANDS. The Permittee shall assume full responsibility and shall be liable for damages to private or public property
that may be caused by his extraction or operation under the permit; furthermore, by reason of the operation thereof, it shall be the Permittee’s responsibility to rehabilitate the excavated area to a condition suitable for other economic activities. Provided, that to guarantee faithful compliance with the said obligation, a surety bond, acceptable to the
Mayor or the City Treasurer, in the amount of Twenty-five Thousand (P25, 000.00) Pesos per hectare or fraction thereof shall be posted by the applicant before the grant of the permit.

SECTION 11. RECORDS AND INSPECTION. The Permittee shall keep a book of accounts in which shall be entered everyday the quantity and kind of materials removed, the fees paid thereon, their selling prices, the names and addresses of the persons or entity to whom the same have been sold or disposed of and other transactions relative to the business. Said book shall at all times be available for inspection by the duly authorized representative of the Mayor and the City Treasurer.

SECTION 12. ASSIGNMENT AND TRANSFER. The permit issued by the City Mayor is non-transferable.

SECTION 13. PERIODIC INSPECTION BY GOVERNMENT OFFICIALS. All operations under this Ordinance shall be subject to periodic inspection by the duly authorized representative of the Mayor, the City Treasurer and other responsible government authorities. On-going operations must comply with the following minimum requirements:

a) That the operation is confined within the permit area;

b) That the materials removed are in accordance with the terms and conditions of the permit;

c) That the aesthetic and ecological value in the permit area is not seriously damaged;

d) That the operation does not threaten the ground stability of any public/private structure;

e) That the quarrying operation does not cause dirt in the city streets, otherwise, cleanup will be charged to the surety bond posted by the Permittee; and





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f) That the intended destination of quarried or dredged material is strictly followed.

A Quarrying Monitoring Officer shall be appointed by the City Mayor to ensure proper recording of extracted/hauled material and the operator’s compliance to the provision of this Ordinance. Copy of the records made by the Monitoring Officer must be submitted daily to the City Mayor and the City Treasurer for proper accounting. The Monitoring Officer will also be tasked to ensure that required moisture content of newly built embankment is maintained at safe level.

SECTION 14. PRIORITY IN REGISTRATION. In cases of conflict involving areas in public domain, the application first registered and accompanied by standard requirements shall be entertained and given priority in granting the permit, subject to the requirement or unless public interest requires otherwise.

ARTICLE III

COMMERCIAL PERMIT

SECTION 15. COMMERCIAL PERMIT. A commercial permit shall be issued to dispose of sand, gravel, and other loose or unconsolidated materials, which are taken in their natural or original state without undergoing processing. The Permittee shall be entitled to extract and remove the materials covered by the permit to the exclusion of others unless public interest required otherwise.

SECTION 16. LIMITATIONS. Only one (1) permit shall be granted to an applicant.

ARTICLE IV

INDUSTRIAL PERMIT

SECTION 17. INDUSTRIAL PERMIT. An industrial permit covering an area of not less than one (1) hectare but not more than five (5) hectares shall be issued for the removal of sand, gravel, boulders and other loose or unconsolidated materials that necessitates the use of mechanical processing.

SECTION 18. CONDITIONS PRECEDENT. No person or company shall be allowed to start operation until after the processing machineries such as, but not limited to: crushing equipment, loaders, dozers, dredgers, back hoes, dump trucks, barges and the likes shall have been presented by the Permittee; provided further, that failure of the Permittee to present the required processing equipment within six (6) months from the grant of the permit may cause the revocation of the permit.

Quarry operators, concessionaires and contractors after securing a Mayor’s Permit must pay the City Treasurer at least fifty (50%) percent in advance corresponding to the volume of materials to be extracted/excavated.

SECTION 19. REQUIREMENTS. The application for industrial permit shall be supported by the following documents:



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a) Plan of the area duly surveyed by transit and tape by the Geodetic Engineer;

b) Clearances from the government agencies concerned that may be affected by the operation or written permission from the owner of the area applied for; and

c) Project study prepared, signed and sealed by a registered engineer stating among others, the nature and kind of materials applied for, production rate, equipment and machineries to be used, estimated volume of the deposit, financing scheme, marketing, technical personnel, operational and rehabilitation plans and the economic feasibility of the proposed operations.


ARTICLE V

PENAL CLAUSE

SECTION 20. UNLAWFUL ACTS. The following shall constitute unlawful acts under this Ordinance, to wit:

a) Any extraction and removal or sale of sand and gravel and other loose unconsolidated materials from its source without a permit duly issued.;
b) Any extraction and removal or sale of sand and gravel materials outside the permit area.;
c) Diverting materials acquired using a gratuitous permit to a commercial or financially profitable purpose.

All persons responsible for committing any of the foregoing acts shall be prosecuted for the violation of this Ordinance and penalized in accordance with the succeeding section.

SECTION 21. PENALTY. Commission of any of the unlawful acts referred to in this Ordinance shall subject the offender to the penalties provided for under the provisions of the law of the land such as but not limited to:

a) Republic Act No. 7076 or the "People's Small-Scale Mining Act of 1991";

b) Republic Act No. 7942 or the "Philippine Mining Act of 1995."
AN ACT INSTITUTING A NEW SYSTEM OF MINERAL RESOURCES EXPLORATION, DEVELOPMENT, UTILIZATION, AND CONSERVATION.;

c) Act No. 3815 or The Revised Penal Code of the Philippines.



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ARTICLE VI

MISCELLANEOUS PROVISIONS


SECTION 22. RECOGNITION OF EXISTING MINING RIGHTS. All existing and valid mining claims, if any, perfected and non- perfected, registered under the provisions of Commonwealth Act No. 157, as amended, Presidential Decree No. 463, as amended, and the other laws relating to mining shall be recognized and the rights acquired there under respected.

SECTION 23. PREFERENTIAL RIGHT. Owners/ lessees of private land shall have the preferential right to extract and remove sand and gravel materials that may be found in their land. Lands with imperfect titles shall be recognized if supported by up-to-date payment of realty taxes. Provided that, any extraction of sand and gravel and other earth materials for commercial purposes shall be subjected to provisions of this Ordinance and the terms and conditions set forth herein.

SECTION 24. FAILURE TO KEEP BOOK OF ACCOUNTS. Failure of the Permittee, as required in this Ordinance, to keep book of accounts as related to the materials removed and disposed of, shall be sufficient ground for the suspension or revocation of the permit and payments made by the Permittee shall be forfeited in favor of the City Government.

SECTION 25. PREFERED USE OF SPOILED MATERIALS. Where appropriate, dredged materials shall be used in the following manner:

a) Dredged materials not appropriate for use in the construction of the river system's embankment and dredged materials in excess of the required material to construct the river system’s embankment shall be used as topsoil of the city's landfill in Tagumpay Street, Purok 4, Barangay New Cabalan, Olongapo City.

b) Establish embankment or repair eroded/damaged embankment of the city's river systems. The embankment shall be at least five (5) meters wide or spacious enough for a utility vehicle to traverse. The height of the embankment shall normally be equal to the existing height of the riverbank. In cases where the existing riverbank is below sea level or when the location is a flood prone area, like Purok 1 of Barangay Sta. Rita and Mactan of Barangay Old Cabalan, this city, the embankment will be built higher than existing height of riverbank in order to protect low lying areas from onslaught of floodwater.

b.1 RULES ON THE USE OF EMBANKMENT

b.1.1 Completed sections of the embankment are to be given name by the Sangguniang Panlungsod through a resolution or an ordinance. Each section of the river will be offered for adoption

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using the KBG ‘log-ko-‘to! (Kalikasan Buhayin at Gandahan Ilog ko Ito) program to Non-Government Organization (NGO) who will volunteer to be responsible for the river’s upkeep. The name of the organization (Lions, Rotary, Jaycees, BSP, GSP, BLOOM, etc.) who adopted that section of the river will be the designated name of that particular embankment. Officially designated names are to be appropriately placed on entrance of each embankment.;

b.1.2 Embankments are to be declared one-way streets with the flow of traffic the same as the natural flow of the river. Provided that in areas where there is no secondary road like in Barangay Kalaklan of this City (from INC to Kalaklan SBMA Exit Bridge or we can build it longer from Mabayuan Bridge up to Parola,) the embankment will be built wide enough for two tricycles to traverse in opposite direction.,

b.1.3 No obstructing structure (permanent or temporary, including stores, carenderias, basketball courts and the likes) will be allowed in any part of the embankment.;

b.1.4 No vehicle (three wheeled and above, or even motorbike if it obstruct traffic) will be allowed to park in any part of the embankment. Parked vehicles will be immediately towed to the impounding area and the owner to be charged with appropriate penalties. Only duly authorized utility vehicles such as garbage collection trucks, road repair service trucks, water sprinkling tankers and the likes will be allowed but only during the times when an on-going operation is taking place.;

b.1.5 Right of way to the embankment are to be kept open to traffic at all times. Provided that during heavy downpour on a monsoon season, and upon discretion by competent authorities, access to embankments may be restricted to ensure the public’s safety.;

b.1.6 Embankments which were found to have positive impact on the city’s economy and general well-being will be recommended for funding in order to make it stronger and permanent by building riprap and concreting the same.

SECTION 26. REPEALING CLAUSE/ PROVISIONS. All ordinances, resolutions, executive orders and other issuances related to quarrying, dredging or de-silting which are inconsistent with this Ordinance are hereby repealed and rendered unenforceable.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Sangguniang Panlungsod hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section,
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subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.


ARTICLE VII

SECTION 27. EFFECTIVITY. This Ordinance shall take effect upon approval by the Sangguniang Panlungsod; and after

a) copies thereof shall have been posted at conspicuous places in the city for three (3) consecutive weeks;

b) copies thereof shall have been distributed (at least one copy each) to all the seventeen (17) barangays of the city; and

c) certified true copies thereof shall have been published in full in a local newspaper.

Provided further that the City Council Secretary would have accomplished a duly Notarized Affidavit of Posting, Distribution and Publication that will form part of this Ordinance with the format prescribed herein.

APPROVED UNANIMOUSLY, July 27, 2005.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor
(Absent)

BELLA P. ASUNCION MAREY BETH D. MARZAN
City Councilor City Councilor


ANGELINA B. ANDRADA BRIAN PATRICK H. GORDON
City Councilor City Councilor


ANSELMO A. AQUINO EDWIN J. PIANO
City Councilor City Councilor


GINA G. PEREZ NAPOLEON F. CAPISTRANO
City Councilor President, Liga ng mga Barangay


ROBINE ROSE C. BUENAFE
SK Federation President



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ATTEST:

ELFLIDA S. SALMON
Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.


JAMES GORDON, JR.
City Mayor

ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor





































AFFIDAVIT OF POSTING, DISTRIBUTION AND PUBLICATION

The City Council Secretary, ELFLIDA S. SALMON, being first duly sworn, deposes and says:

That she is the duly appointed and qualified Sangguniang Panlungsod Secretary of the City of Olongapo;

That in compliance with provisions of ORDINANCE NO. 45, 2005, being:

AN ORDINANCE PRESCRIBING FEES FOR QUARRYING OPERATIONS
AND RELATED ACTIVITIES THERETO

On the _________________________, certified true copies of this ordinance was published in full in the Local Newspaper: ______________ and posted in full in the internet with the following permanent link:

http://subicbay.ph/Olongapo/Quarry_Ordinance.pdf;

And was, in compliance with provisions of this ordinance and other pertinent provisions of applicable laws, from the ______________________________________, caused to be posted for at least three weeks in three conspicuous places in the City of Olongapo, to wit:

Olongapo City Hall
Olongapo Public Market
Olongapo City Mall

And on the ______ of ______________ 2005, caused to be distributed (at least one copy each) to all the seventeen (17) barangays of the City of Olongapo. The distribution list, attached herewith, duly acknowledged and signed by responsible barangay officers.



ELFLIDA S. SALMON


REPUBLIC OF THE PHILIPPINES )
CITY OF OLONGAPO ) S.S.

BEFORE ME this _______ day of August, 2005 at Olongapo City, personally appeared ELFLIDA S. SALMON with her Res. Cert No. __________ issued on __________, 2005 at Olongapo City, known to me and to me known to be the same person who executed the foregoing instrument and acknowledged to me that the same is her free act and voluntary deed.

WITNESS MY HAND AND NOTARIAL SEAL.

Doc. No. _______.
Book No. _______.
Page No. _______.
Series of 2005.

2005 Ord No. 45

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON
JULY 27, 2005, AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino- - - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - - City Councilor
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Brian Patrick H. Gordon - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay

ABSENT:

Hon. Cynthia G. Cajudo - - - - - - - - - - - - - - City Councilor


In the interest of public service and on motion of Councilor Edwin J. Piano, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to enact the following Ordinance:


ORDINANCE NO. 45
(Series of 2005)

AN ORDINANCE PRESCRIBING FEES FOR QUARRYING OPERATIONS
AND RELATED ACTIVITIES THERETO


ARTICLE I

SECTION 1. AUTHORIZATION AND PURPOSE. This ordinance is created pursuant to the authority granted under The Local Government Code of 1991, “Sec. 2. Declaration of Policy. - (a) It is hereby declared the policy of the State that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals. Toward this end, the State shall provide for a more responsive and accountable local government structure instituted through a system of decentralization whereby local government units shall be given more powers, authority, responsibilities, and resources. The process of decentralization shall proceed from the National Government to the local government units.”



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The purpose of this Ordinance is to:

a) Regulate quarrying/dredging operations in the territorial jurisdiction of the City of Olongapo and charge just, reasonable and affordable administrative, processing, inspection and monitoring fees to sustain effective implementation of this Ordinance;

b) Rehabilitate the city's river system;

c) Partially solve flooding problem in low lying areas;

d) Create additional roads to provide alternative access for residents near the river systems thereby easing traffic congestion in its peripheral roads; and

e) Resolve the perennial spontaneous combustion and fly/mosquito infestation problem in the city's landfill.

SECTION 2. DEFINITION OF TERMS. Unless otherwise specified, the terms and phrases in this Ordinance shall have the following meaning:

a) “Regulations” - refers to the rules and regulations that come with this Ordinance.;

b) “Government” - refers to the Government of the City of Olongapo.;

c) “Person” - refers to a natural person, sole proprietorship, partnership, limited liability entity, corporation or association.;

d) “Sand” - refers to particles of rock passing 2mm sieve.;

e) “Gravel” - refers to particles of rock passing 75mm sieve but no less than 2mm.;

f)
“Boulders”
- refers to fragments of rock retained on a 75mm (3 inch) U.S. standard mesh sieve.;

g) “Spoiled Material” - refers to dredged, excavated or extracted materials which are not appropriate for use as construction material.;

h) “Extraction” - refers to the act or process of taking, excavating and removing.;

i)

“Public Waters”

- refers to bodies of water belonging to the public domain such as but not limited to seas, bays, lakes, ponds, creeks, streams, rivers and swamps.;



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j)
“Public Land”
- refers to the portion of public domain to which title is still vested in the Government.;

k)

“Private Land”

- refers to the land that belongs to a private person with complete title as well as land claimed by a bonafide holder, claimant, or occupant with perfect title.;

l) “Permit” - refers to commercial, gratuitous or industrial permit issued under this Ordinance.;

m) “Permittee” - refers to one to whom a permit is issued under this Ordinance.;

n) “Quarrying” - refers to the extraction of building or infrastructure project materials such as sand, soil, gravel, stone or slate usually from an open surface quarry but can also be materials which are underwater; where the final destination of extracted material is for commercial or financially profitable purpose.;

o) “Dredging” - refers to clean, deepen, widen or rehabilitate a river system or other open water area such as beaches with appropriate dredging equipment. The extracted materials are usually not suitable for building, construction or other infrastructure project purposes.;

p) “De-silting” - refers to dredge up silt in order to clean, deepen, or rehabilitate a river system.;

q) “Silt” - refers to a sedimentary material consisting of very fine particles intermediate in size between sand and clay.;

r) “Embankment” - refers to the elevated strip of land adjoining rivers and waterways measuring at least five (5) meters wide.

ARTICLE II

SECTION 3. PERMIT TO TAKE AND DISPOSE OF MATERIALS. No person, corporation, partnership or government entity/ instrumentality shall be allowed to take and dispose of materials covered by these regulations from public or in private lands unless authorized under a permit issued in accordance with this Ordinance.

SECTION 4. KINDS OF PERMITS AND TERMS THEREOF. Under this Ordinance, there are three (3) kinds of Permits that may be issued, namely:





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a) COMMERCIAL PERMIT - shall cover an area of not more than one (1) hectare in public waters or in public and private lands and is granted for a period of less than one (1) year, renewable for the same period.

b) GRATUITOUS PERMIT - shall be granted to any government entity/ instrumentality or non-profit non-government organizations in need of materials for infrastructure projects, provided, such entity and infrastructure projects both are within the territorial jurisdiction of the City of Olongapo and the cost of material is not included in the contract price.

c) INDUSTRIAL PERMIT - shall cover areas greater than one (1) hectare in public waters or in public and private lands and is granted for a period of up to one (1) year, renewable for a series of one year periods, but not exceeding total of ten (10) years.

SECTION 5. PERMIT FEE. The City through the City Treasurer shall collect the following administrative and regulatory fees:

a) Application Fee P300.00;
b) Processing Fee 200.00 (per hectare);
c) Hauling Equipment Fee
i) six-wheeler truck 250.00 (annual, w/ sticker);
ii) ten-wheeler truck 500.00 (annual, w/ sticker);
iii) barge 1,000.00 (annual, w/ sticker);
d) Extraction Fee P4.00 per cubic meter of sand, gravel and other quarry resources excavated/ extracted within the territorial jurisdiction of the City.

SECTION 6. WHO MAY BE GRANTED A PERMIT. A permit shall be issued to any applicant who has complied with the requirements prescribed by this Ordinance and other pertinent laws and who possesses the following qualifications:

a) In case of an individual, he must be of legal age and a citizen of the Philippines, he must also have a valid mayor’s permit to conduct business in the City of Olongapo.;

b) In case of a corporation or partnership, it shall be organized under the laws of the Philippines duly registered with the Securities and Exchange Commission and at least 60% of the capital of which shall at all times be owned and controlled by citizens of the Philippines. The company must have a valid mayor’s permit to conduct business in the City of Olongapo.;

c) In case of a government agency/ office, it must be duly recognized and in need of materials for infrastructure projects as certified to by the appropriate agency concerned.;




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d) In case of a non-profit organization, it must be an organization duly accredited by the City of Olongapo through appropriate and up-to-date Sangguniang Panlungsod resolution or ordinance.

SECTION 7. APPROVAL AND PROCESSING OF APPLICATIONS. All applications related to this Ordinance shall be filed with the Office of the City Treasurer and shall be approved by the City Mayor.

a) Application for Permit under this Ordinance may be recommended for rejection or denial by the Environmental Management Bureau of the Department of Environment and Natural Resources if in their opinion, the same does not warrant favorable consideration.;

b) Referral of the application to the Environmental Management Bureau of the Department of Environment and Natural Resources may be waived if the local government authority declares that the primary purpose of the operation is dredging or de-silting to ensure efficiency and effectiveness of the city’s river systems or beautification of the city’s shorelines. A valid Sangguniang Panlungsod resolution duly approved by the City Mayor is required for this waiver.;

c) The City Treasurer shall conduct inspection of the book of accounts of the Permittees, check production against allowable volume, conduct inventory of active operations and report to the Mayor’s Office from time to time as may be required by the activities performed in connection with this Ordinance.

SECTION 8. CONDITIONS FOR THE ISSUANCE OF THE PERMIT. Permits issued under this Ordinance shall be subject to the following terms and conditions:

a) The permit may be suspended or revoked at any time by the City Mayor, as the case maybe, when in his opinion, public interest so requires or upon failure of the Permittee to comply with the other terms and conditions stated in the Permit.;

b) The statements made in the applications or those made later in support thereof shall be considered as conditions and essential parts of the permit and any misrepresentation contained therein shall be a cause for the suspension or revocation of the Permit.;

c) No extraction or removal of materials for purpose of quarrying shall be allowed within a distance of one (1) kilometer from the boundaries of reservoirs established for public water supply and ten (10) meters away from the embankment of rivers and of any public or private works and structures, unless the prior clearance of the agency or owner concerned is obtained.;





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d) The removal or taking of materials under the Permit shall be confined within the area specified therein, the boundaries of which, according to the application are established on the ground with prominent marks.;

e) Dirt and/or traces of sand or gravel introduced into city streets by the quarrying operation shall be cleaned up immediately by the Permittee.;

f) The Permittee or his agent or representative shall post a copy of the Permit at the place of removal or taking of materials and made available at all times for inspection or examination by the Mayor or his authorized representative, the City Treasurer, or other responsible government authorities.;

g) The Permittee or his agent or representative shall post a copy of the Permit on all hauling vehicles and equipment and made available at all times for inspection or examination by the Mayor or his authorized representative, the City Treasurer, or other responsible government authorities.;

h) The City Treasurer’s office shall issue the corresponding official receipt that shall at all times accompany the Permit.;

i) Truck drivers and haulers of sand and gravel materials who fail to present the required official receipt upon demand shall pay a penalty of Five Hundred (P500.00) Pesos per truck load of the materials being transported. Failure to pay the penalty shall be a cause for the impounding of materials and vehicles by the city to be released only upon payment of the required amount to the City Treasurer.;

j) All hauling trucks shall be required to secure a gravel and sand sticker to be issued by the City Treasurer’s Office or the Business Permit Section to be placed permanently on the windshield of the vehicle used for quarrying and transportation of sand, gravel and other quarry resources.;

k) Gravel and sand trucks traversing the roads of Olongapo City who claim that the source of their cargo (quarry material) is outside the territorial jurisdiction of Olongapo City must, upon inspection by the City Mayor or his duly authorized representative, be able to present valid documents such as quarry permits and official receipts issued by duly constituted authorities. Failure to present required documents will subject the truck and cargo in question to the applicable provisions of this Ordinance. Such hauling vehicles are still required to obtain a gravel and sand permit from the City of Olongapo especially if the final destination of their cargo is within the territorial jurisdiction of Olongapo City.;

l) Non-payment by quarry operators of the required administrative and regulatory fees mentioned herein and those whose trucks and haulers are without the gravel and sand stickers shall be impounded, and will be released only upon the full payment of the fee, the price of sticker, and penalty of P500.00 per truck.;


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SECTION 9. SURVEY PLAN. All applications under this Ordinance shall be accompanied by a survey plan duly prepared, signed and sealed by a licensed Geodetic Engineer. Such plan shall contain general information including technical description, reference points, location map and operational plan which shall contain a rehabilitation of the area applied for when necessary.

SECTION 10. LIABILITY FOR DAMAGES AND REHABILITATION OF EXCAVATED AREAS IN PUBLIC AND PRIVATE LANDS. The Permittee shall assume full responsibility and shall be liable for damages to private or public property
that may be caused by his extraction or operation under the permit; furthermore, by reason of the operation thereof, it shall be the Permittee’s responsibility to rehabilitate the excavated area to a condition suitable for other economic activities. Provided, that to guarantee faithful compliance with the said obligation, a surety bond, acceptable to the
Mayor or the City Treasurer, in the amount of Twenty-five Thousand (P25, 000.00) Pesos per hectare or fraction thereof shall be posted by the applicant before the grant of the permit.

SECTION 11. RECORDS AND INSPECTION. The Permittee shall keep a book of accounts in which shall be entered everyday the quantity and kind of materials removed, the fees paid thereon, their selling prices, the names and addresses of the persons or entity to whom the same have been sold or disposed of and other transactions relative to the business. Said book shall at all times be available for inspection by the duly authorized representative of the Mayor and the City Treasurer.

SECTION 12. ASSIGNMENT AND TRANSFER. The permit issued by the City Mayor is non-transferable.

SECTION 13. PERIODIC INSPECTION BY GOVERNMENT OFFICIALS. All operations under this Ordinance shall be subject to periodic inspection by the duly authorized representative of the Mayor, the City Treasurer and other responsible government authorities. On-going operations must comply with the following minimum requirements:

a) That the operation is confined within the permit area;

b) That the materials removed are in accordance with the terms and conditions of the permit;

c) That the aesthetic and ecological value in the permit area is not seriously damaged;

d) That the operation does not threaten the ground stability of any public/private structure;

e) That the quarrying operation does not cause dirt in the city streets, otherwise, cleanup will be charged to the surety bond posted by the Permittee; and





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f) That the intended destination of quarried or dredged material is strictly followed.

A Quarrying Monitoring Officer shall be appointed by the City Mayor to ensure proper recording of extracted/hauled material and the operator’s compliance to the provision of this Ordinance. Copy of the records made by the Monitoring Officer must be submitted daily to the City Mayor and the City Treasurer for proper accounting. The Monitoring Officer will also be tasked to ensure that required moisture content of newly built embankment is maintained at safe level.

SECTION 14. PRIORITY IN REGISTRATION. In cases of conflict involving areas in public domain, the application first registered and accompanied by standard requirements shall be entertained and given priority in granting the permit, subject to the requirement or unless public interest requires otherwise.

ARTICLE III

COMMERCIAL PERMIT

SECTION 15. COMMERCIAL PERMIT. A commercial permit shall be issued to dispose of sand, gravel, and other loose or unconsolidated materials, which are taken in their natural or original state without undergoing processing. The Permittee shall be entitled to extract and remove the materials covered by the permit to the exclusion of others unless public interest required otherwise.

SECTION 16. LIMITATIONS. Only one (1) permit shall be granted to an applicant.

ARTICLE IV

INDUSTRIAL PERMIT

SECTION 17. INDUSTRIAL PERMIT. An industrial permit covering an area of not less than one (1) hectare but not more than five (5) hectares shall be issued for the removal of sand, gravel, boulders and other loose or unconsolidated materials that necessitates the use of mechanical processing.

SECTION 18. CONDITIONS PRECEDENT. No person or company shall be allowed to start operation until after the processing machineries such as, but not limited to: crushing equipment, loaders, dozers, dredgers, back hoes, dump trucks, barges and the likes shall have been presented by the Permittee; provided further, that failure of the Permittee to present the required processing equipment within six (6) months from the grant of the permit may cause the revocation of the permit.

Quarry operators, concessionaires and contractors after securing a Mayor’s Permit must pay the City Treasurer at least fifty (50%) percent in advance corresponding to the volume of materials to be extracted/excavated.

SECTION 19. REQUIREMENTS. The application for industrial permit shall be supported by the following documents:



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a) Plan of the area duly surveyed by transit and tape by the Geodetic Engineer;

b) Clearances from the government agencies concerned that may be affected by the operation or written permission from the owner of the area applied for; and

c) Project study prepared, signed and sealed by a registered engineer stating among others, the nature and kind of materials applied for, production rate, equipment and machineries to be used, estimated volume of the deposit, financing scheme, marketing, technical personnel, operational and rehabilitation plans and the economic feasibility of the proposed operations.


ARTICLE V

PENAL CLAUSE

SECTION 20. UNLAWFUL ACTS. The following shall constitute unlawful acts under this Ordinance, to wit:

a) Any extraction and removal or sale of sand and gravel and other loose unconsolidated materials from its source without a permit duly issued.;
b) Any extraction and removal or sale of sand and gravel materials outside the permit area.;
c) Diverting materials acquired using a gratuitous permit to a commercial or financially profitable purpose.

All persons responsible for committing any of the foregoing acts shall be prosecuted for the violation of this Ordinance and penalized in accordance with the succeeding section.

SECTION 21. PENALTY. Commission of any of the unlawful acts referred to in this Ordinance shall subject the offender to the penalties provided for under the provisions of the law of the land such as but not limited to:

a) Republic Act No. 7076 or the "People's Small-Scale Mining Act of 1991";

b) Republic Act No. 7942 or the "Philippine Mining Act of 1995."
AN ACT INSTITUTING A NEW SYSTEM OF MINERAL RESOURCES EXPLORATION, DEVELOPMENT, UTILIZATION, AND CONSERVATION.;

c) Act No. 3815 or The Revised Penal Code of the Philippines.



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ARTICLE VI

MISCELLANEOUS PROVISIONS


SECTION 22. RECOGNITION OF EXISTING MINING RIGHTS. All existing and valid mining claims, if any, perfected and non- perfected, registered under the provisions of Commonwealth Act No. 157, as amended, Presidential Decree No. 463, as amended, and the other laws relating to mining shall be recognized and the rights acquired there under respected.

SECTION 23. PREFERENTIAL RIGHT. Owners/ lessees of private land shall have the preferential right to extract and remove sand and gravel materials that may be found in their land. Lands with imperfect titles shall be recognized if supported by up-to-date payment of realty taxes. Provided that, any extraction of sand and gravel and other earth materials for commercial purposes shall be subjected to provisions of this Ordinance and the terms and conditions set forth herein.

SECTION 24. FAILURE TO KEEP BOOK OF ACCOUNTS. Failure of the Permittee, as required in this Ordinance, to keep book of accounts as related to the materials removed and disposed of, shall be sufficient ground for the suspension or revocation of the permit and payments made by the Permittee shall be forfeited in favor of the City Government.

SECTION 25. PREFERED USE OF SPOILED MATERIALS. Where appropriate, dredged materials shall be used in the following manner:

a) Dredged materials not appropriate for use in the construction of the river system's embankment and dredged materials in excess of the required material to construct the river system’s embankment shall be used as topsoil of the city's landfill in Tagumpay Street, Purok 4, Barangay New Cabalan, Olongapo City.

b) Establish embankment or repair eroded/damaged embankment of the city's river systems. The embankment shall be at least five (5) meters wide or spacious enough for a utility vehicle to traverse. The height of the embankment shall normally be equal to the existing height of the riverbank. In cases where the existing riverbank is below sea level or when the location is a flood prone area, like Purok 1 of Barangay Sta. Rita and Mactan of Barangay Old Cabalan, this city, the embankment will be built higher than existing height of riverbank in order to protect low lying areas from onslaught of floodwater.

b.1 RULES ON THE USE OF EMBANKMENT

b.1.1 Completed sections of the embankment are to be given name by the Sangguniang Panlungsod through a resolution or an ordinance. Each section of the river will be offered for adoption

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using the KBG ‘log-ko-‘to! (Kalikasan Buhayin at Gandahan Ilog ko Ito) program to Non-Government Organization (NGO) who will volunteer to be responsible for the river’s upkeep. The name of the organization (Lions, Rotary, Jaycees, BSP, GSP, BLOOM, etc.) who adopted that section of the river will be the designated name of that particular embankment. Officially designated names are to be appropriately placed on entrance of each embankment.;

b.1.2 Embankments are to be declared one-way streets with the flow of traffic the same as the natural flow of the river. Provided that in areas where there is no secondary road like in Barangay Kalaklan of this City (from INC to Kalaklan SBMA Exit Bridge or we can build it longer from Mabayuan Bridge up to Parola,) the embankment will be built wide enough for two tricycles to traverse in opposite direction.,

b.1.3 No obstructing structure (permanent or temporary, including stores, carenderias, basketball courts and the likes) will be allowed in any part of the embankment.;

b.1.4 No vehicle (three wheeled and above, or even motorbike if it obstruct traffic) will be allowed to park in any part of the embankment. Parked vehicles will be immediately towed to the impounding area and the owner to be charged with appropriate penalties. Only duly authorized utility vehicles such as garbage collection trucks, road repair service trucks, water sprinkling tankers and the likes will be allowed but only during the times when an on-going operation is taking place.;

b.1.5 Right of way to the embankment are to be kept open to traffic at all times. Provided that during heavy downpour on a monsoon season, and upon discretion by competent authorities, access to embankments may be restricted to ensure the public’s safety.;

b.1.6 Embankments which were found to have positive impact on the city’s economy and general well-being will be recommended for funding in order to make it stronger and permanent by building riprap and concreting the same.

SECTION 26. REPEALING CLAUSE/ PROVISIONS. All ordinances, resolutions, executive orders and other issuances related to quarrying, dredging or de-silting which are inconsistent with this Ordinance are hereby repealed and rendered unenforceable.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Sangguniang Panlungsod hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section,
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subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.


ARTICLE VII

SECTION 27. EFFECTIVITY. This Ordinance shall take effect upon approval by the Sangguniang Panlungsod; and after

a) copies thereof shall have been posted at conspicuous places in the city for three (3) consecutive weeks;

b) copies thereof shall have been distributed (at least one copy each) to all the seventeen (17) barangays of the city; and

c) certified true copies thereof shall have been published in full in a local newspaper.

Provided further that the City Council Secretary would have accomplished a duly Notarized Affidavit of Posting, Distribution and Publication that will form part of this Ordinance with the format prescribed herein.

APPROVED UNANIMOUSLY, July 27, 2005.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor
(Absent)

BELLA P. ASUNCION MAREY BETH D. MARZAN
City Councilor City Councilor


ANGELINA B. ANDRADA BRIAN PATRICK H. GORDON
City Councilor City Councilor


ANSELMO A. AQUINO EDWIN J. PIANO
City Councilor City Councilor


GINA G. PEREZ NAPOLEON F. CAPISTRANO
City Councilor President, Liga ng mga Barangay


ROBINE ROSE C. BUENAFE
SK Federation President



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ATTEST:

ELFLIDA S. SALMON
Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.


JAMES GORDON, JR.
City Mayor

ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor





































AFFIDAVIT OF POSTING, DISTRIBUTION AND PUBLICATION

The City Council Secretary, ELFLIDA S. SALMON, being first duly sworn, deposes and says:

That she is the duly appointed and qualified Sangguniang Panlungsod Secretary of the City of Olongapo;

That in compliance with provisions of ORDINANCE NO. 45, 2005, being:

AN ORDINANCE PRESCRIBING FEES FOR QUARRYING OPERATIONS
AND RELATED ACTIVITIES THERETO

On the _________________________, certified true copies of this ordinance was published in full in the Local Newspaper: ______________ and posted in full in the internet with the following permanent link:

http://subicbay.ph/Olongapo/Quarry_Ordinance.pdf;

And was, in compliance with provisions of this ordinance and other pertinent provisions of applicable laws, from the ______________________________________, caused to be posted for at least three weeks in three conspicuous places in the City of Olongapo, to wit:

Olongapo City Hall
Olongapo Public Market
Olongapo City Mall

And on the ______ of ______________ 2005, caused to be distributed (at least one copy each) to all the seventeen (17) barangays of the City of Olongapo. The distribution list, attached herewith, duly acknowledged and signed by responsible barangay officers.



ELFLIDA S. SALMON


REPUBLIC OF THE PHILIPPINES )
CITY OF OLONGAPO ) S.S.

BEFORE ME this _______ day of August, 2005 at Olongapo City, personally appeared ELFLIDA S. SALMON with her Res. Cert No. __________ issued on __________, 2005 at Olongapo City, known to me and to me known to be the same person who executed the foregoing instrument and acknowledged to me that the same is her free act and voluntary deed.

WITNESS MY HAND AND NOTARIAL SEAL.

Doc. No. _______.
Book No. _______.
Page No. _______.
Series of 2005.