Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON JULY 18, 2007 AT THE CITY HALL

Present:

Hon. Cynthia G. Cajudo- City Vice-Mayor & Presiding Officer

Hon. Gina G. Perez - - - - City Councilor

Hon. John Carlos G. Delos Reyes- -- “ “

Hon. Rodel S. Cerezo- - - “ “

Hon. Marey Beth D. Marzan - - “ “

Hon. Sarah Lugerna Lipumano–Garcia - “ “

Hon. Edwin J. Piano- - - “ “

Hon. Angelito W. Baloy - - - “ “

Hon. Aquilino Y. Cortez, Jr.- - - “ “

Hon. Anselmo A. Aquino- - “ “

Hon. Elena C. Dabu - - “ “

Hon. Carlito A. Baloy- - - President, Liga ng mga Barangay

Hon. Robine Rose C. Buenafe - - SK Federation President

Absent:

None.

Call to Order

The City Vice-Mayor and Presiding Officer Cynthia G. Cajudo called the session to order at 4:27 in the afternoon.

Roll Call

With all the Members and the Presiding Officer present, a quorum was declared.

Reading and Adoption of Minutes

The Presiding Officer asked Councilor Cerezo if he was ready to make the motion for the adoption of the minutes of the previous Regular Session dated June 27, 2007. The Councilor requested more time to read the said minutes thus, a recess for five minutes was declared.

Councilor Cerezo explained that since he was not a member of the previous administration, he would inhibit in favor of Councilor Piano for the adoption of the Minutes.

Before the votation for the adoption, the Presiding Officer said that only those present during the previous session may vote. On motion of Councilor Edwin Piano, the body adopted the minutes of the previous Regular Session dated June 27, 2007.

Reading and Approval of the Day’s Agenda

Councilor Marey Beth Marzan read the items for first, second and third reading, to wit:

First Reading:

1. Draft Resolution No. 2007 – R-19 – A Resolution Approving The Annual Budget Of Barangay New Ilalim, City Of Olongapo For The Calendar Year 2007. Sponsored By Councilor Edwin J. Piano

2. Draft Resolution No. 2007 – R-20 – A Resolution Approving The Annual Budget Of Barangay East Tapinac, City Of Olongapo For The Calendar Year 2007. Sponsored By Councilor Edwin J. Piano

3. Draft Ordinance No. 2007 – O-02 – An Ordinance Withdrawing Portions (As Described In The Attached Site Development Plan) Of The Left And Right Wing Side Of The Volunteers Park From Public Use And Declaring Them As Patrimonial Property Of The City. Sponsored By Councilors Marey Beth D. Marzan And Angelito Baloy

4. Draft Ordinance No. 2007 – O-03 – An Ordinance Appropriating The Amount Of Thirty Nine Thousand Five Hundred Pesos (Php39,500.00 ) To The Item Other Machineries And Equipment Under The Capital Outlay Of Olongapo City Convention Center From The Special Account – Olongapo City Convention Center. Sponsored By Councilor Marey Beth D. Marzan

5. Draft Ordinance No. 2007 – O-04 – An Ordinance Adopting The 2007-2009 Early Childhood Care Development (ECCD) Investment Plan And Providing Funds Thereof. Sponsored By Councilor Marey Beth D. Marzan

6. Draft Resolution No. 2007 – R-21 – A Resolution Authorizing The City Mayor To Open A Special Account In The Designated Government Bank For The Purpose Of The ECCD Expansion Program. Sponsored By Councilor Marey Beth D. Marzan

7. Draft Resolution No. 2007 – R-22 – A Resolution Ratifyng The Memorandum Of Understanding (MOU) Entered Into By City Mayor James Gordon, Jr. For And In Behalf Of The City Government Of Olongapo And Subic Bay Metropolitan Authority (SBMA), Represented By Its Administrator And CEO Armand Arreza For The Sibit-Sibit Festival 2007. Sponsored By Councilor Gina G. Perez

8. Draft Resolution No. 2007 – R-23 – A Resolution Endorsing Councilor Rodel S. Cerezo, To Represent The Sangguniang Panlungsod To The People`S Law Enforcement Board (PLEB). Sponsored By Councilor Anselmo A. Aquino.

Second Reading

1. Draft Resolution No. 2007 – R-13 - A Resolution Approving The Annual Budget Of Barangay East Bajac-Bajac, City Of Olongapo For The Calendar Year 2007. Sponsored By Councilor Edwin J. Piano

2. Draft Resolution No. 2007 – R-14 – A Resolution Ratifying The Memorandum Of Agreement Entered Into By And Between The City Government Of Olongapo Represented By Mayor James Gordon Jr. With Jimec Global Holdings, Inc. Represented By Its President Arabella F. Ulaye Regarding The (PTC2S-Public Transport Color Coded Scheme, PATS-Public Assistance Tracking System, VMS-Volunteer Management System). Sponsored By Councilor Edwin Piano

3. Draft Resolution No. 2007 – R-16 – A Resolution Denouncing The High-Handed And Supercilious Acts Of The Criminal Investigation And Detection Group (CIDG) Operating In The City Of Olongapo Headed By P/Supt Richie Medrado. Sponsored By The Majority Party

4. Draft Resolution No. 2007 – R-17 – A Resolution Commending Outgoing Councilor Noel Y. Atienza For His Invaluable Contributions As City Councilor Of Olongapo. Sponsored By Councilors John Carlos G. Delos Reyes And Sarah Lugerna Lipumano-Garcia

5. Draft Resolution No. 2007 – R-18 – A Resolution Commending Outgoing Honorable Rolen C. Paulino For His Invaluable Contributions As Vice-Mayor And Presiding Officer Of The City Of Olongapo. Sponsored By Councilors John Carlos G. Delos Reyes And Sarah Lugerna Lipumano-Garcia

6. Draft Resolution No. 2007 – R-08 - A Resolution Authorizing The Experimental Re-Routing Of Public Utility Jeepneys Particularly PUJ-J-10 (Tabacuhan Yellow With Blue) And PUJ-J-04 (Mabayuan Green). Sponsored By Councilor John Carlos G. Delos Reyes

7. Draft Resolution No. 2007 – R-09 – A Resolution Ratifying The Memorandum Of Agreement Between The City Government Of Olongapo Represented By The City Mayor James Gordon, Jr. And Philippine Forest Corporation Represented By Its President Noel I. Lozada, Jr. Sponsored By The Majority Party

8. Draft Resolution No. 2007 – R-10 – A Resolution Approving The Unified Land Information System Project Design Document And Endorsing To The Innovation Support Fund (ISF) For Final Approval The Said Project Design Document. Sponsored By Councilor Edwin J. Piano

9. Draft Resolution No. 2007 – R-11 – A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Agreement For And In Behalf Of The City Government Of Olongapo And Department Of Public Works And Highways Represented By Marcelina N. Ocampo, Asst. Regional Director For Maintenance Operations. Sponsored By Councilor Anselmo A. Aquino

10. Draft Ordinance No. 2007 – O-01 - An Ordinance Appropriating The Amount Fourteen Million Pesos (Php14,000,000.00) As The City’s Counterpart Fund For The Olongapo City Unified Land Information System Project. Sponsored By Councilor Edwin J. Piano

Third Reading

1. Draft Resolution No. 2007 – R-07 – A Resolution Urging The City Health Office Headed By Dr. Arnildo Tamayo And James L. Gordon Memorial Hospital Headed By Dr. Arturo Mendoza To Embark On An Aggressive And Sustainable Campaign To Promote Breast Feeding As A Means To Combat Urban Poverty In The City. Sponsored by Councilor John Carlos G. Delos Reyes

Councilor Marzan made a motion for the approval of the Day’s Agenda. Prior to the approval, Councilor John Carlos G. delos Reyes moved for the removal of the item on third reading, Draft Resolution No. 2007-R-07, since he said, it was already approved on second reading the previous session.

The Presiding Officer said that the item was placed on third reading for the approval of the title. Councilor delos Reyes explained that for Resolution , only two (2) readings were needed for its approval. Thus, he reiterated his motion, unless they seek another opinion. There being no objections, the item on third reading was removed from the Day’s Agenda.

Councilor Jong Cortez noted for correction the appropriation of Fourteen Million Pesos on Draft Ordinance No. 2007-O-01. He said that as he recalled, the agreed appropriation was Seven Million Pesos (PhP7,000,000.00) but on the Day’s Agenda it was still PhP14,000,000.00. The Presiding Officer then called on the attention of the Secretariat to take note of the necessary correction which is the amount of Seven Million instead of Fourteen Million. She mentioned this for the record.

Councilor Elmo Aquino also noted for correction Draft Resolution No. 2007-R-11, which he said he mentioned the previous session to be co-sponsored by Councilor JC delos Reyes.

There being no other observations, the body approved the Day’s Agenda as amended.

Communications and Referrals of Business

Communications Read:

1. Memorandum from Mr. Oscar DG. Agustin, City Assessor, addressed to the City Mayor regarding the Accomplishment Report on Assessment. An increase in the revenue resource was noted this year, in the amount of PhP358,308.09, which came from the difference between this year’s PhP7,516,258.02 and the PhP6,157,949.93 for CY 2006. (For information and guidance of everyone)

2. Memorandum from Brgy. Capt. Rolando B. Apalit of Barangay New Asinan, addressed to Hon. City Mayor James Gordon, Jr. seeking for approval of putting up a Mini-Fair in their barangay for additional income. The proceeds of this is intended for the concreting of benches and fencing of the Asinan Covered Court. (Referred to the Committee on Business and Laws)

3. Memorandum from Ireneo N. Cornelio, Officer-in-Charge of Market and Slaughterhouse, regarding their statement of income for the month of June 2007. The income of Olongapo City Public Market increased of PhP74,915.16; for James L. Gordon Avenue Market and Mall decreased of PhP20,075.00 and for City Abattoir decreased of PhP8,558.00. (Referred to the Committee on Markets and Slaughterhouse and to the Committee on Ways and Means)

4. Annual Budget of Barangay East Tapinac for CY 2007. (Referred to the Committee on Ways and Means for review)

5. Letter from Atty. Jomar Liwag Gaza of the Subic Water Regulatory Board addressed to Mr. Samuel L. Matias, 2BIG CO., Chairman, TUBIG-Leader, in connection with the latter’s letter dated July 6, 2007. Atty. Gaza countered that the allegations written by Mr. Matias regarding the conduct of Public Hearings by the Subic Bay Water Regulatory Board were without basis. He further wrote that the other queries and concerns contained in the same letter will be addressed and answered separately. (For information and guidance of everyone. Copy to be furnished to the Committee on Public Utilities)

6. Annual Budget of Brgy New Kababae for CY 2007 (Referred to the Committee on Ways and Means for review)

7. Complaint affidavit of Rodel E. Pedrosa, affiant, against Brgy. Kagawad Reynaldo Guingco of Brgy New Cabalan for Grave Abuse of Authority, Grave Misconduct and Oppression.

The Presiding Officer asked if it was the first time the said communication was received and if it was an additional information. The Council Secretary affirmed. (To be referred to the proper body)

8. Kasagutang salaysay of Reynaldo Guingco (To be referred to the proper body)

9. Annual Budget of Brgy. New Asinan for CY 2007. (Referred to the Committee on Ways and Means)

10. Letter from Cynthia Sueldo-Gavile, President and CEO of Vital C Health Product, Inc. (Product presented was conducted just before the session)

The Presiding Officer mentioned that the Council was honored by their presence. Sample products were distributed to everybody.

11. Memorandum from Mauro M. Turalba addressed to the Members of the City Council regarding Adm. Case No. 31 (11-17-06) requesting to resolve the case the earliest possible time. Attention was addressed to the Chairman of the Committee on Human Rights. (Referred to the Committee on Laws, Complaints and Investigations)

12. Resolution No. 10, Series of 2007 of Brgy New Cabalan, entitled, “A Resolution Approving The Withdrawal of Php9,950.00 For The Minor Repair Of The Barangay Hall Of New Cabalan”. (Referred to Councilor Marey Beth Marzan for review)

13. Resolution No. 11, Series of 2007 of Brgy. New Cabalan, entitled, “A Resolution Authorizing the Withdrawal of Php9,950.00 For The Installation Of Side Gutter Along Mariwasa Street At Purok 4, New Cabalan”. (Referred to Councilors Marey Beth Marzan and Carlito Baloy)

14. Resolution No. 12, Series of 2007 of Brgy New Cabalan, entitled, “A Resolution Approving & Adopting The Malacanang Executive Order No. 611 Regarding Compensation Adjustment to Government Personnel. (Referred to Councilors Marey Beth Marzan and Carlito Baloy for review)

15. Resolution No. 15, Series of 2007 of Brgy. New Cabalan, entitled, “A Resolution Approving The Withdrawal of PhP27,500.00 For The Purchase Of One Computer Set For The Office Of The Barangay Treasurer. (Referred to Councilors Marey Beth Marzan and Carlito Baloy)

16. Solicitation letter from Mr. Noli A. Gomez, trainor and Coach at OCNHS addressed to the City Vice-Mayor, Hon. Cynthia Cajudo, regarding the 15th National Chess Championship Tournament.

The Presiding Officer consulted if the body will agree with the PhP1,000.00 to be taken from the Sangguniang Panlungsod fund for this matter.

17. Minutes of the Regular Meeting for the Sangguniang Barangay Officials (SBO) of Barangay West Tapinac, Olongapo City held on June 28, 2007. (For the information and guidance of everyone and for review by Councilors Marey Beth Marzan and Carlito Baloy)

18. Notice of the public hearing regarding the Minimum Wage Adjustment in Region III scheduled on August 6, 2007 at Partyland Restaurant McArthur Highway, San Fernando, Pampanga from 1:00 p.m. – 3:00 p.m. This was issued by Nathaniel V. Lacambra, Chairman of the Regional Tripartite Wage and Productivity Board, Region III, Central Luzon, Department of Labor and Employment, National Wages and Productivity Commission. (Referred to the Committee on Labor)

19. Letter from Mr. Faustino Almeda, a concerned Senior Citizen, addressed to the City Mayor regarding his request to transfer the Pedestrian Lane at the Ulo ng Apo. (Referred to the Committee on Traffic Management and Committee on Education for study and recommendations)

20. Copy of the letter from Acting Punong Barangay Santiago L. Columbrites of Brgy New Cabalan, informing the Office of DILG Director Eliseo de Guzman regarding the non performance of some of the Purok Leaders, Barangay Tanods, Office Staff and Personnel despite several memorandums issued to them. It was also written in the request that some refused to sign receipt of the memorandum and those who were informed did not attend the meeting. (Referred to the Committee on Barangay Affairs for their information and proper handling of the matter)

Committee Reports

Councilor Marzan moved for the Suspension of the Rule to give way to the presentation of the Resolution to the bereaved family of the former DepEd Education Supervisor Dr. Felicisimo Gonzales. The body approved the motion. Thus, a recess was declared.

On the resumption of the session, Councilor Elena Dabu apprised the body regarding several matters concerning the Committee on Markets and Slaughterhouse. First, she recounted that the public market is the center of commerce in the locality, a point of convergence frequented by foreigners. Embodied in RA 7394, otherwise known as the Consumer Act of the Philippines, were the following:

a. To rationalize and coordinate the functions of consumer protection agencies;

b. To monitor and evaluate implementation of consumers’ programs and projects;

c. To undertake a continuing program on consumer education and information campaign.

The Councilor said that as the Co-Chairman of the Olongapo City Local Price-Coordinating Council, she, together with all the Members concerned conducted an ocular inspection of the three public markets in the city, namely: East Bajac-Bajac, Pag-asa and West Bajac-Bajac Public Markets. According to her, this was to provide protection to consumers by stabilizing the prices of basic and prime commodities and by prescribing measures against price increases. Among these measures were providing price tag on all items being sold, the proper labeling and packaging, and the accuracy of weighing scales.

Councilor Dabu added that the vision is to make a community where consumers can live comfortably, safely and responsively through adequate assistance from agencies like the Department of Trade and Industry (DTI).

In line with this, a seminar on “Planning and Assessment” was scheduled on July 25, 2007 from 8:00 am to 5:00 pm, to be participated in by all members of the Olongapo City Local Price Coordinating Council.

Councilor Dabu also reported to the body about the two letters received from the Olongapo City Public Market Stallholders Association concerning their grievances on Olongapo Vendors Association located at 20th, 21st and Barretto Streets. According to the Councilor, Section 27 of Ordinance No. 23, Series of 1993, which is the Market Code, provides that “no person shall peddle, hawk, sell, offer for sale, or expose for sale any articles in the passageways or aisles used by purchasers in the market”. Councilor Dabu added that to avoid unjust competition, peddlers and hawkers shall not be permitted to sell within a radius of 200 meters from where products/goods are displayed for sale in the stalls/booths of the market. Neither shall they be permitted to display or sell their merchandise on sidewalks or places intended for the market.

Thus, after a series of meetings with the Olongapo City Stallholder Association, together with the City Mayor and Councilor JC Delos Reyes, the following solutions for implementation were reached:

1. No duplication of items sold inside the market;

2. No extension;

3. There will be a moratorium;

4. Proper cleanliness and sanitation to be maintained by all vendors within the 20th, 21st and Barretto Streets.

The next committee report was from Councilor Gina Perez. The first item she discussed was regarding the suggestions she gathered for the Proposed Olongapo City Investment Code. She said that Mr. Johnny Choa of the City Budget Office suggested that for Chapter VIII, entitled “Appropriation”, a financial plan must be laid down which will consist of the projected revenues, if there will be any; and the proposed expenditures such as the Personnel Services, MOOE and Capital Outlay. In this manner, the appropriations for operations shall be clearly specified and computed so as not to hamper the continuity of the undertaking for the reason of lack of budget.

For the second item, the Councilor informed the body with what was discussed in the meeting with the officers of the Central Luzon Tourism Council and the Department of Tourism, Region III on July 17, 2007. These were:

a. The importance of tapping the travel and tours business, as the backbone of the tourism industry and as a source of business and employment . This was discussed by Mr. Eloy Pineda III, the Secretary General of the National Association of Independent Travel Agencies (NAITAS) and the Director for Operations of the Inter Island Travel and Tours.

b. The courtesy visits of Celtour Officer to Pampanga, Bulacan, Nueva Ecija, Tarlac City, Bataan, Zambales and Subic Bay Freeport Zone on August 2 and 3, 2007.

c. The letter of request to DOT III, through Director Tiutioco, for the proposed activities in celebration of the World Tourism Day on September 27, 2007.

For the third item, Councilor Perez reported her meeting with the Subic Bay Resorts Association (SUBRA) and with the Barretto Beach Boulevard Association (BBBA) together with Councilor Carlito Baloy on July 18, 2007. The following agenda were discussed:

a. SUBRA and BBBA are to organize the city’s summer events, particularly the Sibit-Sibit Festival.

b. BBBA is to utilize the Barretto Tourist Information Center together with SUBRA and the Barangay Barretto Committee on Tourism.

c. The Harley’s Hotel incident was the last topic discussed. Representative of the hotel explained their side and acknowledged their employees mistake. Their written explanation in response to the complaint shall be submitted to the City Tourism Office which will be forwarded to DOT Region III.

The fourth item was regarding the Personnel Committee. A team building activity for all employees of the City will be proposed to the City Mayor. It will be in coordination with the Personnel Office. It is the aim of the said activity to inculcate the sense of nationalism and public service. Knowledge on self-awareness, self-discovery, enhancement of attitude, knowledge, skills and values; and the real elements of nationalism in public service as a city government employee and the elements of a healthy organization shall be provided. The following topics shall also be discussed: human management; human behavior in the organization which includes the leader and the follower; the atmosphere of a healthy working environment like the concept of power, change, influence and habits; the atmosphere of trust, relationship crisis and commitment encounter; and the topic on work ethics, value and commitment in the organization.

Councilor Rodel Cerezo was recognized and he reported the five items which concerns his committee.

First item was the Creation of the Barangay Defensive System, as per Executive Order No. 546, to help the barangay in the maintenance of Peace and Order plan in their respective areas.

Second item pertained to the Barangay Defense System of Barangays Asinan and Old Cabalan which was inducted on July 14 and 16, 2007 respectively. The induction at Barangay Barretto was conducted with the help of Brgy Capt. Carlito Baloy and Maj. Segundo S. Metran, Jr. of the Philippine Army.

Third item was about the schedule of Oath-Taking of the other Barangay Defense System, as follows:

a. July 20, 2007 – For Barangay East Bajac-Bajac and Gordon Heights

b. July 21, 2007 – For Barangay West Bajac-Bajac

c. July 22, 2007 – For Barangay New Ilalim, West Tapinac, New Banicain, and New Kababae

d. July 27, 2007 – For Barangay Mabayuan

e. July 28, 2007 – For Barangay Old Cabalan

f. July 29, 2007 – For Barangay Kalalake

Fourth item was about the briefing of Barangay Kalaklan about Barangay Defense Plan on July 22, 2007.

Fifth item was the scheduled meeting with Mr. Ruben C. delos Santos about the People’s Law Enforcement Board (PLEB) at the FMA Hall which will include the orientation and information about PLEB.

Councilor Gie Baloy rendered a committee report on Business and Economic Enterprises. He informed that in the monthly meeting with the Department of Trade and Industry held on July 17, 2007 which was attended by various government agencies and business groups, the following matters were discussed:

1. Update on the Small Medium Enterprises Week Celebration with the theme “Ang Galing ng Pinoy! Go Negosyo!”, wherein assistance was requested for the promotion of their ongoing exhibit at the Olongapo City Mall.

2. The Land Bank of the Philippines shall conduct a Financing Forum together with the Small & Medium Enterprises Development Council of Zambales and their members at the DTI in Olongapo City, scheduled on July 19, 2007.

3. The Department of Science and Technology or the DOST shall conduct a “Fruit Processing Seminar” to be held tentatively at the West Bajac-Bajac covered court, scheduled on July 28 and 29, 2007.

4. The 2nd Year Anniversary of “Gawang Gapo” was scheduled to be exhibited from August 17 to September 2, 2007 at the Olongapo City Mall.

5. The One-Town, One Product or OTOP Island Fair shall be held at the Megamall Trade Center, Hall 1 from August 8-12, 2007.

6. On October 3-7, 2007, benchmarking for the Likhang Central Luzon shall be established. All concerned parties were also advised to await further announcements regarding the said event.

7. The annual Mardi-Gras shall be tentatively organized and celebrated on October 25-28, 2007.

8. The City of Olongapo shall play sponsor for the annual National Ad Congress on November 21-24, 2007.

There were also few concerns addressed by the parties present during the meeting:

1. Maintenance of Peace and Order. Numerous incidents of petty crimes (i.e, snatching of wallets and mobile phones in RM Drive) were reported in areas of business and it was suggested that police visibility be heightened. The addition of light posts was also recommended.

2. Cleanliness and Sanitation. In preparation for the forthcoming National Ad Congress, it was suggested that an inspection on cleanliness and sanitation be done, especially in RM Drive and other tourist spots within the city.

Councilor Jong Cortez, for the Committee on Traffic, reported the traffic re-routing scheme at Wesley. This is the use of 9th Street as a temporary waiting area of those who bring and fetch the school children. The Councilor added that Wesley School Director, Dr. Tangiday, expressed her interest and gave her support. She, likewise enjoined all parents. The JO-1 operators also expressed their support.

For the next report, Councilor Cortez commented that on July 16, clearing of parking on one side of RM Drive from McDonalds’ restaurant up to Casino Filipino was done to give way to a commercial shoot/movie shoot. There was, however, no notice given to the establishments in that area. With this, the Councilor requested the Traffic Management Board to inform the Committees on Traffic, Business and Tourism and the Mayor’s Office on incidents like this.

Lastly, Councilor Cortez mentioned that there were existing ordinances under traffic matters which were not enforced. One is the “No Smoking Ordinance” which the riding public has to know.

Councilor Marey Beth Marzan gave two committee reports. First, she informed the body the result of her review of the Barangay Resolution of New Cabalan authorizing the Barangay Treasurer to withdraw the amount of PhP29,350.00. The said resolution, after review, was found to be in conformity with the prescribed rules, powers, duties and functions of a Sangguniang Barangay, and subject to the following guidelines: the disbursement is properly appropriated and within the barangay budget; there is available cash for the said purpose; and it shall be subjected to the usual government auditing and accounting rules and regulations. The Councilor then recommended the resolution to be filed for first reading to be certified as within the prescribed powers, duties and functions of the Sangguniang Barangay.

Second, Councilor Marzan apprised the body of the current status of the schools from the results of the National Achievement Test in English, Science and Math. She explained that last year, an ordinance was passed giving incentives to schools that will top the National Achievement Test in English, Science and Math. This was to address the problem on the decline of the quality of education in the city’s public schools. According to the Councilor, the rate we garnered for Math in 2004 was 47.56; in 2005 it was 37.97 and continuously decreased, for this year it became 59.75. For English, last year’s rate was 43.94 and 60.16 this year. For Science, we had 35.11 last year and 55.96 this year. So, the government’s incentive program helped uplift the quality of education.

The Councilor added that, in the list of the top ten schools for the elementary level were: Sta. Rita Elementary School got the first, followed by Gordon Heights I; then third is Nellie Brown; fourth is James L. Gordon Integrated School; fifth is Bangal; sixth is Tabacuhan; seventh is New Cabalan, eighth is SPED-G, ninth is Amelia Heights and tenth is Old Cabalan. Also included in the report submitted to the Councilor were the names of the students for each section who topped in English, Math, Science and the top five for each subject.

The Presiding Officer asked the Councilor if the top schools mentioned were already able to avail their incentives. Councilor Marzan replied that she conferred with the City Mayor regarding the release of the funds. The Two Hundred Fifty Thousand Pesos worth of school projects will definitely be given after funds are checked at the Treasury and Local Finance. Tabacuhan will get PhP250,000.00 worth, while Sta. Rita topping two subject areas will get PhP500,000.00 worth of school projects. The Councilor also remarked that if all the schools would know that the city is really sincere in helping through the incentive program, then perhaps more would be encouraged to support.

Councilor Carlito Baloy informed the body that he received a letter from Hon. Efren dela Cruz, the Regional Director of Liga ng mga Baragany regarding their scheduled meeting on July 22 and 23, 2007 at Stotsenberge Hotel in Clark, Special Economic Zone. The agenda included: Liga Updates, Liga Calendar of Activities and other matters.

Councilor Edwin Piano, on the other had, also informed the body that all the Members of the Council were invited to witness the inauguration of the new container terminal with the completion of the Subic Port Modernization Project. He added that no less than the President will inaugurate this, being the flagship infrastructure project. So, he said, the Council van will leave the City Hall complex at 9:00a.m., for those who would want to avail the transportation.

Calendar of Business

Second Reading:

Before the first item on Second Reading was tackled, Councilor Piano first recognized the presence of the Brgy East Bajac-Bajac Officers led by Brgy. Capt. Louie Grospe, Brgy. Councilors Ablaza, Tablan, Guerrerro, and their Brgy. Secretary Johnny Fababier and their administrative Officer, Mr. Bugayong.

Councilor Piano then moved that the body to recognize Ms. Jackie Rodillas for the presentation of the Barangay Budget.

For the Barangay Budget Presentation, Ms. Rodillas discussed that the barangay has a total available resources of PhP6,914,424.00.

These were divided for the following expenditures:

Personnel Services PhP2,495,832.00

Maintenance & Operating Expenses 2,361,078.00

Non Office Expenditure

10% SK Fund 691,342.00

20% Development Fund 887,248.00

5% Calamity Fund 276,812.00

PhP1,855,402.00

Capital Outlay

Purchase of Equipment 50,000.00

Building and Infrastructure 50,000.00

PhP 100,000.00

Total Obligation PhP6,812,312.00

Unappropriated Balance left is PhP 102,112.00

Councilor Piano added that the Budget Officer, Mr. Johnny Choa, forwarded a letter recommending the approval of the said Brgy. East Bajac-Bajac Budget.

The Presiding Officer clarified that since the body is to deliberate the budget presented, it has no authority to approve or disapprove but only to review what was included and what was not in the budget.

The first inquiry came from Councilor Perez who asked if there were provisions for tourism program and for training of employees. Ms. Rodillas answered that they included PhP50,000.00 for the Tourism Development Promotion and another PhP50,000.00 from the 20% Development Fund for the training of employees.

Councilor Dabu, being part of the East Bajac-Bajac Brgy Council before, gave a suggestion regarding the 20% Development Fund. According to her, under the Social Reform Agenda, the Livelihood and Sanitation Program should be given priority.

Councilor Cerezo asked if there was an allotted budget for the Barangay’s Computer Learning Center since Brgy. East Bajac-Bajac already started their own center. Ms. Rodillas affirmed and it was included in the SK Fund.

Before the motion of Councilor Piano, a recess was declared at 5:43 p.m.

1. When the session resumed, Councilor Piano made his final motion to approve Draft Resolution No. 2007 R-13 - A Resolution Approving The Annual Budget Of Barangay East Bajac-Bajac, City Of Olongapo For The Calendar Year 2007. Prior to the votation, Councilor Marzan requested a copy of the resolution. Councilor Piano said he has his copy but as a rule, draft resolutions or ordinances were always attached and forwarded to the Office of the Presiding Officer before it can be placed in the agenda, thus he reiterated his motion. Councilor Marzan explained that she has no question regarding the passage of the Barangay Budget, but the reason for asking a copy is to check if the resolution they were to approve regarding budget conforms with the provisions of existing rules and regulations, and this should at least be stated in the draft even if not stated in the title.

Councilor Dabu supported the observation of Councilor Marzan and said that she also did not receive a copy of the draft resolution. She added that copies of draft resolutions should be given to all City Councilors every session.

The Presiding Officer asked if the distribution of the copy would be by the proponent or the Committee on Rules. Councilor Marzan said that usually, it is by the Office of the Presiding Officer. This was seconded by Councilor Piano. So, the Presiding Officer asked Mr. Dedicatoria if her office has a copy and if a copy was given to the Secretariat or to the others. Mr. Dedicatoria replied that the office of the Presiding Officer has a copy but he did not give the Secretariat nor the others.

A recess was declared at 5:55 p.m.

Session resumed at 6:12 p.m.

Draft Resolution 2007 – R-13 was approved unanimously on its first, second and final readings upon the final motion of Councilor Edwin Piano.

2. Prior to the final motion on Draft Resolution No. 2007 – R-14 – “A Resolution Ratifying The Memorandum Of Agreement Entered Into By And Between The City Government Of Olongapo Represented By Mayor James Gordon, Jr. With JIMEC Global Holdings, Inc. Represented By Its President Arabella F. Ulaye Regarding The (PTC2S-Public Transport Color Coded Scheme, PATS-Public Assistance Tracking System, VMS-Volunteer Management System),” Councilor John Carlos G. delos Reyes made a query regarding the status of the said contract.

Councilor Piano discussed that at present, JIMEC was coordinating closely with the Franchising Office for the Public Transport Color Coded Scheme. For this to be fully operational, JIMEC requested whole access and transfer of data. On the Public Assistance Tracking System and Volunteer Management System, according to Councilor Piano, the software is ready but may not yet be usable because the city has no hardware for it. Unlike in the Franchising, they have an existing computer where the said project was tested.

Councilor John Carlos delos Reyes expressed his opinion regarding the ratification of the contract. According to him, concurred by the City Legal, that ratification of contract should be made after substantial compliance with the contractual obligation was met. If nothing yet was started then there was nothing to ratify. Just like in the case of Fortune Care Agreement, where they wanted to establish an affiliation with the city’s hospital, but since nothing was initiated, so there was still no ratification.

Councilor Lipumano-Garcia asked if the project was coordinated with LTO or only an agreement by the city government.

Councilor Piano replied that it is an initiative of the city; it’s the city government and the private contractor.

Councilor John Carlos delos Reyes further opined that the said “ratification upon substantial compliance in contractual obligation” was not expressed in the local government code, rather, it was borrowed from the corporation code. This is to make sure that obligations based on contracts were faithfully complied with. So the purpose of the ratification is tie the loose-ends and if there were things that parties should still agree upon.

Councilor Piano explained that in the first place, JIMEC’S part is to develop the Software which they will turn-over for the city’s use. The implementation was not in the contract. The software was already fully developed and the current status was that the Transport System Software was already being used; encoding of data for the Volunteer System has started; and only the Public Assistance System remains dormant due to the unavailability of the hardware needed. So, Councilor Piano supposed, that technically, the contractor’ s part to develop a computer-based information system was already complete and it was already reviewed by the end-users and specifically by the MIS.

Councilor Piano replied that since he is the one focused on the project, he affirmed that the contractor has already given their part.

Draft Resolution No. 2007-R-14 was approved unanimously on its second and final reading, on motion of Councilor Edwin Piano.

3. Prior to the motion for the approval of Draft Resolution No. 2007-R-16 – “A Resolution Denouncing The High-Handed And Supercilious Acts Of The Criminal Investigation And Detection Group (CIDG) Operating In The City Of Olongapo Headed By P/Supt Richie Medrado”, Councilor John Carlos G. delos Reyes proposed to the body to adopt the Resolution passed by the Liga ng mga Barangay headed by Councilor Carlito Baloy, with some modifications.

The Councilor further explained the reason why there was a need to pass the said resolution. According to him, a press release appeared in the TONIGHT newspaper on February 14, 2007 with the headline, “Temptresses in X-Spots’ 46 Bar Girls Nabbed in Tarlac, Olongapo”. The body of the news stated “In Olongapo, CIDG Agents Raided the Stop and Dine Restaurant And arrested The Bar Girls, Including A Woman Caught In The Act Of Having Sex With A Civilian Agent”. Councilor delos Reyes said that documents were submitted to him for study, one is the written statement by the CIDG Provindial Chief of Zambales, P/Supt. Richie Medrado submitted to the Regional Chief of Camp Olivas in San Fernando, Pampanga. This was regarding the so-called entrapment in one motel/hotel at Stop and Dine Karaoke and Restaurant.

The Councilor presented the body some pictures, in black and white, showing a man and woman both naked. In the written statement, it was stated that the man was the civilian agent. Councilor delos Reyes relayed that what was done was that the woman was brought on the pre-text to entrap her for prostitution. He commented that under the Revised Penal Code, prostitution was defined as a woman habitually indulging in sexual intercourse. This context would be hard to prove in the pictures shown that the woman had a previous sexual intercourse to be said habitual. It would also be hard to ascertain if there was really sexual intercourse. This was one point why the said entrapment should be denounced.

Moreover, Councilor delos Reyes commented that there is a difference between Entrapment and Instigation under the law. Entrapment is allowing the would be accused to commit illegal acts and the said illegal act came from his/her mind. It was the person’s own volition. Instigation is that police operatives entice the victim to commit an illegal act. According to the Councilor, entrapment is a legal means to prosecute a criminal, while instigation, under the law, is an absolutory cause due to public policy so the victim is acquitted.

In Olongapo, what transpired was against the human rights of the constituents, where the woman was brought to a room, was enticed to do sexual intercourse and then was caught and photos were taken. So, the Councilor said that they concurred with the Liga ng mga Barangay in their resolution “Denouncing the High-Handed and Supercilious Acts Of The Criminal Investigation and Detection Group Operating In The City Of Olongapo headed by P/Supt. Richie Medrado Posadas”. He proposed to do some changes. First was in paragraph 3, first sentence, where he would like to change the name “Barangay Barretto” into “in the City”. Thus, it would read as: “Whereas, there were instances when operatives of the CIDG, under P/Supt. Posadas, have conducted raids in various business establishments in the City”. Second was in paragraph 4, which could read us: “Whereas, after their operations, the CIDG operatives published their activities in the newspapers”. Third was in paragraph 6, which could read as: “Whereas, contrary to the news article that CIDG will file appropriate criminal charges against the club owners, no such case or cases had been filed by the CIDG which may speculate that the raids they were conducting were not legitimate operations but only harassed the establishment owners for dubious reasons”. Fourth was to remove paragraphs 7 and 8. Fifth, in paragraph 9, instead of writing “arrogant and disdainful conduct of CIDG”, it can be stated as “the arrogant and disdainful conduct of some CIDG Operatives”.

So, Councilor delos Reyes suggested to adopt the resolution with modifications.

Another follow-up amendment to the title was proposed by Councilor Marey Beth Marzan to put the word “then” before the name of P/Supt. Medardo because he is no longer the incumbent. Councilor delos Reyes welcomed the proposed amendments and manifested that the City Mayor expressed his opinion that this should be an urgent matter.

Since there were no other further comments, on motion of Councilor John Carlos G. delos Reyes, Draft Resolution 2007-R-16 was approved unanimously on its second and final reading, as amended

4. Observation to Draft Resolution No. 2007-R-17 – “A Resolution Commending Outgoing Councilor Noel Y. Atienza For His Invaluable Contributions As City Councilor Of Olongapo” were first heard prior to the motion of Councilor Lipumano-Garcia for its approval.

Councilor Piano said he noticed that the number of years written be changed from 3 years to six years.

Councilor Dabu suggested that the draft resolution be read since she has no copy of the said draft. The Presiding Officer instructed that the Councilor be given a copy.

Councilor Lipumano-Garcia read the contents of the draft which states:

Whereas, June 30, 2007 marked the curtain call for Members of the Sangguniang Panlungsod of Olongapo who served their terms with utmost distinction;

Whereas, Councilor Noel Y. Atienza finished his six-years of public service and contributed his expertise in legal matters which he liberally shared to his Olongapo constituents;

Whereas, Attorney Atienza hurdled a six-year challenge as former Chairman of the Committee on Laws, Complaints, Investigation and Human Rights, where he tackled the asperities of the task head on while upholding his principles;

Whereas, his ability to make an intellectual critique and his patience in scrutinizing every ordinance and resolution has benefited the people of Olongapo as it has stirred debate during sessions which provided constructive opposition to the Council;

Whereas, the Sanggunian Family bids farewell to the man who has a generous and passionate heart to the needy;

Now, Therefore, on joint motion of Councilors Sarah Lugerna Lipumano-Garcia and John Carlos G. Delos Reyes, with the unanimous accord of the Members of Sangguniang Panlungsod present;

Resolved, As It Is Hereby Resolved, by the Sangguniang Panlungsod in session assembled to commend, as it hereby commends outgoing Councilor Noel Y. Atienza for his invaluable contributions as City Councilor of Olongapo.

Let a copy of this Resolution be furnished Councilor Noel Y. Atienza for his information and record.

Councilor Marey Beth Marzan commented that we should commend Councilor Noel Atienza on the note that he was a former Councilor, a part of the Sangguniang Panlungsod but not because he was an opposition. According to the Councilor, to oppose is a part of the legislative process, part of a debate.

Councilor Piano requested a recess. Recess was declared at 6:35 p.m.

Session resumed 6:40 p.m.

Councilor Marzan gave another suggestion, to omit the phrase…. “providing constructive opposition to the council” on the fourth paragraph and instead, the sentence would end with the phrase”….. “during sessions”.

The Presiding Officer asked if this suggestion would be acceptable to the proponents. Councilor delos Reyes accepted the suggestion, as well as Councilor Lipumano-Garcia.

Draft Resolution No. 2007-R-17 with the amendments was approved unanimously on its second and final reading, upon the motion of Councilor Lipumano-Garcia.

5. Draft Resolution No. 2007-R-18 – “A Resolution Commending Outgoing Honorable Rolen C. Paulino For His Invaluable Contributions As Vice-Mayor And Presiding Officer Of The City Of Olongapo,” was approved unanimously on its second and final reading on motion of Councilor Lipumano-Garcia.

6. Draft Resolution No. 2007-R-08 – “A Resolution Authorizing The Experimental Re-Routing Of Public Utility Jeepneys Particularly PUJ-J-10 (Tabacuhan Yellow With Blue) And PUJ-J-04 (Mabayuan Green),” was approved for deferment upon motion of Councilor John Carlos G. delos Reyes.

7. Motion to table Draft Resolution No. 2007-R-09 – “A Resolution Ratifying The Memorandum Of Agreement Between The City Government Of Olongapo Represented By The City Mayor James Gordon, Jr. And Philippine Forest Corporation Represented By Its President Noel I. Lozada, Jr.,” was approved, on motion of Councilor John Carlos G. delos Reyes.

8. Draft Resolution No. 2007-R-10 – “A Resolution Approving The Unified Land Information System Project Design Document And Endorsing To The Innovation Support Fund (ISF) For Final Approval The Said Project Design Document,” on second reading was deferred, on motion of Councilor Edwin Piano

9. Draft Resolution No. 2007-R-11 – “A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Agreement For And In Behalf Of The City Government Of Olongapo And Department Of Public Works And Highways Represented By Marcelina N. Ocampo Asst. Regional Director For Maintenance Operations,” was deferred on motion of Councilor Anselmo Aquino. The Presiding Officer instructed the Council Secretary to furnish Councilor Aquino with all the documents.

10 Draft Resolution No. 2007-O-01 – “An Ordinance Appropriating The Amount Fourteen Million Pesos (Php14,000,000.00) As The City’s Counterpart Fund For The Olongapo City Unified Land Information System Project,” was approved for deferment on motion of Councilor Piano.

Instead of the amount of PhP14,000,000.00, it should be PhP7,000,000.00.

Other Matters

A. Draft Resolution No. 2007-R-19 – “A Resolution Approving The Annual Budget Of Barangay New Ilalim, City Of Olongapo For The Calendar Year 2007,” was considered an urgent matter on motion of Councilor Edwin Piano.

Before Councilor Piano made the final motion, he first acknowledged the presence of Barangay Captain Vigo and Barangay Secretary Maria Leonora Villarama. The Councilor added that his motion for urgency was due to the fact that the copy of the Brgy New Ilalim budget was forwarded to his office the previous month but was overlooked by his committee. Councilor Piano apologized to Brgy. Capt. Rodolfo Vigo.

The Presiding Officer asked if the body have their own copy of the draft. Since no one has any, she then asked Councilor Piano to read the draft.

Councilor Piano said that it has the same text as what was written in Brgy. East Bajac-Bajac, deliberated earlier. The only words to be changed are the name of the Barangay and the number of the Resolution. It would read as “Resolution Approving The Annual Budget Of Barangay New Ilalim, City Of Olongapo For The Calendar Year 2007”

Resolved, As It Is Hereby Resolved, by the Sangguniang Panlungsod in session assembled, to approve, as it hereby approves the Barangay Budget of Barangay New Ilalim, City of Olongapo for the Calendar Year 2007 considering that the budget as contained in Barangay Resolution No. 1, Series of 2007 of Barangay New Ilalim, upon review by the Sangguniang Panlungsod, has substantially complied with the requirements and limitation set forth under R.A. No. 7160 or the Local Government Code of 1991 and other pertinent issuances, circulars and memoranda with respect to Barangay Budgets.

Provided, that the City Accountant is enjoined to observe that the conditions enumerated by the City Budget Officer in his endorsement letter of April 19, 2007 on the matter which form an integral part of this Resolution are strictly complied with and the requirements imposed by City Resolution No. 3, Series of 1996 are fully satisfied.”

Councilor Dabu gave a suggestion or a recommendation to include the appropriation for the committee on livelihood in their next Barangay Budget.

Councilor Marey Beth Marzan explained that the City Council is the one supposed to review the barangay budget. The suggestions of the Budget Office should be just part of the “Whereas”, the recommendations of the technical working group under the committee chaired by Councilor Piano. Thus the review function of the Barangay Budget is conferred on the body and not on the Budget Office.

The Councilor suggested that the recommendations of the budget office be integrated in the “Whereas” of the draft resolution.

Councilor Piano, was amenable to the suggestions.

Councilor Gina Perez, addressing Brgy. Capt. Vigo, said that since she knew that Brgy. New Ilalim has a limited budget, she suggested that their budget for tourism program be availed through fund raising activities. She further suggested that the Committee on Ways and Means Chairman should look for pro-bono speakers for the training and development of the Barangay Officials and employees.

The Presiding Officer asked Councilor Perez if she will volunteer, the Councilor affirmed.

Councilor Piano moved to recognize Brgy. Secretary Villarama. She informed the body that the barangay allocated PhP50,000.00 for training and seminars, and added that for the budget on tourism it can be in the form of supplemental budget to be taken from their unappropriated balance.

With no other observations, Draft Resolution No. 2007 – R-19 was approved unanimously on its first, second and final reading.

B. Councilor JC delos Reyes informed the body about the schedule of barangay cases. The July 19 schedule was re-cancelled and was reset thus, the Preliminary Conference and Initial Hearing of Administrative cases was scheduled on July 26, 2007 and were as follows:

Division I, 9:00 a.m. - 9:30 a.m. - Admin. Case No. 01, Maravilla vs. Cabiling, Old Cabalan.

-Admin. Case No. 05, Mechilina vs. Gonzales and Orca

Division II, 9:30 a.m. - 10:00 a.m. - Garcia vs. Grospe

Division III, 10:00 a.m. - 10:30 a.m.- Tolentino vs. Yanglay

Division IV, 10:30 a.m.-11:00 a.m. - Pedrosa vs. Gingco

Councilor delos Reyes told the body that if there would be conflict in schedule, they can inform Ms. Gina Legaspi to make the necessary adjustments.

C. Draft Resolution No. 2007 – R-23 – “A Resolution Endorsing Councilor Rodel S. Cerezo, To Represent The Sangguniang Panlungsod To The People`s Law Enforcement Board (PLEB),” was considered an urgent matter on motion of Councilor Anselmo Aquino.

Prior to the votation for the approval of the said draft, Councilor Piano said that he would only want to ask, and not to object, if Councilor Cerezo would still want this responsibility. According to the Councilor, as he remembered, the last group started with former Councilor Brian, then it was given to Councilor Aquino and then to Councilor Gina. It turned out, no one represented the Sangguniang Panlungsod.

Councilor Gina Perez mentioned that the appointment should be endorsed by the City Mayor. It then became clear to Councilor Piano that even if it was endorsed, but the Mayor will not appoint, then the endorsement will not prosper. He again asked Councilor Cerezo if he would accept the endorsement. Councilor Cerezo affirmed.

Councilor Piano requested Councilor Cerezo if he could furnish the body summary of the cases and the updates so they will be kept informed.

The Presiding Officer clarified that Councilor Cerezo can only do the request if he gets appointed.

Draft Resolution No. 2007 R-23 was approved unanimously on its second and final reading on motion of Councilor Anselmo Aquino.

D. Councilor Edwin Piano consulted the body regarding their availability to schedule the following meetings:

First is the Committee hearing for the approval of the budget of Brgy. East Tapinac along with the changes in the title and text. The meeting was scheduled Monday before the caucus with the Mayor.

Second, Councilor Piano asked the body if they are available on Monday or any day so that he can present the revisions in the Revenue Code. He said that the Committee on Ways and Means, which he chairs, was in its final phase of reviewing the revisions and he would like to present it to the body first before a public hearing, in case they would want to incorporate more information. The plan was to implement this on August or September.

The body agreed to meet on Monday after the flag ceremony also before the caucus with the Mayor. Councilor Piano will provide them there with the copy of the said code.

E. The Presiding Officer reminded the body for their schedule the following day, 9:00 a.m. at the Port Project and the 10:00 a.m. at the Convention Center.

Recess was declared at 7:10 p.m.

Session resumed 7:20 p.m.

Adjournment

There being no further matters to be discussed, the session was adjourned at 7:21 in the evening.

I HEREBY CERTIFY TO THE

CORRECTNESS OF THE FOREGOING:

ELFLIDA S. SALMON

Council Secretary

ATTEST:

CYNTHIA G. CAJUDO

City Vice-Mayor & Presiding Officer