Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON AUGUST 8, 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. Robine Rose C. Buenafe - - SK Federation President

Absent:

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

(On Official Business)

Call to Order

The City Vice-Mayor and Presiding Officer Cynthia G. Cajudo called the session to order at 4:04 in the afternoon.

Roll Call

With eleven (11) members and the Presiding Officer present, the Chair declared a quorum for the 6th Regular Session.

Reading and Adoption of Minutes

Since the minutes of the previous regular session, dated July 18, 2007 is not ready yet, on motion of Councilor Gina G. Perez, the body deferred the approval of the same.

Reading and Approval of the Day’s Agenda

Before the approval of the day’s agenda, Councilor Rodel S. Cerezo read the items on 1st and 2nd reading, to wit:

First Reading:

1. Draft Resolution No. 2007 – R-38 – A Resolution Approving The Annual Budget Of Barangay New Cabalan, City Of Olongapo For The Calendar Year 2007. Sponsored By Councilor Edwin J. Piano (Referred to the Committee on Appropriations)

2. Draft Resolution No. 2007 – R-39 – A Resolution Superseding/Setting Aside Resolution No. 17 And No. 18., Pertaining To The Commendation Of Councilor Noel Atienza And Vice-Mayor Rolen Paulino. Sponsored By The Majority Party (Referred to the Committee as a Whole)

3. Draft Resolution No. 2007 – R-40 – A Resolution Urging The Barangay Council Of Different Barangays In Olongapo City To Establish A Free Computer Training In Their Respective Barangay. Sponsored By Councilor Rodel S. Cerezo (Referred to the Committee on Barangay Affairs)

4. Draft Resolution No. 2007 – R-41 - A Resolution Congratulating And Recognizing Barangay Sta. Rita For Winning The Regional Gawad Kalasag As The Best Barangay Disaster Coordinating Council In Region III. Sponsored By Councilor Rodel S. Cerezo (Referred to the Committee as a Whole)

5. Draft Resolution No. 2007 – R-42 – A Resolution Congratulating And Recognizing The Olongapo City Disaster Coordinating Council For Winning The Regional Gawad Kalasag For The Best City Disaster Coordinating Council. Sponsored By Councilor Rodel S. Cerezo (Referred to the Committee as a Whole)

6. Draft Resolution No. 2007 – R-43 – A Resolution Authorizing The City Mayor To Enter Into A Memorandum Of Agreement With The Department Of The Interior And Local Government (DILG) Through The Bureau Of Local Government Development (BLGD) Regarding The Community Based Monitoring System (CBMS). Sponsored By Councilor Edwin J. Piano (Referred to the Committee on Telecommunications and Information Technology)

7. Draft Resolution No. 2007 – R-44 – A Resolution Adopting The Experimental Implementation Of The Body Number Coding For Public Utility Jeepneys J-01 And J-011 From The Effectivity Of This Resolution To September 30, 2007 As Part Of Public Consultations. Sponsored By Councilor John Carlos G. Delos Reyes (Referred to the Committee on Transportation)

8. Draft Ordinance No. 2007 - O-10 – An Ordinance Appropriating The Amount Of Nine Million Five Hundred Twenty One Thousand Six Hundred Fifteen Pesos (Ph P9,521,615.00) To The Item Salaries And Other Related Benefits Under Personal Services Of Various Departments, To Be Taken From The Unappropriated Balance Of The General Fund. Sponsored By Councilor Marey Beth D. Marzan (Referred to the Committee on Appropriations)

9. Draft Ordinance No. 2007 – O-11 – An Ordinance Appropriating The Amount Of Three Million Eight Hundred Thousand Pesos (PhP3,800,000.00) To The Item Subsidy To National Government Office – Department Of Education Under The Maintenance And Other Operating Expenses Of The Office Of The City Mayor To Be Taken From The Unappropriated Balance Of The General Fund. Sponsored By Councilor Marey Beth D. Marzan (Referred to the Committee on Appropraitions)

10. Draft Ordinance No. 2007 – O-12 – An Ordinance Appropriating The Amount Of Twenty Nine Thousand Two Hundred Ninety Three Pesos (PhP29,293.00) To The Item Funding Of The Position Planning Officer II, Salary Grade (SG) 15 Under Personal Services Of The City Planning And Development Office To Be Taken From The Unappropriated Balance Of The General Fund. Sponsored By Councilor Marey Beth D. Marzan (Committee on Appropriations)

11. Draft Ordinance No. 2007 – O-13 – An Ordinance Appropriating The Amount Of Nine Million Four Hundred Fourteen Thousand Pesos (PhP9,414,000.00) To The Item Office Equipment, Office Supplies, Representation And Other Expenses Of The Office Of The City Mayor Under The Maintenance And Other Operating Expenses Of The Office Of The City Mayor To Be Taken From The Unappropriated Balance Of The General Fund. Sponsored By Councilor Marey Beth D. Marzan (Referred to the Committee on Appropriations)

12. Draft Ordinance No. 2007 – O-14 – An Ordinance Appropriating The Amount Of Ninety Nine Thousand Pesos (PhP99,000.00) To The Item Extraordinary Expense – Election Expense Under Maintenance And Other Operating Expenses Of The Office Of The City Mayor To Be Taken From The Unappropriated Balance Of The General Fund. Sponsored By Councilor Marey Beth D. Marzan (Referred to the Committee on Appropriations)

13. Draft Ordinance No. 2007 – O-15 – An Ordinance Adopting The Olongapo City Ecological Solid Waste Management Plan For 2007-2011. Sponsored By Councilors Angelito W. Baloy And Aquilino Y. Cortez (Referred to the Committees on Environment, Health and Engineering)

14. Draft Resolution No. 2007 – R-45 – A Resolution Authorizing The Honorable City Mayor James Gordon, Jr. To Represent The City Of Olongapo And Enter Into A Contract Of Loan With The Development Bank Of The Philippines (DBP) In The Principal Amount Of Pesos: One Hundred Forty Four Million (PhP144,000,000.00) For The Purpose Stated Herein And To Sign The Loan Agreement, Deed Of Assignment, The Promissory Note And Other Documents Related Thereto. Sponsored By Councilor Marey Beth D. Marzan (Referred to the Committees on Ways and Means and Laws)

15. Draft Resolution No. 2007 – R-46 – A Resolution Authorizing The City Mayor To Enter Into Memorandum Of Agreement With The Department Of The Interior And Local Government (DILG) Through The Bureau Of Local Government Development (BLGD) Regarding The Legislative Tracking And Performance Monitoring System Project. Sponsored By Councilor Edwin J. Piano (Referred to the Committee on Telecommunications and Information Techonology)

16. Draft Ordinance No. 2007 – O-16 – An Ordinance Appropriating The Amount Of Forty Eight Thousand Pesos (PhP48,000.00) For The Philippine Councilors League (PCL) And Vice-Mayors League Of The Philippines Membership And Registration Fees To Be Taken From The General Fund. Sponsored By Councilor Gina G. Perez (Referred to the Committee on Appropriations)

Second Reading:

1. Draft Ordinance No 2007 – O-05 – An Ordinance Enacting The Olongapo City Investment Code Of 2007. Sponsored By Councilor Gina G. Perez

2. Draft Resolution No. 2007 – R-11 – A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter 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 And Operations. Sponsored By Councilors Elmo A. Aquino And John Carlos G. Delos Reyes

3. Draft Resolution No. 2007 – R-29 – A Resolution Approving The Concreting Of Road At Cristobal Street (Baltazar Street – Sta. Rita 0-230), Sta. Rita, Olongapo City, Worth One Million Two Hundred Sixty-Seven Thousand Three Hundred Twenty Three Pesos And Forty-Three Centavos (PhP1,267,323.43). Sponsored By Councilor Elmo A. Aquino

4. Draft Resolution No. 2007 – R-30 – A Resolution Approving The Concreting Of Road And Construction Of Drainage System Of Magiting Street, Del Rosario Street-Dead End, Sta. Rita, Olongapo City, Worth Two Million Two Hundred Forty-Nine Thousand Five Hundred Forty-Eight Pesos And Nineteen Centavos (PhP2,249,548.19). Sponsored By Councilor Elmo A. Aquino

5. Draft Resolution No. 2007 – R-31 – A Resolution Approving The Asphalt Overlay Of Road At Camia Street, Sta. Rita (Filtration Street – Amapola Street), This City Worth One Million Seven Hundred Forty-Seven Thousand One Hundred Eleven Pesos And Eighty-Four Centavos (PhP1,747,111.84). Sponsored By Councilor Elmo A. Aquino

6. Draft Ordinance No. 2007 – O-07 – An Ordinance Reverting The Amount Of Forty-Two Thousand Pesos (PhP42,000.00) From The Account Wages And ADCOM Under Personnel Services To The Item Ordinary Expenses Under MOOE Of The Office Of The Sangguniang Panlungsod. Sponsored By The Majority Party

7. Draft Resolution No. 2007 – R-32 – A Resolution Approving The Concreting Of Road And Construction Of Drainages System At Cristobal Street, (Sta. Rita Road-Cristobal Extension) Sta. Rita, Olongapo City, Worth Four Million Thirty-Eight Thousand Three Hundred Seventy-Six Pesos And Ten Centavos (PhP4,038,376.10) As Additional Priority Project For Cy 2007. Sponsored By Councilor Elmo A. Aquino

8. Draft Resolution No. 2007 – R-33 – A Resolution Certifying Barangay New Cabalan Resolution No. 7, Series Of 2007 In Conformity With The Existing Law And Within The Sangguniang Barangay’s Prescribed Power. Sponsored By Councilor Marey Beth D. Marzan

9. Draft Resolution No. 2007 – R-34 – A Resolution Certifying Barangay New Cabalan Resolution No. 9, Series Of 2007 In Conformity With The Existing Law And Within The Sangguniang Barangay’s Prescribed Power. Sponsored By Councilor Marey Beth D. Marzan

10. Draft Resolution No. 2007 – R-35 - A Resolution Declaring Sangguniang Barangay New Cabalan Resolution No. 12, Series Of 2007 Invalid In Part And Returning The Same For Their Correction. Sponsored By Councilor Marey Beth D. Marzan

11. Draft Resolution No. 2007 – R-36 – A Resolution Certifying Barangay New Cabalan Resolution No. 13 And No. 15, Series Of 2007 In Conformity With The Existing Law And Within The Sangguniang Barangay’s Prescribed Power. Sponsored By Councilor Marey Beth D. Marzan

12. Draft Ordinance No. 2007 – O-08 – An Ordinance Providing Educational Privileges To All Barangay Officials, Their Dependent Children, And The SK Officials Of The City Of Olongapo To The City Operated Tertiary Schools/Colleges/Universities. Sponsored By Councilors Marey Beth D. Marzan , Robine Rose C. Buenafe And Carlito A. Baloy

13. Draft Ordinance No. 2007 – O-09 – An Ordinance Appropriating An Additional Amount Of Three Hundred Thousand Pesos (PhP300,000.00) For The Olongapo City Skills Training Program. Sponsored By Councilors Marey Beth D. Marzan And Edwin J. Piano

Before the approval of the day’s agenda, some comments were raised. On items 8, 9, 10 and 11 of second reading which all pertains to the review of barangay resolutions, Councilor delos Reyes suggested to the proponent to put the comments and observations in the form of a letter addressed to the barangays concerned instead of resolutions. Councilor Marzan sponsored the said resolutions. According to the Presiding Officer, since the review of barangay resolutions is a collegial function of the sanggunian, it was previously agreed that it will be in the form of a resolution. Councilor Perez commented that the body would also opt to write a letter signed by all the councilors or they can just refer the matter to the DILG for whatever rules and regulations concerning this. While Councilor delos Reyes consented to the agreement, Councilor Aquino on the other hand, made manifestation that for item nos. 3, 4, 5 and 7 in the second reading, Councilors Piano and Cerezo are his co-sponsors.

On motion of Councilor Rodel S. Cerezo, the body approved the days’s agenda as amended.

Communications and Referrals of Business

Communications Read:

1. Copy of a Memorandum from Councilor Angelito "Gie" Baloy, Chairman, Committees on Business & Economic Enterprises and Health & Public Welfare to Dr. Arturo Mendoza, Department Head, James L. Gordon Memorial Hospital regarding Partially Filled Prescription Forms (For information and guidance)

2. Letter from Nieves Montevirgen of Purok 6, National Highway, New Cabalan, Olongapo City to the Sanggunian Panlungsod through Hon. Cynthia G. Cajudo, Vice-Mayor & Presiding Officer, requesting speedy disposition of Administrative Case No. 12 (09-25-06) entitled “Nieves Montevirgen vs. Brgy. Capt. Alejandro Ubungen”. (Referred to the Committee as a Whole)

3. Letter from the DILG City Director to the Council Secretary regarding the request to attend the 2006 State of Local Governance Report (SLGR), August 7, 2007, FMA Hall at 1:30 p.m.

4. Letter from Brgy. Captain Carlito A. Baloy, ABC President to Hon. Cynthia G. Cajudo, City Vice-Mayor & Presiding Officer, submitting for review the Annual Budget for Calendar Year 2007 of Brgy. Barretto. The cover letter states that the total amount is PhP8, 603,588.11 while in their resolution it is PhP8,807,584.00 (Referred to the Committee on Ways and Means)

5. Letter from City Mayor James Gordon, Jr., to Hon. Cynthia G. Cajudo, Vice-Mayor and Members of the Sangguniang Panlungsod to consider a “Resolution Authorizing The Honorable City Mayor To Represent The City Of Olongapo And Enter Into A Contract With Subic Bay Metropolitan Authority And Other Documents Related Thereto Such As, But Not Limited To, Donation Of Garbage Trucks And Other Equipment, To Offer The Olongapo City Landfill To The Latter As Their Dumpsite For Their Waste Products”. (Referred to Committees on Health, Environment and Laws)

6. Letter from the City Mayor requesting this body to consider an ordinance appropriating the amount of PhP9, 521,615.00 to the item salaries and other related benefits under Personal Services of various departments pursuant to DBM Local Budget Circular No. 86, implementing Executive Order No. 611 dated March 14, 2007 entitled “Authorizing Compensation Adjustments to Government Personnel”. (Referred to the Committee on Appropriations)

7. Another Letter from the City Mayor requesting this body to consider an ordinance appropriating the amount of PhP9, 414,000.00 as per Memorandum from the City Budget Officer dated July 12, 2007 pertaining to the requirement for additional appropriation for office equipment, office supplies, representation and other expenses of the Office of the City Mayor. (Referred to the Committee on Appropriations)

8. Letter from the City Mayor requesting the Sangguniang Panlungsod to consider an ordinance appropriating the amount of PhP3,800,000.00 as financial assistance to the various schools of the city. This is an additional appropriation. (Referred to the Committees on Appropriations and Education)

9. Letter from the City Mayor requesting for an ordinance appropriating the amount of PhP29, 293.00 for Funding of the position Planning Officer II, Salary Grade (SG) 15, under the City Planning & Development Office. (Referred to the Committees on Appropriations and Organizational Development)

10. Another request to consider an ordinance appropriating the amount of PhP99,000.00 for the honorarium of members and support staff of the City Board of Canvassers (CBOC) and its Sub – Canvassing Committees for the election related services rendered during the canvassing period in connection with the May 14, 2007 Elections. (Referred to the Committee on Appropriations)

11. Memorandum from the City Mayor to the City Council, the City Government Department Heads concerned, All Barangay Chairmen & Officials and All SK Chairmen & Officials regarding “Community Education Program on Migration (Pulong-Pulong)” on August 7, 2007 from 9:30 a.m. to 11:30 a.m. at the FMA Hall. (For information and guidance)

12. Letter from Mr. Elizalde D. Batinga for Hon. James Bong Gordon, Jr., City Mayor regarding requisite of Purchase Slip booklet for Senior Citizens to avail the 20% discount privilege. (Referred to the Committee on Senior Citizens)

13. Another letter from Elizalde D. Batinga, (and co-solicitors) requesting “na mabigyan ng serbisyong atension partikular na tinutukoy ay ang kanal sa kanilang eskinita na nagdudugtong mula sa "drainage" ng 1190 Street, at patungong Bacon Street, paglalagay ng kungkretong takip”. (Referred to the Committee on Engineering)

14. Letter from Segundo E. Mangohig, Counsel for Pedro Malillin, to the Chairman on Transportation, renewing his request to act on the illegal use of his Body No. J11 – 001 by the owner-operator of jeepney with Plate No. DGT – 964. (Referred to the Committee on Transportation)

15. Copy of a letter from Hon. Sarah Lugerna Lipumano-Garcia, City Councilor addressed to the City Vice-Mayor and Members of the Sangguniang Panlungsod regarding the appointment of her Private Assistant, which for all legal intents and purposes shall be coterminous (Private Secretary/Administrative Assistant V, SG-11) and shall be similar to other private secretaries assigned to the Members of this body. She is seeking reconsideration on this matter. (For the Chair’s reply)

16. Copy of Resolution No. 6, Series of 2007 of Brgy. Old Cabalan, Olongapo City, entitled, “A Resolution Requesting The Permit Of The Hon. James Gordon, Jr., City Mayor That A Mini-Fair Will Be Held At Barangay Old Cabalan From August To September 2007 In Celebration Of The Barangay Fiesta CY 2007”. (Referred to the Committee on Business)

17. Letter from Councilor John Carlos G. delos Reyes to the Hon. Presiding Officer and Members of the City Council regarding his opposition to the proposed Reproductive Health Code.

18. Copy of the General Grant Agreement made and entered into by and between the ISF Grant Facility funded by the Australian Agency for International Development (AusAID) under the Land Administration and Management Project 2 (LAMP2), represented by Mr. Ian David Lloyd, LAMP2 TA Team Leader, and the City of Olongapo, represented by the Honorable Mayor James Gordon, Jr., and duly authorized by the Sanggunian Panlungsod to sign this agreement. (Referred to the Committee on Ways and Means)

19. Annual Budget of Barangay New Cabalan for Calendar Year 2007. (Referred to the Committees on Appropriation and Ways and Means)

20. Memorandum from Hon. Cynthia G. Cajudo, City Vice-Mayor & Presiding Officer to all City Councilors regarding “Symposium On Focus: Scrutiny On Human Resource And Advancement For Better Governance” in coordination with Civil Service Commission on August 21, 2007 at the Olongapo City Convention Center.

On this matter, the Chair emphasized to all members that as per the advice of the Personnel Department, this will concern all of them and not their staff. She urged that everyone should attend. Since it’s going to be held on Tuesday, August 21, caucus will be on the 22nd.

21. Letter from Councilor John Carlos G. delos Reyes, Chair, Committee on Laws, Complaints, Investigation & Human Rights Protection to Eliseo P. de Guzman, CESO V, City Director, Olongapo City regarding Administrative Case No. 12 (09-25-06) entitled, "Nieves Montevirgen vs. Brgy. Capt. Alejandro S. Ubungen, and Adm. Case No. 06 (12-06-05) entitled, "Zosimo A. Cabiling vs. Brgy. Capt. Rolando S. Alba, Sr. (For information and guidance)

22. Letter from Nieves Montevirgen to Hon. Cynthia G. Cajudo, City Vice-Mayor, Olongapo City regarding ADM. Case No. 12 (09-25-06) requesting certified true copy of the decision on said case. (Referred to the Committee as a Whole)

23. Letter from Mauro M. Turalba to the Honorable City Vice-Mayor regarding Administrative Case No. 31 (11-17-06) requesting a certified copy of the Turalba vs. Baloy et. al case. (Referred to the Committee as a Whole)

24. Memorandum from Ferdie M. Magrata, MPM., LLB, Acting City Administrator to All Department Heads and Heads of Offices regarding the Seminar On Purpose Driven Life In Work Environment on August 11, 2007 (Saturday) from 8:00 a.m. to 5:00 p.m. to be held at the Olongapo City Convention Center. (The Chair requested to inform everyone and those willing to go may attend)

25. Copy of a letter from Dir. Alan D. Pasumbal, Head, "Isang Bayan, Isang Produkto, Isang Milyong Pisong Programa ni Pangulong Gloria Macapagal Arroyo," addressed to the City Mayor which refers to the amount of PhP1 million which was released from the President’s Social Fund to the City Government of Olongapo as loan assistance for the implementation of the Micro-Small and Medium Enterprises, (MSMEs) under the said project. (Referred to the Committee on Livelihood and Cooperatives and may contact Councilor Bella Asuncion regarding this matter)

26. First Endorsement from Dante P. Ramos, City Department Head II, Environment Sanitation & Management Office pertaining to the Proposed Garbage Fees Rates for approval of the City Council. (Referred to the Committees on Ways and Means, Evironment and Health)

27. Letter from Councilor Edwin J. Piano to Hon. City Vice-Mayor Cynthia G. Cajudo submitting the draft Resolution entitled, “A Resolution Authorizing The City Mayor To Enter Into A Memorandum Of Agreement With The Department Of the Interior And Local Government (DILG) Through The Bureau Of Local Government Development (BLDG) and Community Based Monitoring System (CBMS) Network Coordinating Team of Angelo Institute of Economic and Business Studies regarding the Commnity Based Monitoring System.” (Referred to the Committee on Telecommunications and Information Technology)

28. Copy of the First Indorsement dated Agust 7, 2007 from the DILG City Director Eliseo P. de Guzman to Hon. Rolando S. Alba, Sr., Punong Barangay, Old Cabalan, this City the decision of the Sangguniang Panlungsod in the Adm. Case No. 06 (12-06-05) entitled “Zosimo A. Cabiling vs. Brgy. Capt. Rolando S. Alba, Sr” with the information that filing of the Motion for Reconsideration with the Sangguniang Panlungsod should be within fifteen days upon receipt. Failure to file the same, the decision of the Sanggunian is final and executory. (For information and guidance of the Committee on Laws and all members)

29. Copy of the First Indorsment, also from the DILG City Director Eliseo de Guzman dated August 8, 2007, to Hon. Alejandro S. Ubungen, Punong Barangay, New Cabalan, this City regarding the decision of the Sangguniang Panlungsod in Adm. Case No. 12 (09-25-06) entitled “Nieves Montevirgen vs. Brgy. Capt. Alejandro S. Ubungen” with the information that fifteen days upon receipt to file Motion for Reconsideration with the Sangguniang Panlungsod and failure to file the same, the decision of the Sanggunian is final and executory. (Referred to the Committee on Laws, Complaints and Investigation/For the information of everyone)

30. Suggestions, notes, comments, and questions from Councilor Jong Cortez as Chairman on Committee on Environment Protection, Lands, Housing and Zoning to further improve the plans regarding our Solid Waste Management System with the City’s “10 years Solid Waste Management Program” under Proposed Integrated Solid Waste Management System for 2007 – 2011. (Referred to the Environmental, Ecological Solid Waste Management)

The Chair also informed the body on the activity she attended last August 7, 2007 at FMA Hall conducted by the OWWA or the , Commission on Filipino Overseas Workers. The visitors talked about the different programs of their offices and they provided handbooks and primers. These are all available at the Vice Mayor’s Office for those who are interested.

Committee Reports

Councilor delos Reyes, Chairman of the Committee on Laws, Complaints, Investigation and Human Rights Protection expressed his concern regarding the observation given by DILG Director during a caucus with the City Mayor on the Council’s decision to the barangay case against Brgy. Capt. Alejandro Ubungen. According to the Councilor, the DILG Director uttered that the body made an error in judgement because there was no abuse of authority committed, just a procedural error. Councilor delos Reyes commented that the utterances where not proper since it would be the Office of the DILG which will review the Council’s decision. It was an open attack to the Committee constituted by the Sangguniang Panlungsod. The Councilor suggested that the defendant can file an appeal at the Office of the DILG for further review, but since the process is still on-going, the proper remedy would be a motion for reconsideration and adduce the evidence. From his point of view, the Committee which he chairs conducted the investigation according to the Council’s rules. According to the Councilor, he did his job properly for the sake of justice and to protect the integrity of the Council and his position as a City Councilor. He said he would welcome, should there be any complaint against him, rather be told to have committed an error in judgement.

The Presiding Officer suggested that the body review the said case to see if there was an error committed as was written in the letter of Mr. de Guzman.

Councilor Marzan reported that for item no. 12 in the second reading, she distributed copies of the amendments to the original proposals to the different barangays for their perusal. For items 8, 9, 10 & 12 in the first reading, the certificate of the availability of funds were secured. She added that for item no. 13 in the second reading, Councilor Piano gave the certificate of the availability of funds.

Calendar of Business

Second Reading:

1. Councilor Gina Perez moved to open for discussion Draft Ordinance No 2007 – O-05 – An Ordinance Enacting The Olongapo City Investment Code Of 2007. She apprised her colleagues on the status of the said proposal. On July 11, she distributed a copy of the draft to the offices and persons concerned. On July 20 and July 31 committee hearings were held. To date, recommendations for the said proposal came from Mr. Johnny Choa, the City Budget Officer and Mr. Marcelino Andawi, the City Treasurer. The Councilor said that the Committee is still awaiting the recommendations of the others.

Councilor Perez discussed that under the Investment Code, a City Investment Board shall be created with the following compositions: the City Mayor and City Vice-Mayor, as Board Chairpersons, the City Administrator as Board Vice-Chair and the Members will come from the City Council, DTI, DILG, Olongapo City Tourism Council, SMED, Subic Bay Freeport, Chamber of Commerce, Liga ng mga Barangay, and three representatives from non-government organizations to be appointed by the City Mayor. The Olongapo City Investment Center shall also be created which shall serve as its Secretariat. The Board will provide the implementing rules and regulations.

The highlight of the Investment Code, according to the Councilor, was the recommendations prepared by Mr. Marcelino Andawi, in which it was suggested to follow a 5 year tax exemption scheme instead of only 3 years so that investors will not be burdened of paying full on the 4th year. In the recommendation, there would be 100% tax exemption for the first year, 80% for the second year, 60% for the third year, 40% for the 4th year, 20% for the fifth year and full tax payment on the sixth year. The investors will not be paying fees or charges but will still be required to secure the necessary permit so that they will still be under the regulatory function of the city. The investors will also be required to declare their real properties and market values and file their annual gross receipts, which means, only taxes will be exempted.

Councilor Perez informed the body of the fiscal incentives done in other provinces. In the province of Bulacan, they give 3 years for tax exemption; 15 years exemption for commercial tree plantation land tax and 10 years for fruit-bearing tree plantation. In Naga, tax exemptions were provided but without any specified period, which is the same with Baguio. The province of Pampanga has 5 years, Davao and Bacolod has 3 years. According to the Councilor, there was a need to make the city’s fiscal incentives attractive to investors so that they will be encouraged to do business here, instead at the other LGUs.

Councilor Lipumano queried what area was planned to be developed as the Investment Center. Councilor Perez answered that personnel shall be created to compose the Olongapo City Investment Center who shall study the location of new investments. According to the Councilor, they were contemplating of improving the area along Ramon Magsaysay Drive and Rizal Avenue. There were around 20 vacant lots in those areas.

Councilor Lipumano again asked how people will go about applying for business permit, if it will fall under the business permit division or under the investment code.

Councilor Perez explained that there will be preferred investment areas as stated under Section 12 of the proposed Investment Code. These include the infrastructure and property development; tourism and recreation, light manufacturing, healthcare and wellness product and services, IT and communication, agri-business and food processing. Business investments shall also be classified into three. Under the Small Scale are those with at least 3 million peso but not more than 15 million peso investment; Medium Scale has 15 million but not more than 100 million; and for large scale, more than 100 million pesos Businesses which will not fall under those classifications will get permit at the Business Permit Division.

Councilor Marey Beth Marzan addressed a few questions to Councilor Perez. First, she asked what specific areas are planned to be developed in relation to the specific businesses to be placed. According to her, it should be the Council and not the Investment Board who shall determine or designate the said areas. Second, part of the purpose of the code is to promote the Gawang Gapo products but since the capital investment for the Small Scale is worth 3 Million, the Councilor asked how the fiscal incentives will be applied and what happens if the nature of the business will not fall in any of the enumerated preferred investments. Third, to also consider the exclusion of the share of the school for education purposes, where 1% comes from the real property tax.

Councilor Perez answered the inquiry point by point. First, referring to the area of investment, according to her, the City Council’s part is to set the general rules and first provide the details in the implementing rules and regulations (IRR). If specific rules will be set from the start, like setting the area of investment, the area may become fully occupied by 3 years, making the ordinance no longer applicable for that designated area. However, the Councilor sought the opinion of Councilor delos Reyes.

Councilor delos Reyes discussed that in crafting an Ordinance, there is what is called a statutory construction where laws are not made too specific, it should be encompassing.

Councilor Cortez suggested for the list of preferred investments to be excluded from the draft to avoid future conflicts. The Councilor also mentioned that with regard to the investors and incentives, joint business ventures are possible. He cited several examples like investors interested to do business in Olongapo can avail of the incentives and do joint venture with the owners of buildings and prime lots in the city such as the STAR TV building, the Victory Liner compound in Cabalan and Camp Cabal in Barretto, for specific investment.

Councilor Marzan again stressed that the power to re-classify of lands or properties belongs to the Sangguniang Panlungsod and cannot be delegated to the Executive branch. She added that the IRR to be formulated by the executive branch should include items that were in the original law. Additional items not mentioned in the said law cannot be included. She suggested that the body may study further the areas to developed and the businesses to be put up. The task of determining is the Council’s and should not be the Board’s.

The Presiding Officer asked if the decision of the proposed Board would be subjected to the approval of the Council. Councilor Perez said that it was not specified in the draft but she will include it if the body so decides.

Councilor delos Reyes shared his opinion that the Board cannot re-classify. It is under the power of the Sangguniang Panlungsod as recommended by the City Planning and should not be delegated. To reconcile matters, the Councilor suggested that the Board and the Investment Code must adhere to the provisions of the Zoning Ordinance or to the future re-classification ordinance that the city would have. The IRR should conform with the Ordinance.

Councilor Perez acknowledged that the Board should really adhere to the provisions of all laws/ordinances. She also welcomed the recommendation that all the actions or moves of the Board as well as the Investment Center shall be subject for review by the Sangguniang Panlungsod. The Councilor gave her answer for the second point raised, which is the Gawang Gapo investors and the incentives that they can avail. According to Councilor Perez, the Gawang Gapo investments or livelihood programs are mostly small investments which could fall under RA 9198, otherwise known as the Barangay Micro Business Enterprise. This provides incentives for businesses that are lower than 3 Million. For the third point raised, regarding the education share, the Councilor said that she will discuss it with the finance team.

Councilor Marzan pointed out that as stated in the proposed ordinance where the Board is given the power to remove or delete preferred investment area, this is already an implied amendment of the said ordinance. Councilor Perez said that the phrase “subject for review and approval of the Sangguniang Panlungsod” can be added.

Councilor Marzan explained that the Board should only give recommendations to the Sanggunian not the power to delete preferred investment. Since it’s the Sangguniang Panlungsod which will set the preferred investment, so the power to delete or amend remains with the Council.

The Presiding Officer asked that if in case an investment falls into any of the three classifications, she asked if that would automatically qualify them to the incentives or the investor still needs to comply with the other requirements before availing of it. Councilor Perez explained that if the investment capitalization falls to any of the classification, the investor is still required to secure the necessary permit but the investment center shall assist them for easier processing. There is a non-refundable fee of PhP5,000.00 and the following requirements are to be submitted: 3 copies of completed application form; complete project study of the proposed investment showing that the project is economically, technically and financially feasible/viable; articles of incorporation and by-laws from SEC or BOI; certified true coy of certificate of registration with SEC, BOI and DTI; and resolution of applicant’s Board of Directors, in case of a corporation, authorizing the filing of application.

Councilor Perez clarified to the Presiding Officer that said investors shall have exemption only in fees as listed but permits are still to be secured.

Councilor Marzan commented that not all businesses may be able to avail of the fiscal incentives because of the provision in the draft regarding preferred areas of investment that may limit the investors chance to avail of it. She cited as an example the 7 Eleven Stores which when located in an area not encompassed by the “preferred area of investment”, that investment though with enough capitalization will not enjoy the fiscal incentive in the Investment Code.

The Presiding Officer made a follow up question similar to the concern of Councilor Cortez earlier of what would happen next when a certain preferred area of investment reached its saturation of business establishments.

Councilor Perez responded that Section 14 of the draft states that upon the recommendation of the Board an area or activity may be removed from the list of preferred areas of investment, based on the following:

a. Sufficient investment on the area or activity has been attained;

b. The continued incentive or support measures for the specific investment area is no longer of interest to the city;

c. The investment area cannot attract investors within reasonable time and cause or may result to unfavorable business climate.

The Councilor said that as suggested, the phrase “subject to the approval of the Council” shall be added.

Councilor Cortez queried on the laws set for foreign investors especially on retailing, and another, if a special working visa will be given to them.

According to Councilor Perez the proposed ordinance shall conform with existing national laws like RA 6040 and the Retail Trade Liberalization Tax. As regards to the employment, stated under Section 17, letter e, that: “the new enterprise will provide out of the labor force an employment of no less than 10 persons for Small Scale; at least 20 persons in the case of Medium Scale; and at least 100 persons for Large Scale investments, who are bonafide residents of Olongapo. The Councilor said that all the additional businesses shall definitely be required to hire more people from the City of Olongapo. However, under Section 18, letter e, option to hire a non-local of Olongapo, whether a Filipino or foreigner will be allowed. The foreigner is subject to acquire the necessary permit from the Labor Department.

Councilor Marzan requested Councilor Perez to define further the preferred investment areas. The Councilor’s other concern were the healthcare and wellness centers. Since there are already a lot of long existing hospitals, medical and dental clinics, the addition of similar nature of businesses in preferred investment areas might not be fair to them since the new ones will be able to avail of the incentives for the reason of being located in the preferred areas of investments. So, Councilor Marzan suggested that the preferred areas be placed in communities which lack these kind of services.

Councilor Gie Baloy also suggested to enact the Investment Code in areas like Cabalan.

Councilor Lipumano-Garcia supported the suggestion of Councilor Gie Baloy, to look for an investment area like Cabalan, and Barretto

Councilor Perez explained that the concerns mentioned would be more appropriately addressed by technical people who will eventually be hired with the approval of the ordinance. The Investment Board shall be the policy makers, but the long-work and technical study will be done by people with expertise. The Councilor mentioned that under Section 8, the following personnel will be hired: An Investment Development Officer, as the head of the Center; 2 Investment Development Specialists, to study the locations; Economic Researcher, to study the viability of the business areas; and administrative staff. There will also be representatives from the City Planning, City Engineering and ESMO to ensure that the necessary requirements of the City will be complied with. She explained further that as City Councilors, their main thrust is to legislate, create ordinances that would be for long-term. She said that as a Masscom graduate and as a legislator, she’d rather leave the part of studying the area and the proposed requirements of the code to the experts, to the technical people.

The Presiding Officer informed the body that the Comprehensive Land Use Program of the City of Olongapo should form part and parcel of the study of the Investment Board, it should be a vital basis.

Councilor Perez mentioned that under Section 9, the powers and duties of the center, in letter d, one of the functions of the Investments Center is to collate, analyze and compile pertinent data and information and conduct studies that were declared or may be declared as preferred areas of investments.

Councilor Marzan pointed out that first, there is a need to know the content of the Investment Code in details, including the specific areas, so as to ensure that the city will pass the guidelines set by the DILG, because by merely passing an Investment Code doesn’t necessarily follow that the city will pass the set guidelines.

Councilor Perez told the body that on July 11, she forwarded copies of the draft to the offices concerned for their review and recommendations, and on July 25, it was placed for first reading during the regular session and she provided each member of the council a copy for comments and recommendations. She likewise called for Committee Hearing and Public Hearing. She opened it up for discussion and furnished each once again a soft copy for their final recommendations which she was willing to study and review.

Councilor JC delos Reyes reiterated that the Investment Code should not be too specific, but at least general in nature, to be able to stand the test of time and to stand the test of different situations and changes in the city. The Code itself is sufficient in form and substance, and will just need to have the so-called supplemental legislation. The “areas” to be determined shall be part of the IRR or Board Resolution which will in turn should pass the test of sufficiency subject to the approval of the Council.

It was then suggested by Councilor Marzan to create the Investment Board instead, to be the technical working group, which will write the recommendations to the Council so that the body will see the closer picture of what it needs to know.

Councilor Jong Cortez also gave a suggestion to study the IRR of SBMA Investment Code and adopt whatever is applicable to the city.

Councilor JC delos Reyes commented that several laws passed were non-self executing and needs IRR. Similarly, according to the Councilor, the creation of the Board and the IRR cannot precede the passage of the Ordinance. The Ordinance will give the mandate that it would be necessary to create the Board and the IRR, through supplemental legislations.

Councilor Marzan commented that the TWG can be created or create the Board itself like the City Planning and Development Office, and the City Engineering Office to assist Councilor Perez in her legislation and to help in putting in the details not specified in the draft due to inadequacies in knowledge and skills on technicalities.

For her final words, Councilor Perez said that she studied the Investment Code of the provinces of Bulacan, Naga, Baguio, Pampanga and Bacolod. Olongapo City is not far from their status with the right people to man the Investment Center. She added that she will review and study all the recommendations given.

After the long discussion, Draft Ordinance No 2007 – O-05 – An Ordinance Enacting The Olongapo City Investment Code Of 2007 was deferred by the body, on motion of Councilor Perez.

2. On motion of Councilor delos Reyes, Draft Resolution No. 2007 – R-11 – A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter 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 And Operations was deferred to give the Councilor more time to review the proposed resolution.

3. Draft Resolution No. 2007 – R-29 – “A Resolution Approving The Concreting Of Road At Cristobal Street (Baltazar Street – Sta. Rita 0-230), Sta. Rita, Olongapo City, Worth One Million Two Hundred Sixty-Seven Thousand Three Hundred Twenty Three Pesos And Forty-Three Centavos (PhP1,267,323.43)”, was approved unanimously on second and final reading on motion of Councilor Anselmo Aquino. This measure is co-sponsored by Councilors Piano and Cerezo.

4. On motion of Councilor Aquino , Draft Resolution No. 2007 – R-30 – “A Resolution Approving The Concreting Of Road And Construction Of Drainage System Of Magiting Street, Del Rosario Street-Dead End, Sta. Rita, Olongapo City, Worth Two Million Two Hundred Forty-Nine Thousand Five Hundred Forty-Eight Pesos And Nineteen Centavos (PhP2,249,548.19)” was approved unanimously on second and final reading. This resolution is co-sponsored by Councilors Piano and Cerezo.

5. On motion of Councilor Aquino, Draft Resolution No. 2007 – R-31 – “A Resolution Approving The Asphalt Overlay Of Road At Camia Street, Sta. Rita (Filtration Street – Amapola Street), This City Worth One Million Seven Hundred Forty-Seven Thousand One Hundred Eleven Pesos And Eighty-Four Centavos (PhP1,747,111.84)”, was approved unanimously on second and final reading. This measure is co-sponsored by Councilors Piano and Cerezo.

6. On motion of Councilor Marzan, Draft Ordinance No. 2007 – O-07 – “An Ordinance Reverting The Amount Of Forty-Two Thousand Pesos (PhP42,000.00) From The Account Wages And ADCOM Under Personnel Services To The Item Ordinary Expenses Under MOOE Of The Office Of The Sangguniang Panlungsod,” was deferred.

7. Draft Resolution No. 2007 – R-32 – “A Resolution Approving The Concreting Of Road And Construction Of Drainages System At Cristobal Street, (Sta. Rita Road-Cristobal Extension) Sta. Rita, Olongapo City, Worth Four Million Thirty-Eight Thousand Three Hundred Seventy-Six Pesos And Ten Centavos (PhP4,038,376.10) As Additional Priority Project For Cy 2007,” was approved unanimously on second and final reading on motion of Councilor Anselmo Aquino. This is co-sponsored by Councilors Piano and Cerezo.

Councilor Marzan informed the body for items 8, 9, 10 and 11, she reviewed the resolutions submitted by Barangay New Cabalan in compliance with the ordinance of Councilor JC requiring all barangay resolutions to be submitted to the Sanggunian for review to see if what were written are within the powers of the barangay. Councilor JC clarified that under the Local Government Code, in certain Sections, the law provides that the Sanggunian must review barangay ordinances, however, there are also provisions under the function of the Sangguniang Panlungsod, which specifies that one of the powers of the Sangguniang Panlungsod is to review not only ordinances but also resolutions and executive orders. What he sponsored is a Resolution not an ordinances asking the barangays to conform with the law where they are mandated to submit their ordinances for review.

Councilor Marzan insisted that under Section 458, (l)(i) of the Local Government Code, only ordinances are to be reviewed by the Sanggunian. Since they have the resolution sponsored by Councilor JC, they can exercise their police power by also reviewing barangay resolutions.

The Chair also expressed her observation that most of the time barangays never pass ordinances, they are always in the form of resolution even in appropriations. Like what Barangay New Cabalan has submitted are all resolutions. There is a need, according to her, to re-orient the barangays on the process of legislation by teaching them how to differentiate ordinances from a resolution in order to correct the old practice that they have gotten used to.

Councilor JC agreed that it was a defect in the process that needs to be corrected.

Councilor Marzan added that whether it is a review of a a resolution or an ordinance, far more important is that the law should prevail. This means that what is considered the intention of the legislation, which makes it valid because it promotes public interest.

8. After a thorough discussion on the matter, Draft Resolution No. 2007 – R-33 – “A Resolution Certifying Barangay New Cabalan Resolution No. 7, Series Of 2007 In Conformity With The Existing Law And Within The Sangguniang Barangay’s Prescribed Power,” was unanimously approved on second and final reading, on motion of Councilor Marzan.

9. On motion of Councilor Marzan, Draft Resolution No. 2007 – R-34 – “A Resolution Certifying Barangay New Cabalan Resolution No. 9, Series Of 2007 In Conformity With The Existing Law And Within The Sangguniang Barangay’s Prescribed Power,” was approved unanimously on second and final reading.

10. On motion of Councilor Marzan, Draft Resolution No. 2007 – R-35 - “A Resolution Declaring Sangguniang Barangay New Cabalan Resolution No. 12, Series Of 2007 Invalid In Part And Returning The Same For Their Correction,” was approved unanimously on second and final reading.

11. On motion of Councilor Marzan, Draft Resolution No. 2007 – R-36 – “A Resolution Certifying Barangay New Cabalan Resolution No. 13 And No. 15, Series Of 2007 In Conformity With The Existing Law And Within The Sangguniang Barangay’s Prescribed Power,” was approved unanimously on second and final reading.

12. On Draft Ordinance No. 2007 – O-08 – “An Ordinance Providing Educational Privileges To All Barangay Officials, Their Dependent Children, And The SK Officials Of The City Of Olongapo To The City Operated Tertiary Schools/Colleges/Universities,” Councilor Marzan moved for its approval with the copy of the ordinance presented in power point. Councilor Perez made a query if there was a certificate of availability of funds issued since there was an appropriation. Councilor Marzan explained that there is no need for the certificate of availability of funds because the appropriation is for the Budget Year 2008-2009 in the amount of PhP15 Million. There was a substantial decrease of PhP500,000.00 after making arrangements with the Budget Officer and after considering other possibilities to make the project more feasible. This could also have an effect on the budget of the Barangay and SK Officials if ever the election will push thru.

Councilor Perez also asked for the failing mark that will cause the revocation of the privilege. Councilor Marzan informed her that the failing mark is 70 and below. She explained further that under this privilege, what is given free is the Tuition and Matriculation fees excluding Miscellaneous fees. A failing mark forfeits the privilege, but the student can re-apply. There will be 65 slots available: 30 slots for SK officials, excluding SK Chairman, 30 slots for Barangay Officials, then the remaining slots will be allotted for the extra dependents. In cases of drop-outs this will totally revoke the privilege and the student will not be given the chance to re-apply. She also informed Councilor Cortez to his question that any courses can be taken by the student for as long as they are inclined to take it.

In addition, Councilor Perez suggested to the proponent if it would be possible to include an implementing rules and regulations to accompany the proposed ordinance which will serve as guide if more queries will arise.

Councilor Marzan indicating some portions of the ordinance in her powerpoint presentation, said that the guidelines are already set. It is not an IRR but the Councilor said that this will suffice, just for the purpose of having some guidelines.

As for Councilor JC’s request, the proponent informed everyone that she also was able to secure a copy of an endorsement from the Board of Trustees of Gordon College which will also form part of the ordinance. It was also classified during the discussion that the 65 slots allotted to the students are already fixed and can no longer have an additional number. This is good for the whole school year, as well as the PhP500,000.00 appropriated for this. A slot can only be opened for an applicant if there would be a drop-out. An applicant will be qualified if he/she passed in the entrance examination and ranked high.

Councilor Lipumano asked if there was a need for them to appropriate PhP500,000.00 annually for this program. Councilor Marzan explained that every year they have to check if the amount of PhP500,000.00 is included in the budget of the City Mayor thru the scholarship fund. This amount is payable to the Gordon College.

The Presiding Officer queried what happens when the government cannot sustain the amount of PhP500,000,00 annually. In this case, according to Councilor Marzan, the city will be indebted to the Gordon College, if the City can no longer subsidize the scholars. The scholars will be allowed to finish their course. After which, the privilege will be withdrawn from the barangay and SK Officials. She explained further that things like this are happening with the other state universities, where applicants, not from the locality were refused admission due to budgetary constraints. This was also the reason according to Councilor Marzan why we made a request for Congress that every state university should comply with uniform guidelines since it is also a violation of the Local Government Code to reject admission of students. The Councilor said it was better that the city makes its own regulations with regard to barangay and SK Officials to make things clear for everybody and set the records straight.

Councilor Marzan further explained that the city has a PhP5 Million subsidy for Gordon College and the PhP500,000.00 is still not part of it this which is also the reason why our appropriation was reduced. She said that there will be no problem if the PhP500,000.00 will be considered to be discontinued every year.

Councilor Perez asked for the ratio of the paying and non-paying students in Gordon College. Councilor Marzan replied that she has yet to be informed on the matter but the monetary value has reached PhP13 Million, so they were to divide it by PhP10,000.00, more or less, that is number of scholars who are not paid by the city. As to the financial status of Gordon College, according to Councilor Marzan, it can still support the needs of the college and can still pay the salaries of the employees. But, definitely by next year, she was informed that the college will be increasing the laboratory fees to cope up with the high laboratory cost.

In case of drop-outs due to sickness of students, the same will get a failing mark. Councilor Marzan also agreed with the recommendation of Councilor Perez for the Board of Trustees to come-up with specific guidelines for the effective implementation of this ordinance. She will work it out together with the help of Councilor Piano to provide the Council with a copy.

After thorough discussion of the matter, on motion of Councilor Marzan, Draft Ordinance No. 2007 – O-08 – “An Ordinance Providing Educational Privileges To All Barangay Officials, Their Dependent Children, And The SK Officials Of The City Of Olongapo To The City Operated Tertiary Schools/Colleges/Universities,” was approved unanimously on second and final reading.

13. On Draft Ordinance No. 2007 – O-09 – “An Ordinance Appropriating An Additional Amount Of Three Hundred Thousand Pesos (PhP300,000.00) For The Olongapo City Skills Training Program,” since Councilor Piano, the proponent was not present, some information on the total numbers of welding trainees that the city have trained and the number of those who were employed was inquired upon the data was provided by Mr. Jecoy Ballon, a staff of Councilor Piano. According to Mr. Ballon , a total of PhP1.5 Million were already appropriated for the skills training and a total of 3,000 trainees graduated and were hired by the Koreans. Those who were not hired were given recommendations to be hired. He added that a total of 52 batches were trained by the city. From information gathered, 930 employees of Hanjin were from Olongapo. Councilor Cortez asked how much was being spent per trainee out of the appropriation given . Councilor Marzan helped in providing the answer to this.

After a long discussion, Councilor Marzan moved to defer the approval of the draft Ordinance.

Other Matters

A. On motion of Councilor Marzan, Draft Ordinance No. 2007 - O-10 – “An Ordinance Appropriating The Amount Of Nine Million Five Hundred Twenty One Thousand Six Hundred Fifteen Pesos (Ph P9,521,615.00) To The Item Salaries And Other Related Benefits Under Personal Services Of Various Departments, To Be Taken From The Unappropriated Balance Of The General Fund,” was approved unanimously on second and final reading.

B. Draft Ordinance No. 2007 – O-11 – “An Ordinance Appropriating The Amount Of Three Million Eight Hundred Thousand Pesos (PhP3,800,000.00) To The Item Subsidy To National Government Office – Department Of Education Under The Maintenance And Other Operating Expenses Of The Office Of The City Mayor To Be Taken From The Unappropriated Balance Of The General Fund.” according to Councilor Marzan this refers to the financial assistance of the City Mayor the 38 public elementary and high schools which will be used to finance the various projects of their respective schools. She explained that it was the principals of the schools who identified where to use the money. In the past, it was the Department of Education which determines this. She also recalls that in the past, the problem of the schools in their water and electric bills were solved through the help of the partial assistance extended to the schools. This time it’s the PTCA and the Principals of 38 public elementary and high schools which also includes the SPED-G, who will decide. Sponsored unanimously.

The discussion centered on how is the money is going to be distributed to the 38 schools. According to Councilor Lugie, some schools asked it this will be in the form of cash or as a project proposal worth PhP100,000.00. Councilor Marzan emphasized that its in the form of project proposal which what has been agreed upon during the educational forum. It was made clear to everybody in the meeting. She explained also that its going to be a tedious process on the part of the principals if it will be given to them in cash form, because this will have to undergo the liquidation process. She also explained to Councilor Cortez that the manner of extending the assistance depends upon the request of the school, if in the form of materials or in the form of labor works.

Finally, the aforementioned Draft Ordinance No. 2007-O-11, was approved unanimously on second and final reading, on motion of Councilor Marzan.

C. Draft Ordinance No. 2007 – O-12 – An Ordinance Appropriating The Amount Of Twenty Nine Thousand Two Hundred Ninety Three Pesos (PhP29,293.00) To The Item Funding Of The Position Planning Officer II, Salary Grade (SG) 15 Under Personal Services Of The City Planning And Development Office To Be Taken From The Unappropriated Balance Of The General Fund, refers to Mr. Lino Maniago, who was promoted thereby needs an additional funding of PhP29,293.00 for the whole year. After presenting the endorsement from the City Mayor and the Certificate of Availability of Funds, the said Draft Ordinance was approved unanimously its second and final readings, on motion of Councilor Marzan.

D. Draft Ordinance No. 2007 – O-14 – “An Ordinance Appropriating The Amount Of Ninety Nine Thousand Pesos (PhP99,000.00) To The Item Extraordinary Expense – Election Expense Under Maintenance And Other Operating Expenses Of The Office Of The City Mayor To Be Taken From The Unappropriated Balance Of The General Fund.” This was a request from Atty. Lydia B. Florentino of the COMELEC with an indorsement from the City Budget Office and properly referred to the City Mayor which will be used to pay the honorarium for the members and support staff of the City Board of Canvassers and Sub-Canvassing committees for their services rendered during the canvassing period last May 14, 2007.

After giving them the assurance that she will secure a copy of the list of employees who will be paid to form part of the attachment, on motion of Councilor Marzan Draft Ordinance No. 2007 – O-14, was approved unanimously on its second and final reading

D. Draft Ordinance No. 2007 – O-16 – An Ordinance Appropriating The Amount Of Forty Eight Thousand Pesos (PhP48,000.00) For The Philippine Councilors League (PCL) And Vice-Mayors League Of The Philippines Membership And Registration Fees To Be Taken From The General Fund, Councilor Perez gave an assurance that there is a copy of a Certificate of Availability Funds from the City Treasurer and upon her motion, Draft Ordinance was approved unanimously on its second and final reading.

E. On motion of Councilor Cerezo, Draft Resolution No. 2007 – R-41 – “A Resolution Congratulating And Recognizing Barangay Sta. Rita For Winning The Regional Gawad Kalasag As The Best Barangay Disaster Coordinating Council In Region III”, was approved unanimously on its second and final reading

F. On motion of Councilor Cerezo, Draft Resolution No. 2007 – R-42 – “A Resolution Congratulating And Recognizing The Olongapo City Disaster Coordinating Council For Winning The Regional Gawad Kalasag For The Best City Disaster Coordinating Council”, was approved unanimously on its second and final reading.

G. Councilor delos Reyes moved as an urgent matter Draft Resolution No. 2007 – R-44 – “A Resolution Adopting The Experimental Implementation Of The Body Number Coding For Public Utility Jeepneys J-01 And J-011 From The Effectivity Of This Resolution To September 30, 2007 As Part Of Public Consultations.” The Councilor also requested Councilor Jong Cortez to be a co-sponsor

After through discussion, the draft resolution was approved unanimously on its second reading.

Adjournment

There being no further matters to be discussed, the session was adjourned at 7:35 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