Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON AUGUST 22, 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 3:45 in the afternoon.

Roll Call

With twelve (12) Members and the Presiding Officer present, a quorum was declared

Reading and Adoption of Minutes

Since the minutes of the previous regular session, dated July 25, 2007 is not ready yet, on motion of Councilor Edwin J. Piano, 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 Marey Beth D. Marzan read the items on 1st and 2nd reading, to wit:

First Reading:

1. Draft Ordinance No. 2007 – O-18 – An Ordinance Abolishing The Position Of One (1) Executive Assistant III, Item No. 12 And Creating One (1) Position Of Executive Assistant II Under The Office Of The City Mayor. Sponsored by Councilor Gina G. Perez. (Referred to the Committee on Personnel and Organizational Development)

2. Draft Ordinance No. 2007 – O-19 – An Ordinance Providing For Annual Physical And Dental Check-Up Of Olongapo City Government Employees. Sponsored by Councilor Edwin J. Piano. (Referred to the Committee on Health)

3. Draft Resolution No. 2007 – R-51 – A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into Memorandum Of Agreement With BSP-James L. Gordon Council Represented By Dr. Ligaya B. Monato, For The Perpetual Use Of A Parcel Of Land Located At The South-West End Of Tapinac Elementary School, For James L. Gordon Council-BSP Headquarters. Sponsored by Councilor Edwin J. Piano. (Referred to the Committees on Lands and Laws)

4. Draft Resolution No. 2007 – R-52 – A Resolution Approving The Annual Budget Of Barangay Barretto, City Of Olongapo For The Calendar Year 2007. Sponsored by Councilor Edwin J. Piano. (Referred to the Committee on Ways and Means)

Second Reading:

1. Draft Resolution No. 2007 – R-47 – A Resolution Approving The Acquisition Of A Dredging Machine For The Use Of Regular Desilting/Dredging And Maintenance Of All Rivers In The City. Sponsored by Councilors Anselmo A. Aquino, Edwin J. Piano and Rodel S. Cerezo

2. Draft Resolution No. 2007 – R-48 – A Resolution Creating The Cooperative Development Councils, Pursuant To Article 2 Of The Cooperative Code Of The Philippines And Executive Order No. 95, Series Of 1993, And Adopting The Guidelines Thereof For Its Formation Under The Aegis Of The Cooperative Development Authority. Sponsored by Councilor Elena C. Dabu

3. Draft Resolution No. 2007 – R-49 – 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. Sponsored by Councilors Angelito W. Baloy and Marey Beth D. Marzan

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

5. Draft Resolution No. 2007 – R-39 – A Resolution Superseding Resolution No. 77 And No. 78, Pertaining To The Commendation Of Councilor Noel Atienza And Vice-Mayor Rolen Paulino. Sponsored by The Majority Party

6. 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

7. 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

Councilor Marzan moved for the amendments on the title of “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” to “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 Seventy Seven Million Four Hundred Seventy Six Thousand (PhP177,476,000.00) For The Purpose Stated Herein And To Sign The Loan Agreement, Deed Of Assignment, The Promissory Note And Other Documents Related Thereto”.

Councilor Dabu manifested to amend the title of “A Resolution Creating The Cooperative Development Councils, Pursuant To Article 2 Of The Cooperative Code Of The Philippines And Executive Order No. 95, Series Of 1993, And Adopting The Guidelines Thereof For Its Formation Under The Aegis Of The Cooperative Development Authority” to An Ordinance.

Lastly, Councilor Piano moved to include in the first reading “An Ordinance Appropriating The Amount Of One Million Seven Hundred Fifty Seven Thousand Eight Hundred Eighty Pesos (PhP1,757,880.00) For The Improvement Of PUD Computerized System To Be Taken From The Unappropriated Balance Of The General Fund (2007 IRA Adjustment). (Referred to the Committees on Appropriations and Utilities)

Hearing no other observations, on motion of Councilor Marzan, the body approved the Day’s Agenda as amended.

Communications and Referrals of Business

Communications Read:

1. Memorandum from the City Mayor to All Personnel of the Traffic Management & Public Safety Office (OTMPS); All Newly Hired City Government Employees regarding Bilis Aksyon Program Seminar on August 28, 2007 from 8:00 a.m. to 12:00 noon. at the FMA Hall, this City and the seminar aims to discuss and instill among others, positive values that government employees must posses to effectively efficiently serve the public. (For compliance and follow-up by the secretariat)

2. Letter from Rolando DR. Anonuevo, Police Senior Superintendent (DSC), Officer-In-Charge, CIDG to the, Council Secretary, which refers to the letter dated August 2, 2007 addressed to the Chief of the Philippine National Police, requesting for the immediate relief or transfer of P/SUPT Ritchie Medardo A. Posadas as Head of the Local CIDG in Olongapo City for the reason as stated and thru this letter we are informed that effective 2 July 2007 or even before receipt of our letter, P/SUPT Ritchie Medardo A. Posadas has already been relieved as Chief of the CIDG, Provincial Office based in Olongapo City pursuant to Office Order NR 23 issued by the 3rd Regional Criminal Investigation and Detection Unit (3RCIDU) in Camp Olivas, San Fernando Pampanga. . (For information and guidance)

3. Endorsement letter from the City Vice-Mayor to Hon. Edwin J. Piano, City Councilor regarding the letters of Mr. Maharlika Linzaga for study and recommendation and also the attached legal suggestion of the City Legal Officer for information and guidance. (Referred to the Committee on Telecommunications)

4. Letter from Elizabeth J. Daduya, Supervising Administrative Officer to City Mayor James "Bong" Gordon thru: Vice-Mayor Cynthia G. Cajudo following-up her and staff Connie E. Roldan's plantilla positions which have been requested since December 2004. (Referred to the Committee on Personnel and Organizational Development)

5. Letter from Councilor Edwin J. Piano, Training Director for the Hon. James Gordon, Jr., City Mayor regarding the lists of Skills Training Center Graduates hired by Hanjin in their Shipbuilding Project. One Thousand Three Hundred Thirty Seven (1,337) of the current Hanjin Shipbuilding employees are from Olongapo Skills Training Center. (For information and guidance)

6. Copy of a Teambuilding Seminar/Workshop of the Sangguniang Panlungsod Members and staff to be held on August 24, 25 and 26, 2007 at La Roca, Los Banos, Laguna. (For guidance of all concerned)

7. Inter-Office Memorandum from Johnny B. Choa, City Budget Officer to Josephine P. Nieves, City Gov't. Assistant Department Head II (Asst. City Budget Officer) regarding her Designation as Officer In Charge. Mr. Choa, together with the City Mayor will be on study tour to National City, California, U.S.A. in connection with our Sister-City Relationship with the National City on August 20 to September 07, 2007. (For information and guidance)

8. Memorandum from Hon. Luis R. Grospe, Punong Barangay, East Bajac-Bajac, Olongapo City for Hon. Cynthia G. Cajudo, City Vice-Mayor regarding request for Calamity Fund. (Referred to Councilor Cerezo)

9. First Endorsement from the City Mayor to this body the copy of the Memorandum of Agreement entered into by and between Global City Innovative College Subic International Incorporated, (GCICSII) represented by its Vice-President for Administration Corazon B. Guanco and the City Health Department represented by the City Mayor. (Referred to Committees on Health and Laws)

10. Complaint Affidavit of Santiago L. Columbrites against Brgy. Captain Alejandro Ubungen, New Cabalan, this City for Sabotage Grave Misconduct and Grave Abuse of Authority with incriminatory machination against Barangay Elected Official. (Referred to Committee on Laws, Group I/Division I)

11. Letter for the City Vice-Mayor from Romeo S. Manalo, complainant submitting the copy of first endorsement letter dated July 3, 2007 of the City Prosecutor's Office, Olongapo City for inclusion on Administrative Case No. 24, Romeo Manalo vs Z. Cabiling. (Referred to the Committee as a Whole)

12. Another letter from Romeo S. Manalo for the City Vice-Mayor submitting the copy of "Local Government Code: Power Of The Municipal Mayor To Appoint Or Remove With Concurrence Of The Sangguniang Bayan, Section 444 (5) requesting for inclusion in his file folder on Case Nos. 28 and 29. (Referred to the Committee as a Whole)

13. Motion/Manifestation from Romeo S. Manalo for the City Vice-Mayor regarding Admin. Case No. 22, R. Manalo vs. Z. Cabiling; Admin Case No. 23, R. Manalo vs. PJ Payawal; Admin. Case No. 24, R. Manalo vs. Cabiling; Admin Case No. 28 and 29, R. Manalo vs. Cabiling and Admin. Case No. 21 & 27, R. Manalo vs. F. Nacino. (Referred to the Committee as a Whole)

Item Nos. 11, 12 and 13 for discussion next week.

14. Letter from Thomas L. Chamos, Municipal Councilor, La Trinidad, Benguet Province to Hon. City Vice-Mayor requesting for an Ordinance pertaining to Health and Environment regulating the establishment of a funeral parlor. (For information and guidance)

15. Memorandum from the City Vice-Mayor addressed to All Honorable Members of the Sangguniang Panlungsod, SP employees and Confidential Aides regarding the Teambuilding/Lakbay-Aral at Los Banos, Laguna on August 24, 25 and 26, 2007 and enjoining presence and participation. (For information of the body)

16. Letter from Connie E. Roldan, Admin Officer I, Office of the City Library addressed to the City Mayor thru: the Hon. City Vice-Mayor Cynthia G. Cajudo informing that she served the City Government from 1983 up to present. With all the educational qualification, experiences and knowledge on library works she feels confident that she can apply for the position of Bookbinder IV SG-10 or Encoder III, SG-10 which will give her the chance to be in a permanent status. (For information and guidance and for study of Personnel and Organizational Development)

17. Copy of Resolution No. 37, Series of 2006 and Appropriation Ordinance No. 1, Series of 2007 of Barangay Barretto, this City. (Referred to the Committee on Ways and Means)

18. Certification dated August 22, 2007 issued by Dennis R. Martinez, City Accountant, certifying that they have assessed the financial proposal of the Environmental and Sanitation Management Office on its Solid Waste Containerization project in the amount of PhP177,476,000.00 and based on their assessment they concluded that there are no current available internal funds of the City to finance the said project and they are recommending that external resources should be secured whether through grants or loan financing, in order to fund the said project. And in case of loan financing, they recommend that we negotiate for the most advantageous terms and conditions that will assure the self – viability and sustainability of the project without detriment to the other programs sustained by the General Fund. (For information and guidance)

19. Project Cost System and Equipment Cost for Containerization, New Collection Vehicles and Hydraulic Lifting Devices and Information, Education and Communication with the total project cost estimated at PhP151,792,220.00. (For information and guidance)

20. Copy of General Conditions Applicable to term loan agreement under the DBP Retail Lending. (For information of the body)

21. And the last one is the letter of Kgd. Lydia D. Demorse, Chairperson, Committee on Ways and Means, Brgy. Barretto, for the Vice Mayor seeking enlightenment on the function of the Barangay Council to hold a fund raising activity for barangay projects. (Referred to the Committee on Laws and Councilor Marzan)

22. The Chair informed the body about the launching and the signing of agreement with the Olongapo City Subic Bay Cancer Care Network Foundation aka SOCFI. This project is dubbed, “Yosi Break” which a campaign for the no smoking for young people below 18 years old. They received a grant amounting to PhP300,000 from Philip Morris.

23. The Chair announced to the body her appointment as the Adviser of 2007 City Fiesta Committee from the City Fiesta 2007 Chairman Councilor Angelito W. Baloy

Committee Reports

Being the Committee Chair on Livelihood, Councilor Dabu informed everyone about the Barangay Consultation Livelihood Program held at Barangay Gordon Heights last August 19 which was attended by representatives from the different organizations. As Committee Chair on Women, in line with the celebration of Breastfeeding Month, there were activities and Seminars held in the different health centers in coordination with the City Health Department.

Councilor Perez informed the body of the anticipated tourism related activities. Together with the other members of the Olongapo City Tourism Council they held a meeting wherein they discussed the preparations for the Advertising Congress 2007 which will be on November 21, 22 and 23. In coordination with the DOT, a seminar and a technical planning session will be conducted by the Task Force Tourism. A city wide clean-up drive is scheduled on September 22, to be participated in by all sectors.

In addition, she also mentioned in her report the seminar attended by all council members which was conducted by the Civil Service Commission. This pertains to Personnel Administration.

Councilor Marzan reported the GAD Development Structural Workshop, she attended together with Vice Mayor Cajudo last August 16 and 17. This is in relation with the GAD Code previously passed by the City Council. The IRR for this is still being finalized for approval once the members of Council is convened thru an Executive Order. According to her, a similar IRR for the Gender Development Advocacy is expected to be presented by all Lady Councilors and Lady Vice Mayor as proponents.

Calendar of Business

Second Reading:

1. On motion of Councilor Aquino, “Draft Resolution No. 2007 – R-47 – A Resolution Approving The Acquisition Of A Dredging Machine For The Use Of Regular Desilting/Dredging And Maintenance Of All Rivers In The City.”, was approved unanimously on second and final reading.

2. Draft Ordinance Creating The Olongapo Cooperative Development Council (OCDC) Pursuant To Article 2 Of The Cooperative Code Of The Philippines And Executive Order No. 95, Series Of 1993, And Adopting The Guidelines Thereof For Its Formation Under The Aegis Of The Cooperative Development Authority, was deferred by Councilor Dabu for further study.

3. Draft Resolution No. 2007 – R-49 – “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”, was approved unanimously on second and final reading on motion of Councilor Angelito Baloy

4. On motion of Councilor Perez, Draft Ordinance No 2007 – O-05 – “An Ordinance Enacting The Olongapo City Investment Code Of 2007”, was approved unanimously on second and final reading.

5. Draft Resolution No. 2007 – R-39 – “A Resolution Superseding Resolution No. 77 And No. 78, Pertaining To The Commendation Of Councilor Noel Atienza And Vice-Mayor Rolen Paulino” was tabled, on motion of by Councilor Piano.

6. 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”, was deferred on motion of Councilor Marzan.

7. 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 Seventy Seven Million Four Hundred Seventy Six Thousand (PhP177,476,000.00) For The Purpose Stated Herein And To Sign The Loan Agreement, Deed Of Assignment, The Promissory Note And Other Documents Related Thereto, was discussed by Councilor Marzan. Giving the assurance that a copy of the Certificate of Availability from the Accounting Office has been secured and the resolution will be accompanied with pertinent attachments such as, a letter from the City Accountant recommending the borrowing of funds to finance the Solid Waste; a copy of financial statement submitted to COA; a copy of DBP general agreement loan and the approved Ecological Solid Waste Management Plan of the City, altogether.

Councilor Lipumano-Garcia expressed her right as a Minority to be part of the bidding process but, Councilor Marzan explained that there are changes made under the New Procurement Code. She added that this will be a supervised loan under DBP.

Councilor Perez, however, expressed her concern over the response of ESMO with regards to the reminder from the Environment Management Bureau to address the problem on the safe closure and rehabilitation of the landfill.

After a thorough discussion of the matter, the proposed resolution was approved by the majority vote, with Councilor Lipumano-Garcia abstaining.

Other Matters

A. Councilor Marzan moved for a reconsideration of “An Ordinance Withdrawing Portions (As Described In The Attached Site Development Plan) Of The Volunteers Park From Public Use And Declaring Them As Patrimonial Property Of The City”.

Former version of the proposed ordinance according to the proponent, provides that the whole stretch of the Volunteers Park shall be proclaimed as patrimonial property of the City. This was however, changed to “An Ordinance Withdrawing Portions (As Described In The Attached Site Development Plan) Of The Volunteers Park From Public Use And Declaring Them As Patrimonial Property Of The City”. The portion being mentioned is identified as Area III or the SARS area and parking area. It will be withdrawn from public use and to be declared as a patrimonial property so that it can be leased to the Botika ng Bayan. She reiterated her motion invoking provisions in the parliamentary rules that “a dead motion can be reconsidered on the next session”.

For the question on the reconsideration of the matter, majority voted in favor with Councilor Aquino opposing.

To make it clear to everyone, whatever proceeds that will be generated from its operations, will be allocated for the development of specific programs, such as Health, Parks and Playgrounds. The aforementioned ordinance is subject to bidding and approval of the City Council.

After a lengthy discussion, majority of the Members of the Body voted for the said measure. Councilors delos Reyes, Lipumano-Garcia and Aquino opposed.

B. On motion of Councilor Piano, Draft Resolution No. 2007 – R-52 – “A Resolution Approving The Annual Budget Of Barangay Barretto, City Of Olongapo For The Calendar Year 2007”, was approved unanimously on second and final reading

Adjournment

There being no further matters to be discussed, the session was adjourned at 5:04 in the afternoon.

I HEREBY CERTIFY TO THE

CORRECTNESS OF THE FOREGOING:

ELFLIDA S. SALMON

Council Secretary

ATTEST:

CYNTHIA G. CAJUDO

City Vice-Mayor & Presiding Officer