Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON OCTOBER 3, 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 5:05 in the afternoon.

Roll Call

With eleven (11) Members and the Presiding Officer present, a quorum was declared

Reading and Adoption of Minutes

On motion of Councilor Gina G. Perez, the body deferred the approval of the Minutes of the Regular Session dated August 15, 2007 which was not ready.

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 Ordinance No.2007- O-29- An Ordinance Addressing The System Of Prostitution, Imposing Penalties On Its Perpetrators, Providing Protective Measures And Support Services For The Prostituted Persons, And For Other Purposes. Sponsored by Councilor Gina G. Perez

2. Draft Resolution No. 2007 R- 72 - A Resolution Authorizing The City Mayor To Enter Into A Deed Of Donation With Subic Bay Metropolitan Authority (SBMA) For The Conveyance Of Subic Bay Metropolitan Authority Properties. Sponsored by Councilor Edwin J. Piano

3. Draft Resolution No. 2007 R- 73 – A Resolution Enjoining All Barangays In Olongapo City To Allocate Funds In Their Annual Budgets For The Registration And Licensing Of Portable, Base And Mobile Radio Communication Equipment. Sponsored by Councilor Edwin J. Piano

4. Draft Resolution No. 2007 R- 74 – A Resolution Requesting The House Of Representatives To Appropriate And Facilitate The Release Of The City Share Resulting From Taxes Collected At The SBMA Special Economic Zone From 1994-1998 Amounting To Thirty Million Eight Hundred Seventy Eight Thousand One Hundred Fifty- Four And 58/100 Pesos (PhP30,878,154.58). Sponsored by Councilor Marey Beth D. Marzan

Second Reading:

1. Draft Resolution No. 2007 – R-58 – A Resolution Authorizing The City Mayor To Enter Into A Memorandum Of Agreement With The Philippine Atmospheric, Geophysical And Astronomical Services Administration (PAGASA), Of The Department Of Science And Technology (DOST), Regarding The Community-Based Flood Management Program (CBFMP). Sponsored by Councilor Edwin J. Piano

2. Draft Ordinance No. 2007 – O-23 – An Ordinance Appropriating The Amount Of Two Million One Hundred Ninety Five Thousand Eight Hundred Seventy Six Pesos (PhP2,195,876.00) To Satisfy The Civil Liability Of Olongapo City To Dr. Reino Rosete In Civil Case No. 188-0-88 Entitled Dr. Reino Rosete Vs. Former City Mayor Richard Gordon Et. Al. Sponsored by Councilor John Carlos G. Delos Reyes

3. Draft Ordinance No. 2007 – O-22 – An Ordinance Repealing Ordinance No. 81, Series Of 2002 And Providing For The Olongapo City 2007 Revenue Code. Sponsored by Councilor Edwin J. Piano

4. Draft Resolution No. 2007 – R-71 – A Resolution Strongly Reiterating To The FSC Board That The FSC’s Nite Bazaar Will Have Adverse Effect To The Economic Viability Of Business In The Olongapo City. Sponsored by Councilor Elena C. Dabu

Councilor Dabu, moved to change the title on Second Reading Item No. 4, Draft Resolution No. 2007 – R-71 – “A Resolution Strongly Reiterating To The FSC Board That The FSC’s Nite Bazaar Will Have Adverse Effect To The Economic Viability Of Business In The Olongapo City” to “A Resolution Strongly Reiterating To The FSC Board That The FSC’s Nite Bazaar Adversely Affects The Economic Viability Of Businesses In Olongapo City”,

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

Communications and Referrals of Business

Communications Read:

1. Letter from Councilor John Carlos G. delos Reyes, Chair, Committee on Laws, Complaints, Investigation and Human Rights Protection addressed to the Hon. City Vice-Mayor Cynthia G. Cajudo thru the Committee on Health chaired by Hon. Angelito W. Baloy requesting for the City Council to secure a copy of the JLGMH Manual of Operations for review and ratification. (For information and guidance)

2. Invitation from The Sun Training Center seminars unlimited network on Developing Leaders in Times of Crisis Part III, with major focus on: "Strengthening Leadership through Effective Local Legislation Process and Practical Management Techniques" to be held on November 26-29, 2007 at Bayview Park Hotel, Roxas Blvd., UN Ave., Manila. (For information and guidance)

3. Letter from Len E. Sicat, Senior Policy Officer, League of Cities of the Philippines, LCP Building, Malate, Manila addressed to the Honorable Members regarding Executive Order No. 646 allowing the sharing of taxpayers' information between Local Government unit and the Bureau of Internal Revenue. Another is the Local Finance Circular No. 2-07 which amends Local Finance Circular No. 1-93 prescribing the guidelines governing the power of LGUs to impose business tax in banks and other banking institutions. (Referred to the Committees on Business and Ways and Means)

4. Letter from Councilor John Carlos G. delos Reyes, Committee Chair on Laws, Complaints, Investigation and Human Rights Protection addressed to the City Vice-Mayor Cynthia G. Cajudo regarding cases in the past where some honorable members of this Council abstained from casting their vote on some ordinances and resolutions in the agenda. This was also done during votation for the penalties to be meted against barangay officials. He reminded those who have not signed the resolution on the motions for reconsideration for cases entitled “Cabiling vs. Alba” and “Montevirgen vs. Ubungen” to explain the delay in writing, and that a decision must be reached for the Turalba vs. Baloy, et. al., case. (Referred to Councilor Marey Beth D. Marzan)

5. Letter from Faustino D. Almeda, lead petitioner, addressed to the Hon. City Vice-Mayor Cynthia G. Cajudo, requesting for transfer of Pedestrian Lane. (Referred to Councilor Jong Cortez)

6. Memorandum Circular from the Department of the Interior and Local Government, Region III, to All City And Municipal Mayors, Vice Mayors, Provincial Directors, City Directors, CLGOOs, MLGOOs, And All Other concerned Officials regarding Vice Mayors' League Of The Philippines (VMLP) Regional Election set on October 8-10, 2007 at the Subic International Hotel, Subic Freeport Zone. (For information and guidance)

7. Invitation to the 2007 "Presidents Academy" on October 12-15, 2007 at Samal Island, Davao City to all Provincial Federation and City Chapter Presidents thru Councilor Gina G. Perez, PCL City Chapter President, Olongapo City. The said program will be conducted by the Ateneo School of Government. Also an invitation to the PCL Continuing Local Legislative Education Program (PCL-CLLEP) to be be held on October 15-17, 2007 at Grand Regal Hotel, Davao City. The communication came from Arecio R. Rendor, Jr., Interim National President, Oas, Albay and Michael B. Fernandez, Interim National Chairman, Dagupan City of the Philippine Councilors League.

8. First Endorsement from the City Mayor to the body of the draft copy of the Contract of Agreement entered into by and between Gloria F. Rivero and Gordon College represented by the City Mayor regarding the school canteen. (Referred to the Committees on Education and Laws)

9. First Endorsement from the City Mayor addressed to this body of the draft copy of the Contract of Agreement entered into by and between Beatriz Arinzol and Gordon College represented by the City Mayor about the lease of a commercial space measuring 3 ft. by 12 ft. (Referred to the Committees on Education, Laws and Business)

10. First Endorsement from the City Mayor to the honorable body of the copy of the Appraisal Committee Resolution No. 3, "A Joint Resolution Appraising The Rental Rate Of Property Owned By City Of Olongapo, (in front of the emergency entrance of the James L. Gordon Memorial Hospital) located at New Asinan, Olongapo City. (Referred to the Committee on Ways and Means)

11. Letter from Councilor John Carlos G. delos Reyes addressed to the City Mayor reporting the Subic Bay Water Regulatory Board's denial of Subicwater's petition for a tariff increase thru Resolution No. 2007-09-113 dated September 15, 2007. He was also requesting to hear from Subicwater Director Reblando and respectfully advised the Mayor to ask for formal reports and for the Subicwater’s corporate stand on vital issues. (For information and guidance of everybody)

12. Letter from Councilor Edwin J. Piano addressed to the City Vice-Mayor referring to the letter of Councilor John Carlos G. delos Reyes dated September 27, 2007. (Referred to Committee on Internal Rules for discussion)

13. Letter from Dr.Angelina B. Andrada, Chairman of the Olongapo City AIDS Council, and from Dr. Arnildo C. Tamayo, Vice Chairman & City Health Officer, addressed to the Hon. City Vice-Mayor Cynthia G. Cajudo inviting her to attend the Press Conference with Mayor Gordon on October 8, 2007 at FMA Hall, Olongapo City. It will highlight the launching of the AIDS Hotline at the City Health Office and the unveiling of the AIDS Hotline Slogan. (For information and guidance)

14. Memorandum from Councilor Rodel S. Cerezo, Committee Chairman on House Rules regarding Committee Hearing on House Rules to be held on October 9, 2007, 9:30 in the morning at the Session Hall. (For information of everyone)

15. Memorandum Circular No. 2007-04-PCL-OC from Councilor Gina G. Perez, PCL Olongapo City Chapter President addressed to the Honorable City Vice-Mayor Cynthia G. Cajudo regarding the Accomplishment Report on the PCL's Student Consultation last September 20, 2007 at the Olongapo City Convention Center.

16. Circular from Councilor Gina G. Perez, Chapter President, Philippine Councilors’ League - Olongapo City Chapter, for the City Mayor regarding PCL Continuing Local Legislative Education Program on October 15-17, 2007, Davao City.

17. Copy of the Letter from Lynn Danao-Moreno, Assistant Executive Secretary of the General Government Administration Office, Office of the President of the Philippines, addressed to Hon. Gilberto C. Teodoro, Chairman, National Disaster Coordinating Council (NDCC), Quezon City, referring for appropriate action to the Sangguniang Panlungsod Resolution No. 113, Series of 2007 of Olongapo City which was received by the Malacañang Records Office last August 31, 2007. This declared the City of Olongapo under state of calamity in view of the flooding and destruction brought by typhoons "Chedeng" and "Dodong".

18. Letter from Naomi T. Arzadon, Asst. Schools Division Superintendent, Department of Education, Region III, Division of City Schools, Olongapo City addressed to the City Vice-Mayor Cynthia G. Cajudo seeking her assistance to help them weed out a dishonorable person like Julianito Facundo aka "Mike" and consequently be declared "persona non grata" in the schools. (Referred to the Committees on Laws and Education)

19. Letter from Rodel Pedrosa of Santol Extension, Purok 3, Brgy. New Cabalan, Olongapo City addressed to the Secretary, withdrawing the Administrative Case filed against Reynaldo Gingco of Brgy. New Cabalan for Grave Oppression, Abuse of Authority and Grave Misconduct. (Referred to the Committee on Laws)

20. Letter from Councilor John Carlos G. delos Reyes, Committee Chair on Laws, Complaints, Investigation and Human Rights Protection addressed to the Hon. Vice-Mayor Cynthia G. Cajudo pertaining to the decisions in the administrative cases. He is requesting for members’ signatures to the resolutions on the motions for reconsideration which is subject to different rules in the exercise of their quasi-judicial functions, where all must vote and sign as quasi-judges, unless there is a justifiable reason to abstain. (Copy to all Members)

21. Copy of Resolution No. 32, Series of 2007 of Brgy. New Cabalan, Olongapo City, entitled, A Resolution Approving The Withdrawal Of PhP9, 950.00 For The Minor Construction Of A Waiting Shed At Purok 7. (Referred to Councilor Marzan)

22. Copy of Resolution No. 33, of the same barangay entitled, A Resolution Of The Sangguniang Barangay Requesting The Transfer Of PhP200,000.00 Pesos Representing The 30% Real Property Tax (RPT) Share From The City Treasury, Olongapo City And To Deposit The Said Amount To The Barangay Account At Land Bank Of The Philippines. (For review of Councilor Marzan)

23. Copy of Resolution No. 34, of the same barangay entitled, A Resolution Approving The Withdrawal Of PhP9,950.00 For The Plant Box Construction And Concreting Of The Walkway Of The Alternative Learning System (ALS) Building. (For review of Councilor Marzan)

24. Copy of Resolution No. 35, of the same barangay, entitled, A Resolution Approving The withdrawal Of PhP9, 950.00 For The Beautification And Landscaping Of The Barangay Plaza. (Referred to Councilor Marzan)

25. Notice of Power Interruption for October 3, 2007. The reasons are for the replacement of primary pole at the National Hi – way, Corner Maine Street, Kalaklan; for re – tightening of primary jumper at CBMU St. Corner National Hi – way and Kalaklan Bridge; and for the trimming of trees. The affected areas are: Metering I, F – 22Z4 – Portion of Kalaklan – From CBMU to Nat’l Hi – way near DWGO, whole of West Bajac – Bajac and East Bajac – Bajac. (For information and guidance)

26. Letter from Ms. Rexy G. Cruz, Executive Regulator – City, Subic Bay Water Regulatory Board, transmitting Resolution No. 2007 – 09 – 113, “A Resolution Ruling On The Petition Of Subicwater For Water Supply Tariff Adjustment And Review” (Filed on May 15, 2007). (For information and guidance)

27. First Indorsement from the City Mayor to the body, of the copy of the Negotiated Contract No. 01 regarding the Proposed Construction of the Taxpayers’ Lounge at the Ground Floor, City Hall, West Bajac – Bajac, Olongapo City.

28. Letter from Rommel Calado, Liaison Officer of the Subic Bay Workers/Volunteers Multi – Purpose Cooperative, Inc. addressed to the City Vice Mayor stating that the janitorial services of the Subic Bay Workers/Volunteers Multi – Purpose Cooperative, Inc. with the City Government of Olongapo City will end on October 31, 2007 and in this regard, there is a request from them to extend their services up to December 31, 2007 in line with the possible adjustment on budget preparation for the next calendar year.

Committee Reports

For the Committee on Markets and Slaughterhouse, Councilor Dabu reported the following activities in line with the celebration of the Consumers Welfare Month for October 2007.

First, on October 1, 2007, the Project for the “Huwarang Pamilihang Palengke” was launched in the flag-ceremony. A motorcade followed to mark the start of the Consumers Welfare Month. It was well participated by various sectors. A market visit was done to the three participating markets namely: James L. Gordon Public Market, West Bajac-Bajac Public Market and East Bajac-Bajac Public Market.

Second, a thanksgiving mass is scheduled on October 5, 2007 at the FMA Hall.

Third, there will be a Symposium about consumerism on October 8 and 9, from 8:00 a.m.-12:00 noon with the students of the Olongapo City National High School.

Fourth, a seminar on Safety Meat will be gives by Dr. Arnold Lopez on October 10-12, 2007 to be participated by stallholders and vendors particularly of the meat section.

Finally, on October 24, 2007, there will be a seminar a Calibration of Weighing Scales from 8:00 a.m. to 12:00 noon with participants from the LGU’s of Olongapo and Zambales; and 1:00 p.m. the condemnation of weighing scales will be conducted, to be witnessed by the City Treasurer, Mr. Marcelino Andawi, Mr. Neal Perez of the Business Permit and members of the Olongapo Local Price Coordinating Council. To be condemned are 30 pieces from EBB Public Market and 20 pieces from the Treasury Department.

Councilor Dabu acknowledged the presence of the Stallholders Vendors Association, and Street Vendors Association composed of the Ambulant Vendors, the Corn Vendors, the Muslim Vendors and the Tinapa Vendors to witness the approval of their resolution regarding the Nite Market Bazaar at the FSC.

For the next Committee report, Councilor Marzan discussed the following matters to the body.

First, Councilor Marzan informed the body that the scheduled committee hearing to discuss the request of the City Mayor in behalf of PUD, regarding reversion of PhP2,625,000.00 for the purpose of procuring pole mounted distribution transformers was cancelled because of the withdrawal of request through verbal communication with the PUD Manager, Engr. Louie Lopez. He also stated that the funding shall instead be allotted from the appropriation ordinance for PUD Rehabilitation approved on September 19, 2007. She then recommended that the said request be tabled “with prejudice”, which means it can no longer be revived.

Second, the Councilor apprised the body that on September 27, 2007, elementary and high school principals and their respective PTA representatives met with Mayor James Gordon and discussed the release of the PhP100,000.00 School Empowerment Fund. Due to budgetary constraint, it was decided that the release shall be according to the date of compliance of the schools. The amount of PhP1.3 million shall be released on October, PhP1.2 million on November and another PhP1.2 million on December. The schools will have three (3) batches for their project proposal to be carried out. Included in the first batch, are: Gordon Heights National High School, Boton Elementary School, New Cabalan National High School, Kalalake National High School, Old Cabalan Elementary School, EBB Elementary School, Balic-Balic Elementary School, New Cabalan Elementary School, Tapinac Elementary School, Iram Elementary School, Iram II Elementary School and Sta. Rita High School. The second batch and third batch will be announced after all schools have submitted their proposals. Also discussed was the schedule of release of the National Achievement Incentive. Sta. Rita Elementary School which bagged the first runner-up and the first place for Science and English will receive a total of PhP500,000.00 worth of capital outlay; and Tabacuhan Elementary will receive PhP250,000.00 worth of capital outlay for topping Math in the recently concluded National Achievement Test. However, the incentive will be released early next year due to budgetary constraints. This will be part of the Local Development Plan of the City.

Third, she informed the body that the incentives of the athletes who won in the recently concluded Palarong Pambansa was already awarded by the City Mayor amounting to PhP51,500.00 for the athletes who won the gold and bronze medals.

The Presiding Officer asked for a follow-up report about the PhP30 million reversion. Councilor Marzan said that she explained with the City Budget Officer the action opted by the Council regarding the matter. She told them that the Council was being careful in the use of terms for the enactment of such ordinance regarding the reversion from the NPC to the Capital Outlay with basis on some provisions of the Local Government Code. The Budget Officer advised that it’s just a matter of adhering to accounting principles and told the Councilor to return the documents to the Mayor’s Office. The Councilor added that she will inquire the Commission on Audit regarding to the said appropriation.

Councilor Gina G. Perez also rendered several Committee reports to the body. First, the Councilor said that interesting topics were presented by different guest speakers during the Women Leader Summit which she attended. One of them was, Hon. Karina Constantino-David who spoke on “System for Anti-Corruption Engaging the Bureaucracy”. Other topics were “Ethical Leadership and Accountability” by Dr. Antonette Palma-Angeles of Ateneo de Manila University; “Local Resource Mobilization and Management”, by Mr. Erlito Pardo of the Department of Finance and Ms. Elisea Gozun of DENR presented “Environment and Natural Resources Management”.

Second, she reported about the student consultation held last September 20 attended by students from Columban College, St. Benilde, COMTEC, Virgen delos Remedios College, Gordon College and Mondriaan. Many issues and concerns were brought out by participants during the open forum. Among these were the problems on piracy, prostitution, education programs, pornography, ordinance on smoking, traffic, internet café operation, Brgy. Health Centers, roads that needs to be fixed like the ones at Jasmin St., Barretto, Tourism Promotion and inefficient implementation of laws/ordinances. With all these concerns, Councilor Perez called the attention of all her colleagues if they can do something with these problems. She likewise suggested to consider amending some ordinances, if need be.

Third, Councilor Perez apprised the body about the Tourism Summit held last September 25. There were some issues and concerns raised by participants, among these were: the issuance of Travel Advisory which affects the arrival of international tourists; budget allocation for tourism and promotion from the barangay level to international; Source of Grants or Donations; Spillover of tourists to Zambales and Bataan; merging of Olongapo City, Zambales, Bataan Tourism; City events to be included in DOT Calendar; Benefits of Accreditation and inspection of DOT; Employment opportunities in tourism industry; and Cebu’s secret of successful tourism as the projects of DOT.

The summit was graced by special guest speakers: Director Tiotuico of DOT, Mr. Eloy Pineda of NAITAS, Hon. Agnes Magpale of the Province of Cebu and Ms. Lydia Consuco of Philippine Tourism Authority. Attendees were representatives from the Business Club, Barretto Beach Boulevard, Tourism Council, GSBTB, Barangay Tourism, College and High School Students.

Lastly, she enjoined everybody to attend the committee hearing on Friday regarding the proposed anti-prostitution ordinance at the Session Hall at 8:00 a.m. and the invitation from Business Permit Division for a meeting with internet café owners at FMA Hall at 10:00 a.m.

The Presiding Officer raised an observation with regard to the proposed Anti-Prostitution Ordinance. She said that in the draft ordinance lesser penalty was provided than what was provided under our national laws. She advised the Councilor to consult national laws like VAWC.

Councilor Piano put it on record that he is going to submit a written report for inclusion in the day’s session. It was not categorically mentioned what it was. It pertains to the action taken by the City to certain establishments caught violating the City Ordinance. (Annex A)

Calendar of Business

Second Reading:

1. Draft Resolution No. 2007 – R-58 – “A Resolution Authorizing The City Mayor To Enter Into A Memorandum Of Agreement With The Philippine Atmospheric, Geophysical And Astronomical Services Administration (PAGASA), Of The Department Of Science And Technology (DOST), Regarding The Community-Based Flood Management Program (CBFMP)”, was deferred by the body, on motion of Councilor Edwin J. Piano.

2. On motion of Councilor delos Reyes, Draft Ordinance No. 2007 – O-23 – “An Ordinance Appropriating The Amount Of Two Million One Hundred Ninety Five Thousand Eight Hundred Seventy Six Pesos (PhP2,195,876.00) To Satisfy The Civil Liability Of Olongapo City To Dr. Reino Rosete In Civil Case No. 188-0-88 Entitled Dr. Reino Rosete Vs. Former City Mayor Richard Gordon Et. Al.”, was deferred by the body pending a certificate of availability of funds.

3. Draft Ordinance No. 2007 – O-22 – “An Ordinance Repealing Ordinance No. 81, Series Of 2002 And Providing For The Olongapo City 2007 Revenue Code”, was deferred on motion of Councilor Edwin J. Piano

4. Draft Resolution No. 2007 – R-71 – “A Resolution Strongly Reiterating To The FSC Board That The FSC’s Nite Bazaar Adversely Affects The Economic Viability Of Businesses In Olongapo City”, was unanimously approved by the body on its second and final readings, on motion of Councilor Elena C. Dabu.

Other Matters

A. On motion of Councilor Marzan, Draft Resolution No. 2007 R- 74 – “A Resolution Requesting The House Of Representatives To Appropriate And Facilitate The Release Of The City Share Resulting From Taxes Collected At The SBMA Special Economic Zone From 1994-1998 Amounting To Thirty Million Eight Hundred Seventy Eight Thousand One Hundred Fifty- Four And 58/100 Pesos (PhP30,878,154.58)”, was considered as an urgent matter and was approved unanimously on its second and final readings. Sponsored unanimously.

Adjournment

There being no further matters to be discussed, the session was adjourned at 6:09 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