Minutes of Sangguniang Panlungsod Session

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

Present:

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

Hon. Gina G. Perez - - - City Councilor

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

Hon. Rodel S. Cerezo- - “ “

Hon. Marey Beth D. Marzan - - “ “

Hon. Sarah Lugerna Lipumano–Garcia - “ “

Hon. Edwin J. Piano - - “ “

Hon. Angelito W. Baloy - - “ “

Hon. Aquilino Y. Cortez, Jr.- - “ “

Hon. Anselmo A. Aquino- - “ “

Hon. Elena C. Dabu- - “ “

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

Absent:

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

Call to Order

The City Vice-Mayor and Presiding Officer Cynthia G. Cajudo called the session to order at 4:07 in the afternoon.

Roll Call

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

Reading and Adoption of Minutes

Minutes of the Regular Session held on August 22, 2007, which was first deferred on the previous session, was again deferred on motion of Councilor Gina Perez as the request to include the certain discussions were still not reflected.

Minutes of the Regular Session held on August 29, 2007 was also deferred on motion of Councilor Gina Perez with the observation given by Councilor Edwin Piano that some essential information need to be included thus, he requested for deferment.

September 5, 2007 Minutes of the Regular Session was unanimously adopted by the body, on motion of Councilor Gina Perez.

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-35 - An Ordinance Appropriating The Amount Of One Hundred Thousand Pesos (PhP100,000.00) As Financial Assistance To The Olongapo Information And Communication Technology (ICT) Chorale For Their Participation To The Asian Choir Games At Jakarta, Indonesia. Sponsored by Councilor Marey Beth D. Marzan

2. Draft Ordinance No. 2007 – O- 36 – An Ordinance Implementing The Temporary Closure Of Ramon Magsaysay Drive On October 26, 2007, From 9:00 AM To 2:00 AM. Sponsored by Councilor Gina G. Perez

3. Draft Resolution No. 2007 –R-82 – A Resolution Adopting The Revised Internal Rules Of Procedure For The Sangguniang Panlungsod Of Olongapo. Sponsored by Councilors Rodel S. Cerezo, Marey Beth D. Marzan and John Carlos G. Delos Reyes

4. Draft Resolution No. 2007- R-83- A Resolution Accrediting Girl Scouts Of The Philippines-Olongapo City Council For The Purpose Of Membership In Local Special Bodies In Olongapo City Pursuant To The Provisions Of Republic Act No. 7160 Otherwise Known As The Local Government Code Of 1991. Sponsored by Councilor Edwin J. Piano

5. Draft Resolution No. 2007 – R-84 - A Resolution Accrediting Subic Bay Resorts Association (SUBRA) For The Purpose Of The Membership In Local Special Bodies In Olongapo City Pursuant To The Provisions Of Republic Act No. 7160, Otherwise Known As The Local Government Code Of 1991. Sponsored by Councilor Edwin J. Piano

6. Draft Ordinance No. 2007 – O-37 - An Ordinance Appropriating The Amount Of One Million Three Hundred Seventy-Five Thousand Pesos (PhP1,375,000.00) To The Item I.T. Equipment And Software Under The Capital Outlay Of The Office Of The City Mayor To Be Taken From Reversion From Trust Fund Account – Time Deposit Interest For Various Deposits. Sponsored by Councilor Marey Beth D. Marzan

7. Draft Ordinance No.2007 – O-38 - An Ordinance Appropriating The Amount Of One Million Two Hundred Nineteen Thousand Three Hundred Seventy Five Pesos And 50/100 (PhP1,219,375.50) As Payment For The 5th And Final Payment Of The 6,524 Sqm Piece Of Land Located At Old Cabalan (TRANSCON) To Be Taken From Reversion From Trust Fund (Lot Sales). Sponsored by Councilor Marey Beth D. Marzan

Second Reading:

1. 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

2. 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 Councilors Gina G. Perez and Elena C. Dabu

3. 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

4. Draft Ordinance No. 2007 - O-31 – An Ordinance Appropriating The Amount Of One Hundred Seventeen Thousand Seven Hundred Fifty Pesos (PhP117,750.00) To The Item Training 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

5. Draft Ordinance No. 2007- O- 34 - An Ordinance Regulating The Operation Of Optical Clinics In Olongapo City For The Purpose Of Preventing Illegal Practice Of Optometry, Providing Penalty For Violation Thereof. Sponsored by Councilor Angelito W. Baloy

6. Draft Ordinance No. 2007 O -33 - An Ordinance Appropriating The Amount Of Seventy Thousand Pesos (PhP70,000.00) As Fund Support For The Program “Search For The Huwarang Palengke Sa Lungsod Ng Olongapo 2007” Chargeable To The Unappropriated Balance Of The General Fund. Sponsored by Councilor Elena C. Dabu

7. Draft Resolution No. 2007 R-76 – A Resolution Affirming The Shareholdings Of Olongapo City At Subicwater And Sewerage, Inc. Without Prejudice To The Pending Supreme Court Case Pertaining To Subicwater. Sponsored by Councilor Edwin J. Piano

8. Draft Resolution No. 2007- R-77 – A Resolution Enjoining The SBMA To Include Representatives Of Olongapo City To The FSC Board. Sponsored by Councilor Edwin J. Piano

9. Draft Resolution No. 2007 – R-79 – A Resolution Adopting The City Appraisal Committee’s Resolution No. 3 Series Of 2007 Entitled A Joint Resolution Appraising The Rental Rate Of Real Property Owned By The City Of Olongapo, (In Front Of The Emergency Entrance Of The James L. Gordon Memorial Hospital) Located At New Asinan, Olongapo City. Sponsored by Councilor Edwin J. Piano

10. Draft Resolution No. 2007 – R-81- A Resolution Authorizing The James L. Gordon Memorial Hospital Represented By Mayor James Gordon, Jr. To Enter Into A Mutual Accreditation Agreement With Prudential Life Health Care, Represented By Its AVP-Medical Division, Dr. Alvin T. Cabral. Sponsored by Councilor John Carlos G. Delos Reyes

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

Communications and Referrals of Business

Communications Read:

1. Quarterly Report on Real Property Assessments as of Quarter ending September 2007, submitted by Oscar DG. Agustin, City Assessor, Olongapo City. (Referred to the Committee on Lands)

2. Letter from Councilor Edwin J. Piano, Chairman, Telecom and IT Board addressed to the City Mayor regarding MG EXEO Network, Inc. (Globe/Innove Telecom) a Letter of Intent to construct and install Aerial Cables, Poles and Guys Support and Telephone Cabinet in Olongapo City. (Referred to the Committee on IT and Telecommunication)

3. Memorandum from Engr. Luisito M. Lopez, General Manager for Arch. Tony Kar Balde, City Planning and Development Coordinator on the Inclusion of PUD As Beneficiary Of AUICK. (For information and guidance)

4. Memorandum from Councilor Marey Beth D. Marzan to Councilor Gina Perez, Vice-Chairman, Committee on Appropriations, Ms. Arlida Pame, President, Gordon College and Mr. Marcelino Andawi, City Treasurer for discussion on the requests for appropriations. (For information)

5. First Endorsement from the City Mayor addressed to the City Vice-Mayor and Members of the Sangguniang Panlungsod the copy of the letter from Mr. Rommel Calasado, Liaison Officer, Subic Bay Workers/Volunteers Multi-Purpose Cooperative Inc. (SBWVMPCI) requesting extension of the MOA until 31 December 2007. (Referred to the Committees on Laws & Business)

6. Letter from Councilor John Carlos G. delos Reyes for President Arroyo regarding the controversial PhP200 Million ZTE contract and the recent controversy on bribery to public officials at Malacañang. (For information and guidance)

7. Letter from Arlida M. Pame, College President, Gordon College addressed to the City Mayor requesting permission to conduct the survey to employees of the different departments of the City Government of Olongapo because one of the programs that Gordon College will be implementing for the Second Semester 2007-2008 will be the Special Program for Government/Private Employees approved by the Board of Trustees during its August 2007 meeting. Said program is specifically designed for government/private employees who would be interested to finish their college course and would be taking the Civil Service professional examination to qualify them for a permanent position. Classes will be held daily, from 5:30 P.M. to 9:30 in the evening and Saturdays from 8:00 A.M. to 5:00 P.M. (For information)

8. Letter from Pastor Rolly C. Curitao, Senior Pastor, Jehovah Jireh Christian Church, Iram Resettlement, New Cabalan, Olongapo City, addressed to the Honorable City Vice-Mayor Cynthia G. Cajudo soliciting assistance for their church/chapel repair.

9. Letter from the City Vice-Mayor Cynthia G. Cajudo addressed to the Hon. City Mayor James Gordon, Jr. informing him on the public hearing conducted at the Sangguniang Panlungsod for the Anti Prostitution Ordinance sponsored by Councilors Gina Gulanez Perez and Elena Dabu, which she and Kgd. Baloy attended. She is requesting a day in the City to sign a commitment. (Copy to all)

10. Letter from Councilor Marey Beth D. Marzan, Chairman, Committee on Appropriations addressed to the City Mayor attention: Marcelino D. Andawi, City Treasurer, stating that as soon as the DBP releases the remaining balance of the proceeds of the 1% SBMA share it is requested to facilitate the pending appropriations for the City Council, as follows: supplemental budget for the City Council’s maintenance and other operating expenses and the release of the withheld benefits and remuneration of Vice-Mayor Cynthia G. Cajudo. (For information)

11. Letter from Councilor Marey Beth D. Marzan, Chairman, Committee on Appropriations to the Honorable City Mayor James Gordon, Jr., attention: Engr: Narciso Martinez, Jr., City Engineer in reference to the letter of the City Mayor dated October 1, 2006 regarding the proposed construction of the Taxpayer's Lounge at the Ground Floor of the City Hall and informing the Office of the City Engineering of the process the document shall undergo on sequential order. (For information and guidance)

12. Copy of the Executive Order No. 58, Creating The Gender And Development (GAD) Focal System in Olongapo City signed by James Gordon, Jr., City Mayor on October 11, 2007, and shall take effect immediately upon signing. (Copy to all Women Legislators)

13. Letter from Brian Patrick H. Gordon, General Manager, Subic Bay Workers/Volunteers Multi-Purpose Cooperative, Inc. addressed to the City Mayor informing him that the Subic Bay Workers/Volunteers Multi-Purpose Cooperative, Inc. is now under a new management and he is assigning Mr. Ronald Managbanag as their assigned Supervisor effective October 15, 2007. (For notation)

14. Letter from Councilor John Carlos G. delos Reyes, Chair of the Committee on Public Utilities, addressed to the City Mayor James Bong Gordon, Jr. thru: Engr. Luisito Lopez, General Manager, Public Utilities Department requesting him that his office be furnished all the vital documents pertaining to PUD. Councilor JC is in the process of collating the pertinent documents for a comprehensive study in line with the proposed Private Sector Participation for the PUD. (For information and guidance)

15. Letter from City Mayor James Gordon, Jr., addressed to the Hon. City Vice-Mayor Cynthia G. Cajudo and Members of this body pertaining to the Executive Budget for the Calendar Year (CY) 2008 scheduled for submission to the Sanggunian for deliberation on October 15, 2007. The City Mayor is requesting for an extension of the scheduled date to December 14, 2007 because of the need for additional time to consider all the details to ensure realistic results based upon revised economic condition/situation in order not to result into a budget dislocation. (For information and guidance and referred to the Committee on Appropriations)

16. Joint Resolution on the Romeo S. Manalo of Barangay Old Cabalan, the complainant versus Zosimo Cabiling, Kagawad, Barangay Old Cabalan, the respondent for OMB-L-06-1226-K for Harassment; Unjust Vexation and for OMB-L-A-06-0896-K for Abuse of Authority, Violation Of Rep. Act No. 6713, Sec. 5. It states that: “wherefore premises considered it is respectfully recommended that the criminal and administrative complaints of harassment unjust vexation, abused of authority and for violation of Sec. 5, Republic Act 6713 filed against Zosimo Cabiling, Brgy. Kgd of Brgy. Old Cabalan, Olongapo City be dismissed in so far as this office is concerned. This is however without prejudice to the outcome of the investigation being conducted at present by the City Prosecution Office of Olongapo City and the Sangguniang Panlungsod of Olongapo City submitted to us by Robert V. Marcelo, Graft Investigation and Prosecution Officer II concurred by Joaquin Salazar, Acting Director, recommended for approval by Victor C. Fernandez, the Deputy Ombudsman For Luzon, approved by Orlando C. Casimiro, overall Deputy Ombudsman and Maria Merceditas N. Gutierrez, Tanod Bayan (Ombudsman). (Referred to the Committee on Laws)

17. First endorsement from the City Mayor to this body, the copy of a letter from Mr. Samuel Del Rosario, President Olongapo Business Club, Inc. requesting permission to host “Red Horse Muziklaban” on Friday, October 26, 2007 along RM Drive, this City. (Referred to Councilor Gie Baloy)

18. Personal invitation to the Vice-Mayor to attend on the opening of the newly completed Olongapo City District Center on Saturday, October 22, 2007 from the Church of Jesus Christ of Latter Day Saints at 9:00 and 10:00 in the morning, for the opening and ribbon cutting ceremonies. The new meeting house is located at 26th Street, Brgy. East Bajac-Bajac, Olongapo City.

19. Committee report submitted by Councilor Gie Baloy, Chairman of the Committees on Business and Economic Enterprises and Health and Public Welfare.

20. From the City Personnel Officer, Leticia Doropan for all City Government Department Heads thru Fernando Magrata as Acting City Administrator regarding the proposed Employee of the Month and Employee of the Year Program and the proposed program of the City. The Heads are required to submit comments and suggestion pertaining to the proposed program not later than Oct. 30. (Referred to the Committee on Organizational Development and Personnel Matters)

Committee Reports

Councilor Gie Baloy, Chair of the Committee on Business and Economic Enterprises, and the Committee on Health and Public Welfare, first reported that he attended the weekly meeting of the Members of the Olongapo Business Club where he was invited, held on October 10, 2007, chaired by their President, Mr. Samuel del Rosario. According to the Councilor, the topics discussed were:

1) The upcoming Muziklaban Battle of the Bands in which a resolution to temporarily close RM Drive on October 26-27, 2007 was requested.

2) Sidewalk Beautification Project was requested especially the repair of sidewalks along commercial districts.

3) The Annual Mardi Gras celebration which will coincide with the National Ad Congress in Subic on November 21-24, 2007.

4) The schedule of activities and the promotion of the City Fiesta Queen Events.

5) The Proposal of PAGCOR to coordinate with concerned City Department regarding the sponsorship of streetlights, subject to certain conditions.

6) Request for City Health Office to conduct a thorough inspection of various establishments in the city on garbage disposal and sanitation procedures to ensure the health and safety of the general public.

7) The needed assistance in coordination with PILTEL for the supply and upgrade of lines that will enable teleconferencing and call center type of activities.

8) Request for the possibility of obtaining land titles to properties within the city.

Second, Councilor Gie Baloy invited the body to attend the first canvassing night of the City Fiesta Queen.

Councilor Rodel Cerezo reported three items under his committee: First, he informed the body that a Committee hearing on House Rules for its final revision was conducted on October 9, 2007. It was attended by the ten (10) Councilors, the Council Secretary and representative from the Vice-Mayor’s Office.

Second, he reported that the Turn-Over and Blessings of Bureau of Jail Management and Penology Office converted into cells was held on October 10, 2007 and was attended by Mayor James Gordon, Jr., Vice-Governor Anne Gordon, Vice Mayor Cynthia G. Cajudo, City Councilors Elmo Aquino, Gie Baloy and himself.

Third, the Peace and Order meeting was held also on October 10, 2007 which was attended by the Chief of Police, Barangay Captains, Brgy. Kagawad on Peace and Order, DSWD representative and representatives of non-governmental organizations. The following matters were discussed:

1) Brgy. Peace Keeping Operations or Brgy. Protection against Crime.

2) The role of PNP and Brgy. Peace Action Team.

3) Trainings for Brgy. Tanods and Brgy Officials re: Brgy. Peace Keeping Operations which included components on Community Partnerships; Problem Solving and Change Management; concept of Brgy Peace Keeping Operations and the function of the Brgy. Peace Keeping Desk.

4) The implementation of the Organizational Structure.

5) Components of the Brgy. Peace Keeping Action Team which include the Brgy. Chairman, the Law Enforcers, Council of Elders, Sectoral Groups, NGOs and Home Owners. Also included are the United Front Against Crime and the Disaster Control Case tracking and monitoring.

According to the Councilor, the Training Matrix and daily activities which shall be implemented after the election of new set of officers includes the Brgy Tanod Enhancement Training, the Human Rights Barangay System; the Law of Arrest and Seizures Book; Procedure on Lodging of Complaints; the Commonly Violated Ordinances and Rules of Summary on Procedures; Intelligent Networking Info Gathering and Report Writing; Police Security, Disaster Preparedness and Brgy. Drug Abuse Control.

Fourth, Councilor Cerezo informed the body that a meeting on “Oplan Kaluluwa” for Peace and Order and Public Safety was conducted on October 16, 2007. The Contingency Plans and the Individual Agency Plans were discussed.

Councilor Marey Beth Marzan reminded the body that the Committee on Appropriations will hold a committee hearing on the following appropriations:

1) An Ordinance Appropriating the Amount of PhP117,750.00 to the Item Training Expense Under Maintenance and Other Operating Expenses of the City Mayor To Be Taken From The Unappropriated Balance Of The General Funds.

2) An Ordinance Appropriating The Amount of PhP1,219,375.00 As Payment For The Fifth And Final Payment For The Piece Of Land Located At Old Cabalan, The Transcon To Be Taken From The Trust Fund Lot Sales.

3) Appropriation Amounting To PhP100,000.00 As Financial Assistance To The Olongapo Information And Communication Technology Choral For The Participation To The Asian Choir Games At Jakarta, Indonesia.

The said committee hearing will be led by Councilors Marzan, Perez and Aquino. The other Council Members were enjoined to attend, to start at 9:00 AM at the Session Hall.

The Presiding Officer informed Councilor Marzan that a Committee hearing regarding the Revenue Code is scheduled with the same date as her committee hearing on appropriations. Councilor Marzan suggested to just move her committee hearing on Monday, October 29, 2007, 9:00 a.m., after the flag ceremony.

Councilor Gina Perez informed the body that she attended the 2007 Presidents’ Academy and the Second Quarterly National Executive Officer and National Board Meeting of the Philippine Councilors’ League (PCL) on October 12-15, 2007 at Davao City. She also attended together with Councilors Dabu, Aquino, Piano and Cortez the Second Series of 2007 PCL Continuing Local Legislative Education Program also in Davao City on October 15-17, 2007.

The Councilor said that she will render her complete committee report the next session. In the Presidents’ Academy, she added that several seminars were given by the Ateneo School of Government.

Councilor Perez also reported that another set of computer with printer was received from PCL for the use of all City Councilors in research activities.

The Presiding Officer asked about the money that was supposed to be given to the PCL Olongapo Chapter. Councilor Perez explained that before the release of the share, a resolution by the chapter is needed. She gathered from the Executive Officers Meeting that the Death and Medical Benefits of PhP8,000.00 is to be increased to PhP10,000.00, and it is to be approved by the national officers that the funding would come from the national budget, not from the city chapters. She also learned that they can allocate certain funding for the PCL Chapter from the local funds.

Councilor Edwin Piano, Chair of the Committee on Ways and Means reported the recent changes made on the Revenue Code which is intended for January 2008. These were:

1) The addition of the Table of Contents in the Code;

2) The change from simple continuous numbering to sectioning style where the reader would know at what specific chapter and article he is reading;

3) Inclusion of additional sources of revenue;

4) Change in rates.

The Councilor announced that the good news about the Revised Revenue Code is that generally the tax rates were reduced. He again reminded the Councilors that the Executive Legislative Review of the 2007 Revenue Code will start at 9:00 a.m. – 2:00 p.m. at the Olongapo City Convention Center. He said the Councilors may bring their laptops to facilitate better access to the information. The Councilor told his colleagues that they can log on to Olongapo@Sanggunian.Com, the City Councilor’s common e-mail address to receive and send correspondence intended to be sent to all of them. He also told them to bring the provided Revenue Code CD during the discussion to easily input further changes.

Calendar of Business

Second Reading:

1. 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 by the body, on motion of Councilor Edwin J. Piano.

2. 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”.

Councilor Gina Perez presented to the body the highlights of the proposed Ordinance.

First, the Councilor read the definition of prostitution and mentioned that in the Ordinance individuals who will be found guilty of prostitution will be punished, which includes of the following persons:

Any person who gives or delivers money or any consideration in exchange of the sexual activity, recipient of the sexual act.

Any person who offers another for sexual exploitation in exchange of money.

Any person who persuades, kidnaps, recruits another to engage prostitution.

Any person who arranges travel tours involving prostitution.

Any person who uses IT or media for prostitution, the owner, operator or manager, officer, agent of establishment engage in prostitution.

A lessor who allows prostitution in his property.

Any member of military or police, government official or employee who is involved in prostitution.

Any official or employee of jail or detention centers who is involved in prostitution among inmates.

Any person who advertises, organizes, arranges, manages, promotes or facilitates prostitution.

According to Councilor Perez, once found guilty, the penalty for the First Offense shall be six (6) months mandatory Human Rights Education, six (6) months imprisonment and a fine of PhP4,000.00.

For the Second Offense or Subsequent Offenses, it shall be one (1) year imprisonment and a fine of PhP4,000.00.

If a child was used for prostitution, the penalty shall be one (1) year imprisonment and a fine of PhP4,000.00. For second and subsequent offenses, it shall be one (1) year imprisonment and a fine of PhP5,000.00, which is the maximum penalty that can be given in a local ordinance.

The Councilor mentioned that under items c, d, e, it shall be six (6) months imprisonment with PhP4,000.00 fine.

If the offender is the legal or common-law spouse, ascendant, parent, guardian, step-parent, collateral relative within the fourth degree, the penalty shall be one (1) year imprisonment and PhP5,000.00 fine.

If the offender is an establishment, the penalty shall be imposed upon the owner, manager or operator. The establishment shall be closed and the registration or license shall be revoked.

If the offender is a person exploited in prostitution, in his/her First Offense, the penalty shall be 3 months of mandatory counseling, rehabilitation program and six (6) months imprisonment. For the Second and Subsequent Offenses, a one (1) year imprisonment shall be imposed, and mandatory counseling and rehabilitation program for six (6) months.

If the offender is a foreigner, he or she shall be deported immediately after the service of the sentence and shall be permanently barred from the country.

Any person found guilty on an attempt to commit child prostitution, the penalty shall be one (1) year imprisonment and PhP5,000.00 fine.

Another highlight of the proposed ordinance according to Councilor Perez is the creation of the Anti-Prostitution Task Force. The City Social Welfare and Development Office, City Health Office, Philippine National Police, three (3) NGOs and three (3) persons who experienced exploitation due to prostitution are to be requested to comprise the Task Force.

Councilor Perez enumerated the functions of the Task Force which are:

1. Develop a program addressing prostitution and the needs of the person exploited.

2. Identify and create center that will provide counseling and therapy.

3. Provide temporary shelter and crises intervention services.

4. Ensure units are created or identified with relevant government agencies.

5. Ensure close coordination with other governmental agencies.

6. Develop and implement training program for law enforcers, public prosecutors, judges, government lawyers, health care providers, social workers and Barangay Officials regarding prostitutions.

7. Ensure counterparts of City Task Force are created in the barangay level because they are very important in the implementation of this Ordinance.

8. Undertake the lead, the prosecution of any violation of this Ordinance

and

9. To promulgate rules and regulations for its effective implementation.

The Councilor said that a draft copy of the said ordinance were already provided to the City Councilors for review and comments. She added that the text of the ordinance came from BUKLOD, the group who requested their assistance to have a city ordinance that will address problems on prostitution.

As an observation, Councilor delos Reyes said that there is already a national law concerning the matter but he supports the proposal just the same since it sends a message that the City is serious in its implementation. He added that the land has many laws, and it is not the lack of laws but the enforcement of the law that is lacking, and in many ways, the enforcers and the lawmakers making a mockery of the law are the problem.

The Councilor also commented that by definition, it is hard to prosecute anybody for prostitution. In the Revised Penal Code, a prostitute is defined as a woman who habitually indulge in sexual intercourse or does lascivious conduct for money or profit. He posed a question on how they are to prove the act by this definition.

For his other observation in the proposal under the penalties, Councilor delos Reyes said that they cannot impose a penalty where they will request the offender to undergo a seminar or community service because under the law it was already provided that the penalty is imprisonment of not more than one year and a fine of not more than PhP5,000.00.

Councilor Jong Cortez asked the representatives from BUKLOD and PREDA to compare the proposed Ordinance with the Revised Penal Code Law.

Mr. Hermoso explained that the local law will strengthen the national law and it shall serve as a gateway for the enactment of other related laws such as the proposed bill on child pornography in the internet, RA 9208 and RA7610. It will also give an opportunity to explain the national law to the people. According to him, women organizations like BUKLOD and others are lobbying at the Senate and Congress for the said law and they are offering free services for trainings. They were tapped by the DILG to provide trainings and seminars to all barangay officials and other local leaders. Mr. Hermoso said that it is important for the people particularly women and children to be empowered and to understand that filing a formal complaint is necessary. Thus the passage of a local law supports the national laws.

Councilor Gie Baloy queried whether such measure will really give a halt to prostitution since the penalties imposed are light.

Mr. Hermoso again mentioned that the proposal shall serve as a gateway for the enactment of other laws like RA 7610 regarding children who were commercially and sexually exploited. This is a way to bring the understanding and implementation to the barangay level. He cited 9208 as an example, that after its passage, implementation on prosecution of cases were not felt. It was only when the United States warned that the country will be placed under the category of countries that can be sanctioned for not implementing the law that the local authorities like the police, NBI and other officials did something. Similarly, the talks on Human Rights at US Congress resulted to their resolution to block the military aide to the Philippines until issues on Human Rights Violations are resolved.

Mr. Hermoso also relayed that more and more minors are caught loitering around, obviously waiting for a customer, but cannot be charged for prostitution since the needed act is not done. These minors were either charged under the vagrancy law or charge of illegal gambling or illegal smoking just to apprehend the proliferation of prostitution.

Councilor Lipumano-Garcia said that the PNP, DSWD and the Health Service needs to be strict in the implementation. She observed that the penalties provided in the proposal are too light. She suggested to raise it to the level provided under the Republic Act in order to deter offenders from engaging into prostitution.

Councilor Aquino commented that emphasis should be focused more on the implementation of laws. He also observed that the penalty in the proposal is too low and proposes to adopt the penalties provided in the national law instead.

Councilor Piano made a similar observation about the penalty and suggested to just implement the penalties provided in the national law but go on with the ordinance creating the Task Force so that the PNP and Local Government Units will get assistance and work hand in hand with people who have the right experience and knowledge on how to solve the problem on prostitution.

Councilor Dabu said that she has witnessed how young GROs are, and mentioned that she felt the sincere concern of women for children engaged in this kind of trade. Thus the Councilor said she believes in the suggestion of Councilor Piano for the Creation of Task Force and she fully supports the proposed ordinance.

Councilor Perez discussed to the body that in 1995, the City Council passed an ordinance prohibiting indecent acts in public. There are also laws against child abuse and exploitation or RA 7610 and law on anti-trafficking but there is still no law against prostitution. It is for this reason that the NGOs are helping push the proposal to be approved on the grass roots level. The Councilor said that she always reports to the PNP information relayed to her of possible “waiting areas or place” for women suspected of being engaged in prostitution. However, these are mere reports and no formal complaints were received. The Councilor then asked her colleagues if they were to again allow prostitution to proliferate in the City and be known once again as “Sin City”. She also gathered reports on night clubs with dancers who entertain customers, which are not solely females but also include males. The Councilor suggested that the city should elevate the kind of entertainment it has and promote tourism that offers wholesome entertainment. She urged her colleagues to help eradicate prostitution in the city and lead the women to a life out of that kind of profession. She then mentioned that the city has a Livelihood Office headed by Ms. Aileen Sanchez to help them learn an alternative work.

Councilor Cerezo commented that may be what the City Council can do is to rehabilitate the existing law. His only concern with the proposed ordinance is they can do revisions in the imposed penalties and sanctions provided which from his assessment, are too light.

RECESS: 5:45 p.m.

RESUME: 5:55 p.m.

Councilor delos Reyes again expressed his sentiments that the body should be cautious so that the laws they pass are sustainable and well thought of which cannot be easily questioned in court as to its constitutionality and validity. He said that the definition of prostitution under the Revised Penal Code shall prevail if there is a variation in the proposed ordinance. According to him, the lack of political will and initiative from authorities and the non-enforcement of laws are what disappoints him. The recourse is to expand the law or create new law as stop-gap measures which is not all the time full proof.

With regard to the definition, the Councilor said there is a need to balance details. The act of courting and engaging in sexual acts with the girlfriend may also fall in the definition. Prostitution, as defined, should fall under certain parameters like under the context of cyber sex or sex in streets, etc. The Councilor then said that though he has reservations, he is willing to disregard legalities on this proposal thus he will support it and he is one with his colleagues on this matter.

Councilor Perez read just for the information of everybody Article 202 of the Revised Penal Code on vagrants and prostitutes which provides that “women who for money or profit, habitually indulge in sexual intercourse or lascivious conduct, are deemed to be prostitutes”. According to her, it was defined that simple in the book and its even discriminatory for women since to date, even men, gay and children and engaged in prostitution. The Councilor added that the proposal gives a better definition of prostitution, a more comprehensive one. The penal provisions in the code provides that the act is punishable by arresto menor or a fine not exceeding PhP200.00, and in case of recidivism, by arresto mayor in its medium period to pricion correccional in its minimum or a fine ranging from PhP200.00 to PhP2,000.00 or both, in the discretion of the court.

After hearing this, the Presiding Officer asked if the penalties read were from the Revised Penal Code and if the said Code was not yet amended or expanded.

Councilor Marzan said she will favor the passage of the proposal, but with the same intention as what was mentioned by Councilor delos Reyes, she will also advice a word of caution to the NGOs that the City Council is bounded by the technicalities of the law. Even if they pass the ordinance, there’s a possibility that it will be questioned in court. An essential request for a valid ordinance, according to Councilor Marzan, is that it must not contravene the statue. It is a fundamental principle that municipal ordinance are inferior in status and subordinate to the laws of the state.

Councilor Marzan suggested that aside from passing a prostitution law, the Council may also transmit a resolution to the House of Congress stating that we fully support the prostitution law and the things mentioned by Mr. Hermoso which they are lobbying for. The body can also transmit to the House of Representatives in the Senate.

RECESS: 5:57 p.m.

RESUME: 6:09 p.m.

After a lengthy discussion, Draft Ordinance No. 2007 – O-29 was approved unanimously on its second and final reading, upon motion of Councilor Gina G. Perez.

3. On motion of Councilor Edwin J. Piano, 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”. was deferred by the body.

4. Pending a committee hearing, Draft Ordinance No. 2007 - O-31 – “An Ordinance Appropriating The Amount Of One Hundred Seventeen Thousand Seven Hundred Fifty Pesos (PhP117,750.00) To The Item Training Expenses Of The Office Of The City Mayor To Be Taken From The Unappropriated Balance Of The General Fund”, was deferred by the body on motion of Councilor Marey Beth D. Marzan.

5. On motion of Councilor Angelito W. Baloy, Draft Ordinance No. 2007- O- 34 - “An Ordinance Regulating The Operation Of Optical Clinics In Olongapo City For The Purpose Of Preventing Illegal Practice Of Optometry, Providing Penalty For Violation Thereof”, was deferred by the body for the requirement of a public hearing.

6. On motion of Councilor Elena C. Dabu, Draft Ordinance No. 2007 O -33 - “An Ordinance Appropriating The Amount Of Seventy Thousand Pesos (PhP70,000.00) As Fund Support For The Program “Search For The Huwarang Palengke Sa Lungsod Ng Olongapo 2007” Chargeable To The Unappropriated Balance Of The General Fund, was deferred by the body pending a Certificate of Availability of Funds.

7. Draft Resolution No. 2007 R-76 – “A Resolution Affirming The Shareholdings Of Olongapo City At Subicwater And Sewerage, Inc. Without Prejudice To The Pending Supreme Court Case Pertaining To Subicwater”, was unanimously approved by the body on its second and final reading on motion of Councilor Edwin J. Piano.

8. On motion of Councilor Edwin J. Piano, Draft Resolution No. 2007- R-77 – “A Resolution Enjoining The SBMA To Include Representatives Of Olongapo City To The FSC Board”, was deferred by the body.

9. Draft Resolution No. 2007 – R-79 – “A Resolution Adopting The City Appraisal Committee’s Resolution No. 3, Series Of 2007 Entitled A Joint Resolution Appraising The Rental Rate Of Real Property Owned By The City Of Olongapo, (In Front Of The Emergency Entrance Of The James L. Gordon Memorial Hospital) Located At New Asinan, Olongapo City”, was deferred by the body, on motion of Councilor Edwin J. Piano

10. Draft Resolution No. 2007 – R-81- “A Resolution Authorizing The James L. Gordon Memorial Hospital Represented By Mayor James Gordon, Jr. To Enter Into A Mutual Accreditation Agreement With Prudential Life Health Care, Represented By Its AVP-Medical Division, Dr. Alvin T. Cabral”, was unanimously approved by the body on its second and final reading, on motion of Councilor John Carlos G. Delos Reyes.

Other Matters

A. On motion of Gina G. Perez, Draft Ordinance No. 2007 – O- 36 – “An Ordinance Implementing The Temporary Closure Of Ramon Magsaysay Drive On October 26, 2007, From 9:00 AM To 2:00 AM”, was considered as an urgent matter and consequently was approved unanimously on its second and final reading.

B. As requested by her colleagues, Councilor Perez requested that the word American be stricken out of records as mentioned by her during the discussion of Draft Ordinance No. 2007 – O-29 and Councilor Aquino also requested to erase the different places he mentioned. The recommendation was approved by majority vote.

Adjournment

There being no further matters to be discussed, the session was adjourned at 6:25 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