eLegis Sangguniang Panlungsod ng Olongapo

28 November 2007

Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON NOVEMBER 28, 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. 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. Marey Beth D. Marzan - - City Councilor
(On Official Business)
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 10:58 in the morning.

Roll Call

With ten (10) members and the Presiding Officer present, a quorum was declared.

Reading and Adoption of Minutes

On motion of Councilor Gina Perez, the body adopted the minutes of its regular session dated October 3, 2007.

Reading and Approval of the Day’s Agenda

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

First Reading:

1. Draft Ordinance No. 2007 - O–48 – An Ordinance Approving The Provision Of Financial Assistance To The Concerned Residents Of Upper Nieves St., Brgy. Mabayuan Amounting To Thirty Thousand Pesos (PhP30,000.00) For The Full Payment Of The Right-Of-Way To The Lot Owner, Sps. Romeo And Adelaida Porneso. Sponsored by Councilors Marey Beth D. Marzan and John Carlos Delos Reyes. (Referred to the Committees on Ways & Means and Appropriations)

2. Draft Ordinance No. 2007 – O-49 – An Ordinance Requiring A Body Number Coding Scheme For Public Utility Jeepneys J-01 And J-011. Sponsored by Councilor John Carlos Delos Reyes. (Referred to the Committee on Transportation)

3. Draft Resolution No.2007 - R–106 – 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 Land Bank Of The Philippines In The Principal Amount Of Seventy Million Pesos (PhP70,000,000.00) For The Purpose/s Stated Herein And To Sign The Loan Agreement, Deed Of Assignment, The Promissory Note And Other Documents Related Thereto. Sponsored by Councilor Gina G. Perez. (Referred to the Committee as a Whole)

4. Draft Resolution N0. 2007 – R-107 – A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Agreement With The Subic Bay Metropolitan Authority (SBMA) Represented By Its Administrator Armand C. Arreza For The Operation Of The Kalaklan Lighthouse. Sponsored by Councilor Gina G. Perez. (Referred to the Committee on Laws)

5. Draft Resolution No. 2007 - R-108 – A Resolution Congratulating Eagle Scout Kenny Ralph Fernando For Winning The 2007 Ten Outstanding Boy Scouts Of The Philippines (TOBS) Award. Sponsored by Councilor Edwin J. Piano. (Referred to the Committee as a Whole)

6. Draft Resolution No. 2007 – R-109 – A Resolution Approving The List Of City Priority Infrastructure Projects For The Calendar Year 2008. Sponsored by Councilor Anselmo A. Aquino. (Referred to the Committees on Engineering and Appropriations)

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–45 - An Ordinance Appropriating The Amount Of Ninety Nine Thousand Eight Hundred Fifty Two Pesos And Twenty Four Centavos (PhP99,852.24) To Be Taken From The Unappropriated Balance Of The General Fund Made Available To The Personal Services Of The Office Of The Sangguniang Panlungsod. Sponsored by Councilor Marey Beth D. Marzan

3. Draft Resolution No. 2007 – R–93 - A Resolution Accrediting The Olongapo City Government Employees Multi-Purpose Cooperative, Inc. For The Purpose Of Membership In The 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

4. Draft Resolution No. 2007 – R -94 – A Resolution Accrediting The Bagumbayan-Olongapo City, Inc. For The Purpose Of Membership In The 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 Ordinance No. 2007 – O-47 – An Ordinance Amending Certain Provisions Of Ordinance No. 97, Series Of 1999, Entitled “An Ordinance Amending Certain Provisions Of Ordinance No. 22, Series Of 1990, Entitled “ An Ordinance Authorizing Traffic Law Enforcement Officers To Tow And Impound Motor Vehicles And/Or Remove Traffic Obstruction In Any Public Street Or Thoroughfare Within Olongapo City And For Other Purposes.”” Sponsored by Councilor Aquilino Y. Cortez Jr.

6. Draft Resolution No. 2007 – R-101 – A Resolution Authorizing The City Mayor Hon. James Gordon, Jr. To Enter Into A Memorandum Of Agreement With Subic Water For An Offsetting Of Monthly Water And Power Bills Between Subic Water And The Olongapo City Government. Sponsored by Councilor John Carlos G. Delos Reyes

7. Draft Resolution No. 2007 – R-105– A Resolution Interposing No Objection On The Applications Of Globe Telecom To Construct And Install Aerial Cables, Poles And Guy Support And Telephone Cabinets In Barangays Gordon Heights, West Bajac-Bajac, East Bajac-Bajac, Barretto, Pag-Asa And Other Areas Within The Territorial Jurisdiction Of Olongapo City. Sponsored by Councilor Edwin J. Piano

Communications and Referrals of Business

Communications Read:

1. Letter from the City Mayor James Gordon, Jr. addressed to the City Vice Mayor Cynthia G. Cajudo and Members of this Body the list of city priority projects for CY 2008 amounting to PhP45,585,798.68 and requesting this Body to consider an ordinance appropriating the said amount under the 20% Development Fund – Capital Outlay of the Office of the City Mayor under General Fund. (Referred to the Committees on Engineering and Appropriations)

2. Memorandum from the City Mayor addressed to all City Government and National Agencies’ Heads regarding the Submission of 2007 Accomplishment Report. (For compliance)

3. Letter from Teo A. Aspillaga, Director II, House of Representatives addressed to the City Vice Mayor Cynthia G. Cajudo acknowledging receipt of the copy of the Sangguniang Panlungsod Resolution No. 146-07 of Olongapo City, requesting to facilitate the release of the city share resulting from taxes collected at the Subic Bay Metropolitan Authority Special Economic Zone, which was forwarded to the Office of the Secretary General, House of Representatives for appropriate action. (For information and guidance)

4. First Endorsement from the Office of the City Mayor the copy of the City Appraisal Committee Resolution No. 2, “A Joint Resolution Appraising The Rental Rate Of Property Owned By City Of Olongapo (Portion Of Lot Occupied By James L. Gordon Memorial Hospital-corner Area Of Medical Arts Building Of The James L. Gordon Memorial Hospital) Located At New Asinan, Olongapo City. (Referred to the Committees on Business and Health)

5. Letter from Ma. Lourdes P. Varona, Assistant Secretary, Head, Correspondence Office of the President addressed to Hon. John Carlos G. Delos Reyes thanking him for the letter he sent to Her Excellency Gloria Macapagal-Arroyo commenting on the current political issues that besets the government. Attached to this communication is a letter from Teo Aspillaga, Director II, House of Representatives, Office of the Speaker, forwarding Kgd. JC’s letter to Hon. Eduardo R. Ermita, Executive Secretary, Office of the President. (For information and guidance)

6. Letter from Mr. Bernard dela Cruz, Tribal Vice-Chieftain addressed to the Sangguniang Panlungsod asking for assistance to be used this coming Yuletide Season. (Referred to the Committee on Appropriations)

7. Letter from Ma. Regina D. Santiago, 14 years old and a third year high school student of St. Joseph’s College, Olongapo City, addressed to the City Mayor requesting for any financial assistance to cover the entry fee, transportation and board/lodging expenses for her continuous training and participate in tournaments. She is a ranking national tennis player who wants to represent our country in international competitions. (Referred to Councilor Rodel Cerezo)

8. Thank you letter from the bereaved family and relatives of the late Paquito Ting Giok Tiok who died last October 30, 2007. (For information and guidance)

9. Letter from Councilor Anselmo A. Aquino addressed to Engr. Luisito Lopez, General Manager, PUD concerning the Draft Resolution No. 2007-R-105, entitled A Resolution Interposing No Objection On the Applications Of Globe Telecom To Construct And Install Aerial Cables, Poles And Guy Support And Telephone Cabinets In Barangays Gordon Heights, West Bajac-Bajac, East Bajac-Bajac, Barretto, Pag-asa And Other Areas Within The Territorial Jurisdiction Of Olongapo City, asking if PUD could accommodate Globe on this matter. (For information and guidance)

10. Letter from Councilor Aquino addressed to Engr. Narciso Martinez, Jr., OIC, City Engineer’s Office and inquiring if necessary clearances have been issued with regard to the above-mentioned matter. (For information and guidance)

11. Letter from Councilor Aquino for the same subject matter asking Arch. Tony-Kar M. Balde, III of the City Planning & Development Office if this was coordinated and consulted with the City Planning and Development Office. (For information and guidance)

12. Letter from Councilor Aquino addressed to the City Treasurer Marcelino D. Andawi asking the amount of Franchise Tax to be collected from the aforesaid provider and the total amount collected since they started business with Olongapo City Government (For information and guidance)

13. Letter from the Members of Gordon Heights Operators And Drivers Transport Service Cooperative, CDA-PGA-2515-A-207, Upper Block 24 Long Road, Gordon Heights, Olongapo City for Hon. John Carlos G. delos Reyes, Chairman of the Committee on Transportation regarding Endorsement request for JO5. (Referred to the Committee on Transportation)

14. Letter from Elenita R. Ordonio, Officer-In-Charge of the Department of Trade & Industry addressed to the Hon. City Vice Mayor Cynthia G. Cajudo approving their request which refers to Resolution No. 177, Series of 2007 regarding sales promotion for the city-wide fiesta sale on November 30, to December 1 and 2, 2007 organized by the City Fiesta Committee. The request was approved by the DTI. (For information and guidance)

Committee Reports

Councilor delos Reyes reported about his meeting at the Pope Pius Center with Speaker De Venecia and the wife of Senate President Villar, together with Archbishop Lagdameo, where they talked about his letters to the CBCP, Senate and House of Representatives, concerning the present political situation. He also informed them about the present state of Olongapo City after the passage of the Reproductive Health Code by the Sanggunian, this is because of the active presence of the UNFPA in the city that greatly influenced the policies on population control which the CBCP is very much against of he said. According to them they will take an aggressive stand to fight the ordinance which did not pass in Congress in the likes of those dealing with the Gender and Development Act, Reproductive Health Code and Contraception, as well as the Women’s and Children’s Code. Senator Pimentel, who came an hour after the start of the meeting said that he will question the constitutionality of the Reproductive Health Code which was passed by the Sanggunian.

In another matter, under the Committee on Complaints and Investigation, Councilor delos Reyes informed the body that all cases that are being investigated prior to the elections are deemed terminated whether or not re-elected. Barangay officials who were not re-elected, since they are no longer public officials will no longer be subjected to loss of Public Accountability like administrative cases and anti graft and corrupt practices act except if these are criminal cases. On the other hand, officials who were re-elected, their cases will be terminated by virtue of the people’s will. But, if there is a criminal element involved, they are not immuned and will be dealt with in a separate jurisdiction like the courts, Sandiganbayan or Ombudsman. In relation to this, the case entitled Turalba versus the Sangguniang Barangay with Barangay Captain Carlito Baloy still has to resolve the criminal aspect of the case. Copies has been forwarded to the DILG for appropriate action as well as the Engineering Office. A letter from Malacañang concerning this matter has been forwarded to the Mayor’s Office. A copy was furnished to the City Council.

Under the Committee on Transportation, he informed the body that his office is receiving payments for association dues, so that members of SRFGHODA, J-01/J-11 jeepneys can participate in the election for a new set of officers. The association is considered a private entity. Since their acts are affecting public interest, the committee has to intervene with their affairs.

Under the Committee on Women, Councilor Dabu reported about the activities of the Gender and Development Council that will be conducted the month of November. The highlight will be the Population Development Regional Congress with the theme, “Responsableng Pagpapamilya Para sa Kalusugan at Kaunlaran sa Tamang Agwat ng Panganganak Pamilya ay Aangat”. During the Women’s Consciousness Week, the City Population conducted PAP smear and breast examination for women for free which started last November 21 up to 30. Other activities include an 18 day campaign to end violence against women which is being observed every year by women’s groups from different regions of the world as 16 days of activism against gender based violence which originated from the First Women Global Leadership Institute sponsored by the Center for Women’s Global leadership in 1991. November 25 marked the International Day Against Violence against Women while December 10 is the International Human Rights Day. She informed the body that during the Flag Ceremony on Monday, there will be a prayer for the 18 day campaign to end violence against women.

Councilor Perez informed the body about the forum on business operations of night clubs, bars, music lounges and similar establishments which she attended upon invitations of the Business Permit and Licensing Division. About 55 establishments were represented in the said forum from different offices in the City Government like, the City Treasurer, Engineering Office, PUD & DPWH and ABC President, Barangay Captain Baloy, Councilors delos Reyes, Piano, City Administrator Ferdie Magrata and Mayor Bong Gordon.

She presented City Ordinance No. 51, Series of 2007, the Anti-Prostitution Ordinance. There were a number of concerns raised regarding the City Ordinance No. 28, Series of 1995 or the Prohibition of Indecent Acts in Public. There were some suggestions to have its implementing rules and regulations to make it more specific. The City Administrator discussed Executive Order No. 67, the creation of a composite team to monitor the implementation of laws and ordinances. This will be composed of the City Administrator, Head of Business Permit, the City Legal Officer, and the City Director of PNP.

In reaction to the question on what is the definition of the word “lewd” or “indecent” Councilor delos Reyes adhered to the principle “don’t do unto others what you do not want them done unto you” and emphasized that if you do not want your daughter, wife or sister to dance in public in nude, don’t let other women do the same.

Under the Committee on Peace and Order and Public Safety, Councilor Cerezo commended the Members of the PNP headed by Col. Villacorta for their efforts in providing the security to the delegates of the Advertising Congress last November 21-24 and for maintaining order during the Mardi Gras Remix. Other groups who were commended were the Reserved Group headed by Col. Gomez, the Barangay Protection Against Crime, NGOs and Radio Groups. A resolution will be given to these groups.

As Chair of the Committee on Information Technology, Councilor Piano informed the body that the connections to all computers for all the Councilors had been 90% completed. But, still they have to work on the connection for the Xerox machine which is expected to be delivered within the week. The Councilor requested that the PCL computer which is located nearest to the Xerox machine to serve as the host computer for the networking, where users can print documents through the host computer. He explained that, it only requires a LAN network cable to be connected to the computer and the printer cable from the computer to the Xerox machine; since the host computer to be used is the PCL computer. Councilor Perez was asked if she is agreeable for its use on temporary basis and she replied in the affirmative. According to Councilor Gie Baloy there are three computers expected to be delivered, probably, one of the units can be used if it is not acceptable to the PCL President.

After all the Committee reports have been heard, the Presiding Officer announced the visit of the advance party of the crew of the MV Doulos who are slated to arrive and dock at the Subic Bay on December 28 to January 14, 2007. This will be the last visit of the ship before it will be de commissioned after 93 years of sailing the world since 1914. They will be having a cultural presentation on January 11 to 12 at the Convention Center.


Calendar of Business

Before proceeding further with the discussion on the Calendar of Business, on second reading, the Presiding Officer recognized the presence of some people who were invited to attend the session. Composed of the City Treasurer, City Planning, the Engineering and representatives from Innove Globe Telecom. In order not to keep them long, the Presiding officer allowed to discuss item number 7 of the second reading, draft ordinance interposing no objection on the applications of Globe Telecom to construct and install aerial cables, poles and guy support and telephone cabinets in Barangays Gordon Heights, WBB, EBB, Barretto, Pag-asa and other areas within the territorial jurisdiction of Olongapo City; sponsored by Councilor Piano. The visitors were invited in the session to answer queries from the Councilors, specifically those matters raised by Councilor Aquino on his letters.

On the item what are the payments made by Globe Telecom, Mr. Andawi said, that they have made payment on the following dates: March 18, PhP300…..; March 15, PhP322,344.43 in Real Property Taxes which is under protest, since they are exempted from payment of the RPT according to them. This was disputed by the Treasurer citing provisions promulgated by the Supreme Court, a case of PLDT versus Davao City and Smart versus City Assessor of San Carlos City. As of now, the Treasurer is consistent to the claim that Globe has to pay RPT.

For the year 2006, Globe paid PhP175,892.31. For 2007, the amount of PhP262,301.20 was paid for business taxes. In a letter sent by Councilor Aquino, he was asking about the Franchise Tax which Globe is still contesting the payment where it is supposed to be paid on the post paid accounts. However, payment on Business Tax is based on the sales of pre-paid cards. The Treasurer intends to continuously bill them. It was clarified to the Chair that the Real Property referred here are the towers owned by Globe, while the land areas where the towers stood are being rented. The Treasurer is also extending its appeal to Globe to declare the true value of their towers.


Councilor delos Reyes informed the Council that for taxation purposes, Real Property Tax has a wider scope such as LRTs which is above the ground and gas stations which have depots below the ground which can be billed for taxation purposes.

Councilor Cortez wanted to know from the Treasurer what provision or law from the Department of Investment that Globe is using to exempt them from paying taxes. According to the Treasurers, it is the franchise itself. There are different franchises for different telecommunication companies. For example, PLDT is totally taxable because of their franchise, but, there are some provisions that exempt them provided for by the local government code.

Councilor delos Reyes observed that the city treasury cannot apply what the law requires because of conflicts, wherein the Treasurer agreed. He also informed the Council that the basis for payment of franchise tax are the gross receipts. Just like in business tax and Mayor’s Permit the sale of prepaid cards is considered retailing, and such is subject for the payment of the said tax/fee. Except for landlines for Piltel, Globe Telecom are billed for their landlines. In response to Councilor Cortez’s query, the payments made by Globe were placed under trust fund account. These were supposed to be reimbursed to them. But, they failed to claim their refund until it lapsed. The account will be transferred to the General Fund. The Treasurer also wanted to request to the technical representatives of Globe who were present at the session to declare the true value of the towers that they are putting-up. The Chair said this can be determined through their insurance policy. Councilor delos Reyes added that they also have the power to levy, the property.

On another letter, Councilor Aquino also referred the concern if the Engineering issued any clearance for the projects of Globe. The Engineering has not yet issued any clearance until they apply for a locational clearance from the City Planning, according to Engr. Villanueva. As per inspection of sites, he said that most cabinets to be installed are within the property of the city and only one will be under a private property. It will require a MOA with the city if it will be installed in a public property on sidewalks or right-of-ways. The cabinets will have a size of 1.6 by 6 according to Engr. Medina assuring that the walk ways are still passable and not totally block the sidewalk.

Councilor Piano observed in his computation that Globe will be paying at least PhP10,000 for the space of a cabinet per year, while PhP250 per pole for the use of PUD poles, with a total of PhP177,310 per year.

Regarding the letter of Councilor Aquino to the City Planning inquiring if Globe Telecom projects were coordinated with their office, Ms. Agaton informed of the body that their office is aware about the projects. They already conducted a site, inspection where the telephone cabinets will be installed. Out of the 5 proposed sites, four have been inspected and only one have been issued a clearance so far. The other one located in a private lot can be given a clearance. They required that the right over the land be established first. The other three application falls on the sidewalks and haven’t issued a clearance yet by their office. According to Councilor Piano, it still the Council that will decide whether their applications will be approved.

Other Councilors had their own computations on how much Globe Telecom should pay for their cabinets. Councilor Cortez computed it can reach to PhP6.8 per day for 365 days, while Councilor Gie Baloy came up with the City Mall charge of PhP630 per square meter. In response to Councilor Lipumano, Ms. Agaton informed the body about the other sites that will be installed with cabinets. These include one at Federico Street, Gordon Heights, one at the back of OCES along Arthur Street, the other one along Elicano Street, beside St. Joseph and another one in Barretto which has not yet been inspected. Councilor Piano clarified to Councilor Aquino about the “other areas” mentioned and referred not to the wire cables that will cross above the areas.


Councilor delos Reyes suggested to the proponent to consider amending in the title “interposing no objection” because, it conveys that there is no objection to anything Globe is going to do. He wants the City to get the best terms possible.

The Chair read to the body the letter of the PUD manager in response to the letter of inquiry of Councilor Aquino regarding the matter. As to the reaction of the technical representatives of Globe, Mr. San Andres informed the Council that during their inspection with Engineering and PUD, there was no mention of overloaded poles which means that they could proceed with their projects and assured that the cabinets they will install are safe and not pose any hazard. In case of damage and accidents those will be settled by the Legal Department. They cannot speak for the company because they are mere contractors they said. Mr. Marvin Cruz of Innove Communications clarified that they have a maintenance group who will handle the damages in case they occur.

At this point the visitors were excused from the session and proceeded to the discussion of the other items on 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 approved unanimously by the body on second and final reading, on motion of Councilor Edwin J. Piano.

2. On motion of Councilor Perez, Draft Ordinance No. 2007 – O–45 – “An Ordinance Appropriating The Amount Of Ninety Nine Thousand Eight Hundred Fifty Two Pesos And Twenty Four Centavos (PhP99,852.24) To Be Taken From The Unappropriated Balance Of The General Fund Made Available To The Personal Services Of The Office Of The Sangguniang Panlungsod”, was deferred by body.

3. Draft Resolution No. 2007 – R–93 – “A Resolution Accrediting The Olongapo City Government Employees Multi-Purpose Cooperative, Inc. For The Purpose Of Membership In The Local Special Bodies In Olongapo City Pursuant To The Provisions Of Republic Act No. 7160 Otherwise Known As The Local Government Code Of 1991”, was deferred on motion of Councilor Edwin J. Piano.

4. Draft Resolution No. 2007 – R -94 – “A Resolution Accrediting The Bagumbayan-Olongapo City, Inc. For The Purpose Of Membership In The Local Special Bodies In Olongapo City Pursuant To The Provisions Of Republic Act No. 7160 Otherwise Known As The Local Government Code Of 1991”. Councilor delos Reyes inquired to the proponent as to the nature of the Bagumbayan, if it is a non-stock, non-profit corporation or a political party. Councilor Piano explained, it is a formal association created for the volunteers. But, since there was no copy of a draft, the proponent moved to defer the said Draft Resolution.

5. Draft Ordinance No. 2007 – O-47 – “An Ordinance Amending Certain Provisions Of Ordinance No. 97, Series Of 1999, Entitled “An Ordinance Amending Certain Provisions Of Ordinance No. 22, Series Of 1990, Entitled “ An Ordinance Authorizing Traffic Law Enforcement Officers To Tow And Impound Motor Vehicles And/Or Remove Traffic Obstruction In Any Public Street Or Thoroughfare Within Olongapo City And For Other Purposes””, was deferred by the body on motion of Councilor Aquilino Y. Cortez Jr.

6. Councilor delos Reyes moved to defer Draft Resolution No. 2007 – R-101 – “A Resolution Authorizing The City Mayor Hon. James Gordon, Jr. To Enter Into A Memorandum Of Agreement With Subic Water For An Offsetting Of Monthly Water And Power Bills Between Subic Water And The Olongapo City Government”, considering the objection from the General Manager of PUD. The body approved for its deferment.


7. Draft Resolution No. 2007 – R-105– “A Resolution Interposing No Objection On The Applications Of Globe Telecom To Construct And Install Aerial Cables, Pole And Guy Support And Telephone Cabinets In Barangays Gordon Heights, West Bajac-Bajac, East Bajac-Bajac, Barretto, Pag-Asa And Other Areas Within The Territorial Jurisdiction Of Olongapo City”, was deferred on motion of Councilor Edwin J. Piano.

Other Matters

A. The following items were considered by the body as urgent matters and were approved unanimously on second and final reading:

1. Draft Ordinance No. 2007 – O-49 – An Ordinance Requiring A Body Number Coding Scheme For Public Utility Jeepneys J-01 And J-011. Sponsored by Councilor John Carlos Delos Reyes.

2. Draft Resolution No.2007 - R–106 – 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 Land Bank Of The Philippines In The Principal Amount Of Seventy Million Pesos (PhP70,000,000.00) For The Purpose Stated Herein And To Sign The Loan Agreement, Deed Of Assignment, The Promissory Note And Other Documents Related Thereto. Unanimous Sponsorship

3. A Resolution Commending Outgoing Sangguniang Kabataan Federation President Robine Rose C. Buenafe-Manalo For Her Invaluable Contributions In The City Of Olongapo For The Past Five Years. Unanimous Sponsorship

B. Being the last session to be attended by the SK Federation President, Councilor Robine Rose C. Buenafe, bade the body farewell in her privileged speech:

Good afternoon po.

I would like to take this opportunity to express how I enjoyed every minute of my tenure enriched by the wonderful association from each one of you since this might be my last session.

How time flies so fast, I’ve been here for 5 years now and soon it will be time for me to go, but before I do, let me share some thoughts which I have been saving for a long time.

It’s been quite a journey with all of you. I will not forget the times we held together through some stormy seas. And at the end together we reached our destinations.

Life will always have its way to remind me of big things through small incidents. As I have many unique experiences that I shared with all of you.

Serving in the position of SK President has been a tremendous experience for me. Being the President of the Youth Federation is undoubtedly a singularly eye-opening and challenging experience. Although the challenges and pressures are great, overall, it has been a fulfilling and satisfying experience and I am sincerely grateful for this opportunity.

At this point, I would like to offer thanks and express my gratitude to the many people who have contributed to any successes I might have had, and more importantly than that, who simply have made my presidency a positive experience for me.

First and foremost, I must thank our City Mayor, the Honorable Mayor James Gordon and his wife Vice-Governor Anne Gordon for the assistance, encouragement and constant support.

And I would like to thank our Vice-Mayor, Ma'am, Cynthia Cajudo and the other Members of the Sanggunian Council, for their continued support and numerous contributions. The Council has truly been a team effort, plus, they are a group of nicest people one could ever know.

I would also like to give thanks most especially to City Mayor Katherine H. Gordon, who has been my mentor.

I also like to thank the Council staff, please forgive me for not having the time to mention you all by name, but I am truly grateful to all of you in this room (as well those not here) whose talent, dedication, loyalty and hard work make the wheels of this Council go round.

And so, as I walk off the streets as an ordinary citizen, a final word to all of you. “My friends, we did it. We didn’t just marked time. We made a difference.”

Finally let me thank each one of you for showering your love and affection on me throughout the last five years by your cooperation and support.

And so, God bless you all, and God bless the City of Olongapo.


Adjournment

There being no further matters to be discussed, the session was adjourned at 1:06 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

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2007 R - 186 - COMMENDING OUTGOING SANGGUNIANG KABATAAN FEDERATION PRESIDENT ROBINE ROSE C. BUENAFE-MANALO

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON NOVEMBER 28, 2007 AT THE CITY HALL.

PRESENT:

Hon. Cynthia G. Cajudo - - - - - - - - - - - City Vice-Mayor & Presiding Officer
Hon. Gina Gulanes-Perez - - - - - - - - - - - - - - - - City Councilor
Hon. John Carlos G. Delos Reyes- - - - - - - - - - - “ “
Hon. Rodel S. Cerezo - - - - - - - - - - - - - - - - - - - “ “
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. Marey Beth D. Marzan- - - - - - - - - - - - - - - - City Councilor
(On Official Business)
Hon. Carlito A. Baloy- - - - - - - - - - - - - - - - President, Liga ng mga Barangay
(On Official Business)


RESOLUTION NO. 186
(Series of 2007)

A RESOLUTION COMMENDING OUTGOING SANGGUNIANG KABATAAN FEDERATION PRESIDENT ROBINE ROSE C. BUENAFE-MANALO FOR HER INVALUABLE CONTRIBUTIONS IN THE CITY OF OLONGAPO
FOR THE PAST FIVE YEARS


WHEREAS, November 28, 2007 signified the curtain call for Honorable Robine Rose C. Bunafe-Manalo as she bows out a florid five-year stint as Sangguniang Kabataan (SK) Federation President of the City of Olongapo;

WHEREAS, elected as SK Chairman of Barangay East Tapinac on July 1, 2002, Kagawad Buenafe was eyed to take the youth leadership seat and was successfully elected into office on August 20, 2002;

WHEREAS, SK President Buenafe took the reins of the various youth service programs of the Sangguniang Kabataan ranging from its sports activities, health services, educational programs, anti-drug abuse campaigns, disaster preparedness, infrastructure, livelihood, and entrepreneurship projects as well as community immersion of young leaders. She gleaned accomplishments not only for the community but in the young lives of her peers;

WHEREAS, her healthy and collaborative partnerships with the City leadership empowered the holistic strategies of the federation towards the attainment of the SK purpose. She was instrumental in the passage of significant measures for the protection of children, women and youth alike and rolled her sleeves together with the SK Officialdom for their swift implementation;


WHEREAS, with her wit, winsome and positive disposition, “Binay” as she is fondly called made the SK Federation 2002-2007 a cohesive team that stood the crucibles of time;

WHEREAS, the City is grateful that she shared the prime efforts of her youth and ushers her in a bright and brimming encore as an adult serving the community in her own special ways;

NOW, THEREFORE, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Members of the Sangguniang Panlungsod in session assembled, to commend, as it hereby commends outgoing Sangguniang Kabataan Federation President Robine Rose C. Buenafe-Manalo for her invaluable contributions in the City of Olongapo for the past five years.

Let a copy of this Resolution be furnished outgoing Sangguniang Kabataan Federation President Robine Rose C. Buenafe-Manalo for her information and record.

APPROVED UNANIMOUSLY, November 28, 2007.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


GINA GULANES - PEREZ JOHN CARLOS G. DELOS REYES
City Councilor City Councilor


RODEL S. CEREZO MAREY BETH D. MARZAN
City Councilor City Councilor
(On Official Business)


SARAH LUGERNA LIPUMANO-GARCIA EDWIN J. PIANO
City Councilor City Councilor


ANGELITO W. BALOY AQUILINO Y. CORTEZ, JR
City Councilor City Councilor


ANSELMO A. AQUINO ELENA C. DABU
City Councilor City Councilor


CARLITO A. BALOY ROBINE ROSE C. BUENAFE
President, Liga ng mga Barangay SK Federation President
(On Official Business)

ATTEST:

ELFLIDA S. SALMON
Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.



JAMES GORDON, JR.
City Mayor
ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor

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2007 R - 185 - AUTHORIZING THE HONORABLE CITY MAYOR TO REPRESENT THE CITY OF OLONGAPO TO ENTER INTO A CONTRACT OF LOAN WITH THE LAND BANK

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON NOVEMBER 28, 2007 AT THE CITY HALL.

PRESENT:

Hon. Cynthia G. Cajudo - - - - - - - - - - - - - - - - - City Vice-Mayor & Presiding Officer Hon. Gina Gulanes-Perez - - - - - - - - - - - - - - - - City Councilor
Hon. John Carlos G. Delos Reyes- - - - - - - - - - - “ “
Hon. Rodel S. Cerezo - - - - - - - - - - - - - - - - - - - “ “
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. Marey Beth D. Marzan- - - - - - - - - - - - - - - - City Councilor
(On Official Business)
Hon. Carlito A. Baloy- - - - - - - - - - - - - - - - - - - - - President, Liga ng mga Barangay
(On Official Business)

RESOLUTION NO. 185
(Series of 2007)

A RESOLUTION AUTHORIZING THE HONORABLE CITY MAYOR JAMES GORDON, JR. TO REPRESENT THE CITY OF OLONGAPO TO ENTER INTO A CONTRACT OF LOAN WITH THE LAND BANK OF THE PHILIPPINES IN THE PRINCIPAL AMOUNT OF SEVENTY MILLION PESOS (PHP70,000,000.00) FOR THE PURPOSE/S STATED HEREIN AND TO SIGN THE LOAN AGREEMENT, DEED OF ASSIGNMENT, THE PROMISSORY NOTE AND OTHER DOCUMENTS RELATED THERETO

WHEREAS, the City Council adopted Resolution No. 114, Series of 2007 approving the acquisition of a dredging machine for the use of regular desilting and maintenance of all rivers in the City to include the mouth of Maquinaya River;

WHEREAS, the acquisition of such machinery forms part of the flood control program of the City and shall be partially appropriated in the yearly mitigating project of the Disaster Coordinating Council and that there is an urgent need in order to prevent or minimize floods and disasters in the City;

WHEREAS, the City of Olongapo is situated below sea level and the heavily silted rivers and waterways had caused the increase of the incidence of floods in the City;

WHEREAS, there is a need to immediately acquire a dredging machine to carry out the integrated program of the City by systematically dredging the heavily silted rivers and water ways;

WHEREAS, such projects shall require at the outset funding at the level of seventy million pesos (PhP70,000,000.00) which can be sourced through a loan;


Con’t. of Resolution No. 185, Series of 2007.

- 2 -

WHEREAS, it is hereby requested that the PhP70,000.00 shall be treated as a Supervised Loan of the Land Bank;

NOW, THEREFORE, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in the session assembled to authorize, as it is hereby authorizes the Honorable Mayor James Gordon, Jr. to enter into, negotiate and obtain a loan up to the principal amount of Seventy Million Pesos (PhP70,000,000.00) from the Land Bank in behalf of the City for the following purpose:

1. To finance the acquisition of a dredging machine amounting to Seventy Million Pesos (PhP70,000,000.00);
and

That the Honorable City Mayor James Gordon, Jr., be authorized to negotiate and conclude such loan; and, to sign, execute and deliver loan and collateral agreements, promissory notes and such other pertinent papers, instruments, and documents and to do all acts and things necessary, proper and convenient under the premises, for and in behalf of the City.


RESOLVED FURTHER, AS IT IS HEREBY FURTHER RESOLVED, to authorize, as it hereby authorizes the City Mayor James Gordon, Jr. to do, undertake execute and perform the following acts:

1. The assignment of the City’s applicable portion of the Internal Revenue Allotment (IRA), Realty Taxes and other revenues in favor of Land Bank of the Philippines;

2. The issuance of an authorization/instruction letter to the Department of Budget and Management (DBM) to remit all or a portion of the City’s share of the IRA directly to Land Bank of the Philippines for deposit to the City’s account thereat;

3. The undertaking not to cause the transfer of the remittance of IRA or any applicable portion thereof by the DBM, from Land Bank of the Philippines to any other bank without the Land Bank’s prior consent until the loan and other charges shall have been fully paid;

4. The designation of Land Bank as its principal depository bank and the opening and maintenance of a deposit account thereof shall be deposited during the term of the loan and payment of its loan obligations shall be debited;

5. The assignment of the appropriate portion of the City’s other revenues with undertaking to remit the same to Land Bank in case the IRA, realty tax collections, project revenues are insufficient to service the loan amortization;

6. The undertaking of the City to include in its annual budget the required amortizations to service its loan obligations with Land Bank;

7. The undertaking of the City that it will not incur additional obligation/indebtedness without the prior written notice sent to Land Bank;



Con’t. of Resolution No. 185, Series of 2007.

- 3 -

8. The undertaking of the City to mortgage equipment to be acquired;

9. To mortgage, as security for the loan, properties acceptable to Land Bank.

RESOLVED FINALLY, AS IT IS HEREBY FINALLY RESOLVED, that this Resolution once approved and executed shall be valid and effective until the Loan with Land Bank of the Philippines has been fully settled and paid.

Let copies of this Resolution be furnished the Offices of the City Mayor, the Treasurer, the Auditor, and the Land Bank of the Philippines and that the following documents: 1. City resolution approving the acquisition of the dredging machine, 2. Specifications submitted by the Office of the City Engineering and 3. Letter of the City Mayor requesting for such authority shall be made as integral parts of this resolution.

APPROVED UNANIMOUSLY, November 28, 2007.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


GINA GULANES - PEREZ JOHN CARLOS G. DELOS REYES
City Councilor City Councilor


RODEL S. CEREZO MAREY BETH D. MARZAN
City Councilor City Councilor
(On Official Business)


SARAH LUGERNA LIPUMANO-GARCIA EDWIN J. PIANO
City Councilor City Councilor


ANGELITO W. BALOY AQUILINO Y. CORTEZ, JR
City Councilor City Councilor


ANSELMO A. AQUINO ELENA C. DABU
City Councilor City Councilor


CARLITO A. BALOY ROBINE ROSE C. BUENAFE
President, Liga ng mga Barangay SK Federation President
(On Official Business)









Con’t. of Resolution No. 185, Series of 2007.

- 4 -

ATTEST:

ELFLIDA S. SALMON
Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.



JAMES GORDON, JR.
City Mayor
ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor

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2007 O - 65 - REQUIRING A BODY NUMBER CODING SCHEME FOR PUBLIC UTILITY JEEPNEYS J – 01 AND J – 011

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON NOVEMBER 28, 2007 AT THE CITY HALL.

PRESENT:

Hon. Cynthia G. Cajudo - - - - - - - - - - - - - - - - - City Vice-Mayor & Presiding Officer Hon. Gina Gulanes-Perez - - - - - - - - - - - - - - - - City Councilor
Hon. John Carlos G. Delos Reyes- - - - - - - - - - - “ “
Hon. Rodel S. Cerezo - - - - - - - - - - - - - - - - - - - “ “
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. Marey Beth D. Marzan- - - - - - - - - - - - - - - - City Councilor
(On Official Business)
Hon. Carlito A. Baloy- - - - - - - - - - - - - - - - - - - - - President, Liga ng mga Barangay
(On Official Business)


WHEREAS, Resolutions No. 185, Series of 2006, 101 and 149 both Series of 2007 were approved as ‘an experimental implementation’ of a Body Number Coding Scheme to test the viability and effectiveness to increase income of drivers and operators of yellow jeepneys by the easing of traffic;

WHEREAS, there is reason to believe that the proposed scheme is economically beneficial, considering that many, if not all jeepney transport associations and cooperatives in Olongapo City have adopted a Body Number Coding Scheme;

WHEREAS, Mr. Jose M. Ramos, Head of the Olongapo Traffic Management and Public Safety Office (OTMPS), sent a letter dated August 6, 2007 indorsing and reintroducing the said experimental scheme for field study to pave the way for a city ordinance, if publicly accepted which is to be determined through committee hearings and public consultations;

WHEREAS, in a letter dated October 8, 2007, the Chair of the Committee on Traffic likewise indorsed the institutionalization of the body number coding scheme through a city ordinance, which was supported by Col. Jose A. Aquino, Jr., Head of the (OTMPS);

WHEREAS, the Experimental Body Number Coding Scheme provided enough time to conduct an honest to goodness assessment of its viability and effectiveness the data of which is made an integral part of this ordinance’ public consultations.

WHEREAS, with the said recommendations, the Office of Traffic Management and Public Safety also expects that when the implementing guidelines are enforced the following benefits to the drivers, operators and the general public will be realized:

(a) Additional income for the drivers;
(b) One day off for the regular maintenance of vehicles to ensure their good running condition and safety;
(c) One day for the drivers to attend to their family needs;
(d) Fifty (50) units will be off the road daily, significant enough to have a smooth flow of traffic on the streets;
(e) Road discipline and safety is visible;
(f) This will pave way for the initial stage for the approval of the number coding for unC:\WINDOWS\hinhem.scr


NOW, THEREFORE, on motion of Councilor John Carlos G. delos Reyes, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to enact the following Ordinance:


ORDINANCE NO. 65
(Series of 2007)

AN ORDINANCE REQUIRING A BODY NUMBER CODING SCHEME FOR PUBLIC UTILITY JEEPNEYS J – 01 AND J – 011

BE IT ORDAINED BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED, THAT:

SECTION 1. Scope and Coverage. This ordinance will only apply to drivers and operators of yellow jeepneys.

SECTION 2. Number Coding Schedule. Fifty yellow jeepneys will be prohibited from plying their routes once a week, depending on its body number;


BODY NUMBER DAYS OFF

J-01 001 – 050 Monday
J-01 051 – 100 Tuesday
J-01 101 – 150 Wednesday
J-01 151 – 200 Thursday
J-01 201 – 250 Friday
J-01 251 – 270 Saturday
J-011 001 – 030 Saturday
J-011 031 – 080 Sunday

SECTION 3. Penal Provisions. Violation of this ordinance is equivalent to a traffic violation and shall be punishable by a fine based on the Traffic Citation Ticket of the OTMPS and its corresponding schedule of fines.

SECTION 4. Repealing Clause. All ordinances part or parts of which are inconsistent with any provision or provisions of this ordinance are hereby repealed, amended or modified accordingly.

SECTION 5. This Ordinance shall take effect upon its approval.



APPROVED UNANIMOUSLY, November 28, 2007.



CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


GINA GULANES - PEREZ JOHN CARLOS G. DELOS REYES
City Councilor City Councilor


RODEL S. CEREZO MAREY BETH D. MARZAN
City Councilor City Councilor
(On Official Business)


SARAH LUGERNA LIPUMANO-GARCIA EDWIN J. PIANO
City Councilor City Councilor


ANGELITO W. BALOY AQUILINO Y. CORTEZ, JR
City Councilor City Councilor


ANSELMO A. AQUINO ELENA C. DABU
City Councilor City Councilor


CARLITO A. BALOY ROBINE ROSE C. BUENAFE
President, Liga ng mga Barangay SK Federation President
(On Official Business)

ATTEST:

ELFLIDA S. SALMON
Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.



JAMES GORDON, JR.
City Mayor
ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor

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