Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON JANUARY 30, 2008 AT THE CITY HALL

Present:

Hon. Gina G. Perez - - City Councilor & Temporary Presiding Officer

Hon. John Carlos G. Delos Reyes- - City Councilor

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

Hon. Cheenee F. Hoya - - SK Federation President

Absent:

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

Call to Order

The session was called to order at 5:05 p.m. by Councilor Gina G. Perez, appointed as Temporary Presiding Officer by the body on motion of Councilor Anselmo A. Aquino, duly seconded by Councilor Gie Baloy.

A Certificate of Appreciation was awarded to Brother Rodelio M. Alba for leading the invocation.

Roll Call

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

Reading and Adoption of Minutes

Councilor John Carlos G. delos Reyes requested to be given a minute to review the minutes.

Recess: 5:00 P.M.

Session Resumed: 5:12 P.M.

On motion of Councilor delos Reyes, the body adopted the minutes of the previous regular sessions held on November 28 and December 5, 2008, respectively.

Reading and Approval of the Day’s Agenda

Before the approval of the day’s agenda, Councilor delos Reyes read the items under the First and Second Reading to wit:

First Reading:

1. Draft Resolution No. 2008 R-012 – A Resolution Approving The Annual Budget Of Barangay Gordon Heights, City Of Olongapo For The Calendar Year 2008. Sponsored by Councilor Edwin J. Piano. (Referred to the Committees on Ways and Means and on Barangay Affairs)

2. Draft Resolution No. 2008 R-013 – A Resolution Approving The Annual Budget Of Barangay West Tapinac, City Of Olongapo For The Calendar Year 2008. Sponsored by Councilor Edwin J. Piano. (Referred to the Committees on Barangay Affairs and on Ways and Means)

3. Draft Resolution No. 2008 R-014 – A Resolution Authorizing The City Mayor, Hon. James Gordon, Jr., To Enter Into A Memorandum Of Agreement In Behalf Of The City Of Olongapo With Mr. Carlo Marcelo, Proprietor Of Preventive Motor Supplies Services, Regarding The Repair And Maintenance Of The City Owned Tow-Truck Under The Office Of The Traffic Management And Public Safety. Sponsored by Councilor Gina G. Perez. (Referred to the Committees on Laws and on Transportation)

4. Draft Resolution No. 2008 R-015 – A Resolution Conveying Deepest Sympathy To The Bereaved Family Of Mrs. Severina E. Gregorio. Sponsored by Majority Party.

5. Draft Resolution No. 2008 R-016 – A Resolution Approving The Application Of Globe Telecom To Construct Telephone Cabinet At Arthur St., West Bajac-Bajac, Olongapo City.

Sponsored by Councilor Edwin J. Piano. (Referred to the Committee on Telecommunications)

6. Draft Resolution No. 2008 R-017 – A Resolution Approving The Application Of Globe Telecom To Construct Telephone Cabinet At Laguna St., Barretto, Olongapo City. Sponsored by Councilor Edwin J. Piano. (Referred to the Committee on Telecommunications)

7. Draft Resolution No. 2008 R-018 – A Resolution Approving The Application Of Globe Telecom To Construct Telephone Cabinet At Gordon Avenue, Pag-Asa, Olongapo City. Sponsored by Councilor Edwin J. Piano. (Referred to the Committee on Telecommunications)

8. Draft Resolution No. 2008 R-019 – A Resolution Approving The Application Of Globe Telecom To Construct Telephone Cabinet At Elicano St., East Bajac-Bajac, Olongapo City.

Sponsored by Councilor Edwin J. Piano. (Referred to the Committee on Telecommunications)

9. Draft Resolution No. 2008 – R-020 – A Resolution Enjoining The City Planning And Development Office (CPDO) And The Office Of Traffic Management And Public Safety (OTMPS) To Make Studies And Plans To Establish Bicycle Lanes In The Major Thoroughfares Of The City Of Olongapo. Sponsored by Councilor Aquilino Y. Cortez, Jr. (Referred to the Committees on Transportation and on Traffic)

10. Draft Ordinance No. 2008 O-06 – An Ordinance Establishing The Dental Health Division/Section Under The City Health Department. Sponsored by Councilors Gina G. Perez and Angelito W. Baloy. (Referred to the Committees on Health and on Personnel Matters)

11. Draft Ordinance No. 2008 O-07 – An Ordinance Establishing An Olongapo City Sports Program, Creating The Olongapo City Council Sports (OCCS) And Providing Funds For Its Implementation Thereof. Sponsored by Councilor Rodel S. Cerezo. (Referred to the Committees on Youth and Sports Development and on Finance)

12. Draft Ordinance No. 2008 O-08 – An Ordinance Naming The Kalaklan Bridge Connecting The Subic Bay Freeport Zone And Olongapo City As The Kalaklan Lighthouse Bridge. Sponsored by Councilor Aquilino Y. Cortez, Jr. (Referred to the Committee on Laws)

Second Reading:

1. Draft Ordinance No. 2007 – O-50 – An Ordinance Amending Sec. 3 Of Ordinance 32, Series Of 2001, Otherwise Known As (An Ordinance Repealing All Ordinances Related To The Operation Of For – Hire Public Utility Jeepneys In Olongapo City And Establishing The Norms For Operations Of Such Applicable To The Present Time). Sponsored by Councilor John Carlos G. Delos Reyes

2. Draft Resolution No. 2008 – R-001-A – A Resolution Congratulating Vicente Tolentino For Winning 2007 Ten Outstanding SBMA Police Officers Of The Year Awards. Sponsored by Councilor Edwin J. Piano

3. Draft Resolution No. 2008 – R-001-B – A Resolution Congratulating Rufino Lucas For Winning 2007 Ten Outstanding SBMA Police Officers Of The Year Awards. Sponsored by Councilor Edwin J. Piano

4. Draft Resolution No. 2008 – R-001-C – A Resolution Congratulating Norman Lucero For Winning 2007 Ten Outstanding SBMA Police Officers Of The Year Awards. Sponsored by Councilor Edwin J. Piano

5. Draft Ordinance No. 2008 – O-01 – An Ordinance Amending Ordinance No. 101 And Ordinance No. 106 Both Series Of 1978 Providing For The Establishment, Operation And Maintenance Of Cockfighting And The Regulation Of Cockfighting And Commercial Breeding Of Gamecocks. Sponsored by Councilors Angelito W. Baloy, Edwin J. Piano and Gina G. Perez

6. Draft Resolution No. 2008 – R-004-A – A Resolution Congratulating Emmanuel Jonson For Winning In The 2007 Ten Outstanding Freeport Workers Of The Year Awards. Sponsored by Councilor Edwin J. Piano

7. Draft Resolution No. 2008 – R-004-B – A Resolution Congratulating Carlo Laborce For Winning In The 2007 Ten Outstanding Freeport Workers Of The Year Awards. Sponsored by Councilor Edwin J. Piano

8. Draft Resolution No. 2008 – R-004-C – A Resolution Congratulating Albert Layug For Winning In The 2007 Ten Outstanding Freeport Workers Of The Year Awards. Sponsored by Councilor Edwin J. Piano

9. Draft Resolution No. 2008 – R-004-D – A Resolution Congratulating Rosalie Montemayor For Winning In The 2007 Ten Outstanding Freeport Workers Of The Year Awards. Sponsored by Councilor Edwin J. Piano

10. Draft Resolution No. 2008 – R-004-E – A Resolution Congratulating Emily Pagal For Winning In The 2007 Ten Outstanding Freeport Workers Of The Year Awards. Sponsored by Councilor Edwin J. Piano

11. Draft Resolution No. 2008 – R-006 – A Resolution Authorizing The City Mayor Honorable James Gordon, Jr. To Enter Into A Memorandum Of Agreement With Globe Telecom/Innove Communications, Inc. For Joint Pole/Lease Rental Agreement. Sponsored by Councilor Edwin J. Piano

12. Draft Resolution No. 2008 – R-007 - A Resolution Requesting The Hon. Barangay Chairmen Of Olongapo City To Abate Pilferage And Theft Of Electric Power By Reporting Illegal Connections And Tappings Within Their Barangays. Sponsored by Councilor John Carlos G. Delos Reyes

13. Draft Resolution No. 2008 – R-008 – A Resolution Adopting The Two (2)-Year Investment Plan Of The Public Utilities Department. Sponsored by Councilor John Carlos G. Delos Reyes

14. Draft Resolution No. 2008 R- 009 - A Resolution Authorizing The City Mayor Hon. James Gordon, Jr. To Enter Into An Affiliation Agreement Between James L. Gordon Memorial Hospital (JLGMH) And Central Luzon College Of Science & Technology, Represented By Its President, Dr. Renato P. Legaspi. Sponsored by Councilor John Carlos G. Delos Reyes

15. Draft Ordinance No. 2008 O-04 – An Ordinance Prescribing For The Mandatory Posting Of Notice And Information Regarding Child Protection On Establishments Whose Operation Of Business Is Prejudicial To The Development And Welfare Of Minors. Sponsored by Councilors Rodel S. Cerezo and Angelito W. Baloy

16. Draft Resolution No. 2008 –R -010 – A Resolution Approving The Application For Preliminary Approval And Development Permit Of Fiesta Communities Olongapo Containing An Area Of 36,342 Square Meters With 370 Saleable Lots Located At Barangay New Cabalan, City Of Olongapo. Sponsored by Councilor Aquilino Y. Cortez, Jr.

17. Draft Resolution No. 2008 – R-011 – A Resolution Adopting The Computerization Project Of Various Departments Of The City. Sponsored by Councilors Rodel S. Cerezo and Edwin J. Piano

18. Draft Ordinance No. 2008 – O-05 – An Ordinance Providing For Tourism-Environmental Education Program In The City Of Olongapo, Prescribing Measures For Its Implementation Thereof, And For Other Purposes. Sponsored by Councilors Rodel S. Cerezo, Gina G. Perez and Aquilino Y. Cortez, Jr.

Councilor Jong Cortez manifested to include as co-sponsor the Temporary Presiding Officer, Councilor Gina G. Perez, for Item No. 12 under the first reading, Draft Ordinance No. 2008-O-08.

Councilor Cerezo gave a correction on the title of Draft Ordinance No. 2008-O-07. The part which states “…Olongapo City Council Sports…” should be “….Olongapo City Sports Council…”

With no other comments and corrections, the body approved the Day’s Agenda as amended (with the noted changes), on motion of Councilor delos Reyes.

Communications and Referrals of Business

Communications Read:

1. Copy of the Monthly Bulletin No. 2007-44 of the Veterans Federation Of The Philippines. This is the Monthly Bulletin published by the VFP to inform members, through the District Commanders and Post Commanders, of actions of the Supreme Council and the Executive Board and of current events concerning veterans’ affairs, with website at www.vfp.ph. (For information)

2. Memorandum from Councilor Elena C. Dabu, Committee Chairman on Markets & Slaughterhouse, Livelihood and Women Empowerment addressed to the Hon. City Vice Mayor Cynthia G. Cajudo submitting the copy of SBMA Resolution No. 07 – 11 – 1940 regarding the FSC Nite Market Bazaar. The attached communication from the SBMA Office of the Corporate Secretary reads:

Certification No. 07 – 679

Series of 2007

MEMORANDUM

Subject FSC NIGHT MARKET/BAZAAR

This certifies that:

The records of the Office of the Corporate Secretary show that during the Eight – Third (83rd) Meeting of the Board of Directors of the Subic Bay Metropolitan Authority held last 9 November 2007 wherein there was a quorum to validly transact business, the following resolution was approved:

Resolution No. 07 – 11- 1940

“Resolve, as it is hereby resolved, to amend as the Board hereby amends Resolution No. 07 – 10 – 1867 by providing the following:

 To push through with the FSC Night Market/Bazaar for year 2007, and to cease operations thereof starting 2008;

 To require FSC to submit its financial report, and to justify its request for additional subsidy from SBMA.

Resolved, finally, that the other terms and conditions in Resolution No. 07– 10 – 1867 not inconsistent with this amendatory Resolution remain.”

Issued this 7th day of December 2007.

(SGD.) RUBEN O. FRUTO

Corporate Secretary

(To furnish a copy to the Committees on Markets and on Business)

3. Memorandum from the City Mayor addressed to all City Councilors and Sangguniang Panlungsod Employees regarding Safety In The Office. (For everybody’s information)

4. Memorandum from City Councilor J.C. delos Reyes addressed to the Hon. City Mayor James “Bong” Gordon Jr., to the Hon. Vice Mayor Cynthia G. Cajudo, and Members of the City Council, and to the SRFGODA Officers/Members, copy furnished to the Securities and Exchange Commission regarding the Transportation Committee Report on the Sta. Rita Filtration Gate Operators Drivers Association otherwise known as SRFGODA. (Referred to the Committee on Transportation)

5. Annual Budget of Brgy. Gordon Heights for Calendar Year 2008. (Referred to the Committees on Ways and Means, on Brgy Affairs and on Appropriations)

6. Annual Budget of Brgy. West Tapinac for the Calendar Year 2008. (Referred to the Committees on Ways and Means, Brgy Affairs and Appropriations)

7. Copy of the letter of City Mayor James Gordon Jr. addressed to the Hon. City Vice Mayor Cynthia G. Cajudo submitting a copy of the 2008 Executive Budget for review and approval pursuant to the provisions of Republic Act No. 7160, otherwise known as the Local Government Code of 1991” and Local Memorandum No. 50, issued by the Department of Budget and Management dated 27 June 2006. (Referred to the Committee as a Whole for review)

8. Invitation from Jesus B. Calisin, MBA, Founder/President L E A D E R S Inc., Center For Experts & Excellence addressed to the Hon. City Vice Mayor and Members of the City Council:

1. Invitation letter to Presiding Officers for a seminar on Feb. 15-17, 2008 at Bayview Park Hotel, Manila;

2. Invitation letter to Sangguniang Panlungsod Members for a seminar on Jan. 30-Feb. 01,2008 at Bayview Park Hotel, Manila;

3. Invitation letter to P L E A S E S of Regions 1-4 on Feb. 27-29, 2008 at Bohol Plaza Hotel, Tagbilaran City, Bohol.

(For the information of all City Councilors who are interested to attend)

9. Second Notice of Hearing from National Telecommunications Commission regarding Civil Case No. 2007-186, Pilipino Telephone Corp., Transferor and Phil. Long Distance Tel. Co., Transferee requesting for authority to transfer LEC (Local Exchange Carrier) service with existing Provisional Authority and CPCN. Further, requesting for a Provisional Authority pending final determination of the application. The petition will be heard by the Commission of January 31, 2008 at 9:30 A.M. at its offices, National Telecommunications Commission, BIR Road, East Triangle, Diliman, Quezon City at which hearing petitioners shall present their evidence. (Referred to the Committees on Telecommunications and on Laws)

10. Copy of Resolutions, Series of 2008 of Brgy. Old Cabalan, Olongapo City:

a. Resolution No. 1, “A Resolution Appointing Evelyn B. Laxa To Be The Barangay Treasurer Of Barangay Old Cabalan, Olongapo City”. (For everybody’s information, to furnish a copy to the Committee on Barangay Affairs)

b. Resolution No. 2, “A Resolution Appointing Of Edmer T. Lucido To Be The Barangay Secretary Of Barangay Old Cabalan, Olongapo City”. (For everybody’s information. To furnish copy to the Committee on Brgy. Affairs)

c. Resolution No. 003, “A Resolution Adopting The Internal Rules Of Procedure For The Sangguniang Barangay Of Old Cabalan”. (Referred to the Committees on Internal Rules and to the Barangay Affairs )

d. Resolution No. 004, “A Resolution On The Authorized Signatories For Official Documents regarding Bank Transaction Of Barangay Old Cabalan, Olongapo City”. (Referred to the Committee on Barangay Affairs)

e. Resolution No. 005, “A Resolution Authorizing Barangay Treasurer Evelyn B. Laxa To Withdraw The Share 30% Of Barangay Old Cabalan, Olongapo City On Real Property Tax (RPT) In The Amount Of One Hundred Forty Thousand Pesos Only (PhP140, 000.00)”. (To furnish a copy to the Committees on Barangay Affairs, on Finance, and Ways and Means)

f. Resolution No. 006, “A Resolution Authorizing Barangay Treasurer Evelyn B. Laxa To Withdraw The SK 10% Share Of Barangay Old Cabalan, Olongapo City On Real Property Tax (RPT) In The Amount Of One Hundred Thousand Pesos Only (PhP100, 000.00)”. ((Referred to the Committees on Barangay Affairs on Finance on Ways and Means and SK Chair)

11. Invitation from Atty. Arecio R. Rendor, Jr., Interim National President, Congress Director and Councilor Michael B. Fernandez, Interim National Chairman, Congress Director of the Philippine Councilors League, addressed to the Honorable Members of the Sangguniang Panlungsod thru the Honorable Vice Mayor, regarding the 7th National Congress on March 28-30, 2008 at the World Trade Center in Pasay City, Metro Manila. The highlight of which will be the election of the League’s National Officers. The deadline of Prepayment/Confirmation of Attendance will be on March 7, 2008. (Referred to all City Councilors, the Officers and Members of the Philippine Councilor’s League)

12. Copy of the Order of NTC Case No. 2005-039 of the GV Broadcasting System, Inc. The order states that the Commission, acting on the formal offer of exhibits filed by the applicant on November 8, 2007, it hereby admits Exhibits “A” to “Q” inclusive of submarkings.

Further, in view of the failure of the Oppositors to appear in the scheduled hearings despite due notice, their right to present evidence and oppose the present application is hereby deemed waived.

A record of the case was forwarded to the Broadcast Service Division (BSD) which was tasked to evaluate the financial capability of the applicant, and the technical and economic feasibility of the proposed project. (Referred to the Committees on Telecommunications and on Laws)

13. Notice to Vacate and Demolish in the Civil Case No. 4499. Sps. Pablito dela Rosa and Myrna dela Rosa represented by Attorney-in-fact Dr. Gelmina R. Marcia versus Brgy. East Bajac-Bajac, represented by Brgy. Capt. Reynaldo Manalang and the Sangguniang Pambarangay and the City of Olongapo, represented by Mayor Katherine H. Gordon and the Sangguniang Panlungsod. The notice says that: “Pursuant to the Writ of Demolition, dated June 28, 2006, issued in the above-entitled case by HON. MERINNISA O. LIGAYA, Presiding Judge, MTCC Branch 1, Olongapo City, you are hereby ordered to immediately vacate and demolish, and to return the complete physical possession located at East Bajac-Bajac, Olongapo City, identified as Lot 219, TS-308 containing an area of 436 sq. meters, within a period of TEN (10) DAYS upon receipt hereof and peacefully surrender possession thereof to the plaintiff”.

Failure on the part to comply within the period given, the full force of the law will be applied and enforced.

Sgd. Cristopher C. Supnet, Sheriff III, MTCC Br. 1, Olongapo City.

(Referred to the Committees on Laws, Complaints and Investigations and on Barangay Affairs)

14. Copy of the Order on the Civil Case No. 138-0-93 regarding the Limanch O Hotel and Leasing Corporation, Plaintiff versus City of Olongapo, et. al., Defendants. The Order states the Motion to Enforce Writ of Execution and the Notice of Garnishment were Granted and Sheriff Leandro R,. Madarang is ordered to submit report within (10) days from receipt. (Referred to the Committee on Laws)

15. Letter from the Officers and Board of Trustees of the Samahang Buklod Nayon, Inc. or the individual residents of Amelia Heights Community situated at Purok 7, Maliwakat, New Cabalan, Olongapo City, requesting assistance for “Recognition and Accreditation”. (Referred to the Committee on Accreditation composed of Councilors Piano, Cerezo and Carlito Baloy)

16. Barangay Ordinance No. 2, Series of 2008 of Brgy. East Bajac-Bajac, entitled, “An Ordinance Requiring All Business Establishment To Provide Pink Trash Cans In Prevention To The Growing Problems Regarding The Barangay Sanitation & Imposing A Penalty And Degree Of Offenses As Per Stated To The Citation Ticket”. (Referred to the Committees on Business, on Brgy. Affairs and on Environment for review and study)

17. Resolution No. 7, Series of 2008 of Barangay East Bajac-Bajac, entitled, “A Resolution Authorizing The Brgy. Treasurer To Withdraw The Amount Of PhP50,400.00 From The Real Property Tax (RPT) As Barangay Share And PhP84,500.00 As RPT SK Share To Defray Various Expenses Of Brgy. East Bajac-Bajac And For SK Projects Respectively”. (Referred to the Committees on Finance, on Brgy. Affairs and on Ways and Means)

18. Resolution No. 8, Series of 2008 of Brgy. East Bajac-Bajac, entitled, “A Resolution Authorizing The Brgy. Treasurer To Withdraw From The City Treasurer The Amount Of PhP25,390.00 From The City Treasurer For The 80% Share Of Brgy. East Bajac-Bajac From The Collection Of Ambulant Vendors For The Period Of August I To November 30, 2008 To Defray Various Expenses Of The Brgy. East Bajac-Bajac”. (Referred to the Committees on Finance, on Brgy. Affairs and on Ways and Means. To furnish a copy to Councilor Ellen Dabu)

19. Resolution No. 002, Series of 2008 of Brgy. New Asinan, Olongapo City, entitled, “A Resolution Imposing The Collection Of PhP1,000.00 Regulation Fees From The Tricycle Drivers Operating Within The Jurisdiction Of Brgy. Asinan Particularly Waiting At 6th Street, Jellebee and Circle J”. (Referred to the Committees on Transportation and on Brgy. Affairs)

20. Resolution No. 3, Series of 2008 of Brgy. New Asinan, entitled, “A Resolution Imposing The Collection Of PhP2,000.00 Regulation Fees From The Tricycle Drivers Operating Within The Jurisdiction Of Barangay Asinan Waiting at 6th Street, Corner Gordon Avenue. (Referred to the Committee on Brgy Affairs and to the Transportation Committee)

21. Resolution No. 005, Series of 2008 of Barangay New Asinan, entitled, A Resolution Imposing Ten Pesos (PhP10.00) Daily Fees From The Ambulant Vendor, Located At Magsaysay Drive, Operating Within The Jurisdiction Of Barangay Asinan, Olongapo City”. (Referred to the Committee on Brgy. Affairs and to Councilor Ellen Dabu)

22. Resolution No. 006, Series of 2008 of Brgy. New Asinan, entitled, “A Resolution Imposing The Collection Of PhP5.00 Regulation Fees From The Jeepney Drivers As Terminal Fees At Columban Alley, New Asinan, Olongapo City”. (Referred to the Committee on Brgy. Affairs and to the Transportation Committee)

23. Ordinance No. 002, Series of 2008 of Brgy. New Asinan, Olongapo City, entitled, “An Ordinance Imposing PhP1, 000.00 Monthly Fees From Tricycle As Regulation Fees At 6th Jellebee And Circle J, New Asinan, Olongapo City”. (Referred to the Committee on Brgy. Affairs and to the Transportation Committee)

24. Ordinance No. 003, Series of 2008 of Brgy. New Asinan, entitled, “An Ordinance Imposing PhP2, 000.00 Monthly Fees From Tricycle As Regulation Fees At 6th St., Corner Gordon Avenue, New Asinan, Olongapo City”. (Referred to the Committee on Brgy. Affairs and to the Transportation Committee)

25. Ordinance No. 004, Series of 2008 of Brgy. New Asinan, entitled, “An Ordinance Imposing PhP1, 000.00 Rental From Stall Owner Located At 6th St., Corner Gordon Avenue, Operating Within The Jurisdiction Of Barangay Asinan, Olongapo City. (Referred to the Committee on Brgy. Affairs”. To furnish a copy to Councilor Ellen Dabu)

26. Ordinance No. 005, Series of 2008 of Brgy. New Asinan, entitled, “An Ordinance Imposing Collection Of Ten Pesos (PhP10.00) As Daily Fees From The Ambulant Vendor At Magsaysay Drive, Operating Within The Jurisdiction Of Barangay Asinan, Olongapo City”. (Referred to the Committee on Brgy. Affairs and to Councilor Ellen Dabu as the Incoming Chair of Task Force Virgo)

27. Ordinance No. 006, Series of 2008 of Brgy. New Asinan, entitled, “An Ordinance Imposing PhP5.00 Daily Fees From Red Jeepney As Terminal Fees At Columban Alley, New Asinan, Olongapo City”. (Referred to the Committee on Brgy. Affairs and to the Transportation Committee)

28. Copy of “Bantay Kalusugan 2008”, a special community health project of Knights Of Columbus Council 3722 to be held at K Of C Clubhouse, Lower Kalaklan, Olongapo City on February 10, 2008 from 6:30 – 10:00 A.M. (Referred to the Committee on Health under Councilor Gie Baloy)

29. Letter from Councilor Edwin J. Piano, Chairman, Telecom and IT Board addressed to the City Mayor pertaining to his memo dated 18 January 2008 regarding the feasibility of the PABX system, and to comment on numerous requests for additional landlines with NDD. (Referred to the Telecoms Committee)

30. Resolution No. 04, Series of 2008 of Brgy. Gordon Heights entitled, “A Resolution Approving The Appointments Of Clemente L. Macabulit, Jr. As Chairman And Kgd. Isagani D. dela Cruz, Jr. As Vice Chairman Of The 2008 Barangay Gordon Heights Fiesta Celebration In Commemoration Of Its 37th Founding Anniversary”. (For everybody’s information. To furnish a copy to the Committee on Brgy. Affairs)

31. Letter from the 6th TODA Tricycle Association, Brgy. Asinan to Brgy. Capt. Conrado C. Viray of the said barangay relative to the terminal fee of PhP2, 000.00. They’re appealing to reduce/lower the amount to PhP1, 500.00 per month. (Referred to the Committees on Transportation and on Brgy. Affairs)

32. Thank You letter from the family of the late Precy “Babot” Macaraig Gregorio. (For information)

33. Committee report of City Councilor Angelito W. Baloy, Chairman, Business & Economic Enterprises and Health & Public Welfare.

Committee Reports

Councilor Angelito Baloy, as the Chair of the Committee on Business and Economic Enterprises reported four items to the body. First, he said that he met with the local DTI Officials on January 22, 2008 and together, they assessed the accomplishments of the Small and Medium Enterprises Development (SMED) in the past years. According to the councilor, consultations were done for the planning of the present year’s activities and for the continued implementation of on-going projects. The Councilor added that the SMED was steadfast in its dedication to suggest and formulate resolutions and ordinances together with him to enact worthwhile undertakings for the city’s entrepreneurial development and its maintenance.

Second, Councilor Baloy informed the body that a public hearing was held on January 25, 2008 at the Session Hall regarding his proposed Ordinance on the “Safe and Legal Practice of Optometry in the City”. Barangay officials together with representative from the PNP and the Optometric Association of the Philippines Olongapo Chapter attended the hearing and discussed how the proposed ordinance will be implemented upon its approval.

Third, another public hearing was conducted the same day at the Session Hall regarding the proposed Ordinance on the protection of minors facilitated by its principal sponsor, Councilor Rodel Cerezo together with Councilor Gie Baloy, the co-sponsor.

Lastly, a preparation meeting for the upcoming Kalye Kasiyahan 2008 was held on January 29, 2008. The Councilor said that the event is scheduled on March 27, 28 and 29, 2008 to be supervised mainly by the Olongapo Business Club in coordination with the City Tourism Office and the present City Fiesta Committee. Safety measures as well as generation of funds were discussed for the most part of the meeting.

Councilor Gie Baloy said that he will update the body as soon as new information becomes available.

Councilor Ellen Dabu apprised her colleagues that a second demand letter was issued by Malacañang to the City regarding the President’s Social Fund entitled: “Isang Bayan, Isang Produkto, Isang Milyong Pisong Programa”. According to Councilor Dabu, this was a loan granted to the City on March 3-December 15, 2003. The second demand letter from the Office of the President was issued because the city has not started its payment. When it was referred to the councilor’s committee, she followed this up several times to the concerned offices and gathered necessary documents. Councilor Dabu was pleased to inform the body that the first payment, in the amount of PhP300,000.00 was already made. It was deposited at the DBP, with cheque number 10859459. The Councilor showed the acknowledgement receipt and the deposit slip made at the Land Bank of the Philippines.

The Temporary Presiding Officer asked if the remaining amount to be paid is just PhP700,000.00, or if there was already an interest earned.

Councilor Dabu mentioned that from the original loan of PhP1 million pesos, it is now PhP1,187,500.00. An interest was already earned thus she hopes the city could pay again.

Councilor Rodel Cerezo reported about the general meeting of the City Disaster Coordinating Council held on January 24, 2008. They discussed the planning and implementation of the following schedules: First is the Training for Army Re-service for WASAR which is about Water Search and Rescue Operations. This is scheduled on February 2-3 and February 9-10; Second is the plan to conduct a three (3) day Disaster Management Training for every barangay scheduled on February 18-20; Third is the First Aid Training on February 25-29. Fourth, the Barangay Tanod Enhancement Training scheduled on February 4-7 will push through as agreed in the previous year. The training on Barangay Disaster and Barangay Defense System for Barangay Tanods and Purok Leaders of Brgy. East Bajac-Bajac, Brgy West Bajac-Bajac and Brgy. Kalaklan are scheduled on February 4-7, 2008. Barangay Mabayuan, Sta. Rita and Gordon Heights are scheduled on February 11-14. Barangays Pag-asa, Asinan and Kalalake are scheduled on February 18-21. Barangays East Tapinac, West Tapinac and New Ilalim are scheduled on February 25-28. Barangays Barretto, Kababae and Banicain are scheduled on March 3-6 and on March 10-13, Barangays Old and New Cabalan will have their schedule.

The general graduation of barangay tanods, purok leaders as well as Barangay Defense System Officers is on March 14, 2008.

Councilor Rodel Cerezo said that on the same day, January 24, a meeting with the Department of Education was conducted regarding the Central Luzon Athletics. According to the Councilor, the Task Force Olongpics, short for Olongapo City Olympics, was discussed including all that are needed in preparation for the CLRAA. The Councilor said that CLRAA is scheduled on February 16-22 and that the City Councilors are required to attend the opening ceremonies of the CLRAA or the Central Luzon Regional Athletic Association.

For another committee report, Councilor Cerezo informed the body that a committee hearing regarding Draft Ordinance No. 2008-O-04 entitled: “An Ordinance Prescribing For The Mandatory Posting Of Notice And Information Regarding Child Protection On Establishments Whose Operation Of Business Is Prejudicial To The Development And Welfare Of Minors” was conducted which he and Councilor Gie Baloy facilitated.

The Councilor’s last report was with regard to the meeting about the upcoming Philippine Olympic Festival to be held on April 2-6, 2008. Councilor Cerezo said Olongapo City will host the playing venue for the swimming event, volleyball game, taekwondo and muay tai. The rest of the games will be held in the SBFZ. The Councilor added that an Organizing Committee was already formed including the persons who will head each committee for the Philippine Olympic Festival.

Councilor Piano rendered his report on the Committees on Telecommunications, on Ways and Means, and on Labor and Employment. First, the Councilor gave a gist of the 7-page report he has on the meeting of Globe Telecom representative with the City Council Members held on January 28, 2008. He said he will just submit the full report (Annex A). According to Councilor Piano, questions were raised during the meeting which were also answered, and it was agreed that a follow-up negotiation meeting is to be done to iron out the contents of the Memorandum of Agreement.

Second, Councilor Piano reported that the GV Broadcasting Application was already submitted for decision. It was however unfortunate, commented by the Councilor, that the city was not able to represent itself because the Council vehicle was not available during the hearing.

Third, under the Committee on Ways and Means, Councilor Piano informed the body that the Property Assessment has already totaled to PhP83,414,266 which includes the 10% as Special Education Fund.

Last, under the Committee on Labor and Employment, a Special Recruitment Activity was held on January 24-25, 2008. Out of the 232 applicants from the constituents, 184 qualified based on their supporting documents. They already underwent the employer’s interview. Part of the report on Labor is the update on Skills Training Program of the City and the job opportunities open in the City of Olongapo and in Subic Bay Freeport Zone.

The Temporary Presiding Officer, Councilor Gina Perez, for her committee report, first informed the body about the status of the indorsement of the City Mayor dated January 11, 2008 on the creation of the City Architectural Planning and Development Office. She said that a memo was sent to the Personnel Office and the City Budget Office requesting for their comments and suggestions. She’ll be calling for a committee meeting the following week.

Second, the Councilor said that with regard to the indorsement of the MOA on the proposed repair and maintenance of the city-owned tow truck under the Office of Traffic Management and Public Safety, she requested the assistance of Councilor delos Reyes on this matter.

Third, Councilor Perez reported to the body that she was appointed as the Chair of the Programs Committee for the 7th National Convention of the Philippine Councilors’ League. Thus, she attended a committee meeting on January 29 together with her co-chair, Hon. Abigail Sable, the City Councilor and PCL City Chapter President of Isabela. It was also attended by the PCL Secretariat and Staff for the Lights, Sounds and Set Designs. The Councilor mentioned that they have already arranged the program for the 3-day convention. The next meeting is set on February 5. They will conduct an ocular inspection of the World Trade Center to finalize the lay-out and physical arrangement and stage design.

Lastly, the Councilor informed the body about the official invitation received from the PCL for the 7th National Congress. She said that the PCL requests the City Chapter Officers to disseminate the information about the 7th National Congress and campaign for a prepaid registration. According to Councilor Perez, the deadline is on March 7 and the registration fee is PhP9,000.00 inclusive of 3 days and 2 nights hotel accommodation, triple sharing; plus the meals kits and other expenses.

Councilor Aquino commented about the triple sharing and said that the space of the double sharing in the past national congress was already limited, and the fee of PhP9,000/00 is too high. He asked whether there were complaints expressed about this. The Temporary Presiding Officer answered she was also surprised when she found-out that it was triple sharing. She also said she has not heard any complaints about the fee but she will let the President know about the question on the fee and the triple sharing.

Councilor Aquino said the registration fee in the past was only PhP7,000.00 to a nice hotel in a double sharing room.

The Temporary Presiding Officer added that they will definitely be billeted along Roxas Avenue near the World Trade Center.

Councilor Lipumano-Garcia asked the hotels to chose from. The Temporary Presiding Officer suggested that they would pre-register so that they will be able to choose the best hotel from the choices. She enjoined all the Councilors to have a 100% attendance and that she will furnish them a copy of the invitation. The Temporary Presiding Officer also mentioned that the City Tourism Office is no longer holding office at the third floor of the city hall. It is now occupying a space in the Convention Center. She added that with the creation of the Task Force Tourism, they are now housed in one office with the City Tourism Office for easier coordination. Mr. Marlon Bravo, the OIC of Convention Center is also there.

Councilor delos Reyes announced, for the record, that the reason he will not join the PCL Congress is because he is in total disagreement with the Human Security Act, which according to him, the government is promoting through the PCL.

Calendar of Business

Second Reading

1. Draft Ordinance No. 2007 – O-50 – “An Ordinance Amending Sec. 3 Of Ordinance 32, Series Of 2001, Otherwise Known As (An Ordinance Repealing All Ordinances Related To The Operation Of For – Hire Public Utility Jeepneys In Olongapo City And Establishing The Norms For Operations Of Such Applicable To The Present Time)”, was tabled on motion of Councilor John Carlos G. Delos Reyes because there are still information they have yet to receive.

2. Draft Resolution No. 2008 – R-001-A – “A Resolution Congratulating Vicente Tolentino For Winning 2007 Ten Outstanding SBMA Police Officers Of The Year Awards”, was deferred on motion of Councilor Edwin J. Piano.

3. Draft Resolution No. 2008 – R-001-B – “A Resolution Congratulating Rufino Lucas For Winning 2007 Ten Outstanding SBMA Police Officers Of The Year Awards”, was deferred on motion of Councilor Edwin J. Piano.

4. Draft Resolution No. 2008 – R-001-C – “A Resolution Congratulating Norman Lucero For Winning 2007 Ten Outstanding SBMA Police Officers Of The Year Awards”, was deferred on motion of Councilor Edwin J. Piano.

5. Draft Ordinance No. 2008 – O-01 – “An Ordinance Amending Ordinance No. 101 And Ordinance No. 106 Both Series Of 1978 Providing For The Establishment, Operation And Maintenance Of Cockfighting And The Regulation Of Cockfighting And Commercial Breeding Of Gamecocks”, was deferred on motion of Councilor Angelito W. Baloy, the main proponent.

6. Draft Resolution No. 2008 – R-004-A – “A Resolution Congratulating Emmanuel Jonson For Winning In The 2007 Ten Outstanding Freeport Workers Of The Year Awards”, was deferred on motion of Councilor Edwin J. Piano.

7. Draft Resolution No. 2008 – R-004-B – “A Resolution Congratulating Carlo Laborce For Winning In The 2007 Ten Outstanding Freeport Workers Of The Year Awards”, was deferred on motion of Councilor Edwin J. Piano.

8. Draft Resolution No. 2008 – R-004-C – “A Resolution Congratulating Albert Layug For Winning In The 2007 Ten Outstanding Freeport Workers Of The Year Awards’’, was deferred on motion of Councilor Edwin J. Piano.

9. Draft Resolution No. 2008 – R-004-D – “A Resolution Congratulating Rosalie Montemayor For Winning In The 2007 Ten Outstanding Freeport Workers Of The Year Awards”’ was deferred on motion of Councilor Edwin J. Piano.

10. Draft Resolution No. 2008 – R-004-E – “A Resolution Congratulating Emily Pagal For Winning In The 2007 Ten Outstanding Freeport Workers Of The Year Awards”, was deferred on motion of Councilor Edwin J. Piano.

11. Draft Resolution No. 2008 – R-006 – “A Resolution Authorizing The City Mayor Honorable James Gordon, Jr. To Enter Into A Memorandum Of Agreement With Globe Telecom/Innove Communications, Inc. For Joint Pole/Lease Rental Agreement”, was deferred on motion of Councilor Edwin J. Piano.

12. Draft Resolution No. 2008 – R-007 - “A Resolution Requesting The Hon. Barangay Chairmen Of Olongapo City To Abate Pilferage And Theft Of Electric Power By Reporting Illegal Connections And Tappings Within Their Barangays”.

Prior to the discussion of the Draft, Councilor delos Reyes proposed that Councilor Carlito Baloy co-sponsor the measure. He immediately withdrew this motion of co-sponsorship since Councilor Carlito Baloy was not around.

The Temporary Presiding Office mentioned that although Councilor Carlito Baloy was not around, he advised that he would be voting for any legislation of the majority.

Councilor delos Reyes, as a point of order, inquired if “voting in absencia” would be in accordance with their internal rules.

Councilor Rodel Cerezo explained that, according to the rules, one must be physically present during votation, for resolutions or ordinances.

Councilor Ellen Dabu said that Councilor Carlito Baloy was around earlier but left for an emergency. Nonetheless, she added, Councilor Baloy mentioned that he would vote to whatever the majority group would vote for.

Councilor Rodel Cerezo explained that what Councilor Dabu said would fall in the minutes of the session, but for the votation proper, the Councilor must be physically present during the votation.

The Temporary Presiding Officer instructed the Council Secretary to take note of the time the ABC and SK Presidents were present and the part that they were not.

Councilor Cerezo called for a recess.

Recess: 6:15 P.M.

Resumed: 6:45 P.M.

Councilor delos Reyes read the salient points of the proposed measure. He said that it is part of the continuing thrust to reform the Public Utilities Department. According to the Councilor, the draft resolution is a reminder to all Barangay Captains that they are a part of the resolution. He said that it is stated explicitly in Section 389 of the Local Government Code, that they shall enforce all laws and ordinance which are applicable within the barangay. Second, they shall also maintain public order in the barangay, thus, they shall assist the City Mayor and the Sanggunian Members in the performance of their duties and functions. The Councilor added that in No. 12 of Section 17 of the Code, the Barangay Captain shall also ensure the delivery of basic services as mandated.

Councilor delos Reyes said that he also quoted excerpts from the Anti- Electricity and from the Electrical Transmission Lines, Materials, Pilferage Act of 1994, otherwise known as an “Act Penalizing the Pilferage of Electricity and Theft of Electric Power Transmission Lines. Thus, materials rationalizing system loses by phasing out pilferage loses as a component thereof and provides other purposes.”

Councilor delos Reyes read further that under Section 2, it makes unlawful the illegal use of electricity. These were enumerated in letters a to d, where it is illegal to tap, make or cause to be made, any connection with overhead line service, tap other electric service wires without previous authority or consent of the private electric utility or rural electric cooperative concerned.

The Councilor said that these acts are very rampant all over the City of Olongapo but reports are hardly heard. He added that the PUD is mired in huge debt amounting to billions of pesos. According to him, the barangay, being the basic political unit which serves as the primary planning and implementing unit of government policies, plans, programs, projects and activities in the community should help in the rehabilitation of PUD by simply reporting the illegally connected electricity and electrical transmission lines.

Councilor delos Reyes concluded that those were reasons for the resolution.

Councilor Lipumano-Garcia asked the proponent on how it will be monitored, her question is more on the implementation of the resolution.

Councilor delos Reyes replied that the Councilor asked a very good question. As to the establishments or households that don’t pay their electricity bills, the Councilor said they could call the attention of the collections department to simply collect. As to whom to report, the Councilor suggested that it should be to the City Mayor or the City Council. Since the proposed measure is not an ordinance but a resolution, the Councilor mentioned Republic Act. 783 or the Criminal Act. In here, the act itself is punishable by law and therefore the usual process of prosecuting a crime or infraction or a violation of an ordinance must be observed. To illegally connect is already a “prima facie evidence” thus it can be reported directly to the police, barangay or if needed, do a citizen’s arrest and do a police blotter or simply report it.

Councilor Cortez suggested that since the matter concerns the Committee on Public Utilities under Councilor delos Reyes, he asked the Councilor if the Councilor’s Office would be willing to accept the documented incidents or reports so that the body can easily act on the complaints.

Councilor delos Reyes replied that he would be pleased to accept.

Councilor Gie Baloy asked if there would exemptions in cases of wakes where the family concerned would asked for connection in the electricity since they would hold the wake for a week.

Councilor delos Reyes answered “DURA LEX SED LEX” which means, the law is the law. The law maybe harsh but that is the law. According to him, the holding of wake must still be appropriate. He said the greater good must be considered and little sacrifices are to be done.

The Temporary Presiding Officer again recounted that there were already national laws regarding illegal tapping and pilferages so the said resolution is basically a request to the barangay chairmen to be vigilant and to help implement the law.

Draft Resolution No. 2008-R-007 was approved unanimously on its second and final reading on motion of Councilor John Carlos G. delos Reyes.

13. Draft Resolution No. 2008 – R-008 – “A Resolution Adopting The Two (2)-Year Investment Plan Of The Public Utilities Department”.

Councilor delos Reyes explained that since the Public Utilities Department is really having a hard time managing their finances, the Councilor said it was wise for the PUD to come up with the two-year investment plan. This is to rationalize what is to be done during the interim period, or the time between the present until such time the city shall have bidded-out the public utility for a long term lease thru what is called private partnership. The Investment Plan given by Engr. Lopez according to Councilor delos Reyes is a detailed report on their expenditures. He said the plan was also the recommendation of the International Finance Corporation for PUD to do during the interim period.

Draft Resolution No. 2008-R-008 was approved unanimously on its second and final reading, on motion of Councilor John carlos G. delos Reyes.

14. Draft Resolution No. 2008 R- 009 – “A Resolution Authorizing The City Mayor Hon. James Gordon, Jr. To Enter Into An Affiliation Agreement Between James L. Gordon Memorial Hospital (JLGMH) And Central Luzon College Of Science & Technology, Represented By Its President, Dr. Renato P. Legaspi” was deferred on motion of Councilor John Carlos G. Delos Reyes pending his communication with the Central Luzon College of Science and Technology to further explain the affiliation agreement.

15. Draft Ordinance No. 2008 O-04 – “An Ordinance Prescribing For The Mandatory Posting Of Notice And Information Regarding Child Protection On Establishments Whose Operation Of Business Is Prejudicial To The Development And Welfare Of Minors”, was deferred on motion of Councilor Rodel S. Cerezo because more public hearings are scheduled regarding the matter.

16. Draft Resolution No. 2008 –R -010 – “A Resolution Approving The Application For Preliminary Approval And Development Permit Of Fiesta Communities Olongapo Containing An Area Of 36,342 Square Meters With 370 Saleable Lots Located At Barangay New Cabalan, City Of Olongapo”.

Councilor Cortez opened the proposal for discussion.

Councilor Edwin Piano first put it on record that his office was not furnished either the digital copy nor the hard copy of the documents. Second, the Councilor said he wished to conduct an onsite inspection to see the actual area especially the road networks leading to the site.

Councilor Cortez said that he would like to consider the request of Councilor Piano to visit the site for further review. He also pointed out that the project was already presented two years ago thus, it is long overdue.

The Temporary Presiding Officer asked if he would be scheduling an ocular inspection and if an ocular inspection was already conducted.

Councilor Cortez affirmed. He said he, being the Chairman of the Committee on Lands, Housing and Zoning together with former City Councilor Marey Beth D. Marzan inspected and visited the area. They asked the investor to give a presentation in their regular session that afternoon to suffice all the question and inquiries of the City Councilors.

Draft Resolution No. 2008-R-010 was deferred on motion of Councilor Aquilino Y. Cortez, Jr. until an ocular inspection as per request by Councilor Edwin J. Piano is done.

17. Draft Resolution No. 2008 – R-011 – “A Resolution Adopting The Computerization Project Of Various Departments Of The City”, was deferred on motion of Councilor Rodel S. Cerezo pending other needed requirements.

18. Draft Ordinance No. 2008 – O-05 – “An Ordinance Providing For Tourism-Environmental Education Program In The City Of Olongapo, Prescribing Measures For Its Implementation Thereof, And For Other Purposes” was deferred on motion of Councilor Rodel S. Cerezo being the main proponent because more public hearings are to be conducted.

Other Matters

A. Draft Ordinance No. 2007-O-034 – “An Ordinance Regulating The Operation Of Optical Clinics In Olongapo City For The Purpose Of Preventing Illegal Practices Of Optometry, Providing Penalty For Violation Thereof”, was lifted by the body from the table on motion of Councilor Gie Baloy, and thus will be included in the next agenda for second reading.

B. Councilor Edwin Piano suggested that the ocular inspection of the Fiesta Development Site be scheduled on Monday at 3:30 in the afternoon, and that the City Planning representative as well as the Engineering and Houseland representatives be invited. He also requested the Secretariat to arrange the vehicle for the inspection.

Councilor Cortez said he will check if the developers are free on the suggested time and date. Thus, the Temporary Presiding Officer said that the schedule on Monday at 3:30 P.M. is a tentative schedule pending the confirmation of City Fiesta Development. She also mentioned that the Councilors and Barangay Officials who are interested to go will have to coordinate with the Council Secretary.

C. Draft Resolution No. 2008-R-15 – “A Resolution Conveying Deepest Sympathy To The Bereaved Family of Mrs. Severina E. Gregorio”, was considered an urgent matter and was approved unanimously on its first and final reading, on motion of Councilor Dabu.

Councilor Cortez clarified if it was a majority or unanimous sponsorship since some Members were absent. Councilor Dabu replied that it is a unanimous sponsorship since Councilor Lugie Lipumano-Garcia also voted for it.

D. The Temporary Presiding Officer informed the body that there will be an ELA or the Executive Legislative Agenda the following day. All City Councilors are invited.

Councilor Dabu asked if the van will be available since the registration will start at 11:00 A.M. Everybody agreed that the meeting place is at the City Hall at 11:00 o’clock sharp.

Adjournment

There being no further matters to be discussed, the session was adjourned at 6:45 in the evening, on motion of Councilor Anselmo A. Aquino.

I HEREBY CERTIFY TO THE

CORRECTNESS OF THE FOREGOING:

ELFLIDA S. SALMON

Council Secretary

ATTEST:

GINA G. PEREZ

City Councilor & Temporary Presiding Officer