2008 R - 29 - ADOPTING THE COMMENT TO THE APPLICATION OF THE OLONGAPO CITY LEGAL OFFICER AS REGARDS THE APPLICATION OF PILTEL AND PLDT

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON FEBRUARY 27, 2008 AT THE CITY HALL.

PRESENT:

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

Hon. John Carlos G. Delos Reyes - - - - - - - - - - - - City Councilor
Hon. Rodel S. Cerezo - - - - - - - - - - - - - - - - - - - - “ “
Hon. Sarah Lugerna Lipumano-Garcia- - - - - - - - - “ “
Hon. Edwin J. Piano - - - - - - - - - - - - - - - - - - - - - “ “
Hon. Aquilino Y. Cortez, Jr. - - - - - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - - - - - - “ “
Hon. Elena C. Dabu - - - - - - - - - - - - - - - - - - - - - “ “

ABSENT:

Hon. Gina Gulanes-Perez - - - - - - - - - - - - - - - - City Councilor
(On Official Business)
Hon. Angelito W. Baloy - - - - - - - - - - - - - - - - - - City Councilor
(On Official Business)
Hon. Carlito A. Baloy- - - - - - - - - - - - - - - - - - - - - President, Liga ng mga Barangay
(On Official Business)
Hon. Cheenee F. Hoya - - - - - - - - - - - - - - - - - - - - SK Federation President
(On Official Business)


RESOLUTION NO. 29
(Series of 2008)

A RESOLUTION ADOPTING THE COMMENT TO THE APPLICATION (WITH MANIFESTATION) OF THE OLONGAPO CITY LEGAL OFFICER AS REGARDS THE APPLICATION OF PILIPINO TELEPHONE CORPORATION (PILTEL) AND PHILIPPINE LONG DISTANCE TELEPHONE COMPANY (PLDT) WITH THE NATIONAL TELECOMMUNICATIONS COMMISSION IN NTC CASE NO. 2007-186


WHEREAS, Pilipino Telephone Corporation (PILTEL) and Philippine Long Distance Telephone Company (PLDT) entered into a LEC ASSETS SALE AND PURCHASE AGREEMENT wherein PILTEL agreed to sell, assign and transfer to PLDT its LEC Assets which PLDT agreed to purchase and acquire last 04 December 2007;

WHEREAS, the Pilipino Telephone Corporation (PILTEL) and Philippine Long Distance Telephone Company (PLDT) filed a joint application with National Telecommunications Commission seeking approval and authority for the sale and transfer of the Local Exchange Carrier (LEC) facilities, assets, properties and services from PILTEL to PLDT;

WHEREAS, the Pilipino Telephone Corporation (PILTEL) and Philippine Long Distance Telephone Company (PLDT) filed a joint application with National Telecommunications Commission seeking approval and authority for the transfer to applicant PLDT of applicant PILTEL’s existing and effective Certificate of Public Convenience and Necessity (CPCNs) and Provisional Authority (Pas), and for applicant PLDT to continue operating applicant PILTEL’s CPCNs and PAs to provide LEC Service in areas covered by applicant PILTELs CPCNs/PAs;

WHEREAS, the Olongapo City Legal Officer filed a COMMENT TO THE APPLICATION (WITH MANIFESTATION) before the National Telecommunications Commission as Olongapo City will be affected by the said transfer applied for;

WHEREAS, the aforementioned COMMENT provides that the applied transfer ought to be with prior approval of the Congress of the Philippines as stated in Section 11 of RA 7293;

WHEREAS, it is further manifested that the both PILTEL and PLDT ought to comply with Olongapo City Tax Ordinance as empowered by Local Government Code;

NOW, THEREFORE, on motion of Councilor Edwin J. Piano with the unanimous accord of the Members of Sangguniang Panlungsod present;

RESOLVED, AS IT IS HEREBY RESOLVED, by the Members of the Sangguniang Panlungsod in session assembled to adopt, as it hereby adopts the comment to the application (with manifestation) of the Olongapo City Legal Officer as regards the application of Pilipino Telephone Corporation (PILTEL) and Philippine Long Distance Telephone Company (PLDT) with the National Telecommunications Commission in NTC Case No. 2007-186.

RESOLVED FURTHER, AS IT IS HEREBY FURTHER RESOLVED, that copy of the Comment to the Application (with Manifestation) be attached to this Resolution.

Let copies of this Resolution be furnished to the National Telecommunications Commission, Pilipino Telephone Corporation (PILTEL) and Philippine Long Distance Telephone Company (PLDT) for their information and guidance.

APPROVED UNANIMOUSLY, February 27, 2008.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


GINA GULANES - PEREZ JOHN CARLOS G. DELOS REYES
City Councilor City Councilor
(On Official Business)


RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA
City Councilor City Councilor


EDWIN J. PIANO ANGELITO W. BALOY
City Councilor City Councilor
(On Official Business)


AQUILINO Y. CORTEZ, JR ANSELMO A. AQUINO
City Councilor City Councilor


ELENA C. DABU CARLITO A. BALOY
City Councilor President, Liga ng mga Barangay
(On Official Business)

CHEENEE F. HOYA
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