2008 R - 109 - AUTHORIZING THE CITY MAYOR OR THE CITY LEGAL OFFICER TO REPRESENT THE CITY OF OLONGAPO IN THE CIVIL CASE

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON JULY 16, 2008 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. Carlito A. Baloy- - - - - - - - - - - - - - - - - - - - President, Liga ng mga Barangay
Hon. Cheenee F. Hoya - - - - - - - - - - - - - - - - - - - SK Federation President

ABSENT:

None.

RESOLUTION NO. 109
(Series of 2008)

A RESOLUTION AUTHORIZING THE CITY MAYOR AND/OR THE CITY LEGAL OFFICER TO REPRESENT THE CITY OF OLONGAPO IN THE CIVIL CASE ENTITLED “MEREDITH VS. CITY OF OLONGAPO” WITH DOCKET NO. 51-0-2008

WHEREAS, on 03 March 2008, Teresita Meredith filed a Complaint for Injunction against the City Government of Olongapo and its officials led by Hon. Mayor James Gordon, Jr. primarily in connection with the accretion area in Half Moon Beach, Kalaklan, Olongapo City, lodged before Olongapo City Regional Trial Court (RTC) ~ Branch 75, and docketed as Civil Case No. 51-0-2008;

WHEREAS, under the 1959 Turn-over Agreement between the governments of the United States of America and the Philippines and the Exchange of Notes, said area had been declared open to the public for swimming and other recreational purposes;

WHEREAS, under Republic Act No. 4645, as amended (otherwise known as the Charter of the City of Olongapo), ownership of properties within the City of Olongapo of whatever nature and source transferred and/or turned over to the Philippine Government by the United States Government before, during and after the date of the turnover of the then community of Olongapo on December 7, 1959, shall vest on the city;

WHEREAS, under Republic Act No. 7160 (the Local Government Code of 1991), the city is vested with corporate powers and provides that the City Council has the power to grant authority to its officers to represent the City Government in the exercise of its corporate powers including the power to sue and be sued;

NOW, THEREFORE, on motion of Councilor Aquilino Y. Cortez, Jr. with the majority decision of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled that the City Government hereby appoints the incumbent City Mayor, Hon. James Gordon, Jr., and/or the City Legal Officer as its duly authorized representative in the above-mentioned case, and to appear before the same; to attend Pre-Trial up to the final termination of the case; to enter into compromise of the said case on such terms and conditions which our attorneys-in-fact may deem best and appropriate to our interest; to execute, sign and deliver any papers or documents to give any papers or documents to give full effects to the power herein above-granted; hereby giving and granting unto said attorneys full power and authority to be done in the premises.

RESOLVED FURTHER, AS IT IS HEREBY FURTHER RESOLVED, that in connection with the said case, the Hon. Mayor/City Legal Officer is/are hereby given full power and authority to do and perform all acts and things whatsoever requisite and necessary to be done in and about the premises as fully to all intents and purposes for and in the name of the city.

APPROVED, July 16, 2008.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


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


RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA
City Councilor City Councilor
(Opposed)
EDWIN J. PIANO ANGELITO W. BALOY
City Councilor City Councilor


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


ELENA C. DABU CARLITO A. BALOY
City Councilor President, Liga ng mga Barangay


CHEENEE F. HOYA
SK Federation President



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