2008 R - 63 - RATIFYING THE CONTRACT OF LOAN WITH THE PRINCIPAL AMOUNT OF PHP143,800,000.00 ENTERED INTO BY THE OLONGAPO CITY GOVERNMENT WITH THE DBP

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON MAY 7, 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. 63
(Series of 2008)

A RESOLUTION RATIFYING THE CONTRACT OF LOAN WITH THE PRINCIPAL AMOUNT OF ONE HUNDRED FORTY-THREE MILLION EIGHT HUNDRED THOUSAND PESOS (PHP143,800,000.00) ENTERED INTO BY THE OLONGAPO CITY GOVERNMENT WITH THE DEVELOPMENT BANK OF THE PHILIPPINES (DBP)

WHEREAS, the Olongapo City Government entered into a Contract of Loan with the Development Bank of the Philippines;

WHEREAS, the principal amount is One Hundred Forty-Three Million Eight Hundred Thousand Pesos;

WHEREAS, the said amount will be utilized for the immediate implementation of the solid waste containerization collection and transportation system to fully comply with R.A. 9003 and to undertake a complete Feasibility Study and Detailed Planning of the City’s enhanced Sanitary Landfill system to promote a cleaner and more sanitized environment in the City;

NOW, THEREFORE, on motion of Councilor Aquilino Y. Cortez, Jr., and co-sponsored by Councilors Gina G. Perez, John Carlos G. delos Reyes, Rodel S. Cerezo, Edwin J. Piano, Angelito W. Baloy, Anselmo A. Aquino, Elena C. Dabu, Carlito A. Baloy and Cheenee F. Hoya 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 to ratify, as it hereby ratifies the Contract of Loan with the principal amount of One Hundred Forty-Three Million Eight Hundred Thousand Pesos (PhP143,800,000.00) entered into by the Olongapo City Government with the Development Bank of the Philippines (DBP).

APPROVED, May 7, 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

2008 R - 62 - RATIFYING THE EXTENSION OF THE LOAN AGREEMENT BETWEEN THE DEVELOPMENT BANK OF THE PHILIPPINES AND THE CITY GOVERNMENT OF OLONGAPO

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON MAY 7, 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. 62
(Series of 2008)

A RESOLUTION RATIFYING THE EXTENSION OF THE LOAN AGREEMENT BETWEEN THE DEVELOPMENT BANK OF THE PHILIPPINES AND THE CITY GOVERNMENT OF OLONGAPO CONCERNING THE TWENTY-TWO MILLION “ONE-ON-ONE” LOAN FROM 13 APRIL 2008 TO 06 APRIL 2009

WHEREAS, the Olongapo City Government has availed of the Twenty-Two Million “One-on-One” loan with the Development Bank of the Philippines which expired last 13 January 2008;

WHEREAS, the City has already negotiated with DBP for the extension of the said loan from 13 April 2008 to 06 April 2009;

NOW, THEREFORE, on motion of Councilor Gina G. Perez and co-sponsored by Councilors John Carlos G. delos Reyes, Rodel S. Cerezo, Edwin J. Piano, Angelito W. Baloy, Aquilino Y. Cortez, Jr., Anselmo A. Aquino, Elena C. Dabu, Carlito A. Baloy and Cheenee F. Hoya 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 ratify, as it hereby ratifies the extension of the loan agreement between the City Government and the Development Bank of the Philippines concerning the Twenty-Two Million “One-on-One” loan from 13 April 2008 to 06 April 2009.

APPROVED UNANIMOUSLY, May 7, 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

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

2008 R - 61 - CONVEYING PROFOUND SYMPATHIES AND CONDOLENCES TO THE BEREAVED FAMILY OF CARMELITA “BERNIE” B. ALONZO

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON MAY 7, 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. 61
(Series of 2008)

A RESOLUTION CONVEYING PROFOUND SYMPATHIES AND CONDOLENCES TO THE BEREAVED FAMILY OF CARMELITA “BERNIE” B. ALONZO

WHEREAS, Mrs. Carmelita B. Alonzo, peacefully joined her creator on May 04, 2008 at the age of 50;

WHEREAS, Mrs. Alonzo spent 21 impeccable years as a nurse where she exemplified hard work, dedication and discipline;

WHEREAS, she stood as a head coordinator for all barangay health centers and an active member the Olongapo City Women’s Council;

WHEREAS, the City appreciates the services she had rendered to the Olongapo constituents and commiserates with the Alonzo Family for her loss;

WHEREAS, it is the City’s outmost prayer that her family will graciously move on, in this moment of grief;

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 session assembled, to convey as it hereby conveys profound sympathies and condolences to the bereaved family of Mrs. Carmelita “Bernie” B. Alonzo.

Let a copy of this Resolution be furnished the bereaved family of Mrs. Carmelita “Bernie” Alonzo for their information and record.

APPROVED UNANIMOUSLY, May 7, 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

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

2008 R - 60 - AUTHORIZING JLGMH REPRESENTED BY ITS CITY MAYOR JAMES BONG GORDON, JR. TO ENTER INTO A CONTRACT OF AFFILIATION WITH THE GDMCI

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON MAY 7, 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. 60
(Series of 2008)

A RESOLUTION AUTHORIZING JAMES L. GORDON MEMORIAL HOSPITAL (JLGMH) REPRESENTED BY ITS CITY MAYOR JAMES BONG GORDON, JR. TO ENTER INTO A CONTRACT OF AFFILIATION WITH THE GEORGE DEWEY MEDICAL COLLEGE INC., (GDMCI) REPRESENTED BY ITS OIC-DEAN, CORAZON B. GUANCO, RN,MAN

WHEREAS, James L. Gordon Memorial Hospital (JLGMH) agrees and allows the affiliation and training of nursing students of George Dewey Medical College subjected to the Policies, Procedures and Guidelines governing Affiliation and Training of Students prescribed by the Department of Health / Hospital / Rural Health Units and Other Health Agencies;

WHEREAS, George Dewey Medical College, Inc. shall strictly comply with all the Policies, Procedures and Guidelines governing Affiliation prescribed by JLGMH, and any violation thereof including DOH Administrative No. 5-A series of 1996, shall be legitimate ground for cancellation of contract;

WHEREAS, George Dewey Medical College, Inc. shall pay JLGMH an affiliation fee the rate of P60.00 per student / week or P240.00 / month per student;

WHEREAS, George Dewey Medical College, Inc. shall provide the grading system and the Grading Sheets to be used by JLGMH for the Related Learning Experience (RLE) exposure;

WHEREAS, GCICSII will provide clinical instructor (C.I.) who will supervise the nursing students;

WHEREAS, The terms of Contract of Affiliation shall be effective for a period of one year;

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 authorize, as it hereby authorizes James L. Gordon Memorial Hospital (JLGMH) represented by its City Mayor James Bong Gordon, Jr. to enter into a Contract Of Affiliation with the George Dewey Medical College Inc., (GDMCI) represented by its OIC-Dean, Corazon B. Guanco, RN, MAN

APPROVED UNANIMOUSLY, May 7, 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

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

2008 R - 59 - ENDORSING THE DAU-ANGELES-OLONGAPO CITY OPERATORS AND DRIVERS ASSOCIATION TO THE LTFRB R

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON MAY 7, 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. 59
(Series of 2008)

A RESOLUTION ENDORSING THE DAU-ANGELES-OLONGAPO CITY (DAO) OPERATORS AND DRIVERS ASSOCIATION TO THE LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD (LTFRB) FOR A FRANCHISE TO OPERATE A TRANSPORT SERVICE ROUTE FROM DAU TO OLONGAPO VICE VERSA VIA SUBIC CLARK TARLAC EXPRESSWAY (SCTEX)

WHEREAS, the Dau-Angeles – Olongapo (DAO) Operators and Drivers Association a group of operators and drivers of vans intend to operate transport services from Dau to Subic via SCTEX and vice-versa and will use the Mabalacat Passenger Terminal in Dau as their terminal to pick-up and unload passengers;

WHEREAS, currently a number of passengers/commuters are from Olongapo City and nearby towns and are commuting daily from Subic to Dau and vice versa;

WHEREAS, the application for a permit to operate from Subic to Dau and vice versa via SCTEX is the most convenient and easiest route for commuters and transport utility services going to and from the said destination;

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 endorse, as it hereby endorses the Dau-Angeles-Olongapo City (DAO) Operators and Drivers Association to the Land Transportation Franchising and Regulatory Board (LTFRB) for a franchise to operate a transport service route from Dau to Olongapo vice versa via Subic Clark Tarlac Expressway (SCTEX)

APPROVED UNANIMOUSLY, May 7, 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

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

2008 O - 29 - PROHIBITING NUISANCE IN THE CITY OF OLONGAPO, PROVIDING PENALTIES FOR VIOLATION THEREOF AND FOR OTHER PURPOSES

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON MAY 7, 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.

WHEREAS, Section 458 of the Local Government Code of 1991 empowers the Sangguniang Panlungsod to approve ordinances for the general welfare of the city and prescribe penalties for any violation thereof;

WHEREAS, the city has been experiencing a steady increase in population, business and industry, which consequentially cause its inhabitants disturbance and nuisance usually in sight, smell and sound;

WHEREAS, such disturbance and nuisance are likely contributors to the deterioration of the health, safety, social and moral conditions of the community;

WHEREAS, Article 699 of the Civil Code of the Philippines states that the remedies against a public nuisance are: (1) Prosecution under the Penal Code or any local ordinance; (2) Civil action; or (3) Abatement without judicial proceedings;

NOW, THEREFORE, upon motion of Councilor Angelito W. Baloy, 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. 29
(Series of 2008)

AN ORDINANCE PROHIBITING NUISANCE IN THE CITY OF OLONGAPO, PROVIDING PENALTIES FOR VIOLATION THEREOF AND FOR OTHER PURPOSES

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


SECTION 1. Short Title. This Ordinance shall be known as the “ANTI-NUISANCE ORDINANCE OF OLONGAPO CITY”.

SECTION 2. Definition of Terms.

(a) Nuisance. As per Article 694 of the Civil Code of the Philippines, is an act, omission, establishment, business, condition of property or anything else which:

i. injures or endangers the health and social safety of others such as but not limited to old, dilapidated buildings, chemicals and fire hazard structures

ii. annoys or offends the senses such as but not limited to excessively loud sounds from various electronic machines, generators and motor vehicles, billboards and signages

iii. shocks, defies or disregards decency or morality such as but not limited to pornographic publications

iv. obstructs or interferes with the free passage on any public highways and streets

v. hinders the free passage of any body of water

vi. impairs the use of property

Article 695 of the Civil Code of the Philippines further states that nuisance is either public or private. A public nuisance affects a community or neighborhood or any considerable number of persons, although the extent of the annoyance, danger or damage upon individuals may be unequal. A private nuisance is one that is not included in the foregoing definition.

Nuisance includes but is not limited to the following:

· excessively loud sounds emanating from both standard and modified musical instruments or devices or appliances, sound systems, public address systems, factories or buildings, generators, vehicles and other machines exceeding forty decibels (40dB)
· uncovered deep excavations or manholes along major thoroughfares/streets
· structures constructed along rivers, streets or highways that obstruct free passage

(b) Parked vehicles along highways or streets that obstruct free flow of traffic. As defined in City Ordinance No. 22, Series of 1990.

(c) Naked, half-naked, scantily dressed persons walking or roaming in public places. As defined in City Ordinance No. 21, Series of 2008.

(d) Juridical Person. An artificial being created by operation of law, having the right of succession and the powers, attributes and properties expressly authorized by law or incident to its existence.

SECTION 3. Prohibitions. Those delineated in Section 2 of this ordinance shall be moderated to tolerable, civilized, moral and respectable levels otherwise, it shall be unlawful for any person, natural or juridical, to create nuisance in the City of Olongapo.

SECTION 4. Exemptions. City-initiated activities such as but not limited to public service and information which generally make use of megaphones and/or PA systems shall be exempted from this ordinance as long as they are implemented in moderation.

SECTION 5. Penalties. Any person whether natural or juridical, including managers and proprietors, who are found in violation of the provisions of this ordinance shall be fined as follows:

(a) FIRST OFFENSE. A fine of One Thousand Pesos (PhP1,000.00), or imprisonment of not more than One (1) Month, or both, at the discretion of the court.

(b) SECOND OFFENSE. A fine of Three Thousand Pesos (PhP3,000.00), or imprisonment of not more than Two (2) Months but not less than One (1) Month, or both, at the discretion of the court.

(c) THIRD OFFENSE. A fine of Five Thousand Pesos (PhP5,000.00), or imprisonment of not more than Three (3) Months but not less than Two (2) Months, or both, at the discretion of the court.

SECTION 6. Supplementary Stipulation.

(a) Persons found creating nuisance specifically in the form of nude display
or scant dressing in public shall be penalized consistent with the provisions stated in City Ordinance No. 21, Series of 2008.

(b) Persons with parked vehicles along highways or streets that obstruct free
flow of traffic shall be penalized under the traffic citation system and subject to all existing rules, ordinances and traffic code.

SECTION 7. Enforcement.

(a) The Barangay, PNP, City Health Office, City Planning & Development Office, City Engineering Office, City Legal Office and the Office of Traffic Management and Public Safety (OTMPS) shall be the lead coordinating agencies in the implementation of this ordinance. Furthermore, they shall be empowered to issue citations to violators of the provisions contained herein.

(b) The citation shall consist of two (2) copies and shall both contain the full name of the violator including complete and latest address, contact particulars, nature of the offense and the corresponding penalty.

(c) Upon receipt of a citation, the violator shall be given ten (10) days to settle the penalty at the City Treasurer’s Office. Otherwise, the matter shall be turned over to the City Legal Office for lawful action.

SECTION 8. Repealing Clause. Any ordinance in conflict with any provision contained herein shall be deemed repealed or modified accordingly.

SECTION 9. Separability Clause. Should any provision of this ordinance be declared unconstitutional or invalid, the other provisions not so declared shall continue to be in full force and effect.

SECTION 10. Effectivity. This ordinance shall take effect after fifteen (15) days following its publication in a newspaper of general circulation in the City of Olongapo.

APPROVED UNANIMOUSLY, May 7, 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

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

2008 O - 28 - DECLARING THE WHOLE STRETCH OF 14TH STREET FROM CORNER RIZAL AVENUE UP TO THE 14TH STREET BRIDGE AS A NO PARKING AREA AND TOW AWAY ZONE

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON MAY 7, 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.

WHEREAS, The SBMA Kalaklan and SBMA Main Gates at RM Drive are expected to be closed to vehicular traffic anytime this month or next month. The closure is due to the scheduled repair of the bridges in the area which will last for a year or more;

WHEREAS, the closure especially of the Kalaklan Gate is expected to increase the number of vehicles plying the streets of Olongapo City going to SBMA which may create traffic congestion particularly along Rizal Avenue from Ulo ng Apo to SBMA Rizal Gate;

WHEREAS, in order to reduce the number of vehicles going to SBMA via Rizal Gate, and to prevent traffic congestion, there is a need to clear illegally parked vehicles along the 14th Street corner Rizal Avenue up to the 14th Street Bridge;
.
NOW, THEREFORE, on motion of Councilor Aquilino Y. Cortez Jr., with the unanimous accord of the members of the City Council present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the City Council in session assembled, to enact this ordinance:

ORDINANCE NO. 28
(Series of 2008)

AN ORDINANCE DECLARING THE WHOLE STRETCH OF 14TH STREET FROM CORNER RIZAL AVENUE UP TO THE 14TH STREET BRIDGE AS A NO PARKING AREA AND TOW AWAY ZONE

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

SECTION 1. Scope

This Ordinance applies to owners of all motor vehicles in use within the territorial jurisdiction of the City of Olongapo to include push carts, tribikes and other non motorized vehicles or equipments that may obstruct or impede the free flow of traffic.

SECTION 2. Definitions

Terms as defined in Section 2 of City Ordinance No. 22, Series of 1990.

SECTION 3. Authority, Guidelines and Penal Clause

Ordinance No. 22, Series of 1990 will apply.

SECTION 4. Information billboards and/or posters.

The City Engineer is hereby directed to provide and place appropriate billboards and/or posters informing and warning vehicle drivers or owners on the provisions of this Ordinance.

SECTION 5. Reference

Ordinance No. 22, Series of 1990 is hereby made as integral part of this Ordinance.

SECTION 6. Repealing clause.

All ordinances, resolutions, local executive orders, rules and regulations or parts thereof in conflict or inconsistent with this Ordinance is hereby repealed and/or modified accordingly.

SECTION 7. Effectivity.

This Ordinance shall take effect upon its approval.

APPROVED UNANIMOUSLY, May 7, 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

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