Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON JANUARY 28, 2009 AT THE CITY HALL

Present:

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

Hon. Gina G. Perez - - - - - - - - - - - - - - - - - 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. Jonathan G. Manalo - - - - - - - - - - - - - - “ “

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

Hon. Cheenee F. Hoya- - - - - - - - - - - - - - - - SK Federation President

Absent:

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

Call to Order

The City Vice-Mayor and Presiding Officer Cynthia G. Cajudo called the session to order at 4:38 in the afternoon.

Roll Call

With ten (10) members and the Presiding Officer present, a quorum was declared. However, Councilor Rodel S. Cerezo arrived during the Reading of the Day’s Agenda.

Reading and Adoption of Minutes

On motion of Councilor Gina Perez, the minutes of the regular session dated December 17, 2008 was unanimously approved by the body. Meanwhile, the minutes of the regular session dated December 23, 2008 was deferred because it is not yet ready.

Reading and Approval of the Day’s Agenda

Before the approval of the day’s agenda, Councilor Gina G. Perez read the items on 1st and 2nd reading, to wit:

First Reading:

1. Draft Resolution No. 2009 R-009 – A Resolution Approving The Annual Budget Of Barangay Kalaklan, City Of Olongapo For The Calendar Year 2009. Sponsored by Councilor Edwin J. Piano. (Referred to the Committees on Ways and Means and on Appropriations)

2. Draft Resolution No. 2009 R-010 – A Resolution Ratifying The Memorandum Of Agreement (MOA) Entered Into By And Between The City Government Of Olongapo Represented By The Honorable City Mayor James Gordon, Jr. And The Department Of Labor And Employment (DOLE) Represented By Nathaniel V. Lacambra, Regional Director For The Capability Building For Livelihood/Self-Employment Program. Sponsored by Councilor Edwin J. Piano. (Referred to the Committee on Livelihood)

3. Draft Resolution No. 2009 R-011 – A Resolution Approving And Ratifying The Loan Agreement On The Absorption Of The Existing Ninety (90) Days Promissory Note To A Term Loan Payable In Seven (7) Years, The Continuing Deeds Of Assignment With Hold-Out And Other Documents Related Thereto Signed And Executed Between The City Of Olongapo (LGU), And The Development Bank Of The Philippines (DBP) With All The Terms And Conditions Thereof. Sponsored by Councilor Jonathan G. Manalo. (Referred to the Committees on Appropriations, on Ways and Means and on Laws)

4. Draft Resolution No. 2009 R-012 – A Resolution Requesting The Subic Bay Metropolitan Authority (SBMA) To Consider Alternative Anchorage Points For Visiting Shipping Vessels Doing Lay-Up In Subic Bay. Sponsored by Councilor Aquilino Y. Cortez, Jr. (Referred to the Committee on Environment)

5. Draft Ordinance No. 2009 O-07 – An Ordinance Creating James L. Gordon Hospital Advisory Board. Sponsored by Councilors Edwin J. Piano and Angelito W. Baloy. (Referred to the Committees on Health and on Personnel Management)

Second Reading:

1. Draft Ordinance No. 2009 O-01 – An Ordinance Authorizing The Charging Of The Previous Year’s Obligation In The Amount Of Sixteen Thousand Five Hundred Pesos (PhP16,500.00) To The 2008 Budget Of The Item Travelling Expense-Local Under Maintenance And Other Operating Expenses Of The Office Of The City Mayor. Sponsored by Councilor Gina G. Perez

2. Draft Ordinance No. 2009 O-03 – An Ordinance Approving The City Government Budget For Calendar Year 2009. Sponsored by Councilor Jonathan G. Manalo

3. Draft Ordinance No. 2009 O-04 – An Ordinance Prohibiting The Sale, Use, Installation And Display Of Buntings, Pennants And Other Decorative Objects Made With Plastic And Non-Biodegradable Materials Along The Streets, Roads And Public Spaces Within The City Of Olongapo. Sponsored by Councilor Aquilino Y. Cortez, Jr.

4. Draft Resolution No. 2009 R-005 – A Resolution Approving The Annual Budget Of Barangay Barretto, City Of Olongapo For The Calendar Year 2009. Sponsored by Councilor Edwin J. Piano

5. Draft Resolution No. 2009 R-006 – A Resolution Approving The Annual Budget Of Barangay New Banicain, City Of Olongapo For The Calendar Year 2009. Sponsored by Councilor Edwin J. Piano

6. Draft Resolution No. 2009 R-007 – A Resolution Approving The Annual Budget Of Barangay East Tapinac, City Of Olongapo For The Calendar Year 2009. Sponsored by Councilor Edwin J. Piano

7. Draft Resolution No. 2009 R-008 – A Resolution Approving The Annual Budget Of Barangay West Tapinac, City Of Olongapo For The Calendar Year 2009. Sponsored by Councilor Edwin J. Piano

Councilor Piano moved to include in the first reading item no. 5 the word “Memorial” to read: “An Ordinance Creating James L. Gordon Memorial Hospital Advisory Board,” sponsored by the Majority Party.

The body unanimously approved the Day’s Agenda as amended.

Communications and Referrals of Business

Communications Read:

1. Letter from the Hon. Vice Mayor Cynthia G. Cajudo addressed to the City Mayor James Gordon, Jr., endorsing the programs and agenda of the Regional Peace and Order Meeting she attended at Fontana Leisure Parks and Hotel, Clark Field, Pampanga. (For information and furnish copy to the Committee on Peace and Order)

2. Annual Budget of Barangay Kalaklan for the Calendar Year 2009. (Referred to the Committees on Ways and Means and on Appropriations)

3. Letter from Regie Dedicatoria, addressed to Engr. Marivic Nieras, OIC, City Planning and Development Office regarding the submission of Local Development Investment Plan (LDIP). (For information)

4. Letter from Councilor Jong Cortez, City Council Committee on Environmental Protection, addressed to Ms. Helen Aggabao, Principal, Olongapo City National High School (OCNHS) Olongapo City inviting her before the City Council to shed light on the trees that have been cut without the necessary permit from the Community Environment & Natural Resources Office (CENRO) on Monday at 2:00 P.M., Olongapo City Council Session Hall. (For information)

5. Memorandum No. 2009-01-006 of Brgy. Captain Rafael R. Santulan, Brgy. Chairman of Brgy. West Bajac-Bajac addressed to Elsa D. Suazo, Barangay Treasurer regarding the Submission Of Vouchers And Supporting Documents To The City Accountant on monthly basis but not later than fifth (5th) day of the succeeding month all disbursement vouchers including its supporting documents transacted in the preceding month. (Referred to the Committees on Ways and Means and on Appropriation)

6. Memorandum 2009-01-007 of Brgy. Captain Rafael R. Santulan, Jr. of Barangay West Bajac-Bajac addressed to Elsa D. Suazo, Barangay Treasurer, regarding the Posting Of Income And Expenditures. She was directed to post at the bulletin board and infront of the barangay hall on monthly basis but not later than the fifth (5th) day of the succeeding month all revenues collected and funds received including the disbursement of such funds during the preceding month. (Referred to the Committees on Ways and Means and on Appropriations for review)

7. Sulat mula kay Councilor John Carlos G. Delos Reyes, Chairman, Committee on Human Rights Protection para kay Police Senior Superintendent Abelardo Pacis Villacorta, PNP Director, Police Station I, Olongapo City patungkol sa peace and order situation sa Pinagpala, Iram, New Cabalan, Olongapo City. Siya ay nakikiusap na magtalaga ng mga pulis sa lugar para panatilihin ang kaayusan at katahimikan sa lugar at siguruhin din ang mga pulis na itatalaga doon ay matiyagang tutulong sa mga residente doon sa pagdodokumento o pagblotter sa mga krimen tulad ng pagbabato o paninira ng mga gamit para ito’y magamit bilang ebidensiya sa mga kasong maisampa sa korte. (Referred to the Committee on Peace and Order and for information)

8. Letter from Hon. Carlito A. Baloy, Barangay Captain, ABC President, addressed to the Hon. City Mayor James Gordon, Jr., requesting an additional staff at his office in the City Council for a more efficient performance of his duties as ABC President of Olongapo City. (Referred to the Committees on Personnel and on Appropriations)

9. Resolution No. 10, Series of 2009, Office of the Sangguniang Kabataan, Barangay East Tapinac, Olongapo City: Presented for consideration is the Annual Budget of Sangguniang Kabataan of Barangay East Tapinac for the period from January 01, 2009 to December 31, 2009 in the sum of PhP472,843.89. (For review of Councilor Cheenee Hoya and referred to the Committees on Appropriations and on Ways and Means)

10. Letter from Marey Beth D. Marzan, Officer-In-Charge, City Budget Office, ULIS Project Team Leader, addressed to Hon. Councilor Edwin J. Piano on the re-scheduling of the walk-through inspection of Treasury Operating System, RPTS and BPLS to February 3, 2009, 10:00 A.M.

11. Memorandum from Ferdie Magrata, City Administrator, addressed to All Department Heads and Chief of Offices, regarding the Provision Of Special Line For Late-Comers And Early-Goers; During Flag Ceremonies. All Department Heads/Chief of Offices are reminded to write the City Mayor to seek permission and/or authority for a group of employees or individual under his Department or Office to depart from the ceremonies early due to exigencies of service. The practice of monitoring attendance shall continue and attendance sheet shall be regularly submitted to their representative of the Office of the City Administrator and/or Personnel Office immediately after the ceremonies. (For information of city officials and employees)

12. Letter from Edgardo R. Gingco, Barangay Captain of Gordon Heights, addressed to the Hon. City Mayor James Gordon Jr., transmitting Barangay Resolution No. 02, Series of 2009 duly signed and approved by the members of the Sangguniang Barangay last January 20, 2009 entitled, “A resolution recommending to the Hon. James Gordon, Jr. Mayor of Olongapo City, thru Dr. Arnildo Tamayo, City Health Officer, to Retain Dr. Jose Bizmarck Abad in Gordon Heights Health Center”. Attached is the petition of the residents of Barangay Gordon Heights, Olongapo City. (Referred to the Committee on Health for information and proper action)

13. Letter from Engr. Marivic J. Nierras, Officer-In-Charge, CPDO, addressed to the Hon. City Vice Mayor Cynthia G. Cajudo referring to the plan of the City Government of Olongapo to establish a new public cemetery before closing the existing public cemetery in Barangay Kalaklan, which to date has exceeded its capacity and she is requesting for a certified true copy of the mentioned resolution, which will be included in documents to be transmitted to the Department of Health to approve the site to be developed as new cemetery. (Referred to the Committees on Health and on Environment))

14. Copy of the Annual Budget of Old Cabalan for the Calendar Year 2009. (Referred to the Committees on Ways and Means and on Appropriations)

15. Memorandum from Fernando M. Magrata, City Administrator, addressed to All City Government Department/Division Heads, All National Government Department/Division Heads, All Barangay Captains & Officials regarding our Flag Ceremony, First Semester 2009. The Sangguniang Panlungsod will lead the Flag Ceremony on May 04, 2009.

16. Copy of Resolution No. 001, Series of 2009 of Barangay Old Cabalan entitled: “An Ordinance Approving The Withdrawal Of PhP73,000.00 As Financial Assistance In Terms Of Food Subsidy To The BPSO Personnel Of Barangay Old Cabalan”. (Referred to the Committees on Appropriations and on Ways and Means)

17. Letter from the Hon. City Vice Mayor Cynthia G. Cajudo, addressed to the Hon. City Mayor James “Bong” Gordon Jr. regarding our accomplishment reports for 2008 including the individual reports of each Kagawad. (For information)

18. Sangguniang Panlungsod Calendar For The Year 2009 is also submitted. (For information)

19. Memorandum from Angie Socorro S. Barroga, OIC, City Personnel, addressed to the City Officials/Employees regarding the Schedule of Annual Physical and Dental Examination. For the City Council, we have Feb. 2, the Hon. City Vice Mayor Cynthia G. Cajudo will be celebrating her birthday.

Feb. 2 - Joe Ellamil

Feb. 4 - SK President Cheenee Hoya

Feb. 8 - Abigail Marie Santiago

Feb. 14 – Councilor delos Reyes

Feb. 5 – Councilor Carlito Baloy

Official results or medical findings shall be forwarded to the Office of the City Health for final recommendation and attachment to employee 201 file, Personnel Office.

20. Memorandum from the Personnel Office issued by Angie Barroga, OIC, regarding the annual physical examination notice. There is a form attached to this as mentioned earlier by the Vice-Mayor, which will be produced by each department, shall be secured from the Personnel Office prior to free medical check-up at James L. Gordon Memorial Hospital. After completion of the physical examination the result shall be forwarded to the Office of the City Health for final recommendation and attachment to the employee 201 file, Personnel Office. (For information)

21. 1st Endorsement from the City Mayor to the Hon. City Vice Mayor and Members of this body, the copy of the Term Loan Agreement for the loan amounting to PhP24,969,140.00 entered into by and between Development Bank of the Philippines represented by its Senior Assistant Vice-President and Head of Regional Marketing Office-Central Luzon, Lydia Q. Maglalang and the City Government represented by the City Treasurer, Marcelino Andawi. (Referred to the Committees on Appropriations, on Ways and Means and on Laws)

22. Notice of Power Interruption of the Public Utilities Department on January 29, tomorrow, 9:00 AM to 9:30 AM, Feeder No. 3, whole of Gordon Heights and Mabayuan; whole of Sta. Rita Village, portion of Upper Kalaklan-Along Nat’l. Hi-way from CBMU St. to Otero Ave. along Maine St., Lower Kalaklan, portion of WBB; along Davidson St., from 20th to 22nd St.; along W-20th St. from River to Caron St.; along W-22th St., from Davidson to Rizal Triangle; along Balic-Balic Road from Seventh Day Adventist Church to Balic-Balic Bridge; whole of Dominguez St., Sta. Rita and this is caused by the PUD interruption for the reason that they are going to isolate work area at Acacia St., Gordon Heights (LBS); and at 9:00 A.M. to 12:00 N.N., whole of Gordon Heights, along Acacia St., whole of Sta. Rita Village. Along Balic-Balic Road from Sevent Day Adventist Church to Balic-Balic Bridge; whole of Dominguez St., Sta. Rita. The reasons are: replacement of deteriorated pole at 4B Otero Ave., Mabayuan, replacement of deteriorated pole at Balite St., Gordon Heights, installation of DCU at Balic-Balic Bridge, trimming of trees touching or about to touch primary distribution lines. Power will be restored anytime without notice upon completion of works. There is also another notice of interruption on Friday, Jan. 30, 2009, 9:00 A.M. to 12:00 NN., Metering, Feeder 21KL4, whole of West Tapinac and New Banicain, portion of East Tapinac bounded by Rizal Ave., Magsaysay Drive and 3rd Street, portion of New Asinan bounded by Rizal Ave., 3rd St., Perimeter Road and Magsaysay Drive, portion of New Kababae along W-2nd Street. The cause of interruption is still PUD for the following reasons: installation of primary metering at James L. Gordon Hospital; replacement of deteriorated pole at Rizal Ave., corner 3rd St., West Tapinac, trimming of trees along feeder 21KL4 distribution lines. Power will be restored anytime without notice upon completion of works. (For information)

23. Copy of PMS-OPES Workshop submitted by Angie Barroga, OIC Personnel Officer, Olongapo City. (For information)

24. Letter from the City Mayor, addressed to the Hon. City Vice Mayor Cynthia G. Cajudo requesting the Sangguniang Panlungsod to consider a City Resolution Superseding City Resolution No. 169, Series of 2008 that pertains to the Loan Term Agreement entered into by and between the City Government and the Development Bank of the Philippines amounting to PhP24,969,140.00 covered by a Promissory Note payable in ninety (90) days as contained in City Resolution No. 169, Series of 2008. The City Mayor is certifying for the urgency of its passage. (Referred to the Committees on Appropriations and on Ways and Means)

25. Resolution No. 02, Series of 2009 of Brgy. West Bajac-Bajac, entitled: “A Resolution Amending Standing Committees of Res. No. 11, Series of 2008 Effective Jan. 2009.” (For information and guidance and referred to the Committee on Brgy. Affairs)

26. Letter from Randino A. Ledesma, Officer-In-Charge, Urban Basic Services Programme, Olongapo City for the City Vice Mayor thru the Council Secretary, requesting 2008 City Ordinances and if possible Accomplished Activities of Olongapo City Council Committees for 2008.

27. Annual Budget of New Ilalim for the Calendar Year 2009. (Referred to the Committees on Ways and Means and on Appropriations)

28. City Vice Mayor’s letter to the City Mayor requesting for the advance release of 2nd quarter allotment of monetization. (For information)

29. Letter of Mario Esquillo, Council Scout Executive, Boy Scouts of the Philippines, for the City Mayor copy furnished the Office of the City Vice-Mayor, regarding request for support on the forthcoming One Day Girl and Boy Scouts Official Culminating Activity. For the City Council they are requesting that they will be using the Sangguniang Panlungsod, Session Hall on February 2, 2009, at 2:00 to 4:30 in the afternoon for the City Girl and Boy Officials Environmental Summit and Session and at 4:30 to 5:30 P.M. open forum, to be followed by the Closing Ceremony.

Committee Reports

Councilor Dabu as Committee Chair on Livelihood reported before the body about the holding of a seminar on cosmetology at Brgy. Barretto. It was a 5-day seminar attended by 20 participants who were all provided with a manicure set. She commended Brgy Captain Carlito Baloy for his support in promoting the livelihood project in the barangay headed by Kagawad Albarda.

As for her last committee report, she informed the body of the new composition forming the Task Force Virgo, with the return of Officer Baroy and Officer Yusi to the OTMPS. Danilo Alvero was appointed as the Supervisor of the Task Force Virgo. He was the head of Marshall in the recent holding of the Night Bazaar. The Task Force Virgo is composed of 15 personnel with Ms. Aivy Cabanglan as its researcher and encoder and 13 others acting as monitors namely:. Mr. Ablaza for Brgy. Barretto, Mr. Alvero for New Cabalan, Mr. Apalis for Olongapo Public Market, Mr. Blanza who is assigned at West Bajac-Bajac Public Market, Elmer Dabu for Barretto and East Bajac-Bajac, Diaz, Rodrigo for East Bajac-Bajac Public Market, Mr. Limin for West Bajac-Bajac Market, Jonathan Madulara for New Cabalan, Ruben Matondo for East Bajac-Bajac Market, Mr. Najera for Pag-asa Market, Sony Palo for East Bajac-Bajac Market, Mr. Talob for Rizal Avenue and Mr. Trinidad for Pag-asa Market.

Calendar of Business

1. Draft Ordinance No. 2009 O-01 – “An Ordinance Authorizing The Charging Of The Previous Year’s Obligation In The Amount Of Sixteen Thousand Five Hundred Pesos (PhP16,500.00) To The 2008 Budget Of The Item Travelling Expense-Local Under Maintenance And Other Operating Expenses Of The Office Of The City Mayor,” was approved unanimously in its second and final reading, on motion of Councilor Gina G. Perez.

2. Draft Ordinance No. 2009 O-03 – “An Ordinance Approving The City Government Budget For Calendar Year 2009,” was approved by a majority vote of the body in its second and final reading, on motion of Councilor Jonathan G. Manalo.

3. Draft Ordinance No. 2009 O-04 – “An Ordinance Prohibiting The Sale, Use, Installation And Display Of Buntings, Pennants And Other Decorative Objects Made With Plastic And Non-Biodegradable Materials Along The Streets, Roads And Public Spaces Within The City Of Olongapo,” was deferred by the body on motion of Councilor Aquilino Y. Cortez, Jr. until the conduct of a public hearing the following day. Invitations were sent to the officers of San Miguel, Coca-Cola, Pepsi-Cola and to all the barangay officials.

4. Draft Resolution No. 2009 R-005 – “A Resolution Approving The Annual Budget Of Barangay Barretto, City Of Olongapo For The Calendar Year 2009,” was opened for discussion on motion of Councilor Edwin J. Piano.

The Presiding Officer acknowledged the presence of the Brgy. Officials of Brgy. Barretto namely Kgd. Ronald Elayda, Kgd. Beth Albarda, Treasurer Vicente Venegas and Brgy. Capt. and ABC President Carlito Baloy to answer queries, on the request of Councilor Piano.

Councilor Dabu asked how much of Brgy. Barretto’s budget was allocated for livelihood programs. She also wanted to get clarification on the real amount of the barangay budget because in her copy the amount of PhP10,480,267.95 was written while in Councilor Baloy’s copy it was PhP11 million.

Councilor Gie Baloy said that in his copy of Brgy. Resolution No. 36, Series of 2008, the barangay approved PhP11,096,387.94 budget.

Councilor Edwin Piano mentioned that the endorsement letter from the City Budget Office, authorized the amount of PhP10,480,267.95.

The Brgy. Treasurer explained that the amount mentioned by Councilor Piano was their first endorsement to the Budget Office, however, they were advised by the said office to change it. Thus, in their first copy, it was already PhP11,096,000.00.

Councilor Dabu requested for the Budget Office to give clarification on the matter.

The Presiding Officer declared a recess, upon the request of Councilor Anselmo A. Aquino.

Recess: 5:33 p.m.

Resumed: 5:35 p.m.

The Presiding Officer suggested that while waiting for the Budget Officer, the body may discuss the next item.

Councilor Perez mentioned Brgy. Banicain.

The Presiding Officer recognized the presence of the representatives of the said Barangay, namely Brgy. Treasurer Jess Torres, Jr., Brgy. Secretary Emmanuel Villanueva and Brgy. Kgd. Michael Panugao.

The City Budget Officer arrived, thus the Presiding Officer declared a recess.

Recess: 5:37 p.m.

Resumed: 5:40 p.m.

Draft Resolution No. 2009 – R-005 was approved by the body unanimously, in its second and final reading, on motion of Councilor Edwin J. Piano.

5. Draft Resolution No. 2009 R-006 – “A Resolution Approving The Annual Budget Of Barangay New Banicain, City Of Olongapo For The Calendar Year 2009,” was opened for discussion on motion of Councilor Edwin J. Piano.

Councilor Dabu asked why the barangay had a deficit of PhP134.72, as commented by the City Budget Officer in the barangay’s SK fund allocation.

Mr. Panugao discussed that in the past, conflict came up with the 2% discretionary and 10% SK funds. It was corrected in the previous year with a barangay resolution and the correction of the City Budget Office. However, the uncorrected figure was written in the current proposed measure. Mr. Panugao mentioned that he has a copy of final corrected version which according to him, was probably overlooked.

Councilor Gie Baloy asked if the barangay allocated a budget for Philhealth Insurance enrollment of the staff and volunteers. Mr. Panugao affirmed and said that they allocated PhP38,400.00 to cover the Members of their Council, tanods, purok leaders and staff.

Draft Resolution No. 2009 – R-006 was approved by the body unanimously, in its second and final reading, on motion of Councilor Edwin J. Piano.

The Presiding Officer told the barangay officials to reflect the correction in their budget.

6. Draft Resolution No. 2009 R-007 – “A Resolution Approving The Annual Budget Of Barangay East Tapinac, City Of Olongapo For The Calendar Year 2009.”

The Presiding Officer recognized the presence of the representatives of Brgy. East Tapinac, namely: Brgy. Kgd. Marlon Austria and Brgy. Treasurer Mr. Francis Tamor, on the request of Councilor Edwin Piano.

Councilor Gie Baloy asked if a budget was allocated for the Philhealth Insurance of volunteers and staff. Mr. Austria affirmed. He explained that the barangay awaits the “miracle money” from the national government – lacking balance of barangay IRA to be used for the enrollment of the staff and volunteers.

Councilor Dabu queried how much of the development fund in the prepared annual investment plan of the barangay was allocated for livelihood seminars. Mr. Austria replied that the budget of PhP30,000.00 was allocated.

The Presiding Officer declared a recess.

Recess: 5:50 p.m.

Resumed: 5:52 p.m.

For the record, the Presiding Officer said that the recommendation for Brgy. East Tapinac’s budget for the barangay to have an excess of PhP12,395.91 which was appropriated to the 5% Calamity Fund, would be reverted to the Unappropriated Balance of the General Fund.

Recess was again declared by the Presiding Officer.

Recess: 5:53 p.m.

Resumed: 5:54 p.m.

Draft Resolution No. 2009-R-07 was unanimously approved by the body, in its second and final reading, on motion of Councilor Edwin J. Piano.

7. Draft Resolution No. 2009 R-008 – “A Resolution Approving The Annual Budget Of Barangay West Tapinac, City Of Olongapo For The Calendar Year 2009.”

The Presiding Officer recognized the presence of Brgy. Treasurer Ronald Escal as representative of Brgy. West Tapinac to answer queries.

Councilor Piano encouraged the Barangay Treasurer to already give an information regarding frequently asked questions like the allocations for livelihood and health matters.

Mr. Escal apprised the body that the barangay allocated PhP50,000.00 for livelihood programs. This is for the training seminars to be conducted by the barangay for their constituents. For health, the barangay allocated PhP20,000.00 for Philhealth which they fund annually for the Members of their Council, their staff, tanods and barangay volunteers. Lastly, they also allocated PhP20,000.00 for the radio equipments, for licenses and other regulatory fees for the barangay communications.

Councilor Gie Baloy pointed out that this was not a query but only a reminder to the barangay. The Councilor recounted that during his term as City Fiesta Chair, he committed 50% of the barangay’s enrollment, the enrollment of 10 personnel to Philhealth. The 50% was shouldered by 2007 Fiesta Committee Chair. He said he already endorsed this to the current Chairman on City Fiesta, Councilor Ellen Dabu.

Draft Resolution No. 2009-R-008 was approved unanimously by the body, in its second and final reading, on motion of Councilor Edwin J. Piano.

The Presiding Officer told the Brgy. Treasurer to get a copy of the final recommendations and to note if there are any adjustments to be made. Mr. Escal explained that with regard to the deficit in SK fund, he was already informed by the Budget Office and they will return any excess if there will be discrepancies.

Other Matters

A. For clarity and accuracy, Councilor Gie Baloy manifested changes in the title of the Ordinances the previous Regular Session which he sponsored. First was Ordinance No. 02, Series of 2009, which should read as: “An Ordinance Extending The Deadline Of Payment For Both Full And First Quarter Business Tax Due For The Calendar Year 2009 As Provided Under Section 3A.08 Of City Ordinance No. 64, Series Of 2007 Otherwise Known As The “Olongapo City 2007 Revenue Code.” Second Ordinance No. 03, Series of 2009 “An Ordinance Extending The Deadline Of Payment For Mayor’s Permit For Businesses Due For The Calendar Year 2009 As Provided Under Section 4A.21 Of City Ordinance No. 64, Series Of 2007 Otherwise Known As The “Olongapo City 2007 Revenue Code.” The Councilor said that the Council Secretary was made aware of the concern and already made the necessary changes in the final draft of the said ordinance.

B. Draft Resolution No. 2009 R-012 – “A Resolution Requesting The Subic Bay Metropolitan Authority (SBMA) To Consider Alternative Anchorage Points For Visiting Shipping Vessels Doing Lay-Up In Subic Bay,” was considered by the body as an urgent matter, on motion of Councilor Aquilino Y. Cortez, Jr.

Councilor Cortez explained to his colleagues that from the copy of the radar map supplied by the Seaport Department which he gave them, it showed the proximity of the ships to the beaches and resorts like at Baloy Beach, Driftwood Beach, Halfmoon Beach and Kalaklan Point. According to the Councilor, the proposed measure was a request to SBMA through the Seaport Department to study other alternative anchorage points. From the discussion he had with the Seaport Department the previous day, Councilor Cortez said that several alternative anchorage points, 40, 70 or more, were considered where the ships such as the Brilliant Ace Ship, Ryu Yoh, Chereace Maru, World Glory and Universal Green may be transferred. The purpose of the transfer is that the ships will not block the flow of the bay and will not spoil the vantage point of tourists in the beaches of Baloy, Driftwood and Halfmoon Beaches.

Councilor Cortez cleared that territorial jurisdiction are not being discussed at this point but only the passage of a resolution requesting that SBMA to transfer the anchorage point designated during the time of the U.S. Navy to an alternative anchorage.

Councilor Gie Baloy asked the proponent if the identified relocation site for the ships is safe for the corals. Councilor Cortez replied that he was not able to bring the map given by SBMA but in the map, it was shown by SBMA that the 70 identified anchorage points were the ones surveyed by the US Navy during their time here. These were found to be deep water harbor and were assumed to no longer have corals, since corals are normally found along the shoreline due to the need for sunlight. He added that it would be difficult to anchor if corals are present. Councilor Lipumano-Garcia queried who assigned or identified the anchorage points. Councilor Cortez answered it was the SBMA which identified the anchor points based from the US Navy survey made when they were still operating here.

Councilor Carlito Baloy informed the body that his position regarding the matter was not as a City Councilor but as Chairman of Subic Bay Resort Association or SUBRA. He said that SUBRA and the business organizations in the city will have a meeting on Friday, and he asked his collegues in the City Council to make a move or action regarding the matter before that scheduled meeting day so that he will be able to report that the Members of the City Council already made its move on the said concern.

Councilor Edwin Piano requested the proponent to include in the “whereas” the specific anchor points suggested. As an example, the last “whereas” would read as “… the designated anchor points to wit: E-11, E-13, E-17, E-18 Brilliant Ace…” The proponent replied that the suggestion of Councilor Edwin Piano will be taken into great consideration.

The Presiding Officer inquired about the distance of the proposed anchor points to the city’s shoreline. Councilor Cortez explained that it is definitely far, as shown in the map. They may determine that beyond the 15 km set will already be off-limits for ship anchorage. The other anchor points proposed are in the airport area, near Hanjin and some near SBMA but are still far from Olongapo area.

Councilor Gina Perez suggested to the proponent to include in one of the “whereas” the main point of the resolution; the environmental issues, pollution concerns and protection of Subic Bay. She asked if the proponent would consider giving SBMA suggestions or requesting SBMA for guidelines on how Subic Bay will be protected, including maintenance of cleanliness and garbage disposals, among many others, which are to be followed by anchoring ships.

Councilor Cortez said that when the matter was discussed with the Mayor during their caucus, it was tackled that though we can suggest SBMA about the protection of environment, it can not be enforced or be monitored effectively ships which were dumping in our sea because we are not capable enough to do so. The Councilor mentioned that SBMA, nevertheless, assured that these ships are being serviced by Chan Ling Companies which consist of garbage collection, providing needed supplies and even a reported case of supplying women to entertain seamen who cannot go out of the vessel.

Councilor Perez pointed out that it was caught-in-the-act, through a picture taken by Mr. Mon Estrella of the Mayor’s Office, that something liquid came out from a ship which went straight to the seawater. According to Councilor Perez if there is an efficient guideline by SBMA then things like that would be monitored. Thus, to mention the request on environmental protection in the “whereas” may not be difficult on the city’s part, since the city takes pride in its tourism industry. The Councilor also requested to provide the ships a copy of the proposed resolution so they too would be informed of the city’s concerns.

Councilor Cortez replied that he would take into consideration the pieces of advice given by Councilor Perez.

Councilor Edwin Piano commented on the phrase “doing lay-up” in the title of the proposed measure. He said it sounds a bit awkward. He then suggested to replace the word “doing” with the word “on” to read as: “on lay-up” in the title. Councilor Cortez was amenable to the suggested change of words.

Draft Resolution No. 2009-R-012, “A Resolution Requesting The Subic Bay Metropolitan Authority (SBMA) To Consider Alternative Anchorage Points For Visiting Ships On Lay-Up In Subic Bay,” was approved by the body unanimously, in its second and final reading, on motion of Councilor Aquilino Y. Cortez.

C. Draft Resolution No. 2009 R-011 – “A Resolution Approving And Ratifying The Loan Agreement On The Absorption Of The Existing Ninety (90) Days Promissory Note To A Term Loan Payable In Seven (7) Years, The Continuing Deeds Of Assignment With Hold-Out And Other Documents Related Thereto Signed And Executed Between The City Of Olongapo (LGU), And The Development Bank Of The Philippines (DBP) With All The Terms And Conditions Thereof,” thereof, was considered as an urgent matter, on motion of Councilor Jonathan G. Manalo.

Councilor Manalo informed the body that endorsement and certificate of urgency was issued by the City Mayor regarding the proposed measure. Furthermore, he mentioned that it will supersede Resolution No. 169, Series of 2008. In Resolution No. 169, Series of 2008, the loan agreement with the Development Bank of the Philippines (DBP) was approved and ratified. It was indicated in the Promissory Note and Loan Agreement that the PhP24 million was payable in 90 days, which rendered maturity on January 22, 2009. It then looked like it was not a loan. On the other hand, the notice of payment schedule for the city’s IRA differential from CY 2001-CY 2004 was already issued by Secretary Andaya of DBM. In this regard, the city requests the DBP to coincide the city’s payment for the loan to the IRA payment schedule.

Councilor Lipumano-Garcia asked if the proposed measure was part of the budget from the IRA they approved earlier during the session, if it was written in the appropriation part.

The Presiding Officer declared a recess.

Recess: 6:23 p.m.

Resumed: 6:30 p.m.

It was suggested to Councilor Manalo to include the attachments in the proposed resolution. Councilor Manalo affirmed.

Draft Resolution No. 2009-R-011 was unanimously approved by the body, in its second and final reading, on motion of Councilor Jonathan G. Manalo.

D. Draft Ordinance No. 2009 O-07 – “An Ordinance Creating James L. Gordon Memorial Hospital Advisory Board,” was considered by the body as an urgent matter and was approved unanimously, in its second and final reading, on motion of Councilor Edwin J. Piano.

E. The Presiding Officer reminded the Councilors on their recommendations to the pending Barangay case, for collation.

Adjournment

There being no further matters to be discussed, the session was adjourned at 6:33 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:

CYNTHIA G. CAJUDO

City Vice-Mayor & Presiding Officer