Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON JANUARY 14, 2009 AT THE CITY HALL

Present:

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

Hon. Gina G. Perez - - - - - - - - - - - - - - - - - City Councilor

Hon. John Carlos G. Delos Reyes- - - - - - - - “ “

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. Rodel S. Cerezo- - - - - - - - - - - - - - - - City Councilor

Call to Order

The City Vice-Mayor and Presiding Officer Cynthia G. Cajudo called the session to order at 4:50 in the afternoon.

Roll Call

With eleven (11) Members and the Presiding Officer present, a quorum was declared.

Reading and Adoption of Minutes

On motion of Councilor Gina Perez, the minutes of the regular sessions dated November 19 and 26 and special session dated November 20, 2008 were adopted unanimously by the body, respectively.

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-004 – A Resolution Expressing Appreciation And Gratitude To Mr. Ricardo Roldan Amith For His Donations Of Radio Communication Equipment To Various NGOs Of Olongapo City. Sponsored by Councilor Edwin J. Piano. (Referred to the Committee as a Whole)

2. Draft Ordinance No. 2009 O-03 – An Ordinance Approving The City Government Budget For Calendar Year 2009. Sponsored by Councilor Jonathan G. Manalo. (Referred to the Committee as a Whole and Committee on Appropriations)

Second Reading:

1. Draft Resolution No. 2009 R-001 – A Resolution Approving The Annual Budget Of Barangay New Kababae, City Of Olongapo For The Calendar Year 2009. Sponsored By Councilor Edwin J. Piano

2. Draft Resolution No. 2009 R-002 – A Resolution Reorganizing The Chairmen, Vice-Chairmen And Members Of The 2009-2010 Standing Committees. Sponsored By The Majority Party

3. Draft Resolution No. 2009 R-003 – A Resolution Authorizing The City Mayor To Enter Into A Deed Of Donation With The City Of Geneva, Switzerland Or Any Of Its Instrumentalities For The Donation Of Various Firefighting Equipment And Training Materials. Sponsored By The Majority Party

4. 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

5. Draft Ordinance No. 2009 O-02 – An Ordinance Appropriating The Amount Of Six Hundred Fifty One Thousand Three Hundred Four Pesos (PhP651,304.00) For The Extension Of Services Of Employees Assigned In The Unified Land Information System (ULIS/AUSAID) Project Under The City Planning And Development Office (CPDO) To Be Generated From The Sale Of Government Lots Under The Trust Fund Account. Sponsored By Councilor Gina G. Perez

The body unanimously approved the Day’s Agenda.

Communications and Referrals of Business

Communications Read:

1. Memorandum from the City Mayor James Gordon, Jr. for all City Government Department Heads, All Barangay Chairmen, All National Government Agencies, All Accredited Non-Government, Peoples and Civic Organizations, Atty. Collins Coloma, PAO, Executive Judge Norman Pamintuan, MTCC, Executive Judge Josefina Farrales, RTC, Prosecutor Emilie Fe Delos Santos, City Prosecutors’ Office regarding the submission of 2008 Accomplishment Report. All reports should be forwarded to his Office, copy furnished to the City Planning & Development Office not later than 15 January 2009. (Referred to the Committee on Peace and Order and the Secretariat)

2. Letter from Aurora M. Ramos, CSD Manager, Subicwater, addressed to the Hon. City Mayor James “Bong” Gordon, Jr. about the water bill in the amount of PhP721,726.52 for the December 2008 water consumption of various local government accounts as attached. This excludes water bill arrears outstanding as of December 31, 2008 inclusive of interest amounting to PhP368,911,923.47. (Referred to the Committees on Utilities, on Business and on Finance for study)

3. Resolution No. 33, Series of 2008 of Barangay Kalaklan, Olongapo City entitled: “A Resolution Creating An Emergency Support Fund (ESF) That Shall Benefit The General Welfare Of The Barangay On The Needs Of Urgent Financial Necessities.” (Referred to the Committees on Appropriations and on Social Welfare for review)

4. Comparative Monthly Statement Of Income for the month of December Year 2007 & 2008. There was an increase of PhP108,992.46 as compared to last year, submitted by Damian P. Delos Santos, Jr., OIC, Olongapo City Public Market. (Referred to the Committees on Ways and Means and on Markets)

5. Letter from Marcelino T. Arreola, Executive Regulator, Subic Bay Water Regulatory Board, addressed to Samuel Matias, of Otero Avenue, Mabayuan and Angelito M. Soriano, West Bajac-Bajac, this City in connection with the open letter to Ms. Rexy G. Cruz, Executive Regulator for Olongapo City dated December 19, 2008, expressing their opposition to the Subicwater tariff rate adjustments and inflationary adjustments. According to Mr. Arreola the issues raised in the letter have already been addressed previously during the public hearings and in the letter they sent to them dated Dec. 12, 2008 and their letter to Councilor JC dated Nov. 11, 2008. Further, to the telephone conversation he had with the Board Secretary they would like to clarify that the automatic inflationary adjustments in the Water Supply Rates is provided in the 2nd Amendment to the Franchise Agreement between Subicwater and the SBMA. Given this, the SBWRB, in adopting its recent Resolution (No. 2008-12-117) is merely implementing and following the provisions of the said Agreement. This is according to Mr. Arreola the Executive Regulator of the Subic Bay Water Regulatory Board. (Referred to the Committee on Utilities)

6. Memorandum from Carlito A. Baloy, Punong Barangay/ABC President, addressed to the Hon. City Mayor James J. Gordon, Jr., Honorable Members of the Sangguniang Panlungsod and Mr. Eliseo De Guzman, City Director, DILG, Olongapo City submitting a copy of Barangay Resolution No. 1, Series of 2009 entitled, “A Resolution Approving The Expulsion Of Honorable Sotero S. Dabu From Attending Sangguniang Barangay Sessions Due To His Unauthorized Absences.” (Referred to the Committee on Complaints, Investigation and Laws)

7. Letter from the City Mayor dated 6 Jan. 2009, addressed to the Honorable City Vice Mayor Cynthia G. Cajudo, which pertains to the memorandum from Ms. Marey Beth D. Marzan, City Planning & Development Officer dated 03 November 2008, requesting appropriation in the amount of PhP651,304.00 for the extension of services of employees assigned to ULIS-AUSAID Project for the year 2009 and requesting the Sangguniang Panlungsod to consider an ordinance appropriating the said amount chargeable against the Sale of Government Lots under Trust Fund Account. (Referred to the Committee on Appropriations)

8. Letter from Oscar DG. Agustin, City Assessor addressed to the Honorable Secretary, Department of Finance, Intramuros, Manila forwarding the “Quarterly Report on Real Property Assessments” as of quarter ending December 2008. (Referred to the Committees on Business, on Ways and Means and on Lands)

9. Memorandum from the City Administrator Fernando M. Magrata, addressed to all City Government Employees regarding the First Friday Mass. City Council and Registry will be on 06 March 2009 at the FMA Hall at 12:00 noon. (Referred to Ms. Salmon for coordination)

10. Copy of the letter from Faustino D. Almeda of Graham St., Brgy. East Bajac-Bajac, Olongapo City, addressed to the Hon. Senator Richard J. Gordon requesting for law revising E-VAT. (For information and referred to the Committee on Senior Citizens)

11. Resolution No. 01, Series of 2009 of Barangay West Bajac-Bajac entitled: “A Resolution Expressing Approval And No Objection To The Construction Of 120 ft. Tower Antenna At The 5th Floor Of Admiral Royale Hotel Building Located At No. 17 Anonas St., West Bajac-Bajac, For The Operation Of UHF Television Station Of Subic Broadcasting Corporation.” (Referred to the Committees on Telecommunications and on Environment)

12. Invitation from the Corona Management Center Of The Philippines on their three-day Continuing Enhancement And Development Program On Public Administration And Governance. (For information)

13. Letter from Councilor John Carlos G. Delos Reyes, addressed to Fr. Junvic Diolata, Co-Executive Secretary, Association of Major Religious Superiors of the Philippines, enumerating his 7 point comments on the ‘Environmental Protection Tour’ and the issues surrounding the controversial site of the proposed Ocean 9 Casino. (For information)

14. First Endorsement from the City Mayor, addressed to the Hon. City-Vice Mayor Cynthia G. Cajudo and Members of this body, copy of the Memorandum of Agreement entered into by and between the Department of Labor and Employment – Regional Office III and the City Government of Olongapo for the funding of the City’s Capacity-Building Program for Livelihood Enhancement. (Referred to the Committee on Labor)

15. Letter from Councilor John Carlos G. Delos Reyes addressed to Col. Jose A. Aquino, Jr., which is in reference to the letter he received from the Kapisanang Tabacuhan, Sta. Rita Operators and Drivers Association (KATSADORA). The group had filed their request at his office for the extension of route. Attached is the copy of their letter. The proposed changes in the route will be: start at the Sta. Rita Bridge, they will turn right to Arthur St., straight to West Bajac-Bajac area going to Rizal Avenue, straight to Rotonda and turn left to 18th Street and left to Elicano St. and turn right to 23rd Street going to their terminal. The proposed re-routing will only be from 4:00 A.M. to 9:00 A.M. (Referred to the Committees on Traffic and on Transportation)

16. Letter from City Councilor John Carlos G. Delos Reyes addressed to the Hon. City Mayor James “Bong” Gordon, Jr. concerning the letter of complaint from Mr. Elizalde D. Batinga, who paid PhP8,750.00 to a certain Alliah, assistant to the organizer of the Night Bazaar for the lease of a stall. When the decision to transfer the night market from East Tapinac Oval to SBMA was affected, Mr. Elizalde sought refund for the reason that his down payment was to sell at East Tapinac. Until this day, his down payment has not been returned. (Referred to Councilor Elena C. Dabu)

Committee Reports

Councilor Carlito Baloy reported the outcome of their regular meeting of the Liga ng Barangay. He informed the body that they availed the services of Atty Bundang-Ortiz as their legal consultant, as well as their plan to conduct a Search for the Most Outstanding Barangay Captain, and Outstanding SK and Treasurer. The result of the selection will be decided at the end of the year. This search is on the city level.

Calendar of Business

1. Draft Resolution No. 2009 R-001 – “A Resolution Approving The Annual Budget Of Barangay New Kababae, City Of Olongapo For The Calendar Year 2009.”

The Presiding Officer recognized the presence of Brgy. Treasurer Rowena Rizara, on the request of Councilor Piano, to answer the queries of the Members.

Councilor Piano apprised the body that Brgy. New Kababae was the third among 17 barangays which has submitted the Barangay Budget before the previous year ended. The Councilor added that the barangay officials will soon be informed that a deadline for submission will be set, which is end of March. Inability to submit the barangay budget on the deadline would entail that their budget would be re-enacted.

According to Councilor Piano, Brgy New Kababae has a budget of PhP2,161,793.00 which has an endorsement from the City Budget Officer and basic requirements were complied with.

Councilor Dabu asked Brgy. Treasurer how much from the PhP2 million was allotted for their livelihood seminars. The Treasurer informed the body that they allocated around PhP25,000.00 for the whole year. She cannot, however, state the itemized details of the allocation as well as the quarterly breakdown. Councilor Dabu advised the Treasurer to present an itemized details of their funding the next time they prepare their budget.

To the query of Councilor Gie Baloy on Philhealth enrollment, the Brgy. Treasurer answered that there was no allocation for the Philhealth Membership enrollment of their volunteers and Lupon Members. From the 20% Development Fund, PhP20,000 was allocated for health which will be used for the Nutrition Program of the Barangay. Councilor Gie Baloy suggested to provide Philhealth insurance for their volunteers.

According to the Councilor, Philhealth has a program for the barangay to accommodate volunteers. This can be coordinated at the Philhealth Office.

As Chairman of the Public Works Committee, Councilor Anselmo A. Aquino asked if there was budget allocated for the said Committee. The Barangay Treasurer affirmed and mentioned that it will be for declogging operations. Councilor Aquino suggested that the barangay increase their allocation for declogging, and he requested to be provided a copy of their budget.

Draft Resolution was approved unanimously by the body in its second and final reading, on motion of Councilor Edwin J. Piano.

2. Draft Resolution No. 2009 R-002 – “A Resolution Reorganizing The Chairmen, Vice-Chairmen And Members Of The 2009-2010 Standing Committees.”

Councilor Lipumano-Garcia thanked Councilor Piano for giving her a membership in a committee and expressed her appreciation for considering her.

The proponent informed the body about some modifications in the composition of committee membership. The Committee on Laws, Complaints and Investigation is now given to all Council Members. While the Committee on Human Rights was retained by Councilor delos Reyes as Chairman.

The Committee on Public Markets and Slaughterhouse previously a separate committee is now combined as one with one Chairman. The same is true with the Committee on Transportation and Traffic Management which is now chaired by Councilor Cortez.

Councilor delos Reyes took the opportunity to vent out his opinion regarding the Council and its powers. The Councilor said he believes that the Council holds tremendous power that can be used to benefit the people. He added that each committee handled by each members unravels so many problems of its constituents which, in order to resolve, would entail teamwork, the body gathering as to plenary. He said he believes in the power vested in the committees could help alleviate the concerns of the people.

The draft resolution was approved unanimously by the body, in its second and final reading, on motion of Councilor Edwin J. Piano.

3. Councilor Gina G. Perez speaking in behalf of Councilor Cerezo moved for the approval, Draft Resolution No. 2009 R-003 – “A Resolution Authorizing The City Mayor To Enter Into A Deed Of Donation With The City Of Geneva, Switzerland Or Any Of Its Instrumentalities For The Donation Of Various Firefighting Equipment And Training Materials.”

Providing a background story of the resolution, the proponent informed the body that it is a PhP6 million worth of firefighting equipments to be donated by the Swiss Government from the City of Geneva, Switzerland to the City of Olongapo. This is accompanied with a free training for all personnel from DMO and the Bureau of Fire to be provided by 3-5 Fire Chiefs from Switzerland who are willing to shoulder their expenses for their visit here in the City of Olongapo.

She enumerated the list of firefighting equipments to be received by the city. It consist of hose, pants, jackets, boots, hard hats, gloves, respiratory devices with masks and bottles, steel stretchers, motor pump tractable type II, thermal generator, yellow twinkling lamp, an item for launch high pressure, pump for extraction of water, and many other equipments. According to Councilor Perez, the problem is how to get it from the 20-foot container, because it entails spending in the processing of bringing it in the city. The Councilor said the city should try to find other resources which will help lessen the expenses on the part of the city. The said equipments are all second hand but the donor assured that it will last for another 20 years. The personnel of Bureau of Fire and the DMO were informed about this matter.

Councilor Lipumano-Garcia requested the proponent to provide her a copy of the list of equipments and let her be informed if the equipments were already delivered in the city.

Councilor Perez added that the body has still to approve the Resolution of acceptance. Draft Resolution was approved unanimously by the body in its second and final reading, on motion of Councilor Gina G. Perez.

4. 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.”

The proponent explained that, this will repeal Ordinance No. 66, Series of 2008 which authorized the charging of PhP17,000.00 worth for the training of Councilor Marey Beth D. Marzan and Ms. Daduya Marzan. It was advised to modify the form of the said ordinance into a more appropriate form.

Councilor Anselmo Aquino pointed that the exact ordinance number is Ordinance No. 2008-O-70.

The Presiding Officer declared a recess.

Recess: 5:40 p.m.

Resumed: 5:47 p.m.

Draft Ordinance No. 2009-O-01 was deferred by the body on motion of Councilor Gina G. Perez.

5. Draft Ordinance No. 2009 O-02 – “An Ordinance Appropriating The Amount Of Six Hundred Fifty One Thousand Three Hundred Four Pesos (PhP651,304.00) For The Extension Of Services Of Employees Assigned In The Unified Land Information System (ULIS/AUSAID) Project Under The City Planning And Development Office (CPDO) To Be Generated From The Sale Of Government Lots Under The Trust Fund Account.”

According to Councilor Perez, the City Treasurer issued a Certificate of Availability of Funds.

Councilor Lipumano-Garcia wanted to be given clarification if this is for the 2008 salaries of the employees which were not paid. Councilor Perez replied that it is for the salary of 5 employees for CY 2009 namely: Dolor Milano, Ma. Cristina Ebalo, Jericho Damaso, Bernadette Mansanero and Tess Tamondong.

Draft Ordinance was approved unanimously by the body on its second and final reading, on motion of Councilor Gina G. Perez.

Other Matters

A. Draft Resolution No. 2009 R-004 – “A Resolution Expressing Appreciation And Gratitude To Mr. Ricardo Roldan Amith For His Donations Of Radio Communication Equipment To Various NGOs Of Olongapo City,” was considered by the body as an urgent matter, on motion of Councilor Edwin J. Piano.

Providing the background of the resolution, Councilor Piano said that Mr. Ricardo Amith was a native of Wawandue, Subic, Zambales, and a former base worker who worked as a painter at the Subic Naval Base. He was a waiter at Admiral Kitchenette before he was a base worker. In 1972, he migrated to the US, and was enlisted in the US Navy.

After retirement, he worked as a volunteer examiner of the US Federal Communication Commission. Spending his vacation here in Olongapo to attend the 50th the Alumni Homecoming at St. James High School, Mr. Amith brought with him a some of the communication equipments he donated to some NGOs in the city. This include three (3) mobile Kenwood VHF radio, two (2) Kenwood VHF portable walkie talkie, a rig bluster that make internet linking possible, a Motorola metric VHF repeater, an antenna or a cable for the repeater, power converters and various Hand Radio magazine and manuals.

Councilor Piano, said that Mr. Amith is about to return to the U.S. the coming weekend, so he requested to pass the proposed resolution to express gratitude to the man.

Councilor Lipumano-Garcia asked which NGOs will benefit from the donations. Councilor Piano mentioned one is the Boy Scouts of the Philippines James L. Gordon Council. In the last scouting activity called Jamboree On The Air where the Scouters world- wide communicate using radio, Mr. Amith noticed that the boy scouts just borrowed the handheld radios which they used. Also, Mr. Amith read from the news coming from our area that the Ulo Ng Apo Amateur Radio Club regularly donates and maintains radios of Patrol 117 office, the Fire Department and other agencies of the city, thus, he donated his personal radios to the City of Olongapo. The fair market value of the donated equipments amount to PhP70,000.00 to PhP100,000.00

The Presiding Officer asked how the turn over will be done, if Mr. Amith will first donate it to the city then the city will donate it to the NGOs or if the equipment will be given directly to the NGOs. Councilor Piano replied that the equipments were already turned over to the NGOs soon after his arrival. The Councilor said he has regular communication with the donor because the radio communication facility of the Ulo Ng Apo is capable to transmit anywhere in the world even with the use only of portable radios.

The Presiding Officer suggested to the proponent to request these NGOs to provide the Council an acknowledgment that they have received such donations and make proper endorsement to the Council for a resolution of gratitude.

Councilor Cortez made some observations in the wordings of the “Whereas” at the 6th paragraph, which reads as: “Whereas, the city government of Olongapo is currently honored to accept….” The Councilor said this may confuse people that it was the city which directly received the donations. He suggested that these be reworded.

Councilor Piano explained that the reason why he used the words in the said text because the two recipient organizations, namely the BSP and the DECS-UNA, are accredited organizations in the city that constantly give hands on assistance to many city programs and projects. Councilor Piano, however, willingly acceded. He then reworded the said “whereas” and mentioned that it shall read as: “Whereas, the City Government of Olongapo is greatly honored for the support of Mr. Amith to the organizations, who are also helping the City of Olongapo”

Councilor delos Reyes commented that resolutions or ordinances should be for a public purpose, thus, if the proposed measure is written to express gratitude in behalf of the three (3) NGOs, then the said measure may not be a proper resolution. He suggested to the proponent if he could word it in such a way to satisfy the public purpose, and not in behalf of the three (3) NGOs.

Councilor Piano said that using the opinion expressed by Councilor delos Reyes, the paragraph would read a: “Whereas, the City Government of Olongapo is greatly honored for the support of Mr. Amith to the organizations, who also work closely with Olongapo City.”

The draft resolution was approved unanimously, in its second and final reading, on motion of Councilor Edwin J. Piano.

B. Councilor Dabu reminded Council members about the celebration of the Birth Anniversary of James Gordon, Sr. on January 17, to be held at the Gordon Park at 9:00 a.m. She confirmed the arrival of Sen. Dick Gordon.

Adjournment

There being no further matters to be discussed, the session was adjourned at 6:04 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