Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON FEBRUARY 18, 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. 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:

None.

Call to Order

The City Vice-Mayor and Presiding Officer Cynthia G. Cajudo called the session to order at 4:15 in the afternoon.

Roll Call

With nine (9) Members and the Presiding Officer present, a quorum was declared. However, Councilors Rodel S. Cerezo and Edwin J. Piano arrived during the Reading of the Day’s Agenda and Councilor Aquilino Y. Cortez, Jr. arrived during the Committee Report.

Reading and Adoption of Minutes

On motion of Councilor Gina Perez, the minutes of the regular session dated January 28, 2009 was deferred by the body for the reason that 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-022 – A Resolution Supporting Senate Bill Number 3061 Which Seeks To Amend Republic Act Number 9257 Or The Senior Citizens Act Of 2003 By Exempting Senior Citizens From The Twelve Percent Added Tax On Medicines, Filed By Senator Mar Roxas. Sponsored by Councilor Anselmo A. Aquino. (Referred to the Committees on Health and on Senior Citizens)

2. Draft Resolution No. 2009 R-023 – A Resolution Adopting RA 9485 Otherwise Known As The Anti-Red Tape Act Of 2007 For Full Implementation In The City Of Olongapo. Sponsored by Councilor Gina G. Perez. (Referred to the Committee on Laws, Rules and Privileges)

3. Draft Resolution No. 2009 R-024 – A Resolution Conferring The Title “Adopted Daughter Of Olongapo City” To Hon. Carissa Coscolluela, Representative, Bayan Partylist, For Her Magnanimous Contributions In The City. Sponsored Unanimously. (Referred to the Committee as a Whole)

4. Draft Resolution No. 2009 R-025 – A Resolution Approving The Annual Budget Of Barangay West Bajac-Bajac, City Of Olongapo For The Calendar Year 2009. Sponsored By Councilor Edwin J. Piano.

5. Draft Resolution No. 2009 O-26– An Ordinance Approving The List Of City Infastructure Projects For Cy 2009. Sponsored by Councilors Anselmo A. Aquino, Edwin J. Piano And Rodel S. Cerezo. (Referred to the Committee on Public Works and Engineering)

6. Draft Ordinance No. 2009 O-10 – An Ordinance Creating The Anti-Red Tape Board To Oversee The Implementation Of Republic Act 9485 Otherwise Known As The Anti-Red Tape Act Of 2007 (An Act To Improve Efficiency In The Delivery Of Government Service To The Public By Reducing Bureaucratic Red Tape Preventing Graft And Corruption, And Providing Penalties Therefor). Sponsored by Councilor Gina G. Perez. (Referred to the Committees on Organizational Development and on Personnel Matters)

7. Draft Ordinance No. 2009 O-11 – An Ordinance Temporarily Closing A Portion Of 21st Street, Between Elicaño And Fontaine Streets Infront Of Metro Subic College On February 22, 2009 From 8:00 A.M. To 5:00 P.M. And February 23, 2009 From 7:00 A.M. To 11:00 P.M. For The Community Service And Foundation Day Of The Said Institution. Sponsored by Councilor Aquilino Y. Cortez, Jr. (Referred to the Committee on Traffic)

Second Reading:

1. 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.

2. Draft Resolution No. 2009 R-014 – A Resolution Authorizing The Honorable City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Agreement (MOA) By And Between James L. Gordon Memorial Hospital (JLGMH) And Metro Subic Colleges, Incorporated Represented By Its President Dr. Teresita Ortin-Oliver For The Affiliation Of Its Nursing, Radiologic Technology, Midwifery, Nursing Aide And Caregiver Students. Sponsored by Councilor Angelito W. Baloy

3. Draft Resolution No. 2009 R-015 – A Resolution Approving The Annual Budget Of Barangay New Cabalan, City Of Olongapo For The Calendar Year 2009. Sponsored by Councilor Edwin J. Piano

4. Draft Resolution No. 2009 R-016 – A Resolution Authorizing Mr. Dante Ramos, Esmo – Head To Represent The City Of Olongapo In Filing Criminal And/Or Administrative Cases Against Erring Officials Of The Olongapo City National High School (OCNHS) As Well As Certain Private Individuals In Connection With The Felling Of Various Trees In OCNHS Without The Knowledge Much Less Approval Of The City Government. Sponsored Unanimously

5. Draft Ordinance No. 2009 O-08 – An Ordinance Appropriating The Amount Of Three Million Pesos (PhP3,000,000.00) To The Item Subsidy To National Government Agencies – Bureau Of Fire Protection Under The Office Of The City Mayor To Be Taken From The Unappropriated Balance Of The General Fund. Sponsored by Councilor Jonathan D. Manalo

6. Draft Ordinance No. 2009 O-09 – An Ordinance Declaring The Area Under The Arcade Roof At The Gordon Avenue Side Of The Olongapo City Mall As Leasable Space And Approving Their Corresponding Rates. Sponsored by Councilor Angelito W. Baloy

7. Draft Resolution No. 2009 R-021 – A Resolution Authorizing City Mayor Hon. James Gordon, Jr. To Negotiate And Enter Into A Memorandum Of Agreement With Hon. Carlito Baloy, President, Liga Ng Mga Barangay For The Use Of East Tapinac Oval Track For The Summer Festival Night Bazaar And Carnival. Sponsored by Councilor Edwin J. Piano

Councilor Piano moved to include in the first reading, A Resolution Opposing The Application Of Vanguard Radio Network Company, Inc. For The Issuance Of A Certificate Of Public Convenience To Install, Operate And Maintain A 5 KW UHF TV Station In Olongapo City. (Referred to the Committee on Communications and Committee as a Whole)

Councilor Perez moved for the correction under first reading item no. 2 to change the word “full” to “proper” implementation. Also, to lift from the table the Draft Ordinance Creating the Dental Division under the City Health.

Councilor delos Reyes moved for the correction in the agenda under first reading item no. 3, “A Resolution Conferring The Title “Adopted Daughter Of Olongapo City” To Hon. Carissa Coscolluela, Representative, Bayan Partylist, For Her Magnanimous Contributions In The City,” the word “Bayan” should be read as “Buhay Partylist”

Councilor Perez also moved to change under the first reading item no. 5, the word “Ordinance” it should be “Resolution”

With no other comments, corrections and observations, the body unanimously approved the Day’s Agenda as amended.

Communications and Referrals of Business

Communications Read:

1. Ordinance No. 01, Series of 2009 of Barangay New Kababae, Olongapo City entitled: “An Ordinance Of The Fees For The Collection Of Clearances, Certifications And Permits.” (Referred to the Committee on Ways and Means for review)

2. Resolution No. 6, Series of 2009 of Barangay West Bajac-Bajac, Olongapo City entitled: “A Resolution Designating Selected Barangay Inspectors For The Enforcement Of Laws And City Ordinances In Business Establishments Within The West Bajac-Bajac Area Of Jurisdiction.” (Referred to the Committees on Peace and Order and on Business)

3. Notice of Hearing from Grace V. Manuel, Officer-In-Charge, Commission Secretariat, National Telecommunications Commission regarding the application of Vanguard Radio Network Company Inc., a domestic corporation duly recognized and existing under Philippine laws and a grantee of a congressional franchise by virtue of R.A. No. 8069, requesting in the above-entitled case for the issuance of a Certificate of Public Convenience to install, operate and maintain a 5 KW UHF TV Station in Olongapo City. This application will be heard by the Commission on February 23, 2009 at 9:30 A.M. at its offices, National Telecommunications Commission, BIR Road, East Triangle, Diliman, Quezon City at which hearing applicant shall present its evidence. (Referred to the Committee on Communications)

4. Resolution No. 1, Series of 2009 of Barangay New Cabalan, Olongapo City entitled, “A Resolution Authorizing The Barangay Treasurer To Withdraw The Amount Of PhP13,000.00 RPT Share From The City Treasurer’s Office From The 10% Share Of Sangguniang Kabataan To Deposit At Land Bank.” (Referred to Sanggunian Kabataan Federation Officer and Committee on Appropriations for review)

5. Resolution No. 2, Series of 2009 of Barangay New Cabalan, entitled: “A Resolution Authorizing To Withdraw The Amount Of PhP45,000.00 From The 10% Share Of The Sangguniang Kabataan To Purchase A Computer Set And Other SK Office Equipments.” (Referred to the Committee on Appropriations and the SK Chairman)

6. Copy of the Petition For Injunction With Prayer For Issuance of Writ Of Temporary Restraining Order And Preliminary Injunction And Damages on the Benjamin O. Miranda, et. al, Plaintiffs versus Subic Bay Metropolitan Authority, Subic Bay Water Regulatory Board and Subicwater And Sewerage Co. Inc., Defendants on the Civil Case No. 18-0-2009 with attachments, submitted by Atty. Noel Y. Atienza, Counsel for the Plaintiff. (Referred to the Committees on Laws and on Utilities)

7. Resolutions of Barangay Old Cabalan, all Series of 2009:

a. Resolution No. 003, entitled: “A Resolution Amending The Internal Rules Of Barangay Sanggunian Of Old Cabalan Under Rule IV Section 10 The Day And Time Of Regular Session.” (Referred to the Committee on House Rules for review)

b. Resolution No. 004 entitled: “A Resolution Approving The Withdrawal Of PhP97,520.00 For The Purchase Of Additional Eight (8) Units Of Two Way Handy Radios To Be Used By Barangay Officials.” (Referred to the Committee on Peace and Order)

c. Resolution No. 005, entitled: “A Resolution Approving The Withdrawal Of PhP87,500.00 From Public Works Development Fund (1st Quarter CY 2009) For The Purchase Of Construction Materials And Labor Cost For The Continuing Infrastructure Projects At Barangay Old Cabalan.” (Referred to the Committee on Public Works and Engineering)

8. Letter from Councilor Anselmo A. Aquino, Chairman, Committee on Public Works & Engineering for Engr. Roberto E. Alvarez, City Engineer requesting a list of program of works as soon as possible numbers 1, 2, 3, 6, 7, 8, 9, 18 and 20 of the city priority projects for CY 2009 for study of study of the Committee and City Council for the inclusion in the first reading of the agenda for the approval of the resolution. (For information and guidance)

9. Letter from Councilor Lugie Lipumano-Garcia addressed to Councilor Elena C. Dabu, Chairman, City Fiesta Committee 2008, requesting for a comprehensive report detailing the income and expenses incurred and that it be presented to the City Council. (Referred to Councilor Ellen C. Dabu)

10. Letter from Tommy Louis Newman, Jr., Field Inspector, Engineering (City Government) addressed to the Hon. City Vice Mayor Cynthia G. Cajudo and the Members of the Sangguniang Panlungsod seeking help regarding their problem with Subic Water and Sewerage Company, Inc., Subic Feeport Zone. (Referred to the Committee on Utilities)

11. Letter from Marey Beth D. Marzan, Officer-In-Charge, City Budget Office, ULIS Project Team Leader, addressed to Hon. City Vice Mayor Cynthia G. Cajudo and Members of the Sangguniang Panlungsod informing that the walk-through for the Treasury Operating System, RPTS and BPLS will be re-scheduled to February 18, 2009 at 9:00 A.M. instead of February 17, 2009 due to the scheduled power interruption. (Done this morning and attended by some City Councilors and the Vice-Mayor)

12. Invitation letter from Kim Han Sin, Chairman, and President, RK Hotel, addressed to the Hon. City Vice Mayor Cynthia G. Cajudo informing that RK Subic, Inc. will now be opening its RK Hotel, hotel touted to be the best and grandest Korean-owned hotel in Subic. He is inviting her to their Grand Opening on February 16, 2009, at 6:00 in the evening at the Subic Bay Gateway Park, Rizal Highway, Subic Bay Freeport Zone. She will be one of their guests of honor in the Ribbon-cutting Ceremony.

13. Annual Budget of Brgy. West Bajac-Bajac for the Calendar Year 2009. (Referred to the Committees on Ways and Means and on Appropriations)

14. Memorandum from Councilor Gina Gulanes Perez addressed to All City Councilors, Sangguniang Panlungsod to Integrate City History, Legend & Values to the Curriculum of all Schools in the City. Attached is the draft ordinance which proposes to integrate all important historical data and ideals of the City and its constituency to the curriculum of all educational institutions in the area. (Referred to the Committee on Education)

15. Letter from Norman V. Pamintuan, Executive Judge, Municipal Trial Court In Cities, Third Judicial Region, Olongapo City, addressed to the City Mayor James “Bong” Gordon, Jr., et. al., informing that the Philippine Judicial Academy (PHILJA) Philippine Mediation Center (PMC) will conduct further interview of additional applicants for mediators for Iba, Zambales and Olongapo City on February 19, 2009 from 8:00 A.M. to 5:00 P.M. at the Office of the Clerk of Court, Regional Trial Court, Justice Hall Bldg., Olongapo City. He is requesting assistance to disseminate and inform those who were not able to come during the previous scheduled date of interview to appear on the aforestated place and time if still interested. All qualified applicants will have an orientation and training seminar on February 24 to 27, 2009 at the Grand Leisure Hotel, SBMA, Olongapo City. (For information and guidance and referred to the Committee on Laws)

16. Letter from Filipina E. Tablan, Punong Barangay, Brgy. East Bajac-Bajac, Olongapo City, addressed to the Hon. Edison C. Cano, Brgy. Kagawad, East Bajac-Bajac, Olongapo City acknowledging his resignation on his Committee of Tourism. (Referred to the Committee on Brgy. Affairs)

17. Memorandum from Ferdie M. Magrata, City Administrator, City of Olongapo, addressed to All Department Heads and Chief of Offices regarding the Anti-Fixer Campaign. This has reference to the Memorandum Circular No. 17 of the Civil Service Commission in connection with the implementation of and compliance with Republic Act No. 9485, “An Act To Improve Efficiency in the Delivery of Government Service to the Public by Reducing Bureaucratic Red Tape, Preventing Graft and Corruption and Providing Penalties Therefor. (Referred to the Committee on Rules and Privileges)

18. Memorandum from Councilor Angelito W. Baloy, Committee Chairman, Business & Economic Enterprises and Health & Public Welfare, addressed to the Hon. City Vice- Mayor Cynthia G. Cajudo regarding his Committee Report – 023, which will be reported on the committee reports. (Referred to the Committee on Health)

19. Letter from Marcelino D. Andawi, City Treasurer, addressed to The Editor, The Philippine Daily Inquirer, Chino Roces Ave., Corner Yague and Mascardo Sts., Makati City clarifying the article published today in the Philippine Daily Inquirer entitled “Gov’t. Assails ‘Highway Robbery’ by LGUs”, which states that several LGUs are collecting tax on delivery trucks beyond the cap of PhP500.00 for an entire year. Moreover, the article states that the law grants this taxation power specifically to provincial capitols, not town or city halls. (Referred to the Committees on Laws, on Business and on Ways and Means)

20. From Shekinah Glory Trading, addressed to the Vice Mayor Cynthia Cajudo stating that they have endured the effect of the worldwide economic crunch as early as last year resulting in their failure to pay the business taxes due to the City of Olongapo from the 2nd quarter to the 4th quarter of Fiscal Year 2008: business tax amounting to PhP64,600.17; surcharge PhP16,150.05; interest PhP11,305.03; total amount PhP92,055.25. They would like to settle the total amount due of PhP92,055.25 but with the weak financial position of their company at present it would be very difficult to raise this amount. Therefore, they would appreciate it very much if they can avail of any amnesty program on the payment of this business tax. If no amnesty program is available they would like to request for paying arrangement, of 6 months term for tax liabilities. With this paying arrangement, they will also request that the city government waive the surcharge of PhP16,150.05 and the interest due of PhP11,305.03. The principal amount of PhP64,600.17 will be paid in equal installments within six months. They are praying that the usual kind understanding and consideration be given to them. Signed Mario T. Dormido. (Referred to the Committees on Business, Ways and Means)

21. Letter from Vic Vizcocho, Jr., OIC/Acting Station Manager of Subic Broadcasting Corporation addressed to the Vice Mayor and Honorable Members of the Sangguniang Panlungsod this city, stating that the current economic crunch hitting the country and the rest of the world has not spared Olongapo City. As it is, given the limited number of clients and potential advertisers vis a vis the already existing broadcast companies in the area, business has not been ideal for broadcast stations in Olongapo, including their company Subic Broadcasting Corporation (SBC). They regret to manifest, that through this letter Subic Broadcasting Corporation is constrained to oppose the petition of Vanguard Radio Network Company, Inc. to install, operate and maintain a UHF-Television Station in Olongapo as it would not be to the best interest of the city and its people, considering that an additional broadcast station may spell the demise of the industry in Olongapo City. (Referred to the Committees on Ways and Means and on Communications)

Committee Reports

Under the Committee on Health and Public Welfare, Councilor Gie Baloy rendered his committee report about the holding of a forum on the statistics of nutrition in the city. Problems on iodine deficiency and the re-establishment of the nutritional benefits and entrepreneurial potential of iodized salt were discussed: The forum was also attended by Barangay Kagawads who chair the Health and Livelihood committees, Health Workers, representatives from food related establishments and supermarkets. The City Nutrition Action Officer, Market Administrator, City Agriculturist, City Livelihood Officer and representatives from various NGOs were present and joined by the Samahang Kababaihan ng Mabayuan. The Chairman further explained that the lack of use of iodine affects the person’s health leading to physical disorders such as mental retardation, goiter, coordination abnormalities, deaf-mutism, spastic diplegia, dwarfism and risks of miscarriages and infant deaths. These can all be prevented by diet rich in iodine where iodized salt is one of the most economical sources which combats the deficiency on both children and adults. The LGUs have been taking the initiative over the years to encourage everyone to make iodine as part of a person’s daily food intake and publicize its accessibility. According to the Councilor, it also offers entrepreneurial opportunities to local manufacturers and the sale of iodized salt.

The Councilor presented before the body a sample of the product which costs PhP6.00 for a ¼ kilo in the groceries and sells to as low as PhP2.00 for half a kilo from PhP24.00 for one kilo on retail markets.

Councilor Dabu, as Chair of the Committee on Livelihood rendered her committee report concerning the holding of a massage therapy and reflexology at Brgy. Barretto Livelihood and Training Center. Headed by Brgy. Captain Carlito Baloy, livelihood chairman, Ms. Albarda, Ms. Rexy Argonza, TESDA District Manager 1, and Mr. Zeus Beltran, Trainor for massage therapy, the sessions was attended by 25 participants who graduated in this seminar last February 13. Another massage therapy seminar will follow at Brgy. Asinan. Responding to a letter sent to her by Councilor Lugie Lipumano dated February 16, Councilor Dabu read her letter-reply stating that despite the agreement between the Olongapo Fiesta Committee and SBMA about holding of events inside the FSC, the Fiesta Committee has no direct hands on involvement whatsoever in the operation of a night bazaar at the FSC grounds. Since the City Treasure’s Office was the department assigned by the city government to oversee the operation of events, she stated that she will refer the matter to that office.

The Councilor also took the opportunity to extend the invitation for the commemoration of the Death Anniversary of the late James L. Gordon, Sr., on February 20 at 8:00 o’clock at the Convention Center. She reminded everyone that they should observe the proper dress code for the occasion which is Barong Tagalog for males and Filipiniana for females.

As Chairman of the Committee on Information Technology and Telecommunication, Councilor Piano reported that a “walk-through” was conducted by the Council Members, composed of Councilors Cerezo, Gie Baloy, Elmo Aquino, Ellen Dabu, together with Vice-Mayor Cajudo and himself. The group visited four of the offices of the city government which were the recipients for the computerization project funded by the Unified Land Information System Project (ULIS) worth PhP24.7 million. They visited the MIS Office where Engr. Noel Yap showed the group the server and other IT equipments that were purchased for the said project. Afterwards, they proceeded to the Treasury Department and showed unto them how the system were being operated. They expressed their satisfaction to the effectiveness of the system on the operation of the Department. The group then proceeded to the Business Permit Office. Mr. Neil Perez demonstrated the efficiency it brought to the One Stop Shop operation since its implementation in the three areas visited by the group. It was estimated that the whole project has reached 90% completion in the Business Permit except with that of the Assessor’s Office which has gone only as far as 50-55% completion. They were informed that the contractor Geodata Solutions, had already been paid 90% of the cost of the project. They received information that in the province of Pampanga the said contractor had already been paid PhP49 million. The province is now filing legal action against the contractor for not being able to deliver the project completely. These caused some concerns on the part of the Council Members, that the same problem might happen with regard to their project with the Assessor’s Office. Councilor Piano is making this report on record as it is their duty to check if the projects being implemented were properly followed. Councilor Piano also expressed his concerns with the project of Geodata for the City Council, the legislative information system which was already awarded a year ago but up to this point not a single step has been made to start the project. He doubted about the capability of the contractor if it can deliver the project for the Sanggunian.

The Chair advised the Councilor to furnish a copy of the report to the Mayor’s Office for information and guidance.

As Chair on the Committee on Tourism, Councilor Perez reported before the body that she joined the inspection made by the City Planning Office headed by Engr. Joanne Agaton, together with the Canadian Technical Consultant, Mr. Stanley Taylor. They were assisted by the officials of Brgy. East Bajac-Bajac. The group visited the site of a waterfall at Sibul and climbed the mountainous barangay to find out where the source of water is coming from. They traced the flow of the water downstream to find out if it is the cause of floodings in the low-lying areas of the barangay.

As Committee Chair, she is studying the possibility of turning the area into an eco-tourism site. According to the Councilor, she has submitted a proposal to the City Mayor and presented the idea of an eco-tourism site in the barangay. She explained that the first thing to do is to consult the neighborhood that will be affected if they are in favor to convert the area into an eco-tourism site. She said, it will take a lot of effort on the part of the city government, through the ESMO, Engineering Office, CPDO, Task Force Tourism and Barangay Officials to inform the residents in the area about the proposal. One of the concerns that was observed during their rounds in the area, is the presence of plastics that litter around and wrappers of shampoos and detergents used by residents and leaves falling from trees. It was also observed, that there are two sources of water that the residents are using, one is the potable water and the other source is used for washing of laundry and others. In spite of the water connections already installed by Subic water, residents still rely on the other sources of water. She also informed the body that in one of the water tests conducted by the City Health, it was found out that the water being used is positive of bacterial count. The residents resort to boiling their water.

In aid of legislation, she requested the Committees on Health and Environment for their help in the drafting of a resolution or ordinance legislating the preservation and protection of the said area, considering its potential of becoming an eco-tourism site. Brgy. Captain Tablan said there is an allotment of PhP50,000 for its improvement. Additional funds are needed to make it a suitable site for eco-tourism.

The Chair advised the Councilor to consider first the social factor affecting the residents before any projects are undertaken. She also extended her invitation on February 21 at New Cabalan Brgy. Hall for the Medical-Dental Services.

Calendar of Business

1. 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. A second public hearing is still to be conducted.

2. Councilor Edwin J. Piano moved for the approval of the Draft Resolution No. 2009 R-015 – “A Resolution Approving The Annual Budget Of Barangay New Cabalan, City Of Olongapo For The Calendar Year 2009.”

He attested that all requirements had been complied with including the indorsement of the Budget Officer. Brgy. Treasurer, Perla Jacinto was called to answer queries from council members.

Councilor Dabu wanted to know from the Brgy. Treasurer how much has been allocated to their livelihood program. She was informed that PhP50,000 was allocated. The Councilor observed the amount has been reduced. She recalled that the last time, they approved the budget was more than PhP60,000. Mr. Minimo (Purok Leader) clarified it was only PhP30,000 last year. They were asked to further check their records.

Councilor delos Reyes for his part, mentioned about the letter he came across, written by a certain Lloyd, regarding the problem on the SK funds not being released. He wanted to know from the treasurer about the status of that information. Treasurer Jacinto clarified that the matter has already been settled with the SK Chairman during a confrontation held last week. She explained that it’s a matter of lack of communication due to his frequent absences during sessions.

Corroborated by the SK Federation President Cheenee Hoya, she named the SK Chairman of New Cabalan as Mc Arnold Concepcion whom they have filed a case against him for negligence of duty for not attending council sessions.

With no further questions, Draft Resolution No. 2009 R-05 was unanimously approved on its second and final reading, on motion of Councilor Piano.

3. Draft Resolution No. 2009 R-014 – “A Resolution Authorizing The Honorable City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Agreement (MOA) By And Between James L. Gordon Memorial Hospital (JLGMH) And Metro Subic Colleges, Incorporated Represented By Its President Dr. Teresita Ortin-Oliver For The Affiliation Of Its Nursing, Radiologic Technology, Midwifery, Nursing Aide And Caregiver Students,” was approved unanimously on its second and final reading, on motion of Councilor Angelito W. Baloy.

4. Draft Resolution No. 2009 R-016 – “A Resolution Authorizing Mr. Dante Ramos, ESMO – Head To Represent The City Of Olongapo In Filing Criminal And/Or Administrative Cases Against Erring Officials Of The Olongapo City National High School (OCNHS) As Well As Certain Private Individuals In Connection With The Felling Of Various Trees In OCNHS Without The Knowledge Much Less Approval Of The City Government.”

Councilors Lugie Lipumano-Garcia and delos Reyes declined to be the co-sponsors of the resolution which prompted the Presiding Officer to declare by majority sponsorship.

As a rejoinder, Councilor Cortez explained a criminal complaint has already been filed by CENRO against the officials of OCNHS. The Council is just authorizing Mr. Ramos to file administrative charges if ever it is applicable in the case of the felling of trees.

In reaction to the motion, Councilor delos Reyes once again stated his position. According to him, when the council authorizes someone to act in behalf of the city, it has to be the City Mayor. He considers it not regular to authorize Dante Ramos to file a case. In addition, a case has already been filed against Madame Aggabao by CENRO. He said, there is no need for a resolution to file another charges against her. Comparing the case he filed with the Ombudsman against some officials, he said, it appears there is a selective justice here.

The Councilor narrated his story regarding an incident he encountered, where the powerline of his business, Water Plus was disconnected by two people from PUD in spite of paid bills. One was identified as a certain Del Rosario. He said he’s not taking this personally, probably, it was because of the case he filed against their boss. He vowed he will investigate the matter and he is rising on a personal and collective privilege as a member of the City Council. According to the Councilor, if this can happen to him being a Councilor, much more, it can happen to ordinary citizens, anchoring on his campaign by line, “Justice.”

Councilor Lipumano-Garcia for her part, said she is not in favor of what the principal has done but, she deserved to be treated fairly since a case has already been filed by DENR.

In response to the comments made by Councilor delos Reyes and Councilor Lipumano-Garcia, Councilor Cortez clarified that, being the Chairman on Committee on Environment, he is duty bound to look into this matter, the cutting of trees. A council resolution will ensure that this case will be pursued in case CENRO will not be able to file a case, then, the Head of ESMO will be the one to act on it. The proponent, however, is willing to accede to the opinion of Councilor delos Reyes that, only the City Mayor should be authorized. He moved for the deferment of its approval until everything has been exhausted.

Councilor delos Reyes made it clear that, under the law, it is the City Legal who will argue the case in behalf of the city, but the City Council will authorize the Mayor to represent the city. If it is a criminal case filed by CENRO then, they could file a rejoinder if the City Council joins. If it is an administrative case, it can be filed either at the Ombudsman or DECS. He suggested to defer the passing of this resolution, though he pointed out that this resolution will show that the City Council is making a stand against corruption and good governance. He said if a similar resolution should be passed even retro, against those officials he filed a case with, he is willing to sponsor the resolutions.

After a thorough discussion, the motion to defer was approved.

5. Draft Ordinance No. 2009 O-08 – “An Ordinance Appropriating The Amount Of Three Million Pesos (PhP3,000,000.00) To The Item Subsidy To National Government Agencies – Bureau Of Fire Protection Under The Office Of The City Mayor To Be Taken From The Unappropriated Balance Of The General Fund.”

Reading the letter from the Fire Chief Inspector, Jonas Silvano, City Fire Marshal, dated January 15, 2009 requesting for the immediate repair of six fire trucks, Councilor Manalo enumerated the present status of these fire trucks:

Fire Engine 2 – unserviceable

• For change engine

• Engine overhauling

• Body repair, rewiring and repainting

Fire Engine 3 – unserviceable

• For change engine

• Engine overhauling

• Change alternator

• Change voltage regulator

• Body repair

• Rewiring and repainting

Fire Engine 1 – unserviceable

• For change engine

• Engine overhauling

• Calibrate, injection pump

• Rewiring, body repair and repainting

Fire Engine 4 – semi-serviceable

• For change engine

• Engine overhauling

• Rewiring, body repair and repainting

Fire Engine 8

• Change cowl head

• Engine overhauling

• Rewiring, body repair and repainting

Fire Engine 10

• For body repair

• For repainting

The proponent said, approving this ordinance will subsidize the needs of BFP in the rehabilitation of fire trucks to be used in responding to emergencies. With the Certificate of Availability of Funds, he moved for the approval of the measure.

Draft Ordinance No. 2009-O08 was unanimously approved on its second and final reading.

6. Draft Ordinance No. 2009 O-09 – “An Ordinance Declaring The Area Under The Arcade Roof At The Gordon Avenue Side Of The Olongapo City Mall As Leasable Space And Approving Their Corresponding Rates.”

Councilor Gie Baloy said that he received the letter of intent as well the recommendation of the Finance Committee for the rates of the areas under the arcade roof of the City Mall and the endorsement of the City Mayor. With these documents on hand, he moved for its approval.

Councilor delos Reyes observed that a public hearing is required because there is a reclassification. Councilor Lipumano-Garcia also recommended the same.

Since a public hearing has not been conducted yet, Councilor Gie Baloy moved for its deferment which the body approved.

7. Draft Resolution No. 2009 R-021 – “A Resolution Authorizing City Mayor Hon. James Gordon, Jr. To Negotiate And Enter Into A Memorandum Of Agreement With Hon. Carlito Baloy, President, Liga Ng Mga Barangay For The Use Of East Tapinac Oval Track For The Summer Festival Night Bazaar And Carnival,” was tabled by the body, on motion of Councilor Edwin J. Piano since the Liga ng mga Barangay retracted their resolution addressed to the Sangguniang Panlungsod requesting the use of East Tapinac Oval Track. Instead, submitted a new resolution requesting the use of FSC grounds.

Other Matters

A. Draft Resolution No. 2009 R-022 – “A Resolution Supporting Senate Bill No. 3061 Which Seeks To Amend Republic Act No. 9257 Or The Senior Citizens Act Of 2003 By Exempting Senior Citizens From The Twelve Percent Added Tax On Medicines, Filed By Senator Mar Roxas,” was considered by the body as an urgent matter, and was approved by the body unanimously, in its second and final reading, on motion of Councilor Anselmo A. Aquino.

B. “A Resolution Opposing The Application Of Vanguard Radio Network Company, Inc. For The Issuance Of A Certificate Of Public Convenience To Install, Operate And Maintain A 5 KW UHF TV Station In Olongapo City,” was considered by the body as an urgent matter, on motion of Councilor Edwin J. Piano.

The proponent explained the urgency for reason that the hearing for this particular application is already scheduled on Monday at the NTC. He said, he will personally represent the city and he needs the formal position of the City Council. He further informed the body that after consulting with the local media outlets, like radio stations and cable TV stations like channel 2 and during the discussion in a caucus, it was decided to oppose the application for economic reason. However, this is only temporary and when economic condition returns to normal, their application can be re-considered.

For her part, Councilor Lipumano-Garcia said that since we have only the letter from Subic Broadcasting Corporation and this is urgent, she has no time to ask the owner of DWHL and other radio companies. She still has to ask also the importance of Vanguard Network. According to her, she needs to study further the matter.

Councilor delos Reyes advised those who have interest on the issue to abstain from voting. He stipulated that the Gordon family owns Subic Broadcasting Corporation and he is part of the family. Under our rules, he has the right to abstain and if Councilor Perez is employed there she should abstain, he added.

Draft Resolution was approved by a majority vote , with 1 opposed and 2 abstained

Councilor Lipumano-Garcia – opposed.

Councilors delos Reyes and Perez – abstained.

C. Draft Ordinance No. 2009 O-11 – “An Ordinance Temporarily Closing A Portion Of 21st Street, Between Elicaño And Fontaine Streets Infront Of Metro Subic College On February 22, 2009 From 8:00 A.M. To 5:00 P.M. And February 23, 2009 From 7:00 A.M. To 11:00 P.M. For The Community Service And Foundation Day Of The Said Institution,” was considered by the body as an urgent matter and was unanimously approved by the body, in its second and final reading, on motion of Councilor Aquilino Y. Cortez, Jr.

Adjournment

There being no further matters to be discussed, the session was adjourned at 5:44 in the afternoon, 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