Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON MARCH 25, 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 4:45 in the afternoon.

Roll Call

With eleven (11) members and the Presiding Officer present, a quorum was declared. However, Councilor Gina G. Perez arrived during the Reading of Communications.

Reading and Adoption of Minutes

On motion of Councilor Rodel S. Cerezo minutes of the regular session dated February 25, 2009 was adopted unanimously by the body.

Reading and Approval of the Day’s Agenda

Before the approval of the day’s agenda, Councilor Rodel S. Cerezo read the items on 1st and 2nd reading, to wit:

First Reading:

1. Draft Resolution No. 2009 R-035 – A Resolution Approving The Annual Budget Of Barangay Sta. Rita, City Of Olongapo For The Calendar Year 2009. Sponsored by Councilor Edwin J. Piano. (Referred to the Committee on Appropriations)

2. Draft Resolution No. 2009 R-036 – A Resolution Approving The Annual Budget Of Barangay Mabayuan, City Of Olongapo For The Calendar Year 2009. Sponsored by Councilor Edwin J. Piano. (Referred to the Committee on Appropriations)

3. Draft Resolution No. 2009 R-037 – A Resolution Approving The Annual Budget Of Barangay East Bajac-Bajac, City Of Olongapo For The Calendar Year 2009. Sponsored by Councilor Edwin J. Piano. (Referred to the Committee on Appropriations)

4. Draft Resolution No. 2009 R-038 – A Resolution Accrediting The Subic Bay Public Works Center Employees Association Incorporation, A People’s Organization For Membership Purposes In Local Special Bodies In Olongapo City Pursuant To The Provisions Of Republic Act No. 7160 Otherwise Known As The Local Government Code Of 1991. Sponsored by Councilor Edwin J. Piano. (Referred to the Committee on Accreditation)

5. Draft Ordinance No. 2009 O-21 – An Ordinance Creating A Trust Fund For The Continuous Operation And Maintenance Of All Programs And Activities Under The Unified Land Information System. Sponsored by Councilor Edwin J. Piano. (Referred to the Committees on Appropriations and on Ways and Means)

Second Reading:

1. Draft Ordinance No. 2009 O-17 – An Ordinance Appropriating The Amount Of Eighty Six Thousand Eight Hundred Forty One Pesos And Eleven Centavos (PhP86,841.11) To The Item Repair And Maintenance – Office Equipment Under Maintenance And Other Operating Expenses Of The Different Departments To Be Taken From The Unappropriated Balance Of The General Fund. Sponsored by Councilor Jonathan G. Manalo

2. Draft Ordinance No. 2009 O-18 – An Ordinance Naming The East Bajac-Bajac Waterfalls As “Falls In Love”. Sponsored by Councilor Gina G. Perez

3. Draft Resolution No. 2009 R-033 – A Resolution Approving The Annual Budget Of Barangay New Kalalake, City Of Olongapo For The Calendar Year 2009. Sponsored by Councilor Edwin J. Piano

4. Draft Ordinance No. 2009 O-19 – An Ordinance Appropriating The Amount Of Three Million Pesos (PhP3,000,000.00) For The Preventive/Preparation Activity Against Disaster – Natural And Manmade From The Unappropriated Balance Of The General Fund. Sponsored by Councilor Jonathan G. Manalo

5. Draft Ordinance No. 2009 O-20 – An Ordinance Amending Section 2 Of Ordinance No. 16 Series Of 2006 Re: Composition Of The Olongapo City Vendors Management Team. Sponsored by Councilor Edwin J. Piano

6. Draft Resolution No. 2009 R-034 – A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Understanding With The City Government Of Olongapo, Hausland Development Inc., Fiesta Communities Inc. And Pag-Ibig Fund For The Bonggapo Home: Handog Pabahay Program For City Government Employees At Fiesta Communities Olongapo At New Cabalan. Sponsored by Councilor Aquilino Y. Cortez, Jr.

Councilor Cortez moved to include in the first reading, “A Resolution Authorizing The Honorable City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Agreement (MOA) For The Swapping Of Land Between Calvary Chapel Of Olongapo, Inc. And The City Government Of Olongapo.” (Referred to the Committees on Lands and on Ways and Means)

Councilor Aquino moved for the correction in the 1st reading item no. 4, Draft Resolution No. 2009-R-038 to remove the words “incorporation.”

Councilor Cortez manifested to lift from the table, Draft Ordinance No. 2008 O-39 – “An Ordinance Withdrawing 20th (Rizal Avenue To Canda Street); 21st Street (Rizal Avenue To Canda Street); And Barretto (20th Street To 21st Street) Streets From Public Use.” (Referred to the Committees on Lands and on Laws)

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

Communications and Referrals of Business

Communications Read:

1. Annual budget of Barangays Mabayuan, Sta. Rita and East Bajac-Bajac for the Calendar Year 2009. (Referred to the Committees on Ways and Means, and on Appropriations)

2. Barangay Kalaklan Resolutions of this City, all Series of 2009 entitled:

(a) Resolution No. 001, “A Resolution Creating A Sport Discipline Thru Martial Arts For The Youth Of Barangay Kalaklan.” (Referred to the Committee on Sports)

(b) Resolution No. 003, “A Resolution Allowing/Permitting The Usage Of Constructed Alley Behind Kalaklan Barangay Hall Be It Opened For Public Use And To Be Known As Public Right Of Way.” (Referred to the Committee on Lands)

(c) Resolution No. 004, “A Resolution To Appropriate Funds For The Purchase Of Xerox Machine For The Use Of The Different Offices In The Barangay Of Kalaklan Olongapo City Which Will Be Withdrawn From The Capital Outlay, Office Equipment Appropriation.” (Referred to the Committee on Appropriations)

(d) Resolution No. 005, “A Resolution To Appropriate Funds For The Purchase Of Uniforms And Rain Gears For BPSO Personnel Of Barangay Kalaklan Olongapo City Which Will Be Debited On The Twenty Percent (20%) Maintenance Of Peace And Public Order Appropriation Of Barangay Kalaklan.” (Referred to the Committees on Appropriations and on Peace and Order)

3. Barangay Resolutions of Old Cabalan, this City, Series of 2009 entitled:

(a) Resolution No. 008, “A Resolution Authorizing Kagawad Mario A. Medina To Negotiate With the Organisasyon Ng Kababaihan Ng San Antonio, Inc. (OKSAI), Represented By Dr. Estela Deloso-Antipolo, For And In Behalf Of Barangay Old Cabalan Regarding The Implementation Of The Damayan Program In The Barangay.” (Referred to the Committee on Laws)

(b) Resolution No. 009, “A Resolution Authorizing The Withdrawal Of PhP10,000.00 only For The Payment Of Training Materials And Other Expenses Needed For the BPSO Training Program.” (Referred to the Committees on Peace and Order and on Appropriations)

(c) Resolution No. 010, “A Resolution Approving The Withdrawal Of PhP10,000.00 For Snacks, Meals, Materials And Other Expenses Needed For 2 Days Livelihood Training On March 19-20, 2009 At Barangay Old Cabalan, Covered Court, Olongapo City.” (Referred to the Committees on Livelihood and on Appropriations)

(d) Resolution No. 011, “A Resolution Approving The Withdrawal Of PhP175,000.00 From the Public Works Development Fund (2nd and 3rd 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)

4. Letter from the City Mayor, addressed to the Hon. City Vice Mayor Cynthia G. Cajudo and Members of the City Council regarding the request to consider an ordinance amending Ordinance No. 7, Series of 2009 entitled: “An Ordinance Appropriating The Amount Of 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”. (Referred to the Committees on Appropriations and on Peace and Order)

5. Memorandum from City Councilor Gina Gulanes Perez for the Hon. City Mayor James Gordon, Jr. regarding the endorsement letter of Ms. Julie Catherine D. Paran, Director of Local Development Office, Center for Governance, Development Academy of the Philippines with regard to the proposed Training-Workshop on the Formulation of a Citizen’s Charter designed for the City Government of Olongapo. The two-day training-workshop will provide the participants the basic knowledge and skills necessary for its formulation. (Noted)

6. Barangay Resolutions of Brgy. Kalaklan, Olongapo City:

(a) Resolution No. 007, Series of 2008, “A Resolution Authorizing Barangay Chairman Ricardo N. Federico And Barangay Treasurer Priscila P. Orca To Withdraw The amount Of PhP25,410.00 only From The 5% Calamity Fund Of Brgy. Kalaklan For The Purchase Of Fire Extinguisher Equipments In Preparation Of The Fire Prevention Month For Rescue Operation And Pre Disaster Needs And Anticipated Calamities In Barangay Kalaklan.” (Referred to the Committees on Peace and Order and on Appropriations)

(b) Resolution No. 008, Series of 2008, entitled: “A Resolution To Recognize The Samahang Kababaihan Ng Purok I, Barangay Kalaklan, Its Duly Organized Officers And Members In Rendering Social, Spiritual And Moral Uplift Services For The Residents Of Purok I, Upper Kalaklan, Olongapo City.” (For information)

(c) Resolution No. 009, Series of 2009, “A Resolution Approving The Immediate Repair Of The Barangay Hall; Barangay Hall Fence; Training Center Housing The Office Of The Lupong Tagapamayapa, Water Installation For The Health Center Therefore Appropriating Funds For Its Purpose And Authorizing The Immediate Withdrawal Of The Same From The 20% Repair And Maintenance Annual Budget Of Barangay Kalaklan.” (Referred to the Committee on Public Works and Engineering)

(d) Resolution No. 034, Series of 2008 held last Dec. 29, 2008, entitled: “A Resolution For The Welfare Single Parent Of Barangay Kalaklan.” (Referred to the Committee on Social Welfare)

7. Order issued by Clodualdo M. Monta, Acting Presiding Judge, Regional Trial Court, Third Judicial Region, Branch 74, on Civil Case No. 18-0-2009 Benjamin O. Miranda, et. al., Plaintiffs versus Subic Bay Metropolitan Authority, et. al., defendants. The order states, a verified petition for injunction with prayer for issuance of Writ Of Temporary Restraining Order And Preliminary Injunction And Damages having been filed by the plaintiffs let the corresponding summons be issued. The hearing on the prayer for the issuance of a writ of preliminary mandatory injunction is set on April 15, 2009 at 8:30 o’clock in the morning. (Referred to the Committees on Laws and on Utilities)

8. Memorandum from Angie Socorro S. Barroga, OIC, City Personnel Office, addressed to All City Government Officials and Employees regarding the Seminar On Anti-Sexual Harassment scheduled this morning at the Olongapo City Convention Center, Room No. 3. And the Honorable City Prosecutor, Emilie M. delos Santos of the Department of Justice will facilitate the said seminar from 9:00 A.M. to 12:00 N.N.

Those who attended from the City Council were: Susan Fababier, Tess Gegenheimer, Imee, Esther, Annabelle, Robine Rose, Tess Datijan, Edith, Isagani Prado and Elflida S. Salmon. (For notation)

9. Letter from Oscar Cabanayan, CESO IV, Regional Director, Department of Environment and Natural Resources, Environmental Management Bureau, addressed to Atty. Angelito R. Orozco, City Legal Council, Olongapo City Hall, Olongapo City which refers to the Environmental Management Program (EMP) of Subic Water & Sewerage Co., Inc. for the Mabayuan Water Treatment Plant, located at Otero Avenue, Mabayuan, Olongapo City. They are informing that the test results submitted by SWSCI taken from the effluent of backwashing activities at their Mabayuan Water Treatment Plant conformed with the Effluent Standard cited in DENR-DAO No. 35 “Effluent Standard”. (Referred to the Committee on Environment and on Utilities)

10. First Endorsement from Marey Beth D. Marzan, City Budget Officer, addressed to the Hon. City Mayor James “Bong” Gordon Jr. the request for a Resolution Authorizing The Swapping Of Land Between Calvary Chapel Of Olongapo, Inc. and The City Government Of Olongapo And Authorizing The City Mayor To Enter Into A Memorandum Of Agreement For The Said Purpose. (Referred to the Committee on Lands, Environment and Zoning)

11. Copy of PUD Notice of Power Interruption from March 27, 2009, 9:00 A.M. to 1:00 p.m., on Friday. Affected areas are metering 2 feeder 22KL4, whole of Kababae, New Banicain, West Tapinac, portion of Kalaklan from CBMU National Hi-way to Nagbakulaw National Hi-way, along Magsaysay Drive from Unity Rotonda to main gate, along 6th St., New Asinan, along Foster St., between 7 and 9th St., along 7th Street. The cause of interruption is PUD.

The reasons are replacement of deteriorated primary pole at R. Magsaysay Drive East Tapinac infront of PAGCOR (2) re-sagging of primary lines along Foster St., New Kababae (3) extension of primary lines to relocate 100KVA transformer to load center at Foster St., near 5th St., New Kababae (4) load balancing of Feeder 22KL4 and (5) PMS of Feeder 22KL4. Power will be restored anytime without notice upon completion of works. This was approved by Gen. Manager Engr. Luisito M. Lopez. (For information and guidance)

12. First Endorsement from the Hon. City Mayor addressed to the Hon. City Vice Mayor and Members of the Sangguniang Panlungsod the copy of the City Budget Officer Marey Beth D. Marzan’s request for a resolution authorizing the swapping of land between Calvary Chapel of Olongapo, Inc. and the City Government Of Olongapo and authorizing the City Mayor to enter into a Memorandum of Agreement for the said purpose. (Referred to the Committee on Lands, Environment and Zoning)

13. Letter from the Hon. City Mayor, addressed to the Hon. Vice Mayor and Presiding Officer and Members of this body to consider an ordinance reverting the amount of PhP300,000.00 from the item Water Expenses under Maintenance & Other Operating Expenses to the item I.T. Equipment under Capital Outlay of Gordon College. (Referred to the Committees on Education and on Appropriations)

14. Memorandum from the Committee on Public Works and Engineering for Hon. Filipina E. Tablan, Brgy. Capt. of East Bajac-Bajac regarding a resolution requesting for Program of Work to paint 155 electric post in East Bajac-Bajac for beauty and safety. The body approved the said resolution. (Referred to the Committee on Utilities)

15. Memorandum from the Committee on Public Works and Engineering for Hon. Ricardo N. Federico, Brgy. Captain of Kalaklan regarding a resolution allowing/ permitting the usage of constructed alley behind Kalaklan Brgy. Hall be it open for public use and to be known as public right of way, the same committee approved the resolution. (For information and guidance)

16. For Hon. Filipina E. Tablan of Brgy. of East Bajac-Bajac from the Committee on Public Works and Engineering regarding a resolution requesting for program of work for Basketball Court at Upper Sibul and pathway of Little Baguio II. (For information and guidance)

17. Annual budget of Pag-Asa for the calendar year 2009. (Referred to the Committees Ways and Means and on Appropriations)

18. Committee report of Hon. Angelito W. Baloy, Chair Committee on Business and Economic Enterprise and Health and Public Welfare, which he will be reporting on the committee report portion for today. (For information and guidance)

19. Memorandum from the City Mayor to all Government Employees/DepEd/BPF and PNP employees regarding the Bonggapo Homes orientation for all interested buyers/applicants was done yesterday, March 24, 2009, 4:30 P.M. at the Rizal Triangle Multi-Purpose Center and several interested City Council employees were there. (For information and guidance)

Committee Reports

Councilor Baloy, referring on the communications endorsed to the Committee on Business and Economic Enterprises shared some concerns on the following matters for information and action:

(1) First, the letter from Ducos Minerals Quarry Operation requesting for a resolution approving the proposed small-scale quarry operation within their private property in Sitio Mampueng, Old Cabalan. He said that as protocol, the committee contacted the proprietor and confirmed if the City Mayor and CPDO were furnished copies of the proposal since prior to legislation, an indorsement should come from the Office of the City Mayor.

(2) Barangay New Cabalan’s request to hold a mini-fair within their jurisdiction. It was told that the Committee replied to the barangay already and informed them that it is not possible to grant their request since they had a prior request for the same undertaking last February 12, 2009 in coordination with Iram Tribal Council. A Council Resolution dated March 9, 2009 attests to the fact. According to Section 21 of Ordinance 49, Series of 2005, the establishment and holding of mini-fairs and carnivals can only be held once a year for each barangay. The Committee then suggested that the barangay captain meet with the Iram Tribal Council and schedule the duration of mini-fairs for each proposed venue since the same ordinance gives a barangay a maximum of forty-five (45) days to hold a mini-fair.

As Chair of the Committee on Markets and Slaughterhouse, Councilor Ellen Dabu rendered her report concerning the letter she had made to Mr. Honorio Gomez regarding the number of stalls at the James L. Gordon Market and Mall.

In response to the letter sent by Councilor Dabu, Mr. Norie Gomez provided the schedule of collections and number of stalls at the James L. Gordon Market and Mall. The letter presents the number of occupied and vacant stalls located at the said market, and the projected monthly income for these stalls.

There are currently 64 stalls in the dry goods section, 2 of which are vacant, with a daily rate of PhP25.00 daily or PhP750.00 monthly, thus providing a projected monthly income of PhP48,000.00. Meanwhile, in the PX and dry goods section, there’s a total of 58 stalls, 2 of which are vacant, and a monthly income of PhP43,500.00. On the other hand, there are 25 stalls, all currently occupied, at the native products section, with a monthly target of PhP18,750.00.In the sari-sari section, there is a total of 37 stalls, all are currently occupied. In addition, there are 16 stalls in the rice section, 14 stalls in the glassware section, 22 stalls in the footware section, and 19 in the carinderia section, respectively, all of which are occupied.

To summarize, there is a total of 255 stalls in the dry goods section of the James L. Gordon Market and Mall, with a projected monthly income totaling to PhP186,500.00.

With regard to the distribution of stalls in the wet goods section of the market, there are 16 stalls in the fish section of the said market, 3 of which are vacant, that provides a projected monthly income of PhP4,800.00. In relation, there are 36 stalls, all occupied, in the fish stalls that were converted into carinderia, at PhP10.00 daily or PhP300.00 monthly, therefore generating PhP10,800.00 per month. In conjunction, there are currently 39 stalls in the meat section, 13 are vacant, at PhP 10.00 a day or PhP300.00 per month, providing an additional PhP11,700.00 monthly. Similarly, in the fowl section, there are 22 stalls, of which 6 are vacant, providing the government with an income of PhP6,600.00. In the eggs and dried section, 12 stalls are available, 3 are currently unoccupied, with a monthly income of PhP3,600.00. Lastly, in the fruits and vegetables section, there are 26 stalls, of which 7 are vacant, with a projected monthly income of PhP7,800.00.

All in all, there are 151 stalls available in the wet goods division of the James L. Gordon Market and Mall, 32 of which are currently vacant, with an income of PhP45,300.00. In addition to the information stated above, the letter of Mr. Norie Gomez also cited that there are 7 additional stalls located at the 2nd floor of the James L. Gordon Market and Mall. All in all, there are 413 stalls, 39 of which are vacant, providing the city with a projected monthly collection target of PhP346,830.89.

Councilor Dabu added that if we are going to compare the monthly collection as of January, 2009, amounting to PhP411,000.00, to last year’s collection for the month of January, amounting to PhP391,330.00, the figures show that there is an increase in the collection. In the same manner, if we are going to compare this year’s report for February, amounting to PhP348,045.00, with last year’s figure for the month of February, at PhP294,380.00, it clearly shows that there is a noticeable increase in the collections from February, 2008 to February, 2009.

Councilor Ellen Dabu said that she will furnish a copy of the committee report to the Presiding Officer.

Councilor Gina Perez mentioned about the consultation meeting that transpired between the residents and barangay officials of Barangay East Bajac-Bajac and some of her colleagues regarding the proposed city ordinance on naming the East Bajac-Bajac waterfalls as “Falls in Love”.

According to Councilor Perez, a total of fifty-eight (58) guests, consisting of barangay officials, residents, tourism staff, and the reigning Bb.Olongapo, graced the said event. The event had many different highlights. Majority of the attendees approved the proposal to name the East Bajac-Bajac Falls as “Falls in Love”. They also agreed of the plans to convert areas near the falls into an eco-tourism site, provided that all existing houses or properties should not be removed or relocated. The residents are also asking the assistance of the City Planning Office (CPO) to help them survey the area near the falls. Councilor Perez suggested that the main water source be given top priority. She also brought up the complaints of some residents regarding the uncollected garbage, which should be carried out by ESMO. She also mentioned the request of the residents to transfer the collection of garbage fees from the Olongapo City government, and be collected instead by their own barangay officials. The collections will be used for any future developments or improvements of the East Bajac-Bajac Falls. In addition, Councilor Perez also raised the ongoing concerns of the residents regarding their water supply. The residents living in nearby areas pointed out that most of the houses located near the falls do not have access to safe, clean, and potable water 24 hours a day. They opt to use water from the reservoir instead for their household consumption. The residents fear that soap suds coming from the upper portion of the falls will mix up with the water in the reservoir and make it unsafe for human consumption. They also added that during heavy rains, the uncollected garbage also poses as a threat to the cleanliness of the falls. Seepage coming from the garbage will mix up with the water, thus polluting the main water source.

Councilor Perez added that another meeting with the residents, slated Tuesday, 31st of March, 2009, has already been scheduled. She is requesting that the Chairs of the Committees on Health, on Environment, and on Engineering join the meeting.

She also said that copies of the report should be furnished to the Mayor’s Office, ESMO, CPDO, and Engineering departments for further action.

Councilor JC Delos Reyes made a belated point of order regarding the Committee on Laws, which has been abolished, as per Resolution No. 03, 2009.

He mentioned that a certain communication concerning quarrying was referred to him. Councilor Delos Reyes commented that the same matter should conform to our quarrying ordinance.

Councilor Delos Reyes also reported regarding the mismanagement of Police Clearance receipt issuance on grounds that only the police clearances priced at PhP75.00 each are issued official receipts and not clearances priced at PhP100.00. He mentioned that this is against fiscal management, basic fiscal management, and basic accounting procedures. He suggested that the Presiding Officer refer this issue to the Chair of the Committee on Peace and Order, if not, he will write an official letter stating the problem.

Councilor Hoya gave her report regarding the complaints filed against SK City Federation Secretary Mac Arnold Concepcion, SK Chairman of New Cabalan, by SK City Vice-President Kevin Das. The complaints against SK City Federation Secretary Mac Arnold Concepcion were brought about by the latter’s absenteeism and gross negligence of duties. Councilor Hoya added that another complaint was filed against Mr. Concepcion by his 7 SK Councilors for failure to call sessions and meetings in the barangay, gross negligence and dereliction of duties, based on Article 15 of the 2001 Katipunan ng Kabataan and Sangguniang Kabataan Constitution and By-Laws. For the first complaint, Mr. Concepcion was given one month preventive suspension due to absences he incurred from February 05, 2009 to March 06, 2009. On March 08, 2009, after investigations held by the SK Federation, Mr. Concepcion was reprimanded and was given four months suspension. Princess Regine Concepcion assumed the position as SK Chairman of Barangay New Cabalan, valid from March 18, 2009 to June 15, 2009, while Mr. Concepcion’s temporary legal incapacity subsists.

In another committee report, Councilor Hoya added that the SK Federation of the City of Olongapo, together with the City Population Office (CPO), in coordination and supervision of the City Health Office (CHO), headed by Dr. Arnildo C. Tamayo, and Mayor James “Bong” Gordon Jr., will be conducting “Operation Tuli 2009”. The schedule of the free circumcision per barangay are as follows:

Barangay Asinan – April 14, 2009

Barangay Banicain – April 16, 2009

Barangay Barretto – April 17, 2009

Barangay East Bajac-Bajac – April 20, 2009

Barangay East Tapinac – April 21, 2009

Barangay Gordon Heights – April 27, 2009

Barangay Kababae – April 28, 2009

Barangay Kalaklan – April 29, 2009

Barangay Kalalake – April 30, 2009

Barangay Mabayuan – May 04, 2009

Barangay New Cabalan – May 05, 2009

Barangay New Ilalim – May 06, 2009

Barangay Old Cabalan – May 07, 2009

Barangay Pag-asa – May 08, 2009

Barangay Sta. Rita – May 11, 2009

Barangay West Bajac-Bajac – May 12, 2009

Barangay West Tapinac – May 13, 2009

Only children aged 10 years old and above can avail of the free circumcision operation. An estimated one thousand (1,000) children are expected to benefit from the said operation.

The Presiding Officer asked Councilor Hoya to furnish her a copy of the reports regarding the complaints filed against SK Federation Secretary Mac Arnold Concepcion.

As Chair of the Committee on Sports, Councilor Cerezo cited the successful participation of the City of Olongapo in the Annual Central Luzon Regional Athletic Association (CLRAA) Meet, held last March 16, 2009 to March 20, 2009. The said athletic meet was hosted by the City of Tarlac. Olongapo City ranked 3rd out of seventeen delegates that joined the event. Olongapo also ranked number one among all cities that had participated. Councilor Cerezo pointed out that this so far was the city’s best performance in the history of CLRAA. He also added that the First Philippine National Police Basketball League, which aims to foster camaraderie and friendship among our police, residents, and barangay officials, already began.

In conjunction, he also mentioned that the First Mayor Gordon Billiard Tournament will be held on March 28, 2009 to March 29, 2009. All City Councilors are invited to attend the opening ceremonies on March 28, 2009 at Jordan’s Billiard Hall. The said sports event will be participated by billiard players from the Province of Zambales . The winner will be representing the Province of Zambales in the upcoming World Pool Billiards Tournament, slated on April 21 to April 23, 2009, at the Olongapo City Convention Center. The World Pool Billiards Tournament will be joined by thirty-two seasoned billiard players from all over the world.

Since there were no more committee reports, the Presiding Officer added that their PCL host, Mayor Edward Hagedorn of Puerto Princesa City, Palawan, is coming in Olongapo City on March 26, 2009, 6 in the evening at the Formosa Hall, SBDMC Building, Subic Bay Freeport Zone, with the Full Gospel Businessmen Fellowship.

Calendar of Business

1. Draft Ordinance No. 2009 O-17 – “An Ordinance Appropriating The Amount Of Eighty Six Thousand Eight Hundred Forty One Pesos And Eleven Centavos (PhP86,841.11) To The Item Repair And Maintenance – Office Equipment Under Maintenance And Other Operating Expenses Of The Different Departments To Be Taken From The Unappropriated Balance Of The General Fund.”

Councilor Manalo mentioned that he has the “Certificate of Availability of Funds from City Treasurer Andawi.

Councilor delos Reyes asked to be given clarification on the breakdown, if the amount to be appropriated would all be for air-conditioning maintenance.

Councilor Lipumano-Garcia requested the proponent to attach the specific breakdown of request of the department concerned.

Councilor delos Reyes suggested to defer the item until everything is fixed.

The Presiding Officer declared a recess upon the request of Councilor Rodel S. Cerezo.

Recess: 5:46 p.m.

Resumed: 5:50 p.m.

Draft Ordinance No. 2009-O-17 was unanimously approved by the body in its second and final reading, on motion of Councilor Jonathan G. Manalo.

2. Draft Ordinance No. 2009 O-18 – “An Ordinance Naming The East Bajac-Bajac Waterfalls As “Falls In Love”, was deferred by the body on motion of Councilor Gina G. Perez. Another schedule for consultation will be set.

3. Draft Resolution No. 2009 R-033 – “A Resolution Approving The Annual Budget Of Barangay New Kalalake, City Of Olongapo For The Calendar Year 2009,” was approved by the body unanimously, in its second and final reading, on motion of Councilor Edwin J. Piano.

The Presiding Officer recognized the presence of Brgy. Kalalake’s Treasurer, Ryan dela Cruz, and Brgy. Kgd. Edgardo Abaigar upon the request of Councilor Piano.

No observations on the proposed measure came from the City Councilors. Brgy. Kgd. Abaigar informed the body that he mentioned to Councilor Aquino about the asphalting of 16th Street, Jones and 18th Kessing Streets.

4. Draft Ordinance No. 2009 O-19 – “An Ordinance Appropriating The Amount Of Three Million Pesos (PhP3,000,000.00) For The Preventive/Preparation Activity Against Disaster – Natural And Manmade From The Unappropriated Balance Of The General Fund.”

The Presiding Officer asked the proponent what parts were being amended. Councilor Manalo answered that only the Ordinance title and Section 1 were to be amended. He added that the DBM requires only an amendment as per the Budget Officer.

A recess was declared by the Presiding Officer upon the request of Councilor Rodel S. Cerezo.

Recess: 5:56 p.m.

Resumed: 6:00 p.m.

Councilor Manalo manifested to amend othe title of the Ordinance approved on February 18, 2009. It shall read as “An Ordinance Amending Ordinance No. 7, Series of 2009.” The Councilor stated that on Section 1, the title: “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,” shall be amended to read as: “An Ordinance Appropriating The Amount Three Million Pesos (PhP3,000.000.00) For The Preventive/Preparation Activity Against Disaster – Natural And Man-Made From The Unappropriated Balance Of The General Fund.”

Councilor Manalo also manifested that Section 2 of the proposal will amend Section 1 of Ordinance No. 7. The statement: “The Amount of PhP3 Million To Be Taken From The Unappropriated Balance Of The General Fund Is Hereby Appropriated To The Item Subsidy To The National Government Agencies Bureau Of Fire Protection Under The Office Of The City Mayor,” shall be stated in a more specific manner such that the breakdown of the PhP3 Million will be included. It shall then state that PhP695,840.00 which is the 5% Calamity Fund, shall augment the deficiency in the annual budget, and the PhP2,304,160.00 is the subsidy to the national government agencies- Bureau of Fire Protection under Maintenance and Other Operating Expenses of the Office of the City Mayor. These will total to PhP3 Million.

Draft Ordinance No. 2009-O-19 entitled: “An Ordinance Amending Ordinance No. 7, Series of 2009, as amended was approved by the body unanimously, in its second and final reading, on motion of Councilor Jonathan G. Manalo.

5. Draft Ordinance No. 2009 O-20 – “An Ordinance Amending Section 2 Of Ordinance No. 16, Series Of 2006 Re: Composition Of The Olongapo City Vendors Management Team.”

In behalf of his co-sponsor Councilor delos Reyes, Councilor Piano provided a background of the proposed ordinance amending Section 2 of Ordinance No. 16, Series of 2006, as regards to the composition of the Olongapo City Vendors Management Team.

The Councilor said that in April 2006, the VMAT Ordinance authored by City Councilor delos Reyes was approved by the City Council. From the time it was implemented there were two changes made. First, it was changed to Task Force Virgo, and later on was returned to the original idea which is VMAT, with minor amendments. He is now the City Mayor or his duty authorized representative as the Chairman and the Vice Chairman is the City Vice Mayor.

Councilor delos Reyes asked his co-sponsor why Task Force Virgo was abolished.

The Presiding Officer declared a recess on the request of Councilor Edwin J. Piano.

Recess: 6:08 p.m.

Resumed: 6:10 p.m.

As regards to the format of the ordinance, the Presiding Officer mentioned that the Council Secretary observed that there was no section 1 in the said proposal.

Councilor Piano explained that supposedly section 1 would state that Section 2 was to be amended but decided to go directly to Section 2. Councilor Piano was amenable to put section 1. The Presiding Officer stated for the record that Section 1 will be added.

Draft Ordinance No. 2009-O-20 was approved by the body unanimously, in its second and final reading, on motion of Councilor Edwin J. Piano.

6. Draft Resolution No. 2009 R-034 – “A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Understanding With The City Government Of Olongapo, Hausland Development Inc., Fiesta Communities Inc. And Pag-Ibig Fund For The Bonggapo Home: Handog Pabahay Program For City Government Employees At Fiesta Communities Olongapo At New Cabalan,” was deferred by the body on motion of Councilor Aquilino Y. Cortez, Jr. to give time for the Council to study the salient points and provisions of the pros and cons, and possibilities to be included in the proposed MOU.

Other Matters

A. Councilor Gie Baloy manifested an amendment of Resolution No. 34, Series of 2009 approved on the 11th Regular Session.

For the sake of consistency, and since DepEd Order No. 8, Series of 2007 specifically directs the guideline towards public elementary and secondary schools, the Councilor moved to strike out the word “private” from the title of the approved resolution and amend it to: “A Resolution Strongly Urging All School Canteens In Public Elementary And Secondary Schools In Olongapo City To Adhere To The Department Of Education Order No. 08, Series Of 2007 Also Known As The Revised Implementing Guidelines On The Operation And Management Of School Canteens In Public Elementary And Secondary Schools.” He added that private schools shall be provided with copy of the said resolution.

No objections were heard from the body.

B. Councilor Cortez informed the body about the letter addressed to the Members of the Council regarding the Minutes of the Committee Hearing concerning the tree-cutting case at the Olongapo City National High School. He also mentioned the Letter Request to all the Council Members for them to signify their approval in providing copy of the entire Minutes to Ms. Aggabao as per her request. He added that foremost there is a need for the body to approve the said Minutes.

The Councilor opined that the said Minutes may be needed by Ms. Aggabao for her defense to the case filed against her by the CENRO. He clarified that is the Verbatim Minutes.

Councilor delos Reyes suggested that proper or official closure in the Minutes of the issue must be done because the Minutes cannot stand alone.

Councilor Cortez acknowledged the suggestion and said that since all Members were in attendance when the hearing was conducted, the Minutes must be approved by the body so the Committee on Environment can have its conclusion on the issue. The official closure upon the approval of the Minutes must be done if the body would agree to provide its copy to Ms. Aggabao, so it can be used for legal purposes.

Councilor delos Reyes pointed out that proceedings concerning the said particular public or committee hearing is separate and independent and distinct from whatever case that will be filed concerning Ms. Aggabao. He emphasized that it was for or was in aid of legislation and not in any aid of prosecution. The Councilor said that the body should simply recommend and put it on file for future or present legislative needs.

Councilor Cortez asked Councilor delos Reyes if Ms. Aggabao can use as reference the said Minutes for her defense. Councilor delos Reyes replied that it is Ms. Aggabao’s right as an accused to defend self and be entitled to legal processes called compulsory processes.

The Presiding Officer asked the Chair of House Rules, Councilor Cerezo, if they will decide on the Minute’s approval. The Councilor affirmed.

Councilor Cortez put the matter on the floor.

For the record, Councilor delos Reyes stated that what should be provided to Ms. Aggabao would be the committee report of the hearing or meeting conducted by the Council Committee on Environment for which it is the said committee which shall approve the Minutes of their meeting, unless the plenary adopts the committee report.

Councilor Cortez said that Ms. Aggabao would just be informed of the body’s decision.

C. Draft Resolution No. 2009 R-035 – “A Resolution Approving The Annual Budget Of Barangay Sta. Rita, City Of Olongapo For The Calendar Year 2009,” was considered by the body as an urgent matter, on motion of Councilor Edwin J. Piano.

Councilor Piano explained that the reason for urgency was because the barangay budget submitted on January 2009 was only released from the Budget Office the previous week due to some corrections.

The Presiding Officer recognized the presence of Brgy. Capt. Jerome Bacay, Brgy Kgd. Rosita Piano, Brgy. Kgd. Gibbs Guevarra and Brgy. Treasurer Romy Bugarin on the request of Councilor Piano.

Councilor Dabu commended and congratulated Brgy. Capt. Bacay and the barangay officials for being supportive not only in the livelihood programs but in the entire concerns of the committee.

Councilor Piano, likewise, extended his congratulations to the Barangay Captain.

Brgy. Capt. Bacay thanked the body.

Draft Resolution No. 2009-R-35 was approved by the body unanimously, in its second and final reading, on motion of Councilor Edwin J. Piano.

D. Draft Resolution No. 2009 R-036 – “A Resolution Approving The Annual Budget Of Barangay Mabayuan, City Of Olongapo For The Calendar Year 2009,” was considered by the body as an urgent matter, on motion of Councilor Edwin J. Piano.

The Presiding Officer recognized the presence of Brgy. Kgd. Efren Rodolfo Federico of Brgy. Mabayuan and their Brgy. Treasurer Bernadette Nuylan.

Councilor Dabu expressed her appeal to Brgy. Capt. Danugrao and to the Brgy. Treasurer to finalize already their City Fiesta ticket concerns because theirs is the only one pending for the raffle draw.

Brgy. Kgd. Federico thanked Councilors Lipumano and Cerezo for the computer given to Brgy. Mabayuan. He also informed that the graduation of the 2nd batch of CLC is on Friday.

Councilor delos Reyes inquired if the barangay’s former Brgy. Administrator. Mr. Jun Grande still has collectibles from the barangay since he claimed to have not been paid his salary.

Brgy. Treasurer Nuylan said that she saw the letter of Mr. Grande on the table of the Brgy. Capt. and she asked him about the Leave Monetization from the Year 1994 to 2007 being claimed by Mr. Grande. According to Treasurer Nuylan, their Brgy. Captain said that the monetization covered in the previous administration’s term was already claimed by Mr. Grande so they wondered why the claim period covered was such.

Councilor delos Reyes thanked the treasurer for the information provided.

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

E. Draft Resolution No. 2009 R-037 – “A Resolution Approving The Annual Budget Of Barangay East Bajac-Bajac, City Of Olongapo For The Calendar Year 2009,” was considered by the body as an urgent matter, on motion of Councilor Edwin J. Piano.

The Presiding Officer recognized the presence of Brgy. Kgd. Romeo Guerrero of Brgy. East Bajac-Bajac and Brgy. Treasurer Rhodora Piega.

Brgy. Kgd. Guerrero thanked the body.

Draft Resolution No. 2009 R-37 was approved unanimously in its second and final reading, on motion of Councilor Edwin J. Piano.

Adjournment

There being no further matters to be discussed, the session was adjourned at 6:30 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