Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON MARCH 4, 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 5:00 in the afternoon.

Roll Call

With eleven (11) members and the Presiding Officer present, a quorum was declared. However, SK Federation President, Hon. Cheenee F. Hoya arrived after the roll call.

Reading and Adoption of Minutes

On motion of Councilor Gina Perez, the minutes of the regular session dated February 11, 2009 was adopted unanimously.

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-031 – 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 Subic Bay Colleges, Incorporated (SBCI) Represented By Its President, Fernando F. Julian, Sr. For The Affiliation Of Its Nursing Assistant, Caregiver And Health Care Services Students In Fulfillment Of Their Course Requirements. Sponsored by Councilor Angelito W. Baloy. (Referred to the Committees on Health and Education)

2. Draft Ordinance No. 2009 O-15 – An Ordinance Providing A Fee For The Intensive Seminar For Drivers For The Requirement On The Fourth Violation On The Traffic Citation Ticket To Be Conducted By The Office Of The Olongapo Traffic Management And Public Safety. Sponsored By Councilor Aquilino Y. Cortez, Jr. (Referred to the Committee on Traffic and Transportation)

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-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 by The Majority Party

3. 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

4. Draft Resolution No. 2009 R-027 – A Resolution Opposing The Commissioning Of The Moth-Balled Bataan Nuclear Power Plant. Sponsored by Councilor John Carlos Delos Reyes

5. Draft Resolution No. 2009 R-028 – A Resolution Approving The Work And Financial Plan For Calendar Year 2009 Of The Olongapo City Disaster Coordinating Council. Sponsored by Councilor Rodel S. Cerezo

6. Draft Resolution No. 2009 R-030 – A Resolution Endorsing The Interconnection Of Telecommunications Facilities Of Subic-Clark-Tarlac Growth Corridor. Sponsored by Councilor Edwin J. Piano

7. Draft Ordinance No. 2009 O-13 – An Ordinance Reverting The Amount Of One Hundred Thousand Pesos (PhP100.000.00) From The Item Capital Outlay- Other Machineries And Equipment To The Item Personal Services – Vacation And Sick Leave Benefits Of The Olongapo City Public Market. Sponsored by Councilor Jonathan G. Manalo

8. Draft Ordinance No. 2009 O-14 – An Ordinance Authorizing The Charging Of The Previous Year’s Obligations In The Amount Of Nine Million One Hundred Eighty Three Thousand Five Hundred Sixty Four Pesos And Sixty Eight Centavos (PhP9,183,564.68) Of The Different Departments To The 2009 Unappropriated Balance Of The General Fund. Sponsored by Councilor Jonathan G. Manalo

The body unanimously approved the Day’s Agenda.

Communications and Referrals of Business

Communications Read:

1. Letter from Oscar C. Cabanayan, CESO VI, Regional Director, Department of Environment & Natural Resources, Environmental Management Bureau, addressed to Atty. Angelito R. Orosco, City Legal Counsel, Olongapo City Hall, referring to the letter he received last 05 February 2009, requesting for an update of the subsequent action of his office against Subic Water and Sewerage Co., Inc. (SWSCI) in relation to the pollution complaint of the constituents of Brgy. Mabayuan, Olongapo City. He is informing that on 17 September 2009 a Notice of Violation was issued to SUBIC Water And Sewerage Co. Inc. (SWSCI) for non compliance with the Environmental Compliance Certificate condition No. 4 under ECC Ref. Code No. 03ZA-0703-04-036-120A. The proponent is willing to secure the necessary permits, pay the corresponding fees, fine and to construct adequate waste water treatment facilities to treat the water …the waste water generated from the back washing activities before discharging to the nearby Sta. Rita river. In the absence of the waste water treatment facilities, the proponent is required to employ the services of the accredited laboratory to collect and analyze water samples from the waste water discharges and result of which shall be submitted to their office quarterly for evaluation. (Referred to the Committees on Utilities, on Environment and Legal)

2. Memorandum from Angie Socorro S. Barroga, OIC, City Personnel Office, addressed to All City Officials/Employees regarding the Schedule of Annual Physical Examination. The birthday celebrants for the City Council are: De Vera, Rogelio 7 March; Aquino, Donald 20 March; Barrrera, Anselmo 20 March; Acayan, Marcial 24 March; Magalong, Virgina 27 March; Legaspi, Gina Maria 29 March; and Councilor Edwin Piano, 31 March. Official results shall be forwarded to the Office of the City Health for recommendation and attachment to employee 201 file, Personnel Office.

3. Memorandum from Engr. Marivic J. Nierras, Officer-In-Charge, CPDO, addressed to All Department Heads And Chief Of Offices regarding calendar of activities for the second quarter of this year.

4. Memorandum from Councilor Anselmo A. Aquino, Chairman, Public Works and Engineering, addressed to Marey Beth Marzan, Department Head, City Planning and Engr. Roberto Alvarez, Department Head, Engineering Office seeking assistance for the ocular inspection, study of the area and proposed action on the program of works and material estimate on the pathways of No. 54 Upper Kalaklan, Purok 4, 137 Lower Kalaklan, Olongapo City as per letter of Kgd. Bernard C. Banlor, Committee Chair on Public Works. (Referred to the Committee on Public Works and Engineering)

5. Memorandum from Angie Socorro S. Barroga, OIC, City Personnel Office for All City Government Officials/Employees thru Fernando M. Magrata, City Administrator regarding the Provision for Magnetic-type I.D. The City Government will implement a new I.D. system for all its officials and employees, regardless of appointment. These include appointed, permanent, casual, temporary, consultants, on contract of service or on job order. City Council is scheduled on March 26, 2009.

6. Letter from Hanna Rengiena delos Reyes, Manager, Ingeneroz Gaming Café, addressed to Hon. City Mayor James “Bong” Gordon, Jr. and City Council, Olongapo City requesting for consideration of their electricity billing. (Referred to the Committees on Business, on Education and on Utilities)

7. Letter from Dolores SD. Alforte, Executive Director, ECPAT Philippines, addressed to the Hon. Edwin J. Piano, City Councilor, Olongapo City inviting him to attend the holding of sub-national conference of Internet Café owners dubbed “Making Cyberspace Safe for Children,” on Tuesday, 10 March 2009, 8:30 A.M. to 4:30 P.M., Bayview Park Hotel, Manila Philippines. (For information)

8. Memorandum from Hon. Angelito W. Baloy, City Councilor, Committee Chairman, Business & Economic Enterprises and Health & Public Welfare, addressed to the Hon. City Vice Mayor Cynthia G. Cajudo regarding his Committee Report – No. 024, which he will be reporting later on committee reports. (For information)

9. Memorandum from Hon. Elena C. Dabu, City Councilor, Co-Chair, Olongapo City Local Price Coordinating Council, addressed to the Hon. City Mayor James Gordon, Jr. regarding the post activity report for the monitoring & inspection of alleged selling of medicine by drugstore surrounding the James L. Gordon Memorial Hospital conducted by the Olongapo City Local Price Coordinating Council last February 26, 2009. (For information of everyone)

10. Letter from PSSUPT Abelardo P. Villacorta, City Director, Olongapo City Police Office, addressed to the Hon. City Mayor James “Bong” Gordon Jr. regarding the Memorandum of Understanding dated February 12, 2009 executed between the Police Regional Office- 3 (PRO3) represented by its Regional Director PCSUPT Leon Nilo A. Dela Cruz and the Association of Pilipinas Shell Dealers, Inc. represented by Zone Chairman Mr. Reynesto G. Panlilio. The Olongapo City Police Office suggests and proposes a dialogue between the Mayor’s Office, other gasoline station managers and other proprietors of business establishments located at strategic areas within the city to discuss and adopt said Memorandum of Understanding for more effective crime prevention and maintenance of peace and order and security. (Referred to the Committees on Laws and on Peace and Order)

11. Copy of Resolution No. 02, Series of 2009 of Barangay East Bajac-Bajac, Olongapo City entitled: “A Resolution Authorizing the Barangay Treasurer to withdraw the amount of PhP193,683.06 for the monetization of Barangay Officials of East Bajac-Bajac for FY 2008.” (Referred to the Committee on Appropriations for review)

12. First Endorsement from the City Mayor James Gordon, Jr. addressed to City Vice Mayor Cynthia G. Cajudo and Members of the Sangguniang Panlungsod:

a. Letter of Mr. Trolie B. Romualdo, Iram Tribal Council Chieftain requesting permission to operate a Mini Fair at the Iram Resettlement Area, proceeds of which will be used to finance the completion of their basketball court fence;

(Referred to the Committees on Barangay Affairs, on Business and on Public Works and Engineering)

b. Copy of the memorandum from Col. Jose A. Aquino, Head, Office of Traffic Management and Public Safety (OTMPS) requesting fabrication of public announcement board and bicycle stand in connection with the implementation of City Ordinance No. 6, Series of 1983 – An Ordinance regulating the use and/or operation of bicycle and for other purposes; (Referred to the Committee on Public Works and Engineering)

c. Copy of the Memorandum of Agreement entered into by and between the Philippine Fisheries Development Authority (PFDA) represented by its General Manager, Petronilo B. Buendia and the City Government of Olongapo represented by the City Mayor. (Referred to the Committee on Laws)

13. Memorandum from Hon. Gina Perez, City Councilor for the Hon. City Vice Mayor submitting to the minutes of a meeting/consultation with various national government offices in Olongapo City in connection with the proposed ordinance on Anti Red Tape Act of 2007. Seventeen (17) representatives from different national and local offices attended and actively participated with the discussion. (For information and file)

14. Copy of Memorandum from Councilor Gina Perez for the Hon. City Mayor James Gordon, Jr. informing that Draft Ordinance No. 2009 0-10 entitled “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 therefore” proposed by Coun. Perez has been laid on the table last Sangguniang Panlungsod 8th Regular Session, February 25, 2009. Said draft eventually converted to an executive order entitled, “An executive order creating the Citizen’s Charter Team to administer the implementation of Republic Act 9485 otherwise known as an act to improve efficiency in the delivery of government service to the public by reducing their democratic red tape preventing graft and corruption and providing penalties therefore”. (For information and guidance)

15. Memorandum from Honorio Gomez, OIC, James L. Gordon Ave., Market and Mall Administrator for Hon. City Mayor James Gordon, Jr. regarding the Income Report For The Month Of February 2009. There was an increase of PhP47,925.00 as compared to last year. (Referred to the Committees on Markets and on Ways and Means)

16. Endorsement of Draft Resolution opposing the commissioning of the Moth-Balled Bataan Nuclear Power Plant submitted by Hon. Aquilino Cortez, Jr. (For information)

Committee Reports

( Please refer to ANNEX “A”, “B” AND “C”)

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.

2. 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,” was deferred by the body on motion of Councilor Jonathan G. Manalo.

3. 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,” was deferred by the body on motion of Councilor Angelito W. Baloy for further consultation.

4. Draft Resolution No. 2009 R-027 – “A Resolution Opposing The Commissioning Of The Moth-Balled Bataan Nuclear Power Plant.” Sponsored by Councilor John Carlos G. delos Reyes.

Councilor Manalo sought clarification if the proposed measure would apply to all nuclear power plants or the one in Bataan. He asked if there was any study made as basis for the opposition to the revival of its operation when in most European countries they use nuclear power as main source of energy.

Councilor delos Reyes informed the body that he attended two meetings in Morong, Bataan about the said issue. First was the reunion of the veterans who opposed the Bataan Nuclear Power Plant a long time ago. Second was the rally sponsored by Bishop Socrates Villegas.

In response to the query, Councilor delos Reyes, the basis, which is stated in the draft, is the fact that the plant was erected near a fault line considering that the Philippines is prone to earthquakes. Another basis is the reputation that it’s a graft-ridden project. He further stated that the move to revive the operations was not initiated by nearby provinces like Bataan, Zambales, Pampanga nor Olongapo. It was by Congressman Mark Cojuangco from Pangasinan, whose father bought a 20% share in Meralco, who wanted the plant rehabilitated using the taxypayer’s money, with the end motive to later take over its operations. According to the Councilor, reading between the lines, he could adduce that it was the “agenda” but he admits that these are all speculations with no proofs to back-up his statement.

Even if they do not use the above-mentioned argument, Councilor delos Reyes said that another basis to the 4,000 defects discovered by the Council or commissions created during Cory Aquino’s administration which was headed by then Senator Saguisag.

He mentioned the name of Herminio Dicine, a known Marcos crony who benefited from the 2.3 billion dollars nuclear plant who was not even prosecuted and now staying in Europe. “It’s a glorified oven,” applying the term used by Mark Cojuangco, referring to the huge amount that is going to be spent to revive the operation of the plant, at the expense of the hungry Filipinos. Thus, the Councilor said this is one reason for us to oppose not to mention that Olongapo is adjacent to Morong. He added that we might as well join the 1% portion of the group that says, this might not be safe. He pointed that they should be after the protection and safety of the many lives of the Filipinos against a great portion of the group that favor its revival headed by the Cojuangcos.

As a rejoinder, Councilor Jong Cortez, Chairman Committee on Environment Protection, read before the body some of the provisions stated in the draft resolution emphasizing its objection to the “Coal-Fired Power Plant as an energy source for Subic Bay” under Resolution No. 131, Series of 2008, which the City Council recently passed. Under it, it was stated that nuclear power while it is relatively safe, it can cause great damage like the disaster in a plant accident which happened at the Three Mile Island and Chernobyl. In conclusion, Councilor Cortez pointed out that operation of both Coal-Fired Power Plant and Nuclear Power Plant will bring about disaster in the area.

Councilor Lipumano-Garcia expressed her agreement to the objective in opposing whatever plans to operate both coal or nuclear power plant.

Councilor Perez expressed her support to the resolution, claiming she intends to stay in Olongapo with her family and she wants an environment that is safe. She recommends other unused area in the country particularly Zambales, SBMA and Olongapo City, which can be utilized as sites for business industries that can generate employment for its residents instead of putting-up a nuclear plant which can be dangerous.

Councilor Aquino remained firm with what was provided in the constitution which is the prohibition on nuclear storage.

After thorough discussion, Draft Resolution No. 2009 R-027 was approved unanimously on its second and final reading on motion of Councilor John Carlos G. delos Reyes.

5. Pending for some clarification, Draft Resolution No. 2009 R-028 – “A Resolution Approving The Work And Financial Plan For Calendar Year 2009 Of The Olongapo City Disaster Coordinating Council,” was deferred by the body on motion of Councilor Rodel S. Cerezo.

6. Draft Resolution No. 2009 R-030 – “A Resolution Endorsing The Interconnection Of Telecommunications Facilities Of Subic-Clark-Tarlac Growth Corridor.” Sponsored by Councilor Edwin J. Piano.

Explaining the background of this resolution, on February 2, 2005, the City Council passed Resolution No. 11, Series of 2005, requiring Telecom Interconnection between Subic Bay Freeport Olongapo and Zambales. On July of 2005, 4 months after passing the resolution, the interconnection was realized covering Subic Freeport, Olongapo, Zambales and the province of Bataan.

In 2007, two years after that innovation in communication, Clark Development followed suit and developed an interconnection of telecommunications facilities between the Clark Freeport and the Province of Pampanga. This project was awarded the “Gawad Galing” Award by the President on December 2008. According to the proponent, it’s a project first conceived by Olongapo but it was the other government institution who reaped the award.

With the completion of the Subic-Clark-Tarlac Expressway, a new interconnection project is envisioned. He said, it was foreseen that since the physical facilities are in place, development of a new telecommunication facility should follow suit to complement the Subic-Clark-Tarlac road corridor.

At present, though technically interconnected, a National Direct Dial or NDD rate will be charged if an individuals calls from here to Pampanga or from here to Clark Freeport. There, the proposed resolution will ease the burden of callers with no extra charges to be paid when calling from Olongapo to any point in Pampanga, Tarlac, Zambales and Bataan. This will benefit the business community as well and the constituents as a whole. Further, he clarrified that interconnection means, “one province, one rate” concept. He intends to include in the provision on the resolution, to exempt the telephone users from any long distance charges within the interconnection telecommunication facilities covering the Provinces of Pampanga, Bataan, Zambales, Tarlac, Subic Freeport, Clark, Morong and Tarlac Economic zones.

He also assured Councilor Lipumano-Garcia the possibility that it can be done. He recalled that before, there was an additional charge when calling to Subic Bay through an extended area service and, when calling Subic town, there was a need to dial 047, while in the Municipality of San Marcelino, San Antonio, San Narciso, San Felipe, Iba and Masinloc, you need to dial 232. To date calling all those areas using ordinary telephone, will just need to dial direct. In the case of a wireless landline, one can dial from within the province from Subic Freeport, direct to the telephone number, just don’t use 047 before you dial 232, otherwise, you will be charged with the NDD which is higher in cost. The Councilor advised to dial direct line 232 or whatever code they have and the call will get through without extra cost. He explained that, the intention of this resolution is to incorporate Clark, Pampanga and Tarlac, in order to have a wider scope of coverage of the system. He informed everyone that he was able to discuss the matter with Mr. Henry Abes, Manager of PLDT, and with the PLDT Clark. He was told that they only need the request from the LGU. After passage of the resolution, we will furnish copies to Bataan, Pampanga and Tarlac, for them to pass the same resolution that requests, to interconnect their telecommunication facilities in their respective provinces.

He also clarified that the suggestion by Councilor Aquino to include Olongapo in the title will not make any sense, considering the words, Subic-Clark-Tarlac route corridor is a noun which is already a “title”, and incompasses the province of Tarlac, Pampanga, Bataan and Zambales and the cities therein like Balanga and Olongapo City.

Draft Resolution No. R-030 was approved by the body unanimously in its second and final reading, on motion of Councilor Edwin J. Piano.

7. Draft Ordinance No. 2009 O-13 – “An Ordinance Reverting The Amount Of One Hundred Thousand Pesos (PhP100.000.00) From The Item Capital Outlay- Other Machineries And Equipment To The Item Personal Services – Vacation And Sick Leave Benefits Of The Olongapo City Public Market.”

Councilor Lipumano-Garcia asked the proponent if the amount mentioned will be reverted. Councilor Manalo clarified that the said amount was part of the budget for the item office equipment and other machinery equipments which is to be reverted for personal services such as terminal leave, monetization, vacation and sick leave benefits of the employees.

Councilor Gie Baloy wanted to know if reversion of funds is allowed considering that it’s just the third month of the year. Since the proponent was not sure, he referred the matter to the legal consultant.

The Presiding Officer declared a recess.

Recess: 6:07 p.m.

Resumed: 6:10 p.m.

Councilor delos Reyes questions the propriety of approving a budget that is not properly prepared by the department. According to him, it has been happening repeatedly by asking the Council to rush the approval of their budget. He made his request to all concerned departments to make proper preparations of their budgets.

Draft Ordinance No. O-13 was approved unanimously on its second and final reading on motion of Councilor Jonathan G. Manalo.

8. Councilor Jonathan G. Manalo moved to approve Draft Ordinance No. 2009 O-14 – “An Ordinance Authorizing The Charging Of The Previous Year’s Obligations In The Amount Of Nine Million One Hundred Eighty Three Thousand Five Hundred Sixty Four Pesos And Sixty Eight Centavos (PhP9,183,564.68) Of The Different Departments To The 2009 Unappropriated Balance Of The General Fund.”

Similar comments were heard from Councilor Lipumano-Garcia on rushing the Council to appropriate funds for the previous year’s obligations in just a matter of few months. She wondered how these departments prepared their budgets. The Council is not given enough time to review their budgets. Councilor Manalo clarified that the previous year’s obligations requested by the department were part of the last quarter budget, explaining that due to the numerous holidays that took place in December, they were not able to finalize their budgets until the closing of the book which is the reason why it is being charged to the unappropriated balance for 2009.

The motion was approved by a majority vote, with 2 opposed.

Other Matters

A. The Presiding Officer reminded the body that the next session will be on March 9 because of the PCL meeting.

B. Councilor Cerezo requested his colleagues to submit their respective agenda until Friday to be included on the 1st Reading.

Adjournment

There being no further matters to be discussed, the session was adjourned at 6:18 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