Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON JUNE 17, 2009 AT THE CITY HALL

Present:

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

Hon. Gina Gulanes-Perez - - - - - - - - - - - - - - - - - City Councilor

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

Hon. Rodel S. Cerezo - - - - - - - - - - - - - - - - - - - - “ “

Hon. Angelito W. Baloy - - - - - - - - - - - - - - - - - - “ “

Hon. Anselmo A. Aquino- - - - - - - - - - - - - - - - - - “ “

Hon. Elena C. Dabu- - - - - - - - - - - - - - - - - - - - - - “ “

Hon. Jonathan G. Manalo- - - - - - - - - - - - - - - - - - “ “

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

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

Absent:

Hon. Sarah Lugerna Lipumano–Garcia - - - - - City Councilor

Hon. Edwin J. Piano - - - - - - - - - - - - - - - - - - - - - City Councilor

(On Official Travel Abroad)

Hon. Aquilino Y. Cortez, Jr. - - - - - - - - - - - - - - - City Councilor

(On Official Travel Abroad)

Call to Order

The City Vice-Mayor and Presiding Officer Cynthia G. Cajudo called the session to order at 4:23 in the afternoon.

Roll Call

With nine (9) Members and the Presiding Officer present, a quorum was declared.

Reading and Adoption of Minutes

On motion of Councilor Gina Perez, the minutes of the regular session dated May 27, 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-066 – A Resolution Authorizing The Honorable City Mayor James Gordon, Jr. To Enter Into A Contract Of Affiliation (COA) By And Between The City Government Of Olongapo And George Dewey Medical College, Inc. (GDMCI) Represented By Its Vice President For Academic Affairs, Dr. Ruby J. Cirineo For The Affiliation And Training Of Its Nursing Students At The James L. Gordon Memorial Hospital. Sponsored By Councilor Angelito W. Baloy. (Referred to the Committee on Health)

2. Draft Resolution No. 2009 R-067 – A Resolution Rescinding The Memorandum Of Agreement (MOA) Between TCR Technology Advancement System, The City Of Olongapo And The Olongapo City Police District Office. Sponsored By The Majority Party. (Referred to the Committee on Peace and Order)

Second Reading:

1. Draft Resolution No. 2009 R-058 – A Resolution Authorizing The Honorable City Mayor To Enter Into A Memorandum Of Agreement (MOA) With The National Food Authority (NFA) Duly Represented By Its Provincial Manager, Jaime R. Juan. Sponsored By Councilor Carlito A. Baloy

2. Draft Resolution No. 2009 R-062 – A Resolution Supporting House Bill Number 4315 Which Seeks To Discontinue The Proliferation Of Sex Scandals In The Country And Calling All Concerned Offices For Its Immediate Passage And Implementation. Sponsored By Councilor Gina G. Perez

3. Draft Ordinance No. 2009 O-25 – An Ordinance Sanctioning The Modernization And Professionalization Of The Public Utilities Department (P.U.D.) Through Privatization By Way Of Private Sector Participation Through Divestment/Sale Or Build Operate Transfer (B.O.T.) Arrangements. Sponsored By The Majority Party

4. Draft Resolution No. 2009 R-063 – A Resolution Calling All Barangays In The City To Create An Anti-Dengue Task Force. Sponsored By Councilor Gina G. Perez

5. Draft Resolution No. 2009 R-064 – A Resolution Approving The Application Of Digitel Telecommunications, Inc. (Sun Cellular) For The Installation And Operation Of Cellsite/GSM Antenna At Barangay New Asinan, Olongapo City. Sponsored By Councilor Edwin J. Piano

6. Draft Resolution No. 2009 R-065 – A Resolution Approving The Application Of Digitel Telecommunications, Inc. (Sun Cellular) For The Installation And Operation Of Cellsite/GSM Antenna At Barangay East Tapinac, Olongapo City. Sponsored By Councilor Edwin J. Piano

7. Draft Ordinance No. 2009 O-26 – An Ordinance Approving And Appropriating The Amount Of Thirty Four Million Seven Hundred Twenty Six Thousand Four Hundred Forty One Pesos And Forty Three Centavos (PhP34,726,441.43) As Supplemental Budget For Calendar Year 2009. Sponsored By Councilor Jonathan G. Manalo

Councilor Cerezo moved to change some words in Draft Resolution No. 2009 R-067 – “A Resolution Rescinding The Memorandum Of Agreement (MOA) Between TCR Technology Advancement System, The City Of Olongapo And The Olongapo City Police District Office,” to “A Resolution Moving For The Rescission Of The Memorandum Of Agreement (MOA) Between TCR Technology Advancement System, The City of Olongapo And The Olongapo City Police District Office dated January 12, 2006.”

With no other observations/comments, the Day’s Agenda was unanimously approved, as amended.

Communications and Referrals of Business

Communications Read:

1. Letter from Thelma S. Timbol, State Auditor IV, Audit Team Leader, Commission On Audit, Office Of The City Auditor, Olongapo City addressed to the Presiding Officer of this body, transmitting the Barangay Annual Audit Report of the following barangays of the City of Olongapo:

1. Asinan CY 2007-2008

2. Banicain CY 2007-2008

3. East Tapinac CY 2008

4. Gordon Heights CY 2007-2008

5. Kalalake CY 2007-2008

6. New Ilalim CY 2007-2008

7. Old Cabalan CY 2007-2008

8. Pag-asa CY 2008

9. Sta. Rita CY 2007-2008

(Referred to the Committees on Ways and Means and on Appropriations for review)

2. First Endorsement from the City Mayor James Gordon, Jr., addressed to the Hon. City Vice Mayor Cynthia G. Cajudo and Members of the Sangguniang Panlungsod the copy of Gordon College Board of Trustees Resolution No. 20, Series of 2006 establishing the Income-Generating Project Unit of Gordon College. (Referred to the Committees on Ways and Means and on Education)

3. Barangay Resolution No. 15, Series of 2009 of Barangay West Bajac-Bajac, Olongapo City, entitled: “A Resolution Expressing Indignation Over The Disrespect And By Passing Of Barangay Authorities Committed By Vendors Management Action Team (VMAT) Personnel And Expressing Absolute Objection To VMAT Interference In West Bajac Bajac Market Administration.” (Referred to the Committees on Market and Personnel)

4. Notice of Power Interruption issued by the Public Utilities Department on June 19, 2009: 9:00 AM to 9:30 PM.: F-210L8 – Whole of East Tapinac, New Asinan, Pag-asa and New Kalalake; Along Corpuz St. from W-14 to W-16th St., Along W-14th St.; Along 16th St.; WT, Along Esteban St. from W-15th to W-12th St.; Along Anonas St. from Anonas Bridge to back of McDonalds (WBB); Along Afable St. from cor. Barretto St. to E-20th St., including EBB Public Market; Along Barretto St., EBB; Along Rizal Ave., from Anonas bridge to Ulo ng Apo Rotonda including Chowking; Along 19th St., WBB; Along Rizal Avenue from E-20th St. to Jollibee (WBB); Along Rizal Ave. from 11th St. to 14th St., WT., the cause of interruption is PUD and the reason is to isolate project area. 9:00 AM to 12:30 PM: Metering 3, Feeder 21 OL8. Portion of East Tapinac 12th St. from Fendler St. to Hansen St. Portion of New Asinan; Along Gordon Ave. Bounded by 12th St. and 6th St.; Along Irving St., Jones St., Kessing St. Whole of Brgy. Pag-asa, Portion of New Kalalake; Along 12th St. and also the cause of interruption is PUD to replace deteriorated poles at: (a) Gordon Ave., cor. 12th St., New Kalalake, 12th St., front of Mother & Child, New Asinan, 12th st., cor. Irving St., New Kalalake and re-routing of primary lines at Bonifacio St., cor. Perimeter St.; 12:30 to 1:00 PM, F-210L8 – Whole of East Tapinac, New Asinan, Pag-asa and New Kalalake; Along Corpuz St. from W-14 to W-16th St.; Along W-14th St.; Along 16th St. WT; Along Esteban St from W-15th to W-12th St.; Along Anonas St. from Anonas Bridge to Back of McDonalds (WBB); Along Afable St. from cor. Barretto St. to E-20th St. including EBB Public Market; Along Barretto St., EBB; Along Rizal Ave. from Anonas bridge to Ulo ng Apo Rotonda including Chowking; Along 19th St., WBB; Along Rizal Ave. from E-20th St. to Jollibee (WBB); Along Rizal Ave. from 11th St. to 14th St., WT, tapping of power and the cause of interruption is PUD. This notice was approved by the General Manager Engr. Luisito M. Lopez. (For information)

5. Memorandum from Mac Arnold D. Concepcion, SK Chairman, Brgy. New Cabalan, this city addressed to Hon. Cheenee F. Hoya, SK Federation President regarding Clarification For Adm. Case No. SKCF NO. 02-2009. (Referred to SK and Atty. Badge Perez for legal assistance)

6. Resolution No. 005, Series of 2009 of Barangay New Asinan, Olongapo City entitled, “Presented to the Council for Consideration is the Supplemental Budget of the Barangay in the Total Amount of Two Hundred Eighty Eight Thousand Five Hundred Eighty Eight Pesos Only (PhP288,588.00) including the 10% SK Share”, Prepared pursuant to the Provisions of Republic Act Number 7160”. Attached is the Supplemental Budget Ordinance Number 002, Series of 2009 entitled, “An Ordinance Enacting A Supplementary Budget For The Operation Of Barangay Government Of Asinan For The Period Of January 01 Through December 31, 2009”. (Referred to the Committees on Appropriations and on Ways and Means for review)

7. Invitation from Daphne D. Roxas, Executive Director, AWNGAD & Banahaw SusDev Center and Justice Leonor Ines for the International Training Seminar On Gender, Good Governance And Climate Change. (For information, all women Councilors)

8. Resolution No. 16, Series of 2009 of Barangay West Bajac-Bajac, Olongapo City, entitled: “A Resolution Expressing Deepest Sympathy And Condolences To the Bereaved Family Of The Late Agrifino Cruz Sr. Who Passed Away Last June 13, 2009. (For information)

9. Letter from Engr. Marivic J. Nierras, Officer-In-Charge, CPDO, addressed to the Hon. City Vice Mayor Cynthia G. Cajudo regarding the growing importance of process documentation work in the City Government, the City Planning and Development Office, through the Population and Development Strategies under the UNFPA 6th Country Programme will be conducting a Process Documentation Workshop Seminar on June 23-24, 2009, 8:00 AM – 5:00 PM at the Olongapo City Convention Center, Function Room I. (Recommended employees to attend are Joy Niñonuevo, Dolores Valdez and Reggie Dedicatoria)

10. Committee Report No. 028 of Councilor Angelito W. Baloy, Committee Chairman, Business & Economic Enterprises and Health and Public Welfare.

11. Memorandum 131 from Hon. James Gordon, Jr., City Mayor and Atty. Angelito Orozco, Head, City Legal Office on the complaint against unexplained collection of fees from scrap buy & sell vendors from Councilor Angelito W. Baloy.. (Referred to the Committees on Business and on Markets)

12. Income report for the month of May 2009 of the James L. Gordon Ave., Market and Mall submitted by Honorio Gomez, OIC James L. Gordon Ave., Market and Mall Administrator. There was a decrease of PhP91,068.99 as compared to May 2008. (Referred to the Committees on Markets, and on Ways and Means for review)

13. Letter from the Office of the Deputy Ombudsman for Luzon, Acting Director Joaquin F. Salazar, addressed to John Carlos G. Delos Reyes regarding OMB-L-C-08-0703-I and OMB-L-A-08-0585-I John Carlos G. Delos Reyes vs. Luisito M. Lopez and the letter goes:

“This is in response to your letters dated April 21, 2009 and May 14, 2009 inquiring on the status of the criminal and administrative complaints you filed against respondent Luisito M. Lopez for violations of Republic Act No. 3019 and Republic Act No. 6713, respectively.

Please be advised that your request for the preventive suspention of the respondent had already been resolved by this Office and the same was forwarded on November 18, 2008 to the Central Office for review and approval. While the preliminary investigation in the criminal case has already been terminated, nonetheless, we cannot issue the corresponding resolution thereon until the conduct of the administrative adjudication of the complaint has been completed. This is in view of the policy of this Office to jointly resolve the criminal and administrative cases to ensure uniformity in our findings”.

14. Office of the Deputy Ombudsman for Luzon from Acting Director, Evaluation and Investigation Office Bureau A, Joaquin F. Salazar, again, addressed to City Councilor John Carlos G. Delos Reyes of Olongapo City regarding OMB-L-C-08-0704-I/OMB-L-A-08-0586-I Delos Reyes vs. Mendoza, Jr., relative thereto, please be advised that the criminal case is undergoing preliminary investigation, while the administrative case is awaiting the approval of the Order treating on the Motion for Preventive Suspension. Rest assured that the said cases will be acted upon immediately as soon as all the required pleadings have been submitted.

Committee Reports

Councilor Gie Baloy expressed in his report that the Regional Nutrition Evaluation Team (RNET) finally visited our city last 2nd of June, 2009 to perform the Nutrition Monitoring and Evaluation of Local Level Plan Implementation (MELLPI) for the year 2008, wherein, together with our City Nutrition Action Officer, Richel Torralba, members from the City Nutrition Council, City Health Office, and barangays participated in the interviews, record reviews, and programs validation. For this year, Barangays Banicain, Kalaklan, and Sta. Rita were picked randomly for the said evaluation, which focused on nutrition impact programs, weighing, budgets, and legislations in support of city nutrition activities. The passage of the Basic Emergency Obstetric and Newborn Care (BEmONC) Ordinance was also presented to emphasize the city’s resolute objective to look after the welfare of mothers and their newborns. Likewise, the resolution endorsing the use of iodized salt in cooked food preparation and its distribution to the barangays were discussed.

He added that although the final result of the evaluation is yet to be announced in October of this year, the City Nutrition Council is confident that it shall be bestowed with high commendations since assertive efforts were put forth by both the LGUs sand various NGOs last year for the enrichment of city nutrition.

The councilor also made mention that for this year, the City Nutrition Council continues to tap and partner with selfless NGOs, associations, and organizations to coordinate feeding programs, and augment nutrition-related undertakings by the LGU. Barangays and residents are also being continuously encouraged to establish and maintain backyard gardens for fruits and vegetables.

As Chair of the Committee on Business and Economic Enterprises, the councilor disclosed that a letter of complaint from the Scrap Buy and Sell Vendors Association, was assigned to this committee during the regular session of the city council on June 10, 2009. As per the said letter, the members were questioning the sudden increase of ten pesos (PhP10.00) in the daily collection by Task Force Virgo, in addition to the usual five pesos (PhP5.00) collected by the barangay. The association further claims that no announcement, orientation, or consultation was made prior to the start of the collection in early June, 2009.

He also declared that he was told that they have tried to meet and speak with Ms. Aileen Sanchez of Task Force Virgo on several occasions in order to discuss the issue, but were told she was busy.

Councilor Gie Baloy voiced out that since Task Force Virgo was created by an Executive Order, this committee determined that it was best to endorse the matter to the Office of the City Mayor and the City Legal Office for their information and the perusal. The Office of the City Vice-Mayor was also furnished a copy of the report.

As Chair of the Committee on Livelihood, Councilor Dabu informed her colleagues regarding the different livelihood activities that were being conducted on different barangays such as rug making, conducted at Barangays New Cabalan and Sta. Rita, and basic reflexology, held in Barangay Barretto, for massage therapy. She conveyed that earlier, they had a livelihood seminar on fish processing in Barangay Gordon Heights, wherein fifty participated.

Councilor Dabu also relayed to the body that the Free Livelihood Training on various foods processing, which is seven courses, being conducted in Barangay Gordon Heights since May 27, 2009, on a weekly basis, will end on June 26, 2009, with approximately two hundred twenty participants expected to finish. The graduation ceremony will be held at Barangay Gordon Heights Covered Court on June 29, 2009, Monday, at 9:00 AM, and subsequently followed by a Food Fair coming from Zambales DTI CLEEPS and Gawang Gapo exhibitors.

As Chair of the Committee on Social Welfare and Services, she reported the list of Persons With Disability Community-Based Survey per barangay and the list of persons with disability volunteers identified by the CSWD Office for our information and references. As she stated, the PWD community- based survey at Barangay Asinan is twenty-one, seventy-nine in Barangay East Bajac-Bajac, thirty-nine in Barangay East Tapinac, seven in Barangay New Ilalim, twenty-four in Barangay New Kababae, fifty-six in Barangay Old Cabalan, and eighty-eight in Barangay West Tapinac, for a total of three hundred sixty-two.

The councilor mentioned that she also have the list of persons with disability volunteers on duty at Olongapo OPDA stall in Marikit Park. They are Melmar Luna, Rodolfo Escaros, Mario Labinpuno, Melodia Melendez, Edna Suarez, Lester Regalado, Christopher Ayson, and Susan Medina.

Lastly, as Chair of the Committee on Fiesta, Councilor Ellen imparted to the members of the body that the Fiesta Raffle Draw for the general public was conducted last 15th of June, 2009 at the Sangguniang Panlungsod Session Hall and witnessed by some Barangay Councilmen, Barangay Councilwomen, coordinators, and Sangguniang Panlungsod employees. She was glad to inform the names of the winners:

For the third prize winner, ticket drawn by Barangay Kagawad Albarda from Barangay Barretto, the winner is Miss Donna Mae Ague of No. 9 Mercury Street, New Cabalan, Olongapo City, with a cash prize of PhP15,000.00.

For the second prize winner, ticket drawn by Barangay Kagawad Villegas of Barangay East Bajac-Bajac, the winner is Jonalisa Jimenez of Legenda Hotel, SBMA, with a cash prize of PhP25,000.00.

And for the grand prize winner, drawn by Miss Tala, Coordinator of Barangay Mabayuan, winner is Rowena Ecijan of No. 8 Bacon Street, East Tapinac, Olongapo City, with a cash prize of PhP50,000.00.

She added that the Executive Committee requested that prizes be handed over by our City Mayor James “Bong” Gordon, Jr. during the Flag Ceremony on Monday, 22nd of June, 2009.

Calendar of Business

1. Draft Resolution No. 2009 R-058 – “A Resolution Authorizing The Honorable City Mayor To Enter Into A Memorandum Of Agreement (MOA) With The National Food Authority (NFA) Duly Represented By Its Provincial Manager, Jaime R. Juan,” was tabled by the body on motion of Councilor Carlito A. Baloy.

2. Draft Resolution No. 2009 R-062 – “A Resolution Supporting House Bill Number 4315 Which Seeks To Discontinue The Proliferation Of Sex Scandals In The Country And Calling All Concerned Offices For Its Immediate Passage And Implementation.”

Councilor Perez communicated that she was able to come across a very timely and appropriate Bill currently the talking-point in the Congress – House Bill Number 4315. The proposed Bill is very close to our hearts since it was sponsored by Buhay Partylist. It has already passed the committee level, and is currently under deliberation at the Lower House. The highlights of the proposed Bill includes the penalizing of the recording of private acts or act and other violations of the privacy of an individual and for other purposes. It inhibits the recording or attempts of recording of private acts, at the same time it also prohibits the possession of any videotape, CD, or recording of a private act. It is also unlawful for any person to share, show, or exhibit the aforementioned video.

Councilor Perez recapped that very recently, we were astounded by the scandalous issues regarding some showbiz personalities, that was broadcasted thru cell phone, the internet, as well as the media. This indeed is a very big disgrace for our country, wherein one’s private acts can be recorded and spread without the knowledge of the concerned individuals.

The proponent commented that being a predominantly Christian community, we are supposed to promote good values. The proliferation of sexual acts slurs our Filipino heritage, as well as the stature of our women, not only in the showbiz industry, but as well as the academe, especially now that sex scandals involving college students are coming out.

She also conveyed that the Senate is currently finding ways to help alleviate the problem. In fact, Senator Pia Cayetano proposed Senate Bill 3267 or the Anti-Video Voyeurism Act, but the proponent, unfortunately, was not able to secure a copy of the same. The councilor, though, was able to secure a copy of House Bill Number 4315 from Buhay Partylist.

Councilor Perez is seeking for the support of the members of the body to pass the resolution advocating House Bill Number 4315, which will hopefully lessen the proliferation of these kinds of scandals. She observed that after the Katrina Halili and Hayden Kho scandal blew out of proportion, many people became engrossed in downloading the said video scandal from the Internet to their cell phones, and viewing it. If the proposed House Bill will be ratified, it will inhibit the recording of private acts, as well as broadcasting it. And if ever one will be caught with a copy of the video, will pay one hundred thousand pesos up to five hundred thousand pesos as penalty, and be imprisoned for a minimum of 6 months or maximum of 6 years.

She urged her colleagues to approve the resolution and made some changes in the title. Instead of using the words “sex scandal,” SCANDALOUS MATERIALS will be used instead.

Without further deliberation, Draft Resolution No. 2009 R-062 as amended was approved unanimously by the body on it second and final reading, on motion of Councilor Gina G. Perez.

3. Draft Ordinance No. 2009 O-25 – “An Ordinance Sanctioning The Modernization And Professionalization Of The Public Utilities Department (P.U.D.) Through Privatization By Way Of Private Sector Participation Through Divestment/Sale Or Build Operate Transfer (B.O.T.) Arrangements,” was deferred by the body on motion of Councilor Jonathan G. Manalo, pending its public hearing.

4. Draft Resolution No. 2009 R-063 – “A Resolution Calling All Barangays In The City To Create An Anti-Dengue Task Force,” was deferred by the body, pending its further study, on motion of Councilor Gina G. Perez

5. Draft Resolution No. 2009 R-064 – “A Resolution Approving The Application Of Digitel Telecommunications, Inc. (Sun Cellular) For The Installation And Operation Of Cellsite/GSM Antenna At Barangay New Asinan, Olongapo City,” was deferred by the body on motion of Councilor Angelito W. Baloy on behalf of the proponent.

6. Draft Resolution No. 2009 R-065 – “A Resolution Approving The Application Of Digitel Telecommunications, Inc. (Sun Cellular) For The Installation And Operation Of Cellsite/GSM Antenna At Barangay East Tapinac, Olongapo City,” was deferred by the body on motion of Councilor Angelito W. Baloy.

7. Draft Ordinance No. 2009 O-26 – “An Ordinance Approving And Appropriating The Amount Of Thirty Four Million Seven Hundred Twenty Six Thousand Four Hundred Forty One Pesos And Forty Three Centavos (PhP34,726,441.43) As Supplemental Budget For Calendar Year 2009,” was approved unanimously on its second and final reading, on motion of Councilor Jonathan G. Manalo.

Other Matters

A certain matter was discussed by the body on recess and off the record.

Councilor delos Reyes moved to seek the opinion of the DILG and the letter will be drafted by the Council Secretary.

Adjournment

There being no other matters to be discussed, the session was adjourned at 5:25 in the afternoon.

I HEREBY CERTIFY TO THE

CORRECTNESS OF THE FOREGOING:

ELFLIDA S. SALMON

Council Secretary

ATTEST:

CYNTHIA G. CAJUDO

City Vice-Mayor & Presiding Officer