Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON JULY 9, 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. Anselmo A. Aquino- - - - - - - - - - - - - - “ “

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

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

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

Absent:

Hon. Angelito W. Baloy - - - - - - - - - - - - - - City Councilor

(Sick Leave)

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

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

(Sick Leave)

Call to Order

The City Vice-Mayor and Presiding Officer Cynthia G. Cajudo called the session to order at 4:27 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 G. Perez, the minutes of the regular session dated June 24, 2009 was deferred 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-074 – A Resolution Expressing Appreciation To The Association Of Fire Chiefs Of Vernier, Geneva, Switzerland And Their Emissaries Christian Hauswirth And Christian De Corvet, For Donating Firefighting Equipment And Training, And Further Recognizing Them As Olongapo City’s Partners In Public Service. Sponsored By The Majority Party

2. Draft Resolution No. 2009 R-075 – A Resolution Ratifying The Memorandum Of Understanding (MOU) Entered Into By And Between The City Government Of Olongapo Represented By Mayor James Gordon, Jr. With P.R. International Development Enterprise, Inc. Represented By Its President Alexander Zusik. Sponsored by Councilor Edwin J. Piano

3. Draft Resolution No. 2009 R-076 – A Resolution Ratifying The Memorandum Of Understanding (MOU) Entered Into By And Between The City Government Of Olongapo Represented By Mayor James Gordon, Jr. With MCK Resource Group Represented By Mr. Thomas J. Calvo And Subic Bay Metropolitan Authority (SBMA) Represented By Mr. Mario Garcia. Sponsored by Councilor Edwin J. Piano

Second Reading:

1. 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

2. 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

3. Draft Resolution No. 2009 R-071 – A Resolution Urging All Barangays Of Olongapo City To Create The Barangay Human Rights Action Center (BHRAC) And To Convene The Barangay Human Rights Action Officers (BHRAO) As Mandated By The Department Of The Interior And Local Government (DILG) Memorandum. Sponsored by Councilor John Carlos G. Delos Reyes

4. Draft Resolution No. 2009 R-072 – A Resolution Authorizing Honorable City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Agreement (MoA) Made By And Between The Department Of Trade And Industry (DTI) Represented By Its Secretary, Peter B. Favila And The City Government Of Olongapo Regarding The Development And Implementation Of The Philippine Business Registry (PBR). Sponsored by Councilor Angelito W. Baloy

5. Draft Resolution No. 2009 R-073 – A Resolution Conveying Aversion To Various Advertisements Currently Placed In National Media Promoting Political Personalities. Sponsored by Councilor Gina G. Perez

Councilor Manalo moved to change the sponsorship to unanimous item no. 1 on the 1st reading, which was unanimously approved by the body.

He also manifested to include in the 1st reading, “An Ordinance Approving And Appropriating The Amount Of One Million Eight Hundred Twenty-Seven Thousand Seven Hundred Seven And 44/100 (PhP1,827,707.44 ) For The Mandatory 5% Calamity Fund As Supplemental Budget For Calendar Year 2009,” without objections from the body.

On the other hand, Councilor Cerezo manifested to include in the 1st reading, “A Resolution Extending Profound Felicitations And Congratulations To The Iglesia Ni Cristo (INC) On The Occasion Of Its 95th Year Anniversary,” by unanimous sponsorship.

Lastly, Councilor Piano moved to include in the 1st reading, “A Resolution Expressing Felicitations To Bro. Mike Z. Velarde, Servant Leader Of El Shaddai And Sis. Belen Velarde, On The Occasion Of The Holding Of A Mass And Healing Rally Held At Remy Field, Subic Bay Freeport Zone (SBFZ) On July 9, 2009,” Unanimous Sponsorship.

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

Communications and Referrals of Business

Communications Read:

1. Letter from Carlito A. Baloy, President, Liga ng mga Barangay, Olongapo Chapter for the Liga National Executive Board thru Hon. Rico Judge Janvier “RJ” Echiverri, National Liga President, Liga ng mga Barangay sa Pilipinas regarding the resignation of the three Barangay Captains of Olongapo City, namely: Hon. Carlito Baloy, Liga President; Hon. Benjamin Franco, Liga Vice President and Hon. Audie Sundiam, Liga Auditor. It was decided to conduct another election of all barangay captains for the re-organization purposes and they are requesting an authority from the National Liga Office to conduct a Special Liga Election. (For information and guidance)

2. Letter from Tricia Novido, Managing Director for Marinel Foods Corporation and 9TJS Foods Corporation, Michael Enciso, Store Manager, Marinel Foods Corporation and Maritess Ordonez, OIC, 9TJS Foods Corporation, Jollibee addressed to the Hon. City Mayor James J. Gordon, Jr. airing their sentiments in operating their business inside the Olongapo City Mall. One identifying factor affecting the sales of the stores would be the absence of a good air-conditioning. Air-conditioning system breakdowns have been perennial problems since the mall’s opening in 2004. (Referred to the Committee on Business)

3. Memorandum from Councilor Gina Gulanes Perez for the Hon. City Mayor James Gordon Jr. and Hon. City Vice Mayor Cynthia G. Cajudo regarding the Barangay Justice System Seminar on July 10, 2009 at 2:00 in the afternoon, Function Room, Olongapo City Convention Center. The resource speaker is Atty. Enrique V. Dela Cruz. However, another memorandum was issued by Kgd. Perez to All Barangay Officials, Lupon Tagapamayapa and BHRAO that said seminar shall be postponed indefinitely due to the unavailability of the resource speaker. For the meantime, they have co-organized tour guiding, customer service and culture of tourism seminars in July 12, 17 and 30, 2009, respectively. (For information)

4. Memorandum from Councilor Gina Perez, addressed to all PCL Olongapo City Chapter regarding their suggestions for PCL Week 2009 which will be held on September this year. (For information)

5. Letter from Ferdie Magrata, City Administrator regarding the Submission And Approval Of Application For Vacation And Sick Leave Of Government Employees. A. Application for vacation leave: (1) Must be submitted to the Office of the City Mayor at least 5 days in advance from date of leave; (2) Grant of vacation leave shall be contingent upon the needs of the service and therefore shall be at the discretion of the head of agency; Note: Concerned employee must never assume that his leave application will be approved as submitted. (3) Officials/employees who will be absent or fails to report for work without a duly approved leave from the City Mayor shall be considered Absent Without Official Leave (AWOL) and the salary corresponding to the day/s of his absence shall be deducted from his ensuing payroll.

B. Application for sick leave: (1) Must be filed immediately upon the employee’s return from such leave; (2) Notice of absence should be sent immediately to the head of agency; (3) Shall be granted only on account of sickness or disability on the part of the employee concerned or any member of his immediate family.

Strict compliance is hereby enjoined.

Signed Ferdie Magrata, City Administrator.

(For posting in bulletin board)

6. Copy of the 2009 City Government Calendar Of Activities 3rd Quarter. (For information and copies to everyone)

7. Memorandum from Joseph Arnold C. Lopez, City Veterinarian for the Hon. City Mayor James Gordon, Jr. regarding the Comparative Monthly Statement Of Income for the month of June 2009, Year 2008 to 2009. There was an increase of PhP48,280.00 as compared to last year. (Referred to the Committee on Ways and Means)

8. Resolution No. 19, Series of 2009 of Barangay West Bajac-Bajac, Olongapo City, entitled: “A Resolution Authorizing Barangay Chairman Rafael R. Santulan, Jr., To Negotiate, Borrow, Mortgage, Sign And Enter Into A Loan Agreement With The Development Bank Of The Philippines (DBP) In The Amount Of Three Million Five Hundred Thousand Pesos (PhP3,500,000.00).” (Referred to the Committee on Appropriations for review)

9. Affidavit of Carlito A. Baloy, Punong Barangay of Brgy. Barretto, Olongapo City on the Ferdinand Aquino, Brgy. Kagawad, complainant versus Carlito A. Baloy, Brgy. Captain, respondent on the Adm. Case No. 03 (06-11-09). (Referred to the Committee as a Whole and Committee on House Rules)

10. Malayang Salaysay ni Jorge P. Ulanday, nasa hustong taong gulang, Filpino at nakatira sa Purok 12, Barretto, Olongapo City na siya ay isang saksi sa kasong administratibo na isinampa ni Kagawad Ferdinand B. Aquino sa Sangguniang Panglungsod na may bilang na AC # 03 (06-10-09) laban kay Brgy. Capt. Carlito A. Baloy ng Barretto, Olongapo City. (Referred to the Committee on House Rules and Committee as a Whole)

11. Reply - Affidavit of Carlito A. Baloy, Punong Barangay of Barangay Barretto, Olongapo City regarding the Agustin Dataylo, Jr. & Dolorosa M. Damaso, Complainants, versus Brgy. Capt. Carlito A. Baloy, et. al., respondents on the Adm. Case No. 05 (06-11-09) for Violation of Republic Act No. 6713 now pending at Sangguniang Panlungsod, Olongapo City. (Referred to the Committee as a Whole and Committee on House Rules)

12. Reply - Affidavit of Carlito A. Baloy, Punong Barangay of Brgy. Barretto, Olongapo City on the Adm. Case No. 04 (06-11-09) Brgy. Kgd. Sotero Dabu, et., al., complainants versus Brgy. Capt. Carlito A. Baloy, et., al., respondents for Malversation and Diversion of Government Resources now pending at Sangguniang Panlungsod, Olongapo City. (Referred to the Committee as a Whole)

13. Answer of Carlito A. Baloy, respondent on the Sotero S. Dabu and Dolorosa M. Damaso, complainants, versus Brgy. Capt. Carlito A. Baloy on the Adm. Case No. 06 (06-11-09). (Referred to the Committee as a Whole)

14. Memorandum from Victor S. Bernabe, OIC, General Services Office, addressed to All Department Heads/Chief Of Offices regarding the Computer Inventory And Maintenance in compliance with the Memorandum of Service Agreement signed by the City Government of Olongapo and the ACTION LABS. (For information of everyone concerned with computers)

15. Memorandum from Angie Socorro S. Barroga, OIC, City Personnel Office, addressed to City Department/Office Heads/Division Heads regarding the Implementation of 5’S Program. A Facilitator from the Department of Trade & Industry (DTI), Zambales will be conducting the subject seminar for city government employees on July 9, 2009, 8:00 A.M. – 5:00 P.M. at the Admiral House, Tappan Park, Subic Bay Freeport Zone. (For information Dave Contreras, Esther Rabago and Dolores Valdez attended said seminar)

16. Memorandum from Angie S. Barroga, OIC, Personnel Office, addressed to the City Officials/|Employees regarding the Schedule of Annual/Physical Examination for the month of July 2009. Celebrators from this office are: Susan Fababier - July 6, Rowena Villanueva Cerezo - July 19 and Alejandro Ting - July 31, 2009.

17. Barangay Resolutions of Brgy. East Bajac-Bajac, both Series of 2009:

a. Resolution No. 19, “A Resolution Authorizing The Purchase of five (5) Units Of 2-Way Radios At Fifteen Thousand Seven Hundred Fifty Pesos (PhP15,750.00) Per Unit.” (Referred to the Committees on Peace and Order and on Appropriations for review)

b. Resolution No. 21, “A Resolution Authorizing The Punong Barangay To Enter Into An Agreement (MOA) Memorandum of Agreement With The St. Columban College Represented By Rev. Msgr. Crisostomo A. Cacho, VGPC, President To Allow The B.S. Nursing Students To Undergo Community Service At Upper Sibul I And II Of Barangay East Bajac-Bajac Within (5) Years.” (Referred to the Committee on Health for review)

18. Letter from the City Mayor, addressed to the Hon. City Vice Mayor and Members of the Sangguniang Panlungsod that pertains to the proposed resolution “Expressing Appreciation to the Association Of Fire Chiefs of Vernier, Geneva, Switzerland and their Emissaries Christian Hauswirth and Christian de Corvet, for Donating Firefighting Equipment and Training, and Further Recognizing Them as Olongapo City’s Partners in Public Service”. (For information and referred to the Committee on Peace and Order)

19. First Endorsement from the City Mayor addressed to the Sangguniang Panlungsod the copy of the deed transfer of ownership and acceptance of the vehicle from the United Nations Population Fund (UNFPA), represented by Suneeta Mukherjee to the City Government of Olongapo, represented by Mayor James Gordon, Jr. (Referred to the Committees on Transportation and Social Welfare)

20. Letter from Ernesto E. Ebilane, General Manager, ZAMODCA Transport Service Multi-Purpose Cooperative, Inc., addressed to the Hon. City Vice Mayor Cynthia G. Cajudo regarding the Annual Inspection of mini-bus units operated by ZAMODCA-TSMPCI scheduled last June 22, 2009 to July 1, 2009 inclusive, wherein some of the authorized units were not be able to comply with the basic and fundamental requirements due to circumstances beyond the control of his office. He is requesting for an extension of five (5) working days from July 13 to 17, 2009 inclusive to cause for the inspection. (Referred to the Committee on Transportation)

21. Memorandum from RD Renato L. Brion, CESO III addressed to OIC-PD Esperidion B. Calara, DILG, Province of Bataan, CD Eliseo P. De Guzman, DILG Olongapo City, PD Romeo Bulwag, DILG, Province of Tarlac regarding the CY 2008 Lupong Tagapamayapa Incentives Awards (LTIA) National Awarding Ceremonies, which will be held on July 30, 2009, 10:00 A.M. at Rizal Hall, Malacañang. He is requesting to inform the following local officials to attend the said affair, and for our city on the highly urbanized category Brgy. East Tapinac, Olongapo City, Hon. James J. Gordon, Jr., City Mayor, Lupon Chairman Benjamin A. Franco, Barangay Kagawads, Lupon Secretary, Lupon Members, Brgy. Treasurer and others concerned and to be submitted to the Regional Director the delegates not later than July 13, 2009 to ensure their inclusion in the masterlist of guests to be forwarded to Malacañang. (Referred to Councilor delos Reyes)

22. Letter from Engr. Marivic J. Nierras, Officer-In-Charge, CPDO, addressed to the Hon. City Vice Mayor Cynthia G. Cajudo attention: Ms Joy Niñonuevo regarding the Minutes of the recently conducted Process Documentation Workshop/Seminar under the Population and Development Strategies of the UNFPA 6th Country Programme, to remind of the Action Plan that they agreed on during the second day of activity. Deadline of submission: July 01, Finalized Process Documentation Matrix Outline and July 24 Presentation of the Draft Process Documentation.

23. Memorandum from Honorio Gomez, OIC, James L. Gordon Market and Mall Administrator for the Hon. City Mayor James Gordon Jr. regarding the Income Report For The Month Of June 2009 comparing the same to June 2008. There was an increase of PhP21,984.14 for this year. (Referred to the Committees on Ways and Means and on Markets)

24. Schedule of Mediation Proceedings regarding Adm. Case No. 03 (06-10-09), Ferdinand Aquino Brgy. Kgd. of Barretto, complainant versus Carlito A. Baloy, Brgy. Capt. of Barretto, respondent which will be held on July 15, 2009 at 1:00 P.M. and Adm. Case No. 04 (06-11-09), Brgy. Kgd. Sotero Dabu, et. al, complainants versus Brgy. Capt. Carlito A. Baloy et. al., respondents at 1:30 P.M. Agustin Dataylo, Jr. and Dolorosa M. Damaso complainants vs. Brgy. Capt. Carlito A. Baloy, et.al, respondents on Adm. Case No. 05 (06-11-09) 2:00 P.M. and 2:30 P.M. Brgy. Kgd. Sotero S. Dabu and Dolorosa M. Damaso, complainants vs. Brgy. Capt. Carlito A. Baloy, respondents on Adm. Case No. 06 (06-11-09) all on July 15, 2009, which was submitted by Gina Ma. Legaspi, Secretary for Adm. Cases. (For information of everyone)

25. Memorandum from Councilor Gina Perez for The Hon. City Mayor James Gordon Jr. and Hon. City Vice Mayor Cynthia G. Cajudo and City Councilors regarding the proposal for the creation of Anti-Dengue Task Force. (For information and referred to the Committee on Health)

26. Memorandum from Neal C. Perez, Head, Business Permit & Licensing Office/Business One-Stop Shop (B.O.S.S.), addressed to All Concerned Departments/Offices/Agencies inviting them to join the training on ISO 9001:2008 on 21 to 24 July 2009 to be conducted by SGS Philippines, an accredited ISO Certification Body. (Referred to Joy Niñonuevo)

27. Promotional materials from Rizal Commercial Banking Corp. (For information)

28. City Mayor’s request for an appropriation ordinance amounting to PhP1,827,707.44 to augment the appropriation and the calamity fund for calendar year 2009. This is in relation to Ordinance No. 24, Series of 2009. (Referred to the Committee on Appropriations)

Committee Reports

As Chair of the Committee on Public Utilities, Councilor Manalo informed the members of the body regarding the already conducted consultation meetings and public hearing on the proposed modernization of PUD, on three separate occasions. The first hearing was held last 10th of June, 2009, with the Olongapo Business Club; the second hearing, on the 23rd of June, 2009, with the NGOs, composed of senior citizens, vendors association, urban poor association, muslim brotherhood association, consumer groups, and others; and on the 6th of July, 2009, a mass public hearing was held at the FMA Hall, attended by two hundred sixty-five individuals representing sectors and entities. The said public hearing had undergone due process, notices were sent to the 17 barangays, and the posting of public hearing notice in three conspicuous places with fifteen days posting period had been complied with.

Councilor Manalo stressed that the major issues raised during the said hearings/consultation were:

(1) Is there really a need to privatize the PUD?;

(2) How much is the present debt, and how it came about?;

(3) Possible rate increase, the process of increasing power rates. How

our constituents are protected from the possible rate increase?;

(4) Is our city government still capable of running this electric distribution

System?;

(5) As far as the general public is concerned, what are the advantages of

the proposed PUD privatization?;

(6) The numerous issues regarding the alleged corruption within the PUD

personnel.

With the help of our consultants the IFC, PUD personnel, and members of the city government, all those issues were answered, and essential facts were provided. He further said that as early as year 2002, the government has shown great effort with regard to the privatization of the PUD. Below are the approved resolutions for the said privatization:

(1) Resolution No. 184, Series of 2007;

(2) Resolution No. 118, Series of 2006;

(3) Resolution No. 91, Series of 2004;

(4) Resolution No. 90, Series of 2004;

(5) Resolution No. 72, Series of 2004;

(6) Resolution No. 66, Series of 2004;

(7) Resolution No. 154, Series of 2003;

(8) Resolution No. 143, Series of 2003;

(9) Resolution No. 142, Series of 2003;

(10) Resolution No. 131, Series of 2003;

(11) Resolution No. 123, Series of 2003;

(12) Resolution No. 14, Series of 2003;

(13) Resolution No. 121, Series of 2002;

(14) Resolution No. 113, Series of 2002;

(15) Resolution No. 110, Series of 2002;

In addition, the councilor relayed that findings and recommendations, collection inefficiency, and high system lost compared to ERC’s ceiling requirement, were identified as the main problems that burden the city in running the electric distribution system. Thus, privatization either by divestment / sale or Build-Operate-Transfer (BOT) is the most effective solution. According to him, a private-sector operator has the technical and professional expertise plus the financial resources to keep up with the tougher performance standards, and the increasing demand for electricity of a growing Olongapo City. With these, he said, the committee recommends for the approval of the proposed ordinance sanctioning the modernization of the Public Utilities Department (PUD) by way of privatization through divestment / sale or Build-Operate-Transfer (BOT) arrangements.

Calendar of Business

1. 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.”

Councilor Manalo moved for the approval of the above-mentioned ordinance with this addition “Whereas, it shall be insured that all terms and conditions in connection with any modernization and or privatization shall be favorable and beneficial to the City.”

The Presiding Officer asked the proponent whether the matter being discussed be a resolution or ordinance. A recess was called at 6:02 p.m., then at 6:12 p.m. and when the session resumed at 6:14 p.m., the body proceeded to discuss item no. 2 on second reading without prejudice to go back to the 1st item.

2. Draft Resolution No. 2009 R-063 – “A Resolution Calling All Barangays In The City To Create An Anti-Dengue Task Force.”

Councilor Perez stated that she already sent a memorandum to our City Mayor last 29th of June, 2009 requesting for the consideration for the Anti-Dengue Task Force. According to her, since this an executive function, this was referred to the Legal Office, which said that this can be created through the barangay councils. The councilor also requested for the opinion of the City Health Officer, and he disclosed that there is currently an ongoing campaign for dengue control in the city and that the task force will help strengthen the campaign, and made some suggestions, which they have to include in the draft proposal, as reference for the barangays. So, she appealed to the city councilors to approve the resolution to encourage the barangays to create or to formalize the Anti-Dengue program, by forming teams that will hopefully aspire for a zero dengue case in our city, especially now that rainy season is already coming. So, with these explanations, Councilor Perez moved for the approval of the measure.

The Presiding Officer asked the proponent if she is going to attach the anti-dengue task force objectives, compositions, and functions, as part of the resolution, or if this will be an executive order from the mayor.

Councilor Perez replied that as stated in the note from the legal office that it is really up to the barangays to create such team and that they can only recommend to the barangays if they want to create the task force. She added that she attached the information about the Anti-Dengue Task Force – its objectives, facts about dengue, the Philippines scenario, the local scenario, compositions, functions, and recommendations. She is highly recommending that the Committee on Health considers an ordinance creating the said task force with budgetary requirements, as suggested by the City Health Office.

With no other observations, Draft Resolution No. 2009 R – 063 was unanimously approved on its second and final reading, on motion of Councilor Gina G. Perez.

The Presiding Officer noted that Councilor Lugie Lipumano-Garcia asked permission to leave but she will try to make herself available later.

The body went back to tackle item no. 1.

Councilor Manalo explained further that after caucus with the majority party, they prefer that it should remain as an ordinance, by reason of weight of the subject and hierarcy of an ordinance. He added that since the issue being talked about is the privatization of the Public Utilities Department, which is a city property, he suggested that it should be an ordinance.

Since there were no more comments or suggestions, the body went into its votation. Seven in favor and Councilor delos Reyes opposing the measure. Councilor Garcia was out during votation.

Councilor delos Reyes, explained his vote. He believed that electricity has been a basic need, and the public interest of the city is involved in this service, so, he predicts that the privatization will cause the service to increase in rate. In the case of SBMA, their rate almost increased by eighty percent, and he does not want this additional burden on the people.

In relation, he also declared that concerning how the PUD is managed, they have to remove the scalawags and thieves first, and he tried doing that as a councilor. Now that for him “CANCER” has already stricken the PUD, he will definitely not vote for its privatization.

Without further deliberations, Draft Ordinance No. 2009 - O – 25 was approved by a majority vote, on its second and final reading, on motion of Councilor Jonathan G. Manalo.

3. Councilor delos Reyes moved for the approval of Draft Resolution No. 2009 R-071 – “A Resolution Urging All Barangays Of Olongapo City To Create The Barangay Human Rights Action Center (BHRAC) And To Convene The Barangay Human Rights Action Officers (BHRAO) As Mandated By The Department Of The Interior And Local Government (DILG) Memorandum,” which was approved unanimously on its second and final reading on motion of Councilor John Carlos G. Delos Reyes

4. Draft Resolution No. 2009 R-072 – “A Resolution Authorizing Honorable City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Agreement (MoA) Made By And Between The Department Of Trade And Industry (DTI) Represented By Its Secretary, Peter B. Favila And The City Government Of Olongapo Regarding The Development And Implementation Of The Philippine Business Registry (PBR).”

In the absence of Councilor Angelito Baloy, Councilor Perez is taking over and cited that she has the memorandum, dated 9th of July, 2009, from Councilor Baloy endorsing his proposed resolution for approval today. Councilor Perez imparted to the body that part of the said memorandum is a request for Mr. Neal Perez, head of the BPLO, to address the questions and concerns of the City Council members regarding the draft resolution.

The Presiding Officer acknowledged the presence of Mr. Neal Perez, and said that if there are questions with regard to the pending matter on the floor, they can directly ask him.

Councilor Piano mentioned that the Philippines Business Registry is allowed to go on with the project. In fact, he was impressed with the presentation last week, so, when he was about to register his business, he went to the Philippine Business Registry portal. He explained that it is an online business registration project. The councilor said that he filled-up all the online forms, which took him about thirty minutes to complete, since the system is slow. After completing the registration process, he said that one will be receiving an email informing that you will have to print out and bring the form to the nearest DTI Office, where they will capture and upload all the information into their database. The councilor personally went to the DTI Office, and was surprised when the staff informed him that the business registry project is not working. He disclosed that after this unfortunate incident, he felt that all the time and effort that he spent filling-up those online forms in the business registry website were all just put in vain. But the councilor remarked that in general, he observed that it is a good project, but is not yet working. Supposedly, if the Philippine Business Registry site is already finalized, the processing of the online forms will only take up to 24 hours only. He added that they will support the project, provided they fix the existing problems first.

The Presiding Officer asked if there are questions for Mr. Perez.

Mr. Perez replied that with regard to the comment of Councilor Piano, he explained to the City Council members that the Philippine Business Registry project is still under development. According to him, the partner of DTI for this project is Sun Microsystems, and he understands that they haven’t perfected the system yet. So, while perfecting the system, on our side, we still have to develop our system to co-inside or to link with the main system, so, we could use this time to enhance our internal system for us to lead in this PBR system. He added that several LGUs like Caloocan, Mandaluyong, Manila, and others in Metro Manila, have tried the said system. They noticed that there were some bugs in the system, which is understandable. Even the Business Registration System that the DTI is currently using has undergone several changes before it was implemented. Mr. Perez pointed-out that they still have to review if the PBR system will be compatible with the different systems used by the LGUs, as well as other systems being employed by other national government agencies such as the BIR, DTI, SSS, PhilHealth, and so forth.

Councilor Piano stated that since Mr. Perez is the one coordinating with the DTI, he suggested that since the system is still under development, the developers should inform the users. In his case, he was made to believe that the system was running efficiently, only to know afterwards that it is still under construction. In a way, the councilor felt that as if he was deceived. He reported to his colleagues that for confirmation, they themselves may visit the business registry web site and he is sure that they will come across the same observations, and warned them that it is underdevelopment. He implied that the developers placed a disclaimer on their web site. He opined that this is unfair to those who are just paying for Internet access in Internet cafés, or looking forward to fair service from the government. He told Mr. Perez that since he is the one who is coordinating with the national government, he might as well notify them of this observation.

Mr. Perez replied that he already noted the suggestions of Councilor Piano, and will try to communicate the problem to the DTI.

In return, the Presiding Officer queried to Mr. Perez if the Business Permit Section is already automated.

Mr. Perez retorted that they have approved the ULIS project, which is a component of the Business Permit Licensing System, the Property and Tax System of the Assessor’s Office, as well as the Treasury Operating System of the City Treasurer’s Office. In relation, he declared that with regards to the implementation of the BPLS, it is already hundred percent running that is why they are now opening their systems, like the BPR, for linking.

The Presiding Officer asked Mr. Perez to clarify if the only problem missing is linkage, and if they already have the data as well.

He answered that the MIS is included in the project, and the technical data regarding system linkage will be properly addressed by the MIS manager.

Since there were no other question raised, Draft Resolution No. 2009 R – 072, was unanimously approved on its second and final reading, on motion of Councilor Gina G. Perez.

5. Draft Resolution No. 2009 R-073 – “A Resolution Conveying Aversion To Various Advertisements Currently Placed In National Media Promoting Political Personalities,” was tabled by the body, pending its further study, on motion of Councilor Gina G. Perez.

Other Matters

A. Draft Resolution No. 2009 R-074 – “A Resolution Expressing Appreciation To The Association Of Fire Chiefs Of Vernier, Geneva, Switzerland And Their Emissaries Christian Hauswirth And Christian De Corvet, For Donating Firefighting Equipment And Training, And Further Recognizing Them As Olongapo City’s Partners In Public Service,” was considered by the body as an urgent matter and was approved unanimously on its second and final reading, on motion of Councilor Jonathan G. Manalo. Unanimous Sponsorship

B. Draft Resolution No. 2009 R-075 – “A Resolution Ratifying The Memorandum Of Understanding (MOU) Entered Into By And Between The City Government Of Olongapo Represented By Mayor James Gordon, Jr. With P.R. International Development Enterprise, Inc. Represented By Its President Alexander Zusik,” was considered by the body as an urgent matter, on motion of Councilor Edwin J. Piano.

The councilor recapped that this project was part of the success during the trip of Mayor Bong Gordon, with the President, to Russia about three weeks ago. So, after the trip, the Mayor was able to connect with a prestigious and world – class architectural firm, which has six – star resorts in different parts of the world, and invited them to invest here in Olongapo City. So, last week, they visited our city twice and were convinced that out city is indeed beautiful, and have given their intentions to invest by way of creating six – star resorts, including condominium villas.

The councilor also disclosed that they have learned that it’s a Russian practice that whenever they go overseas to personally inspect their prospective investment, their representatives has to go back to their country with the written understanding that indeed they are welcome to put up investment in a particular location.

In addition, he communicated that the Mayor signed the Memorandum Of Understanding (MoU), especially to continue the study with regards to setting up resorts and condo villas here in Olongapo City. He also said that there were some agreements later on concerning the specific projects that the Russians will be carrying out.

The Presiding Officer commented that every body should have a copy of the memorandum, which will be an integral part of the resolution.

With no other questions raised, Draft Resolution No. 2009 R – 075 was approved unanimously on its second and final reading, on motion of Councilor Edwin J. Piano.

C. “An Ordinance Approving And Appropriating The Amount Of One Million Eight Hundred Twenty-Seven Thousand Seven Hundred Seven And 44/100 (PhP1,827,707.44) For The Mandatory 5% Calamity,” was considered by the body as an urgent matter, on motion of Councilor Jonathan G. Manalo.

The proponent explained that last 17th of June, 2009, Ordinance No. 24, Series of 2009, about the PhP34 Million supplemental budget was approved by this body. During the training in Fontana, Clark, the Department of Budget and Management (DBM) required the inclusion of the five percent calamity fund, amounting to PhP 1.8 M, in the supplemental budget. He added that the City Treasurer already issued the certificate of availability of funds.

Without further deliberations, the aforementioned Draft Ordinance was unanimously approved on its second and final reading.

D. “A Resolution Expressing Felicitations To Bro. Mike Z. Velarde, Servant Leader Of El Shaddai And Sis. Belen Velarde, On The Occasion Of The Holding Of A Mass And Healing Rally Held At Remy Field, Subic Bay Freeport Zone (SBFZ) On July 9, 2009,” was considered by the body as an urgent matter and was approved unanimously on its second and final reading, on motion of Councilor Edwin J. Piano. Sponsored Unanimously.

E. “A Resolution Extending Profound Felicitations And Congratulations To The Iglesia Ni Cristo (INC) On The Occasion Of Its 95th Year Anniversary,” was considered by the body as an urgent matter and was approved unanimously on its second and final reading, on motion of Councilor Rodel S. Cerezo. Unanimous Sponsorship

F. Councilor delos Reyes said that he wanted to get some updates regarding the Driftwood Beach incident, as well as the child who was killed.

The Presiding Officer asked him to clarify if he wants to get some reports concerning those matters.

Councilor Cerezo imparted to his colleagues that the body of the victim was found at Elicaño Street, and all the suspects were already captured. At the same time the motor used in the crime was impounded. According to him, the cadaver had already been autopsied. The case was already referred to Colonel Albayalde to find out if the victim was killed through accident, or if there is any foul-play surrounding the death of the subject. The report regarding the investigation will be given to the city council as soon as possible. He also expressed that the surname of the victim is Quinto, and the remains will be interred on Sunday. In addition, Councilor Cerezo said that the PNP is currently investigating, and Colonel Albayalde will present the results as soon as they are through with the investigations.

In concurrence, Councilor Dabu informed her contemporaries that the victim is actually the daughter of one of her employees in Royal Duty Free, who cooks for her.

According to her, the victim is sixteen years of age, and currently employed in Mart One as sales lady. At around 8:15 in the evening, the subject left Mart One to go home to their residence in Elicaño Street. The investigators found her umbrella and bag along the same route she takes by every day, however, her body was found in 21st Street, in front of Mr. Suanez’ residence. A witness moreover, confirmed that he saw a tricycle driver allegedly dumping some thing in the garbage bin. The witness revealed that the tricycle driver was driving a green tricycle. Unfortunately, the eyewitness was not able to recall the body number on the suspect’s tricycle, but was able recollect though that the surname “RASON” was printed at the back of the suspect’s shirt. They immediately brought the victim to the hospital, who was still alive at that instance. According to the doctors who examined her, they confirmed that aside from the injuries the subject have sustained from the accident, they found out that she was stabbed in the side, have lots of scratch marks, and her head was bashed. According to Colonel Albayalde, they went to the crime scene with victim’s parents. Witnesses claimed that no accidents whatsoever occurred along Elicaño Street during the time of the murder, contrary to the statements of the suspects that they unintentionally hit the subject while riding their tricycle, and the victim’s body was dragged to 21st Street due to the force of the impact.

She added that the results of the autopsy will be given the following day. The City Mayor James L. Gordon, Jr. helped the family of the victim. The parents went to the hospital to obtain the Medico-Legal Certificate and Death Certificate. Colonel Albayalde will be issuing the official results of the autopsy to the City Mayor tomorrow.

The Presiding Officer requested Councilor Dabu to extend the sentiments of the City Council to the bereaved family of the victim. She mentioned that they are saddened by this very unfortunate incident.

After Councilor Dabu’s report, the Presiding Officer asked anyone from the body who can give information regarding the Driftwood incident.

There being none, she proceeded with other matters.

Councilor Cerezo asked the Presiding Officer if they can have a deliberation regarding the case after their session.

The Presiding Officer corrected Councilor Cerezo’s previous statement and said that it is actually cases. She further said that the committee decision that the councilor mentioned two sessions ago, with regards to the completion of the case of Capt. Baloy, had already been signed by Gina. She queried if it had been completed already and if they had already signed the decision, before serving the same.

Councilor delos Reyes put across that he likes to remind the members of the council that those council members who prefer to inhibit in this deliberation for the resolution of the administrative case against Capt. Baloy must submit a formal written explanation explaining their position on this case. According to him, it is their duties to be quasi-judges and they cannot shirk that duty. Now, if there is a reason for them to inhibit, then they should write an explanation so they can deliberate whether their grounds is reasonable and legal. He also cited that with regard to whether they will raise the case of Capt. Baloy to the DILG, while the Local Government Code states that it is their duty to hear administrative cases involving elected barangay officials, under the Administrative Law, administrative cases should be carried out by an impartial tribunal.

The Presiding Officer said that if she is not mistaken they already served summons in relation to these aforesaid cases, so, it is incumbent upon this body to act on the summons they had served, and this is how they will go through this matter.

Councilor delos Reyes replied that they have to do it properly and not let things put them under pressure. He commented that they have to be fair, and if some body needs to be penalized, they have to go about this process properly. He does not want them to be pressured.

Councilor Cerezo asked if they will be including the case filed by Kagawad Sotero Dabu, since most cases are still pending.

The Presiding Officer answered that they will be including all the four cases that were newly filed, and asked who will write down the minutes of the executive session. She suggested that Atty. Batch join them, for legal matters. She advised Gina to stay, in case they would be needing her assistance.

Adjournment

There being no other matters to be discussed, the session was adjourned at 7:00 o’clock in the evening.

I HEREBY CERTIFY TO THE

CORRECTNESS OF THE FOREGOING:

ELFLIDA S. SALMON

Council Secretary

ATTEST:

CYNTHIA G. CAJUDO

City Vice-Mayor & Presiding Officer