2009 R - 100 - STRONGLY OPPOSING THE PASSAGE OF HOUSE BILL NO. 6303 AND CALLING FOR ITS OUTRIGHT REJECTION

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON AUGUST 3, 2009 AT THE CITY HALL.

PRESENT:

Hon. Cynthia G. Cajudo - - City Vice-Mayor & Presiding Officer
Hon. Gina Gulanes-Perez - - City Councilor
Hon. Rodel S. Cerezo - “ “
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. Cheenee F. Hoya- - - SK Federation President

ABSENT:

Hon. John Carlos G. Delos Reyes- - City Councilor
Hon. Sarah Lugerna Lipumano-Garcia- - “ “
Hon. Carlito A. Baloy - - President, Liga ng mga Barangay

RESOLUTION NO. 100
(Series of 2009)

A RESOLUTION STRONGLY OPPOSING THE PASSAGE OF HOUSE BILL NO. 6303 AND CALLING FOR ITS OUTRIGHT REJECTION

WHEREAS, the City of Olongapo, its officials and its inhabitants abide by the Constitution and the rule of law;

WHEREAS, on November 18, 2008, the Supreme Court in the case of “League of Cities of the Philippines v. COMELEC, et al,” has rendered a decision (the “Decision”) nullifying the cityhood laws of sixteen municipalities for violation of R.A. 9009 and the Constitution;

WHEREAS, the City of Olongapo fully supports and agrees with the Decision for being in accordance with the rule of law and the supremacy of the Constitution;

WHEREAS, the sixteen municipalities have caused the filing of House Bill No. 6303 which attempts by legislation to resurrect the exemption clause that has already been declared null and void by the Supreme Court with finality;

WHEREAS, House Bill No. 6303 is a blatant and contemptuous attempt to thwart and circumvent the ruling of the Supreme Court in the Resolution;

WHEREAS, House Bill No. 6303 has the same defect as the cityhood laws which renders it unconstitutional even if it becomes law;

WHEREAS, House Bill No. 6303 also violates the principle of separation of powers of the legislature and the judiciary by seeking to overturn the Supreme Court’s interpretation of R.A. 9009 and Sections 6 and 10 of Article X of the Constitution;

WHEREAS, House Bill No. 6303 will create havoc in the orderly system of conversion of municipalities into cities by establishing arbitrary and discriminatory standards in the application of the requirements under Section 450 of the Local Government Code;

WHEREAS, House Bill No. 6303 is not in accordance with the Constitution and the rule of law and should therefore be rejected outright;

WHEREAS, the City of Olongapo and its inhabitants have suffered continuous damage and injury due to the implementation of the unconstitutional cityhood laws;

NOW, THEREFORE, with unanimous accord of the Members of the Sangguniang Panlungsod of Olongapo, on behalf of its constituents and residents, hereby resolves to:

1. STRONGLY AND VEHEMENTLY OPPOSE the passage of House Bill No. 6303;
2. CALL for the outright rejection of House Bill No. 6303 for being void and unconstitutional; and
3. URGE the Honorable Members of the 14th Congress to uphold the rule of law and the principles laid down by the Supreme Court in the Decision in League of Cities of the Philippines v. COMELEC.

RESOLVED FURTHER, AS IT IS HEREBY FURTHER RESOLVED, by the Sangguniang Panlungsod in session assembled, to oppose, as it hereby opposes the passage of House Bill No. 6303 and calling for its outright rejection.

Let copies of Resolution be forwarded to Senate President Juan Ponce Enrile, Honorable House Speaker Prospero Nograles, the Chairman of the Senate Committee on Local Government, Sen. Benigno Aquino, II, Chairman of the House Committee on Local Government, Hon. George P. Arnaiz, all the Senators, and all the members of the Committee on Local Government for their favorable consideration and immediate action; and the authors of the House Bill and the LCP Secretariat for their information.

APPROVED UNANIMOUSLY, August 3, 2009.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer

GINA GULANES-PEREZ JOHN CARLOS G. DELOS REYES
City Councilor City Councilor
(Absent)

RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA
City Councilor City Councilor
(Absent)

EDWIN J. PIANO *ANGELITO W. BALOY
City Councilor City Councilor

AQUILINO Y. CORTEZ, JR ANSELMO A. AQUINO
City Councilor City Councilor

*out during votation

ELENA C. DABU JONATHAN G. MANALO
City Councilor City Councilor

CARLITO A. BALOY CHEENEE F. HOYA
President, Liga ng mga Barangay SK Federation President
(Absent)

ATTEST:


ELFLIDA S. SALMON
Council Secretary


APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.



JAMES GORDON, JR.
City Mayor

ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor