Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON AUGUST 10, 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. 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. Angelito W. Baloy - - - - - - - - - - -City Councilor (Sick leave)

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

Call to Order

The City Vice-Mayor and Presiding Officer Cynthia G. Cajudo called the session to order at 3:00 in the afternoon.

Roll Call

With ten (10) City Councilors 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 July 15, 2009 was adopted unanimously by the body.

Reading and Approval of the Day’s Agenda

There being no items for the first reading, Councilor Rodel S. Cerezo read the items on 2nd reading, to wit:

Second Reading:

1. Draft Resolution No. 2009 R-080 – A Resolution Ratifying The Deed Of Transfer Of Ownership And Acceptance Of The Vehicle Donated By The United Nations Population Fund (UNFPA) To The City Of Olongapo For Use In The Implementation Of The 6th Country Program On Population Strategy. Sponsored by Councilor Aquilino Y. Cortez, Jr.

2. Draft Resolution No. 2009 R-082 – A Resolution Designating Mr. Edward A. Artis As An “Ambassador Of Goodwill For Olongapo City.” Sponsored Unanimously.

3. Draft Resolution No. 2009 R-083 – A Resolution Commending Barangay Sta. Rita Rescue Unit For Winning The Regional Kalasag Urban Categories. Sponsored Unanimously

4. Draft Resolution No. 2009 R-085 – 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 Lyceum Subic Bay Represented By Its President And CEO Alfonso E. Borda For The Affiliation And Training Of Its Nursing Students At The James L. Gordon Memorial Hospital. Sponsored by Councilors Angelito W. Baloy and Jonathan G. Manalo.

5. Draft Resolution No. 2009 R-086 – A Resolution Authorizing The Honorable City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Agreement (MOA) By And Between The Olongapo City Health Office And Lyceum Subic Represented By Its President And CEO Alfonso E. Borda For The Training Of Its Nursing Students In Fulfillment Of Their Course Requirements. Sponsored by Councilors Angelito W. Baloy and Jonathan G. Manalo.

Councilor Edwin J. Piano moved for the inclusion of the following items under first reading:

1. A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Understanding (MOU) With The New Kanlaon Construction Corp., Represented By Atty. Walter Young For The Guam Build-Up Project. Sponsored by Councilor Edwin J. Piano. (Referred to Committee as a Whole).

2. A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Understanding (MOU) With The TCM International Manpower, Represented By Ms. Cristina Roque For The Guam Build-Up Project. Sponsored by Councilor Edwin J. Piano. (Referred to Committee as a Whole)

3. A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Understanding (MOU) With The LCR Manpower Corp., Represented By Mr. Pyng Urbano For The Guam Build-Up Project. Sponsored by Councilor Edwin J. Piano. (Referred to Committee as a Whole)

4. A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Understanding (MOU) With The Bellestar Promotion Inc., Represented By Ms. Bella Dimayuga For The Guam Build-Up Project. Sponsored by Councilor Edwin J. Piano. (Referred to Committee as a Whole)

5. A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Understanding (MOU) With The Goldmarc International Career Corp., Represented By Mr. Manuel Arce For The Guam Build-Up Project. Sponsored by Councilor Edwin J. Piano. (Referred to Committee as a Whole)

6. A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Understanding (MOU) With The Philippine Association of Service Exporters Inc., Represented By Mr. Victor E.R. Fernandez, Jr. For The Guam Build-Up Project. Sponsored by Councilor Edwin J. Piano. (Referred to Committee as a Whole)

With no other observations / comments, the body approved and adopted unanimously the items on first and second reading, as amended.

Communications and Referrals of Business

Communications Read:

1. Letter from Eduardo B. Manzano, Chair and Chief Executive Officer, Optical Media Board addressed to Elflida S. Salmon, Council Secretary, Olongapo City, congratulating the Olongapo City Council on the passing of Resolution No. 75, Series of 2009 and its drive to eliminate the proliferation of scandalous materials in the country. (Furnish copies to everyone)

2. Copy of Ordinance No. 3, Series of 2009, of Barangay West Bajac-Bajac, Olongapo City entitled “An Ordinance Amending Certain Sections Of Ordinance # 1 Series of 2005 Entitled “ An Ordinance Formalizing And Ratifying The Standard Rules And Regulations In The Administration Of The West Bajac-Bajac Public Market And Setting Penalties To Violators Thereof.”” (Referred to the Committee on Markets)

3. Thank you Card from the bereaved family of Atty. Pedro L. Ela, who passed away last July 19, 2009. (For information)

4. Letter from Councilor John Carlos G. delos Reyes addressed to the City Vice Mayor and Presiding Officer regarding the Regular Session of the City Council that was cancelled and moved to a different time and date without proper notice nor reason the latest of which was last July 28, 2009. This date there was a notice but it was not proper since it did not comply with the Local Government Code nor the House Rules. He respectfully reiterated Resolution No. 65 Series of 2007 entitled: “A Resolution Adopting The Revised Internal Rules Of Procedure For The Sangguniang Panlungsod Of Olongapo,” under Rule VI – Regular And Special Sessions, Section 10 A written notice to the Sanggunian members stating the date, time, and purpose of the session shall be served personally or left with a member of his household of majority age at his/her usual place of residence at least twenty four (24) hours before the Special Session is held. He is requesting that the meetings/sessions he was deemed absent due to reasons above be corrected and that he be informed accordingly based on the Rules. (Referred to the Committee on House Rules)

5. 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 July 2009, Year 2008 to 2009. There was an increase of PhP50,621.00 as compared to last year. (Referred to the Committees on Health and on Ways and Means)

6. First Endorsement from the City Mayor addressed to the Hon. City Vice Mayor Cynthia G. Cajudo and Members of the Sangguniang Panlungsod the copy of the deed of transfer of ownership and acceptance of the vehicle of the United Nations Population Fund (UNFPA), represented by Suneeta Mukherjee to the City Government of Olongapo represented by City Mayor James Gordon, Jr.. (For information)

7. Letter from Aurora M. Ramos, CSD Manager, Subicwater addressed to the Hon. City Mayor James “Bong” Gordon, Jr. billing him the amount of Seven Hundred Sixty One Thousand Three Hundred Fifty Four Pesos and 27/100 (PhP761,354.27) for the July 2009 water consumption of various local government accounts as herein attached. This excludes water bill arrears outstanding as of June 30, 2009 inclusive of interest amounting to Four Hundred Thirty Eight Million Forty Seven Thousand And One Hundred Ninety Four Pesos And 50/100 Only (PhP438,047,194.50). (Referred to the Committee on Public Utilities)

8. Letter from Councilor Sarah Lugerna Lipumano-Garcia addressed to the Hon. City Vice Mayor Cynthia G. Cajudo which pertains to the Regular Session of the Sangguniang Panlungsod held last Monday, 03 August 2009. It has been noted to her office that a prior re - scheduling was made through a notice sent last 28 July 2009, stating that the regular session on 05 August will be moved in the morning at 9:00. However, the previous notice was superseded by another dated 03 August 2009, stating that: at the behest of the majority of the members of the council, session will be reset on 03 August 2009, 2:00 in the afternoon in view of the Presidential Declaration of a special non-working holiday on 05 August 2009”. She just would like to air her assertions being declared absent last 03 August 2009. It is stipulated in the Local Government Code of 1991 that upon the first session after assumption of office of the members of the sanggunian, the day, time and place of the regular session be resolved. In addition to that, in cases of special sessions called by the Local Chief Executive or by the Majority of the Members of the Council, a written notice shall be served personally at the members usual place of residence at least twenty-four (24) hours before the special session is held. (Referred to the Committee on House Rules)

9. Invitation from the Gawang Gapo on their 4th Year Anniversary to be held on August 10-31, 2009, 5:00 PM, Olongapo City Mall. (For information)

10. Letter from Maria Cristina R. Gonzales, Director II and Leah C. Villajuan, CPO President, Civil Service Commission, Zambales Field Office, Iba, Zambales addressed to the Hon. City Vice Mayor Cynthia G. Cajudo regarding the celebration of the 109th Philippine Civil Service Anniversary. The Civil Service Commission Zambales Field Office in coordination with the Council of Personnel Officers, Zambales-Olongapo City Chapter. They will be spearheading a Folk Dance (Maria Clara Inspired Dance) Contest for government workers in the province on September 18, 2009 to be held at the Olongapo City Convention Center. In this connection, they are requesting for financial assistance to provide for various expenses in the conduct of said competition. The Council of Personnel Officers will be issuing receipts for the donations. (Referred to the Committee on Appropriations)

11. Copy of Resolution No. 20, Series of 2009, of Barangay East Bajac-Bajac, Olongapo City, entitled: “A Resolution Authorizing For The Purchase Of (19) Cell Phones For Purok Leaders, Peace And Order Chairman, Delta Base And For The Punong Barangay.”(Referred to the Committee on Appropriations)

12. Memorandum from Perla C. Jacinto, Barangay Treasurer, Brgy. New Cabalan, Olongapo City, addressed to Hon. Mac Arnold Concepcion, SK Chairman, Olongapo City. This is in connection with the letter request forwarded to him by Hon. Mark Anthony C. Pasubillo dated March 12, 2009 and was received by him on March 16, 2009 regarding the three (3) Basketballs, eight (8) Nets, and Pins to include excess trophies with different sizes with no sticker as stated in the request. Since then they did not hear nor received response from him for the period of more than five (5) months now. At this point, he was ordered to return back the said item mentioned in the Letter - Request with in fifteen (15) \working days from receipt of her letter in order to avoid legal action against him. (Referred to the Sangguniang Kabataan Federation President)

13. Letter from Perla C. Jacinto, Barangay Treasurer, Brgy. New Cabalan, Olongapo City addressed to Hon. Mac Arnold Concepcion, SK Chairman acknowledging his demand letter claiming his unpaid salary for the period stated in his letter, however, he was advised to abide their by - laws and internal rules. (Referred to the Sangguniang Kabataan Chairman)

14. Letter from Prudencia C. Cruz, Director IV, The National Library, T.M. Kalaw Street, Ermita, Manila addressed to the Hon. City Vice Mayor Cynthia G. Cajudo informing her that the annual seminar-workshop of public librarians with the theme: Public Libraries Connect and Build Communities” will be held on November 4-5, 2009 at the National Library. T. M. Kalaw St., Ermita, Manila. (For information)

15. Memorandum from Punong Brgy. of Brgy. East Bajac-Bajac, this city Hon. Filipina A. Tablan to Hon. James Gordon, Jr. City Mayor, Olongapo City via Hon. Cynthia G. Cajudo, City Vice Mayor, Olongapo City, advising that she’s filling a complaint against Brgy. Kgd. Romeo Manalang for the following charges which had transpired in her office on July 31, 2009 at about 10:00 A.M., gross misconduct in office, violation of R.A.9262, direct assault upon a person in authority. Attached with this are witnesses’ sworn statements of what had happened last Friday at the Brgy. Hall. (Referred to Sub – Committee Two)

Committee Reports

None

Calendar of Business

1. Draft Resolution No. 2009 R-080 – “A Resolution Ratifying The Deed Of Transfer Of Ownership And Acceptance Of The Vehicle Donated By The United Nations Population Fund (UNFPA) To The City Of Olongapo for Use In The Implementation Of The 6th Country Program On Population Strategy,“ was approved by a majority vote of the body, on motion of Councilor Aquilino Y. Cortez, Jr.

Nine (9) members were in favor and one (1) opposed.

2. Draft Resolution No. 2009 R-082 – “A Resolution Designating Mr. Edward A. Artis As An “Ambassador Of Goodwill” For Olongapo City,” was opened for discussion on motion of Councilor Edwin J. Piano.

The Councilor read the content of the draft, along with the added information in it. It read as follows:

Whereas, Mr. Edward Artis as Chairman and co-founder of Knight Bridge International, an international organization engage in world-wide operations, assist persons, communities and national and local government units in improving the delivery of basic social services;

Whereas, Mr. Artis has been instrumental in facilitating transactions that benefited the City of Olongapo, which include procurement of social service equipment such as hospital beds and wheelchairs and other analogous amelioration projects including the latest one the six million donation from Switzerland which he helped facilitate its delivery;

Whereas, in recognition of his commitment to the noble causes pursued by the city’s leadership for the welfare of the people of Olongapo, Mr. Artis was named adopted son of the City of Olongapo pursuant to the City Council Resolution No. 40, Series of 2005;

Whereas, the impending transfer of US Military Base from Okinawa, Japan to Guam, USA is another opportunity for the city to avail of donations to be accepted by the City Government from the American and Japan governments;

Whereas, Mr. Edward Artis is a respected individual with expertise in rules, regulations and procedures in shipment of such donations;

Now, therefore, with the unanimous accord of members of Sangguniang Panlungsod present, resolved as it is hereby resolved by the Sangguniang Panlungsod in session assembled to designate as it hereby designates Mr. Edward Artis as an “Ambassador of Goodwill for Olongapo City.”

Councilor JC Delos Reyes asked who Mr. Artis is. The proponent informed the body that Mr. Artis is a long time friend of Olongapo City, Chairman and co – founder of Knight Bridge International. It is an international non – government organization which helps local government units particularly in the delivery of basic social services. From his recollection, Councilor Piano said that Mr. Artis helped the city in three (3) major activities. These were the delivery of hospital equipments like the electric beds among many others; next is the delivery of around 50 wheelchairs, and the latest is the donated six (6) million worth of equipments by the Swiss government, specifically the Swiss Association of Fire Chiefs. The councilor explained that the shipment of equipments from Switzerland to Olongapo City are governed by international and local rules and procedures like the Bureau of Customs procedures in receiving donations to avoid tax and duty charges. The city needed someone like Mr. Artis who is an expert in facilitating such transactions, because of his years of experience of doing the work not only for the Philippines but also for other countries. Presently, the equipments left by the U.S. Military at Okinawa opens donation opportunities, and Mr. Artis is the designated person to officially represent Olongapo when transacting with the U.S. and Japanese governments in order for the donations to reach the city.

In a follow-up question, Councilor JC delos Reyes said he has no problem recognizing people who helped the city, but, according to the Councilor, under the Administrative Code, the one who should represent the city in all cases is the City Mayor. He added that he is familiar with the term “Ambassador of Goodwill” because it was used several times before, and was used during his first term as a councilor in 1995 to 1998. What was not clear to him, so he posted a query, on what will become of Mr. Artis who is an adopted son of Olongapo, and now proposed to be an “Ambassador of Goodwill.” He further asked if the move will make Mr. Artis become a public official, and in what capacity will he represent the city. He, likewise, asked for the criteria which has to be met by the august body in order to rationally ‘propose’ that a certain person becomes an “Ambassador of Goodwill” or an ‘adopted son or daughter.’

Councilor Piano replied that the designation as ‘Ambassador of Goodwill’ is in somewhat an honorary capacity, not as an official who could speak for and sign for in behalf of the city. According to the councilor, the proposed resolution will give bearing to his presence when he negotiates with the U.S. and Japanese governments, but before Mr. Artis could finalize anything, he still have to return to the City Council to seek final approval.

Councilor JC delos Reyes said he is hesitant to vote for the measure for now if they plan to pass it since the criteria that should have been set before designating anyone is yet to be given. The said criteria would serve as basis in monitoring and for accounting afterwards. It will in turn protect the Council. The councilor further stressed his point that under the Revised Administrative Code, it is only the Mayor who can truly represent the city government of Olongapo.

Councilor Lugie Lipumano – Garcia asked for the nationality of Mr. Artis, and if he has NBI clearance.

Councilor Piano said that he understood the concerns of his colleagues. In response to the query, he said that he already met Mr. Artis thrice, and he personally vouched that the man is trustworthy, since Mr. Artis did not ask for anything in return for the previous transactions where he was able to extend assistance and help to the city. Councilor Piano relayed that Mr. Artis was the man who used to be in a coma, whom the city government employees offered a prayer for him during the flag ceremony. When he surpassed that ordeal, he was so thankful for the second chance that he committed himself to extending help. The councilor said that Mr. Artis is an American, a retired military man who was assigned to several encounters in the past.

Councilor Gina Perez suggested to just specify in the text the intent of the resolution on the reason for the designation. Councilor Piano noted the suggestion and mentioned that it will be emphasized in one of the ‘whereas’ paragraph that the title ‘Ambassador of Goodwill’ is not to be construed as a blanket authority but specifically for negotiating in behalf of the city.

Councilor Piano further discussed that Mr. Artis would initially check on equipments that will be left behind by the U.S. government at their Okinawa base in Japan. This will be beneficial for the city as it will save the budget needed for scouting of donations since it has been routinary for Mr. Artis voluntarily doing the work, which he does not only do for Olongapo, but for other beneficiaries as well.

Councilor JC delos Reyes again cautioned the body, but not judging on the person of Mr. Artis, in designating him as ‘Ambassador of Goodwill’ and on authorizing him to transact or negotiate for the city government. He stressed that it is only the Mayor who can represent the city, but the Mayor can send people in his behalf, but this should be properly done. According to the Councilor, if it is the aim of Mr. Artis to help, there are government items for consultants or items with an annual salary of one peso (PhP 1.00) because under the law, anyone who works for the government should be accountable so he can be charged if ever there will be anomalous transactions.

For the record, Councilor JC delos Reyes pointed that he will support the Mayor, but every aspect should be done in proper manner. He recommended that the matter should be resolved by the Council and the Mayor’s Office.

Councilor Lugie Lipumano – Garcia expressed that she agrees with the observation of Councilor delos Reyes.

The Presiding Officer declared a recess on motion of Councilor Edwin Piano.

RECESS – 3 : 35 P.M.

RESUME - 3 : 45 P.M.

Draft Resolution No. 2009 R – 082 was deferred by the body on motion of Councilor Edwin J. Piano, for further study.

3. Draft Resolution No. 2009 R-083 – “A Resolution Commending Barangay Sta. Rita Rescue Unit For Winning The Regional Kalasag Urban Categories,” was deferred by the body, on motion of Councilor Edwin J. Piano.

The draft needs to be re-written due to the latest development which is Barangay Sta. Rita winning the Hall of Fame Award in the National Gawad Kalasag. The present drafted resolution only tackles the Regional Gawad Kalasag .

4. Draft Resolution No. 2009 R-085 – “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 Lyceum Subic Bay Represented By Its President And CEO Alfonso E. Borda For The Affiliation And Training Of Its Nursing Students At The James L. Gordon Memorial Hospital. Sponsored by Councilors Angelito W. Baloy and Jonathan G. Manalo,”

Councilor Manalo said that the proposed measure was endorsed by the City Mayor and the draft MoA was already approved by the City Legal Officer. Lyceum of Subic Bay has complied with the requirements including their Board Resolution authorizing their president, Mr. Alfonso E. Borda, to enter into a MoA with the city government

Draft Resolution No. 2009 R – 085 was approved by the body unanimously, in its second and final reading, on motion Councilor Jonathan G. Manalo.

5. Draft Resolution No. 2009 R-086 – “A Resolution Authorizing The Honorable City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Agreement (MOA) By And Between The Olongapo City Health Office And Lyceum Subic Represented By Its President And CEO Alfonso E. Borda For The Training Of Its Nursing Students In Fulfillment Of Their Course Requirements. Sponsored by Councilors Angelito W. Baloy and Jonathan G. Manalo,” was approved by the body unanimously, in its second and final reading, on motion of Councilor Jonathan G. Manalo.

Other Matters

A. Councilor Edwin Piano moved for urgency items number 1, 2, 3, 4, 5, and 6 under the first reading.

All the proposed resolutions pertain to authorizing the City Mayor to enter into a Memorandum of Understanding with New Kanlaon Construction, TCM International, LCR Manpower, Bellestar Promotions, Goldmarc International, and Philippine Association of Service Exporters. The councilor said that the reason for urgency is the scheduled signing of the aforementioned Memorandum of Understanding, which is to be witnessed by officials from Guam and the Philippines. It will be done on Saturday, after the program for the opening of the George Dewey Medical and Wellness Center, which will be attended by the Guam Mayor, Vice – Mayor, and the Guam Council of Mayors. In fact, President Gloria – Macapagal – Arroyo is also scheduled to attend the said openings.

No objection from the body was heard, the motion was approved.

The Presiding Officer declared a recess.

RECESS – 3:55 P.M.

RESUME – 4:00 P.M.

Councilor Piano, in answer to the query about the Memorandum of Understanding, said that it consist of a general statement that the parties therein agreed to understand that they will have to cooperate / collaborate in the dissemination of information related to the deployment. Of Filipino workers to Guam including the preparations like the technical training, and their compliance with pertinent laws not only of the Philippines, but of the government of Guam and the United States. It was stated that the specific responsibilities of each entity will be articulated in a subsequent Memorandum of Agreement. Once a specific project starts with the company that shall win the bidding, then the Memorandum of Agreement on how each party would assist or work for efficient deployment of workers will be drafted.

Councilor Lugie Lipumano – Garcia asked if the employees would be placed under the DOLE and she asked about the visas of the employees.

As regards to the visa of the workers, Councilor Piano discussed that the application for the worker’s visa would be at the account of the employer. The employer will apply at the U.S. Embassy, through the approval of the Guam Governor, stating that they will require workers for their project. The councilor enumerated the necessary requirements such as : 1.) U.S. visa; 2.) passport; 3.) NBI clearance; and 4.) work experience. The usual contract given is for three (3) years. The salary is a little bit lower than in the U.S. mainland, but is higher as compared to the Middle East and other Asian countries.

Councilor JC delos Reyes queried if the move has POEA accreditation. He, likewise, asked for the policy direction of the city if it will assume the role of sub – contractor for the entities mentioned earlier, or if the city government will speak in behalf of the entities in terms of information dissemination on employment opportunities and consequently recommend the people to the said corporations. In that note, he urged his colleagues to give the policy direction of the city government a deep thinking. According to him, history might judge them, that instead of working hard to set up micro – enterprises and the small and medium business enterprises in Olongapo so that jobs will be pervasive here, that the opportunities are here, but what is happening is that they are sending the people abroad entails a number of social costs.

Councilor Edwin Piano answered the queries point by point. First he said that they checked on the companies’ accreditation and all are POEA accredited. Second, on the policy direction, the councilor said that sending people abroad really have many social effects stressed by Councilor JC delos Reyes. He said this because he recalled that during the birthday of the senator, one worker testified and thanked the senator for the training received and for the opportunity of having at Hanjin, but towards the end of his testimony, he expressed his desire to work in Guam. This actually saddened the senator. However, on the positive note, Councilor Piano said that in his viewpoint, being an overseas Filipino worker himself for five (5) years, he relayed that he considered his working abroad an opportunity not just in earning money, but a rich training ground since it is only there that one can learn to use advance technology, which are not found in our country. He said that it has helped his professional growth. The councilor added that it is not for lifetime that people will be sent abroad to work. In fact, it is the Mayor’s dream for the city to eventually venture on ship repair, and is already doing the preparations in the event Hanjin pulls out. Thus, the policy is still geared towards opening enough work and business opportunities here in our country, so that there will no longer be the need to work abroad.

To the query on the sub-contracting role of the city, the councilor said that this is not so, and said that the city is just being pro – active, so we will not miss to have a part on the 20 billion - dollar worth of opportunities to be opened.

Councilor JC delos Reyes asked if he can see the Memorandum of Agreement so he can read its content and see what the responsibilities and duties of the City Mayor are if he signs it.

Councilor Piano discussed that in the Memorandum of Understanding, possible legal repercussions are minimal like with regard to the stated task of both parties in the dissemination of information. It is in the second provision which states that “specific responsibilities of each entity will be articulated in a subsequent Memorandum of Agreement” where legal implications may be considered when parties fail to adhere and perform their specific tasks. According to the councilor, there were already two (2) previous Memorandum of Understanding ratified pertaining to the said project. One of which is the MOU with New Kanlaon Construction, which constructed a big part of the SCTEX. The said company’s projects in Guam are pipe laying and road construction. The councilor then emphasized that what was being asked for in the matter – at – hand is to authorize the Mayor to enter into an agreement to cooperate in the initial preparations for the Guam Build – Up Project.

Councilor JC delos Reyes commented that it is very convenient for the New Kanlaon Construction to have the city government do the information dissemination. He then suggested that if the city government wants to help people go abroad, it may opt to recommend directly to the United States government, not via any company.

Councilor Piano acknowledged and remarked that Councilor delos Reyes made a very good suggestion. He informed the body that as a matter of fact, the Guam Task Force for the local, named the Olongapo Base Task Force Guam, for the direct access instead of having to use a manpower agency. This was similar to the MOA with South Korea when its city helped send people there. However, based on the laws of the land, it is prohibited to send people direct to another country without the ratified Memorandum of Agreement. This is for the protection of the workers. Direct hiring just like the workers who left for the Middle East will have no agency to be accountable for them once problems arise. The agencies have bonds which can be used in case any worker under their accountability dies, meets an accident, or was deceived. The said bond will be used for repatriation. According to the councilor, there was a Memorandum Circular and Administrative Order prohibiting direct hiring unless with a Memorandum of Agreement with regard to the Guam Build – Up Project, agencies are not allowed to get placement fee, unlike in the regular POEA Policy approved by the government where the first month salary of the worker goes to the agency. This was why some agencies had second thoughts with the project because it would entail that they will pay for the placement fee. It was strictly emphasized by the U.S. government that agencies found to do against this agreement will automatically be banned.

Councilor Lipumano – Garcia asked if it was stated in the MOU that the constituents will first have to be screened by the city government before applying or if they can go straight to applying. Councilor Piano replied that the city government is only giving assistance, but applicants can go directly to the agencies. However, the councilor explained that before an individual can go to the United States to work as a construction worker, he / she has to train for an Occupational Safety and Health Certification. The training for the United States standard for Occupational Safety and Health Certification is not always offered here in the Philippines. A worker, who left without the said training, will have to wait for the schedule of the training before he / she will be allowed to start working. However, in the project, the city coordinates with the Philippine Association of Service Exporters, which has an accredited trainor, and the workers to be sent by the city under this program will readily undergo a one week training of the Occupational Safety and Health Program before leaving the country.

Councilor Lipumano – Garcia clarified that what she meant in her query was there will be no ‘palakasan’ system in the process of applying. Councilor Piano affirmed. He pointed that since the system is already computerized, the register or list of illegible applicants are posted in the computer, and it will be the employer who shall select whom they want to employ and notify them via e – mail, text message, or a letter. This was done in the Korean set - up, and the same process will be used for the Guam project.

Councilor Jong Cortez asked the proponent for the application requirements asked for in the project, if it includes the Voter’s I.D., Police, and NBI clearances.

Councilor Piano cleared that a Voter’s I.D. is not required. Instead, a valid passport with expiration date up to 2013 is needed from the illegible applicants since it will be a three (3) - year contract. The applicant screening is critical since workers will be issued a U.S. visa which would mean that they can go directly to the U.S. mainland without being questioned. After passing the interviews by the local agency and employer, the worker still needs to pass the interview at the U.S. Embassy. But, since it is the U.S. government which is in need of workers, they will be the one to adjust the specifications for the workers to pass the said interview. The target of the 20 -billion dollar project is for them to leave Okinawa by 2014.

According to the councilor, they are trying to be as transparent as possible. It was placed as a project by Mayor Bong Gordon so that if in case problems arise, there would be a responsible personality which the people can turn to.

Councilor JC delos Reyes commented that several provinces are sending workers for Hanjin project. For the record, he said that President Gloria Arroyo’s picture showing support in bringing Filipinos abroad like Dubai, it implies that we really failed as a government. The councilor said that the role of government is to provide opportunities here, and when one signals the message that people have to go abroad, the government defaults in its obligation. It should be aggressive in promoting businesses here, promote SBMA, fight corruption, and help in the barangays’ growth and its productivity centers. He said he wants to believe that the city government of Olongapo will fight for jobs here in the city, will fight corruption, and fight everything that is antagonistic to the kind of environment where the city is developing and not retrogressing.

Councilor Piano proposed that the related resolutions be approved in one votation.

The Presiding Officer requested the proponent to provide the attachments as to the identity of all the companies concerned. Councilor Piano said that he will attach the pertinent documents concerning the companies involve, and also the Memorandum of Understanding and the POEA accreditation.

The draft resolutions authorizing the City Mayor to enter into a Memorandum of Understanding with the companies of New Kanlaon, TCM International, Pyng Urbano Manpower Corporation, Bellestar Promotions, Goldmarc International Career Corporation, and the Philippine Association of Service Exporters were approved by a majority vote of the body, in its second and final reading, on motion of Councilor Edwin J. Piano.

Nine (9) members were in favor and one (1) opposed.

B. For the record, the Presiding Officer said that there was a communication received from the Subic Bay Water Regulatory Board dated August 10, 2009 addressed to the City Council and to the Vice – Mayor regarding the Subic Bay Water Regulatory accomplishment report for January to June 2009. She directed to provide a copy to the Committee on Utilities.

C. Councilor Rodel Cerezo opened for discussion the letters of Councilor JC delos Reyes and Councilor Lipumano – Garcia regarding the status of their attendance in the previous session dated August 03, 2009.

The Presiding Officer recounted that during their meeting the first notice was for an August 5 morning schedule of the Regular Session to discuss an important matter. However, the President declared August 05 as a non – working holiday, thus, the need to re-schedule the session. One of the objectives of the session was to pass a resolution of sympathies and condolences to the bereaved family of the former President Corazon Aquino, who was interned on August 05. It was then agreed that the body meet before that date. Since majority of the members have a very hectic schedule, on August 04, which is a Tuesday, the members agreed to meet August 03, a Monday. The Presiding Officer said that this explains why the notice was only given on August 03, 2009. She apologized for the short notice, but due to the urgency of the matter, it was necessary to be done.

The Presiding Officer declared a recess at 4:30 p.m., and when the session resumed at 4:35 p.m., Councilor Rodel Cerezo said for the record that the two councilors mentioned will be marked absent with double asterisk stating that due to the insufficient time for them o receive their notices was the reason for not being able to come.

This case was different with Councilor Baloy who was out during the votation.

Adjournment

There being no further matters to be discussed, the session was adjourned at 4: 37 in the afternoon, 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