2009 R - 131 - REITERATING THE REQUEST OF THE CITY OF OLONGAPO TO THE LTFRB THRU CITY COUNCIL RESOLUTION NO. 36 SERIES OF 1989

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON SEPTEMBER 9, 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. 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. Rodel S. Cerezo - - - - - - City Councilor

Hon. Sarah Lugerna Lipumano-Garcia- - - “ “

Hon. Angelito W. Baloy - - - City Councilor

(Vacation Leave)

RESOLUTION NO. 131

(Series of 2009)

A RESOLUTION REITERATING THE REQUEST OF THE CITY OF OLONGAPO TO THE LAND TRANSPORTATION FRANCHISING REGULATORY BOARD (LTFRB) THRU CITY COUNCIL RESOLUTION NO. 36 SERIES OF 1989 ENTITLED; “A RESOLUTION REQUESTING THE LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD (LTFRB) TO COURSE ALL APPLICATIONS FOR CERTIFICATE OF PUBLIC CONVENIENCE FOR OLONGAPO CITY THROUGH THE OFFICE OF THE CITY MAYOR FOR APPROPRIATE ENDORSEMENTS AND TO DECLARE OLONGAPO CITY AS A “SATURATED AREA” FOR PUBLIC UTILITY VEHICLES”

WHEREAS, Olongapo City is already hosting bus companies and transport cooperatives such as the Victory Liner, Saulog Transit, Arayat Transport, ZAMODCA, shuttle vans and taxis that travel to major destinations in Central Luzon, Baguio, Cavite and Metro Manila. There are more or less 400 buses and mini-buses that provide services to and from Olongapo City;

WHEREAS, it has come to our knowledge that the LTFRB has approved a bus service to and from Olongapo City with 15 buses of Genesis Transport to serve commuters. However, it was found out that in the process of such application, the bus line has not undergone consultation from the local government to which it will ply, in this case the Olongapo City Government, nor has sought endorsement from its leadership and the City Council and yet the LTFRB has granted its franchise;

WHEREAS, the endorsement of any additional land transport service in the City of Olongapo must undergo the established procedure of the proponent writing a letter of intent to the City Government and the City Council will deliberate on the merits for the endorsement of a certificate of public convenience service as manifested in City Council Resolution No. 36 Series of 1989 entitled “ A Resolution Requesting The Land Transportation Franchising And Regulatory Board (LTFRB) To Course All Applications For Certificate Of Public Convenience For Olongapo City Through The Office Of The City Mayor For Appropriate Endorsements And To Declare Olongapo City As A “Saturated Area” For Public Utility Vehicles”;

WHEREAS, Chapter 3, Section 25 – b of the Local Government Code provides; “National agencies and offices with project implementation functions shall coordinate with one another and with the local government units concerned in the discharge of these functions. They shall ensure the participation of local government units both in the planning and implementation of said projects”. And, under Section 455, (b)(1) xvi: “Call upon any official or employee stationed in or assigned to the city to advise him on matters affecting the city and to make recommendations thereon; coordinate with said official or employee in the formulation and implementation of plans, programs and projects; and, when appropriate, initiate an administrative or judicial action against a national government official or employee who have committed an offence in the performance of his official duties while stationed in or assigned to the citys”;

WHEREAS, paragraph 3 of the said City Council Resolution No. 36 Series of 1989 states that a verbal agreement was forged among then Chairman Remedios Salazar Fernando of the National Land Transportation Franchising and Regulatory Board, Director Lino D. Lomongo of the LTFRB, Region III and Mayor Richard J. Gordon of Olongapo City to the effect that no franchise to operate a public utility vehicle in Olongapo City shall be considered without the corresponding endorsement from the Mayor of Olongapo City;

WHEREAS, the same application should be reviewed by the City Planning and Development Office as well as the Office of Traffic Management and Public Safety with regard to the impact of the new bus transport service to the local traffic in terms of its proposed terminal and route. Furthermore, a study must be done on the significance of an additional bus firm to the existing companies that already serve the community;

WHEREAS, the approval of LTFRB of a new bus company to ply within the territorial jurisdiction of Olongapo City without the knowledge and endorsement of the Olongapo City Government will have dire effects on the local economy and the community as well in terms of traffic congestion and pollution;

NOW, THEREFORE, on motion of Councilor Aquilino Y. Cortez, Jr. with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled to reiterate, as it hereby reiterates the request of the City of Olongapo to the Land Transportation Franchising Regulatory Board (LTFRB) thru City Council Resolution No. 36, Series of 1989 entitled; “A Resolution Requesting The Land Transportation Franchising And Regulatory Board (LTFRB) To Course All Applications For Certificate Of Public Convenience For Olongapo City Through The Office Of The City Mayor For Appropriate Endorsements And To Declare Olongapo City As A “Saturated Area” For Public Utility Vehicles.”

APPROVED UNANIMOUSLY, September 9, 2009.

CYNTHIA G. CAJUDO

City Vice-Mayor & Presiding Officer

GINA GULANES-PEREZ JOHN CARLOS G. DELOS REYES

City Councilor City Councilor

RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA

City Councilor City Councilor

(Absent) (Absent)

EDWIN J. PIANO ANGELITO W. BALOY

City Councilor City Councilor

(Vacation Leave)

AQUILINO Y. CORTEZ, JR ANSELMO A. AQUINO

City Councilor City Councilor

ELENA C. DABU JONATHAN G. MANALO

City Councilor City Councilor

CHEENEE F. HOYA

SK Federation President

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