Minutes of Sangguniang Panlungsod Session

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON OCTOBER 14, 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. 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:

None.

Call to Order

The Presiding Officer Cynthia G. Cajudo called the session to order at 5:10 in the afternoon.

Roll Call

With all the City Councilors and the Presiding Officer present, a quorum was declared.

Reading and Adoption of Minutes

On motion of City Councilor Gina G. Perez, the Minutes of the Regular Session dated 23rd of September, 2009, was unanimously approved and adopted by the members of the body.

Reading and Approval of the Day’s Agenda

Before the approval of the day’s agenda, City Councilor Rodel S. Cerezo moved to dispense with the reading of the day’s agenda, since all of the City Councilors already have copies of the same. The motion was unanimously approved.

First Reading:

1. Draft Resolution No. 2009 R-118 – A Resolution Ratifying The Contract Of Affiliation (COA) Entered Into By And Between The City Government Of Olongapo And Lyceum Subic Bay Represented By Its President And CEO, Alfonso E. Borda, For The Training Of Its Nursing Students At The James L. Gordon Memorial Hospital. Sponsored by City Councilors Angelito W. Baloy and Jonathan G. Manalo. (Referred to the Committees On Education and on Health)

2. Draft Resolution No. 2009 R-119 – A Resolution Ratifying The Memorandum Of Agreement (MOA) Entered By And Between The Olongapo City Health Office Represented By The Honorable City Mayor James Gordon, Jr. And Lyceum Subic Bay Represented By Its President And CEO, Alfonso E. Borda, For The Training Of Its Nursing Students At The James L. Gordon Memorial Hospital. Sponsored by City Councilors Angelito W. Baloy and Jonathan G. Manalo. (Referred to the Committees on Education and on Health)

3. Draft Resolution No. 2009 R-120 – A Resolution Strongly Opposing The Passage Of House Bill Number 24 And Calling For Its Outright Rejection. Sponsored Unanimously. (Referred to the Committee as a Whole)

4. Draft Resolution No. 2009 R-121 – A Resolution Naming The Park In Front Of Gordon College And Olongapo City Public Library To Fil-Am Park. Sponsored by City Councilor Edwin J. Piano. (Referred to the Committee on Lands)

5. Draft Ordinance No. 2009 O-33 – An Ordinance Establishing Clinics In Public Elementary And Secondary Schools in Olongapo City. Sponsored by City Councilor Gina G. Perez. (Referred to the Committee on Health)

6. Draft Ordinance No. 2009 O-34 – An Ordinance Declaring December 7, 2009 As A Special Holiday In Olongapo City In Celebration Of The City’s 50th Turn-Over Anniversary From American Government And 26th Years Anniversary As Highly Urbanized City. Sponsored by City Councilor Edwin J. Piano. (Referred to the Committee as a Whole)

7. Draft Ordinance No. 2009 O-35 – An Ordinance Disallowing The Posting Of Billboards Along Fenced Area Of Anonas Bridge, West Bajac-Bajac. Sponsored by City Councilor Edwin J. Piano. (Referred to the Committee on Public Works)

Second Reading:

1. Draft Resolution No. 2009 R-094 – A Resolution Enjoining Local Government Units (LGUs), Subic Bay Metropolitan Authority (SBMA) And NonGovernmental Organizations (NGOs) Around Subic Bay To Participate In The Creation Of Subic Bay Waterways Council And Support The Projects Thereto. Sponsored by City Councilor Edwin J. Piano.

2. Draft Ordinance No. 2009 O-29 – An Ordinance Instituting Olongapo Product Center In The City, Creating A Policy Making Body, Establishing A Program For The Selection, Quality, Preservation, Packaging And Promotion Of Authentic Local Products And Providing Funds Thereof. Sponsored by City Councilor Gina G. Perez.

3. Draft Ordinance No. 2009 O-031 – An Ordinance Establishing Olongapo City Code of General Ordinances. Sponsored by City Councilor Edwin J. Piano.

4. Draft Resolution No. 2009 R-108 – A Resolution Confirming The Renewal Of Temporary Appointment Of Mr. Dante P. Ramos As City Government Department Head II (ESMO) SG – 26. Sponsored by City Councilor Edwin J. Piano.

5. Draft Resolution No. 2009 R-112 – A Resolution Authorizing The Honorable City Mayor James Gordon Jr., To Enter Into A Contract Of Affiliation (COA) By And Between San Lazaro Hospital Represented By Its Chief Of Agency, Arturo Cabanban, M.D. And Gordon College For The Affiliation And Training Of Its Nursing Students. Sponsored by City Councilors Angelito W. Baloy and Jonathan G. Manalo.

6. Draft Resolution No. 2009 R-113 – A Resolution Authorizing The Gordon College President Arlida M. Pame To Enter Into A Memorandum Of Agreement (MOA) By And Between Philippine Orthopedic Center Represented By Its Chief Of Hospital, Teodoro R. Castro, M.D. And Gordon College For The Training Of Its Health Science Students in Fulfillment Of Their Course Requirements. Sponsored by City Councilors Angelito W. Baloy and Jonathan G. Manalo.

7. Draft Resolution No. 2009 R-114 – A Resolution Authorizing The Honorable City Mayor James Gordon, Jr. To Secure A Department Of Environment And Natural Resources (DENR) Bathing Permit For Mayanga Island And Other Islands Surrounding Or Within The Jurisdiction Of Olongapo City. Sponsored by City Councilor Gina G. Perez.

8. Draft Resolution No. 2009 R-115 – A Resolution Acknowledging The Accomplishments Of City Councilors Anselmo A. Aquino And Edwin J. Piano And Indorsing Them To The Philippine Councilors League Award For Three Termer Councilors 2007-2009. Sponsored by City Councilor Gina G. Perez.

9. Draft Resolution No. 2009 R-116 – A Resolution Endorsing Carmelita B. Yco As Officer-In-Charge Of Department Of The Interior And Local Government (DILG) – Olongapo City In Lieu Of Permanent DILG City Director. Sponsored by City Councilor Edwin J. Piano.

10. Draft Resolution No. 2009 R-117 – A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Understanding (MOU) With Farland Personnel Management Corporation Represented By Mr. Rommel Asuncion For The Guam Build-Up Project. Sponsored by City Councilor Edwin J. Piano.

11. Draft Ordinance No. 2009 O-32 – An Ordinance Establishing The Title Of Olongapo City As “City Of Volunteers.” Sponsored by City Councilor Gina G. Perez.

City Councilor Edwin J. Piano manifested for the inclusion of an additional item under First Reading, entitled: “A Resolution Authorizing The Honorable City Mayor James Gordon, Jr. To Accept Donations From Guam Shipyard.” (Referred to the Committee as a Whole)

With no other observations/comments, the members of the body unanimously adopted and approved the day’s agenda, as amended.

Communications and Referrals of Business

Communications Read:

1. Letter from Engineer Pete Pedro de Jesus, and the residents of Canda St., East Bajac-Bajac, Olongapo City, addressed to the City Mayor James “Bong” Gordon, Jr. thru: (1) Hon. John Carlos G. Delos Reyes, Chairman, Committee on Laws, Complaints, Investigation, and Human Rights Protection, (2) Hon. Rodel S. Cerezo, Chairman, Committee on Peace and Order and Public Safety, (3) Hon. Aquilino Y. Cortez, Jr., Chairman, Committee on Traffic Management and (4) Hon. Angelito W. Baloy, Chairman, Committee on Health and Public Welfare, with reference to the complaint filed before the Barangay of East Bajac-Bajac, dated April 17, 2009, requesting to enforce and implement measures which will put order in the current J-13 (Tipo-New Cabalan) and J-07 (Dinalupihan-Olongapo Terminal). Attached to this letter is Resolution No. 06, Series Of 2008, of Barangay East Bajac-Bajac, entitled: “A Resolution For The Relocation Of Parking Area Of (OTTSCI) – Olongapo-Tipo Transport Services Cooperative, Inc.” (Referred to the Committee on Transportation and Traffic)

2. Memorandum from the City Mayor James Gordon, Jr., addressed to all Department/Office Heads, Section Chiefs, and all others concerned regarding the Submission of Accomplishment Report for the period 1 January 2009 – 15 October 2009, to the City Planning Office, copy furnished the City Budget Office, not later than 3rd of November, 2009. The report will contain the activities, projects, programs undertaken, number of outputs, and the outcome of such activity. Failure to submit will result to the delay of the release of the Departments’ remaining budget. (For compliance c/o Council Secretary and staff)

3. Memorandum from Anne Marie C. Gordon, Chairperson, City Fiesta Executive Committee, for all Barangay Captains, City of Olongapo, and all Department Heads and Chief of Offices, regarding the Presentation of Candidates for Miss Olongapo, which will be held on 23 October 2009, 3:00 P.M., at the FMA Hall, 2/F Olongapo City Hall Complex. (For information and guidance of everyone)

4. Memorandum from Angie Socorro S. Barroga, OIC, City Personnel Office, for all Department Heads , regarding the Weekly Department Heads Meeting, with the City Mayor, scheduled every Tuesday at the Ferdinand Aristorenas Hall, from 1:00 P.M. onwards, to discuss items of general interest, topics of achievements, certain obligations and financial setbacks, facilities projects, social services, and many others. (For information)

5. Memorandum Circular No. 2009-133, Department of the Interior and Local Government, A. Francisco Gold Condominium II EDSA cor. Mapagmahal St., Diliman, Quezon City, addressed to all Provincial Governors, City Mayors, Municipal Mayors, Punong Barangays and DILG Regional Directors of Regions VI, VII and VIII, regarding the 2009 NMYL Visayas Island Congress, which will be held on October 22-24, 2009 in Tagbilaran City. (For information and guidance)

6. Invitation from the Corona Management Center of the Philippines on their latest forum on Public Administration and Governance, on October 16, 17 & 18, 2009 in Bacolod City, and in six different dates and venues. (For information)

7. First Endorsement from the City Mayor James Gordon, Jr., addressed to the Hon. City Vice Mayor Cynthia G. Cajudo and Members, Sangguniang Panlungsod, the copy of the letter from Ellen R. Villar, Executive Vice President of the Metro Olongapo Chamber of Commerce, for the temporary closure of section of R.M. Drive, from Unity Fountain to Gordon Avenue, on Saturday, on 29-31 October 2009, in connection with the 2009 Olongapo City Mardi Gras. (For information of everyone and referred to the Committee on Traffic and Transportation)

8. Memorandum from Hon. Mac Arnold D. Concepcion, SK Chairman/Complainant, Lloyd D. Nicdao, Adviser/Complainant, addressed to the Hon. City Vice-Mayor Cynthia G. Cajudo and Sangguniang Panlungsod, Olongapo City, regarding the Administrative Complaint against Punong Barangay Audie S. Sundiam. (Referred to the Sangguniang Kabataan Federation President and to Sub-Committee 3)

9. Memorandum from Engineer Noel H. Yap, OIC-MIS, for the Hon. City Vice Mayor Cynthia G. Cajudo, regarding the Repair/Maintenance of Session Hall PC units. The memorandum says: “Due to the recurring problems of the PC units at the Session Hall, the following are recommended: (a) all PC units at the Session Hall are scanned and cleaned. Format if needed; (b) install legitimate Anti-Virus Software; (c) 1 PC unit beyond economic repair, unstable hardware needs replacement and regular backing-up of files be done by Session Hall staffs. (The matter has been discussed by the staff, MIS, and City Councilors).

10. Letter from Amethya DL. Koval, Department Manager, Ecology Center, Subic Bay Metropolitan Authority, addressed to the Hon. City Vice Mayor Cynthia G. Cajudo, regarding the Presentation of the Subic Bay Integrated Coastal Management Plan (ICMP), today, October 14, 2009, 3:00 P.M. This is in preparation for the forthcoming Water Summit in the Freeport on November 25-26, 2009 at the Subic Bay Exhibition and Convention Center (SBECC). (Referred to the Committee on Environment)

11. Copy of Resolutions of Barangay Kalaklan, Olongapo City, all Series of 2009, entitled:

a. Resolution No. 029, entitled: “A Resolution Granting Official Recognition And Equivalent Cash Award To Barangay Kalaklan Government Employees; Officials And Members Rendering Exemplary Service In The Barangay;” (For information and review and referred to the Committee on House Rules)

b. Resolution No. 031, entitled: “A Resolution For The Release Of The Calamity Fund Of Barangay Kalaklan To Be Used In The Post Calamity Clearing Operations Of Barangay Kalaklan In The Flooding Affected Areas Wrought By Tropical Depression “Labuyo” And Purchase Of Equipments For The Said Purpose Thereof Which Will Be Debited From The 5% Calamity Fund Appropriation Amounting To Seventy-Five Thousand Pesos (Php75,000.00);” (Referred to the Committee on Peace and Order for review)

c Resolution No. 032, entitled: “A Resolution Requesting Buhay Partylist Representative Congresswoman Carrisa “Iyay” Coscolluela To Appropriate Funds For The Construction Of Anticipated Projects Of Barangay Kalaklan For The CY 2009;” (Referred to the Committee on Appropriations)

d. Resolution No. 034, entitled: “A Resolution To Withdraw Funds For The Purchase Of Materials & Equipments To Be Used In The Clean And Green Activities Of Barangay Kalaklan In Connection With The City Wide Contest Of Olongapo City Entitled: Inter-Barangay Clean And Green Contest Amounting To Thirty Thousand Pesos (Php30,000.00) For The Purpose Thereof.” (Referred to the Committee on Environment for review)

12. Copy of the Memoranda on the Administrative Case No. 04/06-11-09 submitted by Eduardo M. Mendoza, Complainant’s Counsel. (For information of everyone)

13. Memorandum from Joseph Arnold C. Lopez, City Veterinarian, to the Hon. City Mayor James Gordon, Jr., regarding the Comparative Monthly Statement of Income for the month of September, 2009. There was an increase of Php8,690.00 as compared to last year. (Referred to the Committee on Ways and Means)

14. Copy of the letter from Punong Barangay Filipina E. Tablan, of East Bajac-Bajac, to the City Mayor, about the sketch prepared for pedestrian lanes at the said barangay to avoid accidents at the school vicinity, and to ease traffic congestion. (Referred to the Committees on Traffic for proper recommendation and study).

15. Letter from Angelito S. Baloy, President, Baloy Tricycle Drivers and Operators Association, Baloy Long Beach, Bo. Barretto, Olongapo City, to the Vice-Mayor Cajudo, writing in behalf of the tricycle drivers and operators to grant “body numbers” to all their members after payment of all legal fees and compliance with necessary requirements. (Referred to the Committees on Traffic and on Public Works for proper recommendations and study)

16. Letter from City Councilor Jong Cortez, dated October 13, 2009, to the City Mayor, endorsing the recommendations of the City Council Committee on Traffic Management and Transportation regarding colorum public vehicles within the City of Olongapo. (Referred to the Committee on Traffic)

17. Resolution No. 671 of the Sangguniang Panlalawigan of Zamboanga Del Norte, entitled: “A Resolution Strongly And Vehemently Opposing The Enactment By Congress Of The Bill Or Proposed Tax Law Charging/Imposing Tax On Text Messages.” (Referred to the Committees on Business and on Ways and Means)

18. The Alay-Lakad, which took place last Sunday. (For information)

Committee Reports

As Co-Chairman of the Local Price Coordinating Council, City Councilor Dabu reported about the supplies situation of basic and prime commodities in the city as of October 11, 2009. The City Councilor assured that the supplies are sufficient and the prices remain at the same level as they were before and, even after the calamity, except for the vegetables, which were reported to have suffered delays in delivery, especially those that are coming from Baguio City and Divisoria. Deliveries mostly come from the provinces of Vigan, Ilocos Sur, and Cabanatuan City. According to retailers, prices of vegetables are not stable because of limited supply, but assured that all stores remained open. With regard to the prices of grocery items sold in groceries and supermarkets, she informed the body that the prevailing prices of 555 Sardines is only Php11.50, Php11.75 for Young’s Town Sardines, Php12.50 for Mega Sardines, Php12.50 for Ligo Sardines, and Php12.00 for Master Sardines. The City Councilor advised that any increase in the prices of similar products can be reported to the DTI.

Continuing with her report, the City Councilor also informed everyone about the conduct of their monitoring on cheaper medicines in drugstores operating around Barangays East and West Bajac-Bajac, being conducted by her Committee with the Local Price Coordinating Council. They furnished these drugstores with copies of the Bill and a letter from the City Mayor, to make them aware of the existing law. The following drug stores were visited: Wiker Drugstore, Mercury Drug, Sheinchi Drugstore, Farmacia Esperanza, PT Drugstore, Botica 868, 7-11 Drugstore, Zambales Drug, Manson Drug Branches 3 and 2, Subic Freeport Drug, Mercury Magalang, and 2MMG Cooperative Drug.

Moving to another topic, City Councilor Dabu, being the Committee Chair on Social Services, recalled that the City Council just recently passed Resolution No. 93, Series of 2009, that authorizes the City Mayor to enter into a MOA with the Local Government Academy of the DILG on the Millennium Development Goal for Family-Based Action on Children and their Environs Project for Children in the Slum Areas. She further informed the Council that all the projects are about to commence, and they have already met with the beneficiaries who will avail of this project. All concerned held a meeting with the City DILG Director, Mr. Ely De Guzman; Mr. Randino Ledesma, Team Leader – Phases City Project Management Team; Barangay Captain Santulan of Barangay West Bajac-Bajac, which is one of the two Barangay beneficiaries of this project; and Mrs. Gene Eclarino of the CSWDO. Matters on situation analysis, community profile of the families in Mactan, poverty profile of the beneficiaries, signing of development goals, MDG-baseline for the child, and other issues were discussed. Approximately forty children are expected to benefit from the aforesaid project. A report on which of the project will be implemented, will be rendered next session. This will address the concerns on health and education of children and livelihood of every family.

In a bid to pursue the strengthening of the programs on Health and Education, City Councilor Perez laid a proposal for the setting up of health clinics in public elementary and secondary schools. Based on her personal observations, the Department of Education has assigned clinics in some schools, which is manned by a Health Coordinator, who is also a faculty member. In this proposal, her idea is to utilize the services of students taking-up courses in Nursing, Caregiver, and Nursing Assistant. This is to augment the deficiency in the number of personnel who will be assigned in school clinics. She said she is in the process of preparing the draft of the ordinance, after making consultations with the proper authorities such as: Dr. Arnildo Tamayo, City Health Officer; Dr. Tubban, James L. Gordon Memorial Hospital; Nurse Beriones; Mr. Vic Bernabe, GSO; Mr. Quimen of Gordon College; Michelle Ferrer, Division Nurse of DepEd; representative from Metro Subic Colleges; St. Joseph and Celtech Colleges. Copies of this draft will be furnished to each councilor for possible inputs.

According to the City Councilor, there are thirty-four elementary and secondary schools in the city. These clinics will be equipped with first aid kits and other health provisions required by the City Health Office, through the combined efforts of the city and the DepEd. She cited DepEd Order No. 8, Series of 2007, which provides 5% of the net income from the canteen operations in public schools will be used in the operation of school clinics.

She further cited that the students who will serve in school clinics could also attend in monitoring the health conditions of children, which is physical assessment, aside from first aid and emergency cases. This will also enhance the image of the city as “Child-Friendly City.”

Lastly, as SK Federation President, City Councilor Hoya announced to the body that they have been included in the SK National Federation Search for the 2009 Outstanding Sangguniang Kabataan Awards and Recognition (OSKAR). The Olongapo SK City Federation was chosen as one of the finalists under the highly urbanized city category. The search aims to give recognition to outstanding SKs, whose works and accomplishments have positively contributed to youth development in their respective localities. As a finalist, she said, the City Federation shall be subjected to actual validation by the members of the 2009 OSKAR Secretariat and Board of Judges, who will be visiting the city to validate their projects. The awarding will be held during the culminating night of the 2009 SK National Congress on October 27-30, 2009. City Councilor Hoya was hoping Olongapo will bag the title.

Calendar of Business

1. City Councilor Edwin J. Piano moved for the deferment of the first item under second reading, Draft Resolution No. 2009 R-094, entitled: “A Resolution Enjoining Local Government Units (LGUs), Subic Bay Metropolitan Authority (SBMA) And NonGovernmental Organizations (NGOs) Around Subic Bay To Participate In The Creation Of Subic Bay Waterways Council And Support The Projects Thereto.” The members of the body unanimously approved his motion.

2. City Councilor Gina G. Perez moved to discuss the proposed Draft Ordinance No. 2009 O-29, entitled: “An Ordinance Instituting Olongapo Product Center In The City, Creating A Policy Making Body, Establishing A Program For The Selection, Quality, Preservation, Packaging And Promotion Of Authentic Local Products And Providing Funds Thereof.”

The Presiding Officer declared a recess.

RECESS: 5:45 P.M.

RESUMPTION: 5:47 P.M.

After a brief recess, the proponent continued with the background of her proposal, citing Cebu and Davao as examples of producers of local products, popularly known for “danggit,” dried mangoes, durian, pomelos, and other products that are of export quality. With the creation of the Livelihood and Cooperative Development Office, thru Ordinance No. 50, Series of 2005, Olongapo City has a better prospect to develop and promote small enterprises to do business. The proponent enumerated the many functions of the Livelihood Office, which includes formulation of measures for approval, development of plans and strategies, and the implementation of livelihood programs on the barangay level.

Since the conceptualization of the program by the City Mayor in 2004, numerous products were given the opportunity to be displayed and sold at the Gawang Gapo Kiosk at the Olongapo City Hall Lobby, ranging from local delicacies to souvenir items.

As Chair of the Committee on Tourism, City Councilor Perez said that with the holding of the Annual Sibit-Sibit Festival and the Mardi Gras, as means to promote the city tourism, enhancing the local products of Olongapo could also strengthen the said promotion of city tourism.

The proponent is holding continuous consultations in order to further improve the drafting of the ordinance. There have been amendments made from the previous drafts from the inputs made by Ms. Aileen Cuevas. Other amendments from the previous drafts are: the City Mayor as the Chairman, the Committee Chair on Livelihood of the Sanggunian as Vice-Chairman, and the members from the Small and Medium Enterprises Development Council and the DTI, whom she is consulting on the matter regarding “One-Town, One- Product” (OTOP) Program. Further, the LCDO, the City Tourism, Business Permit and Public Affairs Offices shall be members. The Gawang Gapo Center shall be the venue for the transaction to be managed by the Livelihood Cooperative and Development Office, which is tasked to evaluate and study proposals. Any products recommended will be adopted through a resolution by the Sanggunian, and shall then be certified as Gawang Gapo.

Other important aspects of the program mentioned by the City Councilor includes quality preservation, following strict standards in assuring quality of raw products, product packaging, promotion, and its budgetary requirements.

With regard to the issue that there was no consultation on this proposal, City Councilor Perez stressed that certain procedures were followed to communicate the intention of the proponent, such as furnishing a copy of the draft ordinance to the Mayor’s, Administrator’s, Legal, Vice-Mayor, and City Council offices. Consultation with the Chair of the Committee on Livelihood was made, and details were made known through text messages. Her comment on the Executive Order, she said, is not sufficient because of its limited control as compared to issuing an ordinance because of its permanency. The act of the Sanggunian as mandated by law, similar to the creation of a task force. She further explained that appointing City Councilors to the Board should not be questioned for they are qualified, because they are elected officials. The center can utilize the newly inaugurated Training Center in Barangay Kalaklan to serve as its office. Gawang Gapo products can be displayed at the kiosk at the City Hall lobby. She conveyed that the City Mayor is open to the idea of having and developing its own product.

The proponent still has to settle some concerns with the LCDO Officer-In-Charge Ms. Aileen Cuevas regarding the proposed measure.

Draft Ordinance O-29 was unanimously deferred by the members of the body, pending its final consultation, on motion of City Councilor Gina Perez.

3. City Councilor Edwin J. Piano presented Draft Ordinance No. 2009 O-31, entitled: “An Ordinance Establishing Olongapo City Code of General Ordinances.”

The City Councilor informed the body that his committee is almost done collating all the required ordinances to be included in the Code of General Ordinances. There was also a suggestion from the City Legal Officer that the City Council should also work on the amendments of ordinances that needs to be updated, especially on fees and degree of penalties. This matter was brought out to the attention of all Council Members, if they are allowed to do it, or just proceed to make the code into a single document for it is a requirement in the evaluation of the city government. According to the proponent, there are less than fifty ordinances to be compiled into one single code, to make it convenient to those who need a copy of the document. The number could be reduced to twenty-three ordinances.

The City Councilor disclosed that some ordinances are related to taxes and regulatory fees and compiling all these important ordinances from way back into a single ordinance is quite

a tough job. They also found that some ordinances are duplications of another. Others are related to penalties, basic laws, business, and policies of the city government, except appropriation ordinances, revenue codes, and the investment code.

City Councilor Lugie Lipumano-Garcia asked the proponent if they could have copies of the titles of the ordinances, for further examination. The proponent answered that he will be e-mailing the copies, since it is sixty-three pages. He further conveyed that only appropriation ordinances and other insignificant ordinances were not included, but others pertaining to penalties, laws, businesses, and city administration were included in the code.

City Councilor JC Delos Reyes commented that implementing penal ordinances need public hearings and consultations, and the process involved is time-consuming. He asked the proponent what is the purpose of making the said code.

Responding to the query of City Councilor Delos Reyes, the proponent explained that the purpose of applying the code of general ordinances was the result of the study and evaluation conducted by the two award giving bodies, the Konrad Adenauer and the Asian Institute of Management. They require that a local government should codify previous ordinances into one document to make it convenient as reference, instead of searching for so many documents for certain provisions. The City Councilor compared the code of general ordinances to the Bible, where all basic information can be made available.

In reaction to the explanation, City Councilor Delos Reyes finds the purpose to be practical because there are penal ordinances that needs to be updated, and the duplication of ordinances with national statutes or laws. He is also aware that it is not easy and asked the proponent whose responsibility it is. City Councilor Piano informed him that the lead agencies would be composed of the City Council, which the proponent will represent, and under the Executive, Attorneys Nadine and Batch were assigned, in coordination with the Department Heads concerned.

The Chair wanted to know if these recordings of resolutions will be helpful to the City Council. The proponent informed everyone that if all these recordings will be completed, it can be helpful. He pointed out some difficulties encountered by the staff, like doing all the procedures manually, and the computers are not dependable enough to provide a good result. The discussion came to a conclusion that they should proceed with codifying the ordinances, and make amendments later, so as to speed-up the process and be able to finish it before the deadline for the project. The proponent assured City Councilor Lugie to be provided with copies of the ordinances to be codified through e-mail.

After a thorough discussion, City Councilor Edwin Piano moved for the deferment of Draft Ordinance No. 2009 O-31, which was approved unanimously by the members of the body.

4. Since Mr. Dante Ramos was not available to answer clarificatory questions from the Council Members, City Councilor Edwin J. Piano motioned for the deferment of Draft Resolution No. 2009 R-108, entitled: “A Resolution Confirming The Renewal Of Temporary Appointment Of Mr. Dante P. Ramos As City Government Department Head II (ESMO) SG – 26,” which was approved by the members of the body unanimously.

5. City Councilor Jonathan G. Manalo moved for the approval of Draft Resolution No. 2009 R-112, entitled: “A Resolution Authorizing The Honorable City Mayor James Gordon Jr., To Enter Into A Contract Of Affiliation (COA) By And Between San Lazaro Hospital Represented By Its Chief Of Agency, Arturo Cabanban M.D., And Gordon College For The Affiliation And Training Of Its Nursing Students.”

For observations, City Councilor Delos Reyes cited a condition expressed under Administrative Order No. 5, Series of 1996, which sets an area or a radius where the hospital is located goes beyond the limit, where the practice of Related Learning Experience (RLE) is no longer authorized, since it is going to be costly on the part of the students. He asked the proponent if this agreement complies with that Administrative Order, which was a similar situation with those students from the University of Makati seeking for affiliation with the James L. Gordon Memorial Hospital where he raised the same question.

City Councilor Manalo motioned for a recess.

The Presiding Officer declared a recess.

RECESS: 6:15 P.M.

RESUMPTION: 6:17 P.M.

After a brief recess, City Councilor Jonathan Manalo moved for the approval of Draft Resolution No. 2009 R-112. All the members of the body, in its second and final reading, unanimously approved the measure.

6. City Councilor Jonathan G. Manalo moved for the approval of Draft Resolution No. 2009 R-113, entitled: “A Resolution Authorizing Gordon College President Arlida M. Pame To Enter Into A Memorandum Of Agreement (MOA) By And Between Philippine Orthopedic Center Represented By Its Chief Of Hospital, Teodoro R. Castro, M.D., And Gordon College For The Training Of Its Health Science Students in Fulfillment Of Their Course Requirements.” The body approved the above-mentioned measure unanimously, in its second and final reading.

7. Pending the indorsement of documents from the Mayor’s Office, City Councilor Gina G. Perez moved for the deferment of Draft Resolution No. 2009 R-114, entitled “A Resolution Authorizing The Honorable City Mayor James Gordon, Jr. To Secure A Department Of Environment And Natural Resources (DENR) Bathing Permit For Mayanga Island And Other Islands Surrounding Or Within The Jurisdiction Of Olongapo City,” which all the members of the body approved unanimously.

8. Part of the program of the Philippine Councilors League is to give recognition to its members who have already served three terms for 2007-2009. City Councilor Perez proposed to sponsor Draft Resolution No. 2009 R-115, entitled: “A Resolution Acknowledging The Accomplishments Of City Councilors Anselmo A. Aquino And Edwin J. Piano And Indorsing Them To The Philippine Councilors League Award For Three Termer Councilors 2007-2009,” which acknowledges the accomplishments of two of their members, who are about to end their terms in 2010.

She mentioned that City Councilor Anselmo Aquino has served as City Councilor for six terms. He began his service in 1972 as Barangay Councilman. City Councilor Edwin Piano, on the other hand, became City Councilor in the year 2001, and had accomplished a lot being the Chair of the Committee on Information Technology and Telecommunications, and the Olongapo City Skills Training Center, and helped many people through the years. It was decided to give separate resolutions for the two City Councilors, in order to improve the prepared drafts and make proper amendments.

On motion of City Councilor Gina G. Perez, Draft Resolution No. 2009 R-115 was approved unanimously by the body, in its second and final reading. with a separate resolution for each three-termer City Councilor.

9. City Councilor Edwin J. Piano moved to recognize the presence of Ms. Carmelita B. Yco, who is appearing in the session in relation with Draft Resolution No. 2009 R-116, entitled: “A Resolution Endorsing Carmelita B. Yco As Officer-In-Charge Of Department Of The Interior And Local Government (DILG) – Olongapo City In Lieu Of Permanent DILG City Director.”

City Councilor JC Delos Reyes, addressing the proponent, inquired about the status of the present DILG Director, and questioned the propriety of the City Council endorsing somebody, while the appointing power rests on the Secretary of the DILG. He finds it very awkward on the part of the City Council to endorse somebody to a position that possesses oversight functions over the City Councilors and that person comes from the same locality.

City Councilor Lugie-Lipumano Garcia is not in favor with this kind of process. She views the DILG as an apolitical body, and does not meddle with local political affairs. According to her, whether that person comes from Olongapo or elsewhere, the appointment must come from the DILG. She added that she has nothing against Ms. Yco. It was already disclosed to her by the DILG Director that after his retirement, there is somebody who will be appointed by the Regional DILG Director Brion to take his place.

In reaction to the observations of the two City Councilors, the proponent cited that after the retirement of Mr. Ely De Guzman on November 07, 2009, after thirty-nine years of government service, it would leave a vacuum in the office. However, according to the Regional Director, there is already a candidate to be appointed as Officer-In-Charge, who is not from the city. It was also learned that Secretary Puno would be submitting a shortlist of four or five names for the city to choose from. Since everything is under process, the city would prefer somebody to be Officer-In-Charge; someone who is familiar with the concerns of the city and its officials. He finds it hard for an OIC not coming from the city to travel from time to time.

Acknowledging the reactions of the two City Councilors as valid, the proponent wanted everyone to understand the situation of the appointment of an OIC. First, the OIC to be appointed by the Regional DILG Director will receive its salary from the city. Second, there should be a protocol that must be followed in choosing an OIC. Last, an endorsement coming from the ABC, SK, and Councilors League that Ms. Yco been given the chance to serve as OIC, and is considered more senior than the one to be appointed, which he thinks would be more awkward seeing a senior working for a junior.

City Councilor Lipumano-Garcia wanted to know about the status of the appointments of Ms. Yco and the appointed OIC. Ms. Yco clarified that she is LGOO V, which is next to the City Director, while the one being endorsed by the Regional Director is in the same level as hers, and the OIC who will come from Nueva Ecija, is an OIC-LGOO VII, but is not yet qualified as City Director.

The Presiding Officer declared a recess.

RECESS: 6:34 P.M.

RESUMPTION: 6:45 P.M.

After the session resumed, City Councilor Piano moved to amend the title of the proposed measure, to read: “A Resolution Requesting To Consider Ms. Carmelita B. Yco As Officer-In-Charge Of The Department of The Interior And Local Government (DILG)-Olongapo In Lieu Of Permanent City Director,” and moved for its approval.

The proponent also acceded to the request of City Councilor Delos Reyes to omit in the “whereas” clause the words “vacuum after the retirement,” because there will be continuity of leadership, as well as using the actual wordings of the law in the third “whereas,” regarding the next in rank.

After the brief deliberation, Draft Resolution No. 2009 R-116 was approved by a majority votes, in its second and final reading.

Nine voted in favor and two opposed.

City Councilor Lugie Lipumano-Garcia explained her vote. She said that she is not against Ms. Yco, it is the process of what they are doing why she is opposing the resolution.

10. Draft Resolution No. 2009 R-117, entitled: “A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into A Memorandum Of Understanding (MOU) With Farland Personnel Management Corporation, Represented By Mr. Rommel Asuncion For The Guam Build-Up Project.”

City Councilor Edwin J. Piano mentioned that the draft of the proposed measure was earlier given to the members of the body, as well as the copies of the license and POEA certification.

The Draft Resolution was approved by a majority vote, in its second and final reading, on motion of City Councilor Edwin J. Piano.

Ten approved and one opposed.

11. City Councilor Gina G. Perez presented the basis for the approval of Draft Ordinance No. 2009 O-32, entitled: “An Ordinance Establishing The Title Of Olongapo City As City Of Volunteers.”

Tracing the story back when the former U.S. Naval Base was maintained and preserved by the volunteers, after the Americans left the U.S. facility, the people of Olongapo gained the reputation as ‘volunteers’ and became popular by making the City of Olongapo a tourist destination. The title “City of Volunteers” was the result of the consultation conducted during the World Tourism Day last third of September, 2009, attended by one thousand two hundred delegates, composed of students, teachers, and barangay officials. She added that during the PCL Week Poll Automation and Charter Change Forum, one thousand seven hundred delegates attended, mostly teachers. In those two activities, where the poll for the adoption of the title of the city was conducted, the title “City of Volunteers” surfaced and garnered the highest number of votes.

City Councilor Piano commented on the word “establishing,” included in the title. He pointed out that when we say “establishing” it is yet to be done. So, he suggested that the word “adopting” would be more appropriate instead, since our city has already been using the title “City of Volunteers” which we are just going to adopt officially.

The proponent agreed to the suggestion, and with no objections from the body, the amended title of the proposed measure would be: “An Ordinance Adopting The Title Of Olongapo City As City of Volunteers.”

City Councilor Lugie Lipumano-Garcia raised the issue regarding the case filed in the Office of the Ombudsman against Senator Richard Gordon for claiming that these people were volunteers, but in fact were being paid.

City Councilor Edwin Piano clarified that the case mentioned was dismissed by the Ombudsman for lack of basis.

Draft Ordinance No. 2009 O-32 was approved by a majority vote of the members of the body, in its second and final reading. City Councilor Sarah Lugerna Lipumano-Garcia opposed the said measure.

Other Matters

A. City Councilor Edwin J. Piano moved for the urgency of “A Resolution Authorizing The City Mayor To Accept Donations From The Guam Shipyard,” which the body unanimously approved.

The proponent explained that the said donations were already shipped to our country, and is now in the custody of the Bureau of Customs for more than thirty days. There is a corresponding charge, amounting to Php400,000.00, for taxes and duties, and another Php500,000.00 for storage fees. The materials that were donated consist of pipes of various sizes. The City Councilor described it as pipes that were machine-manufactured to be used for testing of welders. There are thirty sets of pipes, including testing materials, electrodes/welding rods, and thirty sets of plates of various sizes, accompanied with backing straps, also of various sizes. These materials, he said, will be primarily used for training and for trade testing and competency assessment, which is essential before a worker can finally be sent to the Guam Shipyard.

The proponent further added that these donations were originally scrap materials that were shipped and intended to generate employment. The Guam Shipyard initiated the creation of a Deed of Transfer, which has to be authenticated by the Consul-General Palala of Guam. As soon as the document is authenticated, it will be presented to the Bureau of Customs for the release of the materials. Then, we can commence with the testing assessment of our workers who will be sent to Guam. Since these were all donations for the Philippine Government, it will be free of duties and taxes, except for the cost of the shipment, which will be shouldered by the Guam Shipyard.

City Councilor Lipumano-Garcia wanted to be assured that these materials will not be sold. The proponent said that there is a system in the training center.

City Councilor Delos Reyes asked if it is possible for the proponent to bring along with him other members for a ‘walk-through,’ to be able to inspect the said shipments and go though all the stages, or will there be somebody who will make the inventory of materials and to account for it.

City Councilor Piano described how the materials would be shipped . The first half of the materials will be shipped in Olongapo City, and the other half to Manila, because there are specific types of welding machines that are not available in the city. Those that will be finished in Olongapo will be sent back to Manila to finalize the testing. He explained that even though the whole bulk of the shipment will not reach our city, our people would still benefit from it, and could avail of the free training at the YWA Human Resources, located at General Luna Street, Paco, Manila. This is the agency authorized to process the sending of workers overseas, and who will be responsible for extending assistance in case workers encountered accidents. The city, on the other hand, is not allowed under the law to send workers abroad. But, the city will be entering into a MOA with YWA, if necessary.

Upon the motion of City Councilor Edwin Piano, the Draft Resolution was approved unanimously by the body, in its second and final reading.

B. City Councilor Gina G. Perez moved for the urgency, in favor of Draft Resolution No. 2009 R-120, entitled: “A Resolution Strongly Opposing The Passage Of House Bill Number 24 And Calling For Its Outright Rejection.”

As a backgrounder, the proponent recalled that this Bill, sponsored by Honorable Ann Hofer, Representative of the Second District of Zamboanga Sibugay, would exempt the capitol of each province from the mandate under Local Government Code, Section 450. For a city to be created, it must be generating Php100 Million in income. Under the said proposal, capital towns of the provinces will be converted into cities, which will completely violate the Cityhood Law. This is what the League of Cities is opposing. This will greatly diminish the IRA that the cities are getting from the National Government, and will also affect the implementation of the Salary Standardization Law next year, and will result in the massive lay-offs among government workers. The League of Cities is appealing through this resolution to oppose the passage of this House Bill.

Upon the motion of City Councilor Gina Perez, Draft Resolution No. 2009 R-120 was approved by the members of the Council unanimously, in its second and final reading. This measure was sponsored unanimously.

C. Matters regarding the impending retirement of Mr. Ely De Guzman would be discussed in a caucus.

Adjournment

There being no other matters to be discussed, the session was adjourned at 7:10 in the evening, on motion of City Councilor Anselmo A. Aquino.

I HEREBY CERTIFY TO THE

CORRECTNESS OF THE FOREGOING:

ELFLIDA S. SALMON

Council Secretary

ATTEST:

CYNTHIA G. CAJUDO

Vice-Mayor & Presiding Officer