2011 R - 048 - AUTHORIZING THE CITY MAYOR TO ENTER INTO, EXECUTE AND SIGN FOR AND IN BEHALF OF THE CITY GOVERNMENT OF OLONGAPO A MOA WITH THE DILG

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANGLUNGSOD OF OLONGAPO, HELD ON MAY 25, 2011 AT THE CITY HALL

PRESENT:

Hon. Rodel S. Cerezo - Acting City Vice Mayor & Presiding Officer

Hon. Eyrma Yvette Marzan-Estrella- - City Councilor

Hon. Aquilino Y. Cortez, Jr.- - “ “

Hon. James G. delos Reyes- - “ “

Hon. Gina Gulanes-Perez- - “ “

Hon. Elena C. Dabu- -- “ “

Hon. Eduardo J. Piano- - “ “

Hon. Edna A. Elane- - “ “

Hon. Noel Y. Atienza- - “ “

Hon. Sarah Lugerna Lipumano-Garcia- - “ “

Hon. Dolly Mae M. Ramos- - SK Federation President

ABSENT:

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

(On Official Business)

RESOLUTION NO. 48

(Series of 2011)

A RESOLUTION AUTHORIZING THE CITY MAYOR HON. JAMES GORDON, JR. TO ENTER INTO, EXECUTE AND SIGN FOR AND IN BEHALF OF THE CITY GOVERNMENT OF OLONGAPO A MEMORANDUM OF AGREEMENT (MOA) WITH THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT (DILG), REPRESENTED BY REGIONAL DIRECTOR FLORIDA M. DIJAN, DILG REGIONAL OFFICE III, IN RELATION TO EXECUTIVE ORDER NO. 32, SERIES OF 2011, CREATING THE PUBLIC TRANSPORT ASSISTANCE PROGRAM

WHEREAS, with the creation of Inter-Agency Energy Contingency Committee (IECC), it is mandated to audit available resources of the government, evaluate contingency plans and submit reports to the Office of the President.

WHEREAS, one of the initial projects of the said office is the “Pantawid Pasada Program” or the Public Transport Assistance Program (PTAP), which aims to help the transportation group of our country by providing subsidy for their expense on fuel;

WHEREAS, based on IECC’s studies the Public Transport Assistance Program (PTAP) has been found to be the most equitable form of intervention to adopt as targeted relief to those vulnerable sectors;

WHEREAS, Section 8 of Presidential Decree No. 910, as amended by Republic Act No. 7638, provides that all fees, services and receipts from any or all sources including receipts from service contracts and agreements collected by Department of Energy (DOE) shall form part of a Special Fund to be used to finance energy resources development and exploration programs and projects of the government, and for such other purposes as may be directed by the President;

WHEREAS, according to the Executive Order No. 32, PTAP will be guided by the following:

Section 1. The Public Transport Assistance Program- Pantawid Pasada. The “Public Transport Assistance Program” (PTAP) is hereby established which shall provide targeted relief to the public transport section to cushion the impact of high fuel prices on the riding and consuming public. the Department of Energy (DOE) is hereby designated as the lead agency to implement PTAP.

Section 2. Disbursement of the PTAP Funds. The PTAP shall be implemented in coordination with the IECC consistent with the members’ specific responsibilities pursuant to Section 3, AO No. 6 (s. 2011). Specifically, the Department of Transportation and Communications (DOTC), Department of Finance (DOF), and the Department of Energy (DOE) are jointly authorized to determine the monthly funding requirement of the PTAP. The PTAP shall partially subsidize the average consumption of the identified public transport group; Provided, that the disbursement shall be made per franchisee anf on the number of franchised unit s based on information to be provided by the DOTC through the Land Transportation Franchising and Regulatory Board (LTFRB): provide further, That the DOE shall use smart cards to ensure the integrity of the disbursements.

Upon the recommendation of the IECC, the DOE may review the list of those entitled to the PTAP to include other sectors whose operations may ba classified as sensitive to high oil prices, and it may also suspend the PTAP when it determines the impact of fuel costs on these sectors no longer exists.

In the case of tricycles, the PTAP shall also subsidize a portion of their average consumption. The Department of the Interior and Local Government (DILG) shall coordinate with the Local Government Units (LGUs) for the joint implementation of the PTAP; Provided: That funding for PTAP for tricycles shall be subject to availability of counterpart funds of the respective LGUs.

After the first month of implementation, the DOE shall submit to IECC a report on the status of the accomplishments of the PTAP. The IECC shall submit the recommendations to the President regarding the continued implementation of the program and its projected requirements.

Section 3. Funding Source of the PTAP. The initial funding requirementa of the program shall be FOUR HUNDRED FIFTY MILLION PESOS (P450,000,000) which shall be sourced for the Special Account in General Fund (SAGF) of the DOE under Fund 151, to be released by the Department of Budget and Management (DBM) subject to the submission of the Bureau of Treasury (BTR) Certification on the availability of deposited collections with the SAGF of the DOE and to existing laws and the usual government budgetary, accounting and auditing rules and regulations.

Section 4. Implementation of the PTAP. In the implementation of the PTAP, the DOE shall coordinate with the following departments:

(a) Department of National Defense(DND);

(b) DILG; and

(c) DOTC

Section 5. Duty to Extend Assistance to the PTAP. The departments, bureaus, offices, agencies or instrumentality of Government, including government-owned and/or controlled corporations and government financial institutions are hereby directed to extend such assistance and support to the PTAP, as may be necessary, for its successful implementation.

Section 6. Implementing Guidelines. The DOE as Lead, DBM,DILG, DOF, and DOTC shall promulgate the rules and regulations for the implementation of this Order within fifteen (15) days from effectively hereof.

Section 7. Separability. If any provision of this Executive Order is declared invalid or unconstitutional, the other provisions unaffected shall remain valid and subsisting.

Section 8. Effectivity. This Executive Order shall take effect immediately upon publication in newspaper of general circulation.

NOW THEREFORE, with the unanimous accord of the Members of the Sangguniang Panglungsod present;

RESOLVED, AS IT HEREBY RESOLVED, by the Sangguniang Panglungsod in session assembled, to authorize, as it hereby authorizes the City Mayor, Hon. James Gordon, Jr. , to enter into and sign for an in behalf of the Cuty Government of Olongapo, a memorandum of agreement (MOA) with the Department of the Interior and Local Government (DILG), represented by Regional Director Florida M. Dijan, DILG Regional Office III, in relation to Executive Order No. 32, Series of 2011, creating the Public Transport Assistance Program (PTAP)

APPROVED UNANIMOUSLY, May 25, 2011.