eLegis Sangguniang Panlungsod ng Olongapo

16 March 2011

2011 R - 016 - ENDORSING COUNCILOR RODEL S. CEREZO, TO REPRESENT THE SANGGUNIANG PANLUNGSOD TO THE PEOPLE’S LAW ENFORCEMENT BOARD (PLEB)

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON MARCH 16, 2011 AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino- -City Vice Mayor & Presiding Officer
Hon. Rodel S. Cerezo- - - City Councilor
Hon. Eyrma Yvette Marzan-Estrella- “ “
Hon. Aquilino Y. Cortez, Jr. - “ “
Hon. James G. delos Reyes - -“ “
Hon. Gina Gulanes-Perez - - “ “
Hon. Elena C. Dabu - - “ “
Hon. Eduardo J. Piano - - -“ “
Hon. Noel Y. Atienza - - - “ “
Hon. Sarah Lugerna Lipumano-Garcia - “ “
Hon. Carlito A. Baloy - - - President, Liga ng mga Barangay
Hon. Dolly Mae M. Ramos- - SK Federation President

ABSENT:

Hon. Edna A. Elane - - City Councilor (On Official Business)

RESOLUTION NO. 16
(Series of 2011)

A RESOLUTION ENDORSING CITY COUNCILOR RODEL S. CEREZO, TO REPRESENT THE SANGGUNIANG PANLUNGSOD TO THE PEOPLE’S LAW ENFORCEMENT BOARD (PLEB)

WHEREAS, the People’s Law Enforcement Board (PLEB) of the City of Olongapo had proven itself well in the area of fighting crime against men in uniform;

WHEREAS, the City had been given a representation in the board which is material in enacting legislation's necessary for an efficient and effective police governance and suppression of lawlessness;

WHEREAS, in practice, City Councilor Rodel S. Cerezo chairs the Committee on Peace and Order and Public Safety and as former Barangay Official, he is knowledgeable in settling disputes and plight of civil society for just and immediate resolutions of grievances;

WHEREAS, it is but proper for the Sangguniang Panlungsod to indorse its representation to the PLEB;

NOW, THEREFORE, on motion of City Councilor Carlito A. Baloy, with the majority decision of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in Session Assembled, to indorse, as it hereby indorses, City Councilor Rodel S. Cerezo, Member of the City Council, to represent the Sangguniang Panlungsod in the People’s Law Enforcement Board (PLEB).

Let copy of this resolution be furnished the People’s Law Enforcement Board (PLEB) for their record.

APPROVED UNANIMOUSLY, March 16, 2011.

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2011 R - 015 - RESOLUTION DECLARING THE ANNUAL BUDGET OF BARANGAY OLD CABALAN FOR CALENDAR YEAR 2011 OPERATIVE IN ITS ENTIRETY

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON MARCH 16, 2011 AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino- - -City Vice Mayor & Presiding Officer
Hon. Rodel S. Cerezo- - City Councilor
Hon. Eyrma Yvette Marzan-Estrella- - “ “
Hon. Aquilino Y. Cortez, Jr. - - “ “
Hon. James G. delos Reyes - - “ “
Hon. Gina Gulanes-Perez - “ “
Hon. Elena C. Dabu - - “ “
Hon. Eduardo J. Piano - - -“ “
Hon. Noel Y. Atienza - - “ “
Hon. Sarah Lugerna Lipumano-Garcia -- “ “
Hon. Carlito A. Baloy - - - President, Liga ng mga Barangay
Hon. Dolly Mae M. Ramos- SK Federation President

ABSENT:

Hon. Edna A. Elane - - City Councilor (On Official Business)

RESOLUTION NO. 15
(Series of 2011)

A RESOLUTION DECLARING THE ANNUAL BUDGET OF BARANGAY OLD CABALAN FOR THE FISCAL YEAR 2011 OPERATIVE IN ITS ENTIRETY

In the interest of public service and on motion of City Councilor Gina Gulanes Perez, 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 declare as it hereby declares the Annual Budget of Barangay Old Cabalan for the Fiscal Year 2011 operative in its entirety considering the said budget as contained in Appropriation Ordinance No. 002, Series of 2010 of Barangay Old Cabalan, upon review by the Sangguniang Panlungsod, has substantially complied with the requirements and limitations set forth under Republic Act No. 7160 or the Local Government Code of 1991 and its Implementing Rules and Regulations, Provided, that the City Accountant is enjoined to observe that the conditions enumerated by the OIC, City Budget Office in her letter dated March 3, 2011 are strictly complied with;

RESOLVED FURTHER, AS IT IS HEREBY FURTHER RESOLVED, that Appropriation Ordinance No. 002, Series of 2010 of Barangay Old Cabalan dated December 03, 2010 and Letter from Ms. Marey Beth Marzan, OIC-City Budget Office dated March 3, 2011 be made as integral parts of this Resolution.

APPROVED UNANIMOUSLY, March 16, 2011.

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2011 R - 014 - ACCEPTING THE RFID SYSTEM BY PMTI TO BE USED AT GORDON COLLEGE AND AUTHORIZING THE CITY MAYOR TO SIGN THE DOCUMENTS RELATED THERETO

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON MARCH 16, 2011 AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino --- City Vice-Mayor & Presiding Officer
Hon. Rodel S. Cerezo -- City Councilor
Hon. Eyrma Yvette Marzan-Estrella- City Councilor
Hon. Aquilino Y. Cortez, Jr. --- City Councilor
Hon. James G. delos Reyes --- City Councilor
Hon. Gina Gulanes-Perez-- City Councilor
Hon. Elena C. Dabu --- City Councilor
Hon. Eduardo J. Piano --- City Councilor
Hon. Noel Y. Atienza ----- City Councilor
Hon. Sarah Lugerna Lipumano-Garcia-- City Councilor
Hon. Carlito A. Baloy ---- President, Liga ng mga Barangay
Hon. Dolly Mae M. Ramos --- SK Federation President

ABSENT:

Hon. Edna A. Elane --- City Councilor


RESOLUTION NO. 14
(Series of 2011)

A RESOLUTION ACCEPTING THE RADIO FREQUENCY IDENTIFICATION (RFID) SYSTEM DONATED BY PILIPINAS MICRO-MATRIX TECHNOLOGY, INCORPORATED (PMTI) TO BE USED AT GORDON COLLEGE AND AUTHORIZING THE HON. CITY MAYOR JAMES GORDON, JR. TO SIGN THE DOCUMENTS RELATED THERETO, IN ACCORDANCE WITH PERTINENT LAWS

WHEREAS, Pilipinas Micro-Matrix Technology, Incorporated (pmti) is a company founded in year 2007, based in Subic Bay Freeport Zone (SBFZ), engaged in the business of providing Information and Communications Technology Solutions to government agencies and private sectors;

WHEREAS, Radio Frequency technology has come of age and offers better and more efficient use than that of the bar code system of identification. Notably, Radio Frequency Identification (RFID) is in the stream of daily living in most countries especially in the Education Sector;

WHEREAS, when an RFID tag passes through the field of the scanning antenna, it detects the activation signal from the antenna. This starts up the RFID chip, and it transmits the information on its microchip to be received by the scanning antenna;

WHEREAS, the said system will be used by the students of Gordon College as access inside the campus for management and control;

WHEREAS, Gordon College Students and Teachers RFID Card Holder can also benefit this system for monitoring the time and attendance in classrooms;

WHEREAS, the RFID Card to be issued shall be renewable every three years and the validity shall be updated every year for security purpose. The said card is durable and will last up to three (3) years of normal usage and the print will not fade easily because it is laminated;

WHEREAS, in order to make the donation valid, there is a need for the adoption of the resolution authorizing the City Mayor, Hon. James Gordon, Jr. to sign and accept, for and in behalf of the City, the documents pertaining to the acceptance specially the Deed of Donation;

NOW, THEREFORE, 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 accept, as it hereby accepts the Radio Frequency Identification System (RFID) donated by Pilipinas Micro-Matrix Technology, Incorporated (PMTI) to be used at Gordon College and authorizing the City Mayor, Hon. James Gordon, Jr. to sign the documents related thereto, in accordance with pertinent laws.

RESOLVED FURTHER, AS IT IS HEREBY FURTHER RESOLVED, that copies of this resolution be furnished to the City Mayor and Pilipinas Micro-Matrix Technology, Incorporated (PMTI) for their information and appropriate action.

APPROVED UNANIMOUSLY, March 16, 2011.

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2011 R - 013 - EXPRESSING STRONG AND VIGOROUS OBJECTION TO THE ANNUAL WATER TARIFF ADJUSTMENT TO BE IMPLEMENTED BY THE SUBICWATER AND SEWAGE CO. INC.

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON MARCH 16, 2011 AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino -- City Vice-Mayor & Presiding Officer
Hon. Rodel S. Cerezo ----- City Councilor
Hon. Eyrma Yvette Marzan-Estrella- City Councilor
Hon. Aquilino Y. Cortez, Jr. --City Councilor
Hon. James G. delos Reyes -- City Councilor
Hon. Gina Gulanes-Perez---- City Councilor
Hon. Elena C. Dabu ------ City Councilor
Hon. Eduardo J. Piano --- City Councilor
Hon. Noel Y. Atienza --- City Councilor
Hon. Sarah Lugerna Lipumano-Garcia-- City Councilor
Hon. Carlito A. Baloy --- President, Liga ng mga Barangay
Hon. Dolly Mae M. Ramos -- SK Federation President

ABSENT:

Hon. Edna A. Elane --- City Councilor

RESOLUTION NO. 13
(Series of 2011)

A RESOLUTION EXPRESSING STRONG AND VIGOROUS OBJECTION TO THE ANNUAL WATER TARIFF ADJUSTMENT TO BE IMPLEMENTED BY THE SUBICWATER AND SEWAGE CO. INC. RECOMMENDED BY THE SUBIC BAY WATER REGULATORY BOARD AND APPROVED BY THE SUBIC BAY METROPOLITAN AUTHORITY

WHEREAS, Subicwater and Sewage, Co. Inc. is in charge for the operation, maintenance, supervision of the water supply system for the Freeport and City of Olongapo;

WHEREAS, Subic Bay Water Regulatory Board empowered to receive, hear and approve water tariff adjustment applied for by the Subicwater and Sewage Co. Inc in turn recommended for approval to the Subic Bay Metropolitan Authority;

WHEREAS, Subicwater and Sewage Co. Inc forged a Franchise Agreement with the then Chairman Richard J. Gordon which was thereafter amended which states among others the following relevant provisions thereof:

4(b) SUBICWATER shall exclusively operate and maintain all the Existing and New Facilities in an efficient and safe manner. The peroid for the operation and maintenance by SUBICWATER of existing facilities shall commence from the effective of the rectification of Agreement and continue for the duration of this Agreement. The period for the operation and maintenance by the SUBICWATER of the New Facilities shall commence from the date of completion of each art of the New Facilities and continue for the duration of this Agreement.”

4© The operation and maintenance required by Section 4 (b) of this Agreement shall be carried out by SUBICWATER at its own expense, if SUBICWATER shall fail to operate and/or maintain the Existing and New Facilities as required by Section 4(b), SBMA shall notify SUBICWATER in writing of such failure and that SUBICWATER shall take such immediate action as it is reasonably able to take to commence rectification and shall inform SBMA from time to time of the status of such rectification. If SUBICWATER shall not commence action to remedy such failure within a period of sixty (60) days and to complete such action to a schedule agreed with SBMA, SBMA shall without prejudice to any other rights it may be entitled to carry out the required operation and maintenance work by its own workmen or by other contractors and other charges incurred in connection therewith shall be payable by SUBICWATER. If SBMA carries out such works and charges SUBICWATER accordingly, shall not be considered in breach of this Agreement giving rise to a right of termination.

Copy of the Franchise Agreement is attached herewith as Attachment “A” and made an integral part of the present complaint:

WHEREAS, Subicwater and Sewage Co., Inc. has implemented tariff rate increases 28% on 2003, 15% for 2004 and 9% for 2007 a total of 52.5% tariff rate increase since 2003 approximately amounting amounting to One Hundred Thirty-Five Million Pesos (PhP135,000,000.00);

WHEREAS, the purpose raised by the Subicwater and Sewage Co. Inc for the water tariff increases was for the expansion and improvement of existing facilities;

WHEREAS, during the public hearing on June 14, 2007 held at Rizal Triangle, West Bajac-Bajac, Olongapo City, representative from Subicwater and Sewage Co. Inc expressly mentioned that the 52.5% water tariff increase was sufficient enough to cover any improvements and expansion to be undertaken by the latter;

WHEREAS, on May 19, 2008 defendant Subicwater and Sewage Co. Inc filed a petition for water tariff review and adjustment with Subic Bay Water Regulatory Board proposing a water rate increase as follows:

WHEREAS, however, on account of the pendency of the deliberation of the 2nd amendment of the Franchise Agreement (Attachment “A”), the review supposedly to be made by Subic Bay Water Regulatory Board on the petition of Subicwater and Sewage Co. Inc. was held in abeyance;

WHEREAS, on October 24, 2008 Subicwater and Sewage Co. Inc formally withdrew its Petition Dated May 19, 2008 and instead submitted another petition to set the initial water tariffs with an adjustment of 10.5% in all categories of water rates and an inflation factor of 91.3% for the next two years;

WHEREAS, Subicwater and Sewage Co. Inc. issued a Notice of Public Consultation to be held at Olongapo City Convention Center on November 3 and 5, 2008 both at 2:00 in the afternoon. However, despite the irregularities in the conduct of public hearings Subic Bay Water Regulatory Board recommended for approval the Petition for Water Tariff Adjustment of 6.33% in all categories of the water supply rates. The recommendation for approval of the water tariff adjustment made by the Subic Water Regulatory Board was approved by the Subic Bay Metropolitan Authority.

WHEREAS, Subicwater and Sewage Co. Inc. in clear violation of the Franchise Agreement as stated in the preceding paragraphs made and filed the Petition for water Tariff Adjustment on several occasions and recommended for approval by the Subic Bay Water Regulatory Board had an adverse effect on the consuming public when in fact and in truth the former shall exclusively shoulder the cost of improvements and renovation of existing facilities and to shift the burden on the consuming public;

WHEREAS, water has become one of the basic necessities which the oublic should not be deprived access thereof;

WHEREAS, the consuming public has experienced the worst economic burden who cannot afford to pay high cost for their basic needs;

WHEREAS, as part of Local Government Unit who is supposed to address the plight of its constituents must take concrete action to eradicate if not reduce the effect of the successive water tariff increases;

NOW THEREFORE, 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 express, as it hereby expresses strong and vigorous objection to the annual water tariff adjustment to be implemented by the Subic water and Sewage Co. Inc. recommended by the Subic Bay Water Regulatory Board and approved by the Subic Bay Metropolitan Authority.

APPROVED UNANIMOUSLY, March 16, 2011.

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