2010 R - 24 - RATIFYING THE AUTHORITY OF THE CITY MAYOR TO TO FILE A PETITION FOR REVIEW ON CERTIORARI WITH THE SUPREME COURT

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON FEBRUARY 24, 2010 AT THE CITY HALL.

PRESENT:

Hon. Cynthia G. Cajudo - - City Vice-Mayor & Presiding Officer

Hon. Gina Gulanes-Perez - - - - - - City Councilor

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- - - “ “

ABSENT:

Hon. John Carlos G. delos Reyes- - City Councilor

(On Vacation Leave)

Hon. Rodel S. Cerezo- - - - City Councilor

(On Official Business)

Hon. Cheenee F. Hoya- - - - - SK Federation President

(On Official Business)

RESOLUTION NO. 24

(Series of 2010)

A RESOLUTION RATIFYING THE AUTHORITY OF THE HON. CITY MAYOR JAMES GORDON, JR. TO FILE A PETITION FOR REVIEW ON CERTIORARI WITH THE SUPREME COURT AS THE CITY’S REPRESENTATIVE RELATIVE TO THE CASE OF CITY GOVERNMENT OF OLONGAPO VS. TERESITA MEREDITH DOCKETED AS G.R. NO. 189560 AND TO PERFORM ALL ACTS INDISPENSABLE IN RELATION THERETO

WHEREAS, the City seeks to protect its legal interests over, among others, the accreted portions at the Half-Moon Beach area (“Property”);

WHEREAS, to effectively protect the City’s legal interests over the said property, the City through the City Legal Office filed a Petition for Review on Certiorari with the Supreme Court lodged as City Government of Olongapo vs. Teresita Meredith and docketed as G.R. No. 189560;

WHEREAS, in a resolution dated 02 December 2009, the Supreme Court effectively directed the City to submit a resolution bearing on the authority of the Hon. City Mayor to file a case or initiate action such as the Petition for Certiorari and to take necessary legal action to protect the City’s public interests over the Property ;

NOW, THEREFORE, on motion of City Councilor Aquilino Y. Cortez, Jr., 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 ratify, as it is hereby ratifies the authority of the Hon. City Mayor James Gordon, Jr. to File a Petition for Review on Certiorari with the Supreme Court as the City’s Representative Relative to the Case of City Government of Olongapo Vs. Teresita Meredith Docketed as G.R. No. 189560 and to Perform All Acts Indispensable in Relation Thereto.

APPROVED, February 24, 2010.

CYNTHIA G. CAJUDO

City Vice-Mayor & Presiding Officer

GINA GULANES-PEREZ JOHN CARLOS G. DELOS REYES

City Councilor City Councilor

(On Vacation Leave)

RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA

City Councilor City Councilor

(On Official Business) (Opposed)

EDWIN J. PIANO ANGELITO W. BALOY

City Councilor City Councilor

(Opposed)

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

(On Official Business)

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

2008 R - 110 - AUTHORIZING THE CITY MAYOR AND/OR THE CITY LEGAL OFFICER TO REPRESENT THE CITY OF OLONGAPO IN THE TWIN CASES

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON JULY 16, 2008 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. 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. Carlito A. Baloy- - - - - - - - - - - - - - - - - - - - President, Liga ng mga Barangay
Hon. Cheenee F. Hoya - - - - - - - - - - - - - - - - - - - SK Federation President

ABSENT:

None.


RESOLUTION NO. 110
(Series of 2008)

A RESOLUTION AUTHORIZING THE CITY MAYOR AND/OR THE CITY LEGAL OFFICER TO REPRESENT THE CITY OF OLONGAPO IN THE TWIN CASES OF “MEREDITH VS. CITY OF OLONGAPO” AND “CITY OF OLONGAPO VS. MEREDITH” LODGED BEFORE DENR-REGION III INVOLVING HALF MOON BEACH AND ITS ACCRETED AREA

WHEREAS, on 08 July 2008, the City received an order from the Department of Environment and Natural Resources (DENR) Region III requesting to submit its comment to the protest filed by Teresita Meredith and her letter to Malacañang dated 05 March 2008 in connection with the accretion area in Half Moon Beach, Kalaklan, Olongapo City;

WHEREAS, on 15 July 2008, the City filed its comment in connection to said protest and letter and registered its own protest on the Miscellaneous Sales Application (MSA) of Meredith anent (x-4) 3014 referring to Half Moon Beach, Kalaklan, Olongapo City;

WHEREAS, under the 1959 Turn-over Agreement between the governments of the United States of America and the Philippines and the Exchange of Notes, said area had been declared open to the public for swimming and other recreational purposes;

WHEREAS, under Republic Act No. 4645, as amended (otherwise known as the Charter of the City of Olongapo), ownership of properties within the City of Olongapo of whatever nature and source transferred and/or turned over to the Philippine Government by the United States Government before, during and after the date of the turnover of the then community of Olongapo on December 7, 1959, shall vest on the city;

WHEREAS, under Republic Act No. 7160 (the Local Government Code of 1991), the city is vested with corporate powers and provides that the City Council has the power to grant authority to its officers to represent the City Government in the exercise of its corporate powers including the power to sue and be sued;

NOW, THEREFORE, on motion of Councilor Aquilino Y. Cortez, Jr., 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 that the City Government hereby appoints the incumbent City Mayor, Hon. James Gordon, Jr., and/or the City Legal Officer as its duly authorized representative in the above-mentioned case, and to appear before the same; to attend Pre-Trial up to the final termination of the case; to enter into compromise of the said case on such terms and conditions which our attorneys-in-fact may deem best and appropriate to our interest; to execute, sign and deliver any papers or documents, to give any papers or documents to give full effects to the power herein above-granted; hereby giving and granting unto said attorneys full power and authority to be done in the premises.

RESOLVED FURTHER, AS IT IS HEREBY FURTHER RESOLVED, that in connection with the said case, the Hon. Mayor/City Legal Officer is/are hereby given full power and authority to do and perform all acts and things whatsoever requisite and necessary to be done in and about the premises as fully to all intents and purposes for and in the name of the city.

APPROVED, July 16, 2008.


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
(Opposed)
EDWIN J. PIANO ANGELITO W. BALOY
City Councilor City Councilor


AQUILINO Y. CORTEZ, JR ANSELMO A. AQUINO
City Councilor City Councilor


ELENA C. DABU CARLITO A. BALOY
City Councilor President, Liga ng mga Barangay


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

2008 R - 109 - AUTHORIZING THE CITY MAYOR OR THE CITY LEGAL OFFICER TO REPRESENT THE CITY OF OLONGAPO IN THE CIVIL CASE

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON JULY 16, 2008 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. 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. Carlito A. Baloy- - - - - - - - - - - - - - - - - - - - President, Liga ng mga Barangay
Hon. Cheenee F. Hoya - - - - - - - - - - - - - - - - - - - SK Federation President

ABSENT:

None.

RESOLUTION NO. 109
(Series of 2008)

A RESOLUTION AUTHORIZING THE CITY MAYOR AND/OR THE CITY LEGAL OFFICER TO REPRESENT THE CITY OF OLONGAPO IN THE CIVIL CASE ENTITLED “MEREDITH VS. CITY OF OLONGAPO” WITH DOCKET NO. 51-0-2008

WHEREAS, on 03 March 2008, Teresita Meredith filed a Complaint for Injunction against the City Government of Olongapo and its officials led by Hon. Mayor James Gordon, Jr. primarily in connection with the accretion area in Half Moon Beach, Kalaklan, Olongapo City, lodged before Olongapo City Regional Trial Court (RTC) ~ Branch 75, and docketed as Civil Case No. 51-0-2008;

WHEREAS, under the 1959 Turn-over Agreement between the governments of the United States of America and the Philippines and the Exchange of Notes, said area had been declared open to the public for swimming and other recreational purposes;

WHEREAS, under Republic Act No. 4645, as amended (otherwise known as the Charter of the City of Olongapo), ownership of properties within the City of Olongapo of whatever nature and source transferred and/or turned over to the Philippine Government by the United States Government before, during and after the date of the turnover of the then community of Olongapo on December 7, 1959, shall vest on the city;

WHEREAS, under Republic Act No. 7160 (the Local Government Code of 1991), the city is vested with corporate powers and provides that the City Council has the power to grant authority to its officers to represent the City Government in the exercise of its corporate powers including the power to sue and be sued;

NOW, THEREFORE, on motion of Councilor Aquilino Y. Cortez, Jr. 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 that the City Government hereby appoints the incumbent City Mayor, Hon. James Gordon, Jr., and/or the City Legal Officer as its duly authorized representative in the above-mentioned case, and to appear before the same; to attend Pre-Trial up to the final termination of the case; to enter into compromise of the said case on such terms and conditions which our attorneys-in-fact may deem best and appropriate to our interest; to execute, sign and deliver any papers or documents to give any papers or documents to give full effects to the power herein above-granted; hereby giving and granting unto said attorneys full power and authority to be done in the premises.

RESOLVED FURTHER, AS IT IS HEREBY FURTHER RESOLVED, that in connection with the said case, the Hon. Mayor/City Legal Officer is/are hereby given full power and authority to do and perform all acts and things whatsoever requisite and necessary to be done in and about the premises as fully to all intents and purposes for and in the name of the city.

APPROVED, July 16, 2008.


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
(Opposed)
EDWIN J. PIANO ANGELITO W. BALOY
City Councilor City Councilor


AQUILINO Y. CORTEZ, JR ANSELMO A. AQUINO
City Councilor City Councilor


ELENA C. DABU CARLITO A. BALOY
City Councilor President, Liga ng mga Barangay


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