2014 R - 149 - STRONGLY OPPOSING THE SUBIC BAY METROPOLITAN AUTHORITY (SBMA) RESOLUTION NO. 14-09-5172 ENTITLED: “APPROVING THE SUBIC BAY WATER REGULATORY BOARD (SBWRB) RESOLUTION NO. 2014-08-194” AND HEREBY REITERATING OLONGAPO CITY COUNCIL RESOLUTION NO. 87 SERIES OF 2014

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, 

HELD ON OCTOBER 08, 2014 

AT THE CITY HALL.

PRESENT:

Hon. Rodel S. Cerezo -  -City Vice-Mayor & Presiding Officer
Hon. Eduardo J. Piano-   City Councilor
Hon. Eduardo G. Guerrero- - “     “
Hon. Benjamin G. Cajudo II-   “     “
Hon. Elena C. Dabu- “     “
Hon. Noel Y. Atienza-  “     “      
Hon. Alreuela M. Bundang-Ortiz -   “     “
Hon. Edna A. Elane- -  “     “
Hon. Emerito Linus D. Bacay- -  “     “

ABSENT:

Hon. Eyrma Yvette D. Marzan-Estrella- City Councilor
Hon. Aquilino Y. Cortez, Jr.-    “    “
Hon. Randy C. Sionzon-- President, Liga ng mga Barangay (On Official Business)
Hon. Egmidio M. Gonzales, Jr.- - Indigenous Peoples Mandatory Representative (On Official Business)

RESOLUTION NO. 149

(Series of 2014)

A RESOLUTION STRONGLY OPPOSING THE SUBIC BAY METROPOLITAN AUTHORITY (SBMA) RESOLUTION NO. 14-09-5172 ENTITLED: “APPROVING THE SUBIC BAY WATER REGULATORY BOARD (SBWRB) RESOLUTION NO. 2014-08-194” AND HEREBY REITERATING OLONGAPO CITY COUNCIL RESOLUTION NO. 87 SERIES OF 2014

WHEREAS, Subicwater and Sewerage Co. Inc.  is the exclusive water service provider in Olongapo City and Subic Bay Freeport Zone;

WHEREAS, Subicwater and Sewerage Co. Inc. is applying for a 6.58% tariff rate increase to cover their CAPEX requirements;

WHEREAS, the Subic Bay Metropolitan Authority (SBMA) Resolution No. 14-09-5172 approved the Subic Bay Water Regulatory Board (SBWRB) Resolution No. 2014-08-194;

WHEREAS, under the amended franchise agreement, Subicwater shall cover the maintenance and operation of old and new facilities in efficient and safe manner at its own expense;

WHEREAS, Subicwater  shall bear the expense of improving and renovating its existing facilities. That the people of Olongapo considers this proposed tariff increase as unfair and uncalled for – shifting the burden on the consuming public as it is already well-known that Subicwater is an income-generating company and enjoys steady profits;

WHEREAS, with steady price increase of basic commodities and non-declaration of wage increase by the national government, an additional 6.58% water rate increase will surely add burden to our people and will deprive them of their resources/hard-earned income to sustain food, education, health, house-rental requirements, and other day-to-day needs;

WHEREAS, the local government unit is mandated to look into the welfare of its people and the proposed tariff increase will impoverish them even more denying access to clean, potable water;;

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 oppose, as it hereby opposes the proposed 6.58% water tariff increase of Subicwater and Sewerage Company, Incorporated and strongly urging Subic Bay Water Regulatory Board (SBWRB) and Subic Bay Metropolitan Authority (SBMA) to heed the public outcry against its implementation

Let copies of this resolution be furnished to the Subic Bay Water Regulatory Board (SBWRB), Subic Bay Metropolitan Authority (SBMA), and Subic Water and Sewerage Co. Inc., for their information, guidance, and record.

APPROVED UNANIMOUSLY, October 08, 2014.

2012 R - 116 - APPROVING THE TERMS OF REFERENCE FOR THE DISPOSITION AND SALE OF THE CITY’S 915,580 OF COMMON “A” SHARES OF STOCK WITH THE SUBIC WATER AND SEWERAGE COMPANY, AUTHORIZING THE IMPLEMENTATION OF SALE AND DISPOSITION BY THE TECHNICAL COMMITTEE / SPECIAL BIDS AND AWARDS COMMITTEE IN COORDINATION WITH THE COMMISSION ON AUDIT AND SUBIC BAY METROPOLITAN AUTHORITY, IN A MANNER CONSISTENT WITH LAW

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON NOVEMBER 21, 2012 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. 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

RESOLUTION NO. 116

(Series of 2012)

A RESOLUTION APPROVING THE TERMS OF REFERENCE FOR THE DISPOSITION AND SALE OF THE CITY’S 915,580 OF COMMON “A” SHARES OF STOCK WITH THE SUBIC WATER AND SEWERAGE COMPANY, AUTHORIZING THE IMPLEMENTATION OF SALE AND DISPOSITION BY THE TECHNICAL COMMITTEE / SPECIAL BIDS AND AWARDS COMMITTEE IN COORDINATION WITH THE COMMISSION ON AUDIT AND SUBIC BAY METROPOLITAN AUTHORITY, IN A MANNER CONSISTENT WITH LAW

WHEREAS, by local legislative fiat, the city formally declared and manifested its intent to serve as a regulator of the Subic Water and Sewerage Company, Inc. (Subic Water) given its primary mandate of protecting the welfare of its local constituency;

WHEREAS, to eliminate the current conflict of interest with the city being a proprietor, co-owner and shareholder of ten percent (10%) of Subic Water receiving profits from charges levied upon the local community while at the same time being a regulator and performing its governmental function opposing the levies of Subic Water which it deems to be without rational basis;

WHEREAS, the technical committee comprised of the city’s Finance Committee, the Office of the City Legal and the City Planning and Development Office met and the Finance Committee outlined the required Terms of Reference for the Sale and Disposition of the city’s shares of stock with the Subic Water;

WHEREAS, the technical committee consulted the Commission on Audit (COA), through the Office of the City Auditor, and secured the commitment of the Commission on Audit that it shall guide the city in all stages of the sale and disposition, and the Commission on Audit directed the attention of the technical committee to Commission on Audit Circular Nos. 89-296, 2011-002 and to Section 444 of Republic Act No. 7160, wherein the Commission on Audit shall subject all processes relating to the disposition to post-audit to determine the city’s compliance with Commission on Audit Circular No. 89-296;

WHEREAS, the technical committee made an initial recommendation and approval of the Terms of Reference with the mandate to always coordinate with the Commission on Audit to ensure the integrity of the sale and disposition processes and to protect the best advantage of the city;

WHEREAS, as per recommendation from the technical committee, the salient Terms of Reference for the sale and disposition of the city’s shares of stock are as follows: (a) the City’s 915,580 Common “A” shares of stock shall be earmarked for the sale of disposition under a public bidding; (b) the price per share is pegged at P230.00 per share of stock which is substantially higher that the valuation set by the Subic Bay Metropolitan Authority and the Subic Water’s official external auditor Punongbayan & Araullo; (c) submission by the bidder of documents specified in the Terms of Reference designated to be the ‘eligibility documents’ the ‘bid tender documents’ and the ‘bid security documents’ which will show its capacity to remit full payment of the winning bid price under the public bidding processes and abide by pertinent legal protocols shall be required; (d) the provisions under Commission on Audit Circular Nos. 89-296, 2011-002 and to Section 224 of Republic Act No. 7160 in relation to Republic Act NO. 9184 shall be faithfully observed; (e) viva voce bidding shall be implemented during the public bidding processes and provisions are provided for evaluation of bids, due diligence, protest, award and execution of contract after payments are remitted; (f) a Special Bids and Awards Committee (SBAC) shall be constituted to act as the technical committee and as the disposal committee as required under Commission on Audit Circular No. 89-296; (g) all processes shall be transparent, with the Commission on Audit participation through coordination, guidance and actual presence during the public bidding shall be followed pursuant to Commission on Audit Circular No. 89-296; and (h) the other details specified under herewith annexed and presented to the City Council “Terms of Reference and Instructions to Bidder for the Sale of the City of Olongapo’s 915,580 Shares of Common “A” Stock in Subic Water and Sewerage Company, Inc. herewith made an integral part of the present legislation by reference;

NOW, THEREFORE, on motion of City Councilor Gina Gulanes-Perez co sponsored by City Councilors Rodel S. Cerezo, Eyrma Yvette Marzan-Estrella, Elena C. Dabu, Eduardo J. Piano and Edna A. Elane, 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 approve as it hereby approves, the Terms of Reference for the Disposition and Sale of the City’s 915,580 of Common “A” Shares of Stock With The Subic Water And Sewerage Company, Authorizing The Implementation Of Sale and Disposition By the Technical Committee/Special Bids and Awards Committee In Coordination With the Commission On Audit and Subic Bay Metropolitan Authority, In a Manner Consistent With Law.

 APPROVED UNANIMOUSLY, November 21, 2012.

2009 R - 161 - APPROVING THE LETTER OF PROXY OF MR. LEX MAGRATA TO REPRESENT THE CITY IN THE ANNUAL STOCKHOLDER’S MEETING OF SUBIC WATER AND SEWERAGE

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON OCTOBER 28, 2009, AT THE CITY HALL.

PRESENT:

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

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

Hon. Rodel S. Cerezo- - - - “ “

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. Gina Gulanes-Perez - - - City Councilor

(On Official Business)

Hon. Sarah Lugerna Lipumano-Garcia - - - - - - City Councilor

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

(On Official Business)

RESOLUTION NO. 161

(Series of 2009)

A RESOLUTION APPROVING THE LETTER OF PROXY OF MR. LEX BYRON R. MAGRATA TO REPRESENT THE CITY OF OLONGAPO IN THE ANNUAL STOCKHOLDER’S MEETING OF SUBIC WATER & SEWERAGE CO., INC. INCLUDING OLONGAPO CITY

WHEREAS, the City of Olongapo a public corporation, is a stockholder of Subic Water & Sewerage Co., Inc. has received a notice of its Annual Stockholder’s meeting dated October 14, 2009;

WHEREAS, the regular annual meeting of the stockholders of Subic Water & Sewerage Co., Inc. will be held at Subic Water Building, Subic Bay Freeport Zone on November 5, 2009, Thursday, at 9:00 o’clock in the morning;

WHEREAS, for the purpose of the meeting, only stockholders of record shall be qualified to attend and act during the stockholder’s meeting;

WHEREAS, stockholders may attend by himself or proxy, and if the attendance is by proxy, a dated and signed proxy letter must be received by the Corporate Secretary on or before the start of the meeting in order to be considered for the quorum and to qualify to act and vote during the said meeting;

WHEREAS, if the stockholder is a corporation, as in the case of the City of Olongapo, the appointment of proxy must be made or supported by an appropriate City Council’s resolution and duly signed by the City Mayor;

WHEREAS, this resolution is adopted without prejudice to the city’s court cases involving Subic Water and Sewerage Co., Inc.;

WHEREAS, Mr. Lex Byron R. Magrata is hereby named, constituted and appointed as proxy to represent the City of Olongapo in the Annual Stockholder’s Meeting of Subic Water & Sewerage Co., Inc.;

NOW, THEREFORE, on motion of City Councilor Jonathan G. Manalo, 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 approve, as it hereby approves the letter of proxy of Mr. Lex Byron R. Magrata to represent the City of Olongapo in the annual stockholder's meeting of Subic Water & Sewerage Co., Inc.

APPROVED UNANIMOUSLY, October 28, 2009.

CYNTHIA G. CAJUDO

City Vice-Mayor & Presiding Officer

GINA GULANES-PEREZ JOHN CARLOS G. DELOS REYES

City Councilor City Councilor

(On Official Business)

RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA

City Councilor City Councilor

(Absent)

EDWIN J. PIANO ANGELITO W. BALOY

City Councilor City Councilor

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

2009 O - 20 - APPROPRIATING THE AMOUNT OF PHP14,617,000.00 FOR HEALTH AND PEACE AND ORDER PROGRAM OF THE CITY FROM THE SUBIC WATER DIVIDEND INCOME

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON APRIL 1, 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. Rodel S. Cerezo - - - - - - “ “
Hon. Edwin J. Piano - - - - - - - “ “
Hon. Aquilino Y. Cortez, Jr.- - - - - “ “
Hon. Anselmo A. Aquino- - - “ “
Hon. Elena C. Dabu- - - - - - “ “
Hon. Jonathan G. Manalo- - - - - “ “

ABSENT:

Hon. Sarah Lugerna Lipumano-Garcia- - - - City Councilor
Hon. Angelito W. Baloy - - - - - - - “ “
Hon. Carlito A. Baloy - - - President, Liga ng mga Barangay
Hon. Cheenee F. Hoya- - - - - SK Federation President
(On Official Business)


In the interest of the public service and on motion of Councilor Jonathan G. Manalo, 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 enact the following Ordinance.

ORDINANCE NO. 20
(Series of 2009)

AN ORDINANCE APPROPRIATING THE AMOUNT OF FOURTEEN MILLION SIX HUNDRED SEVENTEEN THOUSAND PESOS (PHP14,617,000.00) FOR HEALTH AND PEACE AND ORDER PROGRAM OF THE CITY FROM THE SUBIC WATER DIVIDEND INCOME

BE IT ORDAINED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED THAT:

SECTION 1. The amount of Fourteen Million Six Hundred Seventeen Thousand Pesos (PhP14,617,000.00) for Health and Peace and Order Program of the city from the Subic Water Dividend Income is hereby appropriated as follows:

Office of the City Mayor
Maintenance and Other Operating Expenses
Medical, Dental & Laboratory Supplies Expense PHP 8,127,000.00
Subsidy to Barangay Health Centers 2,500,000.00
Subsidy to PNP 490,000.00
James L. Gordon Memorial Hospital
Maintenance and Other Operating Expenses
Medical, Dental & Laboratory Supplies Expense 3,500,000.00
PHP 14,617,000.00

SECTION 2. This Ordinance shall be subject to the usual accounting and auditing rules and regulations.

SECTION 3. The pertinent letter request of the Honorable City Mayor James Gordon, Jr. dated ______________and the Certification dated April 01, 2009 issued by Ms. Liza T. Legaspi, Cashier IV Office of the City Treasury shall be made as an integral part of this Ordinance.

SECTION 4. This Ordinance shall take effect upon its approval.

APPROVED UNANIMOUSLY, April 1, 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)

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

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


ELENA C. DABU JONATHAN G. MANALO
City Councilor City Councilor


CARLITO A. BALOY CHEENEE F. HOYA
President, Liga ng mga Barangay SK Federation President
(Absent) (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 - 57 - EXPRESSING CONCERN ON THE PETITION FOR AMENDMENT OF WATER PERMIT OF SUBIC WATER AND SEWERAGE COMPANY, INC.

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON APRIL 30, 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. 57
(Series of 2008)

A RESOLUTION EXPRESSING CONCERN ON THE PETITION FOR AMENDMENT OF WATER PERMIT OF SUBIC WATER AND SEWERAGE COMPANY, INC. AND AUTHORIZING COUNCILOR JOHN CARLOS G. DELOS REYES AND/OR ATTY. ANGELITO R. OROZCO, CITY LEGAL OFFICER TO REPRESENT THE CITY IN THE HEARINGS OR ANY TRANSACTIONS AND/OR PROCEEDINGS RELATED THERETO


WHEREAS, the Olongapo City government received a notice and order dated March 13, 2008 from the National Water Resources Board (NWRB) pertaining to the Petition for Amendment of Water Permit Numbers 19020, 19028, 19019, 19029 and 19031 issued to Subic Water and Sewerage Company, Inc.;

WHEREAS, the Olongapo City government raises concern over the appropriation of water from the Mabayuan River as its exploitation and utilization may cause permanent environmental damage;

WHEREAS, under Sec. 289 of the Local Government code, Local Government Units shall have an equitable share in the proceeds derived from the utilization and development of national wealth within their respective areas, including sharing the same with the inhabitants by way of direct benefits;

WHEREAS, such concerns on environmental protection and the city government’s right to an equitable share from this resource are valid reasons that ought to be raised before the NWRB and other government agencies;

WHEREAS, the aforementioned concerns raised herein ought to be settled first before any amendment to the water permit be granted to Subic Water and Sewerage Company, Inc.

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 assembled to express, as it hereby express concern on the petition for amendment of water permit of Subic Water and Sewerage Company, Inc. and authorizing Councilor John Carlos G. delos Reyes and/or Atty. Angelito R. Orozco, City Legal Officer to represent in the hearings or any transactions and/or proceedings related thereto.

Let copies of this Resolution be furnished to the National Water Regulatory Board and Subic Water and Sewerage Company, Inc. for their information and guidance.

APPROVED UNANIMOUSLY, April 30, 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

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