eLegis Olongapo City Philippines Sangunian

05 September 2004

2004minutes, august 19.doc

MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON AUGUST 19, 2004
AT THE CITY HALL.

Present:

Hon. Rolen C. Paulino - - - - - - - - - - - City Vice-Mayor & Presiding Officer
Hon. Noel Y. Atienza - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo - - - - - - - - - - - “ “
Hon. Teodoro D. Del Rosario - - - - - - - “ “
Hon. Bella P. Asuncion - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan - - - - - - - - “ “
Hon. Angelina B. Andrada -- - - - - - - - “ “
Hon. Brian Patrick H. Gordon - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - “ “
Hon. Edwin J. Piano - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - “ “
Hon. Robine Rose C. Buenafe- - - - - - - SK Federation President

Absent:

*Hon. Napoleon F. Capistrano - - - - - - - ABC President

Call to Order

Today’s session is in lieu of yesterday’s regular session because majority of the Sangguniang Panlungsod members attended the Local Chief Executive Forum conducted by the Civil Service Commission in Iba, Zambales.

City Vice Mayor and Presiding Officer Rolen C. Paulino, called the session to order at 3:50 in the afternoon.

Roll Call

With eleven (11) members and the Presiding Officer present, a quorum was declared.

Reading and Adoption of Minutes

On motion of Councilor Noel Y. Atienza, the body deferred the adoption of the minutes of its Regular Session held last July 21, 2004 for further correction.


Communications and Referrals of Business

First Reading:

1. Draft Resolution No. 2004 – R-12 – A Resolution Strongly Indorsing To The Office Of The President Of The Republic Of The Philippines The Appointment Of Mr. Teodoro D. Del Rosario As Director Representing The City Of Olongapo To The Subic Bay Metropolitan Authority (SBMA). Unanimous.


___________________________
*On Official Business



2. Draft Resolution No. 2004 – R-13 – A Resolution Indorsing The Approval Of Senate Bill No. 848, Entitled, “An Act Increasing The Monthly Salaries Of Contractual Workers By Fifty Percent (50%) Of Their Monthly And/Or Daily Compensation And For Other Purposes”. Sponsored By Councilor Edwin J. Piano.

3. Draft Resolution No. 2004 – R-14 – A Resolution Accrediting Certain Non-Governmental Organizations, People’s Organizations And Private Sector Organizations For Purposes Of Membership In Local Special Bodies In Olongapo City Pursuant To The Provisions Of Republic Act No. 7160 Otherwise Known As The Local Government Code Of 1991. Sponsored By Councilor Edwin J. Piano.

4. Draft Resolution No. 2004 – R-15 – A Resolution Expressing The City’s Sincerest Condolences On The Demise Of Former First Lady Luz Banzon-Magsaysay. Unanimous.


Communications Read:

1. Letter intent for accreditation of the following:
a. Ulo Ng Apo Amateur Radio Club, Inc.
b. Samahang Ugnayan Ng Mga Gawaing Pampamayanan Sa Olongapo (SUGPO)
c. Philippine Institute of Civil Engineers, Inc.
d. Rotary Club of Downtown Olongapo
(For information)

2. Letter from Takashi Kaneko, Manager, Club Tourism International, Japan expressing sincerest thanks to the City for the support and assistance with regard to the Caregivers’ Project at Gordon College. (Referred to Councilor Marzan)

3. Copy of the letter of Brgy. Capt. Danilo S. Fernandez, Brgy. Mabayuan informing Mayor Gordon that he will be discharging his duties and responsibilities as the incumbent Punong Barangay of Mabayuan on August 18, 2004 having served his suspension for a period of six (6) months.

4. First Indorsement from the City Mayor forwarding to the Sangguniang Panlungsod the First Indorsement from Eliseo P. De Guzman, City Director, DILG, Olongapo City dated July 26, 2004 of DILG Memorandum Circular No. 2004-85 entitled, “Implementation of the Smoking Ban in Public Places”, with a proposed/model ordinance on smoking regulation in public places pursuant to the provisions of Republic Act No. 9211 otherwise known as the Tobacco Regulation Act of 2003 and its Implementing Rules and Regulations. (Referred to Councilors Gordon, Aquino and Andrada)

5. Copy of the letter of Brgy. Capt. Luis R. Grospe, Brgy. East Bajac-Bajac Mr. Benjamin Dekit, President, Olongapo-Tipo Transport Service Coop., Inc. (OTTSCI) and Board of Directors, OTTSCI regarding the observations of the residents of Canda St. and City Health Department on the noise and air pollution of the jeepneys, thus they are given 30 days to find a parking area for their jeepneys. (For information)

6. Letter from Taongbayang Umaayaw sa Balak na Increase sa singil ng Tubig seeking the intervention of the City Government on the proposed water rate increase of Subicwater to be implemented on September 2004. (Referred to Councilor Aquino)

7. Copy of an Order from the Department of Telecommunications, Subic Bay Freeport Zone regarding the application of Innove Communications, Inc. for the issuance of certificate of public convenience and necessity to render and provide international and domestic leased line services in areas within the territorial jurisdiction of the Subic Bay Metropolitan Authority and to charge the corresponding rates therefor with prayer for provisional authority. Application will be heard on September 1, 2004, 2:00 P.M. at Telecommunications Department, Bldg. 532, Waterfront Road, Subic Bay Metropolitan Authority. SBMA Case No. 04-001. (Referred to Councilor Piano)

8. Copy of an Order from the Department of Telecommunications, Subic Bay Freeport Zone regarding the Application of Innove Communications, Inc. for the issuance of certificate of public convenience and necessity to establish, install, operate and maintain local exchange carrier service, particularly integrated local telephone service with public payphone facilities and public calling stations within the territorial jurisdiction of the Subic Bay Metropolitan Authority to charge the corresponding rates therefor with prayer for provisional authority. Application will be heard on September 1, 2004, 2:00 P.M. at Telecommunications Department, Bldg. 532, Waterfront Road, Subic Bay Metropolitan Authority. SBMA Case No. 04-002. (Referred to Councilor Piano)

9. Letter from the City Mayor requesting the Sangguniang Panlungsod to consider an ordinance authorizing/approving the transfer of P892,361.45 from the accumulated tuition fees collected and deposited under the Trust Fund Account in trust for the Gordon College to the General Fund Account, for final recognition by the Gordon College of the income from tuition fees. This is for the construction of an Amphitheater Type Skills Laboratory intended to meet one of the major requirements of CHED for the recognition of the College Nursing Program of the Gordon College. (Referred to Councilor Cajudo)

10. Letter from the City Mayor requesting the Sangguniang Panlungsod to consider an ordinance authorizing/approving the transfer of P8,701,446.45 from the accumulated tuition fees collected and deposited under the Trust Fund Account, in trust for the Gordon College, to the general Fund Account for final recognition of income from tuition fees to sustain the accounts already appropriated in its current budget and repayment of over-subsidy from the General Fund. (Referred to Councilor Cajudo)

11. Copy of the letter of Olongapo City Tricycle Operators Drivers Association, Zone III informing Mayor Gordon that it has come to their knowledge that Zone VII with route to Gordon Heights will be created without consulting them thus, they are strongly objecting for the creation of the said Zone. (Referred to Councilor Cajudo)

12. Letter from the City Mayor furnishing to the Sangguniang Panlungsod copies of the contracts between the City of Olongapo and tenants of the Olongapo City Mall. (For information and review of Councilor Atienza)

13. Request for a resolution from Digitel Mobile Phils. Inc., DMPI, to grant them to construct, install and operate a cellsite station in the property of Juliet Reyes, located at Blk I Upper Federico, Gordon Heights, Olongapo City. (Referred to Councilor Piano)

14. Letter from Emanuel E. Ramos, OIC, Business Permit Division referring to the City Council the peddlers of finger foods operating rampantly in the City of Olongapo City. (Referred to Councilors Del Rosario and Andrada)

15. Appeal letter of Danilo S. Fernandez, Punong Barangay Mabayuan addressed to the Barangay Grievance Board and Sangguniang Panlungsod, Olongapo City regarding the decision of 30 days suspension on Adm. Case No. 2003-05 for collection of sum of money. (Referred to the body as a Whole)

16. Second endorsement from the City Mayor referring the matter to the Barangay Grievance Board, Sangguniang Panlungsod, this City, the attached first endorsement from Dir. Nelda D. Leda, Officier-in-Charge, National Barangay Operations Office, Department of the Interior and Local Government (DILG), Diliman, Quezon City, dated July 28, 2004 of the complaints for Barangay Gordon Heights, this City against Brgy. Kagawad Angie Socorro Barroga together with the letter of the said barangays dated June 8, 2004 pursuant to Section 1 of Ordinance No. 58, Series of 2002 as amended by Ordinance No. 75-A, Series of 2002.

17. Letter from the City Mayor informing the Sangguniang Panlungsod that the Annual Lakad Lakad activity is slated on October 3, 2004 which is the day of the actual walk. He is enjoining the support of city officials, government employees and barangay officials to ensure the success of the Alay-Lakad projects. The amount of P200.00 will be deducted from each of the city councilors and department heads starting September 2004 as their financial contribution for the Alay-Lakad projects. Asst. Dept. Heads, Division Chiefs, Php100.00, rank and file, Php20.00 and for large barangays, Php2,000.00, small barangays Php1,000.00. (For information)


Committee Reports

Councilor del Rosario gave the highlights of the Olongapo City Local Price Coordinating Council Meeting in line with the celebration of the Consumer Month on October. The theme for this year’s celebration will be “Food and Drug Safety for All” for which the Department of Health will stand as the lead agency.

Since the month of October is packed with activities such as the Senior Citizens and United Nations Months and the said LPCC celebration, it is recommended that only one (1) motorcade for the said events be held on October 1, he said.

For this occasion, Councilor del Rosario enumerated the other two (2) special events, to wit:

1. Free Specialized Medical and Dental Clinic

- Blood sugar and cholesterol testings and bone scanning will be conducted.

2. Food Handling Seminar

This activity intended for fast foods, canteens and turo-turos will be spearheaded by the City Health Department so as to train their personnel on proper food handling and preparation.

He also informed the body of the saturation drives conducted in all markets including “talipapas” and ambulant vendors to check for the right weights and measures. The weighing scales will be labeled and registered to the City Treasurer’s Office.

Also for the month of October, consumers can expect of the City-wide sale in time for the Consumer Welfare Month. Different establishments, restaurants, mall, supermarkets will be offering their discounts for that whole designated last week of October.
He also announced that our Public Market ranked 4th out of the 20 plus markets which participated in the Region III’s Best Public Markets. When evaluated, it was noted that we garnered less points on the implementation of Tag Prices.

The Councilor also informed everyone that the Local Price Coordinating Council is one of the candidates for the Best Council in Region III. We will be listed in the Hall of Fame if we will win this year, he said. Through discussion with DTI officials, it was also noted that the usual complaint of consumers in the City relates to cellphone repairs and dealership. The proliferation of reconditioned cellphones sold as brand new, no warranty and tagged as LCD tested but actually not, were among the complaints. For this, the City will devise ways to address this concern since the NTC only looks on the big carriers of telecommunications such as Globe, Smart and Sun Cellular. He warned the consumers to check on these abuses of cellphone dealers.

The Presiding Officer checked if the distribution of the fake prepaid cards, one of the headlines, reached the City.

Councilor del Rosario assured that according to the DTI, such distribution only happened in Manila and the offenders had already been apprehended.

On the concern raised by Councilor Ted del Rosario, Councilor Piano aired that last week there was a meeting held at the Gordon College between the school officials and officials of the TESDA acknowledging that there are indeed problems regarding cellphone repairs. To regulate the said businesses, TESDA will be conducting a training and the trainees thereof will be given licenses by the City. The City shall promote to everyone that for their repair needs they must go only to certified TESDA technicians.

The Vice-Mayor and Councilor Piano agreed that this is a good livelihood program.

Councilor Piano apprised the body that last Aug. 17, 2004 the City Government Officials, Department Heads and other concerned undertook a seminar regarding the implementation of R.A. 9184 otherwise known as the Government Procurement Reform Act where Department of Budget and Management Regional Director Elisa Salon together with Budget Officer Helen Escano stood as speakers. They explained the important provisions and steps in the implementation of the said law. An open forum regarding the government’s system in the procurement of goods, availment of consultancy services and the awarding of civil works were conducted.

Also, the councilor stated the highlights of yesterday’s attendance of the Council to the Executive Forum at Iba, Zambales. Governor Ramon Lacbain stressed that this is the first time where all of the officials of Olongapo and Zambales converged. Indeed, this is a momentous event, according to Councilor Piano.

In the meeting, CSC Under Secretary Nelson Acebedo discussed the Core Principles of the Civil Service Commission.

Councilor Piano also shared to the body that this month of August the Philippine Overseas Employment Agency gave the City constituents the opportunity for employment in Korea. This information was disseminated to the barangays where 295 applicants had been endorsed at the POEA. Last week, the POEA replied that 28 out of 295 applicants qualified to the requirements set and are now processing their papers.

For his last report, Councilor Piano informed the body that the Kilusang Manggagawa ng Legenda furnished him a copy of their letter, consulting his office on their proposed move for a strike vote on Aug. 23 & 24, 2004. The letter airs their sentiments and their steps for a collective bargaining agreement which did not materialized.

Councilor Atienza expressed his desire to inhibit himself on the matter for investigation regarding complaints against Barangay Kgd. Angie Socorro Barroga of Gordon Heights, which was referred to him by the City Mayor. As Chairman of the Committee on Investigation, he entrusted the matter to his Co-Chairman, Councilor Cajudo.

Secondly, Councilor Atienza relayed that on the letter sent by a certain Lilia Salonga for the Barangay Grievance Board, specific action thereof shall be subject to the organization of the Barangay Grievance Board, where its members are yet to be assigned.

On his last report, Councilor Atienza informed the body that Barangay Kagawad Espinosa of Asinan already submitted his affidavit regarding his complaint against Barangay Chairman Apalit.

Councilor Cajudo put on record that before the session that day, the two letter requests of the Mayor regarding transfer of Trust Fund accounts to the General Fund specifically for the use of the James L. Gordon College had been discussed. She thanked the councilors for heeding to the short notice regarding the said matter.

Councilor Marzan expressed that the residents of Block 27 Gordon Heights are thankful for the opening of the St. Anne Extension in their community.

Also, the Councilor updated the body regarding developments pursued at the Gordon College. The construction of the Amphitheater will be benefiting the nursing students, who comprise 50% of the enrollees at the Gordon College. By the said construction, the college will now be compliant to the CHED requirement. The said college had also used up its 10 million peso-subsidy from the City of Olongapo, to fund several developments such as the acquisition of computers, books, equipment for the audio-visual and the function rooms. She also emphasized that good and quality education is not cheap but such expenditure should not limit the City in its thrust to provide quality education at affordable cost. For this, she hoped that the City will continue to provide fund support for the college since it had been agreed upon that such financial support shall be until the college’s 5th year.

The Vice Mayor and Presiding Officer instructed Councilor Marzan to look into the possibility of constructing a sports field proximate to the college.

Councilor Brian Gordon rendered a report on the brutal murder of Mary Anne Briones, 19 years of age, last August 15, 2004. She was stabbed to death 21 times by suspect Alfredo Castillo Mahinay, a known shabu user.

At the end of August 15, pictures of the suspect who remained at large were disseminated by the PNP and Barangay Officials to ensure that he would not get out of the City, the Councilor said.

On August 16, at 11:30 p.m., the Councilor had already talked with the family of Alfredo Mahinay and convinced them for the possible surrender of the suspect. The following terms of surrender were stated and implemented:

1. His mother, wife and child together with two police officers namely Mangila and Rodel Sarmiento will be the ones who will pick-up the suspect at Kawit, Cavite.

2. No one shall harm the suspect along the process as assured by Senator Richard Gordon himself and Councilor Brian Gordon as Chairman, Committee on Peace and Order.

3. The suspect with his family and the police officers shall meet him at the Olongapo City boundary and transfer to the Councilor’s own vehicle to ensure his safety.

On August 17, after 72 hours, the suspect was apprehended at 4:30 in the morning at Kawit, Cavite. They arrived in the City between 7:30-8:00 a.m., where the suspect was presented to Mayor Gordon. Afterwards, he was surrendered to the police authorities at Station 1.

The Councilor added that in such police operation, it is but proper to give due commendation to officers Mangila, Sarmiento, Brgy. Chairman Grospe and civilian agent Babot Gregorio who were indeed instrumental in the speedy apprehension of the suspect.

The Councilor also extended deepest sympathies to the Briones Family for the tragic loss of a family member.

The Vice Mayor and Presiding Officer thanked Councilor Gordon for the swift action of his committee on this matter. He also informed the body that for and on behalf of the City, he together with the City Mayor attended the funeral of Mary Anne Briones.

The Vice Mayor also commended the prompt action of Councilor Aquino regarding the cleaning of Kessing St., from 14th to 16th Streets. But he will also give another assignment to the said Councilor and that is to take a look if the City already paid the contractor who repaired Begonia St., at Sta. Rita and double-check other problems thereof.


Calendar of Business

Second Reading:

1. On motion of Councilor Marey Beth D. Marzan, Draft Resolution No. 2004 – R-11 – A Resolution Organizing The Standing Committees And Electing The Chairmen, Vice-Chairmen and Members Of Each Standing Committee Of The City Council Of Olongapo For The Year 2004-2007, was approved unanimously on second and final readings. Co-Sponsored By Councilors Noel Y. Atienza And Brian Patrick H. Gordon

Other Matters

A. The following items were considered by the body as urgent matters and were unanimously approved on first, second and final readings:

1. Draft Resolution No. 2004 – R-15 – A Resolution Expressing The City’s Sincerest Condolences On The Demise Of Former First Lady Luz Banzon-Magsaysay. Unanimously sponsored.

2. An Ordinance Transferring The Amount Of Eight Million Seven Hundred One Thousand Four Hundred Forty Six Pesos And 45/100 (PhP8,701,446.45) From The Trust Fund To General Fund Recognizing The Said Amount As Income From Accumulated Tuition And Related Fees Of The Gordon College. Sponsored by Councilor Cynthia G. Cajudo.

3. A Resolution Approving The Construction Of An Amphitheater Type Skills Laboratory At The Gordon College. Sponsored by Councilor Anselmo A. Aquino and co-sponsored by Councilor Marey Beth D. Marzan.

4. A Resolution Indorsing Councilor Gina G. Perez, To Represent The Sangguniang Panlungsod To The People’s Law Enforcement Board (PLEB). Sponsored by Councilor Anselmo A. Aquino.

5. An Ordinance Transferring The Amount Of Eight Hundred Ninety Two Thosuand Three Hundred Sixty One Pesos And 45/100 (PhP892,361.45) From The Trust Fund To General Fund Account For The Construction Of The Amphitheater Type Skills Laboratory Of Gordon College. Sponsored by Councilor Cynthia G. Cajudo.

B. On motion of Councilor Edwin J. Piano, the body approved Draft Resolution No. 2004 – R-12 – A Resolution Strongly Indorsing To The Office Of The President Of The Republic Of The Philippines The Appointment Of Mr. Teodoro D. Del Rosario As Director Representing The City Of Olongapo To The Subic Bay Metropolitan Authority (SBMA).

Councilor Teodoro D. Del Rosario abstained.




C. Other Matters Discussed:

1. Councilor Gina G. Perez presented to the body the Flow Chart of Legislative Proposal.

2. Councilor Teodoro D. del Rosario suggested to his colleagues that matters for Agenda be submitted early.

3. The Presiding Officer reported the conduct of a Medical-Dental Mission at Barangay Sta. Rita last Saturday, in cooperation with the Olongapo City Jaycees. Patients numbering to almost 500 persons were treated. Also present were Councilor Atienza and the barangay officials. Furthermore, the Vice Mayor stressed his intent for the strict implementation of the curfew for minors.

In relation to the aforementioned report, Councilor Piano informed the mission conducted by the Olongapo City Lion’s Club, in celebration of the Sight Savings Month. Two Hundred eyeglasses were distributed. Eye check-up and screening of patients who are qualified for cataract operations were done. Contact person for those who are interested is Mr. Ed Darum, President of the Peninsula Lions Club.

Adjournment

There being no further business to be discussed, the session was adjourned at 5:10 in the afternoon.

I HEREBY CERTIFY TO THE
CORRECTNESS OF THE FOREGOING:


ELFLIDA S. SALMON
Council Secretary


ATTEST:


ROLEN C. PAULINO
City Vice-Mayor & Presiding Officer