eLegis Olongapo City Philippines Sangunian

05 September 2004

2004minutes, august 25.doc

MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON AUGUST 25, 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. Anselmo A. Aquino - - - - - - - - - - “ “
Hon. Edwin J. Piano - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - “ “
Hon. Napoleon F. Capistrano - - - - - - - ABC President

Absent:

Hon. Brian Patrick H. Gordon - - - - - - - City Councilor
Hon. Robine Rose C. Buenafe- - - - - - - SK Federation President

Call to Order

City Vice Mayor and Presiding Officer Rolen C. Paulino, called the session to order at 3:30 in the afternoon.

Roll Call

With ten (10) members and the Presiding Officer present, a quorum was declared.

Reading and Adoption of Minutes

On motion of Councilor Noel Y. Atienza, the body approved the minutes of its Regular Session held last July 21, 2004.

Communications and Referrals of Business

First Reading:

1. Draft Resolution No. 2004 - R - 16 - A Resolution Supporting The Zamboanga City Sangguniang Panlungsod Resolution No. 689, Series Of 2004. Sponsored By Councilor Cynthia G.Cajudo

2. Draft Resolution No. 2004 – R-17 – A Resolution Requesting The Honorable Senator Richard J. Gordon To Intercede For The City Of Olongapo The Release Of The Rightful Shares Of Olongapo City From CYs 1994-1998 Tax Collected Pursuant To Republic Act No. 7227 Otherwise Known As The “Bases Conversion And Development Act Of 1992”. Sponsored By Councilor Cynthia G. Cajudo

3. Draft Resolution No. 2004 – R-18 – A Resolution Favorably Indorsing The Applications Of Innove Communications, Inc. For The Issuance Of Certificate Of Public Convenience And Necessity To Render And Provide International Domestic Leased Line Services In Areas Within The Territorial Jurisdiction Of The Subic Bay Metropolitan Authority To Charge The Corresponding Rates Therefor With Prayer For Provisional Authority And 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. Sponsored By Councilor Edwin J. Piano

4. Draft Resolution No. 2004 – R-19 – A Resolution Expressing Profound Sympathies And Melancholies On The Passing Away Of Former City Mayor, Honorable Geronimo B. Lipumano And Condoling With His Bereaved Family. Unanimous

5. Draft Resolution No. 2004 – R-20 – A Resolution Confirming The Appointment Of Atty. Ma. Ellen M. Aguilar As City Government Department Head II (City Legal Officer), SG-26 Under The City Legal Office. Unanimous


Communications Read:

1. First Indorsement from Mayor Gordon returning to Sangguniang Panlungsod Resolution No. 11, Series of 2004 recommending the appointment of Councilor Anselmo A. Aquino as Olongapo City Representative to the Subic Bay Water and Sewerage Company, Inc. The Mayor has decided to defer action on the same so he can ascertain the factual circumstances and consult with the affected parties. However, he will advise the Sangguniang Panlungsod of his decision as appointing authority within the next few days. (For information)

2. Memorandum from the City Mayor regarding the proposed appointment of Atty. Ma. Ellen M. Aguilar as City Government Head II – City Legal Officer for appropriate action of the Sangguniang Panlungsod. (For information)

3. Second Indorsement from the City Mayor on the notarized Waiver of Possessory Rights executed by Juliana Sevilla in favor of the City of Olongapo, and as per attached First Indorsement dated August 19, 2004 of Atty. Ma. Ellen M. Aguilar, City Legal Officer with the recommendation that the same be referred to the Sangguniang Panlungsod for ratification. (Referred to Councilor Atienza)

4. Committee Report of Brgy. Capt. Napoleon F. Capistrano, LIGA Chapter President, this city on the recently concluded 3rd National Assembly of the National Liga ng mga Barangay held at Holiday Inn Manila last August 19-20, 2004.

5. Letter from the City Mayor informing the Sangguniang Panlungsod on the demise of former City Mayor Geronimo B. Lipumano. The former local chief executive died last August 22, 2004 at the age of 79. The Mayor is requesting the Sangguniang Panlungsod to enact a Resolution extending the city’s condolences to the bereaved family of Mayor Lipumano to honor the man for all his contribution to the development of Olongapo City as City Mayor and as Chief of the Olongapo City General Hospital.

6. Copy of the letter of Ms. Julie U. Reyes, General Manager to Mr. Roland Quilala, Senior Vice President, NAPOCOR, Diliman, Quezon City referring to the bill of the PUD for the period June 26 to July 25, 2004 in the amount of P35,418,822.95 due and payable on August 25, 2004. The city cannot pay the said amount on the due date because of very serious cash flow problem. However, Ms. Reyes assured them that the city’s account will be paid in accordance with the city’s payment arrangement proposal. The following proposed payment is as follows: (copy for everybody)

August 31, 2004 P4,000,000.00
September 6, 2004 5,000,000.00
September 10, 2004 13,000,000.00
September 14, 2004 5,000,000.00
September 20, 2004 8,418,822.95
TOTAL P35,418,822.95

The 16% penalty per annum on the unpaid balance will be included in September 20, 2004 payment.

7. First Indorsement from the City Mayor to Honorable Rolen C. Paulino regarding the letter of Luz C. Marasigan, Inspector General-Luzon, VFP Sons and Daughters Assn., Inc. Veterans Memorial Compound, Ermita, Manila dated August 10, 2004 requesting approval on the use of the City Council Session Hall on Sunday, September 12, 2004 at 10:00 A.M. as venue for the general meeting of all District Presidents in Region III of the VFP-SDAI.

8. Letter from the City Mayor requesting the Sangguniang Panlungsod to consider an ordinance authorizing/approving the transfer of P1,756,010.00 for recognition of additional income from tuition fees, from the accumulated tuition fees collected and deposited under the Trust Fund Account in trust for the Gordon College, and appropriating the same to the item Consultancy Services under Maintenance and Other Operating Expenses of Gordon College. (Referred to Councilors Cajudo and Atienza)

9. Memorandum from the City Mayor to all City Government Employees thru the Department Heads regarding Clean-Up Drive on Augsut 28, 2004, from 8:00 AM to 12:00 noon. The Sangguniang Panlungsod is assigned at the vicinity of City Hall and Rizal Triangle (front and back).

10. Memorandum from the City Mayor to all City Government Officials and Department/Office Heads, All Barangay Captains and Barangay Officials regarding Necrological Services in Honor of Former City Mayor Geronimo B. Lipumano on Thursday, August 26, 2004, 2:00 P.M. at the FMA Hall, 2nd Floor, Olongapo City Hall. All are invited to attend the necrological services and be with the bereaved family of the late City Mayor as we pay him respect in the most fitting way.

11. Copy of Resolutions No. 09 and 10 Series of 2004 of the Sangguniang Barangay of Sta. Rita entitled,

A. “A Resolution Of No Objection Is Hereby Granted By The Barangay Council Of Sta. Rita To The Management Of The Olongapo Memorial Park To Build A Memorial Chapel At The OMP Compound” (For information)

B. “A Resolution Of No Objection Is Hereby Granted By The Barangay Council Of Sta. Rita To The Management Of The Olongapo Memorial Park To Develop And Operate A Mountain Resort In Barangay Sta. Rita” (For information)

12. Copy of the Committee Report of Councilor Anselmo A. Aquino on the verbal request of the Vice Mayor to inspect the road condition at Irving St., Brgy. East Tapinac between 14th and 16th Streets. Councilor Aquino did an ocular inspection and talked to the foreman in-charge about the matter. It was agreed upon, that such Streets be fixed not later than Monday, August 23, 2004. Follow-up inspection was conducted today, August 24, 2004 and was found out that everything is done.

13. Copy of Resolution Nos. 11 and 12 of the Sangguniang Barangay of Barangay Old Cabalan entitled:

A. “A Resolution Approving The Use Of The Unappropriated Balance Of Barangay Fund CY 2003 for The Monetization Of Barangay Old Cabalan”

B. “A Resolution Approving The Payment Of Terminal Leave Of The Former Barangay Officials Of Barangay Old Cabalan”
(Referred to the Committee on Brgy. Affairs and Councilor Atienza)

14. Copy of the Committee Report of Councilor Noel Y. Atienza recommending that the contracts entered into between the City of Olongapo and tenants of the Olongapo City Mall be ratified by the Sangguniang Panlungsod.


Committee Reports

Councilor Perez gave out the details of her meeting with Mayor Bong Gordon and Ms. Marilyn Osio regarding the immediate plans for a cleaner and greener Olongapo.

In line with the Mayor’s project called Tree Ownership and Parenting, the City through the Environmental Sanitation and Management Office (ESMO) and the Beautification Office shall spearhead tree and vegetable planting activities where participants have to acquire their own seedlings and plant them on a designated area. The trees will be numbered and a certificate of Tree Ownership and Parenting shall be issued to the one who planted the same, to testify that he/she owns the tree and it is his/her responsibility to take good care of it. The City shall identify a vacant lot and designate such for the said tree planting.

Also, the Councilor was glad to report that her requests for the needs of the nursery and beautification office had been personally addressed by the City Mayor himself such as the service bike as well as the seedling replenishment.

Councilor Atienza rendered a report on the heavy downpour and high tide that caused Purok 1 of Sta. Rita flooded. He explained that since it is a Wednesday, the schedule of garbage collection in the area, the residents had already brought out their garbage and because of the heavy downpour, the said garbage were flushed with the surging flood water clogging the main drainage of the area. He requested the Committee on Engineering to help clean the said clogged drainage.

Secondly, the Councilor also took the opportunity to thank the Mayor for giving them the permission to conduct free legal clinic. Though a dry run had already been held last July 23, the next one which will cater to pauper litigants will be held at Barangay New Cabalan on Aug. 28 from 8:00 a.m onwards which will be participated by volunteer lawyers.

Councilor Atienza also made a report regarding the contracts entered into by the local chief executive. Through careful study, the contracts complied with the essential requisites of a valid contract and are then recommended for ratification.

Regarding the referred addendum on the contract for traffic services, Councilor Atienza said that upon research, he found that the original contract was not yet ratified by the Council. Thus, the ratification on the present addendum cannot be acted upon unless the Council ratifies the original contract which may be scheduled next session.

About the case of Lilia Salonga against Barangay Capt. Alba and the counter affidavit of Brgy. Capt. Apalit against Brgy. Kgd. Espinosa, subpoenas for the preliminary conferences had already been issued. A clarificatory hearing or the submission of the case for resolution are being considered, he said.

When asked on the appeal of Brgy. Capt. Danilo Fernandez, Councilor Atienza shared to the body that his Committee treats it as a motion for reconsideration with an undertaking to submit the same to the august body and as such shall submit his recommendation within a week.

Councilor Aquino made note that the excess construction materials piled at Irving St. between 14th and 16th Streets were already cleared through the help of the foreman whom he instructed to do the same last Monday. Through an inspection conducted last Tuesday, the place was already cleaned - up.

Councilor Cajudo stated that according to the caucus held two weeks ago regarding Resolution 689 of Zamboanga City which requests support to allow domestic shipping lines to increase their freight cargo fare and passenger rates up to four times a year or 30 % a year, no one opposed to the said measure. For this, she will be sponsoring the same at the right time.

Regarding the complaints against Kgd. Socorro Barroga which was referred to the Committee as a whole, Councilor Cajudo in her capacity as Vice-Chair of the Committee on Investigation (since the Chair, Councilor Atienza inhibited himself) drafted a memorandum addressed to Capt. Delos Santos for him to notify the said Kagawad regarding the said complaint and reply on the accusation lodged against him.

Councilor Marzan gave an update on the series of meetings conducted at the Gordon College last July 31 and Aug. 1, 2004, where students of the College of Allied Medical Services and their parents attended. The meeting discussed mostly on the collection of the Related Learning Experience (RLE) fee. The following issues and concerns were raised:

1. The capability of the Gordon College to help parents to claim (reimburse) the RLE fees they paid from the institutions handling their son’s/daughter’s educational plan and other institutions such as the GSIS.

For this concern, the school will try its best to address the said matter and requested the parents to furnish the school, copies of the policies of the said educational plan.

2. Scholars to pay their RLE fees

The school stated that its officials will discuss this particular concern and give the decision the soonest possible time.

The school also assured the parents that due consideration will be given to those students within the prescribed period. To grant the said request for consideration, the Dean or the College Administrator will base the said grant through an evaluation.

3. Start and mode of payment

Payment Scheme:

50% within the Aug. 15-30, 2004 period
50% to be paid before finals of the first semester of SY 2004-2005

The said payment scheme/computation and collection of the RLE fees were agreed upon by the parents.

Councilor Marzan also presented to the body the signatures of parents who attended the said meeting, together with the comparative studies of payments being paid by nursing students from other schools in Olongapo City as well as the basis on the computation of the RLE fee.

Vice Mayor Paulino requested the proponent, Councilor Marzan to submit a report on the number of scholars the college have, the qualification and process of selection and inquired if the school accepts CAP, PET and other educational plan holders.

Councilor Piano made note that he attended the North Luzon Regional Leaders Convention last Aug. 20-21, together with the Y’ers and Directors of the local Young Men Christian Association (YMCA). He relayed that the group expressed its profound gratitude to the City Council specifically to the Vice Mayor for giving assistance for the delegates who participated in the said convention. He also announced that next year’s convention will be held here in the City on October 2005. We will also be hosting the next tour of Luzon Regional Leaders Convention where the YMCA will introduce a new game/sport called TASPONY, he said. It can be marked that the YMCA was instrumental in introducing the basketball and volleyball games in the country in 1901. We are indeed privileged that the said sport will be brought here in the City first, he added.

Councilor Piano also shared to the body that last August 23, Innove Communications, Inc., a subsidiary of Globe Telecom presented their intention to provide alternative telecommunication services to the City and the Subic Bay Freeport Zone. The said presentation was attended by Mr. Nards Perez, consultant on Telecommunications, Councilor Gina Perez, Vice-Chair Committee on Telecommunications among others. He also commented that this is a good opportunity for us to avail an alternate telephone service provider, since they offer lower rates and better wireless services.

Thirdly, Councilor Piano gave an update on the matter referred to him regarding the strike vote of employees at Legenda. A work stoppage was decided upon by the said workers after their consultation held last Monday and Tuesday. The next move they have scheduled is the conduct of final collective bargaining agreement with the management of Legenda. If the negotiation still bogs down, they will submit a notice of strike and can legally conduct the same after 7 days. He hoped that the final negotiation to be held the next day will have positive results so that the work stoppage will be avoided.

When asked by the Presiding officer, how many people will be coming on the YMCA Convention on October 2005, Councilor Piano answered 200-500 people.

Regarding the Innove Telecommunication, the Presiding Officer also inquired if they can provide broadband services.

Councilor Piano answered that the said company will introduce Y-Pi, which makes use of fiber optics and not physical cables or wires in providing the entire City with internet access.

Councilor Perez thanked the Presiding Officer for the new responsibility laid upon her as Chair of the Committee on Organizational Development and Personnel Matters.

For this subject matter, the Councilor is in the process of studying the system being followed by the personnel and later on she will recommend a set of procedure such as personnel requisition procedure to follow, recruitment process, application and submission of necessary documents, screening of applicants through examination and interview, hiring and issuance of contract. She also detailed the following important procedures:

1. An orientation to clarify the employee’s scope of work, definition of appointment such as contractual, casual, project, seasonal or provisionary or regular will be implemented.
2. Consideration on the condition of the employee, if he/she is comfortable with here work station.
3. In accordance with employee’s performance, assessment if he/she receives the right benefits. (For this, regular performance of evaluation should be conducted by the direct supervisor and then his/her Department Head. If there are problems, counseling should be implemented to give that particular employee a push through performance evaluation, we can also determine a commensurate salary adjustment and other benefits for the said employee and consider the performances of employees who pursue graduate studies and assess equivalent benefits.)
4. Application of additional seminars and training to retool the employees.

5. Evaluation of retirement benefits


Calendar of Business

Second Reading:

On successive motions of Councilor Edwin J. Piano, the body unanimously approved one after the other the items on second and final readings, to wit:

1. 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”.

2. 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.


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-19 – A Resolution Expressing Profound Sympathies And Melancholies On The Passing Away Of Former City Mayor, Honorable Geronimo B. Lipumano And Condoling With His Bereaved Family. Unanimous

2. Draft Resolution No. 2004 – R-20 – A Resolution Confirming The Appointment Of Atty. Ma. Ellen M. Aguilar As City Government Department Head II (City Legal Officer), SG-26 Under The City Legal Office. Unanimous.

3. On joint motion of Councilors Cynthia G. Cajudo and Noel Y. Atienza the body approved Ordinance Authorizing/Approving The Transfer Of One Million Seven Hundred Fifty Six Thousand Ten Pesos (PhP1,756,010.00) For Recognition Of Additional Income From Tuition Fees, From The Accumulated Tuition Fees Collected And Deposited Under The Trust Fund Account In Trust For The Gordon College, And Appropriating The Same To The Item Consultancy Services Under Maintenance And Other Operating Expenses Of Gordon College.

B. Vice Mayor Paulino shared to the body that he attended the 50th Wedding Anniversary of Mr. & Mrs. Tomasito Angeles. He shared that it is indeed wonderful to see families as intact as theirs and hoped that all families in Olongapo will be the same.

Councilor Perez reminded that copies of the flowchart of legislative proposals in the Sanggunian had been disseminated, in response to the question on urgent measures proposed by committees concerned. An example on how such measures take its track had been stated until they are approved. She hoped that the body will give due consideration on the said proposal.
Councilor Cajudo made her observation on Rule #21, as called by Councilor Marzan which they waived to give way for the approval of the said measure. Also, she asked if the body shall approve the flowchart, will there be sanctions if the same will not be observed.

Councilor Perez answered that such questions will be referred to the Committee on Rules.

Councilor Atienza cleared that there is no penalty for the non-observance of the said measure. On the waiver or suspension of rules, particularly on Section 21 of the Internal Rules, the flowchart already includes the urgent measures certified urgent by the City Mayor.

To further deliberate on the query, Vice Mayor Paulino set a meeting on the following Monday with all Councilors.

Councilor Piano also announced that on Aug. 26, 2004 Peninsula Lions Club will be conducting their feeding, medical and dental services, all for free at the Pag-Asa Covered Court. On Friday, the YMCA will sponsor a city-wide Chess Tournament at the Olongapo City Mall. This Tournament will also be provincial-wide and Mayor Bong Gordon is scheduled to grace and open this event, he said.

On August 31, a public hearing is set at the Session Hall to assess the request of Digitel for the construction of their cell site at Gordon Heights.

Another matter raised by Councilor Piano is about stolen cellphones and repair problems which will be addressed by the National Telecommunications Commission on a forum/public hearing to be set by the Committees on Business and Telecommunications.

The last announcement is about the Central Luzon Swimming Competition to be held at the YMCA on Sept. 4, 2004 which is dubbed as James L. Gordon Cup. Members of the Council are invited.

Councilor del Rosario made an announcement on the arrival of the FEDEX Express Basketball Team. Their courtesy call to the Mayor is scheduled on Saturday at 1:00 p.m. A Fans Day is set afterwards.

The Vice Mayor acknowledged the efforts of the Barangay Workers under the leadership of Kgd. Capistrano for their quick response during the flood.


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