eLegis Olongapo City Philippines Sangunian

05 September 2004

2004minutes, october 13.doc

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON
OCTOBER 13, 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. Napoleon F. Capistrano - - - - - - - ABC President
Hon. Robine Rose C. Buenafe- - - - - - - SK Federation President

Absent:

None.


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 all members and the Presiding Officer present, a quorum was declared.


Reading and Adoption of Minutes

On motion of Councilor Noel Y. Atienza, the body adopted the minutes of its Regular Session held last September 01, 2004.

The Presiding Officer recognized the presence of Mr. Doroteo C. Gaerlan, Inventor and CEO of Garland Development & Construction Corporation and Mr. Mauro Centeno, Project Officer.

Mr. Gaerlan presented before the body his invention regarding the solution to the garbage problem of the country and maybe will start in Olongapo City.

After the presentation and discussion, Councilor Atienza thanked the proponent and requested to give the city ample time to study the proposal.


Communications and Referrals of Business

First Reading:

1. Draft Resolution No. 2004-R-46 - A Resolution Favorably Endorsing The Holding Of The Kristong Hari Festival In The City Of Olongapo On November 20-21, 2004. Sponsored By Councilor Angelina B. Andrada

2. Draft Ordinance No. 2004-O-17 - An Ordinance Amending Section 5 Of Ordinance No. 32, Series Of 2001 Otherwise Known As "An Ordinance Repealing All Ordinances Related To The Operation Of "For-Hire" Public Utility Jeepneys In The City Of Olongapo And Establishing The Norms For Operation Of Such Applicable To The Present Time." Sponsored By Councilor Cynthia G. Cajudo.

3. Draft Ordinance No. 2004-O-18 - An Ordinance Amending Section 1 Of Ordinance No. 13, Series Of 1998 Otherwise Known As "An Ordinance Further Amending Section 3 Of Ordinance No. 4, Series Of 1983, Otherwise Known As The "Tricycle Ordinance Of 1983," As Amended By Reducing The Number Of Tricycle Zones From Eight (8) Zones To Five (5) Zones. Sponsored by Councilor Cynthia G. Cajudo

4. Draft Ordinance No. 2004-O-19 - An Ordinance Creating A Special Franchise For The Operation Of Tricycles At Zone III, Barangay Gordon Heights, Olongapo City. Sponsored By Councilor Cynthia G. Cajudo

Communications Read:

1. Copy of the Complaint-Affidavit submitted by Edgardo Danugrao, Jr., Alejandro Grande, Jr., Conrado G. Padilla and Eduardo De Ocampo all barangay kagawads of Brgy. Mabayuan against Mabayuan Brgy. Capt. Danilo Fernandez for violation of Sec. 3, RA 3019 (Anti Graft and Corrupt Practices Act) and Article 217 (Malversation of Public Fund) of the Revised Penal Code. (Referred To The Committee On Laws)

2. Copy of the letter from Brgy Mabayuan Kagawad Edgardo Danugrao to the City Mayor clarifying some very important issues which unfortunately has already been reported to the media without first going through the proper channel/s regarding the allegations of Brgy. Capt. Danilo Fernandez on several properties of the barangay that are missing and/or unaccounted for. (Referred to Councilor Atienza)

3. Memorandum from the City Mayor inviting all City Government/Office Heads and All City Government Employees to enroll at Virgen Delos Remedios College-Graduate School. (For information)

4. Copy of Resolution No. 017, Series of 2004 from Barangay New Asinan, entitled, “A Resolution Authorizing The Barangay Council Of Asinan To Establish A “Stall” Located At 6th St., Corner Gordon Ave., New Asinan, Olongapo City, In Addition To Our Income” (Referred to the body as a Whole)

5. Letter from the City Mayor furnishing to the Sangguniang Panlungsod contracts between the City of Olongapo and the tenants of the Olongapo City Mall and requesting that the said contracts be ratified. Likewise, requesting that amendments be made on the contracts of the bargain stall tenants particularly on their monthly rentals. (Referred to Councilor Atienza)

6. Letter from the City Mayor informing the Sangguniang Panlungsod that the city government continues to promote the welfare of children and the women sector in our community through relevant programs implemented through the City Social Welfare and Development Office, thus, an orientation on the laws that protect the welfare of children and women will be conducted with Hon. Renato J. Dilag, Presiding Judge, Branch 73, RTC as guest speaker on October 13, 2004, 1:00 PM at the FMA Hall. The three relevant laws to be discussed are as follows:

1. R.A. 9208 – Anti-Trafficking in Person (2003)
2. R.A. 7610 – Child Abuse
3. R.A. 9262 – Violence Against Women & Children
The Mayor is also inviting the honorable members of the Sangguniang Panlungsod to attend the said activity. (Referred to Councilor Marzan)

7. Memorandum from the City Mayor informing everyone that there will be a free Orientation-Seminar to be conducted by representative of Philhealth office for all city government officials and employees on October 21, 2004, 8-12 a.m. and 1-5 p.m. at the FMA Hall. Submission of attendees to the Personnel Office on or before 15 October 2004. (For information)

8. Copy of the memorandum issued by Brgy. Capt. Danilo S. Fernandez penalizing Brgy. Kgds. Edgardo C. Danugrao, Eduardo De Ocampo and Conrado Padilla thru deduction from their monthly honorarium the amount which is tantamount to the number of days that they did not comply with their assigned duties as per Resolution No. 18, Series of 2004. (Referred to Councilor Atienza)

9. Copy of the Comparative Monthly Statement of Income for the month of September 2004 Year 2003 and 2004 of the James L. Gordon Avenue Market & Mall. There is a decrease of P278,330.00. (Referred to Councilor Gordon)

10. Copy of the minutes of the public hearing regarding the legalization of GHOTODA to operate within Brgy. Gordon Heights held last October 9, 2004. (Referred to the Committee on Transportation)

11. Copy of letter from Brgy. Kgd. Santiago Columbrites, Brgy. New Cabalan to Jeffrey Alejo, Brgy. Secretary requesting an explanation why the barangay allows the fumigation to be done by purok leaders without his supervision as Chairman of the Committee on Health. (Referred to Councilors Atienza and Andrada)

12. Letter from Antonio Arcenal requesting the Sangguniang Panlungsod to fast track the Administrative Cases filed against Brgy. Capt. Alejandro Ubungen, et al. (Referred to Councilor Atienza)

13. Copy of the Committee report submitted by Kgd. Atienza, Chairman of the Committee on Laws, Complaints, Investigation and Human Rights Protection recommending that the application for tax declaration be granted in favor of Mr. Joeffrey Sumbad.

14. From the City Youth and Sports Coordinator, Angelito B. Layug regarding the City Youth and Sports Development Program and Budget Proposal for Fiscal Year 2005 and the proposed appropriation is Php5,709,390.00. (Referred to Councilor Buenafe)

Committee Reports

Councilor Cajudo rendered a report on the following items regarding the Transportation Committee. The said matters were discussed with the Members of the SP during the caucus last Oct. 12, 2004.

1. The issue between the Sta. Rita Filtration Gate Operators and Drivers Association and the yellow jeeps regarding the submission of their financial statement

2. The letter of J-01 and J-011 Jeepney Operators and Drivers to the City Mayor regarding the route of Tabacuhan or J-010.

3. The letter sent by the Cabalan Transport Service Cooperative Inc., to the City Mayor regarding their request for the use of the 23rd St., EBB from 9:00 a.m to 4 p.m. which was later denied by the Members of the City Council.

4. Petition letter addressed to Councilor Brian Gordon sent by the Subic Transport Service Multi-Purpose Cooperative regarding the request for parking area. The said action was deferred because Councilor Gordon was not around.

5. A petition letter dated Sept. 24, 2004 by the constituents of Brgy. New Cabalan Olongapo -Tipo Transport Service Cooperative regarding the fare matrix issued by LTFRB.

6. Letter of the City Mayor to Councilor Cajudo regarding the request for additional body numbers for ISODA or the IRAM route. The members of the Council agreed to allow the transfer of at least 2 or 4 units.

7. An indorsement letter sent by Brgy. Officers, religious groups and concerned citizens regarding GHOTODA. The members of the Council favored the giving of the special franchise to Gordon Heights Tricycle Association with certain restrictions.

8. The letter of the City Mayor to the City Vice Mayor regarding the proposed House Rules and Regulations at the Olongapo City Mall.

9. The letter of Ms. Carmelita Yco to the City Mayor regarding draft agreement between EBB and the Olongapo City Tipo Transport Cooperative.

10. The recommendation of the Vice Mayor to consider Graham, Harris and Ibarra Streets to the present Canda St. as terminals

11. The letter regarding the additional 20 units of tricycles of the Olongapo Tricycle Operators Drivers Association to operate at the IRAM Purok 5 ½ which was deferred by the body.

12. The issue on GHOTDSCI and SODGHI regarding the transfer and increase of body numbers for J05.

13. The appropriation request for the Ultrasound machine.

Regarding the Ultrasound machine purchased by the JLGMH, Councilor Andrada cleared that the Memorandum of Agreement ratified last Feb. 20, 2004 states that the balance of payment for the said machine will come from the income generated by the Ultrasound section. It turned out that the funds from it was not sufficient to cover the monthly payment thereof. It had been proposed that the payment should come not only from the Ultrasound Section but also from the Trust Fund-General Medical Equipment account if and when the former is found insufficient to cover the monthly payment. The Councilor recommended then to amend the Memorandum of Agreement.

Also, Councilor Andrada shared to the body that they witnessed the launching of 3 National Health Projects, such as the Botica sa Barangay, Garantisadong Pambata Projects and the awarding of the Sentrong Sigla Certification to the remaining health centers in the city. For the Botica sa Barangay, Barangay Barretto, Old Cabalan, New Cabalan, Gordon Heights and Sta. Rita were given P25,000.00 worth of medicine each as capital aimed to sustain the said project. The Sentrong Sigla Award was granted to the 2 remaining health centers at Ilalim and Kababae. All of our health centers in the City are now Sentrong Sigla certified which means that our constituents can be now assured of quality health care in our centers provided by our well-trained health workers comparable to private practitioners.

Councilor Marzan informed her colleagues that the City Mayor, representatives from the Gordon College and her went to the CHED Regional Office to reiterate the autonomous power of the City over the operation of the college. The meeting turned-out to be advantageous on the part of the City since the Regional Director himself expressed willingness to be part of the Board of Trustees to guide the school’s operation. With the amendments spearheaded by Councilor Piano, the former Chairman on Education and the membership of the Regional Director to the Board of Trustees, improvements toward the upgrading of the college are to be expected, she said.

Also, Councilor Marzan apprised everyone on the invitation given to us with regard to the on-going seminar on RA 9208, anti-trafficking of persons, RA 7610, child abuse and RA 9262, violence against women and children. The said seminars where Hon. Renato S. Dilag of the Family Court stood as resource speaker, was in line with the celebration of the Children’s Month. This affair was also attended by Councilors Cajudo, Asuncion and herself, she said.

Councilor Atienza updated the Council Members his representation to the National Convention of the Jaycees in Boracay. He proudly reported that the City won the bid for the 2006 National Convention over Puerto Princesa, Palawan. Several mobilizations will be undergone next. All of these are through the persistent effort of JC Des Yambao.

For his second report, Councilor Atienza shared matters regarding the letter request of Mr. Jeoffrey Sumbad for a dialogue with the City Mayor concerning the claim of the City Planning and Development Office on lots No. 2254-2255 and the claim of other adjoining owners of the areas within lot 568 leased by Subicwater. A Committee Hearing on the said matter had already been conducted and the parties already presented their contentions. There, the CPDO presented a CNI subdivision map bearing no signature of the approving authority. On the other hand, Mr. Jeoffrey Sumbad presented a CNI subdivision map bearing the signature of all government approving authorities. For this, the Councilor said that he recommended the approval of the application of Mr. Sumbad, considering that there is more weight given to the CNI subdivision map presented by Jeoffrey Sumbad. On the proper time, a draft resolution containing all documents will be presented to the parties for study and deliberation of the body.

For his last report, Councilor Atienza reasoned that his Committee had not arrived yet to a resolution of the case against Brgy. Capt. Ubungen since pertinent but voluminous documents to be referred upon had been submitted to the Committee by the complainant/witness Kgd. Columbrites. He said that he had already instructed Ms. Gina Legaspi to come up with an order giving the complaining witness to submit all pertinent documents within 3 days, otherwise, the same shall be considered waived, so that the other party shall be given enough time to file his counter affidavit.

Also, the Councilor requested Ms. Legaspi to fast track the transcription of the minutes of the hearing with regard to the case of Brgy. Capt. Danilo Fernandez so that the same will be given to every Councilor for their study and comments.

Councilor del Rosario reported that through a meeting with the Business Permit Division Head, Mr. Ramos and Domingo Antolin, the error reflected on the Revenue Code which had also been encoded in the computer program made by the Amellar Consortium was recommended to be revised.

Also, Councilor del Rosario shared on the successful conduct of the first Canvassing dubbed as Cocktail Night where Ms. East Bajac-Bajac emerged as the topnotcher. He further thanked those who attended the said affair. The next Canvassing will be scheduled on Nov. 12 at the Rizal Triangle.

The Vice Mayor and Presiding Officer congratulated Councilor del Rosario for a job well done.

Councilor Perez reported her attendance to the National Movement of Young Legislators (NMYL) Provincial Chapter Meeting last Oct. 11 with the Zambales officials headed by Board Member Deloso. She relayed that they talked about the upcoming National Convention to be held at the Westin Philippine Plaza on Nov. 4, 5 & 6 to pave way for the election of the national officers. But due to austerity measures of the government, funding for the seminar fee which amounts to P9,800.00 is likely to be disapproved. She hoped that the City will have enough funds for the 4 councilors who are automatic members of the NMYL like Councilors Gordon, Marzan, Buenafe and herself. She also said that she was appointed as the Chairman for Education, Training and Human Resources of the NMYL Zambales-Olongapo Provincial Chapter where she is looking for the opportunity of coming up with different kinds of seminars and trainings.

The Vice Mayor and Presiding Officer referred to Councilor Gordon the letter sent by Mr. Queteles with regard to the stop sign at the Unity Fountain along Magsaysay Drive and Rizal Avenue. He also instructed Councilor Gordon to check on the operation of the James L. Gordon Market and Mall for the Month of September particularly on the total stall fees collected amounting to P508,000.00 on the year 2003 as against P222,000.00 of the same month this year. He would like to know the factors involved on the difference worth P285,000 plus their increase in water and power utilities.

The Vice Mayor also thanked Councilor Buenafe for her fast action with regard to the Youth and Sports Development Program of the City.


Calendar of Business

Second Reading:

1. Draft Resolution No. 2004-R-33 – A Resolution Setting Aside The Unexpended Balance Of The Sangguniang Kabataan (SK) Fund Every Year As Part Of The Succeeding Year’s SK Annual Budget was deferred on motion of Councilor Robine Rose C. Buenafe..
2. On motion of Councilor Teodoro D. Del Rosario the body deferred the approval of Draft Ordinance No. 2004-O-11 – An Ordinance Approving The Proposed Entrance Fees At The Olongapo City Museum.

3. On motion of Councilor Noel Y. Atienza, the body deferred Draft Resolution No. 2004-R-39 – A Resolution Adopting The Decision Dated September 21, 2004 On Committee On Laws, Complaints, Investigation & Human Rights Protection Recommending That Barangay Resolution 016, Series Of 2004 Be Declared Null And Void And Further Recommending That Barangay Captain Rolando Apalit Be Suspended From The Performance Of His Official Function As Barangay Captain Of Barangay Asinan Of Olongapo City For A Period Of Two (2) Months From Receipt Thereof.

4. On motion of Councilor Marey Beth D. Marzan the body approved Draft Ordinance No. 2004-O-15 – An Ordinance Providing For Guidelines In The Celebration Of Children’s Month In Olongapo City.

5. Draft Ordinance No. 2004-O-16 – An Ordinance Creating The Telecommunications And Information Technology Board was deferred on motion of Councilor Edwin J. Piano.


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-46 – A Resolution Favorably Endorsing The Holding Of The Kristong Hari Festival In The City Of Olongapo On November 20-21, 2004. Sponsored by Councilor Angelina B. Andrada.

2. An Ordinance Amending Paragraph C Section 85 Of Ordinance No. 81, Series of 2002 Otherwise Known As The Olongapo City Revenue Code of 2002. Sponsored by Councilor Teodoro D. Del Rosario.




Adjournment

There being no further business to be discussed, the session was adjourned at 5:30 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