eLegis Olongapo City Philippines Sangunian

05 September 2004

2004minutes, october 21.doc

MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON OCTOBER 21, 2004
AT THE CITY HALL.

Present:

Hon. Rolen C. Paulino- - - - - - - - - - - City Vice-Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - City Councilor
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. Robine Rose C. Buenafe- - - - - - - SK Federation President

Absent:

Hon. Cynthia G. Cajudo- - - - - - - - - - - City Councilor
Hon. Brian Patrick H. Gordon - - - - - - - “ “ (On Vacation Leave)
Hon. Napoleon F. Capistrano - - - - - - - President, Liga ng mga Barangay

Call to Order

City Vice Mayor and Presiding Officer Rolen C. Paulino, called the session to order at 3:15 in the afternoon.

Roll Call

With nine (9) Members and the Presiding Officer present, a quorum was declared.

Reading and Adoption of Minutes

On successive motions of Councilor Noel Y. Atienza, the body adopted the minutes of its Regular Sessions held last September 8 and 15, 2004 one after the other.

Communications and Referrals of Business

First Reading:

1. Draft Ordinance No. 2004-O-20 – An Ordinance Adopting Republic Act 9208 Otherwise Known As, “Anti-Trafficking In Persons Act Of 2003” And Its Implementing Rules And Regulations And For Other Purposes. Sponsored By Councilor Bella P. Asuncion.

2. Draft Ordinance No. 2004-O-21 – An Ordinance Appropriating The Amount Of Five Million Seven Hundred Fifty Four Thousand Four Hundred Fifty Nine Pesos And Twenty Six Centavos (Php5,754,459.26) For Payment Of The Completed Works At The Olongapo City Mall. Sponsored By Councilor Cynthia G. Cajudo

3. Draft Resolution No. 2004-R-47 – A Resolution Recommending To The City Mayor Through The City Assessor’s Office The Issuance Of Tax Declaration Upon Payment Of Real Estate Taxes In Favor Of Mr. Jeoffrey Sumbad And Other Persons Similarly Situated. Sponsored By Councilor Noel Y. Atienza
Communications Read:

1. Copy of Draft Resolution submitted by Councilor Gina Perez, entitled, ‘A Resolution Requesting Pledges From Government Owned And Controlled Corporations, Non Government Organizations, Business and/or Private Sector, Private Educational Institutions And Other Concerned Groups Aimed At Providing Supplemental Social Assistance Intended For The Marginalized Sector In Olongapo City” (Referred to all City Councilors)

2. Letter from the City Mayor requesting the Sangguniang Panlungsod to consider an ordinance appropriating the amount of P358,928.38 chargeable against the PAGCOR Fund for the proposed concreting of road and upgrading of existing drainage canal at Burgos St. (end of concrete to Bonifacio St.) Pag-asa which is essential and necessary as stated by Engr. Reymundo L. Guevara, City Engineer, with the attached Individual Project Program of Works. (Referred to Councilor Asuncion)

3. Copy of the letter of Subicwater to the Offices of the City Treasurer and City Accountant, this city referring to the letter sent by the said offices regarding the alleged outstanding obligations (in-lieu share and unpaid power accounts) amounting to P772,060,244.49 as stated in the letter are not the obligations of Subic Water and Sewerage Co., Inc. but of the Olongapo City Water District (“OCWD”). It is further stated that since the issue of whether or not the City of Olongapo could collect the obligations of the OCWD from Subicwater which is a separate entity is pending with the Court of Appeals, they trust that the city just await the resolution of the matter by the said Court. (Referred to Councilors Aquino and Atienza)

4. Letter of pasasalamat from the Idol ko si Kap supporters of Brgy. Capt. Liloy Fernandez. (For information)

5. Copies of Executive Order issued by the Office of the City Mayor, to wit: (For information)

a. Executive Order No. 52, Series of 2004
Creation/Establishment Of The Committee On Program On Awards And Incentives For Service Excellence (PRAISE) In The City Of Olongapo, For Granting Of Awards And Incentives To Employees, Pursuant To Book V OF Executive Order 292 And Pertinent Provision Under Chapter 5, Section 35 Of The Civil Service Law And Rules.

b. Executive Order No. 53, Series of 2004
Creation/Establishment Of A Grievance Committee In The City of Olongapo Pursuant To Book V Of Executive Order 292 And Rule XII, Section 1 Of The Civil Service Law And Rules.



c. Executive Order No. 54, Series of 2004
Creation/Establishment Of The Performance Evaluation Review Committee (PERC) In The City Of Olongapo Pursuant To Book V Of Executive Order 292 And Pertinent Provision Under Chapter 5, Section 33 Of The Civil Service Law And Rules, To Review The Performance Evaluation Of Officers And Employees In The Career Service Or In The Non-Career In The City As Appropriate.
d. Executive Order No. 55, Series of 2004
Creation/Establishment Of A Personnel Development Committee In The City Of Olongapo Pursuant To Rule VIII, Section 14, Omnibus Rules Implementing Book V OF Executive Order 292 And Other Pertinent Civil Service Law And Rules, To Provide A Program For The Development And Retention Of Competent And Efficient Workforce In The Public Service.

e. Executive Order No. 56, Series of 2004
Creation/Establishment Of A Personnel Selection Board In The City Of Olongapo Pursuant To Book V, Section 32 Of Executive Order 292 And Pertinent Provision Under Chapter 5, Section 32 Of The Civil Service Law And Rules, For Selection/Advancement Of Employees To Positions On Meritorious Basis.

6. Letter from the owners of various commercial establishments at Gordon Avenue, Brgy. New Asinan particularly those in front of the New Asinan Elementary School and PUD asking for help and intervention to stop the planned night market stalls in the roadside fronting their business establishments. (Referred to Councilors del Rosario and Atienza)

7. Copy of an Order from the Department of Telecommunications, SBFZ which states that upon motion made in open court by the Applicant, Innove Communications, Inc for the Consolidation of SBMA Case Nos. 04-001 & 04-002, without objection from Oppositors SubicTel and PilTel, the said cases are hereby Consolidated as moved. (Referred to Councilor Piano)

8. Copy of an Order granting the motion of SubicTel to manifest beforehand that they intend to avail of judicial remedies as regards Orders/Resolutions previously issued by the Department of Telecommunications pertinent to the case of Innove Communications vs. Subic Telecommunications, Co., Inc. moved to reserve their right to cross-examine the Applicant’s witnesses until after said judicial remedies have been availed of. (Referred to Councilor Piano)

9. Copy of Notice of Power Interruption on October 22, 2004, Friday from 9:00 AM to 12:00 NN. Affected areas are Gordon Heights, Mabayuan, Portion of Kalaklan area and portion of Sta. Rita Village. (For information)

10. Copy of Memorandum issued by Brgy. Capt. Danilo S. Fernandez to Brgy. Kgd. Conrado G. Padilla regarding Refusal to Comply Brgy. Resolution No. 18, Series of 2004 as amended. (Referred to Councilor Atienza)

11. Letter from the Olongapo City Mall and Tenants and Locators informing that they are not in favor of the proposed plan of having Christmas Bazaar 2004 this coming November-December at Volunteers Park around the vicinity of the Olongapo City Mall. (Referred to all City Councilors)

12. Petition letter from the Barretto Tricycle Operators/Drivers Association, Inc expressing their objection on the proposed additional franchise for tricycles. (Referred to Councilor del Rosario)

13. Copy of letter of Julie Reyes, General Manager, PUD acknowledging the receipt of Notice of Collection/Disconnection letter dated October 18, 2004 from Ms. Lorna Dy, Sr. Department Manager-Finance, National Power Corporation, Diliman, Quezon City sent through fax stating that if we will not pay our September bill of P36,642,231.60 and the balance of our August bill of P10,715,246.80 plus the interest on late payment of P337,078.91, NAPOCOR will effect power service disconnection on our facilities without further notice but Ms. Reyes have written Mr. Quilala on October 4 requesting that the payment arrangement proposed in her letter be followed. She is further requesting that the disconnection notice dated October 18, 2004 be cancelled. (Referred to Councilors Aquino, Atienza and Del Rosario)

14. Copy of DILG Opinion No. 88, Series of 2001 regarding the ten (10%) percent share of the SK from the general fund of the barangay. (Referred to Councilor Buenafe)

15. Outgoing letter from Messrs. Marcelino Andawi, City Treasurer and Dennis Martinez, City Accountant pertaining to the letter of Ms. Edna Canlas, General Manager, Subicwater dated October 15, 2004 which represents Subicwater’s outstanding obligation due to the city in the amount of P840,416,325.84 broken down as follows: (Referred to Councilors Aquino and Atienza)

Outstanding power obligations and in-lieu share
Principal P135,909,467.09
Interest, as of 31 August 2004 636,150,777.40
772,060,244.49

Current charges
Power bills 30,664,345.84
Penalties 37,647,835.51
Garbage Fees 43,900.00
Sub-total 68,356,081.35

Grand Total P840,416,325.84

They regret to inform Subicwater that the city is standing in its case that the said total obligation is correct and due from Subicwater as resolved by the RTC 74 in its decision dated December 15, 1998.

16. Copy of the letter from Brgy. Kgds. Federico Cordova and Ofelia Bascos and Ricardo Legaspi, Chief, BPSO filing formal complaints against Punong Barangay Roberto D. Jardiniano of Brgy. New Kalalake for failure to assume his office upon termination of his leave of absence dated October 1 to December 1, 2003. (Referred to Councilor Atienza)

17. Letter from Kgd. Santiago L. Columbrites of New Cabalan, Olongapo City, Representative of the Complainants against Brgy. Capt. Alejandro Ubungen. This letter is in response to the Order issued by Councilor Noel Y. Atienza, Chairman on the Committee on Laws, Complaints, Investigation & Human Rights Protection. (Referred to Councilor Atienza)

18. First Indorsement from the City Mayor regarding the amended Memorandum of Agreement between the James L. Gordon Memorial Hospital and Viadoma Enterprises for ratification and/or appropriate action of the Sangguniang Panlungsod. (Referred to Councilors Andrada, Atienza and Asuncion)

19. Letter of Julie Reyes, General Manager of PUD to Mr. Roland Quilala, Senior Vice President, Corporate Services of the National Power Corporation regarding the NPC Bill of the Public Utilities Department, this city, for the period of Aug. 26 to Sept. 25 this year in the amount of P36,642,231.60 due and payable on 25 Oct. 2004. The city cannot pay the said amount on the due date because of a serious cash flow problem. And the following propose payment arrangement schedule is submitted from Nov. 4 is 2 Million, Nov. 8 is 8 Million, Nov. 10 and so forth up to Dec. 3, totalling to P36,642,231.60 and the 16% penalty per annum on the unpaid balance will be added in our last payment. She’s trying to settle the balance of P7.7 million by the end of this month as far as the Aug. billing is concerned. (Referred to Councilors Aquino and Atienza)

20. Copy of Resolution No. 16, Series of 2004 from the Liga ng mga Barangay, Lungsod ng Olongapo, entitled, “A Resolution Creating the Liga Committee On Grievance”. (Referred to Councilors Capistrano and Atienza)

21. Copy of Resolution No. 17, Series of 2004 from the Liga ng mga Barangay, Lungsod ng Olongapo, entitled, “A Resolution Appealing To The Hon. Mayor James Gordon, Jr. Regarding The Disposition Of The 30% Barangay Share On The Real Property Tax (RPT) Proceeds”. (Referred to Councilors Capistrano and Atienza)

Committee Reports

Councilor Atienza gave details of the turn-over ceremony at SBMA where outgoing Chairman Felicito Payumo transferred its leadership to Francisco Licuanan. Also, Councilor Atienza together with Councilor Perez and Vice Mayor Rolen Paulino shared that they attended the welcome party for the candidates of Miss Earth after the said turn-over ceremony.

On another matter, Councilor Atienza reported about the case involving Brgy. Capt. Danilo Fernandez. The transcribed minutes will be distributed to each and every councilor for their record and reference so that they can contribute on formulating a reasonable and impartial resolution on the case. The transcribed minutes will be ready in a week’s time.

The Chair commented that a scheduled caucus would be necessary regarding this matter. The Councilor replied that after the minutes has been reviewed by his colleagues a caucus shall be held to discuss the said matter.

Councilor Marzan tendered a report on the remaining activities of October in line with the celebration of Children’s Month. The awarding ceremonies thereof was held at the Rizal Traingle and was led by City Mayor James Gordon.

Also, two events on the following month of November will be held, the Book Week and the Library Month. The Councilor also asked her colleagues for some legal basis regarding this matter.

Councilor Del Rosario announced that the SMED Council of Olongapo will have a meeting on December 2 at the Olongapo City Convention Center at 7:30 P.M.. The guests will be DTI Secretary Purisima, SBMA Chairman Francisco Licuanan and Administrator Freddie Antonio.

With that note, the Presiding Officer invited all members of the City Council to attend the said event.

Also, Councilor Del Rosario invited everyone to the Mardi Gras reborn, to be held on Oct. 29, 30 & 31, where numerous activities will be showcased and great discounts to be availed. This affair was organized to strengthen the Olongapo Festivities and soon be compared to the Maskara Festival.

In line with the Fiesta Celebration Councilor Del Rosario reported that the Fiesta Committee is currently discussing on the proposal to conduct a Pintakasi or Derby for the coming fiesta.

When asked by the Presiding Officer regarding the City Fiesta Sports League, Councilor Del Rosario replied and invited everyone to join and watch the tournament which will start on October 23. This is good according to Councilor Del Rosario since we will be having teams from Pampanga and Bataan joining the tournament. In these tournaments we come to produce our top players who reach not only the regional levels but climbed up to national competitions such as the PBA, PBL and NCAA as well.

Councilor Piano on his post-committee report would like to congratulate Gordon College Information Technology Team for getting the gold in the recently held TESDA Skills Competition at the Subic Bay Freeport Zone. The team won the gold in the field of Computer Programming.

Councilor Piano on his second report thanked the City Council for providing the venue for the World Scouts Jamborette-On-The-Air and Jamborette-On-The-Internet which are held annually for boy scouts and girl scouts all over the world. With the help of the Innove Globe Communications, local amateur radio frequency was flooded with different voices from Canada, New York, Australia, New Zealand to name a few. This event became very memorable for the scouts, he said. The Councilor extended his appreciation to the Innove Globe Communications for the technology they had provided and Mr. Nards Perez for his technical know how and “never say die” attitude.

The Chairman congratulated Councilor Piano for a job well done and thanked him together with Nards Perez for instilling new experience not only to the scouts but to all the youth in Olongapo who are the true beneficiaries of the said event.

Councilor Andrada gave her final report on the “Garantisadong Pambata II” which was conducted by the City Health Department last October 11-19. The target population to reach was pegged at 33,870, the accomplishment was recorded at 34,035 with a percentage of 100.49%. This commendable performance was due to the untiring efforts of the City Health Personnel, the Barangay Health Workers and the cooperation of the parents of the children, she said.

Councilor Aquino gave an update on the project to be done in Bonifacio St., Pag-asa regarding the unfinished drainage. The Councilor stated that the First Indorsement dated September 20 contained the program of works and later on the Councilor will be passing a resolution approving the said project towards its implementation.


Calendar of Business

Second Reading:

1 On Motion of Councilor Robine Rose C. Buenafe the Body Approved 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”.

2. On Motion of Councilor Ted D. Del Rosario, the Body Approved Draft Ordinance 2004-O-11 – “An Ordinance Approving The Proposed Entrance Fees Of The Olongapo City Museum”.

3. 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 was disapproved by the body on majority decision.

4. On motion of Councilor Edwin J. Piano the body deferred Draft Ordinance No. 2004–O-16 – An Ordinance Creating The Telecommunications And Information Technology Board.

5. In the absence of the proponent, Councilor Cynthia G. Cajudo, Councilor Teodoro del Rosario moved for the deferment of the following measures:

a. 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”.

b. 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 “Tricyle Ordinance Of 1983,” As Amended By Reducing The Number Of Tricycle Zones From Eight (8) Zones To Five (5) Zones”

c. 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.

Other Matters

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

1. A Resolution Approving The Concreting Of Road And Upgrading Of Existing Drainage Canal At Burgos St., (End Of Concrete To Bonifacio St.), Barangay Pag-Asa, This City. Sponsored by Councilor Anselmo A. Aquino.

2. A Resolution Authorizing The City Mayor James Gordon, Jr. To Enter Into An Amended Memorandum Of Agreement (MOA) Between The James L. Gordon Memorial Hospital (JLGMH) And Viadoma Enterprises Pertaining To The Medical Equipment (Ultrasound Machine) And Ratifying The Said Agreement. Sponsored by Councilor Noel Y. Atienza.

3. A Resolution Of Appreciation To Mr. Leonardo Perez, Innove Communications, MIS Personnel, DX3 UNA Ulo Ng Apo Amateur Radio Club And PIOL.NET For Their Invaluable Contributions That Led To The Successful World Scouts Jamboree On The Air And Jamboree On The Internet. Sponsored by Councilor Edwin J. Piano.

B. The Chairman and Presiding Officer read the letter of the many Indian Nationals residing in Olongapo City addressed to the Hon. City Mayor. The letter recounted the incident that transpired on Oct. 15, 2004 when they filed a case of kidnap for ransom to a certain Jugraj Singh who was entrapped and arrested by the Olongapo policemen. The letter further states their apprehensions and fears from verbal harassments and death threats uttered by Jugraj Singh and his friends. Jugraj Singh claimed to be a friend of Jun Jun Magsaysay. Thus, they sought the help of the City Mayor for their protection.

The Presiding Officer then directed the Council Secretary to write a letter to the Mayor to request him to give the matter necessary attention and appropriate action. He also asked for a letter of commendation to Col. Orlando Madella, Capt. Rod Ragasa and their group for their prompt action and resolution of this kidnap for ransom and extortion case which he referred to Councilor Aquino.


Adjournment

There being no further business to be discussed, the session was adjourned at 4:45 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