eLegis Olongapo City Philippines Sangunian

05 September 2004

2004minutes, september 8.doc

MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON SEPTEMBER 15, 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. Gina G. Perez - - - - - - - - - - - - - - “ “
Hon. Napoleon F. Capistrano - - - - - - - ABC President
Hon. Robine Rose C. Buenafe- - - - - - - SK Federation President

Absent:

Hon. Brian Patrick H. Gordon - - - - - - - City Councilor
Hon. Edwin J. Piano - - - - - - - - - - - - - “ “

Call to Order

City Vice Mayor and Presiding Officer Rolen C. Paulino, called the session to order at 3:35 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 Cynthia G. Cajudo, the body approved the minutes of its Regular Session held last August 11, 2004.

Communications and Referrals of Business

First Reading:

1. Draft Resolution No. 2004-R-30 – A Resolution Encouraging The Full Support Of All Sectors Of Society In The 10th Year Anniversary Celebration Of The International Year Of The Family And Family Week Celebration On September 22 – 28, 2004. Sponsored By Councilors Marey Beth D. Marzan, Bella P. Asuncion And Angelina B. Andrada.

2. Draft Resolution No. 2004-R-31 – A Resolution Expressing Gratitude To Dr. Benjamin Tayabas, Association Of Local Colleges And Universities (ALCU) President And The ALCU Member Institutions For Their Generosity In Lending The Gordon College Their Instructional Resources, Policies And Guidelines Relative To The Operations Of The College. Sponsored By Councilor Marey Beth D. Marzan
3. Draft Resolution No. 2004-R-32 – A Resolution Promoting October As The Consumer Welfare Month And Enjoining All Establishments To Participate In The City Wide Sale On October 25 – 30, 2004 And Requesting The Department Of Trade And Industry (DTI) To Waive The Permit For Sale Promotion For This Event. Sponsored By Councilor Teodoro D. Del Rosario

4. 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. Sponsored By Councilor Robine Rose C. Buenafe

5. Draft Resolution No. 2004-R-34 – A Resolution Ratifying The Contract Entered Into By And Between The City Government Of Olongapo Represented By Former Mayor Katherine H. Gordon And The Olongapo City Workers General Services Multi-Purpose Cooperative (OCWGSMPC) Represented By Its Chairman, Fermin A. Elago, Jr. Pertaining To The Traffic Services. Sponsored By Councilor Noel Y. Atienza

6. Draft Resolution 2004-R-35 – A Resolution Ratifying The Addendum To The Contract Entered Into By And Between The City Government Of Olongapo Represented By Former Mayor Katherine H. Gordon And The Olongapo City Workers General Services Multi-Purpose Cooperative (OCWGSMPC) Represented By Its Chairman, Fermin A. Elago, Jr. Pertaining To The Traffic Services. Sponsored By Councilor Noel Y. Atienza

7. Draft Resolution No. 2004-R-36 – A Resolution Congratulating Dr. Ernesto L. Batapa For Being Chosen As The Region III Nominee To The National Search For “Ulirang Nakatatanda” Awards 2004. Sponsored By Councilor Angelina B. Andrada

8. Draft Ordinance No. 2004-O-10 – An Ordinance Seeking To Regulate Smoking In Public Places Including Public Conveyances And Providing Penalties Thereto In Accordance With The Implementing Rules And Regulations Of Republic Act 9211 Or “The Tobacco Regulatory Act Of 2003”. Sponsored By Councilor Angelina B. Andrada.

9. Draft Ordinance No. 2004-O-11 – An Ordinance Approving The Proposed Entrance Fees At The Olongapo City Museum. Sponsored By Councilors Teodoro D. Del Rosario, Gina P. Perez And Edwin J. Piano


Communications Read:

1. Copy of the letter from Paquito C. Adao, Purok Leader, Purok 6-C, Tabacuhan, Brgy. Sta. Rita writing to the City Mayor in behalf of the residents of the said place regarding their request for stairways. (Referred to Councilor Aquino)

2. Copy of Resolution No. 14, Series of 2004 from Barangay Old Cabalan, entitled, “A Resolution Amending Resolution No. 12, Series of 2004 Regarding The Approval Of Payment Of Terminal Leave Of The Former Barangay Officials Of Old Cabalan” (For information)

3. Copy of the James L. Gordon Avenue Market and Mall Comparative Monthly Statement of Income for the month of August 1-31, 2004 Year 2003 and 2004. Income for the month of August 2004 is P224,335.00 this includes payment of arrears amounting to P65,255.00. There is a decrease of P35,335.00 as compared to that of last year. (For information)

4. Copy of the letter from four (4) Council members of Brgy. New Cabalan bringing to the attention of DILG City Director the removal of pictures of present and past city and barangay officials at the Barangay Hall of New Cabalan. (For information)

5. Copy of Additional Evidences filed by Santiago Columbrites, Antonio Arcenal, Reynaldo Gingco and Ernanie Famanila, Complainants against Brgy Capt. Alejandro Ubungen, et. al., respondents. (Referred to Councilor Atienza)

6. Copy of the letter of Mabayuan Brgy. Capt. Danilo S. Fernandez informing everyone that he will be assuming and discharging his duties, obligations and responsibilities as incumbent Brgy. Capt. of Mabayuan effective on September 16, 2004 having fully served his last suspension. (Referred to Councilors Atienza and Capistrano)

7. Copy of the Sportfest 2004 program of the Gordon College on September 14 to 17 at Rizal Triangle.

8. Memorandum from the City Administrator addressed to all Department Heads and City Government Employees informing everyone that starting September 20, 2004 and every Monday thereon, will be a no uniform day. Everyone is expected to come in jogging attire, shorts and the like and participate in the early morning exercise during the flag ceremony.

9. Letter from the City Mayor forwarding to the Sangguniang Panlungsod the list of the city’s remaining priority projects for the year 2003 with available plans and work program. He is requesting the Sangguniang Panlungsod for an enactment of an ordinance appropriating the amount of PhP254,803.10 for the following projects chargeable to PAGCOR Funds, to wit: (Referred to Councilors Cajudo and Aquino)

1. Construction of School Stage at Iram
Elementary School (Phase I), Brgy.
New Cabalan P222,355.85

2. Installation/Fabrication of Aluminum
Screen Door and Windows, Ma. Clara
Building, Boystown Compound, Brgy.
New Cabalan. 32,447.25
P254,803.10

10. Letter from the Philippine Councilors League (PCL) inviting all PCL officers and members to the 2nd Quarterly National Executive Officers meeting scheduled on October 1-3, 2004 at Taal Vista Hotel, Tagaytay City.

11. Copy of Resolution No. 2004-410, entitled, “Resolution Expressing Strong Objection Of The City Government Of Naga, Through The Sangguniang Panlungsod, To The Proposed Reduction Or Cutback And All Other Previous Cutbacks In The Internal Revenue Allotment Shares Of Local Government Units In The Entire Philippines”

12. Copy of the Committee Report of ABC President, Napoleon Capistrano regarding the meeting held by Mayor Gordon with Liga ng mga Barangay.


Committee Reports

Councilor Asuncion enumerated the planned activities discussed during the meeting of the Women Council with the NGOs that day, for the Family Week celebration on September 22-28, 2004. it will be launched on the Flag Raising Ceremony on Sept. 20, 2004 with this year’s theme: “Building Families of Character for a Strong Republic” to promote awareness among city government officials and employees. The weekly activities consist of the following: hanging of streamers on business establishments assigned to the City Health Department; free clinic on Sept. 17, 2004 from 8:00 a.m.-12:00 noon at the San Lorenzo Ruiz Parish Church to be led by Dr. Molina of Kalalake Brgy. Health Center; mass offering on Sept. 19 or 22; school symposium at OCNHS on Sept. 21 at 2:00 p.m. and breast examination in all barangay health centers will be conducted for the whole week. Furthermore, the CSWDO will also hold a Family Day at the Social Development Center on Sept. 24 at 1:00 p.m and came up with a project entitled “Adopt a Family” from Sept. 22-28, 2004. To take part are the BSP and GSP which will hold a whole day activity at Anne Raquel’s Mt. Resort on Sept. 24, 2004 and the Soroptimist and Ventures Club will have a fun day/sportsfest on Sept. 25, 2004 at the Rizal Triangle.

Councilor Andrada reported that the City Health Department conducted a training seminar for barangay health workers last Sept. 14 in preparation for the launching of the Botika ng Barangay. This project of the Department of Health aims to provide the people in the community access to cheaper and more affordable medicines in their own communities instead of going to the City proper where most of the drugstores are located. Five (5) barangays were identified to operate the Botika ng Barangay consisting of Barangays Gordon Heights, Old Cabalan, New Cabalan, Barretto and Sta. Rita. Each barangay will be given a seed capital of P25,000 worth of medicines to sustain the project and shall be manned by the barangay health workers of the aforesaid areas.

Councilor Atienza made note on the matters referred to his committee. First is with regard to revocation of the Memorandum of Agreement made and executed by and between Barangay East Bajac-Bajac and the Olongapo Tipo Transport Service Cooperative, Inc. contained in the minutes of the regular session of East Bajac-Bajac Barangay Council forwarded to him. He said that he had instructed his staff to request the EBB Brgy. Capt. to furnish him a copy of the said MOA. He also recommended to the august body to conduct an investigation regarding the alleged complaint of residents within the vicinity of the terminal because it came to his knowledge that there was a barricading incident related to it. He also would like to request the presence of Councilors Cajudo, Piano and Andrada in the conduct of the investigation to check into the health concerns raised by residents near the said terminal.

Second, Councilor Atienza shared to the body the status of the cases/notes referred to him as Chairman of the Committee on Complaints and Investigation, to wit:

(1) The case of Edgardo Danugrao, et al vs. Danilo Fernandez for grave abuse of authority and misconduct. A committee hearing was conducted for the said case where the following showed up:

Acting Barangay Capt. Edgardo Danugrao, respondent Danilo Fernandez, the Treasurer Mary Jane Casillano and the members of the Lupon Tagapamayapa, who filed a complaint alleging that they have not received their honorarium for the months of April-June 2003, namely: Loida Napalan, Conchita Ela and Merope Tala. In the preliminary hearing, the parties failed to arrive into an amicable settlement. As part of the procedure, Councilor Atienza required the respondent Danilo Fernandez to submit a counter affidavit on the complaint filed by Edgardo Danugrao.

(2) The case of Rodolfo Santos vs. Danilo Fernandez for collection of unpaid rentals. A subpoena had been served for this matter and was attended by Mrs. Santos, wife of Rodolfo Santos and Danilo Fernandez. A compromise agreement was forged by the contending parties and thus, Councilor Atienza shall be recommending the same for dismissal. Further, the jurisdiction of the case belongs to the court and not the Committee on Investigation, he said.

(3) On the complaint filed by four (4) Councilmen of New Cabalan, namely Councilors Columbrites, Pamanila, Arcenal and Grueso against Brgy. Capt. Ubungen, the counter affidavit of the respondent and the joint affidavit filed by the complainants last Sept. 7, 2004 is yet to be received by the committee.

(4) The letter sent by Danilo Fernandez informing the august body that he will be assuming and discharging his duties and obligations as an incumbent Brgy. Captain of Mabayuan effective Sept. 16, 2004. For the record, the Councilor replied that the term of suspension was indeed fixed to a period of 30 days from Aug. 16, 2004 to Sept. 16, 2004, but his resumption to the said office is not automatic. For this, Capt. Fernandez still needs to secure clearance from the DILG as well as from the Mayor’s Office.

Councilor Cajudo inquired if there were already hearings conducted on the aforesaid cases since as a member, she had not attended any.

Councilor Atienza answered that preliminary hearings were conducted since those cases were preliminary in nature and were done to save the time of other councilors. He said that formal hearings will be conducted and all members of the Sangguniang Panlungsod will be invited and be given notices.

For the next committee report, Councilor Marzan notified the body on the upcoming regular board meeting of the Association of Local Colleges and Universities (ALCU) on Sept. 22, 2004. She mentioned that Gordon College’s membership with ALCU enabled the college to avail of various instructional resources including policies and guidelines relative to the operation of the College. Even the Pamantasan ng Lungsod ng Maynila, headed by President Dr. Benjamin Tayabas expressed committed support to develop not only the college but also its personnel through technical assistance and consortional agreement. In this regard, Councilor Marzan recommended the body to pass a resolution expressing appreciation to ALCU and Dr. Tayabas.

When asked by the Presiding Officer on the venue of the Gordon College’s Sportsfest, Councilor Marzan replied that they held the opening program at the Rizal Triangle where the Mr. and Miss Sportsfest and Cheering Squad Competitions were performed. The College of Allied Medical Courses won the cheering squad competition and the other sports events were held at the Rizal Triangle and East Tapinac Oval.

On another report, Councilor Marzan informed the body regarding the operations of the City Library and City Museum which are part of the Committee on Education, Culture and Arts. She mentioned that Ordinance No. 1, Series of 1968 was passed to prescribe the powers and duties of the City Library and Gallery of Art and to promulgate the rules and regulations for the operation thereof. With the creation of the City Museum, the Councilor recommended for the passing of a similar ordinance for the Museum.

For the City Library, Councilor Marzan updated everyone that an event patterned on the “LG Quiz/Competition will be launched to create reading awareness for our youth and the entire citizenry. This thrust of the City Mayor aims to make the youth appreciate the benefits of reading.

To wrap up, the Vice Mayor gave the following reminders and instructions:

(1) For Councilor Andrada to check on the prices of funeral services and study on how to regulate them;

Also, for the Councilor to check on the cases of sore eyes in the City. Councilor Andrada explained that they had been sending out fliers to the barangays since the last week of August. To avoid this, public and personal hygiene should be monitored, she said.

(2) For Councilor Aquino to check on the drainage system at the back of Cristobal St., Barangay Sta. Rita.

Calendar of Business

Second Reading:

1. In the absence of the proponent, Edwin J. Piano, Councilor Gina G. Perez moved for the deferment of Draft Resolution No. 2004 – R-23 – A Resolution Granting Digitel Mobile Philippines, Inc. (DMPI) Authority To Construct, Install And Operate A Cellsite Station In The Property Of Juliet Reyes, Located At Block 1, Upper Federico, Gordon Heights, Olongapo City.

2. Draft Resolution No. 2004 – R-29 – A Resolution Requesting The Honorable Congresswoman Milagros H. Magsaysay 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” was deferred by the body on motion of Councilor Noel Y. Atienza.

3. On motion of Councilor Cynthia G. Cajudo, Draft Ordinance No. 2004 – O-09 – An Ordinance Amending Section 6 Of Ordinance No. 35, Series Of 1991 Otherwise Known As “An Ordinance Regulating And Monitoring The Operation Of “For-Hire” Public Utility Mini-Buses In The City Of Olongapo, And For Other Purposes” was deferred by the body for consolidation of final number.

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-30 – A Resolution Encouraging The Full Support Of All Sectors Of Society In The 10th Year Anniversary Celebration Of The International Year Of The Family And Family Week Celebration On September 22 – 28, 2004. Sponsored By Councilors Marey Beth D. Marzan, Bella P. Asuncion And Angelina B. Andrada.

2. Draft Resolution No. 2004-R-31 – A Resolution Expressing Gratitude To Dr. Benjamin Tayabas, Association Of Local Colleges And Universities (ALCU) President And The ALCU Member Institutions For Their Generosity In Lending The Gordon College Their Instructional Resources, Policies And Guidelines Relative To The Operation Of The College. Sponsored By Councilor Marey Beth D. Marzan

3. Draft Resoluton No. 2004-R-36 – A Resolution Congratulating Dr. Ernesto L. Batapa For Being Chosen As The Region III Nominee To The National Search For “Ulirang Nakatatanda” Awards 2004. Sponsored By Councilor Angelina B. Andrada.

4. Draft Resolution No. 2004-R-34 – A Resolution Ratifying The Contract Entered Into By And Between The City Government Of Olongapo Represented By Former Mayor Katherine H. Gordon And The Olongapo City Workers General Services Multi-Purpose Cooperative (OCWGSMPC) Represented By Its Chairman, Fermin A. Elago, Jr Pertaining To The Traffic Services. Sponsored By Councilor Noel Y. Atienza

5. Draft Resolution 2004-R-35 – A Resolution Ratifying The Addendum To The Contract Entered Into By And Between The City Government Of Olongapo Represented By Former Mayor Katherine H. Gordon And The Olongapo City Workers General Services Multi-Purpose Cooperative (OCWGSMPC) Represented By Its Chairman, Fermin A. Elago, Jr. Pertaining To The Traffic Services. Sponsored By Councilor Noel Y. Atienza

6. An Ordinance Appropriating The Amount Of Four Hundred Thirty Thousand Three Hundred Forty Six Pesos (PhP430,346.00) To The Item General Services Under Maintenance And Other Operating Expenses Of The Office Of The City Mayor. Sponsored by Councilor Cynthia G. Cajudo.

7. An Ordinance Approving The Proposed Rates For Temporary Lease Of Spaces At The Olongapo City Mall. Sponsored by Councilor Cynthia G. Cajudo.

B. On another matter, Councilor Gina G. Perez read the letter of Mr. Rowena R. Quejada regarding her complaint of the immediate disappearance of a streamer displayed in connection with a job fair on September 18 through the efforts of Gov. Vic and Congresswoman Mitos Magsaysay.

It was further cited in the said letter, that the concerned underwent into the process in securing permit for the same.
Adjournment

There being no further business to be discussed, the session was adjourned at 5:00 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