Res. No. 30, S. 2004.doc

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON
SEPTEMBER 01, 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- - - - - - - - - - - President, Liga ng mga Barangay
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President

ABSENT:

None.

RESOLUTION NO. 30
(Series of 2004)

A RESOLUTION AFFIRMING THE DECISION OF THE SANGGUNIANG PANLUNGSOD SUSPENDING BARANGAY CAPTAIN DANILO FERNANDEZ FOR A PERIOD OF ONE (1) MONTH PURSUANT TO THE DECISION OF THE BARANGAY GRIEVANCE BOARD DATED APRIL 12, 2004 (ADM. CASE NO. 2003-05) FOR COLLECTION OF SUM OF MONEY

WHEREAS, on the April 12, 2004, the Barangay Grievance Board (BGB) rendered a decision in a case entitled “Violeta Soriano vs. Danilo S. Fernandez Adm. Case No. 2003-05, the dispositive portion of which is as follows:

WHEREFORE, in view of the foregoing, the Board finds respondent Barangay Captain Danilo Fernandez responsible for the charge against him and by way of penalty recommends his suspension from office for thirty (30) days.

WHEREAS, the decision of the Barangay Grievance Board (BGB) was referred to the Committee on Laws, Complaints, Investigations and Human Rights Protection for study and deliberation;

WHEREAS, after a careful deliberation and study of the Decision of the Barangay Grievance Board (BGB) dated April 12, 2004, the Committee on Laws, Complaints, Investigations and Human Rights Protection submitted its report to the Sangguniang Panlungsod for approval recommending the adoption of the decision of the Barangay Grievance Board (BGB) dated April 12, 2004;
Con’t. of Resolution No. 30, Series of 2004.

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WHEREAS, the Sangguniang Panlungsod in a session assembled unanimously approved the adoption of the said decision;

WHEREAS, the Resolution adopting the Decision dated April 12, 2004 of the Barangay Grievance Board (BGB) duly approved by the Sangguniang Panlungsod headed by the Presiding Officer Hon. Rolen C. Paulino and approved by his Honor by City Mayor Hon. James J. Gordon, Jr. was served to Barangay Captain Danilo Fernandez on August 17, 2004;

WHEREAS, Barangay Captain Danilo Fernandez filed with the Sangguniang Panlungsod a Letter-Appeal which should be treated as a Motion for Reconsideration pursuant to the Rules of Procedure of the Barangay Grievance Board (BGB) on August 18, 2004;

WHEREAS, after a perusal of the Motion for Reconsideration, it has been ruled that no new matters were raised in the Motion for Reconsideration and if indeed as admitted to by Barangay Captain Danilo Fernandez that he acted as guarantor for complaint’s son will only create the conclusion that he had participated in the transaction which is private in character, Barangay Captain Danilo Fernandez took advantage of his public position;

WHEREAS, payment of the loan does not extinguish administrative liability more so will strengthen the fact that Barangay Captain Danilo Fernandez had accepted the money;

NOW THEREFORE, on motion of Councilor Noel Y. Atienza, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Members of the Sangguniang Panlungsod in session assembled, to affirm, as it hereby affirms the decision of the Sangguniang Panlungsod suspending Barangay Captain Danilo Fernandez for a period of one (1) month pursuant to the decision of the Barangay Grievance Board dated April 12, 2004 (Adm. Case No. 2003-05) for collection of sum of money;

RESOLVED FURTHER, AS IT IS HEREBY FURTHER RESOLVED, to deny the Motion for Reconsideration filed by Barangay Captain Danilo Fernandez for utter lack of merit.

Let copies of this Resolution be furnished the offices of the City Mayor, City Director, DILG, City Administrator and Barangay Captain Danilo Fernandez for their information.

APPROVED UNANIMOUSLY, September 01, 2004.



ROLEN C. PAULINO
City Vice Mayor & Presiding Officer
Con’t. of Resolution No. 30, Series of 2004.

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NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor



TEODORO D. DEL ROSARIO BELLA P. ASUNCION
City Councilor City Councilor



MAREY BETH D. MARZAN ANGELINA B. ANDRADA
City Councilor City Councilor



BRIAN PATRICK H. GORDON ANSELMO A. AQUINO
City Councilor City Councilor



EDWIN J. PIANO GINA G. PEREZ
City Councilor City Councilor



NAPOLEON F. CAPISTRANO ROBINE ROSE C. BUENAFE
President, Liga ng mga Barangay SK Federation President


ATTEST:


ELFLIDA S. SALMON
City Council Secretary


APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.



JAMES GORDON, JR.
City Mayor
ATTEST:


DELFIN A. JUICO, JR.
Secretary to the City Mayor