eLegis Olongapo City Philippines Sangunian

05 September 2004

2004minutes, september 1.doc



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



Call to Order

City Vice Mayor and Presiding Officer Rolen C. Paulino, called the session to order at 3:25 in the afternoon.

Roll Call

With twelve (12) 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 28, 2004.

Communications and Referrals of Business

First Reading:

1. Draft Resolution No. 2004 – R-21 – A Resolution Ratifying The Contracts Entered Into Between The City Of Olongapo And Tenants Of The Olongapo City Mall. Sponsored By Councilor Noel Y. Atienza

2. Draft Resolution No. 2004 – R-22 – A Resolution Commending City Councilor, Hon. Brian Patrick H. Gordon, PO3 Marcelino P. Mangila, Jr., SPO4 Rodel P. Sarmiento And The Rest Of City PNP Team For The Speedy Apprehension Of The Suspect Significant To The Swift Resolution Of A Heinous Crime In The City. Unanimous

3. 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. Sponsored By Councilor Edwin J. Piano

4. Draft Resolution No. 2004 – R-24 – A Resolution Declaring September 27, 2004 As World Tourism Day. Sponsored By Councilor Teodoro D. Del Rosario And Co-Sponsored By Councilors Brian Patrick H. Gordon And Gina G. Perez

5. Draft Resolution No. 2004 – R-25 – A Resolution Of Posthumous Appreciation On The Distinguished Contributions Of Mrs. Lucita Rodriguez-Turalba In The City. Unanimous

6. Draft Resolution No. 2004 – R-26 – A Resolution Affirming The Recommendation Of The Sangguniang Panglungsod Suspending Barangay Captain Danilo S. 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 Money. Sponsored By Councilor Noel Y. Atienza

7. Draft Resolution No. 2004 – R-27 – A Resolution Ratifying The Waiver Of Possessory Rights Entered Into Between Hon. James Gordon, Jr., City Mayor Of Olongapo City And Juliana Sevilla. Sponsored By Councilor Noel Y. Atienza

Communications Read:

1. Letter from the City Mayor pertaining to the first indorsement from Councilor Cynthia G. Cajudo, Chairman of the Committee on Transportation dated August 5, 2004 addressed to the City Mayor on the list of ZAMODCA-TSMPCI additional vehicle units (body numbers 101-174) that complied with the 2004 Annual Vehicle Inspection as of August 2, 2004 in view hereof, the Mayor is requesting the Sangguniang Panlungsod to consider an ordinance covering the said units. (Referred to Councilor Cynthia G. Cajudo)

2. First Indorsement from the City Mayor addressed to Councilor Cynthia G. Cajudo, Chairman, Committee on Transportation of the following:

1. Copy Of The Minutes Of The Regular Session Of Barangay Council Of East Bajac-Bajac, This City, Held On August 10, 2004 Inviting Attention To The “Revocation Of MOA Between Barangay East Bajac-Bajac And The Olongapo-Tipo Transport Service Cooperative, Inc. (OTTSCI)”;

2. Memorandum Of The Board Of Directors Of The Olongapo-Tipo Transport Service Cooperative, Inc. (OTTSCI), New Cabalan, This City, Dated August 3, 2004 On The Complaint Of East Bajac-Bajac Brgy. Capt. Luis R. Grospe; And

3. Memorandum Of E.B.B. Brgy. Capt. Luis R. Grospe Dated August 12, 2004, Addressed To OTTSCI President Benjamin Dekit And The OTTSCI Board Of Directors On The Complaints Of E.B.B. Brgy Officials, Residents Of Canda Street, E.B.B., Based On Inspection Conducted By The City Health Department.
(Copy also to Councilor Atienza)
3. Memorandum From The City Mayor Of The Following:

A. Addressed To All Department Heads And All Division And Section Heads Regarding Prior Approval And/Or Clearance From The City Mayor Of Any Course Of Action Or Activity; (For information)

B. Regular Vehicle Inspection Every First Week Of The Month Starting September 2004; (For information)

C. Invitation to All City Government Heads, Staff And Personnel To Enroll At Columban College Graduate School; (For information)

D. Contributions For The 2004 Alay-Lakad Projects On October 3, 2004, To Wit:


Department Heads P200.00
Asst. Dept. Heads/Div. Chiefs 100.00
Rank And File 20.00

E. Arrival Of Rev. Bishop Florentino Lavarias Last August 30, 2004, At 2:00 P.M. To Meet The City Officials And Employees, With A Special Convoy Of Priests Headed By Msgr. Crisostomo Cacho; And

F. Additional Work Assignment Of Mr. Anacleto Delos Santos To Set Up The City Government Employees Cooperative. (Referred to Councilor Asuncion)

4. Copy Of Affidavit Complaint Of Acting Brgy. Capt Edgardo Danugrao, Brgy. Mabayuan With The Attached Joint Affidavit Complaint Of The Members Of Lupon Tagapamayapa Of Brgy. Mabayuan Since 2002 Against Mabayuan Brgy. Capt Danilo S. Fernandez For Grave Abuse Of Authority And Misconduct. (Referred to Councilor Atienza)

5. Copy Of The Committee Report Of Councilor Bella P. Asuncion, Chairman, Committee On Cooperatives.

6. Letter Of Councilor Noel Y. Atienza To The City Vice Mayor Affirming The Recommendation Of Sangguniang Panlungsod Suspending Mabayuan Brgy. Capt. Danilo Fernandez For A Period Of One (1) Month Pursuant To The Decision Of Brgy. Grievance Board Dated April 12, 2004 (ADM Case No. 2004-05) For Collection Of Sum Of Money And A Draft Resolution Ratifying The Waiver Of Possessory Rights Executed By Juliana Sevilla, Transferor And Hon. James Gordon, Jr., City Mayor.

7. Letter Inviting Dr. Julie Reyes, General Manager, PUD To Attend Committee Meeting On Friday, September 3, 2004, 9 O’ Clock In The Morning At The Session Hall Matters Regarding The Bill Of The PUD For The Period June 26 To July 25, 2005 In The Amount Of P35,418,822.95 Due And Payable On August 25, 2004 Will Be Discussed, From The Committee On Public Utilities.

8. Copy Of The CY 2005 Budget Proposal Of The Office Of The City Assessor. (For information)

9. Letter from Brgy. Capt. Danilo Fernandez informing the Barangay Grievance Board thru Sangguniang Panlungsod that as of September 1, 2004 he has not received any reaction from his appeal letter. It is important because his suspension would end soon. (Referred to Councilors Atienza, Cajudo and Capistrano)

10. Letter from Eliseo P. De Guzman, CESO V, City Director, DILG, Quezon City referring to the Sangguniang Panlungsod through the Honorable Vice Mayor Rolen C. Paulino regarding the verified complaint of Bernard Escano, et. al against Santiago Columbrites, Sangguniang Barangay Member of New Cabalan, Olongapo City for appropriate action pursuant to Section 61 (c) of new Local Government Code of 1991 (RA7160). (Referred to Councilors Atienza)

Committee Reports

Councilor Cajudo mentioned to the body that the communication she received dated April 1, 2004 regarding the anonymous complaint against Brgy. Kgd. Angie Socorro Barroga of Brgy. Gordon Heights has already been discussed and answered thus there is no point of discussing the matter further.

On another item, Councilor Cajudo reported her visit at New Cabalan Elementary School where she attended a meeting of the GSP Council. She said that there were great improvements in the school when the principal showed her around, except for one thing that caught her attention which the principal skipped to mention; the Schools electrical lines are installed on live trees within the school compound. Councilor Cajudo called the attention of the Engineering Office and the School Administration. The principal added that the PUD has already conducted an inspection regarding the kind of installation done but to date, no action was taken. She also added that their school will represent the City to the Regional Math and Science competition.

The Presiding Officer, briefly interrupted the reporting of Councilor Cajudo and called the attention of Councilors Marzan and Gordon on matters of public safety. He also referred to Councilor Aquino the report of Councilor Cajudo regarding the electrical line installation and consequently the PUD action.

For continuation, Councilor Cajudo informed the body of the meeting she attended together with Councilor Gordon, Brgy. Capt. Ubungen and TMB personnel at Iram Elementary School. They met with the Iram residents and tricycle drivers to hear their side on the City Mayor’s Executive Order regarding the rotation of services between jeepneys and tricycles in the area. They recommended to allow both jeepney and tricycle services to ply the route simultaneously. Councilor Cajudo told the residents that the City Mayor will be informed of their recommendations.

Lastly, Councilor Cajudo, in reply to the referral of the Presiding Officer for her to check the problem of the Sta. Rita – Filtration Gate, operators and drivers regarding the non-submission of financial status and standing of the members by Mr. Jun Rosal, their President. She said that she already sent Mr. Rosal a letter giving him 5 days upon receipt thereof to settle his commitments.

On the issue of the growing numbers of the food peddlers, Councilor Andrada reported the action she has to undertake together with the sanitary inspectors of the City Health Department (CHO) regarding the compliance of the peddlers to the sanitation code. A saturation drive along Magsaysay Drive, Rizal Ave., EBB and WBB especially within the vicinity of schools was conducted. Food peddlers were advised to secure or renew their Health Certificates in compliance with PD 856, otherwise known as the “Sanitation Code of the Philippines.” Violation on the said code will be charged to those who will fail to comply. To date, the City Health Officer has already submitted to the City Mayor her recommendations for those who will be issued permit and the other is the order to seize the operation of those who have not complied.

In another committee report, Councilor Andrada tackled the water sample testing of the deep well/spring water at Johnson Extension, EBB as per request by Brgy. Kgd. Lyn Reyes, Brgy. Kgd. on Health. The water testing conducted on Aug. 12, 2004 by the CHD yielded a positive result. The barangay officials and residents were furnished a copy of the result and were given a warning of its being unsafe for drinking. Councilor Andrada gathered reports that their warning remains unheeded. She said, that two years ago Subicwater constructed a main pipeline to service the residents of Johnson Ext. and Little Baguio, done thru the efforts of the then Mayor Kate H. Gordon. But when the pipeline was completed, very few applied for connections because some would like the connection to be free of charge which the Subicwater may not grant.

The Chair on Committee on Cooperatives, Councilor Bella Asuncion gave a brief discussion on what she learned after attending the organizational meeting of Cooperative Union of Olongapo and Zambales last Aug. 29, 2004 at Sta. Rita. She said that the objective of the meeting is for the cooperatives of Olongapo and Zambales to be an apex organization of all types of primary cooperatives and federations. It is envisioned to act as an intermediary to its members and deliver services such as information dissemination; business and livelihood support; promote knowledge of the cooperative principles; professionals and technical services; education and training; and policy development for cooperative. Twenty (20) cooperative members were in attendance. Kgd. Cesar Santiago of KABALIKAT was elected Chairman; Mr. Fermin Elago of Olongapo City Workers General Services Multi Purpose Cooperative was elected as Vice-Chairman. The facilitators of the said meeting were Mr. Edmundo Engao, Cooperative Development. Authority Specialist, and Mr. Anacleto Delos Santos, City Consultant.

Next to give a committee report was Councilor Atienza. He reminded the City Councilors who has not yet submitted the committee composition of their respective committee chairmanship to act on it. In another topic, he apprised the body on the result of the research he conducted for the ratification of the waiver of possessory rights executed by Juliana Sevilla. The said parcel of land is located at Cristobal St., Brgy. Sta. Rita where the Basketball Court is located. The registered owner appearing in its tax declaration is in the name of the Republic of the Philippines but Juliana Sevilla is in claim of its ownership. With the waiver she executed, it clears the title of the city over that property thus is now ready for ratification by the august body. Lastly, he also said that part of the agenda of the session is a resolution he made addressing the letter of appeal by Brgy. Capt. Danilo Fernandez to the body.

Councilor Ted del Rosario, the Chair or Committee on Trade, Business, Tourism and Economic Enterprise read the memorandum dated Aug. 16, 2004 from the Department of Tourism which enjoins all nations throughout the world to celebrate the 25th World Tourism Day on the 27th of Sept. 2004. He also mentioned that 10 activities were suggested for its celebration and one of which is an official declaration from the Local Sanggunian of the World Tourism Day, which he will endorse as an urgent matter in their agenda. Furthermore, Councilor del Rosario also informed the body of the result of the planning session for Micro Small and Medium Enterprises Development conducted just this morning initiated by the Mayor’s Office thru the Administrator’s Office. It was discussed that to attract more city investors, there is a need to have the Local Incentives Code No. 2, fiscal and non-fiscal. There is also a need to review and amend some parts of the Revenue Code which hinders influx of investments. Our One-Stop-Shop of business enterprises still needs further streamlining. It was also suggested in the said planning session to have an Overseas Filipino Investment Desk which will give assistance and guidance to the overseas workers on how and where to invest their earnings. Lastly, it was also mentioned to conduct an inventory of vacant lots for the would-be investors.

The Presiding Officer added that Councilors Atienza and del Rosario were already asked to review the Local Revenue Code.

Councilor Piano, shared that thru the invitation of the City Mayor, a dialogue was forged with the groups opposing the impending water rate increase and the Privatization of P.U.D. This was held at the FMA Hall. At this meeting, the oppositor’s spokesperson, Mr. Benjamin Miranda, explained why they are totally against the water rate increase, along with Mr. Sammy Matias and the others. It is also for this reason why they are called upon by the City Mayor because they wanted to conduct a rally last Saturday, August 28. Furthermore, the said oppositors mentioned the problems regarding the electrical services of the City. For example, one of the reports submitted to the former Mayor Kate Gordon, is about the tree that was turned to an electrical post which is of high risk to the area. They even mentioned other concerns such as garbage and garbage collection in the City.

Last Saturday on local TV, our Mayor told that Subic Water put on hold the water rate increase. This is one of the reasons why the rally was not held, he said.

The Councilor’s second report is about the arrival of the Deputy Director of National Telecommunications Commission in Olongapo last August 26. They tackled important issues on the NTC Memorandum regarding the sales and repair of cellphones. He is also inviting all who have concerns with this matter, and stated that on Friday the forum will be held to further address the issues. NTC personnel themselves will explain the Memorandum Circular. Councilor Piano mentioned that 125 businessmen will attend the said forum. The Councilor also advised that if the FMA Hall is not big enough for all who will attend, the visitors can still view or hear it through their T.V. or radios at home.

Councilor Piano reported on the results of the citywide activity of the YMCA specifically on the “Araw ng Maynila Swimming Competition”. The results are as follows:

1. Gerard Robin Ebue - 3 silver, 2 bronze

2. Lorelie Etrone - 1 gold patch

3. Mervin Mandadero - 1 bronze

4. Hillary Lee - 1 gold, 1 bronze

He particularly mentioned that in exchange for their “job well done” the City promised monetary gifts for the Batang Pinoy winners who were the same children stated above had not yet received at this point. Also, last August 27 and 28 the 3rd YMCA G4 Chess Tournament was held at the Olongapo City Mall. The overall champion for the elementary division came from the Columban College Main Campus, the Olongapo City National High School for the secondary level and for the college level the overall champion came from Mondriaan Aura College. All the participants would like to thank the Olongapo City Mall for the venue and also the Tournament Director Hubert Magrata along with the Chairman of inter-school tournament Mr. Edgar Dimen.

For his next report, Councilor Piano said that a committee hearing was recently held for the application of Digitel to construct a cellsite in Gordon Heights. Some of the important things were tackled, such as the passage of a Barangay Council Resolution before the council can pass the aforesaid resolution request. The Barangay Chairman also revised the policy of the 50-meter radius for the cellsite construction from the 200m in its immediate vicinity. Other than that, they would also need to secure clearances from the NTC, Air Transportation and the Subic Bay International Airport. Documents of the property where the installation will be constructed are also needed. One important issue that the City Council mentioned is an Affidavit of Undertaking. Under the City Council Resolution No. 16, Series of 1995 this land is under a reserve area, therefore a Deed of Undertaking is required to bring the authority of the land back to the City.

Councilor Piano also shared that he attended a hearing regarding Innove Communications at the Subic Bay Metropolitan Authority. The company proposed telecommunication services at the Subic Bay Freeport and will also include the City of Olongapo. In the hearing which was presided by Atty. Vonn Rodriguez, the Subic Telecom, opposing party motioned that the hearing must be deferred. Subic Telecom also mentioned that their request to renew their contract as the exclusive Telecom provider of the City must be prioritized. But according to Councilor Piano under Executive Order 7125, the Telecom industry is open for anyone and everyone.

Councilor Aquino gave the highlights of the proposed Boardwalk Project. The project is currently under construction with a total budget amount of Php 28 million, where Php 20 million will come from the Department of Tourism and Php 8 million from our local funds. The said Boardwalk will be situated in Volunteers Park. The other Boardwalk project is at the Driftwood Beach, which already commenced under a total budget of Php 6.9 million. This was also approved by virtue of Ordinance No. 46, Series of 2004. The budget from the Department of Tourism is set at Php 3.5 million, while the local government of Olongapo shared Php 3.4 million.

Councilor Marzan reported that together with the chairman of the Committee on Education, they received a letter from Mr. Lamberto Samson, PTCA President of CENTEX, who stated that the school needs to have its own building. A hearing was conducted regarding this matter which was heard by Councilors Marzan, Cajudo and Buenafe along with CENTEX’s principal Ms. Nilda Quitaneg, The letter sent by the PTCA President aired that the parents are only concerned on the well being of their children, she said.

So, the first step that Councilor Marzan and the others took, was to refer the matter to the City Engineering for a technical feasibility study. The other option discussed was to create more homerooms if there is not enough budget for the building. Their second step was to indorse Mr. Lamberto’s letter to the Department of Education for assistance. They will also forward it to the School Board to check if there is budget for such construction.

Councilor Piano also added that if it is possible to calibrate all fuel tanks of all the gas stations in Olongapo City, to be sure that the consumers get what they have paid for. This is to avoid the malpractice that happened to the consumers in Metro Manila.

With this, the Chairman instructed Councilor Brian to check if all fuel tanks of gasoline stations in the City are properly calibrated.

Calendar of Business

Second Reading:

On successive motions of the respective sponsors, the body unanimously approved one after the other the following items on second and final readings, to wit:

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 Expressing No Objection On The Applications Of Innove Communications, Inc. For The Issuance Of Certificate Of Public Convenience And Necessity To Render And Provide International And Domestic Leased Line Services In The Territorial Jurisdiction Of The Subic Bay Metropolitan Authority (SBMA) And Olongapo City To Charge The Corresponding Rates Therefor With Prayer For Provisional Authority (SBMA Case No. 04-001) 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 And Olongapo City To Charge The Corresponding Rates Therefore With Prayer For Provisional Authority (SBMA Case No. 04-002). Sponsored by 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-22 – A Resolution Commending City Councilor, Hon. Brian Patrick H. Gordon, PO3 Marcelino P. Mangila, Jr., SPO4 Rodel P. Sarmiento And The Rest Of The PNP Team For The Speedy Apprehension Of The Suspect Significant To The Swift Resolution Of A Heinous Crime In The City. Unanimous.

2. Draft Resolution No. 2004 – R-24 – A Resolution Adopting September 27, 2004 As World Tourism Day in Olongapo City. Sponsored By Councilor Teodoro D. Del Rosario And Co-Sponsored By Councilors Brian Patrick H. Gordon And Gina G. Perez.

3. Draft Resolution No. 2004 – R-25 – A Resolution Of Posthumous Appreciation On The Distinguished Contributions Of Mrs. Lucita Rodriguez-Turalba In The City. Unanimous.

4. Draft Resolution No. 2004 – R-26 – A Resolution Affirming The Decision Of The Sangguniang Panglungsod Suspending Barangay Captain Danilo S. 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 Money. Sponsored By Councilor Noel Y. Atienza.

B. Councilor Perez discussed the Proposed Organizational Chart which was furnished to all members of the Council.


There being no further business to be discussed, the session was adjourned at 5:17 in the afternoon.


Council Secretary


City Vice-Mayor & Presiding Officer