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SANGGUNIANG PANLUNGSOD
City of Baguio
REGULAR SESSION, 04 FEBRUARY 2013, 2:00 P.M.
SESSION NR. R-05
A.
3.
Opening Prayer
HON. PETER C. FIANZA shall lead the opening and closing prayers.
Pambansang Awit
Baguio March
PCL Creed
HON. PHILIAN LOUISE C. WEYGAN-ALLAN shall lead in
reciting the PCL Creed.
Roll Call
B.
ORDER OF BUSINESS
1.
INVITATIONS:
2.
The following personalities were requested to be present in todays meeting to shed light on matters
regarding the ongoing tax collection system:
[a] The MEMBERS of the Local Finance Committee; and
[b] Mr. EDWIN N. MANAOIS, Information Technology Officer II, Management
Information and Technology Division, City Budget Office.
3.
4.
Letter dated 14 January 2013 of Hon. Edison R. Bilog to Hon. Vice Mayor Daniel T. Farias,
requesting to invite the following personalities to appear on January 21, 2013 Regular Session to air
their statements relative to their request for exemption from paying tax penalties:
a. delinquent leaseholders/stall owners/awardees at Block III, Baguio City Public Market;
b. Ms Alicia L. Onoza, Asst. City Treasurer, In-Charge of Office; and
c. Mr. Policarpio M. Tamayo, LTOO IV, Acting Market Superintendent.
(NOTE: The following personalities were requested to be present in todays meeting to clarify
matters relative to the request of delinquent leaseholders/stall owners/awardees at Block III,
Baguio City Public Market, for exemption from paying tax penalties, per recommendation of
the Committee on Committee on Market, Trade and Commerce, approved during the 28
January 2013 Regular Session:
1. ALL DELINQUENT LEASEHOLDERS/STALL OWNERS/AWARDEES, Block III,
Baguio City Public Market;
2. Ms. ALICIA L. ONOZA, In Charge of Office, City Treasury Office;
3. Mr. POLICARPIO M. TAMAYO, Local Treasury Operations Officer IV, Acting Market
Superintendent, City Treasury Office; and
4. ALL VENDORS peddling along the Violet Areas, Baguio City Public Market.)
Page 1
The Committee on Human Rights, Justice, Public Protection and Safety, Peace and
Order recommends that the said Proposed Ordinance Nr. PO 0050-12 be APPROVED on SECOND
READING AFTER PUBLICATION and POSTING
Hon. Nicasio S. Palaganas, Member of the Committee, signified CCTVs should not be
a requirement & non-installation should not be penalized. (Item 4, 28 January 2013 Agenda)
6.
7.
Page 2
9.
1.
Barangay Resolution No. 28, series of 2011, of P. Burgos Barangay entitled,
Resolution approving the recommendation of the senior citizens of the barangay for the
management of barangay alley/street lights be transferred to BENECO.
2.
Barangay Resolution No. 1, series of 2011, of M. Roxas Teachers Camp
Barangay, A resolution forwarding to the Sangguniang Panlungsod for information and
approval the transfer of maintenance of streetlights from the city government to
BENECO.
3.
Barangay Resolution No. 45, series of 2011, Pinsao Pilot Project Barangay
entitled, Resolution adopting the senior citizens resolution during the SCOFAD dated
October 3, 2011 for the transfer of maintenance and management of streetlights to
BENECO.
4.
Barangay Resolution No. 1, series of 2011, of Guisad Central Barangay
entitled, A resolution requesting the City Mayor and the City Council to allow that
BENECO maintain the street and alley lights in our barangay and in the city as a whole.
5.
Letter dated 21 October 2011 of Mr. Alejandro Visaya, Unit President, Senior
Citizens Association, Padre Zamora Barangay, furnishing their Resolution Numbered 01,
series of 2011 entitled, Resolution approving the transfer of maintenance and operation
of street/alley lights from the City Government of Baguio to BENECO.
c.
Proposed Resolution Nr. PR 0242-11 introduced by Hon. Joel A. Alangsab and Hon. Nicasio
M. Aliping Jr., co-authored by Hon. Fred L. Bagbagen, Hon. Peter C. Fianza, Hon. Erdolfo V.
Balajadia, Hon. Nicasio S. Palaganas, Hon. Edison R. Bilog and Hon. Elmer O. Datuin
Supporting the transfer of the maintenance of streetlights from the city to the Benguet Electric
Cooperative, Inc. (BENECO) on temporary basis until such time that the Light Emitting Diode (LED)
technology will be installed by the city.
Hon. Fred L. Bagbagen, signified For discussion.
Hon. Betty Lourdes F. Tabanda, signified Latest figures must be presented to the
Council. For discussion en banc.
Hon. Peter C. Fianza, signified For discussion to consider needed report from the CEO
on experiment conducted and LED installation project.
Hon. Nicasio S. Palaganas, signified Can the cost of the project be charged against the
PPA due to the city?
Hon. Edison R. Bilog, signified I agree with Hon. Palaganas.
d.
Resolution No. 1, series of 2011, of the Liga ng mga Barangay Officials entitled, A
resolution of the Liga ng mga Barangay Baguio Chapter expressing support to the proposal for
transfer of the maintenance function of streetlights from the city government to the Benguet Electric
Cooperative (BENECO).
The Committee on Public Utilities, Transportation and Traffic Legislation
recommends endorsing the transfer of management and maintenance of the unmetered streetlights of
the City of Baguio to the Benguet Electric Cooperative (BENECO) for twelve (12) burning hours
without prejudice to the LED project of the city pursuant to City Resolution Numbered 466, series of
2011.
Hon. Fred L. Bagbagen, Member of the Committee, signified for discussion.
(Item 8, 28 January 2013 Agenda)
10.
Page 3
12.
The Committee on Human Rights, Justice, Public Protection and Safety, Peace and Order
recommends the abovementioned proposed ordinance be APPROVED on SECOND READING AFTER
PUBLICATION and POSTING considering that during the public hearing conducted last August 29, 30
and 31, 2012 no one raised any opposition to the proposed ordinance. (Item 12, 28 January 2013
Agenda)
13.
b.
1st Indorsement dated 14 September 2012 of Ms. Cordelia C. Lacsamana, City Government
Department Head II, CEPMO, forwarding for information and appropriate action their comments regarding
Proposed Ordinance Nr. PO 008-12 of Hon. Nicasio M. Aliping Jr.
(NOTE: The above matter is in reply to the 3rd Indorsement dated 03 September 2012 of the City
Secretary, forwarding for comments and suggestions to Mr. Moises C. Lozano, Chief, Waste Water and Air
Management Division-Clean Air Monitoring Unit (CAMU), CEPMO, Baguio City the Proposed Ordinance
Nr. PO 008-12 of Hon. Nicasio M. Aliping Jr. An ordinance amending Section 10 of Ordinance 61, series
of 2008. The recommendation of the Committee on Health and Sanitation, Ecology and Environmental
Protection was acted upon during the 03 September 2012 Regular Session.)
The Committee
on
Health
and
Sanitation, Ecology and
Environmental
Protection recommends that the above be DISCUSSED EN BANC. (Item 13, 28 January 2013 Agenda)
14.
The Committee on Education, Culture and Historical Research recommends that the above
stated ordinance be APPROVED on SECOND READING AFTER PUBLICATION by POSTING, with
the information that the approved House Bill No. 834 entitled, An Act Honoring and Granting Additional
Benefits and Privileges to Filipino Centenarians, Declaring the 25th of September as National Respect
for Centenarians Day and For Other Purposes, was transmitted to the Senate for deliberation. (Item
14, 28 January 2013 Agenda)
15.
16.
17.
Page 4
18.
The Committee on Tourism, Special Events, Parks and Playgrounds recommends that
the above proposed ordinance as amended be APPROVED on SECOND READING AFTER
PUBLICATION and POSTING with amendments as contained in its 6th Indorsement
dated 10 October 2012. (Item 18, 28 January 2013 Agenda)
19.
20.
The Committee on Urban Planning, Lands and Housing recommends approval of the
above proposed resolution. (Item 20, 28 January 2013 Agenda)
21.
22.
b.
Letter dated 18 September 2012 of Engr. Oscar V. Flores, City Building Official, City
Buildings and Architecture Office (CBAO), submitting their comment regarding the issue on the height
limit of the building at Session Road, Baguio City owned by MBP Realty Corporation represented by Mr.
Tony Ang.
Page 5
The Committee on Urban Planning, Lands and Housing recommends that the above matters
BE NOTED and BE FORWARDED to the Office of the City Planning and Development Coordinator and
Zoning Administrator/Officer, Baguio City for appropriate information, inviting attention and compliance
to Section 31 of Ordinance Numbered 051, series of 2001 provided as follows:
Section 31. POWERS AND FUNCTIONS OF A ZONING ADMINISTRATOR/ZONING OFFICER.
Pursuant to the provisions of E.O. 72 Implementing R.A. 7160 in relation to Sec. 5, Paragraph a and d and
Section 7 of Executive Order No. 648 dated February 1981, the Zoning Administrator/ ZONING OFFICER shall
perform the following functions, duties and responsibilities:
1.
Enforcement
A. Act on all applications for locational clearances for all projects.
1. Issuance of Locational Clearance for projects conforming with zoning regulations.
2. RECOMMEND TO THE LOCAL ZONING BOARD OF ADJUSTMENT AND APPEALS
(LZBAA) the grant or denial of applications of variances and exemptions and the issuance
of Certificate of Non-Conformance for the non-conforming projects lawfully existing at
the time of the adoption of the zoning Ordinance, including clearances for
repairs/renovations on non-conforming uses consistent with the guidelines therefor.
B. Monitor on-going/existing projects within their respective jurisdictions and issue notices of
violation and show cause order to owners, developers, or managers of projects that are
violative zoning Ordinance and, IF NECESSARY, PURSUANT TO SEC. 3 OF E.O. 72 AND
SEC. 2 OF E.O. 71, refer subsequent action thereon to the HLURB.
C. Call and coordinate with the Philippine National Police for enforcement of all orders and
PROCESSES issued in the implementation of this ordinance.
D. Coordinate with the City Prosecutor for other legal actions/remedies relative to the
foregoing.
2.
Planning
A. Coordinate with the Regional Office of the HLURB regarding proposed amendments to the
zoning ordinances prior to adoption by the Sangguniang Panlungsod.
Hon. Erdolfo V. Balajadia, Member of the Committee, signified The Resolution is obviously
centered on a building constructed along Session Road, Baguio City owned by MBP Realty Corporation which
allegedly exceeded the height requirement provided for in Ordinance Numbered 051, series of 2001,
particularly Section 31 thereof.
The Resolution seeks to inform the City Planning and Development Coordinator and Zoning
Administrator/Officer of Baguio City of Section 31 of the said ordinance, and, at the same time, recommends
compliance to the cited ordinance.
This matter has been sufficiently discussed during the September 3, 2012 session of this august body
so that said discussions should be taken into consideration in order not to appear that the building in question
is being singled out and in order that said office shall be able to come out with a fair and objective action
considering other buildings constructed in the City of Baguio and considering other facts and circumstances
revealed during the said session.
Consequently, the Office of the City Planning and Development Coordinator and Zoning
Administrator/Officer of Baguio City must be advised to consider the discussions during the September 3, 2012
session in whatever action it may take. (Item 22, 28 January 2013 Agenda)
23.
24.
25.
Page 6
26.
28.
29.
Page 7
30.
150,000.00
As per Memorandum for the City Engineer, Baguio City, dated 22 August 2012 of Rodrigo
Samuel R. Martinez, Engineer II and noted by Constancio G. Imson Jr., Engineer IV, both of the City
Engineers Office the location of dilapidated road identified by the barangay officials with former
Councilor Antonio Tabora, and the undersigned, was at South Central Aurora Hill but in the
approved project title location was written North Central Aurora Hill.
Consequently, in the same Memorandum, the City Engineers Office requests for a change
in project title from rehabilitation of dilapidated road, Rimando Road at North Central Aurora Hill
Barangay, Baguio City to rehabilitation of dilapidated road, Rimando Road at South Central
Aurora Hill Barangay, Baguio City.
The Committee on Public Works recommends that after the Sangguniang Panlungsod ng
Baguio shall have taken official cognizance that the error in the situs/location of the project was due
merely to oversight, it shall order the correction of the error by indicating in all documents covering
the same that the location of the project, rehabilitation of dilapidated road, Rimando Road shall
be at South Central Aurora Hill, Baguio City. (Item 30, 28 January 2013 Agenda)
31.
32.
33.
34.
On verification of documents submitted, the above subject lot identified as Lots 29 and 30
(portion) Block 38, GSS-529, Res. Sec. H, Baguio Workingmens Village, Aurora Hill, Baguio city is
identical to Lot 21, Block 38 awarded to Baltazar Cruz by virtue of Resolution No. 205, series of 1970.
In view thereof, the Committee on Urban Planning, Lands and Housing recommends
that the award of Lot 21, Block 38, Baguio Workingmens Village, Aurora Hill, Baguio City, in
favor of Baltazar Cruz be cancelled and the same BE AWARDED in favor of the heirs of Baltazar
Cruz, represented by Erma Cruz Tamayao, subject to Ordinance No. 65, series of 1948 as amended.
Further, recommends that the mode of patenting the above parcel of land shall be through
the Miscellaneous Sales Application (MSA) as provided under R.A. 730.
Further, recommends that the mode of patenting the above parcel of land shall be through
the Miscellaneous Sales Application (MSA) as provided under R.A. 730.
Attached are the Memorandum dated 21 September 2010 from the City Planning and
Development Office for further information and guidance. (Item 34, 28 January 2013 Agenda)
04 February 2013 Agenda
Page 8
35.
The Committee on Laws recommends confirmation of the above stated Deed of Donation.
(Item 36, 28 January 2013 Agenda)
37.
The Committee on Urban Planning, Lands and Housing recommends that the above
matter BE DISCUSSED EN BANC. (Item 37, 28 January 2013 Agenda)
38.
39.
The Division I recommends that this case be DISMISSED as it is hereby dismissed for lack of
substantial evidence. (Item 39, 28 January 2013 Agenda)
40.
41.
42.
Page 9
43.
44.
Letter dated 29 October 2012 of Hon. Betty Lourdes F. Tabanda, President, PCL, Baguio Chapter to
Hon. Nicasio M. Aliping Jr., Acting City Vice Mayor, furnishing a copy of DOJ Opinion No. 38, s. 2012
[step increment benefit of elective officials] which reconsiders DOJ Opinion No. 16, s. 2011 and
suggesting that said matter be taken up with the Local Finance Committee at the soonest possible time.
(Item 45, 28 January 2013 Agenda)
46.
47.
48.
49.
50.
Page 10
51.
52.
53.
54.
The Committee on Ways and Means and Finance, Cluster A, recommends that the
above mentioned ordinance be APPROVED ON SECOND READING AFTER PUBLICATION.
(Item 54, 28 January 2013 Agenda)
55.
Page 11
56.
The Committee on Human Rights, Justice, Public Protection and Safety, Peace and
Order recommends APPROVAL on SECOND READING FOR PUBLICATION of the said
proposed ordinance. (Item 58, 28 January 2013 Agenda)
59.
The Committee on Ethics, Governmental Affairs and Personnel recommends that the
above manifestation be NOTED since the report of the Local Finance Committee states among others
in their 2nd Indorsement that there is no legal basis for the said grant and to wait the answer from the
Department of Budget and Management on the possibility of granting the said benefit. (Item 59,
28 January 2013 Agenda)
60.
Page 12
61.
62.
The Committee on Laws recommends that the above stated proposed ordinance
be converted into a proposed resolution amending City Council Resolution No. 254, series
of 2004 entitled, A resolution providing for a Codified and Revised Internal Rules of
Procedure for the Sangguniang Panlungsod of Baguio City, considering that the subject
matter of the proposed ordinance originated from Section 3, paragraph 4 of the above stated
City Council Resolution.
Wherefore, the Committee on Laws recommends that the above stated proposal
be approved. (Item 62, 28 January 2013 Agenda)
63.
COMMITTEE REPORTS:
64.
65.
Page 13
67.
69.
70.
Although its intention is to promote healthy living, the proposed ordinance did not state the
programs intended, which would entail funding.
It is therefore recommended that the proposed ordinance be returned to the proponent to
further identify/enumerate specific programs for funding to further strengthen its purpose supporting
the above proposed ordinance.
71.
72.
Page 14
73.
74.
75.
The Committee on Human Rights, Justice, Public Protection and Safety, Peace and
Order recommends approval of the aforementioned proposed ordinance on SECOND READING
BEFORE PUBLICATON and POSTING.
76.
77.
78.
Page 15
79.
80.
81.
82.
amounting to
amounting to
FAVORABLE
the concerned
83.
84.
85.
The Committee on Public Utilities, Transportation and Traffic Legislation recommends that
the above matter be indorsed to the City Legal Office for its legal opinion and recommendation.
Page 16
86.
87.
88.
89.
90.
91.
92.
Page 17
93.
Page 18
94.
95.
NEW MATTERS:
96.
97.
OTHER MATTERS:
98.
a.
Letter dated 13 July 2012 of Hon. City Mayor Mauricio G. Domogan to Hon. Vice
Mayor Daniel T. Farias, forwarding the proposed amendments by the Special Bids and Awards
Committee to the Terms of Reference as specified under Resolution No. 446, series of 2011 due to
various concerns. (Item 2a, 14 January 2013 Agenda)
b.
Letter dated 17 December 2012 of Atty. Carlos M. Canilao, City Administrator and
Chairperson, Special Bids and Awards Committee, relative to the proposed amendments by the
Special Bids and Awards Committee to the Terms of Reference as specified under Resolution No.
446, series of 2011 due to various concerns. (Item 2b, 14 January 2013 Agenda)
(NOTE: [a] Resolution No. 446, s. of 2011 approved the Terms of Reference for the replacement of all
existing streetlights, park lights, including lights in overpasses, flyovers and city government owned
buildings and facilities with Light Emitting Diode (LED) bulbs and repair and maintenance on a privatepublic partnership in a cost-saving share scheme.
[b] The above matters were returned to the Committee on Laws for further study and to await the answer
of the Technical Working Group and the Special Bids and Awards Committee on the queries to the
Honorable Members during the Sangguniang Panlungsod Regular Session of 14 January 2013.)
c.
Letter dated 28 January 2013 of Atty. Carlos M. Canilao, City Administrator and Atty.
Leticia O. Clemente, City Budget Officer, Chair and Co-Chair respectively, Special Bids and Awards
Committee to Hon. Vice Mayor Daniel T. Farias, regarding the Light Emitting Diode (LED).
(NOTE: The above matter was forwarded to the Committee on Laws on 31 January 2013.)
d.
Letter dated 31 January 2013 of Hon. City Mayor Mauricio G. Domogan, requesting
inclusion in the City Council Agenda on 04 February 2013 the pending amendment to Resolution No.
446, series of 2011.
99.
Letter dated 30 January 2013 of Hon. Fred L. Bagbagen to Hon. Vice Mayor Daniel T. Farias,
requesting permission to deliver a privilege speech entitled A Tale of Two Electric Cooperatives on
February 4, 2013 Regular Session.
(NOTE: With marginal notation dated Jan. 30, 2013 of Hon. Vice Mayor Daniel T. Farias Noted. Jun,
please include.)
C.
D.
CITIZENS FORUM
BAGUIO HYMN
CLOSING PRAYER
*comsecdiv
Page 19