february 04, 2013

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04 February 2013 Agenda Page 1 Republic of the Philippines SANGGUNIANG PANLUNGSOD City of Baguio REGULAR SESSION, 04 FEBRUARY 2013, 2:00 P.M. SESSION NR. R-05 A. OPENING OF THE SESSION 1. Opening Prayer HON. PETER C. FIANZA shall lead the opening and closing prayers. 2. Pambansang Awit Baguio March PCL Creed HON. PHILIAN LOUISE C. WEYGAN-ALLAN shall lead in reciting the PCL Creed. 3. Roll Call B. ORDER OF BUSINESS 1. Minutes of the Sessions: [a] 17 December 2012; [b] 28 December 2012 (Special); [c] 07 January 2013; [d] 14 January 2013; [e] 21 January 2013; and [f] 28 January 2013. INVITATIONS: 2. The following personalities were requested to be present in today’s 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. Committee Report Nr. CR 0492-12 Barangay Resolution No. 01, series of 2011, of Malcolm Square Barangay entitled, “A resolution expressing approval of the enactment by the Sangguniang Barangay of a tax ordinance which shall authorize the barangay to collect parking fees among vehicle owners using the streets within Malcolm Square Barangay as a parking area.” In view of the foregoing compliance with Sections 186 and 187 of the Local Government Code mandating that ordinances levying taxes, fees, or charges shall be the subject of a public hearing prior to its enactment, as could be evidenced by the hereto attached minutes of the meeting and attendance to the general assemblies, the Committee on Ways and Means and Finance, Cluster C, recommends FAVORABLE REVIEW of the subject barangay ordinance. Hon. Joel A. Alangsab, Member of the Committee, signified “for discussion: Tax Ord. No. 2011-01 as amended provides for the fees & manner for parking – does it not run counter said ordinance?” (Item 11, 28 January 2013 Agenda) (NOTE: The following personalities were requested to be present in today’s meeting to discuss matters relative to the above barangay resolution: 1. The BARANGAY COUNCIL of MALCOLM SQUARE BARANGAY; and 2. Ms. ALICIA L. ONOZA, In Charge of Office, City Treasury Office.) 4. Letter dated 14 January 2013 of Hon. Edison R. Bilog to Hon. Vice Mayor Daniel T. Fariñas, 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 today’s 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.)

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February 04, 2013

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Page 1: February 04, 2013

04 February 2013 Agenda Page 1

Republic of the Philippines

SANGGUNIANG PANLUNGSOD City of Baguio

REGULAR SESSION, 04 FEBRUARY 2013, 2:00 P.M.

SESSION NR. R-05

A. OPENING OF THE SESSION 1. Opening Prayer

HON. PETER C. FIANZA shall lead the opening and closing prayers. 2. Pambansang Awit

Baguio March PCL Creed

HON. PHILIAN LOUISE C. WEYGAN-ALLAN shall lead in reciting the PCL Creed.

3. Roll Call B. ORDER OF BUSINESS

1. Minutes of the Sessions: [a] 17 December 2012; [b] 28 December 2012 (Special); [c] 07 January 2013; [d] 14 January 2013; [e] 21 January 2013; and [f] 28 January 2013.

INVITATIONS:

2. The following personalities were requested to be present in today’s 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. Committee Report Nr. CR 0492-12 Barangay Resolution No. 01, series of 2011, of Malcolm Square Barangay entitled, “A resolution expressing approval of the enactment by the Sangguniang Barangay of a tax ordinance which shall authorize the barangay to collect parking fees among vehicle owners using the streets within Malcolm Square Barangay as a parking area.”

In view of the foregoing compliance with Sections 186 and 187 of the Local Government Code mandating that ordinances levying taxes, fees, or charges shall be the subject of a public hearing prior to its enactment, as could be evidenced by the hereto attached minutes of the meeting and attendance to the general assemblies, the Committee on Ways and Means and Finance, Cluster C, recommends FAVORABLE REVIEW of the subject barangay ordinance.

Hon. Joel A. Alangsab, Member of the Committee, signified “for discussion: Tax Ord. No. 2011-01 as amended provides for the fees & manner for parking – does it not run counter said ordinance?” (Item 11, 28 January 2013 Agenda)

(NOTE: The following personalities were requested to be present in today’s meeting to discuss matters relative to the above barangay resolution:

1. The BARANGAY COUNCIL of MALCOLM SQUARE BARANGAY; and 2. Ms. ALICIA L. ONOZA, In Charge of Office, City Treasury Office.)

4. Letter dated 14 January 2013 of Hon. Edison R. Bilog to Hon. Vice Mayor Daniel T. Fariñas,

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 today’s 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.)

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04 February 2013 Agenda Page 2

UNFINISHED BUSINESS/DEFERRED MATTERS – 28 JANUARY 2013 REGULAR SESSION

5. Committee Report Nr. CR 0557-12

SECOND READING AFTER PUBLICATION: Proposed Ordinance Nr. PO 0050-12 of Hon. Edison R. Bilog and coauthored by Hon. Fred L. Bagbagen “Amending City Ordinance Numbered 88, series of 2008 entitled, ‘Requiring all banks in the City of Baguio to install high definition Closed-Circuit Television (CCTV) with corresponding image recorder in their establishments, in order to include schools, shopping malls/department stores, convenience stores, gasoline stations, pawnshops, money changers and other business establishments with minimum business capital of P500,000.00’.”

(NOTE: [a] The above proposed ordinance was based on the letter dated 09 May 2012 of P/Supt. Benjamin Bañez Magalong, Police Chief Superintendent, RD, PRO-Cor/Chairman, Regional Law Enforcement Coordinating Committee (RLECC)-CAR to Hon. City Mayor Mauricio G. Domogan, endorsing RLECC Resolution No. CAR 01, s. 2012 entitled, “A resolution recommending to the City of Baguio the enactment of an ordinance requiring schools and business establishments in the City of Baguio for the installation of Close Circuit Television (CCTV) in their business area as one of the requirements for the approval or renewal of their business permits.” [b] Ordinance Nr. 088, s. 2008 requires all banks in the City of Baguio to install high definition Closed-Circuit Television (CCTV) with corresponding image recorder in their establishments. [c] FIRST READING – 25 June 2012 [d] Rule IV, Sec. 2A of the Internal Rules of Procedure states, “On second reading before publication of an ordinance, the ordinance shall be open for discussion, proposals and amendments to know whether or not the proposed ordinance will be approved before publication. Amendments may be allowed prior to publication.” [e] The Notice of Public Hearing was published in the Sun Star issue of 27 August 2012. [f] SECOND READING FOR PUBLICATION AND POSTING - 17 September 2012

- Published in the Sun Star issue of 25 September 2012 and was posted on the bulletin boards of City Hall, City Public Market, City Library and the Health Services Office starting 18 September 2012.)

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 “CCTV’s should not be a requirement & non-installation should not be penalized.” (Item 4, 28 January 2013 Agenda)

6. Committee Report Nr. CR 00397-12 1st Indorsement dated 10 May 2011 of Engr. Evelyn B. Cayat, Officer-In-Charge, City Planning and Development Coordinator Office, forwarding their technical evaluation report on the letter dated 26 October 2010 of Mr. Wilfredo A. Malcampo, Operations Manager and representative of Pine Cones Subdivision (formerly St. Petersburg Residential Estate) to Hon. City Mayor Mauricio G. Domogan, applying for the alteration of plan of Pine Cones Subdivision located at Res. Sec. “J”, Dontogan Barangay, Baguio City. The Committee on Urban Planning, Lands and Housing recommends APPROVAL of the above application for alteration of plan of Pine Cones Subdivision located at Res. Sec. “J”, Dontogan Barangay, Baguio City. (Item 5, 28 January 2013 Agenda)

7. Committee Report Nr. CR 0449-12

Proposed Ordinance Nr. PO 0058-12 of Hon. Philian Louise C. Weygan-Allan “Creating a committee to undertake a Sanitation Code of the City of Baguio and providing funds thereof.”

(NOTE: [a] FIRST READING – 23 July 2012 [b] Rule IV, Sec. 2A of the Internal Rules of Procedure states, “On second reading before publication of an ordinance, the ordinance shall be open for discussion, proposals and amendments to know whether or not the proposed ordinance will be approved before publication. Amendments may be allowed prior to publication.”) The Committee on Health and Sanitation, Ecology and Environmental Protection

recommends that the proposed ordinance be merely NOTED considering that a committee was previously created to spearhead the crafting of the Environmental Code which includes all ordinances and resolutions relevant to the conservation, protection, enhancement, restoration, rehabilitation and management of the environment.

Hon. Philian Louise C. Weygan-Allan, Member of the Committee, signified “Why not integrate?” (Item 6, 28 January 2013 Agenda)

8. Committee Report Nr. CR 0457-12

a. Letter dated 10 July 2012 of Atty. Janice C. Regoso, Counsel for the heirs of Cosen Piraso, appealing to the City Council to discuss the issues concerning the recall of Resolution No. 097, series of 2011 as regards O-CALT 129. b. Letter dated 15 May 2012 of Ms. Joan Gorio, land owner and representative of the heirs of Cosen Piraso and Josephine Molintas Abanag, regarding the following:

a. requesting that the order be recalled directing the City Assessor’s Office not to issue any Tax Declaration over the parcels of land covered by O-CALT-129 and O-CALT-130 in the names of any and all heirs of Cosen Piraso and Josephine Molintas Abanag as stated under the resolutory portion of City Council Resolution No. 097, series of 2011, for the grounds stated therein; and

b. informing that no action was done by the City Legal Officer relative to their claim. (NOTE: [a] City Council Resolution No. 097, s. 2011 directed the City Legal Office to file the necessary adverse claim and other appropriate legal remedies against Original Certificate of Title Numbers O-CALT-129 in the name of the heirs of Cosen Piraso, represented by Richard A. Acop and O-CALT-130 in the name of the heirs of Josephine Molintas Abanag, represented by Isaias M. Abanag and Marlon T. Pool. [b] The landowner – claimants’ position paper regarding the issue raised in relation to Section 78 of Republic Act No. 8371 otherwise known as the Indigenous Peoples Rights Act of 1997 were distributed to the Honorable Members during the 09 July 2012 Regular Session.) The Committee on Laws recommends to reconsider City Council Resolution No.

097, series of 2011 and ALLOW City Assessor Augustus E. Medina to issue the necessary Tax Declaration over the parcels of land covered by O-CALT No. 129 only, in the name of the heirs of Cosen Piraso and its derivative titles. (Item 7, 28 January 2013 Agenda)

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04 February 2013 Agenda Page 3

9. Committee Report Nr. CR 0472-12

a. Proposed Resolution Nr. PR 0175-10 of Hon. Joel A. Alangsab and Hon. Nicasio M. Aliping Jr. “Expressing full support and favorably endorsing the continued management and maintenance by the Benguet Electric Cooperative (BENECO) of the streetlights in the City of Baguio as supported by the barangay officials in the City of Baguio.”

b. 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 citizen’s 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. Committee Report Nr. CR 0483-12 a. Proposed Resolution Nr. PR 0136-12 of Hon. Isabelo B. Cosalan Jr. “Urgently requesting His Excellency, Benigno S. Aquino III, President of the Republic of the Philippines through Pacquito N. Ochoa, Executive Secretary to expand the coverage of Executive Order No. 23 dated February 1, 2011 ‘Declaring a moratorium on the cutting and harvesting of timber in the natural and residual forests and creating the anti-illegal logging task force’, to a total moratorium on tree cutting, harvesting or earthballing, particularly and specifically, in the City of Baguio, except for those trees that directly pose immediate and imminent danger to life and property.” b. Letter dated 09 July 2012 of Regional Executive Director Clarence L. Baguilat, Department of Environment and Natural Resources (DENR-CAR) to Hon. Vice Mayor Daniel T. Fariñas, submitting pertinent documents/list of tree cutting permits issued in Baguio City and pending applications undergoing review and processing.

(NOTE: Resolution No. 149, series of 2012 called for an investigation in aid of legislation on the alleged ongoing tree-cutting activities of applicants at the Department of Environment and Natural Resources (DENR) with pending requests for tree-cutting permits.) The Committee on Health and Sanitation, Ecology and Environmental Protection

recommends that the above be DISCUSSED EN BANC. (Item 9, 28 January 2013 Agenda)

11. Committee Report Nr. CR 0489-12

Proposed Resolution Nr. PR 0166-12 of Hon. Perlita L. Chan-Rondez “Supporting the successful operation of Block III, Baguio City Public Market, by improving its facilities, removing street vendors in its immediate perimeter areas and opening more stalls as temporary relocation for displaced street vendors”.

The Committee on Market, Trade and Commerce recommends APPROVAL of the above proposed resolution.

Hon. Peter C. Fianza, Member of the Committee, signified “with amendments to be proposed for incorporation.” (Item 10, 28 January 2013 Agenda)

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04 February 2013 Agenda Page 4

12. Committee Report Nr. CR 0533-12 SECOND READING AFTER PUBLICATION AND POSTING: Proposed Ordinance Nr. PO 0035-12 of Hon. Edison R. Bilog “Requiring all business establishments in the City of Baguio to install one (1) light bulb in front of their establishment to be lighted during nighttime.”

(NOTE: [a] FIRST READING – 04 June 2012 [b] Rule IV, Sec. 2A of the Internal Rules of Procedure states, “On second reading before publication of an ordinance, the ordinance shall be open for discussion, proposals and amendments to know whether or not the proposed ordinance will be approved before publication. Amendments may be allowed prior to publication.” [c] SECOND READING FOR PUBLICATION AND POSTING – 18 June 2012 - Published in the Sun Star issue of 26 June 2012 and was posted on the bulletin boards of City Hall, City

Public Market, City Library and the Health Services Office starting 20 June 2012. [d] The Notice of Public Hearing was published in the Sun Star issue of 27 August 2012.) 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. Committee Report Nr. CR 0541-12

a. Proposed Ordinance Nr. PO 008-12 of Hon. Nicasio M. Aliping Jr. “An ordinance amending Section 10 of Ordinance 61, series of 2008.”

(NOTE: [a] Ordinance Nr. 61, series of 2008 is the Clean Air Ordinance of the City of Baguio. [b] Section 10 of Ordinance Nr. 61, series of 2008 provides that all motor vehicle owners, operators and/or drivers found to be violating this ordinance shall be subject to the polluters fees, to be paid at the City Treasurer’s Office (CTO) [c] FIRST READING – 12 March 2012 [d] Rule IV, Sec. 2A of the Internal Rules of Procedure states, “On second reading before publication of an ordinance, the ordinance shall be open for discussion, proposals and amendments to know whether or not the proposed ordinance will be approved before publication. Amendments may be allowed prior to publication.”)

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. Committee Report Nr. CR 0549-12

SECOND READING AFTER PUBLICATION BY POSTING: Proposed Ordinance Nr. PO 0088-11 of Hon. Betty Lourdes F. Tabanda “Honoring the Centenarians of the City of Baguio.”

(NOTE: [a] FIRST READING – 26 September 2011 [b] Rule IV, Sec. 2A of the Internal Rules of Procedure states, “On second reading before publication of an ordinance, the ordinance shall be open for discussion, proposals and amendments to know whether or not the proposed ordinance will be approved before publication. Amendments may be allowed prior to publication.” [c] SECOND READING AND FOR PUBLICATION BY POSTING – 03 September 2012

- Posted in the bulletin boards of City Hall, City Public Market, Post Office, City Library and the Health Services Office starting 04 September 2012.)

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. Committee Report Nr. CR 0553-12

Letter dated 28 August 2012 of Prof. Federico A. Balanag, Chairman, BARP Multipurpose Cooperative to Hon. City Mayor Mauricio G. Domogan, forwarding their Resolution No. 61, series of 2012 entitled, “A resolution proposing to NEA to approve the addition of four (4) more members as independent directors to the present eleven (11) of the BENECO Board.”

In view of the letter dated September 24, 2012 of Mr. Gerardo P. Verzosa, General Manager, BENECO, the Committee Public Utilities, Traffic and Transportation Legislation recommends that the City Council shall hereby favorably indorse and adopt the said resolution and the same be forwarded to NEA.

Hon. Fred L. Bagbagen, Member of the Committee, signified “Observations of Mr. Verzosa are good but take exception to par. three of the letter of Mr. Verzosa as other issues I raised are valid and until now has not been satisfactorily answered.” (Item 15, 28 January 2013 Agenda)

16. Committee Report Nr. CR 0559-12

Proposed Resolution Nr. PR 0186-12 of Hon. Philian Louise C. Weygan-Allan “Requesting the Zoning Officer and the implementing bodies to comply with the requirement of zoning exemption and the Comprehensive Zoning Ordinance and refrain from deviations such as spot zoning or re-zoning.” The Committee on Urban Planning, Lands and Housing recommends APPROVAL of the above proposed resolution. (Item 16, 28 January 2013 Agenda)

17. Committee Report Nr. CR 0561-12

Undated letter of Mr. Rinie M. De Guzman, submitting documents for the award of Lot No. 83, Block No. 25 located at Res. Sec. “H”, Baguio Workingmen’s Village, Aurora Hill, Baguio City, containing an area of 102 square meters. With the hereto attached Barangay Resolution Nos. 23 and 31, series of 2011 and the 4th Indorsement dated 10 January 2011 from the Office of the City Planning and Development Coordinator, the Committee on Urban Planning, Lands and Housing recommends APPROVAL of the above request for award of Lot No. 83, Block No. 25 located at Res. Sec. “H”, Baguio Workingmen’s Village, Aurora Hill, Baguio City, containing an area of 102 square meters in favor of herein applicant and actual occupant, Rinie M. De Guzman. (Item 17, 28 January 2013 Agenda)

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18. Committee Report Nr. CR 0582-12 SECOND READING AFTER PUBLICATION AND POSTING: Proposed Ordinance Nr. PO 006-12 of Hon. Elmer O. Datuin “Mandating all hotels, inns, and other similar accommodation establishments in Baguio City to submit their respective tourism statistical data to the Office of the City Administrator-Special Events and Tourism Division, Baguio City.”

(NOTE: [a] Section 63 of Ordinance 61, series of 2009 requires resorts/hotels/apartels/tourist inns/pension houses/lodges to keep a registry, a record book or card or database of all guests/visitors seeking accommodations.

[b] FIRST READING – 20 February 2012 [c] Rule IV, Sec. 2A of the Internal Rules of Procedure states, “On second reading before publication of an ordinance, the ordinance shall be open for discussion, proposals and amendments to know whether or not the proposed ordinance will be approved before publication. Amendments may be allowed prior to publication.” [d] SECOND READING FOR PUBLICATION AND POSTING – 04 June 2012

- Published in the Baguio Reporter issue of 17 June 2012 and was posted on the bulletin boards of City Hall, City Public Market, Post Office, City Library and the Health Services Office starting 06 June 2012.)

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. Committee Report Nr. CR 0585-12

Proposed Resolution Nr. PR 0189-12 of Hon. Betty Lourdes F. Tabanda “Institutionalizing the conduct of an annual People’s Congress in the City of Baguio.”

The Committee on Social Services, Women and Urban Poor recommends APPROVAL of the above cited proposed resolution. (Item 19, 28 January 2013 Agenda)

20. Committee Report Nr. CR 0587-12

Proposed Resolution Nr. PR 0179-12 of Hon. Philian Louise C. Weygan-Allan “A resolution seeking HLURB review of the implementation of the zoning ordinance in relation to the construction of an eight story building in Session and other constructions in the City of Baguio.”

(NOTE: Ordinance No. 051, s. 2001 is the revised comprehensive zoning regulations for the City of Baguio and providing for the administration, enforcement and amendment thereof and for the repeal of all ordinances in conflict therewith.) The Committee on Urban Planning, Lands and Housing recommends approval of the

above proposed resolution. (Item 20, 28 January 2013 Agenda) 21. Committee Report Nr. CR 0593-12

Letter dated 22 September 2011 of Ms. Sonia P. Camdas-Evangelista to Hon. Isabelo B. Cosalan Jr., requesting compensation for the use of their property covered by TCT Nos. T-72968 and T-72969 with an area of 150 square meters as public road at Tam-awan, Pinsao Proper, Baguio City.

The above subject property is a parcel of land containing an area of 150 square meters covered by TCT No. 018-2012002313 in the name of Sonia Camdas-Evangelista. Prior to the segregation of the subject area, said lot is a portion of the titled property of Philip Camdas, et al., covered by Transfer Certificate of Title Nos. T-72968 and T-72969. This was pointed out in a Memorandum Report of Engr. Edward Magalgalit, Engineer II, City Engineering Office dated 06 September 2011 after the joint relocation survey conducted by the City Government, Philip Camdas, et al. and the adjacent lot owner, Alice Arviso, et al. Accordingly, the road was constructed without the consent of the property owners.

In view thereof, the Committee on Urban Planning, Lands and Housing recommends APPROVAL of the above request for compensation in the amount of One Thousand Three Hundred Thirty Five Pesos and 20/100 (P1,335.20) per square meter.

Likewise, TO AUTHORIZE the City Mayor to sign for and in behalf of the City Government the appropriate contract for the sale and transfer of the above road lot in favor of the city government.

Attached are the following for further information and guidance: 1. TCT No. 018-2012002313; 2. Approved plan of subject lot, Pcs-CAR-001693; 3. Appraisal Committee Narrative Report; and 4. Draft Deed of Absolute Sale of registered parcel of land. (Item 21, 28 January

2013 Agenda) 22. Committee Report Nr. CR 0610-12

a. Letter dated 03 September 2012 of Engr. Oscar V. Flores, City Government Department Head II, City Buildings and Architecture Office, Baguio City to Hon. Nicasio M. Aliping Jr., furnishing for information, reference and appropriate action a copy of their recommendations pertaining to the proposal of amending Baguio City Zoning Ordinance No. 51, series of 2001:

a. that the Zoning Office should comply with HLURB Board Resolution No. 878, s. 2011, explaining and reiterating that all amendments to CLUP and zoning ordinances of LGUs shall not be implemented unless said amendments are subjected to the same process in the approval of the CLUP and its implementing ordinance; and

b. to consider the passage of a City Council resolution relative thereto. (NOTE: a] The above matter is in reply to the letter dated 12 September 2012 of the City Secretary requesting Engr. Oscar V. Flores, City Government Department Head II, CBAO, to give their recommendations relative to the construction of a commercial building at Session Road, Baguio City. b] Ordinance No. 051, s. 2001 is the revised comprehensive zoning regulations for the City of Baguio and providing for the administration, enforcement and amendment thereof and for the repeal of all ordinances in conflict therewith.)

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.

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04 February 2013 Agenda Page 6

(NOTE: The above matter is related to the following: a] Letter dated 17 September 2012 of Engr. Oscar V. Flores, City Building Official, City Buildings and Architecture Office (CBAO) to Mr. Tony Ang, Representative, MPB Realty Corporation, informing among others that their office cannot act on their application for a building permit for the 7th and 8th floors of their building considering that the documentary requirement which they submitted does not conform to the clarification issued by Architect Emmanuel P. Cuntapay, Acting Executive Director, National Building Code Development Office (NBCDO), DPWH regarding the interpretation and application of the National Building Code provision on building height limits. This was received by the Office of the City Secretary on 18 September 2012 to be forwarded to the Committee on Urban Planning, Lands and Housing. b] Matters raised during the 03 September 2012 Regular Session relative to the construction of a commercial building along Session Road, Baguio City. This was returned to the Committee on Urban Planning, Lands and Housing for further study and consider all the suggestions and observations of the invited guests during the 03 September 2012 Regular Session.)

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. Committee Report Nr. CR 0612-12

1st Indorsement dated 18 October 2012 of the Office of Hon. City Mayor Mauricio G. Domogan, forwarding for information and appropriate action the Memorandum of Agreement entered into by and between Hon. Senator Francis G. Escudero herein referred as First Party, Hon. City Mayor Mauricio G. Domogan herein referred as the Second Party and the Baguio General Hospital represented by Dr. Manuel Factora, MD, Hospital Chief, herein referred as the Third Party regarding the Priority Development Assistance Fund of the First Party for medical assistance specially intended for indigent patients.

The Committee on Laws recommends confirmation of the above stated Memorandum of Agreement. (Item 23, 28 January 2013 Agenda)

24. Committee Report Nr. CR 0614-12

Proposed Resolution Nr. PR 0191-12 of Hon. Erdolfo V. Balajadia “Endorsing the Memorandum of Understanding between the City Government of Baguio, the Department of Education, Baguio City Division and the International Council for Local Environmental Initiative – Japan (ICLEI-JAPAN) to strengthen its mandate in promoting climate change.”

The Committee on Laws recommends approval of the above stated proposed resolution. (Item 24, 28 January 2013 Agenda)

25. Committee Report Nr. CR 0615-12

SECOND READING BEFORE PUBLICATION: Proposed Ordinance Nr. PO 0094-12 of Hon. Nicasio M. Aliping Jr. “Proposed amendment of the Terms of Reference of the Asin Mini Hydro Power Plant (Amending Title IV, Paragraph A, No. 5 of the Terms of Reference.)”

(NOTE: [a] Resolution 219, s. 2011 approved the Terms of Reference (TOR) and pro-forma contract for the privatization of Asin Mini Hydro Power Plants in accordance with Resolution Nos. 104, 374 and 378, all series of 2009, as recommended by the Sangguniang Panlungsod (City Council) Committee on Laws in its 2nd Indorsement dated 22 June 2011; [b] FIRST READING – 22 October 2012; and c] Rule IV, Sec. 2A of the Internal Rules of Procedure states, “On second reading before publication of an ordinance, the ordinance shall be open for discussion, proposals and amendments to know whether or not the proposed ordinance will be approved before publication. Amendments may be allowed prior to publication.”) The Committee on Laws recommends approval on SECOND READING BEFORE

PUBLICATION. (Item 25, 28 January 2013 Agenda)

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26. Committee Report Nr. CR 0624-12

Proposed Ordinance Nr. PO 0063-12 of Hon. Betty Lourdes F. Tabanda “Converting the City Treasury Cottage located at DPS Compound, Baguio City to a multipurpose building, including a city guest/lodging house.”

(NOTE: [a] FIRST READING – 30 July 2012; and [b] Rule IV, Sec. 2A of the Internal Rules of Procedure states, “On second reading before publication of an ordinance, the ordinance shall be open for discussion, proposals and amendments to know whether or not the proposed ordinance will be approved before publication. Amendments may be allowed prior to publication.”) The Committee on Public Works recommends APPROVAL of the attached Proposed

Ordinance Nr. PO 0063-12 of Hon. Betty Lourdes F. Tabanda “Converting the City Treasury Cottage located at DPS Compound, Baguio City to a multipurpose building, including a city guest/lodging house”, on SECOND READING dispensing with the succeeding readings. (Item 26, 28 January 2013 Agenda)

27. Committee Report Nr. CR 0626-12

Proposed Resolution Nr. SOFAD 11-12 of Hon. Scout Councilor Carlos A. Escaler “Making a policy of the City Government for business establishments in the City of Baguio to have an employment age basis of 18 years and above as long as the applicants meet the qualifications provided by these business establishments.”

The Committee on Market, Trade and Commerce recommends APPROVAL of the above proposed SOFAD resolution and for the committee to adopt the same.

Hon. Peter C. Fianza, Member of the Committee signified, “Anti-age discrimination in employment, as a policy, is the subject of HB 2591 (Anti-age Discrimination Act of 2010) and SB 2652 (Anti-age Discrimination in Employment Act of 2011) both pending in Congress. Perhaps, the resolution be modified or directed to supporting enactment of the bills.” (Item 27, 28 January 2013 Agenda)

28. Committee Report Nr. CR 0627-12

Proposed Resolution Nr. SOFAD 22-12 of Hon. Scout Councilor Franklin Jan L. Wayang “Urging all local business establishments to impose payment on every plastic bag to be used by their customers and provide discount to customers who bring their own reusable bags.”

The Committee on Market, Trade and Commerce recommends APPROVAL of the above proposed SOFAD resolution and for the committee to adopt the same.

Hon. Peter C. Fianza, Member of the Committee signified, “The proposed strategy to discourage the use of plastic contradicts and thus amends the ordinance prohibiting the use of plastic. Suggest discussion.” (Item 28, 28 January 2013 Agenda)

29. Committee Report Nr. CR 0628-12

Letter dated 04 October 2012 of Ms. Lourdes S. Santos, regarding Stall No. 75, Fish Extension, City Market, Baguio City.

(NOTE: The above matter is related to the following: [a] Letter dated 18 September 2012 of the heirs of Agustina Dizon represented by Ms. Remedios Dizon-Castillo, praying that a resolution be rendered granting their appeal for the declaration as null and void the award of Stall No. 13, Entrails Section, Baguio City Market to the winning bidder and ordering the lease rights be reverted back to them. [b] Letter dated 02 July 2012 of Ms. Remedios Castillo, requesting action on her appeal for the awarding of Stall 13, Entrails Section, Baguio City Public Market . This was forwarded to the Committee on Market, Trade and Commerce on 04 July 2012. [c] Letter dated 29 May 2012 of Ms. Corazon S. Gonzales, Atty-In-Fact/daughter of Ms. Teresita Santos-Gonzales, following up their appeal that the lease right over Stall No. 74, Fish Extension Section, City Market be reverted back to her mother. This was forwarded to the Committee on Market, Trade and Commerce on 30 May 2012. [d] Letter dated 12 April 2012 of Ms. Remedios Dizon Castillo and Ms. Corazon Gonzales, reiterating their letter dated May 24, 2011 regarding their appeal for the awarding of different stalls at Fish and Entrails Sections, Baguio Public Market. This was forwarded to the Committee on Market, Trade and Commerce on 16 April 2012. [e] Letter dated 11 April 2012 of Ms. Remedios Dizon Castillo and Ms. Corazon Gonzales requesting clarification regarding the 3rd Indorsement dated 08 June 2011 of the Sangguniang Panlungsod ng Baguio forwarding to the Baguio City Market Authority (BCMA) for comment the following:

a. Letter dated 24 May 2011 of Ms. Lourdes Santos to Mr. Policarpio Tamayo, Baguio City Market Authority: 1. appealing reconsideration on the implementation of Resolution 001-09 of the Baguio City

Market Authority [cancellation of lease contract of Lourdes Santos for stall numbered 75 Fish Extension]; and

2. praying that the award of Stall No. 75, Fish Extension, City Market, Baguio City be declared null and void and the lease rights be reverted back to her.

b. Letter dated 24 May 2011 of Ms. Corazon S. Gonzales, Atty-in-Fact of Teresita Santos Baltazar to Mr. Policarpio Tamayo, Baguio City Market Authority: 1. appealing reconsideration for the awarding of Stall 74, Fish Extension Section, Baguio City

Public Market; and 2. praying that the awarding of said stall be declared null and void and the lease rights be

reverted back to the complainant. c. Letter dated 24 May 2011 of Ms. Remedios Castillo, representative of the heirs of Agustina Dizon

to Mr. Policarpio Tamayo, Baguio City Market Authority: 1. appealing reconsideration for the awarding of Stall 13, Entrails Section, Baguio City Public

Market; and 2. praying that the awarding of said stall be declared null and void and the lease rights be

reverted back to the complainant.) The Committee on Market, Trade and Commerce recommends to adopt the

recommendations of Hon. Mauricio G. Domogan, Chairperson of the Baguio City Market Authority (BCMA) as contained in his letter dated November 9, 2012 denying all the herein letter requests for reconsideration. The committee further recommends to UPHOLD the validity of the award of the subject stalls at the City Market, Baguio to the respective winning bidders and the latter’s right to peacefully occupy the same. (Item 29, 28 January 2013 Agenda)

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30. Committee Report Nr. CR 0631-12

Memorandum dated 22 August 2012 of Engr. Rodrigo Samuel R. Martinez, Engineer II, noted by Engr. Constancio G. Imson Jr., Engineer IV, to Engr. Leo C. Bernardez Jr., City Engineer, requesting for the change of 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”.

In the list dated January 20, 2012 of calamity projects brought about by typhoon “Pepeng” in different barangays in the City of Baguio and submitted to then City Mayor Reinaldo A. Bautista Jr., project numbered 28 is indicated as follows:

28 Rehabilitation of dilapidated road, Rimando Road North Central Aurora 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 Engineer’s 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 Engineer’s 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. Committee Report Nr. CR 0633-12

Proposed Resolution Nr. PR 0162-12 of Hon. Joel A. Alangsab “Requesting the Department of Health, the Health Services Office through the barangay volunteers, to come up with an information dissemination campaign on the common causes and prevention of kidney diseases, or other means to educate the constituents regarding the said subject, and enjoining the assistance and cooperation of the barangay volunteers such as the Barangay Health Workers, Barangay Nutrition Action Officers and the Barangay Nutrition Scholars to assist in this program”.

The Committee on Health and Sanitation, Ecology and Environmental Protection recommends APPROVAL of the proposed resolution. (Item 31, 28 January 2013 Agenda)

32. Committee Report Nr. CR 0635-12

Proposed Resolution Nr. PR 0184-12 of Hon. Elmer O. Datuin, “Resolution to request the inventor of Black Hole Technology to present the Black Hole Technology in Baguio City for possible purchase and inclusion in the long term Solid Waste disposal technology”.

The Committee on Health and Sanitation, Ecology and Environmental Protection recommends APPROVAL of the proposed resolution. It is further recommended that said technology shall be presented to the General Services Officer and thereafter submit his comments and recommendations to the City Council for further action. (Item 32, 28 January 2013 Agenda)

33. Committee Report Nr. CR 0645-12

Proposed Resolution Nr. PR 0200-12 of Hon. Karminn Cheryl Daytec Yañgot “Urging all barangays and schools in the City of Baguio to install anti-bullying corners in barangay halls and school bulletin boards.”

The Committee on Human Rights, Justice, Public Protection and Safety, Peace and Order recommends APPROVAL of the said proposed resolution.

In order to give more teeth to it, converting the same to an ordinance is likewise recommended. (Item 33, 28 January 2013 Agenda)

34. Committee Report Nr. CR 0646-12

Letter dated 14 July 2010 of Ms. Erma Cruz Tamayao to Hon. Isabelo B. Cosalan Jr., submitting documents for the transfer of rights over Lots 29 and 30, Block 38, GSS-529, Res. Sec. “H”, Baguio Workingmen’s Village, Aurora Hill, Baguio City, containing an area of 315 sq. m., in favor of the heirs of Baltazar Cruz.

(NOTE: a] Resolution Numbered 205-70 of the City Council awarded to Mr. Baltazar Cruz Lot 21, Block 38, Baguio Workingmen’s Village, Aurora Hill, Baguio City; and b] Attached to the above letter is a certification dated 14 July 2010 issued by DENR-CAR certifying that a parcel of land containing an area of 315 sq. meters, more or less at Res. Sec. “H”, Baguio City covered by the sketch plan surveyed for Baltazar Cruz as surveyed by Geodetic Engr. Romeo Jes Jorge as reflected at the sketch plan when verified and plotted on the projection map. The lot plan is identical to MS application of Baltazar Cuz under Lot 29 & 30, Block 38, GSS-529. Certificate of non-delinquency is over Lot 21, Block 38.) On verification of documents submitted, the above subject lot identified as Lots 29 and 30

(portion) Block 38, GSS-529, Res. Sec. “H”, Baguio Workingmen’s 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 Workingmen’s 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)

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35. Committee Report Nr. CR 0649-12 SECOND READING AFTER PUBLICATION BY POSTING: Proposed Ordinance Nr. PO 0026-12 of Hon. Betty Lourdes F. Tabanda “Establishing the Public Utilities Monitoring Program for government offices/buildings and providing incentives for the efficient use and reduction in the consumption of water and electricity.”

(NOTE: [a] FIRST READING - 07 May 2012 [b] Rule IV, Sec. 2A of the Internal Rules of Procedure states “On second reading before publication of an ordinance, the ordinance shall be open for discussion, proposals and amendments to know whether or not the proposed ordinance will be approved before publication. Amendments may be allowed prior to publication.” [c] SECOND READING FOR PUBLICATION BY POSTING – 25 June 2012

- Posted on the bulletin boards of City Hall, City Public Market, Post Office, City Library and the Health Services Office starting 26 June 2012.) The Committee on Public Utilities, Traffic and Transportation Legislation recommends

APPROVAL of the proposed ordinance on SECOND READING AFTER PUBLICATION BY POSTING. Hon. Joel A. Alangsab, Member of the Committee, signified “Suggest to conduct public

hearing.” (Item 35, 28 January 2013 Agenda) 36. Committee Report Nr. CR 0656-12

Deed of Donation entered into by and between the Home Guaranty Corporation, formerly Home Insurance and Guaranty Corporation, represented by its President, Atty. Manuel R. Sanchez herein referred to as the donor and City Government of Baguio, represented by City Mayor Mauricio G. Domogan, hereinafter referred to as the donee, regarding the donation of road lots and open spaces at Pinesville Subdivision Phase I covered by 38 Transfer Certificates of Titles.

(NOTE: Resolution No. 180, s. 2009 requested the Home Guaranty Corporation (HGC) to donate to the City Government of Baguio the parks and playgrounds, reservation area and community facilities sites, including all other open spaces for public purpose within the Pinesville Subdivision at Kias and PMA-Fort Del Pilar Barangays, Baguio City.) The Committee on Laws recommends confirmation of the above stated Deed of Donation.

(Item 36, 28 January 2013 Agenda) 37. Committee Report Nr. CR 0662-12

Letter dated 11 June 2012 of Ms. Ma. Josefina M. Dela Cruz, Postmaster General and CEO, Philippine Postal Corporation to Hon. Isabelo B. Cosalan Jr., requesting modification of the recommendation to exclude Lot 9-C and Lot 9-F among the portions of Lot 9 that will be ceded/ transferred to the city government in exchange with the portion occupied by the Postal Bank.

(NOTE: The above matter is related to the letter dated 26 October 2011 of Mr. Tomas T. Baggay, CESO III, Regional Director and Atty. Joselito B. Gonzales, Legal Officer V, Philippine Postal Corporation to Hon. Isabelo B. Cosalan Jr., requesting the City of Baguio to withdraw any opposition on their request for an amendment of the approved survey plan of TCT 251 in the name of the Republic of the Philippines represented by the Philippine Postal Corporation as its administrator. This was returned to Mr. Tomas T. Baggay, CESO III, Regional Director, and Atty. Joselito B. Gonzales, Legal Officer V, Philippine Postal Corporation on 24 February 2012 with the recommendations of the Committee on Urban Planning, Lands and Housing acted upon during the 20 February 2012 Regular Session of the Sangguniang Panlungsod.) The Committee on Urban Planning, Lands and Housing recommends that the above

matter BE DISCUSSED EN BANC. (Item 37, 28 January 2013 Agenda) 38. Committee Report Nr. CR 0678-12

Letter dated 02 November 2010 of Ms. Concepcion A. Marzan, submitting documents for the transfer of rights over Lot 16, Block 26, Res. Section “H”, Baguio Workingmen’s Village, Aurora Hill, Baguio City, in her favor. The Committee on Urban Planning, Lands and Housing recommends that the award of Lot 16, Block 26, Baguio Workingmen’s Village, East Bayan Park Village in favor of Pacifico C. Marzan be cancelled and the same BE AWARDED to actual occupant and applicant, CONCEPCION A. MARZAN subject to Final Survey and that of the provisions of Ordinance No. 65, series of 1948 as amended. Attached hereto is the Affidavit of Waiver, dated August 31, 2012 executed by the heirs of Pacifico C. Marzan for further information and guidance. (Item 38, 28 January 2013 Agenda)

39. Committee Report Nr. CR 0679-12

Affidavit-complaint dated 07 August 2012 filed by Ms. Lourdes P. Supsupin, Affiant against Punong Barangay Remedios D. Laigo, Dominican-Mirador Barangay.

(NOTE: The above case is docketed as Barangay Adm. Case No. 10- 2012 [D1].) 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. Committee Report Nr. CR 0691-12 Proposed Resolution Nr. PR 0211-12 of Hon. Nicasio M. Aliping Jr. “Authorizing the Honorable City

Mayor Mauricio G. Domogan to apply for Certificate of Compliance with the Energy Regulatory Commission.”

The Committee on Public Utilities, Transportation and Traffic Legislation recommends APPROVAL of the proposed resolution. (Item 40, 28 January 2013 Agenda)

41. Committee Report Nr. CR 0695-12

Proposed Resolution Nr. PR 0215-12 of Hon. Isabelo B. Cosalan Jr. “Urgently requesting the City Planning and Development Office, Baguio City to prepare a Comprehensive Land Use Plan for that 1,385,533 square meter parcel of land identified for the city’s multipurpose land use located at Camp 7, Bakakeng and Sto. Tomas Barangays, Baguio City.”

The Committee on Urban Planning, Lands and Housing recommends APPROVAL of the above proposed resolution. (Item 41, 28 January 2013 Agenda)

42. Committee Report Nr. CR 0698-12

1st Indorsement dated 28 November 2012 of Mr. Romeo D. Concio, City General Services Officer, forwarding for speedy resolution and approval the letter dated 28 November 2012 of Mr. Mark Anthony O. Camilo, Manager, M.A. Camilo Freight Services, Irisan, Baguio City, appealing for payment of garbage hauling services rendered to the city from January 27, 2012 to November 20, 2012 in the amount of P30,231,294.00.

The Committee on Ways and Means and Finance, Cluster A, recommends DISUSSION EN BANC of the above mentioned letter. (Item 42, 28 January 2013 Agenda)

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43. Committee Report Nr. CR 0702-12 Proposed Resolution Nr. PR 0216-12 of Hon. Betty Lourdes F. Tabanda “Requesting the Philippine Charity Sweepstakes Office (PCSO) to provide the City Government of Baguio with the list, location and operators of all lotto outlets in Baguio City.”

The Committee on Social Services, Women and Urban Poor recommends APPROVAL of the above proposed resolution. (Item 43, 28 January 2013 Agenda)

44. Committee Report Nr. CR 0705-12

SECOND READING BEFORE PUBLICATION AND POSTING: Proposed Ordinance Nr. PO 0109-12 of Hon. Edison R. Bilog “Regulating the use of plastic bags and instituting an environmental fee for its use, providing mechanism of its recovery and recycling and providing penalties for violation thereof and repealing Ordinance 27-2007.”

(NOTE: a] FIRST READING – 26 November 2012; and b] Rule IV, Sec. 2A of the Internal Rules of Procedure states, “On second reading before publication of an ordinance, the ordinance shall be open for discussion, proposals and amendments to know whether or not the proposed ordinance will be approved before publication. Amendments may be allowed prior to publication.”) The Committee on Laws recommends APPROVAL on SECOND READING BEFORE

PUBLICATION and POSTING of the above stated proposed ordinance. Hon. Elmer O. Datuin, Member of the Committee, signified “for discussion en banc.” (Item

44, 28 January 2013 Agenda) 45. 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. Committee Report Nr. CR 0720-12

Letter dated 11 March 2011 of Ms. Patricia Lansangan Ariaga, heirs of Severo Lansangan and Jose Lansangan, requesting transfer of rights over Lot No. 10, Block 13, Baguio Workingmen’s Village, Aurora Hill Barangay, in their favor.

The Committee on Urban Planning, Lands and Housing recommends that the award of Lot 10, Block 3, Baguio Workingmen’s Village, San Antonio Village Barangay in favor of Jose Lansangan be cancelled and the same BE AWARDED to the heirs of Jose Lansangan and actual occupants namely: Patricia Lansangan Ariaga, the heirs of Severo Lansangan and the heirs of Isidro Lansangan subject to Final Survey and that of the provisions of Ordinance No. 65, series of 1948 as amended.

Attached hereto is a copy of ARP No. 2012-02-009-127716 in the names of the above transferees and the 3rd Indorsement dated 16 January 2012 from the Office of the City Planning and Development Coordinator, Baguio City, for further information and guidance. (Item 46, 28 January 2013 Agenda)

47. Committee Report Nr. CR 0001-13

Proposed Resolution Nr. PR 0222-12 of Hon. Isabelo B. Cosalan Jr. “Requesting the Department of Environment and Natural Resources - Cordillera Administrative Region (DENR-CAR) and the H.O. Noveloso Surveying Office to clarify the basis of the segregation of a portion of the Camp John Hay Reservation from the coverage or jurisdiction of any barangay of the City of Baguio as reflected in the political boundary index map of Baguio Cadastral Survey CAD 1216-D prepared by Engr. Hipolito O. Noveloso and to institute the necessary correction thereof to reveal the factual political boundary of each barangay of Baguio City.” The Committee on Urban Planning, Lands and Housing recommends APPROVAL of the above proposed resolution. (Item 47, 28 January 2013 Agenda)

48. Committee Report Nr. CR 0003-13

Proposed Resolution Nr. PR 0226-12 of Hon. Isabelo B. Cosalan Jr. “Asking the Department of Environment and Natural Resources - Cordillera Administrative Region (DENR-CAR) for a report on the TS CAR-Baguio City for Final Lot Survey and Adjustment of Old Surveys project conducted by Engineers Jose E. Fernandez and Philip P. Piluden.”

The Committee on Urban Planning, Lands and Housing recommends APPROVAL of the above proposed resolution, with the amendment to include the modules conducted by Engr. Jo Raymund Fernandez. (Item 48, 28 January 2013 Agenda)

49. Committee Report Nr. CR 0011-13

Letter dated 29 November 2012 of Ms. Alicia L. Onoza to Hon. Vice Mayor Daniel T. Fariñas, requesting approval the change/transfer of depository bank of current account for the Internal Revenue Allotment (IRA) of the City per Local Budget Circular No. 77 dated December 2, 2003 of the Department of Budget and Management (DBM) to Land Bank of the Philippines, Naguilian Account No. 3552-1003-60 for easy monitoring.

The Committee on Ways and Means and Finance, Cluster A, recommends APPROVAL of the foregoing request. (Item 49, 28 January 2013 Agenda)

50. Committee Report Nr. CR 0016-13

Memorandum of Agreement dated 11 December 2012 entered into by and between the City Government of Baguio represented by Hon. Mauricio G. Domogan, City Mayor, and Ms. Maria Rhodora Flores, owner of N4th Enterprises, regarding the waste materials of the city to be brought into the Engineered Sanitary Landfill of Urdaneta City for a minimum of 150 tons per day using the privilege and authority of Ms. Flores on her agreement with the City of Urdaneta.

The Committee on Laws recommends confirmation of the above stated Memorandum of Agreement.

Hon. Richard A. Cariño, Chairman of the Committee, signified “Subject to clarifications on why the city cannot deal directly with the LGU of Urdaneta City.” (Item 50, 28 January 2013 Agenda)

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51. Committee Report Nr. CR 0017-13

a. Letter dated 14 February 2011 of Ms. Celina B. Claver, Regional Director, Department of Transportation and Communications - Cordillera Administrative Region (DOTC-CAR) to Hon. Nicasio M. Aliping Jr., endorsing the request of Abatan Buguias La Trinidad Van Operators and Drivers Association, Inc. (ABLTBVODA) requesting exemption from the moratorium to enable them to unload their passengers along Magsaysay Avenue, Baguio City. b. Letter dated 10 February 2011 of Mr. Gilbert Camsol, et al., Abatan Buguias La Trinidad Baguio Van Operators and Drivers Association, Inc. (ABLTBVODA), requesting consideration by allowing them to unload passengers at Magsaysay Avenue in front of Leisure Lodge drive way. The Committee on Public Utilities, Traffic and Transportation Legislation recommends that a Route Measured Capacity (RMC) should be conducted first by the Department of Transportation and Communications (DOTC) and to include Baguio City before further action be made by the City Council. Hon. Fred L. Bagbagen, Member of the Committee, signified “for discussion”. (Item 51, 28 January 2013 Agenda)

52. Committee Report Nr. CR 0018-13

Letter dated 13 December 2012 of Ms. Lilia B. De Lima, Director General, Philippine Economic Zone Authority to Hon. Vice Mayor Daniel T. Fariñas, requesting a certification that the Sangguniang Panlungsod of Baguio has been consulted and is endorsing Pacific Land and Building Corporation’s (PLBC) application for the issuance of the required Presidential Proclamation. Attached for consideration is the standard format for Certification of Concurrence.

(NOTE: Resolution No. 228, series of 2012 favorably endorsed to the Philippine Economic Zone Authority (PEZA) the application of Abanao Square as an IT Center, subject to conditions as per 3rd Indorsement dated 01 June 2012 of the Sangguniang Panlungsod (City Council) Committee on Public Utilities, Traffic and Transportation Legislation.) The Committee on Public Utilities, Traffic and Transportation Legislation recommends

that the said matter be approved and the corresponding Certification of Concurrence be issued. Hon. Fred L. Bagbagen, Member of the Committee, signified “for discussion. Must not contravene

jurisdictional authority of the city to issue building permits and zoning clearances.” (Item 52, 28 January 2013 Agenda)

53. Committee Report Nr. CR 0023-13

SECOND READING AFTER PUBLICATION BY POSTING: Proposed Ordinance Nr. PO 0100-12 of Hon. Isabelo B. Cosalan Jr. “Creating an Indigenous Peoples Affairs Unit under the organizational structure of the City Planning and Development Office of the Baguio City Government organizational structure and appropriating funds therefor.”

(NOTE: [a] FIRST READING – 12 November 2012 [b] Rule IV, Sec. 2A of the Internal Rules of Procedure states, “On second reading before publication of an ordinance, the ordinance shall be open for discussion, proposals and amendments to know whether or not the proposed ordinance will be approved before publication. Amendments may be allowed prior to publication.” [c] SECOND READING FOR PUBLICATION - 17 December 2012

- Posted on the bulletin boards of City Hall, City Public Market, City Library, Post Office and Health Services Office starting 18 December 2012.)

The Committee on Ethics, Governmental Affairs and Personnel recommends APPROVAL on SECOND READING AFTER PUBLICATION of the above proposed ordinance of Hon. Isabelo B. Cosalan Jr. on the creation of an Indigenous Peoples Affairs Unit under the organizational structure of the City Planning and Development Office of the Baguio City Government’s organizational structure and to appropriate funds therefor, with the condition that it will comply with all the requirements set forth by the Civil Service Commission. (Item 53, 28 January 2013 Agenda)

54. Committee Report Nr. CR 0027-13 SECOND READING AFTER PUBLICATION BY POSTING:

Proposed Ordinance Nr. PO 0106-12 of Hon. Vice Mayor Daniel T. Fariñas, Hon. Betty Lourdes F. Tabanda and Hon. Fred L. Bagbagen “Appropriating the amount of Three Hundred Thousand Pesos (P300,000.00) for the initial printing of a book on the outstanding citizens.”

(NOTE: a] FIRST READING – 19 November 2012 b] Rule IV, Sec. 2A of the Internal Rules of Procedure states, “On second reading before publication of an ordinance, the ordinance shall be open for discussion, proposals and amendments to know whether or not the proposed ordinance will be approved before publication. Amendments may be allowed prior to publication.” c] SECOND READING FOR PUBLICATION - 10 December 2012

- Posted on the bulletin boards of City Hall, City Public Market, City Library, Post Office and Health Services Office starting 11 December 2012.)

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. Committee Report Nr. CR 0028-13

1st Indorsement dated 03 December 2012 of the Office of Hon. City Mayor Mauricio G. Domogan, forwarding for information and appropriate action the letter dated 03 December 2012 of the Local Finance Committee, certifying that the amount of P100,00000 for the “Balik Baguio and Foreign Visitors Christmas Activities” be taken from the reversion of prior years unused obligations in the Office of the Mayor and re-appropriating the same for said activities.

In view of the foregoing certification, the Committee on Ways and Means and Finance, Cluster A, recommends APPROVAL of the ordinance necessary for the conduct of “Balik Baguio and Foreign Visitors Christmas Activities” as part of the activities of the Christmas in Baguio 2012, on First Reading dispensing with the Second and Final Readings in accordance with the Local Government Code.

Hon. Betty Lourdes F. Tabanda, Member of the Committee, signified “can this fund be used for 2013?” (Item 55, 28 January 2013 Agenda)

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56. Committee Report Nr. CR 0032-13 SECOND READING FOR PUBLICATION BY POSTING: Proposed Ordinance Nr. PO 0114-12 of Hon. Joel A. Alangsab “Institutionalizing the ‘Gulayan sa Barangay’ project and appropriating funds therefor.”

(NOTE: a] FIRST READING – 03 December 2012 b] Rule IV, Sec. 2A of the Internal Rules of Procedure states, “On second reading before publication of an ordinance, the ordinance shall be open for discussion, proposals and amendments to know whether or not the proposed ordinance will be approved before publication. Amendments may be allowed prior to publication.” The Committee on Barangay Affairs recommends for the APPROVAL on SECOND

READING FOR POSTING. (Item 56, 28 January 2013 Agenda) 57. Committee Report Nr. CR 0034-13

SECOND READING AFTER PUBLICATION AND POSTING: Proposed Amendatory Ordinance Nr. PO 0111-12 of Hon. Vice Mayor Daniel T. Fariñas, Hon. Nicasio M. Aliping Jr., Hon. Betty Lourdes F. Tabanda, Hon. Isabelo B. Cosalan Jr., Hon. Elmer O. Datuin, Hon. Peter C. Fianza, Hon. Edison R. Bilog, Hon. Richard A. Cariño, Hon. Perlita L. Chan-Rondez, Hon. Fred L. Bagbagen, Hon. Erdolfo V. Balajadia, Hon. Philian Louise C. Weygan-Allan, Hon. Nicasio S. Palaganas and Hon. Joel A. Alangsab “Amending Section 1 of Tax Ordinance Numbered 2003-02 entitled, ‘Prescribing permit fees for excavation of public and private roads, amending for the purpose Ordinance Numbered 36-88’.”

(NOTE: a] FIRST READING – 03 December 2012 b] Rule IV, Sec. 2A of the Internal Rules of Procedure states, “On second reading before publication of an ordinance, the ordinance shall be open for discussion, proposals and amendments to know whether or not the proposed ordinance will be approved before publication. Amendments may be allowed prior to publication.” c] Sections 186 and 187 of the Local Government Code provide that ordinance levying taxes, fees or charges shall not be enacted without any prior public hearing conducted for the purpose. d] SECOND READING FOR PUBLICATON AND POSTING – 17 December 2012 - Published in the Sunstar Baguio, issue of 29 and 30 December 2012 and was posted

on the bulletin boards of City Hall, City Public Market, Post Office, City Library and the Health Services Office starting 18 December 2012.)

The Committee on Laws recommends approval on SECOND READING AFTER PUBLICATION and POSTING of the above stated proposed ordinance. (Item 57, 28 January 2013 Agenda)

58. Committee Report Nr. CR 0037-13

SECOND READING FOR PUBLICATION Proposed Ordinance Nr. PO 0115-12 of Hon. Edison R. Bilog, Hon. Erdolfo V. Balajadia and Hon. Nicasio S. Palaganas “Implementing forced evacuation plan as a resort when disaster or emergency has been declared in the City of Baguio and danger of lives becomes imminent, providing penalties thereof and for other purposes.”

(NOTE: [a] The letter dated 03 October 2012 of Ms. Evelyn B. Trinidad, CESO V, City Director, DILG Baguio City Field Office, CAR to Hon. City Mayor Mauricio G. Domogan, transmitting for information and appropriate action the unnumbered Memorandum dated 20 September 2012 issued by Undersecretary Austere A. Panadero, DILG, re: “Dissemination to all LGUs of template ordinance relative to the implementation of forced evacuation for public safety during man-made and natural disasters”. This was forwarded to the Committee on Human Rights, Justice, Public Protection and Safety, Peace and Order on 17 October 2012. [b] FIRST READING – 10 December 2012 [c] Rule IV, Sec. 2A of the Internal Rules of Procedure states, “On second reading before publication of an ordinance, the ordinance shall be open for discussion, proposals and amendments to know whether or not the proposed ordinance will be approved before publication. Amendments may be allowed prior to publication.”) 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. Committee Report Nr. CR 0040-13

2nd Indorsement dated 26 December 2012 of the Local Finance Committee, informing among others that there is no legal basis for the grant at this time relative to the manifestation of Hon. Betty Lourdes F. Tabanda for the City Budget Officer to study the possibility of granting housing allowance and subsidy to city employees.

(NOTE: The said manifestation of Hon. Betty Lourdes F. Tabanda was forwarded to the Committee on Ethics, Governmental Affairs and Personnel on 11 April 2012.)

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. Committee Report Nr. CR 0045-13

Resolution No. 100, series of 2009, of Irisan Barangay entitled, “A resolution requesting the Honorable City Council to recommend to the LTFRB/DOTC the issuance of franchise to PUJ applicants on our unserved routes in Barangay Irisan.”

The Committee on Public Utilities, Transportation and Traffic Legislation recommends favorable endorsement to the DOTC for the conduct of Route Measured Capacity on the following unserved routes of Irisan:

1. Baguio Plaza – Purok 12, Irisan and vice versa; 2. Baguio Plaza – Tamagan, Irisan and vice versa; 3. Baguio Plaza – La Chesa, Irisan and vice versa; and 4. Baguio Plaza – Ambayao, Irisan and vice versa. Thereafter, requesting the DOTC to furnish the City Council the result of the RMC for

further City Council action. (Item 60, 28 January 2013 Agenda)

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61. Committee Report Nr. CR 0046-13 Letter dated 10 December 2012 of Punong Barangay Ignacio Genesis L. Gallente, of Middle Quirino Hill Barangay, submitting their Ordinance No. 003, series of 2012 entitled, “An ordinance on backyard gardening.”

The Committee on Laws recommends to return the above stated barangay ordinance without City Council approval, considering that the Sangguniang Barangay has no power or authority to regulate the use of private property.

Backyard gardening should not be mandatory and non-compliance must not be penalized.

The committee suggests that the Sangguniang Barangay amend the said ordinance particularly Section 1 and the penal clause, and make it a voluntary activity for the whole year for those interested in joining the contest. (Item 61, 28 January 2013 Agenda)

62. Committee Report Nr. CR 0047-13 Proposed Ordinance Nr. PO 001-13 of Hon. Fred L. Bagbagen “An ordinance changing the Standing Committee title from ‘Committee on Employment, Livelihood and Cooperatives, Handicapped and Differently-Abled Persons’ to ‘Committee on Employment, Livelihood, Cooperatives and Persons with Disabilities (PWD)’.”

(NOTE: a] FIRST READING – 14 January 2013 b] Rule IV, Sec. 2A of the Internal Rules of Procedure states, “On second reading before publication of an ordinance, the ordinance shall be open for discussion, proposals and amendments to know whether or not the proposed ordinance will be approved before publication. Amendments may be allowed prior to publication.”) 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 Report Nr. CR 0048-13

Proposed Resolution Nr. PR 004-13 of Hon. Joel A. Alangsab “Inquiring from the Department of Interior and Local Government (DILG), the Government Insurance System (GSIS), and the Department of Budget and Management (DBM) on the status of the implementation of Republic Act 6942, otherwise known as ‘An act increasing the insurance benefits of local government officials and providing funds therefor’.”

The Committee on Barangay Affairs recommends for the APPROVAL of the said proposed resolution. (Item 63, 28 January 2013 Agenda)

COMMITTEE REPORTS:

64. Committee Report Nr. CR 0063-13 Proposed Resolution Nr PR 005-13 of Hon. Philian Louise Weygan-Allan “Allocating the amount of P41,000.00 for the prizes of Little Mr. and Ms. Panagbenga from the 2013 Panagbenga fund.” The Committee on Tourism, Special Events, Park and Playgrounds recommends that the above proposed resolution be approved.

Hon. Perlita L. Chan-Rondez, Member of the Committee, signified “Should this not be an appropriations ordinance?”

65. Committee Report Nr. CR 0064-13

Letter dated 14 January 2013 of Ms. Emma Ruth Gregorio, Deejay Creative Media Works and Consultancy, informing that Mr. Froilan G. Caranto is the beneficiary of the concert “Beatlemania is Back”. Mr. Caranto was diagnosed with Chronic Kidney disease and needs a dialysis for twice a week at the Baguio Pines Doctors Hospital.

(NOTE: The above matter is in compliance to the condition of the City Council in the approval of the letter dated 10 January 2013 of Ms. Emma Ruth Gregorio, Deejay Creative Media Works and Consultancy, requesting exemption from the 30% amusement tax for the event “Beatlemania is Coming Back to the Philippines! The Apple Band” on 20 January 2013 at the University of the Cordilleras theater with special participation of Nyoy Volante. This was approved during the 14 January 2013 Regular Session of the Sangguniang Panlungsod.) The Committee on Tourism, Special Events, Park and Playgrounds

recommends that the above letter be NOTED. 66. Committee Report Nr. CR 0066-13

Letter dated 08 February 2012 of Dr. Ricardo P. Pama, President, University of the Cordilleras to Hon. City Mayor Mauricio G. Domogan, seeking approval for the temporary closure of Governor Pack Road and traffic rerouting to speed up their earthmoving activities regarding the ongoing construction of a university building. The Committee on Public Utilities, Transportation and Traffic Legislation recommends that the above matter be noted.

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67. Committee Report Nr. CR 0067-13 SECOND READING FOR PUBLICATION AND POSTING:

Proposed Ordinance Nr. PO 002-13 of Hon. Richard A. Cariño, Hon. Nicasio M. Aliping Jr. and Hon. Elmer O. Datuin “Requiring all public utility firms, such as cable, telephone, and communication companies or those acting in their behalf, to coordinate with the Office of the Punong Barangay concerned, before performing or undertaking any new installation and repair.” (Item 85, 21 January 2013 Agenda)

(NOTE: [a] Barangay Ordinance No. 01, series of 2012, of Manuel Roxas Barangay entitled, “Requiring all public utilities such as cable, telephone, communication companies to submit/present job order to the punong barangays before performing their job within his/her jurisdiction.” The Barangay Resolution was converted into a proposed ordinance considering that the barangay does not have the power or authority to enact such ordinance. [b] FIRST READING – 12 November 2012 [c] Rule IV, Sec. 2A of the Internal Rules of Procedure states, “On second reading before publication of an ordinance, the ordinance shall be open for discussion, proposals and amendments to know whether or not the proposed ordinance will be approved before publication. Amendments may be allowed prior to publication.”)

The Committee on Public Utilities, Transportation and Traffic Legislation recommends APPROVAL on SECOND READING FOR PUBLICATION and POSTING the above mentioned proposed ordinance.

Hon. Joel A. Alangsab, Member of the Committee, signified “request to be co-author”. 68. Committee Report Nr. CR 0068-13

Proposed Resolution Nr. SCOFAD 21-12 of Hon. Senior Citizen Councilor Nestor B. Escosa “Requesting the Baguio Dental Society Members to provide free dental services to elderly and indigent patients in the City of Baguio.” (Item 21, 01 October 2012 SCOFAD Agenda)

The Committee on Health and Sanitation, Ecology and Environmental Protection recommends supporting the above proposed resolution and forwarding the same to Dr. Teresita A. Velasco, President, Baguio Dental Society - Baguio City Chapter, for her information and guidance.

69. Committee Report Nr. CR 0069-13

Proposed Resolution Nr. SCOFAD 18-12 of Hon. Senior Citizen Councilor Rogelio A. Sison “Requesting the City Environment, Parks and Management Office to conduct silvicultural treatments to all the trees in the city parks and tree surgery to the old and defective trees.” (Item 18, 01 October 2012 SCOFAD Agenda)

The Committee on Health and Sanitation, Ecology and Environmental Protection recommends that the above be NOTED considering that the City Environment Parks and Management Office under the Forestry Division, the Baguio Regreening Movement and the Department of environment and Natural Resources is in charge of maintaining and protecting our trees and forests around the city.

70. Committee Report Nr. CR 0070-13

Proposed Ordinance Nr. PO 095-12 of Hon. Fred L. Bagbagen “Institutionalizing the month of January of every year as ‘Healthy Lifestyle Month’ and providing funds for the purpose.” (Item 84, 22 October 2012 Agenda)

(NOTE: a] Resolution Nr. 129, s. 2012 declared and promoted the month of January of every year as “Healthy Lifestyle Month” b] FIRST READING –22 October 2012 c] Rule IV, Sec. 2A of the Internal Rules of Procedure states, “On second reading before publication of an ordinance, the ordinance shall be open for discussion, proposals and amendments to know whether or not the proposed ordinance will be approved before publication. Amendments may be allowed prior to publication.”)

The Committee on Health and Sanitation, Ecology and Environmental Protection recommends that the above consider the following recommendations to wit: As stated in Resolution Numbered 129, series of 2012, paragraph number six states:

WHEREAS, as a Character City, the Government of Baguio is urged to formulate programs to partner with the various sectors for funding to realize the end of this proposal to be able to cultivate and harness the essence from every individual that lives or otherwise sojourn in the City.

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. Committee Report Nr. CR 0071-13

Proposed Resolution Nr. SCOFAD 19-12 of Hon. Senior Citizen Councilor Juan B. Allibang “Requiring small-scale mining groups to participate in all tree planting activities during months and years as will be designated by the Department of Environment and Natural Resources.” (Item 19, October 2012 SCOFAD Agenda) The Committee on Health and Sanitation, Ecology and Environmental Protection recommends that the above be NOTED considering that City Environment Parks and Management Office under the Forestry Division, the Baguio Regreening Movement and the Department of Environment and Natural Resources is in charge of maintaining and protecting our trees and forests around the city.

72. Committee Report Nr. CR 0072-13

Proposed Resolution Nr. SCOFAD 08-12 of Hon. Senior Citizen Councilor Eliseo C. Sarmiento “Requesting the various agencies conducting medical, dental and optical mission to conduct their activities in the barangays and not in the city centers.” (Item 8, 01 October 2012 SCOFAD Agenda)

The Committee on Health and Sanitation, Ecology and Environmental Protection recommends supporting the above proposed resolution and forwarding the same to the Health Services Office and the Barangay Council for proper information and coordination.

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73. Committee Report Nr. CR 0073-13 Proposed Resolution Nr. SOFAD 06-12 of Hon. Scout Councilor Ian Christopher R. Mangaoang “A resolution in aid of legislation urging the City Environment and Parks Management, the City Health, the City Planning and Development, and the City Engineering Office, Baguio City, to act immediately on the ‘rehabilitation and cleaning of the Burnham Park Lake.” (Item 6, 15 October 2012 SOFAD Agenda)

The Committee on Health and Sanitation, Ecology and Environmental Protection recommends that the above be NOTED for being moot and academic.

74. Committee Report Nr. CR 0074-13

Letter dated 28 September 2012 of Engr. Benigno V. Andam, Church Council Chairperson, Baguio City First United Methodist Church, forwarding their Resolution No. 1, s. 2012 entitled, “Resolution prohibiting the use and bringing in of polysterene or styrofoam containers in all the activities held within the vicinity of the Baguio City First United Methodist Church and the Christian Mission Center.”

The Committee on Health and Sanitation, Ecology and Environmental Protection recommends supporting the above resolution. In connection with said resolution, it is likewise recommended that Ordinance Numbered 26, series of 2007 be amended regulating the use of polystyrene or styrofoam in the city.

Hon. Betty Lourdes F. Tabanda, Member of the Committee, signified “Why only within the church? It should not be selective.”

75. Committee Report Nr. CR 0075-13 SECOND READING BEFORE PUBLICATION AND POSTING:

Proposed Ordinance Nr. PO 0110-12 of Hon. Edison R. Bilog “Preventing acts of bullying committed among students in Baguio City.” (Item 78, 14 January 2013 Agenda)

(NOTE: [a] FIRST READING – 26 November 2012 [b] Rule IV, Sec. 2A of the Internal Rules of Procedure states, “On second reading before publication of an ordinance, the ordinance shall be open for discussion, proposals and amendments to know whether or not the proposed ordinance will be approved before publication. Amendments may be allowed prior to publication.” [c] Sections 186 and 187 of the Local Government Code provide that ordinance levying taxes, fees or charges shall not be enacted without any public hearing conducted for the purpose.) 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. Committee Report Nr. CR 0076-13

Letter dated 15 January 2013 of Mr. Antonio L. Tabin, City Accountant, requesting amendment of Resolution No. 301, series of 2012:

FROM: a. hiring of two (2) casual Administrative Assistants II, SG-8; and

b. two (2) casual Administrative Officer II, SG-11 TO:

a. renewal of two (2) casual Administrative Assistants II, SG-8 for the period January to December 2013;and

b. hiring of two (2) casual Accountants I, SG-12 for the period February to December 2013.

(NOTE: Resolution Nr. 301, s. 2012 is the hiring of two (2) casual Administrative Assistants II, SG-8 and two (2) casual Administrative Officers II, SG-11 in the City Accounting Office for the year 2013.)

The Committee on Ethics, Governmental Affairs and Personnel recommends APPROVAL of the letter of Mr. Antonio L. Tabin, City Accountant, for the amendment of Resolution No. 301, series of 2012, to wit:

1. Renewal of two (2) casual Administrative Assistants II, SG-8 for the period January to December 2013; and

2. Hiring of two (2) casual Accountants I, SG-12 for the period February to December 2013.

77. Committee Report Nr. CR 0077-13

a. Proposed Resolution Nr. SCOFAD 26-12 of Hon. Senior Citizen Vice Mayor Alberto S. Bravo Sr. “Recommending the implementation of urban forestry concept in regreening projects of the of the city .” (Item 26, 01 October 2012 SCOFAD Agenda) b. Proposed Resolution Nr. SOFAD 10-12 of Hon. Scout Councilor Carlos Gabriel B. Blanco “Encouraging the Boy Scouts of the Philippines (BSP) and Girl Scouts of the Philippines (GSP) to adopt the concept of urban forestry in their tree planting activities or any other greening projects.” (Item 10, 15 October 2012 SOFAD Agenda)

The Committee on Health and Sanitation, Ecology and Environmental Protection recommends supporting the above resolutions, to be forwarded to the concerned agencies and to incorporate the same with Ordinance Numbered 03, series of 2006.

78. Committee Report Nr. CR 0079-13

Letter dated 18 January 2013 of Ms. Elizabeth R. Fernandez, President-Rotary Club of Baguio to Hon. Vice Mayor Daniel T. Fariñas, requesting passage of a resolution declaring February 18 to 24, 2013 as Rotary Week in conjunction with the Rotary Club of Baguio’s 75th Annual Charter celebration on February 23, 2013.

The Committee on Tourism, Special Events, Parks and Playgrounds recommends that the above proposed resolution be approved.

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79. Committee Report Nr. CR 0080-13 1. Supplemental Memorandum of Agreement entered into by and between the City Government of Baguio, represented by Hon. City Mayor Mauricio G. Domogan, hereinafter called the First Party and Baguio Market Vendors Multipurpose Cooperative, represented by its Chairperson, Marcelo F. Dato and Board of Director Angelita B. Gayados, hereinafter called the Second Party, for the construction of the second floor of the BAMARVA Building and for the Second Party to continue occupying and utilizing the same under the subsisting lease contract and the increased monthly rental from P9,520.00 to P12,000.00 per month . (Item 49, 21 January 2013 Agenda) 2. Letter dated 21 January 2013 of Hon. City Mayor Mauricio G. Domogan, submitting a corrected copy of the Supplemental Memorandum of Agreement entered into by and between the City Government of Baguio, and Baguio Market Vendors Multipurpose Cooperative, for the construction of the second floor of the BAMARVA Building and for the Second Party to continue occupying and utilizing the same under the subsisting lease contract and the increased monthly rental from P9,520.00 to P14,280.00 per month.

The Committee on Laws recommends that Item 1 be NOTED and that the corrected Supplemental Memorandum of Agreement as found in Item 2, be confirmed.

80. Committee Report Nr. CR 0081-13

a. Annual Budget of Upper Market Subdivision Barangay for Current Year 2013 amounting to P1,178,119.00. b. Annual Budget of Lower Rock Quarry Barangay for Calendar Year 2013 amounting to P1,329,584.72. c. Annual Budget of Santo Tomas Proper Barangay for Calendar Year 2013 amounting to P3,090,896.00.

The Committee on Ways and Means and Finance, Cluster C, recommends FAVORABLE REVIEW of the above mentioned barangay budgets and that the same be returned to the concerned barangays through the City Budget Officer for implementation.

81. Committee Report Nr. CR 0082-13

Letter dated 10 January 2013 of Atty. Juan B. Valdez, Counsel for JARCO to Hon. City Mayor Mauricio G. Domogan, asking the enactment of an ordinance exempting JARCO from payment of real property tax on the land leased where the Baguio Center Mall was established.

The Committee on Ways and Means and Finance, Cluster B, recommends DISCUSSION EN BANC of the foregoing letter.

82. Committee Report Nr. CR 0083-13

a. Annual Budget of West Modern Site Barangay for Current Year 2013 amounting to P1,216,262.00. b. Annual Budget of Cresencia Village Barangay for Calendar Year 2013 amounting to P1,357,411.00.

The Committee on Ways and Means and Finance, Cluster C, recommends FAVORABLE REVIEW of the above mentioned barangay budgets and that the same be returned to the concerned barangays through the City Budget Officer for implementation.

83. Committee Report Nr. CR 0084-13

Letter dated 05 January 2013 of Punong Barangay Roy T. Tao-ey, Gibraltar Barangay, submitting for favorable consideration of the following ordinances:

a. Barangay Ordinance No. 01, series of 2012 entitled, “An ordinance for the increase of fees being collected for barangay clearance and barangay certifications (residency and postal ID, etc.).”;

b. Barangay Ordinance No. 02, series of 2012 entitled, “An ordinance passed and approved by the General Assembly on November 17, 2012 at Gibraltar Barangay, Baguio City, to increase fees being collected for barangay business clearance from owners/operators of the different establishments at Gibraltar Barangay.”; and

c. Barangay Ordinance No. 03, series of 2012 entitled, “An ordinance passed and approved by the General Assembly on November 17, 2012 at Gibraltar Barangay, Baguio City, to collect filing fee involving complaints for collection of sum of money from complainants only.”

In view of the foregoing compliance with Sections 186 and 187 of the Local Government Code mandating that ordinances levying taxes, fees, or charges shall be the subject of a public hearing prior to its enactment, as could be evidenced by the hereto attached minutes of meeting and attendance to the general assemblies, the Committee on Ways and Means and Finance, Cluster C, recommends FAVORABLE REVIEW of the subject barangay ordinance.

84. Committee Report Nr. CR 0085-13

Letter dated 03 December 2012 of Punong Barangay Reynaldo DV Cordoviz, Kagitingan Barangay to Hon. Isabelo B. Cosalan Jr., requesting approval for the holding of barangay annual open market on December 20, 2012 to January 01, 2013.

The Committee on Market, Trade and Commerce recommends that the above letter request be NOTED for being moot and academic.

85. Committee Report Nr. CR 0086-13

Verbal manifestation of Hon. Betty Lourdes F. Tabanda during the 10 December 2012 Regular Session for the appropriate committees to study the possibility of identifying Ganza Parking area and other areas to be used as parking area during the Christmas season and summer activities. (Item 103, 10 December 2012 Agenda)

(NOTE: The above matter is related to the letter dated 05 November 2012 of Ms. Aida Flores, President, Baguio Oplan Kaluluwa, Candles & Flowers Association (BOKCFA) to Hon. City Mayor Mauricio G. Domogan, seeking assistance in allowing them to temporarily use the Ganza Parking area to sell their wares from November 20 to January 5, 2013. This was forwarded to Atty. Melchor Carlos R. Rabanes, Officer-in-Charge, City Legal Office, Baguio City, for legal opinion on whether or not the City Government of Baguio can legally authorize the use of the Ganza Parking area as temporary vending area.) 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.

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86. Committee Report Nr. CR 0087-13 Letter dated 13 July 2013 of Mr. Leon Amistoso, Associate President, Baguio-Alapang-La Trinidad Tomay Operators and Drivers Association (BALTODA), requesting that they be allowed to pass along Bonifacio Street, Baguio City.

The Committee on Public Utilities, Transportation and Traffic Legislation recommends to forward the said letter request to the Traffic and Transportation Management Council (TTMC) and to Traffic Management Branch (TMB) of BCPO for its comments, recommendations and appropriate action.

87. Committee Report Nr. CR 0088-13

Proposed Resolution Nr. SCOFAD 06-12 of Hon. Senior Citizen Councilor Eliseo C. Sarmiento “Requesting the Transportation and Traffic Management Committee (TTMC) to immediately identify the appropriate areas for blue lanes and for the City Engineering Office (CEO) to immediately paint the blue lanes using all-weather paint.” (Item 6, 01 October 2012 SCOFAD Agenda)

The Committee on Public Utilities, Transportation and Traffic Legislation adopts and recommends approval of the above proposed resolution and be forwarded to the Office of the Transportation and Traffic Management Committee (TTMC) and to the City Engineering Office (CEO) for appropriate action and implementation.

88. Committee Report Nr. CR 0089-13

Proposed Resolution Nr. SCOFAD 22-12 of Hon. Senior Citizen Councilor Alejandro R. Quitoriano “Urging Benguet Electric Cooperative (BENECO) to continue the deduction granted to Senior Citizen even without the need of renewal of the privilege card.” (Item 22, 01 October 2012 SCOFAD Agenda)

The Committee on Public Utilities, Transportation and Traffic Legislation adopts and recommends approval of the above proposed resolution and be forwarded to BENECO, for comments, recommendations and for appropriate action.

89. Committee Report Nr. CR 0090-13

Proposed Resolution Nr. SCOFAD 01-12 of Hon. Senior Citizen Councilor Clarita D. Climacosa “Urging public utility jeepneys and taxi cabs to give priority to senior citizens, pregnant women, women with toddlers and disabled persons when queuing for jeepney and taxi rides.” (Item 1, 01 October 2012 SCOFAD Session)

The Committee on Public Utilities, Transportation and Traffic Legislation adopts and recommends approval of the above proposed resolution and the same be forwarded to Mr. Perfecto “Jonie” F. Itliong Jr., President of the Federation of Jeepney Operators and Drivers Association, Inc., Baguio-Benguet-La Union-Pangasinan, for their information, dissemination and appropriate action.

90. Committee Report Nr. CR 0091-13

Proposed Resolution Nr. PR 0010-13 of Hon. Fred L. Bagbagen “Urging all commercial and government establishments in the City of Baguio to accommodate and include Persons With Disabilities (PWD) in all their express lane/s and/or priority line/s and provide clear and visible signages for the purpose pursuant to RA 7277.”

The Committee on Market, Trade and Commerce recommends APPROVAL of the above proposed resolution.

91. Committee Report Nr. CR 0092-13

Letter dated 13 August 2012 of Punong Barangay Camilo P. Tacbas, Sto. Niño, Slaughterhouse Compound Barangay to Hon. Vice Mayor Daniel T. Fariñas, requesting 1% share from the abattoir to be added to their Internal Revenue Allotment (IRA).

The Committee on Barangay Affairs recommends to invite the proponent, PB Camilo P. Tacbas of Sto. Niño-Slaughterhouse Compound Barangay and Atty. Leticia O. Clemente during the next Regular Session to shed light on the said matter.

Hon. Betty Lourdes F. Tabanda, Member of the Committee signified, “Pls. include City Treasurer.”

92. Committee Report Nr. CR 0093-13

Proposed Ordinance Nr. PO 0057-12 of Hon. Edison R. Bilog “Creating the Barangay Citizen’ Council for human rights protection in all barangays in Baguio City.” (Item 37, 09 July 2012 Agenda)

(NOTE: [a] FIRST READING – 09 July 2012 [b] Rule IV, Sec. 2A of the Internal Rules of Procedure states, “On second reading before publication of an ordinance, the ordinance shall be open for discussion, proposals and amendments to know whether or not the proposed ordinance will be approved before publication. Amendments may be allowed prior to publication.”) The Committee on Barangay Affairs recommends that the matter be RETURNED to

proponent to consider that there are already barangays that have appointed their respective Barangay Human Rights Action Officers (BHRAO), although there are still some barangays who have not. Likewise to include those indicated under DILG Memorandum Circular No. 2006-45 with the subject: Revitalization and Strengthening of the Barangay Human Rights Action Center (BHRAC) Program; and to consider the hereto attached comments of the Department of the Interior and Local Government - Baguio dated September 5, 2012, for possible inclusion in the proposed ordinance.

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93. Committee Report Nr. CR 0094-13 4th Indorsement dated 30 April 2012 of Hon. Richard A. Cariño, refiling His Honor’s Proposed

Resolution Nr. PR 0031-12 and asking that a direct vote for its approval or denial be made. (NOTE: [a] The Proposed Resolution Nr. PR 0031-12 “Opposing the cutting, pruning and/or earth balling of trees of the Luneta Hill by Shoe Mart Development Corporation and requesting the DENR and the City Government of Baguio to withdraw all permits issued relative to the project” was returned on 26 April 2012 to the proponent, Hon. Richard A. Cariño. The motion for the approval of the 2nd Indorsement dated 23 March 2012 of the Committee on the Whole headed by the Committee on Health and Sanitation, Ecology and Environmental Protection was lost for lack of required number of affirmative votes during the 23 April 2012 Regular Session.) (Item 8, 07 January 2013 Agenda) This is in reference to Proposed Resolution Nr. PR 0031-12 of Honorable Richard A.

Cariño opposing the cutting, pruning and/or earth-balling of trees at the Luneta Hill by Shoe Mart Development Corporation and requesting DENR and the City Government of Baguio to withdraw all permits issued relative to the project.

The proposed resolution was directly re-filed with the Committee of the Whole on ground that the Committee on Health and Sanitation, Ecology and Environmental Protection has not made “clear and distinct recommendation” on the said proposed resolution.

Contrary to the said declaration, the content of the said proposed resolution had been sufficiently discussed in two Committee Reports, which both lost. In the first Committee Report, which lost on April 23, 2012, it was discussed, thus:

x x x With respect to the validity of the issuance of the tree-cutting and earth-balling permit, this matter should have been addressed to the Department of Environment and Natural Resources, which has the sole authority to act on this matter.

With respect to the issuance of the building permit, it is the City Building and Architecture Office (CBAO) which has the authority to cancel or revise the permit issued, and to answer queries as to the legality of the issuance of the same.

The August Body has no authority to order the cancellation of the permit granted to SM Baguio for the cutting and/or earth-balling of trees. x x x Incidentally, at present, there are civil cases that are filed that dwell on, among others, the validity of the permit issued to SM Baguio for the cutting and/or earth-balling of trees, as well as the issuance of the Environmental Compliance Certificate and building permit, and the ownership of the lot where SM Baguio is located. The said cases are now pending before the Regional Trial Court of Baguio City.

It is also for the above reason that the August Body is prevented from discussing fully the merits of these issues, lest the August Body be cited for indirect contempt for violating the sub judice rule. x x x

In the second Committee Report, which lost on May 3, 2012, the said Proposed Resolution

was also taken up. Pertinent portion of the said Committee Report is hereunder quoted, to wit: x x x With respect to the other proposed resolutions, statements and letters, the matters covered by these proposed resolutions, statements and letters are part of the issues raised in Civil Case No. 7595-R entitled, “Cordillera Global Network, et al. vs. Sec. Ramon J.P. Paje, et al. for Injunction with Prayer for Temporary Environmental Protection Order,” and in Civil Case No. 7629-R entitled, “Judy Lyn Adajar, et al. vs. Sec. Ramon J.P. Paje, et al. for Declaration of Nullity and Injunction with Prayer for Temporary Environmental Protection Order,” which are both pending before the Regional Trial Court Branch 5 of Baguio City.”

x x x In order to avert the danger of violating the sub judice rule and, subsequently, be held in contempt of court, the Committee hereby recommends that the other proposed resolutions, statements, letters, and other complaints that cover matters subject of Civil Cases Nos. 7595-R and 7629-R be not acted upon pending the resolution of the said civil cases. x x x

Clearly, the proposed resolution has been properly disposed of in the two Committee

Reports. Apparently, there was misappreciation of facts with the declaration that no “clear and distinct recommendation” was made with respect to the subject proposed resolution.

Anent the issue of direct filing done relative to the proposed resolution, the Committee is of the opinion that this manner of re-filing is not supported by the rules and therefore, must not be allowed. Otherwise, this would create chaos and bad precedent.

All told, without being repetitious, the Committee’s stand on the proposed resolution remains. The matters covered by the proposed resolution are part of the issues raised in the two civil cases, Civil Case No. 7595-R and Civil Case No. 7629-R. Incidentally, the Honorable Trial Court, Branch 5 of Baguio City has already made rulings in both cases. However, the said cases are subject of appeal before the Honorable Court of Appeals. Thus, the controversies surrounding the said civil cases, including the matters taken up in the proposed resolution, are still within the ambit of sub judice rule. To allow action on the said proposed resolution would expose the August Body to possible sanction for indirect contempt for violation of the sub judice rule. The Committee hereby recommends that the proposed resolution be not acted upon pending the final disposition of the abovementioned civil cases by the appellate courts.

Hon. Philian Louise C. Weygan-Allan, Member of the Committee signified, “An action is suggested, a vote on the proposed resolution is proper.”

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94. Committee Report Nr. CR 0095-13 Letter dated 18 September 2012 of Mr. Marzan Claro M. Wandagan, President, San Luis Village Neighborhood Association and Atty. Pacifico Paas, et al, affected lot owners at San Luis Barangay, requesting the City Council to look into the ongoing subdivision project being undertaken by GARSONS Development Corporation and to require the developer to institute the necessary measures to prevent further erosion of the affected areas thereat.

The Committee on Urban Planning, Lands and Housing recommends that the above matter BE NOTED, the request having been satisfied. Attached hereto are the Memorandum Report from the Office of the City Planning and Development Coordinator, Baguio City and the Excerpts from the meeting held on 09 January 2013 at the Barangay Hall, San Luis Village, Baguio City, for further information and guidance.

95. Committee Report Nr. CR 0096-13

Resolution No. 08-s-12, series of 2012, of Fairview Barangay entitled, “A Sangguniang Barangay Resolution requesting the assistance of the Honorable Members of Sangguniang Panlungsod to direct the following government offices namely Public Order and Safety Division (POSD), City Buildings and Architecture Office (CBAO), City Engineers Office (CEO), Department of Public Works and Highways (DPWH), City Assessor’s Office and City Planning for the urgent demolition of the house of a certain Ms. Letecia Guevarra former owner of the house located at Purok 1, Sunnyside Fairview over the area intended for widening/road opening.”

In view of the hereto attached reports of the City Buildings and Architecture Office, the Public Order and Safety Division of the City Mayor’s Office, and that of the letter and certification from the Baguio city District Engineering Office, Department of Public Works and Highways - CAR, relative to the subject road lot, the Committee on Urban Planning, Lands and Housing recommends that the above matter BE ENDORSED, to the City Anti-Squatting and Anti-Illegal Structures Committee for appropriate action, particularly the clearing of said road lot for the proper implementation of the road development project for the interest and welfare of the community and the general public.

NEW MATTERS:

96. FIRST READING: Referral to Committee

Proposed Ordinance Nr. PO 004-13 of Hon. Betty Lourdes F. Tabanda “Changing the project under the 2012 Annual Investment Plan (AIP), Barangay Development Projects of the city from ‘Completion of the existing 3-storey unfinished view deck’ to ‘Continuation of the improvement of view deck’ located at Barangay Middle Quirino Hill, Baguio City in the amount of P100,000.00.”

97. FIRST READING: Referral to Committee

Proposed Ordinance Nr. PO 005-13 of Hon. Philian Louise C. Weygan-Allan “Creating a Management Information System Office as a specialized and separate department of the City Government of Baguio.”

OTHER MATTERS:

98. a. Letter dated 13 July 2012 of Hon. City Mayor Mauricio G. Domogan to Hon. Vice

Mayor Daniel T. Fariñas, 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 private-public 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. Fariñas, 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. Fariñas,

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. Fariñas “Noted. Jun, please include.”)

C. CITIZENS’ FORUM

D. BAGUIO HYMN CLOSING PRAYER

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