25-08072017

Republic of the Philippines Philippines SANGGUNIANG PANLUNGSOD City of Baguio REGULAR SESSION, 07 AUGUST 2017, 2:00 P.M. SESSION NR. 25

A.

CALL TO ORDER The Presiding Officer Hon. Vice Mayor EDISON R. BILOG

B.

NATIONAL ANTHEM Invocation and Scripture Reading Hon. ELMER O. DATUIN shall lead the invocation and Scripture Reading.

C.

BAGUIO MARCH

D.

ROLL CALL

E.

RECITATION OF THE PHILIPPINE COUNCILORS' LEAGUE CREED Hon. PETER C. FIANZA shall lead in reciting the Philippine Councilors’ League Creed.

F.

Minutes of the Regular Session: 24th Regular Session on July 31, 2017.

G.

1.

INVITATIONS:

Proposed Ordinance Nr. PO 0111-17 introduced by Hon. Maria Mylen Victoria G. Yaranon entitled, "Authorizing to charge from current budget earmarked under the Non-Office Account Number 5-02-99-990 5-02-99-990 the amount of Two Million Three Hundred Ten Thousand Thousand Pesos (Php2,310,000.00) for the Baguio Convention Center Design Competition. (Item 11, 17 July 2017 Agenda) (NOTE: The following personalities were requested requested to be present in today's meeting as resource persons in aid of legislation relative to the feasibility study for the rehabilitation and retrofitting of the Baguio Convention Center in relation to the above proposal: [a] Atty. Carlos M. Canilao, Canilao, City Administrator; [b] Atty. Leticia O. Clemente, City Budget Budget Officer and Chairperson, Local Finance Committee; Committee; and [c] Engr. Nazita F. Bañez, City Building Building Official.) (NOTE: Res. 111, series of 2017 CALLED ON ALL INTERESTED DESIGN FIRMS, ARCHITECTS, ENGINEERS, URBAN PLANNERS, AND STUDENTS, TO PARTICIPATE IN AN OPEN PUBLIC DESIGN COMPETITION OF THE BAGUIO CONVENTION CENTER.)

2.

Proposed Resolution Nr. PR 0111-17 introduced by Hon. Maria Mylen Victoria G. Yaranon entitled, "Urging the City Mayor to assess the City Planning and Development Office, its performance, the plantilla positions positions and and its role role in the planning of of the City of Baguio." Baguio." (Item 11, 31 July 2017 Agenda) (NOTE: The following personalities were requested requested to be present in today's meeting to be resource persons in aid of legislation relative to the above matter: [a] Mr. George A. Manzano, Manzano, Officer-In-Charge and Director II, Civil Service Commission-CAR; [b] Ms. Evelyn B. Trinidad, CESO V, V, City Director, Department of Interior and and Local Government-Baguio Government-Baguio City Field Office; [c] Atty. Leticia O. Clemente, City Budget Officer; and and [d] Atty. Augustin P. P. Laban III, City Human Resource Resource Management Officer.)

3.

Proposed Resolution Nr. PR 0139-17 introduced by Hon. Benny O. Bomogao, Hon. Faustino A. Olowan and Hon. Michael L. Lawana entitled, "Resolution calling for an immediate investigation, in aid of legislation, on the untimely death of Mr. Paul Balonglong Sr., dated July 14, 2017 at San Carlos, Irisan, Baguio City and inviting the personnel or their representatives from the General Services Office (GSO), Police Station 9, and BENECO Inc., to shed light on the matter before the City Council."(Item 32, 31 July 2017 Agenda) (NOTE: The following personalities were requested to be present in today's meeting to be resource persons in aid of legislation relative to the above matter: [a] Mr. Romeo D. Concio, City General General Services Officer; [b] Mr. Gerardo P. Verzosa, Gneral Gneral Manager, BENECO; and [c] PCI Benedict Bete Gang-Aoen, Gang-Aoen, Station Commander, BCPO BCPO Station 9, Baguio City.)

7 August 2017 Agenda

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H.

MATTERS FOR REFERRAL TO COMMITTEE

4.

FIRST READING:Referral to Committee Proposed Ordinance Nr. PO 0148-17 introduced by Hon. Vice Mayor Edison R. Bilog entitled, "Prohibiting all gasoline stations, auto repair and carwash shops and all other similar establishments from discharging motor oils, petroleum products and untreated wastes into the soil and waterways and providing penalties for violations thereof."

5.

FIRST READING:Referral to Committee Proposed Ordinance Nr. PO 0149-17 introduced by Hon. Leandro B. Yangot Jr. entitled, "Prohibiting any private individual from collecting parking fees or any form of payment from motorists for temporarily parking along public roads, streets and other public places within the City of Baguio and providing penalties therefor."

6.

FIRST READING:Referral to Committee Proposed Ordinance Nr. PO 0151-17 introduced by Hon. Leandro B. Yangot Jr. entitled, "Establishing a City Government crematorium facility in the City of Baguio and appropriating funds thereof." (NOTE: The matter is related to the following: [a] Proposed Ordinance Nr. PO 017-08 of the late Hon. Vice Mayor Daniel T. Fariñas “Recommending the planning and construction of State-of-the-Art Baguio City Public Crematorium at the vicinity of the Baguio Cit y Public Cemetery, and providing funds therefor.” which was forwarded to the Local Finance Committee on 09 March 2009; [b]1st Indorsement dated 02 June 2008 of Dr. Florence G. Reyes, MD MPH MSc, former City Health Officer, forwarding the comments of Engr. Candido S. delos Santos to the Proposed Ordinance 017-08 of the late Hon. Vice Mayor Daniel T. Fariñas “Recommending the planning and construction of State-of-the-Art Baguio City Public Crematorium at the vicinity of the Baguio City Public Cemetery, and providing funds therefor” was forwarded to the Committee on Health and Sanitation, Ecology and Environment Protection on 05 June 2008; [c] Proposed Resolution Nr. PR 020-09 of former Coun. Perlita L. Chan-Rondez and the late City Councilor Galo D. Weygan “Requesting the City Parks Management Office (CPMO) and the City Health Office (CHO), through Ms. Cordelia C. Lacsamana, and Dr. Florence G. Reyes respectively, to establish a city owned, stateof-the-art crematorium at the Baguio City Cemetery.” which was noted during the 23 February 2009 Regular Session; [d] Letter dated 05 August 2015 of Mr. David M. Kang, Vice President, DaeHae Philko Corp. to Hon. City Mayor Mauricio G. Domogan, proposing to develop the Baguio City Public Cemetery into a columbarium and crematorium building with chapel which was forwarded to the Committee on Health and Sanitation, Ecology and Environment Protection on 25 November 2015.)

7.

FIRST READING:Referral to Committee Proposed Ordinance Nr. PO 0152-17 introduced by Hon. Lilia A. Fariñas entitled, "Requesting the City Engineering Office, in cooperation with the Department of Public Works and Highways, and members of the Traffic and Transport Management Committee to study the possibility of installing 'safety-impact tires' as a last resort against brake failure, along the walls of Buhagan Road (formerly Bokawkan Road), and appropriating the amount of Three Hundred Thousand Pesos (Php300,000.00) or so much thereof for its study and implementation."

I.

8.

DEFERRED MATTERS:

Committee Report Nr. DIV3-2017-003 Letter dated 05 May 2014 of Mr. Patricio Q. Evangelista, Sangguniang Barangay Member, Trancoville Barangay, forwarding his Affidavit Complaint against Punong Barangay William B. Regacho and Sangguniang Barangay Members Felomena Cadut, Bernadette K. Sagampod, Pepito Gamueda and Rey A. Millare, all officials of Trancoville Barangay. (NOTE: The above case is docketed as Barangay Adm. Case No. 07-2014.)

Decision/Resolution of the Committee on Barangay ADMIN CASE (Division 3) in Barangay Administrative Case No. 07-2014 entitled "Patricio Q. Evangelista, Complainant versus William B. Regacho, et. al., Respondents". The Division's Ruling: We deny the petition for lack of merit. 1. It can be gleaned from the Agenda of the Minutes of Meetings on item 3 that majority of the barangay kagawad members composing of seven (7) had unanimously participated the deliberations in voting for the confirmation of the appointment of the barangay secretary. As a matter of fact, it shows under item 4 from the agenda that complainant Evangelista even raised his objections to quote: "item 4. Kagawad Evangelista said the four (4) votes is not majority, it should have six (6) votes to concur the appointment". Thus, it clearly indicates that complainant was among those council members who were


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present during the special session. Indeed, there is no argument that he is knowledgeable to their special session. In his comment, complainant claimed that there was no resolution passed or adopted during the special session dated February 10, 2014 although he admitted that there was a special meeting on the said date. Assuming arguendo that Resolution No. 12-001-13 is defective by reason that it was not among the issues taken during the special sessions does not necessitate nor imply that a crime of grave misconduct was erroneously committed. It should be remembered that the appointment of the barangay secretary was unanimously discussed by the majority council members. Although, the resolution was not among the agenda taken during the special session does not in any way affect the entire veracity of the contents of the minutes of meeting. The special session was actually called for the purpose of the concurrence of the barangay secretary. Thereafter, the concurrence during the meeting follows the adoption of the barangay resolution as an integral part of the certification of appointment. It should be understood that the barangay officials came up with a special session in order to concur the appointee of the barangay secretary considering that her function is very vital to the interest of the public. In other words, if the complainant believed that indeed his right was affected by the passage of the said resolution then he should have immediately called for another special or urgent meeting. However, the complainant failed to do so thence he had correctly slept his rights. Otherwise, if he was fair to his acts then perhaps the alleged resolution was brought for either amendments or votation. Needless to say, a resolution is a mere expression of the council members regarding of its view and perception. It doesn't need to be signed by all since it only requires majority numbers among those present in the quorum. The complainant contested also the majority votes of the council members. To revert back in the present case, the majority councils voted for the appointment of the barangay secretary with a gathered vote of four (4), two (2) against and one (1) abstain. Likewise, in its previous similar barangay votation, it shows from the records that most of the appointee has the same majority numbers of votes which if also four (4). This was never being questioned by the complainant. It is too unbelievable that the complainant was mum in all the previous votation of barangay appointments but comes now the case of the barangay secretary wherein he is too affected. Plainly saying, if the complainant is very strict to their internal rules of procedures adopted on December 03, 2013 which requires five (5) votes. Then he must have done earlier petitioning the previous appointment of other appointees such as the BHW, BNAO, BT, among others who have the records of four (4) votes. Apparently, complainant herein shows that he is being selective and not faithful on his duty as public officer. Under the Local Government Code: "Chapter 5 - Appointive Barangay Officials. Section 394. Barangay Secretary: Appointment, Qualifications, Powers and Duties. - (a) The barangay secretary shall be appointed by the Punong Barangay with the concurrence of the majority of all the Sangguniang Barangay members." Liberally construed that the local government code uses the word majority which literally means quorum. Thus, the council members have a total of seven which implies that the majority vote would be either 4-3, 5-2,6-1. Majority has been defined by the Supreme Court in Santiago vs. Guingona, et al. (G.R. No. 134577, 18 November 1998) as that which is greater than half of the membership of the body or that number which is 50% + 1 of the entire membership. We note, however, that using either formula will give us the same result. To illustrate, using the 50% +1 formula, the 50% of a sanggunian composed of 14 members is 7. Hence 7 + 1 will give us a sum of 8. On the other hand, if we use the second formula which is that number greater than half, then 8, in relation to 7, is definitely greater than the latter. The simple majority of the sangguniang panlalawigan with fourteen (14) members where all of them were present in that particular session is therefore 8. Applying the formula in the case before us, the barangay kagawads has seven (7) members. Fifty percent of seven is 3.5 %. Since there is no such as .5 or half then the majority would be four members. Thus, the majority composition of seven is the maximum of four (4) members to arrive a quorum. Undoubtedly, it appears that the vote of the barangay secretary had meted the requirements provided by law. 2. The Division believes and holds that respondents had acted in good faith when it issued Resolution Numbered 12-001-13 when it relied per se to the Minutes of Meetings of the Barangay Officials dated February 10, 2014 during its special session. The Local Government Code Provides that: Section 52. Sessions. (a) On the first day of the session immediately following the election of its members, the sanggunian shall, by resolution, fix the day, time, and place of its regular


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sessions. The, minimum number of regular sessions shall be once a week for the Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang Bayan, and twice a month for the Sangguniang Barangay. (b) When public interest so demands, special session may be called by the local chief executive or by a majority of the members of the sanggunian. It is evident from the above-mentioned provisions under paragraph b that the local chief executive may call a special session which the chief executive acted actually knowing that his constituents need the immediate appointment of a barangay secretary. The barangay secretary serves as the alter ego of the local chief executives in all his transactions. The delay of his appointment would sacrifice the welfare of the barangay. This is the reason why the special session was held upon. In contrast also, if the complainant feels bigoted from the appointment of the barangay secretary leading the passage of the alleged Resolution Number 12-001-13, then he should have invoked paragraph b of section 55 at his own privilege to determine the correctness of the said resolution. The complainant on his comment questioned the re-appointment and concurrence of the barangay secretary dated March 4, 2014 and April 01, 2014 respectively or one month thereafter. Therefore, concluding that the complainant is aware of the re-appointment of the barangay secretary but he failed to act on the matter or even signified to file a petition to concerned offices such as the Department of Interior and Local Government Unit (DILG). As to the act of the respondent on re-appointing and further confirmed by the barangay kagawad members is tantamount on the discretionary power of appointment by the chief executive especially on the exercise of trust and confidence. The chief executive has that wide latitude to select his appointee since it is his office, public service and social responsibility that he must protect all through out of his term. Nevertheless, the act of the respondent in re-appointing and clothed with the majority confirmation of the council members simply strengthen the appointment of the barangay secretary after it passes the qualifications or requirements that the appointing authority had deemed required. Thus the act of the Barangay Officials does not fall under the context of grave misconduct. As defined in the Public Accountability of Local Officials and Employees by P.F. Jardiniano, (a), (b), (c) (d). Misconduct in the office and neglect of duty must be done in the performance of an official task and with intent to commit an unlawful act that will result in the injury of others. It is the doing through ignorance, inattention or malice, of that which the officer had no legal right to do at all, as where he acts without any authority whatsoever or exceeds, ignores or abuses his powers. Misconduct is considered grave if accompanied by corruption, a clear intent to violate the law, or a flagrant disregard of established rules, which must all be supported by substantial evidence. If the misconduct does not involve any of the additional elements to qualify the misconduct as grave, the person charged may only be held liable for simple misconduct. "Grave misconduct necessarily includes the lesser offense of simple misconduct. Sufficiency of evidence shows that the complainant failed to establish. The records show that the respondents had called a special session dated February 10, 2014 and where the complainant participated. There was also a series of meetings held such as dated February 18, 2014, March 04, 2014, March 18, 2014 and April 1, 2014 conducted where the complainant himself is very much aware. The series of meetings is not far from the original date of appointment of the barangay secretary and the issuance of the assailed resolution. Hence, the complainant or any person thereto should have petitioned the resolution earlier. The resolution was majority signed by those who also voted the concurrence of the appointee during the special session. Verily, even if the resolution will be presented to the complainant, it is assumed that they will not affirm nor affix their signatures because they voted against the appointment of the barangay secretary. Hence, their vote is obviously not significant or even required since the majority votes required by law has been complied by the other council members. This was confirmed again when the barangay secretary was favorably re-appointed. Suffice to say, the respondents herein did not wantonly disregard any rules or laws for instance since their act were all united, coordinated and publicly known to all parties. What we can conclusively confirm that respondents had performed its functions relying in good faith on the special meetings wherein the majority members of the barangay kagawads voted in favor of the appointment of the barangay secretary. This majority votes leads the passage of the said assailed resolution. At any given time, the resolution was passed and signed by the barangay kagawads as a requirement per se in the appointment of the barangay secretary. The resolution does not need to be signed by all provided the entire majority barangay kagawads confirm the same. If there was an alleged grave misconduct merely because the resolution was not mentioned nor included in the minutes of meeting, then this should have been brought by the petitioner in the previous meetings. Accordingly, the resolution was cured when the barangay secretary was again re-appointed which is uncontestable. Undoubtedly, the appointment of the barangay secretary does not in any way


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affect or injure the interest of the complainant. Nor there was ignorance or malice since all acts were personally known by all the parties as evidenced during the meeting dated February 10, 2014. As to the assailed resolution, the complainant's signature was not indicated in the said resolution in order that his rights were violated. Thus, the respondents act does not fall within the crime of grave of misconduct. WHEREFORE PREMISES considered, the case is hereby dismissed for lack of merit. SO ORDERED. (Item 17, 31 July 2017 Agenda) 9.

Committee Report Nr. DIV3-2017-004 1st Indorsement dated 21 April 2016 of Ms. Evelyn B. Trinidad, CESO V, City Director, DILG-CAR, endorsing for information and appropriate action the Sworn Complaint dated 02 May 2016 of Barangay Secretary Mary Grace B. Lem-ew against Barangay Kagawad Paul L. Tamayo, both of Poliwes Barangay, Baguio City. (NOTE: The above case is docketed as Barangay Adm. Case No. 04-2016).

Decision/Resolution of the Committee on Barangay ADMIN CASE (Division 3) in Barangay Administrative Case No. 04-2016 entitled "Mary Grace B. Lem-Ew, Complainant versus Paul Tamayo, Respondent." The Division's Ruling: We deny the petition for lack of merit. 1. As quoted by the complainant in Section 60 (c) and Government Code. It stressed therein that respondent failed to prejudice of the barangay and this was supported thru "Annex certified and prepared by the complainant which was attested Robert L. Galong.

Section 391 of the Local perform his duties at the A" or performance chart by the Punong Barangay

The Division, however, is in the context that the subject matter is better attended at the barangay level based on its internal rules and procedures. The Division is in the opinion that administrative remedies should be exhausted especially matters involving internal affairs such as the working performance of the respondent. Anent if not contented with its findings, then the matter could be brought to the City Mayor thru the Legal Office to conduct its own investigation. When issues are joined, the legal department will certify the Office of the City Mayor to exercise its mandatory supervision over elective barangay officials. The penalty required under Section 63 of the Local Government Code would certainly apply and carried upon. 2.

We shall first address the issue on Section 3 paragraph (a) of Republic Act 3019.

(a) "Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense". We agree that the accusation of the complainant is merely hearsay which casts doubt as to its personal knowledge not even supported by sufficient evidence to link the respondent guilty of the offense charged. It is our belief that the act of respondent in his conversation to Kagawad Dulay is just a mere expression of helping the barangay regarding the right person (Necsuma) particularly in their barangay project. The act of mere expressing his thoughts to his comembers did not violate any rules and regulations promulgated by the barangay since the subject matter will still undergo a long process in the selection of bidding winners. It is too different issue if respondent Tamayo persuaded, induced or influenced Kagawad Dulay or the complainant of anything of value in exchange of allowing Necsuma as the winning bidder. Such situation was not present in this case. The Division believes and holds that complainant should at least burden with proof of evidence to justify her charged against the respondent. Her allegations are merely echoed to her and not directly from her personal knowledge. To be specific, from the complainant's version alone she only witnessed the conversation of the two barangay kagawads herein respondent Tamayo and Kagawad Dulay. Furthermore, she receives her knowledge regarding the project thru respondent text messages. In short, complainant's rights are not directly injured or benefited with respondent's acts. The issue on Section 3 paragraph (b) of Republic Act 3019. (b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the government and any other part, wherein the public officer in his official capacity has to intervene under the law.


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Verily, under paragraph (b) of section 3, it is very clear that again the complainant failed to produce any single evidence to prove that respondent have enriched himself by receiving any gift, present, share, percentage or even benefited from the barangay project to be undertaken by Necsuma. It is clear from the case at hand that it was the RHOB construction who had entered a contract from the Punong Barangay and not Necsuma. Granting that it was Necsuma who entered a contract to the Punong Barangay and the former was the contractor, there is no sufficient evidence to convince us to the charges against respondent. Besides, the act of respondent of texting his co-members was just a part of his concern who are interested bidders such as Necsuma which does not totally mean that he is already interfering with any government projects. It should be understood that in all government projects processes has to be done by all BAC members. In a nutshell, the procedure for the procurement of government supplies and materials can be summarized as follows: the end-user agency or department draws a purchase request for the supplies and materials; an invitation to bid is announced; the bidding and award to the lowest bidder will be conducted by the Committee on Awards; purchase order will then be executed in favor of the winning bidder; the supplies and materials will be delivered to the end-user agency or department; inspection of the delivered supplies will be made by the requisitioning officer; and payment of the supplies and materials will be executed. In other words, the complainant should have produced any evidence to show that respondent Kagawad Tamayo has violated the above mentioned procedures of BAC procurement and not merely relying on conversations and text messages which is ambiguous or even to support her charges. Nowhere we find in the case that respondent had directly or indirectly participated in the contract rallied in their barangays in exchange of any gift, present, etc. The issue on Section 3 paragraph (e) of Republic Act 3019. (e) Causing any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. As can be gleaned from the records submitted to us by both parties. We noted that respondent has not caused any undue injury to the complainant nor to the government or any private party. It shows that the project was awarded to RHOB construction Inc., and not to Necsuma Construction Inc. Likewise, the records reveal that Necsuma didn't participate on the said bidding but it was RHOB Construction who was interested the same. It can thus be concluded that the decision by the Awards Committee on who will be the winning bidder was made through its members own determination and volition thru the Punong Barangay as the BAC Chairman. It bears to stress that the complaint for violation of Section 3(e) of R.A. No. 3019 filed by the complainant against herein respondent even failed to allege an essential element thereof, i.e., that there are unwarranted benefits given to anyone that would result in undue injury to the government, complainant or anyone else. Logically, without undue injury or damage to any party, the act of respondent cannot be said to be irregularly executed. Neither was the complainant able to prove the fourth and fifth elements of Section 3(e) of R.A. No. 3019, i.e., that the respondent acted with manifest partiality, evident bad faith or gross inexcusable negligence in giving unwarranted benefits or advantage to Necsuma Construction Inc. (HON. SANDIGANBAYAN (FIRST DIVISION) and THE PEOPLE OF THE PHILIPPINES, Promulgated: September 13, 2007 vs. NORBERTO N. LINDONG, G.R. No. 154482) In the instant case, the complainant relying solely on the conversation and text messages of respondent to his kagawad co-members or the respondent's acts of engaging as electrician as her evidence that gave unwarranted benefits and failed to establish convincing evidence does not partake the crime of a fraud or furtive design or ulterior purpose to do wrong and cause damage. The issue on Section 3 paragraph (g) of Republic Act 3019. (g) Entering, on behalf of the government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby. Anent the charge for violation of Section 3(g) of R.A. No. 3019, the elements thereof are the following: (1) the offender is a public officer; (2) he entered into a contract or transaction in behalf of the government; and (3) the contract or transaction is grossly and manifestly disadvantageous to the government. And, as previously discussed herein, there is no dispute that there is no presence of the first, second and third elements of Section 3(g) of R.A. No. 3019.


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To be sure, respondent Tamayo participation in the whole transaction was certainly not the actual and direct participation that would render him liable under Section 3(g) of the Anti-Graft Law. The above cited paragraph is very clear that accused must enter on behalf of the government into a contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby. Likewise, the supporting documents, such as the affidavits of witnesses suggest that respondent Tamayo was merely in the mode of inquiries or preferably curious based on his best judgment of those interested bidders. At the end, projects will be open for deliberations of the BAC members and not the respondent will. Unless, during the bidding it is shown that respondent Tamayo had influenced the BAC members to award the Bid Docs to Necsuma Construction Inc., which is not present in the case. He didn't even enter into a contract or transactions to the pet projects or there is no single proof that he was involved in the said bidding using a dummy like Necsuma. Therefore, the criminal liability of the respondent for violation of Section 3, paragraphs (a), (b), (e) and (g) of R.A. No. 3019, may still be shown through the presentation of sufficient evidence to the effect that the accused is a public officer; that he entered into a contract or transaction on behalf of the government; and that such contract or transaction is grossly and manifestly disadvantageous to the government. The act treated in the Anti-Graft and Corrupt Practices Act partakes of the nature of a malum prohibitum: it is the commission of that act as defined by law, not the character or effect thereof, that determines whether or not the provision has been violated. This construction would be in consonance with the announced purpose for which R.A. [No]. 3019 was enacted, which is the repression of certain acts of public officers constituting graft or corrupt practices or which may lead thereto (Section 1, R.A. No. 3019). Thus, to require for conviction under the Anti-Graft and Corrupt Practices Act. The validity of the contract or transaction be first proved would be to enervate, if not defeat, the intention of the Act. For what would prevent the officials from entering into those kinds of transactions against which R.A. No. 3019 is directed, and then deliberately omit the observance of certain formalities just to provide a convenient leeway to avoid the clutches of the law in the event of discovery and consequent prosecution (Luciano v. Estrella, 34 SCRA 769). Clearly, the existence of a prima facie case against petitioners had not been established. With the view we take of this case, it would be superfluous and a sheer waste of time to still require the parties to go through the rigors of trial when the issues can be resolved at the outset. As the facts charged do not constitute the offense of violation of Section 3 of RA No. 3019, respondent's prayer dismissing the case for lack of merit must be sustained. WHEREFORE, the case is DISMISSED for Lack of Merit. SO ORDERED. (Item 18, 31 July 2017 Agenda) 10.

Letter dated 17 July 2017 of Mr. Sonny David Ticwala, Over-All Coordinator, Sonny T. Production, requesting waiver of amusement tax on ticket sales and sponsorship for Ms. Baguio 2017 Pageant. Considering that the Ms. Baguio Pageant is an institutionalized event of the city, the Committee on Appropriations and Finance recommends APPROVAL of the above request including the free use of the Baguio Convention Center on September 2, 2017 for the Pre-Pageant and on September 17, 2017 for the Grand Coronation Night, however, the organizer shall pay for the overtime of the personnel who will be in charge of maintenance and security of the Baguio Convention Center. They shall likewise pay for their water and electrical consumption. (Item 26, 31 July 2017 Agenda) (NOTE: Res. No. 278, s. 2017 approved the request of the Sonny T. Production for the free use of the Baguio Convention Center, Baguio City, as venue for the pre-pageant on 02 September 2017 and for the Grand Coronation Night on 17 September 2017 of the Miss Baguio 2017.)

11.

Committee Report Nr. DIV3-2017-005 Letter dated 20 April 2015 of Ms. Evelyn B. Trinidad, CESO V, City Director, Department of the Interior and Local Government (DILG), Baguio City Field Office, transmitting for information and appropriate action the sworn affidavit-complaint of Mr. Romel Beltran, Barangay Treasurer against Kagawad Angelina Ramos, both of Camp 7 Barangay. (NOTE: The above case is docketed as Barangay Administrative Case No. 05-2015.)

Resolution of the Committee on Barangay ADMIN CASE (Division 3) in Barangay Administrative Case No. 05-2015 entitled, Mr. Romel Beltran, Complainant versus Kagawad Angelina Ramos, Respondent."


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DIVISION RULING: After considering respondent's and petitioner's comments and reply respectively, the Division give due course and consider the case ready for decision. ISSUE: The sole issue posed in the present case is whether or not respondent is held liable for grave misconduct. In Tecson v. Sandiganbayan [I]t is a basic principle of the law on public officers that a public official or employee is under a three-fold responsibility for violation of a duty or for a wrongful act or omission. This simply means that a public officer may be held civilly, criminally, and administratively liable for a wrongful doing. Thus, if such violation or wrongful act results in damages to an individual, the public officer may be held civilly liable to reimburse the injured party. If the law violated attaches a penal sanction, the erring officer may be punished criminally. Finally, such violation may also lead to suspension, removal from office, or other administrative sanctions. This administrative liability is separate and distinct from the penal and civil liabilities. xxx. In the instant case, the complaint against the respondent for criminal offense was dismissed for failure to prove the guilt of the accused. Time and again, the Supreme Court has laid down the doctrine that an administrative case is not dependent on the conviction or acquittal of the criminal case because the evidence required in the proceedings therein is only substantial and not proof beyond reasonable doubt. An administrative case is, as a rule, independent from criminal proceedings.1âwphi1 The dismissal of a criminal case on the ground of insufficiency of evidence or the acquittal of an accused who is also a respondent in an administrative case does not necessarily preclude the administrative proceeding nor carry with it relief from administrative liability. This is because the quantum of proof required in administrative proceedings is substantial evidence, unlike in criminal cases which require proof beyond reasonable doubt. Substantial evidence, according to Section 5 of Rule 133, Rules of Court, is "that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion." In contrast, proof beyond reasonable doubt does not mean such a degree of proof as, excluding possibility of error, produces absolute certainty; moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind. Here comes the complainant with the same allegations but purely for administrative complaint against the respondent for grave misconduct. This is what we are bound to discuss. In law, misconduct is wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences. [Premeditated - simple means deliberate or intentional/intended]. The Division III finds it necessary to distinguish if respondent really committed misconduct by paraphrasing the allegations of both parties in order to weight their acts or doings if it really falls within the offense, as follows: "In his affidavit complaint, complainant Rommel Beltran alleged that on April 6, 2015 at around 3:15 o'clock in the afternoon, he attended the regular meeting presided by Barangay Captain Danao. One of the agenda is the annual budget of the barangay for the year 2015. During the discussions, herein respondent voiced out that she does not want to sign the document relating to the barangay. The complainant commented that if respondent would not sign, then the barangay should have another authorized person who would sign the documents for the financial dealings of the barangay. Immediately respondent faced him and maliciously, firmly and continuously pointed her right hand index finger on his face and around three (3) times with a distance of two (2) feet and I simultaneously shouted "dapat maiikat nga treasurer" (you should be removed as treasurer) and as a result, complainant felt embarrassed in the presence of around twelve (12) persons as I discrete him as a human being, dishonored him as a person and insulted him as a government employee. It was due to the foregoing that the complainant filed criminal and administrative charges against respondent for misconduct". For comparison, the respondent herein alleged in her answer that: "On April 6, 2015 at around 3:15 o'clock in the afternoon, while the Barangay Camp 7 regular meeting was on-going, we discussed several other matters and eventually, the barangay budget for the year 2015 was discussed as there have been complaints from the members of the Barangay Tanods why they were not receiving their salaries and I was being blamed because I refused to sign the budget so I explained that I was being careful as the current Chairman of the Committee on Appropriations and Bids and Awards Committee, as there have been many cases in the past when I was not yet the chairman of said committee, where our barangay


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appropriations were denied on audit due to anomalies and irregularities committed. I cited the inclusion in the budget for the year 2015, the barangay Aids who were entitled to receive their salaries when in truth and in fact they have never rendered duty, nor they have an appointment papers and with this the complainant said there is an internal arrangement that the salaries will be given to those who actually rendered services, to which I said was irregular and illegal. This is the reason I refused to sign the budget anyway it was already approved by the city council members. I said I am not in favor of internal arrangements because it is illegal under Audit Observation Memorandum (COA). It was then that complainant stood up and uttered a very disrespectful manner that I will be removed as the Chairman of the Appropriation Committee. And so I asked him what power he have to say that and that he is just an appointee as treasurer compared to them who was voted by his constituents. Complainant mischievously smiled that get me angry and then I pointed at him to as the person who ought to be removed as treasurer instead. It was just a natural reaction on my part to point to him after he succeeded in provoking me to anger but it was not malicious, firm and continuous manner that was meant and designed to discredit him as human being, dishonor him as person and insult him as a government employee. Complainant stood up and shouted in an arrogant, boisterous and disrespectful manner as though he controls the proceedings and said "e adjourn kitde daytoy nga meeting". Evidently on the allegations of both parties, their situation is a mere false impression or let as say a "mix-up emotions" that instinctively emanates for Filipino culture inherited to foreign invaders of the Philippines. The law on Code of Conduct and Ethical Standards for Public Officials and Employees or R.A. No. 6713, section 4. Par. (b) Professionalism - Public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill. Xxx. It is clear that these provisions both apply to the parties and no exemption. For instance, in Quiroz v. Orfila, the court employees' conduct of shouting at each other and quarrelling within the court premises and during working hours were considered as exhibiting discourtesy and disrespect to their co-workers and to the court itself. Their behavior was held to be contrary to the ethical standard demanded by Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees). Now, for the interest of this case, the issue shall be pounded accordingly. "In his affidavit complaint, complainant Rommel Beltran alleged that on April 6, 2015 at around 3:15 o'clock in the afternoon, he attended the regular meeting presided by Barangay Captain Danao. One of the agenda is the annual budget of the barangay for the year 2015. During the discussions, herein respondent voiced out that she does not want to sign the document relating to the barangay. The complainant commented that if respondent would not sign, then the barangay should have another authorized person who would sign the documents for the financial dealings of the barangay. Immediately respondent faced him and maliciously, firmly and continuously pointed her right hand index finger on his face and around three (3) times with a distance of two (2) feet and I simultaneously shouted "dapat maiikat nga treasurer" (you should be removed as treasurer) and as a result, complainant felt embarrassed in the presence of around twelve (12) persons as I discrete him as a human being, dishonored him as a person and insulted him as a government employee. It was due to the foregoing that the complainant filed criminal and administrative charges against respondent for misconduct". From our viewpoint of the complainant's acts, it shows that he went beyond to his official jurisdiction. Needless to say, a barangay treasurer is an appointee whose functions are limited. Limited in the sense that he is only called to join the sessions if his report is needed. But in the case at bar, he considered himself as a council member joining the discussions without metes and bounds. If is true that respondent voiced out his language maybe because there is a reasonable point on his part. The respondents' ego rose up because of complainant's attitude by directly controlling the power of the respondent judging her ability and capacity as chairman on the committee on Appropriations. The complainant acts telling directly for the respondent to be replaced by another authorized person is the same as telling to the people that he will be removed from her position. That kind of words suggest that respondent is inutile which is not acceptable. The complainant should have at least give a little respect to the respondents rank, a representative of the public that deserved a maximum obedience and respect not because she is an elected Barangay Officials much less she is woman of tenderness. We all know that a woman is deemed easily touch of profanity modes. She wants sympathy than inflammation being a feminist in character. But in the case of Baloloy v. Flores, where the respondent Sherwin M. Baloloy was charged with misconduct because: x x x complainant alleged that as he was going back to his office after delivering court documents, he noticed respondent sitting on a bench, staring menacingly at him. Without any warning, respondent stood up and boxed him several times in the face. To avoid further harm, complainant ran towards room 315 and once he was inside, the secretary therein locked the door. Respondent pursued him and started kicking and banging at the door, all the while shouting invectives at him. Respondent left after apparently sensing the alarm he was causing.


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Here, it is clear at hand that complainant didn't make any provocation in contrast to this instant petition wherein complainant had actually argued by uttering words not acceptable for any elected officials to be declared for their removal in their capacity as committee chairman. Otherwise he is more than a dictator. It connotes to our mind that complainant, being a man and an appointee should have given himself wide latitude of discretion and understanding. He should have done a ceremonial remedy by taking a manifestation to the council members. It appears actually that complainant is standing like an elected officials or a council member. His duty was to represent the chief executive as an alter ego of the Punong Barangay in the presentation of the budget to the council members and to answer queries from the member's itself. He was not there to argue because in the first place he is not a member of the barangay councils. Under the Local Government Code, Chapter 4, section 390. Composition - The Sangguniang Barangay, the legislative body of the barangay, shall be composed of the Punong Barangay as presiding officer, and the seven (7) regular sangguniang barangay members elected at large and the sangguniang kabataan chairman as members. Clearly enough, the law was adopted purposely to put harmony in the local government level. Thus, the above sections imply that barangay appointed officials should observe the parameter in order that the dictates of the law shall prevail at once. This should serve as a guidance to all appointed officials. Further, it is the presiding officer who is authorized by law to adjourn a meeting or sessions not a barangay appointee. On the part of the respondent, she admitted that she uttered the words because she was agitated by respondent's style and character that stir her emotions and didn't stop. She admitted that it was a normal act brought up because of the words of the complainant immediately judging her opinions. We agree with respondent not because she is an elected official. It is our perception that respondent as Chairman on Appropriations has all the rights to invoke whatever opinion and ideas she has in order to protect her duty as Barangay Kagawad. To emphasize her explanations of not signing the budget was "there have been complaints from the members of the Barangay Tanods why they were not receiving their salaries and I was being blamed because I refused to sign the budget so I explained that I was being careful as the current Chairman of the Committee on Appropriations and Bids and Awards Committee, as there have been many cases in the past when I was not yet the chairman of said committee, where our barangay appropriations were denied on audit due to anomalies and irregularities committed. I cited the inclusion in the budget for the year 2015, the barangay Aids who were entitled to receive their salaries when in truth and in fact they have never rendered duty, nor they have an appointment papers and with this the complainant said there is an internal arrangement that the salaries will be given to those who actually rendered services, to which I said was irregular and illegal. This is the reason I refused to sign the budget anyway it was already approved by the city council members. I said I am not in favor of internal arrangements because it is illegal under Audit Observation Memorandum (COA). Anent to the explanation of respondents of their budget simply dictates that she is curious and thus it needs more time to expedite the budget for further investigations on the alleged anomalies. She should be given the time to explain her reasons. But herein complainant who is not a barangay council immediately recited by asking her to be removed as Barangay Kagawad. Worst, the complainant even interfered the session's internal procedure by asking the adjournment of the session which is not his own volition and capacity to do so but the council members himself. An act beyond his power or authority. An act that transgresses the rule of law. It should be pointed out that respondent was only doing what is right as mandated by law, to aver: "The law on Code of Conduct and Ethical Standards for Public Officials and Employees or R.A. No. 6713, section 4. Par. (b) Professionalism - xxx…They shall enter public service with utmost devotion and dedication to duty. They shall endeavour to encourage wrong perceptions of their roles as dispensers or peddlers of undue patronage. Article XI section 1 of the constitutions provides that, Public office is a public trust. Public officers and employees must at all times be accountable in the people, serve them with utmost responsibility, integrity, loyalty and efficiency xxx. Indeed, respondent was actually in the side of the government explaining the previous anomalies committed in the barangay which should be given attention by the chief executive if indeed he is part of transparency imbedded by law. The respondent deserves the merits for being a guardian of corruption and his right not to sign the budget was because of her own investigations. If she was then outburst, it was because she doesn't want to be tainted with corruption. The act of the complainant especially on internal arrangements is actually contrary to law. Therefore, the act of the respondent in answering the complainant was a spur of the moment because of such complainant's provocation. In other words, if complainant didn't trigger the respondent then perhaps it didn't go on the extent of what was transpired in their office. Hence, respondents act is not per se improper because she was incited to the


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premeditated acts of the complainant instead of referring the matter to the proper body. Again, every officer must have to observe the proper right conduct from one another much less that they are model of the people they are serving. Sad to say, their quarrel should have been answered to be initiated by no less than the chief executive of the Barangay. This isolated case should have at least been crafted at the Barangay level based on their internal procedures. If the Barangay can level up cases brought before them then it should have followed to their offices being a good example of leaders in their constituents. Wherefore premises considered, the Division III found respondent not guilty of the offense charged and instantly dismisses the case for lack of merits. SO ORDERED. (Item 30, 31 July 2017 Agenda) 12.

Committee Report Nr. MARKET-2017-035 SECOND READING FOR PUBLICATION Proposed Ordinance Nr. PO 0140-17 introduced by Hon. Leandro B. Yangot Jr. entitled, "Anti-Scalping Ordinance in the City of Baguio." (NOTE: [a] FIRST READING 24 July 2017 Regular Session [Agenda Item Nr 9]; and [b] Rule IV, Sec. 2. B. a. of the Internal Rules of Procedure states "Second reading (Publication). The committee concerned shall report out proposed penal or regulatory ordinances in due and proper form for publication in at least one newspaper of general circulation in Baguio City before the same shall again be calendared for second reading and be considered by the Sangguniang Panlungsod adopting the following procedures: (a) Second reading of the proposed ordinances (title only). Discussion shall be allowed.)

The Committee on Market, Trade, Commerce and Agriculture recommends APPROVAL ON SECOND READING AND FOR PUBLICATION of the proposed ordinance. (Item 33, 31 July 2017 Agenda) 13.

Committee Report Nr. DIV2-2017-005 Letter dated 03 August 2016 of Barangay Kagawad Angelina C. Ramos, et al., Camp 7 Barangay to Hon. Vice Mayor Edison R. Bilog, submitting their Sworn Verification/Certification complaint dated 17 August 2016 against Punong Barangay Constancio F. Danao, Camp 7 Barangay. (NOTE: The above case is docketed as Barangay Administrative Case No. 10-2016.)

The Committee on Barangay Admin Case (Division 2) recommends APPROVAL of the attached Resolution the dispositive portion of which reads, as follows: .... "WHEREFORE, premises considered, the Division recommends judgment finding the respondent Punong Barangay Constancio F. Danao of Camp 7 Barangay, guilty of serious or grave dishonesty and serious or grave misconduct and be meted the penalty of suspension for a maximum period of six (6) months without prejudice to the provisions of paragraph (6) of Section 66 of Republic Act 7160, known as the Local Government Code of 1991". (Item 50, 31 July 2017 Agenda) J.

14.

COMMITTEE REPORTS:

Committee Report Nr. MARKET-2017-036 SECOND READING AFTER PUBLICATION Proposed Ordinance Nr. PO 0117-17 introduced by Hon. Leandro B. Yangot Jr. entitled, "Establishing a branding system to raise the quality, standards and marketability of Baguio-made products." (NOTE: [a] FIRST READING 03 July 2017 Regular Session [Agenda Item Nr 6]; and [b] Rule IV, Sec. 2. B. a. of the Internal Rules of Procedure states "Second reading (Publication). The committee concerned shall report out proposed penal or regulatory ordinances in due and proper form for publication in at least one newspaper of general circulation in Baguio City before the same shall again be calendared for second reading and be considered by the Sangguniang Panlungsod adopting the following procedures: (a) Second reading of the proposed ordinances (title only). Discussion shall be allowed. [c] The above proposed ordinance was posted on the bulletin boards of City Hall, Baguio City Public Market, Baguio City Post Office, Baguio City Library and the Baguio City Health Services Office starting 19 July 2017. It was also published in the Sun Star issue of 22 and 23 Jul y 2017.)

(Item 19, 17 July 2017 Agenda)

The Committee on Market, Trade, Commerce and Agriculture recommends APPROVAL ON SECOND READING AFTER PUBLICATION of the above proposed ordinance. 15.

Committee Report Nr. HEALTH-2017-044 SECOND READING AFTER PUBLICATION Proposed Ordinance Nr. PO 0047-17 introduced by Hon. Elaine D. Sembrano and Hon. Faustino A. Olowan entitled, "Providing for regulations in the conduct of medical missions and similar undertakings in the City of Baguio." (NOTE: [a] FIRST READING 03 April 2017 Regular Session [Agenda Item Nr 04]; and [b] Rule IV, Sec. 2. B. a. of the Internal Rules of Procedure states "Second reading (Publication). The committee concerned shall report out proposed penal or regulatory ordinances in due and proper form for publication in at least one newspaper of general circulation in Baguio City before the same shall again be calendared for second reading and be considered by the Sangguniang Panlungsod adopting the following procedures: (a) Second reading of the proposed ordinances (title only). Discussion shall be allowed.


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[c] The above proposed ordinance was posted on the bulletin boards of City Hall, Baguio City Public Market, Baguio City Post Office, Baguio City Library and the Baguio City Health Ser vices Office starting 08 May 2017. It was also published in Baguio Herald Express March 7, 2017 is sue.)

(Item 30, 24 April 2017 Agenda)

Considering the inputs during the Public Hearing on the above proposal on July 4, 2017, the Committee on Health and Sanitation, Ecology and Environment Protection recommends APPROVAL ON SECOND READING AFTER PUBLICATION of the above proposed ordinance as amended. A copy of the amended proposed ordinance is hereto attached and forms part of this committee report. Hon. Edgar M. Avila, Member of the Committee signified, "The proposed ordinance would discourage NGO's from doing charity work and we cannot by legislation regulate charity work." 16.

Committee Report Nr. BRGY-2017-102 Letter dated 24 July 2017 of PB Alberto V. Reyes, Palma-Urbano Barangay, resubmitting Ordinance No. 04, series of 2017 of Palma-Urbano Barangay entitled, "An ordinance updating Barangay Ordinance 001, series of 2008 and adopting City Tax Ordinance 2011-01 series of 2011." (NOTE: The matter was returned to the barangay on 13 June 2017 without favorable review as agreed upon during the 05 June 2017 Regular Session.)

Considering that the barangay has reflected the required amendments as agreed during the 05 June 2017 Regular Session, the Committee on Barangay Affairs recommends FAVORABLE REVIEW the above barangay ordinance. 17.

Committee Report Nr. BRGY-2017-103 Proposed Resolution Nr. PR 0139-14 introduced by the Hon. Vice Mayor Edison R. Bilog entitled, "Revising the rules for the raffling of administrative cases filed against elective barangay officials." The Committee on Barangay Affairs recommends APPROVAL the above proposed resolution.

18.

Committee Report Nr. UPLH-2017-022 SECOND READING FOR PUBLICATION Proposed Ordinance Nr. PO 0141-17 introduced by Hon. Elaine D. Sembrano entitled, "Amending Section 4 of Ordinance Numbered 19, series of 2009, 'Providing for the guidelines in monitoring subdivisions and other real estate development in the City of Baguio and penalties for violations thereof'." (NOTE: Ord. 19, s eries of 2009 PROVIDED FOR THE GUIDELINES IN MONI TORING SUBDIVISIONS AND OTHER REAL ESTATE DEVELOPMENT IN THE CITY OF BAGUIO AND PENALTIES FOR VIOLATIONS THEREOF.) (NOTE: [a] FIRST READING 24 July 2017 Regular Session [Agenda Item Nr 10]; and [b] Rule IV, Sec. 2. B. a. of the Internal Rules of Procedure states "Second reading (Publication). The committee concerned shall report out proposed penal or regulatory ordinances in due and proper form for publication in at least one newspaper of general circulation in Baguio City before the same shall again be calendared for second reading and be considered by the Sangguniang Panlungsod adopting the following procedures: (a) Second reading of the proposed ordinances (title only). Discussion shall be allowed.)


The Committee on Urban Planning, Lands and Housing recommends APPROVAL ON SECOND READING AND FOR PUBLICATION of the proposed ordinance. 19.

Committee Report Nr. UPLH-2017-023 Proposed Resolution Nr. PR 0119-17 introduced by Hon. Faustino A. Olowan entitled, "A resolution requesting the Department of Agriculture-Regional Field Unit (DA-RFU-CAR), BPI Compound, Guisad, Baguio City thru Atty. Marjorie P. Ayson, Regional Director to cause the donation of a parcel of land located at Dontogan Barangay in favor of the Department of Education-CAR (DepEd)." The Committee on Urban Planning, Lands and Housing recommends APPROVAL of the above proposed resolution of Councilor Faustino A. Olowan.

20.

Committee Report Nr. UPLH-2017-024 Proposed Resolution Nr. PR 0137-17 introduced by Hon. Elaine D. Sembrano entitled, "A resolution in aid of legislation, urging the City Planning and Development Office to conduct a general inspection of all on-going development and construction activities whether issued locational and other permits or not, in the City of Baguio pursuant to Ordinance 19, series of 2009 and to submit its report to the City Council within thirty (30) days upon approval hereof." (NOTE: Ord. 19, s eries of 2009 PROVIDED FOR THE GUIDELINES IN MONITORING SUBDIVISIONS AND OTHER REAL ESTATE DEVELOPMENT IN THE CITY OF BAGUIO AND PENALTIES FOR VIOLATIONS THEREOF.)

The Committee on Urban Planning, Lands and Housing recommends APPROVAL of the above proposed resolution.


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21.

Committee Report Nr. LAWS-2017-061 Letter dated 24 July 2017 of Mr. Alex B. Cabarrubias, City Treasurer submitting the duly accomplished Lease Contracts of Lessees of City-owned lots for confirmation by the august body: 1. Heirs of Alfredo Rillera Sr., by : Alfredo P. Rillera Jr.; 2. Manadlang, Corazon; 3. Balanggoy, Patricia P.; 4. Spouses Joseph and Lilian Loyosen; 5. Reyes, Alicia M.; 6. Heirs of Placida B. Castillo, by: Manuel Pacsoy Sr.; 7. Pancho, Petrona Severo, by: Sabrina Marie A. Gimeno; 8. Heirs of Caridad Acop, by: Sabrina Marie A. Gimeno; 9. Tajan, Jose Ong; 10. Langpuyas, Antonia; 11. Manadlang, Domingo, by: Dolores Liquete; 12. Liquete, Juan, by: Dolores Liquete 13. Tan, Icasio, by: Wilburn Tan; 14. Budhrani, Chandru; 15. Choy, Gregory W.; 16. Heirs of Ireneo Salas, by: Atty. Gabino Chao-ayan; 17. Heirs of Carlos Kwan, by: John Huang Kwan; 18. Javillonar, Melinda O.; 19. Amistad, Itong, by: Wilburn Tan; 20. Aoyong, Antonio; 21. Heirs of Juanita G. Rodriguez, by: Lydia G. Rodriguez; 22. Heirs of Carolina Ortega, by: Erwin Ortega; 23. Heirs of Gelacio Munsayac, by: Lily Munsayac-Sunga; 24. Heirs of Gertrudes Reyes, by: Virgilio Reyes; 25. Reyes, Alicia M.; 26. Songcuan, Carmen Gracia, by: Arnolfo G. Songcuan; 27. Umali, Arsenia, by: Manuel C. Javillonar Jr.; 28. Sevilla, Carmen, by: Nancy M. Ampaguey; 29. Heirs of Marcelino Cornel, by: Danny Yu Cornel; 30. Caspillan, Sergia, by: Wilburn Tan; 31. Heirs of Primitivo Juralbal, by: Evangeline J. Valdez; 32. Garcia, Gelacio, by: Wilburn Tan; 33. Villa, Juanito, by: Ludivico Dy; 34. Hora, Gregoria, by: Jose Hora Dado Jr.; 35. Dominguez, Caridad E. by: Elorde Glenn T. Galvez; 36. Tek, Liong Tan, by: Michael Tan; 37. Genato, Amelita, by: Glades D. Somebang; 38. Spouses Peter and Apolonia Agwiking; 39. Payaoan, Teofilo, by: Mary Daisy D. Poyaoan; and 40. Grutas, Marina Castaneda The Committee on Laws, Human Rights and Justice recommends CONFIRMATION of the Contracts of Lease by and between the City Government of Baguio and the above mentioned lessees of the City-owned lots.

22.

Committee Report Nr. LAWS-2017-062 SECOND READING AFTER PUBLICATION a. Proposed Ordinance Nr. PO 0111-16 introduced by the Hon. Vice Mayor Edison R. Bilog entitled, "Amending Section 1 of Ordinance No. 88, series of 2009, and reverting a provision under Section 2 of Ordinance Numbered 25, series of 1987 [Revised Liquor Ordinance of the City of Baguio], which was inadvertently omitted after amendments". NOTE: [a] FIRST READING -24 October 2016 Regular Session [Agenda Item Nr. 48]; and [b] Rule IV, Sec. 2. B. a. of the Internal Rules of Procedure states "Second reading (Publication). The committee concerned shall report proposed penal and regulatory ordinance in due and proper form for publication in at least one newspaper, of general circulation in Baguio City before, the same shall again be calendared for second reading and be considered by the Sangguniang Panlungsod on second reading of the proposed ordinances, discussion shall be allowed" [c] The above proposal was published in the Midland Courier issue of 27 November 2016 and posted on four conspicuous places starting 25 November 2016.)

b. Letter dated 21 November 2016 of PS/Supt. Ramil Ladyong Saculles, Acting City Director, BCPO, submitting their evaluation and recommendation on the proposed amendment to Section 1 of City Ordinance No.88, series of 2009. The Committee on Laws, Human Rights and Justice recommends APPROVAL ON SECOND READING AFTER PUBLICATION AND POSTING taking into consideration the recommendation of PS/Supt. Ramil Ladyong Saculles, Acting City Director, BCPO as embodied in his letter dated 21 November 2016 that hours of operation of business establishments with amusements such as bars and night clubs should not be beyond 12:00 o'clock midnight with the exception of those liquor-oriented establishments duly accredited by the Department of Tourism. Hon. Edgar M. Avila, Member of the Committee signified, "we concur with CD-BCPO".


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23.

Committee Report Nr. UPLH-2017-025 1st Indorsement dated 03 July 2017 of Ms. Gloria S. Evangelista, Supervising Administrative Officer, City Mayor's Office, forwarding the Deed of Absolute Donation dated 28 June 2017 for a parcel of land made and executed by Spouses Alberto Y. Goc-oban and Lilia B. Goc-oban in favor of the City Government of Baguio. (NOTE: The matter is related to the letter dated 22 November 2012 of Spouses Alberto Y. Goc-oban and Lilia B. Goc-oban, offering to sell to the City of Baguio the 90 square meter lot covered by TCT No. 018-2012002259 which is being encroached by the city used as access road by the residents of Mirador Hill Subdivision, Baguio City which was forwarded to the Committee on Urban Planning, Lands and Housing on 28 November 2012.)

The Committee on Urban Planning, Lands and Housing recommends CONFIRMING ACCEPTANCE OF THE DONATION of a parcel of land covered by Transfer Certificate of Title No. 018-201200225 situated at Res. Sec. "K" containing an area of ninety (90) square meters, more or less donated by Spouses Alberto Y. Goc-oban and Lilia B. Goc-oban. In consideration of the love and patriotism which the Donor holds for the Donee and as act of generosity, said Donor cedes, transfers and conveys, by way of Donation the real estate described above for public use of the city as a road free from liens and encumbrances. On June 28, 2017 a Deed of Absolute Donation was made and executed between the City of Baguio as Donee represented by the Honorable Mayor Mauricio G. Domogan and the Spouses Alberto and Lilia Goc-oban as Donors. 24.

Committee Report Nr. UPLH-2017-026 a. Letter dated 18 August 2016 of Juliet Yugawen filing a complaint against Ms. Dolores Manacdol and Ms. Tomasa Mamingyao on the application for transfer of rights over Lot 14, Block 29, Baguio Workingmen's Village, Brookspoint Barangay, Baguio City containing an area of 511 square meters since the survey they conducted overlapped the lot the complainant is currently occupying. b. Letter dated 29 June 2016 of Ms. Dolores D. Manacdol to Hon. Leandro B. Yañgot Jr., submitting her application for the transfer of rights over Lot 14, Block 29, Baguio Workingmen's Village, Brookspoint Barangay, Baguio City, containing an area of 511 square meters, in her favor. There are pending applications for Transfer of Rights in the City Council from both parties identifying the same subject lot stated above. The committee cannot act on such request unless the parties settle their boundary issues. In the actual site inspection conducted and review of pertinent documents submitted, findings are as follows: a. The subject lot application of Ms. Dolores Manacdol is located along Brookspoint Barangay, Baguio City; b. The subject lot has an area of Five Hundred Eleven (511) square meters more or less as per survey plan submitted; c. Lot 14, Block 29 was previously awarded to Ms. Tomasa Mangyao (Manengyao) by virtue of City Council Resolution No. 2017-70 dated May 20, 1970; d. Ms. Mangyao (Manengyao) executed an Affidavit of Waiver in favor of the applicant Ms. Manacdol, dated March 2014, the lot together with the improvements existing thereon; e. Letter dated 18 August 2016 of Ms. Juliet Yugawen addressed to Hon. Edgar M. Avila requesting to hold in abeyance the processing of transfer of the lot application of Ms. Dolores Manacdol alleging that the survey they conducted overlapped the lot they are presently occupying and that two years ago, Ms. Manacdol and Ms. Mangyao (Manengyao) came to their house to make them sign a paper regarding the survey of the lot but they did not sign the paper; It is recommended that both parties shall hire the services of a Geodetic Engineer of their choice TO CONDUCT JOINT RELOCATION SURVEY to determine the actual metes and bounds of their respective properties/lot applications to be witnessed by Geodetic Engineers of the City Government before the Committee can act on the request of Ms. Manacdol.

25.

Committee Report Nr. TOURISM-2017-026 Resolution No. 106, series of 2017 of Municipality of Kapangan entitled, "Confirming the Memorandum of Understanding between the City of Baguio represented by the City Mayor Honorable Mauricio G. Domogan and the Municipality of Kapangan represented by the Municipal Mayor Honorable Manny E. Fermin, for the sisterhood ties." The Committee on Tourism, Special Events, Parks and Playgrounds recommends that Resolution No. 106, series of 2017 of Municipality of Kapangan be accepted. It is further recommended that the said resolution be reciprocated by the City Council of Baguio by likewise confirming the aforesaid Memorandum of Understanding on joint and collective motion of all.


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26.

Committee Report Nr. TOURISM-2017-027 Letter dated 29 June 2017 of CSV Metodio B. Maraguinot Jr., Founder and Chair, Convention Chair, Youthlead Philippines proposing a partnership with the City Government of Baguio as the Convention's Host City during the Sixth Philippine I Transform! Young Leaders Convention (PHYLC) to be held on 22 to 25 September 2017 in Teacher's Camp and to provide a tourist assistance desk and at least 5 PNP security personnel to secure the parameter of the venue and the assignment of a point person who will act as the PNP's liaison with YLP. The Committee on Tourism, Special Events, Parks and Playgrounds recommends co-sponsoring the aforesaid event by providing the necessary assistance as requested by Youthlead Philippines through its Founder and Chair CSV Metodio B. Maraguinot, Jr. The committee therefore recommends that the Baguio City Tourism Office and the Baguio City Police Office be requested to give the necessary assistance to Youth Lead Philippines. It is likewise recommended that the organizer be advised to coordinate with the foregoing offices relative to their requests.

27.

Committee Report Nr. A&F-2017-082 a. Resolution No. 97, series of 2017 of Gibraltar Barangay entitled, "A resolution requesting Honorable Maria Mylen Victoria G. Yaranon to allocate funds for the construction of drainage canal at Loy-odan's place at Purok 4-East in the sum of Two Hundred Thousand Pesos (Php200,000.00)." b. Resolution No. 21-2017, series of 2017 of Pucsusan Barangay entitled, "A barangay resolution requesting the office of Hon. Faustino A. Olowan to allocate fund in the amount of Two Hundred Thousand Pesos (Php200,000.00) for the construction of drainage canal near Pucsusan Chapel at Purok 3, Pucsusan Barangay, City of Baguio." c. Resolution No. 100, series of 2017 of Gibraltar Barangay entitled, "A resolution requesting Honorable Edgar M. Avila to allocate funds for the continuation of evacuation center at Purok 6, in the sum of Two Million Pesos (Php2,000,000.00)." d. Resolution No. 20, series of 2017 of Imelda Marcos Barangay entitled, "A resolution requesting the Honorable City Councilor Lilia A. Fariñas for the possible funding of the rehabilitation of the multi-purpose building in the amount of Three Hundred Thousand Pesos (Php300,000.00)." e. Resolution No. 076, series of 2017 of Irisan Barangay entitled, "A resolution requesting Councilor Edgar M. Avila the amount of One Million Pesos (Php1,000,000.00) for the construction of bleachers of t he Irisan barangay covered court at Elpidio Quirino Elementary School, Purok 2, Irisan, Baguio City." f. Resolution No. 21, series of 2017 of San Vicente Barangay entitled, "A resolution requesting the Office of the City Councilor Edgar M. Avila to include in his priority based projects/to allocate funds for the improvement of waterways at San Vicente, Baguio City." The Committee on Appropriations and Finance recommends that the above barangay resolutions be forwarded to the City Development Council for possible inclusion in the listing of priority projects of the city.

28.

Committee Report Nr. MARKET-2017-037 Letter dated 09 June 2015 of Mr. Salvador Basbas, et. al., regarding their opposition to the planned construction of additional corrals at Slaughterhouse Compound, Baguio City. (NOTE: The above matter is related to the letter dated 06 April 2015 of Engr. Leo C. Bernardez Jr., City Engineer to Hon. City Mayor Mauricio G. Domogan, Dr. Brigit P. Piok, City Veterinarian and the Honorable Members of the City Council relative to the letter dated 30 March 2015 of Ms. Janet Cabanas et al., corral users of the Livestock Market at Slaughterhouse Compound and submitting for information and guidance their undertakings relative to the corrals thereat. This was referred to the Committee on Market, Trade and Commerce on 08 April 2015.)

(Item 2, 03 August 2015 Agenda)

The Committee on Market, Trade, Commerce and Agriculture recommends that the above matter be noted. As per letter dated 28 July 2017 of Mr. Alex B. Cabarrubias, City Treasurer, Baguio City, the Baguio City Market Authority (BCMA) who exercises direct and immediate supervision and control over the city public market resolved to approve the construction of additional three (3) corrals at the Slaughterhouse Compound and that a final plan and recommendation will be submitted by the CBAO for the consideration of the BCMA. A copy of the said letter is hereto attached to form part of this report. 29.

Committee Report Nr. MARKET-2017-038 Matters raised during the Citizens Forum of the 28 September 2015 Regular Session of the Sangguniang Panlungsod in relation to the implementation of Resolution Numbered 60-A-88 (Granting the request of the market mini-park vendors to occupy that site behind the Hilltop Hotel, and requesting the City Engineer to asphalt their proposed relocation site.) (Item 31, 12 October 2015 Agenda) The Committee on Market, Trade, Commerce and Agriculture recommends that the above matter be noted for having been moot and academic. As per letter dated 28 July 2017 of Mr. Alex B. Cabarrubias, City Treasurer, Baguio City, the subject area has already been renovated and made part of Block IV relocation vending area. Further, stalls or vending that were generated in the area have already been awarded to qualified displaced vendors. A copy of the said letter is hereto attached to form part of this report.


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30.

Committee Report Nr. PWORKS-2017-029 a. 1st Indorsement dated 25 May 2017 of Hon. City Vice Mayor Edison R. Bilog, forwarding the letter dated 25 May 2017 of PB Carlos P. Ananayo, Lower Rock Quarry Barangay requesting the conduct of an investigation relative to the ongoing building construction located at No. 24 Lower Rock Quarry. b. Marginal Notation dated July 17, 2017 of Hon. City Mayor Mauricio G. Domogan on the unsigned Resolution Numbered 235, series of 2017 entitled, "The construction of the additional two (2) floors is suspended per recommendation of Engr. Nazita F. Bañez and a structural review be conducted immediately to find out if the additional 2 floors are structurally safe. The 5 floors are safe according to Engr. Bañez." (NOTE: Resolution Numbered 235, series of 2017 entitled, "Requesting spouses Manolito and Ellen Patawaran to temporarily stop their ongoing building construction at 24 L ower Rock Quarry Barangay, Baguio City" was forwarded to the Office of the City Mayor on 07 July 2017 and was returned unsigned to the Office of the City Secretary on 18 July 2017.)


a. The Committee on Public Works recommends that the matter be NOTED. The August Body went to conduct an investigation at the said site on July 24, 2017 in the morning. A registered and licensed structural engineer is essentially needed to certify that the building is structurally safe. b. The Committee on Public Works recommends APPROVAL of the above-mentioned matter. OTHER MATTER/S: K.

L.

CITIZENS' FORUM

M.

CLOSING PRAYER Hon. ELMER O. DATUIN shall lead the closing prayer.

N.

BAGUIO HYMN

O.

ADJOURNMENT

comsec svdeguzman


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