Republic of The Philippines Sangguniang Panlungsod City of Baguio Regular Session, 11 September 2017, 2:00 P.M. Session Nr. 28

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Republic
. cSANGGUNIANG PANLUNGSOD
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REGULAR SESSION, 11 SEPTEMBER 2017, 2:00 P.M.
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SESSION NR. 28
A. CALL TO ORDER
The Presiding Officer Hon. Vice Mayor EDISON R. BILOG
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.NATIONAL
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Invocation and Scripture Reading
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Hon. LILIA A. FARIAS shall lead the invocation and Scripture Reading.
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C. BAGUIO MARCH
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D. ROLL CALL
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E.
Hon. MICHAEL L. LAWANA
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RECITATION OF THE PHILIPPINE COUNCILORS'
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Creed.
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F. w Session: 27th Regular Session on September 4, 2017.
Minutes of the Regular ww
G. INVITATIONS:
1. 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
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Number 5-02-99-990 the amount of Two Million Three Hundred Ten Thousand Pesos
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(Item 1, 07 August 2017 Agenda)
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(NOTE: [A] The above matter was withdrawn by Hon. Maria Mylen Victoria G. Yaranon during the
07 August 2017 Regular Session.
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[B] The following personalities were requested to be present in today's meeting to be resource persons in aid
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of legislation relative to the feasibility study for the rehabilitation and retrofitting of the Baguio Convention
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Center:
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[a] Engr. Rene F. Zarate, Officer-in-Charge District Engineer, Baguio City District Engineering Office,
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DPWH-CAR;
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[b] Arch. Joy Hakcholna, United Architect of the Philippines Summer Capital Chapter;
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[c] Arch. Miguel Caluza, United Architect of the Philippines Baguio Chapter;
[d] Rev. Fr. Gilbert B. Sales, CICM, Phd Ed; and
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[e] Mr. Ray Dean D. Salvosa, President, University of the Cordilleras.)
2a. Letter dated 01 June 2017 of Mr. Dexter D. Chan, HBC Aggregates requesting an endorsement as
required by LTFRB for his new application of school service franchise.
2b. 1st Indorsement dated 29 May 2017 of Hon. City Vice Mayor Edison R. Bilog forwarding the letter
dated 26 May 2017 of Mr. Apollo de Luna, Procurement and Logistics Director, Texas Instrument
(Philippines) Inc., requesting that GM Joe Tours and Transport Corporation's application for shuttle
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bus franchise be granted as a replacement for the current franchise of Regga Transport Inc.
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(NOTE: Atty. Jose Eduardo L. Natividad, Regional Director, Department of Transportation (DOTr)-CAR was
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invited to be present in today's meeting as a resource person in aid of legislation relative to the moratorium on
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acceptance of application for PUV services in the City of Baguio.)
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3.
Balajadia and Nicasio S. Palaganas "Implementing n
Proposed Ordinance Nr. PO 0115-12 of Hon. Edison R. Bilog
cil and then Councilors Erdolfo V.
o u forced evacuation plan as a resort when disaster
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or emergency has been declared in the City of Baguio and danger of lives becomes imminent,
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providing penalties thereof and for other purposes." (Item 13, 14 August 2017 Agenda)
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(NOTE: The following personalities were requested to be present in todays' meeting to be resource persons
in aid of legislation relative to the above proposal: w
[a] Atty. Carlos M. Canilao, City Administrator and Action Officer, City Disaster Risk Reduction and
Management Committee (CDRRMC);
[b] Ms. Evelyn B. Trinidad, Ceso V, City Director, Department of Interior and Local Government-Baguio City
Field Office;
[c] Mr. Andrew Alex H. Uy, Regional Director, Office of the Civil Defense - CAR; and
[d] Ms. Janet P. Armas, Officer-in-Charge Regional Director, Department of Social Welfare and
Development - CAR.)
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4. Letter dated 18 August 2017 of Hon. City Vice Mayor Edison R. Bilog, requesting the presence of
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the officer in charge or duly authorized representatives of the following offices to attend the Regular
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Session on 11 September 2017 at the SP Session Hall, City Hall, Baguio to shed light in aid of
at DPS Compound Barangay:

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legislation the on-going construction of the City Building and Architecture Office (CBAO) located
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[a] City Buildings and Architecture Office;
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[b] PB Ariel Del Monte; DPS Barangay; and ww
[c] Barangay Kagawads, DPS Barangay.
(Item 40, 04 September 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] Engr. Nazita F. Baez, City Building Official;
[b] Punong Barangay Ariel P. Del Monte; and
[c] The Honorable Members of the Sangguniang Barangay of DPS Compound.)
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H. MATTERS FOR REFERRAL TO COMMITTEE
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5. FIRST READING:Referral to Committee
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Proposed Ordinance Nr. PO 0168-17 introduced by Hon. Leandro B. Yangot Jr. entitled,
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"Regulating tattoo and body piercing establishments from tattooing and piercing minors in the City
of Baguio and providing penalties for violation thereof and other purposes."
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Proposed Ordinance Nr. PO 0170-17
unlawful for any personw
introduced by Hon. Edgar M. Avila entitled, "Declaring it
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to make or cause 'excessive, unnecessary, or unusually loud sounds' from
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audio devices within residential areas and public streets and for other purposes."
(NOTE: Ord. 17, series of 2008 AMENDED ORDINANCE NUMBERED 112-88 (AN ORDINANCE
REQUIRING FOLKDENS, FOLKHOUSES, DISCO PADS, NIGHT CLUBS AND OTHER SIMILAR
ESTABLISHMENTS WHERE LIVE MUSIC IS PLAYED AS PART OF THE ENTERTAINMENTS OR
ATTRACTION NEAR, BESIDE OR ADJACENT TO HOTELS, INNS AND RESIDENTIAL HOUSES TO
INSTALL AND PROVIDE SOUND PROOF DEVICES OR NOISE ABSORBERS AND SIMILAR FACILITIES
TO MINIMIZE, LESSEN AND DECREASE THE VOLUME OF THE SOUND COMING THEREFROM.)

h Proposed Ordinance Nr. PO 0172-17 introduced by Hon. Leandro B. Yangot Jr. entitled,
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v.p "Strengthening and institutionalizing the search for the cleanest and greenest and barangays that
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need improvement in the City of Baguio, providing funds therefore and for other purposes."
o. 8. FIRST READING:Referral to Committee

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Proposed Ordinance Nr. PO 0173-17 introduced by Hon. Elaine D. Sembrano entitled, "Establishing
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a paging or public address system along major thoroughfares, overpasses, parks, public buildings
and other open places frequented by the public within the central business district."
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Proposed Ordinance Nr. PO 0174-17 introduced by Hon. Elaine D. Sembrano and Hon. Maria
Maylen Victoria G. Yaranon entitled, "Regulating the establishment of gaming sites authorized by
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PAGCOR in the City of Baguio."
I. DEFERRED MATTERS:
10. Committee Report Nr. PUTTL-2017-113

Ordinance No. 01, series of 2017 of Upper Quezon Hill Barangay entitled, "Amending the Barangay
Ordinance No. 3, series of 2013, 'Setting a one way traffic scheme along Chrome street to Tin street
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fronting the Barangay Hall, Upper Quezon Hill' to '24 hours traffic scheme, Mondays to Sundays
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(NOTE: In letters dated 16 August 2017 of Atty. Brenner L. Bengwayan, Secretary to the Sanggunian,
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reminded Hon. Benny M. Bomogao and Hon. Michael L. Lawana, to discuss during the Punong Barangay's
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monthly meeting of September 8, 2017 the matter of barangay ordinances imposing parking fees and setting
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one way scheme on barangay roads.)
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The Committee on Public Utilities, Transportation and Traffic Legislation recommends
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FAVORABLE REVIEW of the barangay ordinance. (Item 22, 14 August 2017 Agenda)
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11. Committee Report Nr. SSWUP-2017-015
SECOND READING FOR PUBLICATION
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Proposed Ordinance Nr. PO 0155-17 introduced by Hon. Joel A. Alangsab, Hon. Benny O.
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Bomogao, Hon. Lilia A. Farias and Hon. Elaine D. Sembrano entitled, "Prohibiting gender-based
street and public spaces harassment in Baguio City and prescribing penalties thereof, and for other w
purposes."
(NOTE: [a] FIRST READING 14 August 2017 Regular Session [Agenda Item Nr 5]; 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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11 September 2017 Agenda
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The Committee on Social Services, Women and Urban recommends that the above
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proposed ordinance be APPROVED ON SECOND READING PUBLICATION.
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(Item 11, 04 September 2017 Agenda)
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J. wwCOMMITTEE REPORTS: ww
12. Committee Report Nr. TOURISM-2017-030
Resolution No. 33, series of 2017 of San Juan City, Metro Manila entitled, "A resolution
establishing a sisterhood relation between Baguio City and San Juan City, Metro Manila."
(NOTE: Res. 261, series of 2017 EXPRESSED GRATITUDE AND ACCEPTING THE OFFER OF THE CITY
OF SAN JUAN TO FORGE SISTERHOOD TIES WITH THE CITY GOVERNMENT OF BAGUIO.)
v.Onp10hJuly 2017, the City Council has passed Resolution Numbered 261, series of 2017 ph
expressing gratitude and accepting the offer of the City of San Juan to forge sisterhood ties v.
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the City Government of Baguio. By virtue of said resolution, the Sisterhood and
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Twinning Committee was requested to make the necessary arrangements in the realization
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the aforementioned sisterhood relationship.
recommends that the above matter be acknowledged.cil

In view of the foregoing, the Committee on Tourism, Special. b
Events, Parks and Playgrounds
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13.
.cMayor Mauricio G. Domogan requesting change of title of
Committee Report Nr. PWORKS-2017-034
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the project funded under the w w
Letter dated 12 May 2017 of Hon. City
ww of the Forest Nursery at Ambuklao Road" in the amount of ww

2011 Development Fund from "Completion of Forest Nursery at
Ambuklao Road" to "Development
Three Million Peso (Php3,000,000.00).
The Committee on Public Works recommends APPROVAL of the above-mentioned matter.

Further recommends APPROVAL of the attached Proposed Ordinance Nr. PO 0171-17 on
FIRST READING DISPENSING WITH THE SECOND AND THIRD READINGS.
14. Committee Report Nr. PWORKS-2017-035

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Proposed Resolution Nr. PR 0168-17 introduced by Hon. Leandro B. Yangot Jr. entitled, "A
v resolution urging the City Engineering Office to cause the immediate repair of the road cut located
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o. The Committee on Public Works recommends APPROVAL of the above-mentioned matter.
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15. Committee Report Nr. A&F-2017-096
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a. Proposed Ordinance Nr. PO 0097-17 introduced by Hon. Elmer O. Datuin, Hon. Edgar M. Avila
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and Hon. Peter C. Fianza entitled, "Approving and adopting the 2016 Proposed Schedule of
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Market Values (SMV) for residential, commercial, and industrial lands in the City of Baguio,
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amending the assessment of levels to be applied thereto, and providing staggered implementation
of the increase."
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(NOTE: The above proposed ordinance was posted on the bulletin boards of City Hall, City Public Market,
Baguio City Post Office, Baguio City Library and the Baguio City Health Services Office starting 29 May 2017.
It was also published for three consecutive days on June 1, 2, 3 and 4, 2017 issue of The Sun.Star Baguio.)
b. Letter dated 13 March 2017 of Hon. City Mayor Mauricio G. Domogan, to the Hon. Vice Mayor
and Members of the City Council forwarding for information and action a photocopy of the letter
of Mr. Carlos G. Dominguez, Secretary of Finance, Department of Finance for updating the
Schedule of Market Values (SMV) of Real Property and Conducting a General Revision of
Property Assessment and Classifications in Baguio City which was approved on second reading
for publication on May 22, 2017.
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c. Position Paper filed by Ms. Feliza M. Ronquillo, Chairman of the Board and Engr. Ernesto C.
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Panis, President, both of Chamber of Real Estate and Builders Association, (CREBA) Inc.-
o v Baguio-Benguet Chapter, re: The unit base market value for commercial and residential lands in
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the City of Baguio General Revision as proposed by the City Council of the City of Baguio.
d. Position Paper dated 12 May 2017 filed by Mr. Modesto B. Imayaho Sr., President/Director,
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Philippine Chamber of Commerce and Industry- Baguio-Benguet Chapter, Inc., relative to the
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2016 Proposed Schedule of Market Values for Land in the City Government of Baguio.
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e. 1st Indorsement dated 12 October 2016 of the Office of the City Mayor Mauricio G. Domogan,
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forwarding for information and appropriate action the letter dated 28 September 2016 of
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Ms. Maria Almaya C. Addawe, City Assessor, submitting the 2016 Proposed Schedule of Market
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Values for Land in the City Government of Baguio.
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f. 1st Indorsement dated 12 March 2015 of the Office of Hon. City Mayor Mauricio G. Domogan,
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forwarding for information and appropriate action the letter dated 13 February 2015 of Ms. Nilda
B. Navarro, City Assessor, submitting the Proposed Schedule of Fair and Current Market Values
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for Land, Buildings and Machinery for the period 2015-2017.
g. Letter dated 13 November 2013 of Ms. Nilda B. Navarro, City Assessor, regarding the status of
their proposed Schedule of Market Values and proposing the adoption of the assessment levels
indicated under Section 218 of the Local Government Code or R.A. 7160 in their enactment of an
Ordinance adopting the proposed Schedule of Market Values.
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h. Letter dated 31 August 2010 of Mr. Augustus E. Medina, cifor City Assessor, submitting for approval
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the proposed schedule of Fair and Current Market Values land, buildings, machineries, plants
Valorem tax to be adopted.

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and trees and requesting the Hon. City Council to determine the rate of assessment level and Ad
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i. Proposed Ordinance Nr. PO 001-09 of the late City Councilor Galo D. Weygan Increasing 30%
the schedule of w
fair market values for lands in the City of Baguio. ww
(w/ Item 29, 03 July 2017 Agenda)
j. Special Resolution submitted by Mr. Errol Tagle, Onjon Ni Ivadoy as a response to Proposed
Ordinance Nr. PO 0097-17 introduced by Hon. Elmer O. Datuin, Hon. Edgar M. Avila and
Hon. Peter C. Fianza entitled, "Approving and adopting the 2016 Proposed Schedule of Market
Values (SMV) for residential, commercial, and industrial lands in the City of Baguio, amending
the assessment of levels to be applied thereto, and providing staggered implementation of the
increase."
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k. Position Paper of Session Road Stakeholders Association on Proposed Ordinance Nr. PO 0097-17
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introduced by Hon. Elmer O. Datuin, Hon. Edgar M. Avila and Hon. Peter C. Fianza entitled,
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"Approving and adopting the 2016 Proposed Schedule of Market Values (SMV) for residential,
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commercial, and industrial lands in the City of Baguio, amending the assessment of levels to be
applied thereto, and providing staggered implementation of the increase."
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Taking into consideration the comments and position papers of various groups on the
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proposed 2016 Schedule of Market Values, the City Assessor has adjusted the increase of
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market values which is significantly lower than the original proposal. Said revision was
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presented during the last public consultation conducted on August 17, 2017.
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The Committee on Appropriations and Finance therefore recommends that hereto attached
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amended proposed ordinance in consonance with the foregoing revision be APPROVED ON
SECOND READING AFTER PUBLICATION.
16. Committee Report Nr. HEALTH-2017-058

Letter dated 19 July of PB Virgilio P. Manzo, Lower General Luna Barangay resubmitting
Ordinance No. 005, series of 2017 of Lower General Luna Barangay entitled, "An ordinance
adopting pertinent provisions of similar barangay ordinances in establishing Dengue and
Chikungunya prevention and control at Lower General Luna Barangay, Baguio City."
(NOTE: The matter was returned to the barangay on 05 July 2017 for the barangay's appropriate
amendment, particularly on the penalty clause of said ordinance to conform with the provisions of the Local
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Government Code as agreed during the 03 July 2017 Regular Session.)
v.After consultation with the authorized representative of the Barangay Council, the Committee v.
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Health and Sanitation, Ecology and Environment Protection recommends FAVORABLE
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o of the above barangay ordinance as amended. The amended
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ordinance
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is hereto
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attached and form part of this committee report.
17. Committee Report Nr. PUTTL-2017-125

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unHon. Benny O. Bomogao, Hon. Vice Mayor
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Proposed Ordinance Nr. PO 0157-17 introduced by
Hon. Faustino A. Olowan, Hon. . c O. Datuin, Hon. Maria Mylen Victoria G. Yaranon,
Edison R. Bilog, Hon. Leandro B. Yangot Jr., Hon. Edgar M. Avila, Hon. Joel A. Alangsab,
.
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Hon. Elaine D. Sembrano, Hon. Peter C. Fianza, Hon. Lilia A. Farias, Hon. Arthur L. Allad-iw
and Hon. Michaelw L. Lawana entitled, "Regulating the installation and maintenance of distribution
lines of various utilities in the City of Baguio."
(NOTE: [a] FIRST READING 14 August 2017 Regular Session [Agenda Item Nr 7]; and
(Item 7, 14 August 2017 Agenda
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v.The on Public Utilities, Transportation and Traffic Legislation recommends
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APPROVAL ON SECOND READING FOR PUBLICATION.
o. 18. Committee Report Nr. PUTTL-2017-126 .

iorequesting
that the Order in ERC Case No. 2016-200 RC entitled, "Benguetg
a. Letter dated 15 August 2017 of Mr. Gerardo P. Versoza, General Manager, BENECO,u
Application for the approval of the capital expenditure projects b
a Electric Cooperative's
il.be posted on the bulletin board of
for the years 2013 to 2016 and for
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n (please see attached format) bearing
authority to secure loan with prayer for provisional authority"
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the Sangguniang Panlungsod and thereafter a certification
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the dry seal of the office be issued as proof posting.
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that the Order in ERC Casew
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b. Letter dated 15 August 2017 of Mr. Gerardo P. Versoza, General Manager, BENECO, requesting
of the implementationw
No. 2016-147 RC entitled, "In the matter of application for approval
w of the Tariff Glide Path (TGP) pursuant to Article VII of the rules for
setting the Electric Cooperative's Wheeling Rates (RSEC-WR) with prayer for provisional
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authority " be posted at the Bulletin Board of the Sangguniang Panlungsod and thereafter a
certification (please see attached format) bearing the dry seal of the office be issued as proof of
posting.
The Committee on Public Utilities, Transportation and Traffic Legislation recommends
posting and issuance of the necessary certification of the above matter.
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19. Committee Report Nr. DIV3-2017-007
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a. 1st Indorsement dated 31 March 2014 of Hon. Gerard A. Mosquera, Deputy Ombudsman for
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Luzon, indorsing for appropriate action the Affidavit-Complaint dated 14 January 2014 filed by
Mr. Hilario T. Bumagat against Punong Barangay Margarita H. Marias of West Bayan Park,
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Leonila Hill, Baguio City.
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(NOTE: The above case is docketed as Barangay Adm. Case No. 08-2014.)
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b. Manifestation dated 25 November 2014 filed by Mr. Eric G. Santos, Counsel for the Complainant
Mr. Hilario Bumagat, Santos Law Office, in re: Barangay Administrative Case No. 08-2014
entitled, "Hilario Bumagat, Complainant versus Punong Barangay Margarita Marias,
Respondent, West Bayan Park, Leonila Hill Barangay".
c. Motion dated 18 November 2014 filed by Mr. Eric G. Santos, Counsel for the Complainant
Mr. Hilario Bumagat, Santos Law Office, in re: Barangay Administrative Case No. 08-2014
entitled, "Hilario Bumagat, Complainant versus Punong Barangay Margarita Marias,
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Respondent, West Bayan Park, Leonila Hill Barangay".
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v.p d. Motion to Admit with Apology dated 31 May 2017 filed by Atty. Eric G. Santos, Counsel for the
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Complainant Mr. Hilario Bumagat, Santos Law Office, in Barangay Administrative Case
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No. 08-2014 entitled, "Hilario Bumagat, Complainant versus Punong Barangay Margarita
Marias, Respondent, West Bayan Park, Leonila Hill Barangay".
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After careful consideration of the facts and issues presented in this case before this division,
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the Committee on BARANGAY ADMIN CASE (DIVISION 3) recommends DISMISSAL of
this case for lack of merit.
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Facts:
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On February 19, 2010, complainant Hilario Bumagat filed a letter complaint before
the Office of the City Mayor for the demolition the illegal structure of Ernesto Marias or
Simon Hora built within a road right of way. Ernesto Marias is the husband and Simon Hora
is the brother of the herein respondent.
On July 13, 2010, complainant sent a letter to the Office of the City Mayor stating
that as early as April 28, 2005, the Office of the City Mayor, through the Anti-Squatting and
Illegal Structures Committee recommended the demolition of the structure and that on July 2,
2008, a Notice of Demolition was issued by the Office of the City Mayor.
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.City Mayor reiterating the complaint. Pursuant to this letter, the City Buildings and v
On the August 12, 2010, the complainant wrote another letter to the Office of the
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Office (CBAO) issued three notice of violation against Ernesto Marias. However
o the latter failed to secure a building permit.
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asaid
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On September 3, 2010, Ernesto Marias as representative
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and Lydia Hora wrote a letter reiterating their intent to purchase the of lot to the
unthe spouses Simon Hora thought it was a

Office of the City Mayor and stating among others that the said portion of
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the land where the structure is located is titled,
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public land and therefore they introduced
levelling and the construction of a residential
improvements such as riprapping, land filling and
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That they had alsow
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undertaken the following actions: ww
-The filing of Town Sites Sales Application over the said lot with the then Department of
Natural Resources, Bureau of Lands on June 4, 1984; and
-The filing of another Town Site Sales Application on May 17, 2004.
It was found out that the said lot was covered by Original Certificate of Title No. 18 owned by
the GSIS. A letter of intent to purchase the portion of lot was sent to the GSIS. However, we
were informed that the administration and ownership of the said lot was already transferred
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to the City of Baguio under Transfer Certificate of Title No. T-1725;
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On February 26, 2010, a letter of intent to purchase was sent to the Office of the City Mayor.
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In an unnumbered resolution dated September 9, 2010 by the Anti-Squatting and Illegal
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Structures Committee recommended the issuance of an Order of Demolition over the said
structure of Ernesto Marias or Simon Hora.
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On November 12, 2010, the Office of the City Mayor issued Demolition Order no. 12, series of
2010 over the structure of Ernesto Marias or Simon Hora.
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On December 6, 2010 a demolition adviceconoJanuary
was released by the City Demolition Team setting
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the dismantling of the illegal structures
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25 and 26, 2011.
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The demolition for
Margarita Marias.
the said date was deferred allegedly due to the request of Punong Barangay w
On February 22, 2011, the Anti-Squatting and Illegal Structures Committee issued a report
strongly recommended the demolition and removal of septic tank on the structures of Ernesto
Marias or Simon Hora.
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i Administrator, stated that there is
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In a letter dated March 29, 2011 from the Office of the cCity
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no reason to reverse the demolition order over the illegal structures.
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On April 5, 2011 another demolition .cadvice was released by the City Demolition Team setting
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the dismantling of the illegal structures on May 10 and 11, 2011.
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The request of Simon Hora to purchase the lot was forwarded to the City Council. This was
opposed by the City Legal Office as well as residents in the area. Considering the objections or
oppositions the purchase was not approved.
The on May 9, 2011, Simon Hora filed a complaint for injunction against the City of Baguio,
before the Regional Trial Court. Simon Hora seeks to enjoin the Demolition of his illegal
structures. No injunction was issued and the case was subsequently dismissed.
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a letter dated January 18, 2012, the City Legal Office requested the CBAO for an additional
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over the structures of Simon Hora or Ernesto Marias.
o. a Memorandum dated January 20, 2012, the CBAO concluded that the structures were
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with the National Building Code and structurally unsafe.
On January 30, 2012, a Supplemental Demolition Order numbereda

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by the Office of the City Mayor, directing the demolition oflthe b 3, series of 2012 was issued
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said structures.
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At this point, Punong Barangay Margarita Marias initiated a series of meetings between the
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parties before the Office of the City Mayor. On meeting dated March 5, 2012, Punong
.
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Barangay Margarita Marias offered
w
to negotiate the extent of demolition of the structures. In
w
acts and proposalsw ww
response, the complainant wrote a letter dated April 18, 2012 stating he does not condone the
of Simon Hora and Ernesto Marias.
The complainant, through his counsel, wrote of letters dated April 20, 2012 and November 21,
2012 to the Office of the City Mayor reiterating his complaint regarding the structures of
Ernesto Marias or Simon Hora.
A series of meetings were conducted at the Office of the City Mayor and on January 15, 2013
and an agreement was signed by Punong Barangay Margarita Marias, representative of
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Simon Hora and Atty. Eric Santos, counsel of Hilario Bumagat containing among others the
v following:
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xxx
o. o .
To produce five (5) meters road-right-of-way from the wall of the garage attached to the house
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of respondent Hora that will be removed as road-right-of-way of the complainant
ag
Engr. Bumagat,;
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The respondent Hora shall remove the existing second garage as well as any portion of the
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structure of Simon Hora that is within the five (5) meters road-right-of-way ; xxx
n
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On February 4, 2013, the City Demolition assisted the parties in the demolition in accordance
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to the agreement of the parties. And was contained in the Post Demolition Report by the
CBAO. w
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The complainant, though counsel, wrote letters dated February 6, 2013; May 21, 2013; and ww
May 31, 2013 to the Office of the City Mayor stating the failure of compliance by the
respondent Hora of the agreement and reiterating the demolition of the structures.
On May 17, 2017, complainant through counsel, wrote a letter to the City Council of Baguio,
opposing the purchase of the lot by Simon Hora.
Issue:
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Whether or not there is sufficient ground to hold respondent Punong Barangay Margarita H.
o v Marias for disciplinary action.

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o. actions for an elective local official:
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Section 60 of the Local Government Code of 1991 enumerates the grounds for disciplinary
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Sec. 60. Grounds for Disciplinary Actions. - An elective local official may be disciplined,
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suspended, or removed from office on any of the following grounds:
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Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty;;
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The complainant argues that respondent is guilty of misconduct in her action of representing
her brother Simon Hora in this case and has abused her authority as Punong Barangay to w
delay the implementation of the demolition order.
Misconduct is "a transgression of some established and definite rule of action, more
particularly, unlawful behavior or gross negligence by a public officer." In grave misconduct,
as distinguished from simple misconduct, the elements of corruption, clear intent to violate the
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law or flagrant disregard of established rules, must be manifest and established by substantial
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evidence. Grave misconduct necessarily includes the lesser offense of simple misconduct. Thus,
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a person charged with grave misconduct may be held liable for simple misconduct if the
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misconduct does not involve any of the elements to qualify the misconduct as grave.
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connected with the w w
It is to be noted that to constitute an administrative offense, misconduct should relate to or be
performance of the official functions and duties of a public officer. ww
In Manuel v. Judge Calimag, Jr., the Court explained that:
x x x Misconduct in office has been authoritatively defined by Justice Tuazon in Lacson

v. Lopez in these words: "Misconduct in office has a definite and well-understood legal
meaning. By uniform legal definition, it is a misconduct such as affects his performance of his
duties as an officer and not such only as affects his character as a private individual. In such
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cases, it has been said at all times, it is necessary to separate the character of the man from the
.p .p
character of the officer x x x It is settled that misconduct, misfeasance, or malfeasance
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warranting removal from office of an officer must have direct relation to and be connected
o. .
with the performance of official duties amounting either to maladministration or willful,
intentional neglect and failure to discharge the duties of the office x x x."
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a
In administrative proceedings, the quantum of proof necessary for a finding of guilt is g
i l . b
substantial evidence or such relevant evidence as a reasonable mind may accept as adequate to
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support a conclusion. The standard of substantial evidence is satisfied when there is
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reasonable ground to believe that a person is responsible for the misconduct complained of,
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even if such evidence might not be overwhelming or even preponderant.
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respondents action of w
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In this case, the complainant failed to establish or relate substantially whether or not the
w representing
her capacity as Punong
her brother in this dispute is a misconduct connected in
Barangay or merely an action in her capacity as a private individual.
The allegations of the complainant were merely based on conjectures and devoid of any factual
basis. By the facts alone, there is no showing that the respondent used her authority in any
way to obstruct or delay the implementation of the Demolition Order. In fact, it was shown
that an agreement between the parties were signed to settle the dispute to which the
respondent complied with, thus such agreement binds the parties.
p h premises considered, Division III hereby recommends dismissal of this case for ph
Wherefore,
v.lack of merit.
v.
g o o
o.
SO ORDERED.
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a gu
20. Committee Report Nr. SSWUP-2017-017
b
ibyl.Hon.
c
SECOND READING AFTER PUBLICATION
Hon. Lilia A. Farias entitled, "Providing freeu nservices for indigent

Amended Proposed Ordinance Nr. PO 0126-16 introduced Leandro B. Yangot Jr. and
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burial residents of the City of
Baguio."
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(NOTE: Proposed Ordinance Nr. PO 0126-16 introduced by Hon. Leandro B. Yangot Jr. entitled, "Providing
w .
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for free burial services for indigent residents of the City of Baguio" was returned to the proponent to take into
consideration as amendments to the proposed ordinance the suggestions of the City Social Welfare and
Development Officer and the City Health Officer as agreed upon during the 24 April 2017 Regular Session.
[Item 27])
(NOTE: [a] FIRST READING -12 December 2016 Regular Session [Agenda Item Nr.4]; and
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 proposal of Hon. Leandro B. Yangot Jr. was posted on the bulletin boards of City Hall, Baguio City
ph h
Public Market, Baguio City Post Office, Baguio City Library and the Baguio City health Services Office starting
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13 July 2017.)
v.(Item 11, 10 July 2017 Agenda)

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g o g o
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The Committee on Social Services, Women and Urban Poor recommends that the amended
proposed ordinance herein attached be APPROVED FOR SECOND READING AFTER
u i
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PUBLICATION having introduced therein the suggested amendments of the City Social
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Welfare and Development Officer, Betty F. Fangasan and the Health Services Officer,
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Dr. Rowena P. Galpo.
o u
21. Committee Report Nr. MARKET-2017-039
. cintroduced . co
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Proposed Resolution Nr. PR 0167-17
w
by Hon. Leandro B. Yangot Jr. entitled, "A
ww
w politely their costumers and patrons to use coins and/or exchange coins w
resolution urging all malls, shopping complexes, retail stores and/or their outlets, and other similar
establishments to encourage
as their place of business for an improved and efficient coin recirculation system."
The Committee on Market, Trade, Commerce and Agriculture recommends APPROVAL of

the proposed resolution.
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22. Committee Report Nr. PROTECTION-2017-029
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a. Proposed Ordinance Nr. PO 0134-17 introduced by Hon. Joel A. Alangsab entitled, "Mandating
w.c
all cinema operators in Baguio City to show the anti-drug advertisement of the national
government before the start of each film."
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(NOTE: [a] FIRST READING 17 July 2017 Regular Session [Agenda Item Nr 9]; and
w
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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 07 August
2017.)
b. Letter dated 24 August 2017 of Dir. Edgar S. Apalla, Regional Director, PDEA-CAR, forwarding
comments on Proposed Ordinance Nr. PO 0134-17 introduced by Hon. Joel A. Alangsab entitled,
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"Mandating all cinema operators in Baguio City to show the anti-drug advertisement of the
v v
national government before the start of each film."
go go
(NOTE: The matter is in reply to the letter dated 03 August 2017 of Atty. Brenner L. Bengwayan requesting
o. .
comments on Proposed Ordinance Nr. PO 0134-17 introduced by Hon. Joel A. Alangsab.)
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The Committee on Public Protection and Safety, Peace and Order recommends that the
a
matter be NOTED and the proposed ordinance be approved on SECOND READING AFTER
b
PUBLICATION.
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ou
23. Committee Report Nr. BRGY-2017-110
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w. .
a. Annual Budget of Leonila Hill Barangay for Calendar Year 2017 amounting to Php2,127,274.00.
w
b. Supplemental Budget No. 02 of Fairview Barangay for Calendar Year 2017 amounting to
ww ww
Php35,800.00.
c. Supplemental Budget No. 01 of Santo Rosario Barangay for Calendar Year 2017 amounting to
Php1,592,525.12.
d. Supplemental Budget of Camdas Barangay for Calendar Year 2017 amounting to Php732,134.17.
e. Supplemental Budget No. 1 of Upper Magsaysay Barangay for Calendar Year 2017 amounting
to Php1,267,405.04.
f. Supplemental Budget No. 01 of Irisan Barangay for Calendar Year 2017 amounting to
Php1,937,742.80.
h The Committee on Barangay Affairs recommends FAVORABLE REVIEW the above Annual
h
v.p Budget and Supplemental Budgets returning the same to the concerned barangays through the
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City Budget Officer for implementation.
o. 24. Committee Report Nr. BRGY-2017-111

u i o .
ag
Resolution No. 12, series of 2017 of Salud Mitra Barangay entitled, "Resolution requesting
b
permission from the City Council that they will allow Salud Mitra Barangay to use Happy Glen
il.
Loop Road and P. Valenzuela as their common designated parking area and exact regulatory fees in
nc
accordance with City Tax Ordinance Numbered 2011-01 Series of 2011."
u
. c o to refer to the Traffic and Transportation
The Committee on Barangay Affairs recommends
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whatever policies, plans and w w
Management Committee (TTMC) for further study and recommendations subject that
and approval byw

w programs formulated by the latter shall be subject to the review
the Sangguniang Panlungsod pursuant to City Ordinance Numbered 50, ww
series of 1992.
25. Committee Report Nr. BRGY-2017-112

Proposed Ordinance Nr. PO 0158-17 introduced by Hon. Elaine D. Sembrano entitled,
"Institutionalizing the Search for the Best Performing Barangays in the City of Baguio, providing
guidelines and for other purposes."
h (NOTE: [a] FIRST READING 14 August 2017 Regular Session [Agenda Item Nr 8]; and
h
v.p [b] Rule IV, Sec. 2. B. a. of the Internal Rules of Procedure states "Second reading (Publication). The
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The Committee on Barangay Affairs recommends APPROVAL ON SECOND READING
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FOR PUBLICATION with the following recommendations and amendments for consideration
of the author-proponent:
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"Section 3. SCOPE. This . co shall apply to all the One Hundred Twenty-Eight
ordinance . co
(128) barangays of the City ofw
w ww
Baguio categorized into two (2) classification:
I.
w
Barangays having a population of NOT LESS than three thousand inhabitants
(denominated as Category A); and w
II. Barangays having a population of LESS than three thousand inhabitants
(denominated as Category B)."
(Rationale: Article 285 of the Local Government Code of 1991. Allocation to Local
Government Units:
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11 September 2017 Agenda
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Barangay gets 20% of the total IRA which is divided among each one of the 41, 882 barangays
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based on the following formula:
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a. Population - 60%
b. Equal Sharing -
w .c40%
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wrationale and formula, barangays with higher Internal revenue
On the basis of the above
Allotment (IRA) w are deemed more capable to deliver basic and additional services to their ww
constituents giving them the advantages in the search for the Best Performing Barangays in
the City of Baguio.
"Section 9. INCENTIVES."- (It is highly suggested for the author-proponent to
adjust the incentives pursuant and in relation to the proposed amendment of Section 3).
26. Committee Report Nr. TOURISM-2017-031

Proposed Resolution Nr. PR 0172-17 introduced by Hon. Maria Mylen Victoria G. Yaranon entitled,
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"Requesting the City Environment and Parks Management Office (CEPMO) for the regular
v v
maintenance or replacement of the dilapidated facilities at the Children's Playground, Burnham Park,
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Baguio City and appropriating funds therefor."
o. The Committee on Tourism, Special Events, Parks and Playgrounds recommends that the
u i o.
foregoing proposed resolution be APPROVED.
a g
27. Committee Report Nr. LAWS-2017-065
i l . b
n c
Letter dated 17 August 2017 of Yasser U. Guro, Head, National Commission on Muslim Filipinos,
ou co
Baguio City requesting to adopt a resolution banning the enthronement of a sultanate in Baguio
.c .
City.
w w
Guro, Head, National w
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The Committee on Laws, Human Rights and Justice recommends TO INVITE Mr. Yasser U.
w Commission on Muslim Filipinos, Baguio City for comments and
answer queries on the above issue.
Hon. Edgar M. Avila, Member of the Committee signified, "FOR EN BANC".
28. Committee Report Nr. LAWS-2017-066

Advanced Notice to avail of the Citizen's Forum on 22 May 2017 Regular Session by Mr. Joseph P.
Binay-an, et.al., appealing immediate and preferential attention regarding the closure of their
passage way from Kennon Road thru Woodsgate Subdivision, Camp 7, Baguio City, which deprived
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them easy access to their residences.
v (Item 2, 29 May 2017 Agenda)
v
. go The Committee on Laws, Human Rights and Justice recommends TO INVITE Ms. Lourdes
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o Llantada, Ms. Melinda Orozco and Mr. Joseph Binay-an, representatives
u
of
ioSubdivision
the Perimeter
agof Camp 7 Barangay

Residents of Woodsgate Square Subdivision, the Officers of Woodsgate Square
b
Homeowners Association, Inc. (WGSSHOA) and the Barangay Council
headed by Punong Barangay Constancio Danao, to discuss.the
c l June 23, 2017 with the concerned
ilast issues and possible solutions
unto the above matter.

taken up during the Ocular Inspection by this committee
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residents and officers of the Association in relation
29.
w
Committee Report Nr. HEALTH-2017-059.c w .
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a. Proposed Ordinance Nr. PO 0098-17 introduced by Hon. Elaine D. Sembrano entitled,
"Designating the Rose Garden of Burnham Park, Rizal Park and the landscaped area fronting the
City Hall building as demonstration areas showcasing the use of organic materials derived from
the Baguio City's Environmental Recycling System (ERS) and Sewer Treatment Plant (STP)
operations, as fertilizers."
(NOTE: [a] FIRST READING 05 June 2017 Regular Session [Agenda Item Nr 03]; and
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procedures: (a) Second reading of the proposed ordinances (title only). Discussion shall be allowed.
v v
[c] The above proposed ordinance was posted on the bulletin boards of City Hall, Baguio City Public Market,
o o
Baguio City Post Office, Baguio City Library and the Baguio City Health Services Office starting
g g
07 August 2017.)
o. o .
b. Letter dated 29 August 2017 of Mr. Eugene D. Buyucan, Assistant City General Services Officer,
u i
forwarding recommendations on Proposed Ordinance Nr. PO 0098-17 introduced by Hon. Elaine
a g
D. Sembrano entitled, "Designating the Rose Garden of Burnham Park, Rizal Park and the
.b
landscaped area fronting the City Hall building as demonstration areas showcasing the use of
il
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organic materials derived from the Baguio City's Environmental Recycling System (ERS) and
un
Sewer Treatment Plant (STP) operations, as fertilizers."
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(NOTE: The matter is in reply to the letter dated 17 August 2017 of Atty. Brenner L. Bengwayan requesting
.c
comments and recommendations on Proposed Ordinance Nr. PO 0098-17 introduced by Hon. Elaine D.
Sembrano entitled, "Designating the Rose Garden of Burnham Park, Rizal Park and the landscaped area
w .
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fronting the City Hall building as demonstration areas showcasing the use of organic materials derived from
w w
the Baguio City's Environmental Recycling System (ERS) and Sewer Treatment Plant (STP) operations, as
fertilizers." as agreed during the 14 August 2017 Regular Session.)
w
Considering the recommendations of the City General Services Office and that of the City
Environment and Parks Management Office, copies of which are hereto attached, the
Committee on Health and Sanitation, Ecology and Environment Protection reiterates
APPROVAL ON SECOND READING AFTER PUBLICATION of the proposed ordinance.
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30. Committee Report Nr. PWORKS-2017-036
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Proposed Resolution Nr. PR 0155-17 introduced by Hon. Maria Mylen Victoria G. Yaranon entitled,
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"Requesting the City Buildings and Architecture Office (CBAO) to investigate all the structures
along Lower Rock Quarry especially those built near the proposed sewer treatment plant to ascertain
w .
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that the structures are safe for occupancy."
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The Committee on Public Works recommends APPROVAL of the above-mentioned matter.
31. Committee Report Nr. EMPLOY-2017-020

SECOND READING FOR PUBLICATION BY POSTING
Proposed Ordinance Nr. PO 0085-17 introduced by Hon. Joel A. Alangsab entitled, "Mandating the
submission of the list of job vacancies and placements by all business establishments in the City of
Baguio to the Public Employment Service Office (PESO), City Government of Baguio."
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(NOTE: [a] FIRST READING 22 May 2017 Regular Session [Agenda Item Nr 06]; and
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(Item 6, 22 May 2017 Agenda)
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The Committee on Employment, Livelihood, Cooperative, Handicapped and Differently-abled
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Persons recommends APPROVAL of the proposed ordinance on SECOND READING AND
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FOR PUBLICATION BY POSTING.
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K.
w w.OTHER MATTER/S:
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32.
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Proposed Resolution Nr. PR 0174-17 of Hon. Edgar M. Avila entitled, "Extending invitation to the
ww
DM Consunji, Inc. - Developers Incorporated (DMCI-PDI) to shed light on the alleged
non-compliance of the provisions of the agreement executed between DMCI-PDI and the concerned
residents of Pacdal Barangay regarding their ongoing construction."
L. CITIZENS' FORUM
v ph PRAYER
.CLOSING v .p
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M.
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Hon. LILIA A. FARIAS shall lead the closing prayer.
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N. BAGUIO HYMN
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O. ADJOURNMENT
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comsec
svdeguzman
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Republic of The Philippines Sangguniang Panlungsod City of Baguio Regular Session, 11 September 2017, 2:00 P.M. Session Nr. 28

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Republic of The Philippines Sangguniang Panlungsod City of Baguio Regular Session, 11 September 2017, 2:00 P.M. Session Nr. 28

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h h

v (Php2,310,000.00) for the Baguio Convention Center Design Competition.

o v (Item 3, 14 August 2017 Agenda)

at DPS Compound Barangay:

7. FIRST READING:Referral to Committee

o. 8. FIRST READING:Referral to Committee

10. Committee Report Nr. PUTTL-2017-113

recommends that the above matter be acknowledged.cil

ww of the Forest Nursery at Ambuklao Road" in the amount of ww

The Committee on Public Works recommends APPROVAL of the above-mentioned matter.

14. Committee Report Nr. PWORKS-2017-035

Valorem tax to be adopted.

16. Committee Report Nr. HEALTH-2017-058

17. Committee Report Nr. PUTTL-2017-125

o. 18. Committee Report Nr. PUTTL-2017-126 .

unthe spouses Simon Hora thought it was a

On January 30, 2012, a Supplemental Demolition Order numbereda

o v Marias for disciplinary action.

x x x Misconduct in office has been authoritatively defined by Justice Tuazon in Lacson

Hon. Lilia A. Farias entitled, "Providing freeu nservices for indigent

v.(Item 11, 10 July 2017 Agenda)

The Committee on Market, Trade, Commerce and Agriculture recommends APPROVAL of

o. 24. Committee Report Nr. BRGY-2017-111

and approval byw

25. Committee Report Nr. BRGY-2017-112

26. Committee Report Nr. TOURISM-2017-031

28. Committee Report Nr. LAWS-2017-066

agof Camp 7 Barangay

unto the above matter.

31. Committee Report Nr. EMPLOY-2017-020

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