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n of the Philippinesci
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Republic
. cSANGGUNIANG PANLUNGSOD
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w City of Baguio w
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REGULAR SESSION, 13 FEBRUARY 2017, 2:00 P.M.
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SESSION NR. 06

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

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.NATIONAL
B.
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Invocation and Scripture Reading

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Hon. Vice Mayor EDISON R. BILOG 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. ROBERTO C. ORTEGA
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RECITATION OF THE PHILIPPINE COUNCILORS'
c shall lead in reciting the Philippine Councilors' League
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Creed.
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F. w Session: 05 Regular Session on February 6, 2017.
Minutes of the Regular ww
G. INVITATIONS:

1. Letter dated 03 March 2014 of Mr. Rosendo K. Go to Hon. City Mayor Mauricio G. Domogan,

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offering a fully integrated and comprehensive revenue generation and fund management

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computerization program for key departments of the City Government of Baguio and requesting to
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be given the opportunity to show their LGU-GAS System. (Item 15, 23 January 2017 Agenda)

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(NOTE: The following personalities were requested to be present in today's meeting to be resource persons
relative to the above matter:
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[a] Mr. Alex B. Cabarrubias, Assistant City Treasurer and In-Charge of Office, City Treasury Office; and
[b] Mr. Lauro A. Marquez, Operations Manager, Systems and Plan Integrator and Development Corporation.)

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H. MATTERS FOR REFERRAL TO COMMITTEE

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2.
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FIRST READING:Referralw to Committee
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Proposed Ordinance Nr. PO 0018-17 introduced by Hon. Edgar M. Avila entitled, "Declaring the
Ibaloi Park as a living museum and installing the bust of Mateo Cario therein and for other
purposes".

3. FIRST READING:Referral to Committee


Proposed Ordinance Nr. PO 0019-17 introduced by Hon. Edgar M. Avila entitled, "Providing
amnesty on building permit requirements for those in actual, physical and notorious possession of

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public lands in the concept of an owner and for other purpose".

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g o Proposed Ordinance Nr. PO 0020-17 introduced
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by Hon. Leandro B. Yangot Jr. entitled,
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"Prohibiting the dumping of carcasses of dead animals in public and open spaces, private properties,
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rivers, canals, drainages and other waterways and providing penalties for violation thereof".

5. FIRST READING:Referral to Committee b


il. entitled, "Regulating the supply,
Proposed Ordinance Nr. PO 0021-17 of Hon. Elaine D.c
un in public school premises in the City of
Sembrano
sale and distribution of snack food and other food products
Baguio."
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(NOTE: The matter is related to Res. 57, series of 2014 entitled, "REQUESTING THE DEPARTMENT OF

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EDUCATION - CORDILLERA ADMINISTRATIVE REGION (DEPED-CAR) TO REITERATE TO THE

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SCHOOLS REGARDING THE SALE OF SOFT DRINKS IN PUBLIC SCHOOLS AND PRIVATE
EDUCATIONAL INSTITUTIONS IN DEFERENCE TO DEPED ORDER NO. 8, SERIES OF 2007.")

6. FIRST READING:Referral to Committee


Proposed Ordinance Nr. PO 0022-17 of Hon. Benny O. Bomogao entitled, "Mandating all
establishments to have a built-in-power house within their building, structures or premises and
providing penalties."

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I. DEFERRED MATTERS:
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Committee Report Nr. PUTTL-2017-011
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Ordinance No. 002, series of 2016 of Honeymoon-Holyghost Barangay entitled, "Implementing City
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Administrative Ordinance No. 116, series 2016, Baguio City, in the observance of parking areas in
Honeymoon-Holyghost Barangay and its corresponding consequences in violation thereof".

The Committee on Public Utilities, Transportation and Traffic Legislation recommends for
FAVORABLE REVIEW. (Item 8, 06 February 2017 Agenda)

8. Committee Report Nr. PUTTL-2017-016


Proposed Ordinance Nr. SOFAD 04-16 of Hon. Scout Councilor Jhamel Dave B. Piog entitled,
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"Requiring transport group to place a directional printed name tag at the wind shield of their vehicles

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and the City Tourism to place maps/directional advisory/signboards to all roads/streets leading to

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tourist spots/government offices and schools and providing for other purposes thereof."

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NOTE: [a] FIRST READING -17 October 2016 Regular Session [Agenda Item Nr. 20]; and

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[b] Rule IV, Sec. 2. B. a. of the Internal Rules of Procedure states "Second reading (Publication).The
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committee concerned shall report proposed penal and regulatory ordinance in due and proper form for

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publication in at least one newspaper, of general circulation in Baguio City before, the same shall again be

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calendared for second reading and be considered by the Sangguniang Panlungsod on second reading of the
proposed ordinances, discussion shall be allowed")
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The Committee on Public Utilities, Transportation and Traffic Legislation recommends that
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the committee be co-authors and for the matter be DISCUSSED EN BANC.
(Item 10, 06 February 2017 Agenda)
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Committee Report Nr. A&F-2017-011
Proposed Resolution Nr. PR 0026-17 introduced by Hon. Benny O. Bomogao entitled, "Requesting
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the Hon. Marie Venus Q. Tan, Regional Director- CAR, Department of Tourism (DOT) to kindly
facilitate the allocation of the amount of Five Million and Five Hundred Thousand Pesos
(Php5,500,000.00) thru the Tourism Infrastructure Enterprise Zone Authority (TIEZA) for the
installation of a covered walk shed at the identified terminal sections within the City of Baguio."

The Committee on Appropriations and Finance recommends APPROVAL of the foregoing

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proposed resolution. (Item 26, 06 February 2017 Agenda)

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Proposed Ordinance Nr. PO 0005-17 introduced by Hon. Joel A. Alangsab entitled, "Requiring all
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homeowners and developers of residential subdivisions within Baguio City to plant trees in their

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open spaces, preserve and maintain the same and providing penalties thereof".
(NOTE: [a] FIRST READING -16 January 2017 Regular Session [Agenda Item Nr. 6]; and

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[b] Rule IV, Sec. 2. B. a. of the Internal Rules of Procedure states "Second reading (Publication). The

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committee concerned shall report proposed penal and regulatory ordinance in due and proper form for

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publication in at least one newspaper, of general circulation in Baguio City before, the same shall again be

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calendared for second reading and be considered by the Sangguniang Panlungsod on second reading of the
proposed ordinances, discussion shall be allowed")
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The Committee on Health and Sanitation, Ecology and Environment Protection recommends
APPROVAL of the above Proposed Ordinance on SECOND READING FOR
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PUBLICATION. (Item 27, 06 February 2017 Agenda)

11. Committee Report Nr. EMPLOY-2017-001


SECOND READING FOR PUBLICATION
Proposed Ordinance Nr. PO 0130-16 introduced by Hon. Joel A. Alangsab entitled, "Mandating all
employers of domestic workers or kasambahay in Baguio City to register their domestic help with
htheir respective barangay and providing penalty for violation thereof".
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[a] Proposed Ordinance Nr. PO 055-06 of Hon. Leandro B. Yangot, Jr. "requiring all barangays in the City of

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Baguio to conduct massive registration of kasambahay and/or domestic workers in their respective

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barangays." (Item 23, 22 May 2006 Agenda and forwarded to the Committee on Employment, Livelihood,
Cooperatives, Handicapped and Disabled on 23 May 2006 );
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[b] Proposed Ordinance Nr. PO 0089-11 of Hon. Edison R. Bilog "Enjoining all barangay officials of the City

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of Baguio to carry out massive registration of kasambahay or domestic workers in their respective

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barangays".(Item 57, 19 August 2013 Agenda and was returned to proponent to possibly reconcile the above
proposal with RA 10361.
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[c] READING -12 December 2016 Regular Session [Agenda Item Nr.7]; and
[d] Rule IV, Sec. 2. B. a. of the Internal Rules of Procedure states "Second reading (Publication). The

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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
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calendared for second reading and be considered by the Sangguniang Panlungsod on second reading of the

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proposed ordinances, discussion shall be allowed")
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The Committee on Employment, Livelihood and Cooperatives and Persons with Disabilities w
(PWDs) recommends APPROVAL of the proposed ordinance on SECOND READING FOR
PUBLICATION. (Item 28, 06 February 2017 Agenda)

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.c COMMITTEE REPORTS:
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Committee Report Nr. UPLH-2017-006
Letter dated 02 December 2016 of Mr. Dariel A. De Vera, requesting the issuance of a resolution
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allocating the excess lot which is not within the approved subdivision scheme located at Residence
Section "H", Baguio Workingman's Village, Aurora Hill, Baguio City, in his favor.

Based on the documents submitted to the Committee by Mr. Dariel A. De Vera which are as
follows:
1. Sworn Application;
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2. I.D.;

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3. Certification from Office of Brookspoint, Aurora Hill Barangay;

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4. Certification from CENRO-Baguio, DENR-CAR;

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5. Certificate of Non-Property;
6. Certificate on Non-Delinquency;
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7. Pictures;
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8. Survey Plan; and
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9. Authorization from Ms. Jona A. De Vera allowing Mr. Dariel De Vera to utilize a
portion of her said property as access way.
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Evelyn B. Cayat, City Planning.and Development Coordinator and Elias S. Aoanan,
The verification report upon
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Statistician II, of the City Planning and Development Office, the following are stated:

a. The subject lot application of Mr. Dariel A. De Vera is located along Brookspoint
Aurora Hill Barangay, Baguio City;
b. The subject lot is an unallocated area within the Baguio Workingmen's Village and is
located beside the titled property of Ms. Jona A. De Vera, (mother of applicant) and covered
by Transfer Certificate of Title TCT T-018-2010001556 a copy of the title is hereto attached;
c. Access going to the subject lot is thru an existing 1.50 meter wide alley which is
within portion of the titled property of Ms. Jona A. De Vera, who executed an authorization
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to Dariel De Vera to utilize portion of her property covered by Transfer Certificate of Title

v TCT T-018-2010001556 as perpetual alley a copy of authorization is hereto attached;


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d. The subject lot has already an existing four (4) storey with three (3) basement

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residential structure which is covered by Tax Declaration No. 2016-02-006-169986 issued by
the Office of the City Assessor;
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e. It is recommended that the authorization executed by Ms. De Vera authorizing

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Dariel De Vera to utilize portion of TCT T-018-2010001556 as perpetual alley be annotated in

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the title at the Register of Deeds.
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This committee further states that said lot application of Mr. Dariel A. De Vera located at
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Residence Section "H" of Baguio Workingmen's Village, Aurora Hill, Baguio City has an area
of one hundred fifty five (155) square meters as indicated in the survey plan submitted. w
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In view of the foregoing, the Committee on Urban Planning, Lands and Housing recommends ww
APPROVAL of the application of Mr. Dariel A. De Vera to Hon. Edgar M. Avila, City
Councilor and Chairman, Committee on Urban Planning, Lands and Housing for the issuance
of a resolution allocating the excess lot which is not within the approved subdivision scheme in
his favor located at Residence Section "H" Baguio Workingmen's Village, Aurora Hill, Baguio
City.

13. Committee Report Nr. UPLH-2017-005


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Letter dated 07 November 2016 of Mrs. Elvira Ballogan, requesting issuance of a resolution

o v allocating the land at Res. Sec. "H" Baguio Workingmen's Village Ambiong Barangay, Aurora Hill
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In response to the letter submitted to the Committee on Urban Planning, Lands and Housing
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requesting for issuance of a Resolution in favor of Mrs. Elvira Ballogan, we conducted an
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inspection together with the Baguio City Planning and Development Office (BCPDO) and the
following was observed on the said subject matter:
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a. That the subject lot application of Mrs. Elvira Ballogan is along Brookspoint

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Barangay, Aurora Hill, Baguio City;
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That there is an existing 1.50 meter wide alley that serves as an access going to the
subject lot;
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The subject lot is an excess lot of the subdivision scheme of the Baguio Workingmen's
Village which was improved and constructed a two storey residential structure by Sps. Jose
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and Conchita Linobhot thereon;

d. Ms. Conchita Linobhot executed a Waiver of Rights and Interests in favor of


Ms. Elvira Ballogan over said parcel of land with an area of two hundred (200) square meters
dated December 2, 2011, copy of waiver of rights and interest is hereto attached;

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e. The applicant has renovated the existing two storey with deck residential structure

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over the subject parcel of land;

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f. It is recommended that the applicant shall secure a geological study of the subject lot

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at the Office of the Mines and Geosciences Bureau, DENR-CAR whether the site is suitable for
residential purposes considering that the area is a precipice.
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On 01 February 2017 Mrs. Elvira Ballogan was able to comply with our recommendation to ww
secure from the Mines and Geosciences Bureau of DENR-CAR an ocular inspection report
which in turn was submitted to us on 03 February 2017.

In view of the foregoing and upon review of the pertinent documents, the Committee on Urban
Planning, Lands and Housing recommends APPROVAL of the above stated request provided
that proponent shall follow the conditions stated in the ocular inspection report of the Office
of the Mines and Geosciences Bureau, DENR-CAR.

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.Committee
14.
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THIRD READING

o. February 7 to February 14 of every year as Marriage Week in the City of Baguio." io


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Ordinance Nr. PO 0132-16 introduced by Hon. Elmer O. Datuin entitled, "Declaring

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(NOTE: [a] FIRST READING -19 December 2016 Regular Session [Agenda Item Nr. 3]; and

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[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

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publication in at least one newspaper, of general circulation in Baguio City before, the same shall again be

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calendared for second reading and be considered by the Sangguniang Panlungsod on second reading of the

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proposed ordinances, discussion shall be allowed".

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[c] The above proposal was posted on the bulletin boards of City Hall, Baguio City Public Market, Baguio City

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Post Office, Baguio City Library and the Baguio City Health Services Office starting 12 January 2017.)

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(Item 29, 30 January 2017 Agenda)

The Committee on Tourism, Special Events, Parks and Playgrounds recommends that the
aforementioned proposed ordinance be APPROVED ON THIRD AND FINAL READING.

15. Committee Report Nr. EDUC-2017-002


Proposed Resolution Nr. PR 0027-17 introduced by Hon. Peter C. Fianza entitled, "Tasking the City
Buildings and Architecture Office (CBAO) to prepare and provide a list of all the important Cultural
Properties within the City of Baguio in accordance with the provisions of Republic Act 10066, An

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act providing for the protection and conservation of the national cultural heritage, strengthening the

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National Commission for Culture and Arts (NCCA) and its affiliated cultural agencies, and for other
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purposes, known better as the National Heritage Act of 2009."

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(NOTE: The matter is related to the 1st Indorsement of Ms. Gloria S. Evangelista, Supervising Administrative

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Officer, City Mayor's Office, forwarding for information and appropriate action the letter dated 16 January

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2017 of Ms. Marichu G. Tellano, OIC-Executive Director, National Commission for Culture and Arts (NCCA),

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requesting for an inventory of cultural properties pursuant to Article V of Republic Act No. 10066 or the
National Cultural Heritage Act of 2009 was forwarded to the Committee on Education, Culture and Historical
Research)

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The Committee on Education, Culture and Historical Research recommends APPROVAL.

16. Committee Report Nr. EDUC-2017-003


. co Supervising Administrative Officer, City Mayor's . co
1st Indorsement of Ms. Gloria
Office, forwarding for w
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Ms. Marichu G. w ww
information and appropriate action the letter dated 16 January 2017 of
Tellano, OIC-Executive Director, National Commission for Culture and Arts
(NCCA), requesting for an inventory of cultural properties pursuant to Article V of Republic Act
No. 10066 or the National Cultural Heritage Act of 2009.

The Committee on Education, Culture and Historical Research recommends that the matter
be NOTED. The concern is the purpose of PR Nr. 0027-17.

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17. Committee Report Nr. A&F-2017-012

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Letter dated 04 August 2016 of Mr. Charles Ingram T. Ang, President, Corporate Innovators

o v Baguio, Inc./Mountainview Cable to Hon. Elmer O. Datuin, seeking support and exemption from
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g amusement tax for the conduct of their event entitled, "Elevate 2 - Electronic Music Festival" on
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o. March 4, 2017, 6pm at the Baguio Convention Center.
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The Committee on Appropriations and Finance recommends that the above matter be g
DISCUSSED EN BANC.
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Hon. Edgar M. Avila, Member of the Committee signified, "The grant of exemption on

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amusement taxes would create a dangerous precedent, hence the request must be denied."
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Hon. Peter C. Fianza, Member of the Committee signified, "for discussion".
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Committee Report Nr. TOURISM-2017-006 w
Letter dated 13 January 2017 of Mr. Jonathan Chio and Mr. Francisco Ortega IV, CEO and Regional
Manager respectively, both of Ladder Events Production requesting the following sponsorship and
support from the local government for their event Bumper to Bumper Car Show Baguio on March 4
and 5, 2017:
[a] free use of Baguio Convention Center;

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[b] electricity;

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[c] security;

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[d] janitorial services.

w .cEvents, Parks and Playgrounds recommends that the


The Committee on Tourism, Special
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above matter be DISCUSSED
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19. Committee Report Nr. PUTTL-2017-029
THIRD READING
Consolidated Proposed Ordinance Nr. PO 0086-16 and 0050-12 introduced by Hon. Edgar M. Avila
and Hon. Vice Mayor Edison R. Bilog respectively entitled, "Requiring business establishments to
install Closed Circuit Television (CCTV) cameras, video recorders and monitors for security
purposes".
(NOTE: The matter is related to the following:

h[a] Proposed Ordinance Nr. PO 0086-16 introduced by Hon. Edgar M. Avila entitled, "Requiring business
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establishments to install Closed Circuit Television (CCTV) cameras, video recorders and monitors for security

v purposes". was referred to the Committee on Pubic utilities18 October 2016;


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[b] Proposed Ordinance Nr. PO 0050-12 of Hon. Edison R. Bilog and co authored by former Coun. Fred L.

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Bagbagen "Amending City Ordinance Numbered 88, series of 2008 entitled, 'Requiring all banks in the City of

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Baguio to install high definition Closed-Circuit Television (CCTV) with corresponding image recorder in their

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establishments, in order to include schools, shopping malls/department stores, convenience stores, gasoline

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stations, pawnshops, money changers and other business establishments with minimum business capital of
P500,000.00'".

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[c] Ordinance Nr. 088, s. 2008 requires all banks in the City of Baguio to install high definition Closed-Circuit

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Television (CCTV) with corresponding image recorder in their establishments.

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[d] FIRST READING -05 September 2016 Regular Session [Agenda Item Nr 8].

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[e] The above consolidated proposed ordinance was published in the Herald Express issue on 27 November

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2016 and posted on four conspicuous places starting 25 November 2016.)
(Item 32, 19 December 2016 Agenda)
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The Committee favorably recommends APPROVAL ON THIRD READING of the
consolidated proposed ordinances.
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20. Committee Report Nr. PUTTL-2017-030
Ordinance No. 002, series of 2016 of Middle Quirino Hill Barangay entitled, "Regulating the use of
our barangay roads for car repairs".

The Committee on Public Utilities, Transportation and Traffic Legislation recommends to


h return the ordinance of Barangay Middle Quirino Hill Ordinance No. 002, series of 2016 with
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v.p the following observations, as follows:
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To modify or change the title of the ordinance considering that the use of roads g
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as car
o "Prohibiting the use of roads within the barangay of Middle Quirino Hill u
is explicitly prohibited by law. The committee suggest that io be
the tile shall

agthat section 1 of the


for car repairs and
providing penalties thereof"
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2, To re-phrase section 1 as an exemption of road car repairs. b
. of road(s) as car repairs - The
It suggests
said ordinance be read into "Section 1. Exemption for c
n be utilized for car repairs only on the
the

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road(s) along Barangay Middle Quirino Hill
following conditions, to wit:
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a. When the vehicle w
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suddenly incurred a minor mechanical defects such as flat tire, over-
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heat, loss of gas, or any minor repairs detected by the driver;
b. The checking, repair and replacement shall not be more than thirty minutes;
c. To place any warning signs and the cars' signal light must be under hazard;
d. To maneuver the car to a wider area to give access to other vehicles before doing the
repairs.

21. Committee Report Nr. BRGY-2017-027


a. Annual Budget of Camp Henry T. Allen Barangay for CY 2017 amounting to Php2,581,173,00.
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.ThepCommittee on Barangay Affairs recommends giving FAVORABLE REVIEW the above v.p
b. Annual Budget of Balsigan Barangay for Calendar Year 2017 in the amount of Php2,409,935.00.

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Budgets and returning the same to the concerned barangays through the City Budget
Officer for implementation.
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ilfor.theAuditor
22. Committee Report Nr. BRGY-2017-028

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Letter dated 11 January 2017 of Ms. Shalymar M. Garcia, State V, Supervising Auditor,

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Commission on Audit, furnishing copies of the Audit Reports audit period ending December

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31, 2015 of the 28 barangays of the City of Baguio.
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The Committee on Barangayw
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Affairs had gone through, examined and reviewed the report on

the City of Baguiow


the Comprehensive Audit w
to wit:
on the accounts and operations of the twenty eight (28) barangays of
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1. Andres Bonifacio;
2. Aurora Hill Proper;
3. AZCKO;
4. Bakakeng Norte;
5. Balsigan;

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6. Dominican Mirador;

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7. DPS Compound;

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8. Ferdinand;
9. Fort Del Pilar;
10.Gabriela Silang;
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11.Guisad Surong;
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12.Happy Homes Old Lucban; ww
13.Kabayanihan;
14.Loakan Apugan;
15.Loakan Proper;
16.Malcolm Square;
17.Outlook Drive;
18. Padre Burgos;
19. Salud Mitra;
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20. South Central Aurora Hill;

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21. St. Joseph Village;

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22. Sto. Tomas Proper;

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23. Sto. Nio Slaughter House;
24. Sto. Rosario;
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25. Upper General Luna;
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26. Upper Magsaysay;
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27. Upper Market Subdivision; and
28. Upper Quezon Hill.

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in terms of financial transactions .
cdemonstrates
Indeed, the outcome of the audit report how our particular barangays performs
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regulations and evaluate the operational performance of the barangay with the very end of
achieving their respective

The following are the general observations of the Commission on Audit to the respective
barangays:
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1. Unaccounted/ missing PPE
2. Unreported and un-deposited collections
3. Unremitted garbage collections
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4. Non-liquidation or non-refund of the Petty Cash Fund

v 5. Non-disposal of unserviceable property


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6. Accounts payable outstanding

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7. Unremitted and long outstanding taxes withheld
8. Unutilized proceeds from the sale of bid documents
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9. Unsettled audit disallowances
10. Unutilized proceeds from sale of bid documents
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11. Non-implementation of economic development projects
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12. Cash shortage amounting and unaccounted/missing Official Receipts

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13. Outstanding Performance/Bidders/Bail Bonds Payable
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14. Accumulated receivables remain unsettled
15.Non-conduct of physical inventory as of year-end despite prior year's audit w
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recommendation
16. Outstanding Guaranty Deposits Payable and Performance/Bidders/Bail Bond Payables
17. Proceeds from sale of bidding documents not utilized for the payment of honoraria to the
BAC and Technical Working Group
18. Unutilized Kilos Asenso Support (KAS) Fund released by the DBM
19. Monthly allowances of Barangay Tanods recorded under MOOE Account
20. Unauthorized grant of telephone-mobile allowances to Barangay Nutrition Scholar (BNS),
Barangay Nutrition Action Officer (BNAO) and Barangay Health Worker (BHW)
21. Unnecessary mobile allowances
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22. Procurement of goods and services through reimbursement basis

o v 23. Unliquidated cash advances


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o. 25. Undetermined bank debit memo
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26. Reimbursement of Telephone Expenses-Mobile with expired cellular cardsio .
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27. Surcharges of electricity expenses paid out of barangay funds g
28. Non-submission of annual budgets
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29. Overpayment of Productivity Enhancement Incentive (PEI)

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30. Incomplete supporting documents on the payment of Infrastructure Projects

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31. Non-disposal of unserviceable PPE already reclassified to Other Assets Account
32. Unimplemented approved development projects funded under the 20 percent Development . co
Fund
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33. Splitting of Contracts
34. Payment of taxes penalties/surcharges using government funds and over remittance of w
taxes withheld

The Committee on Barangay Affairs recommends that barangays must strictly comply with
the recommendations as contained in their respective Audit Report undertaken by the
Commission on Audit (COA) for the audit period ending December 31, 2015.

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13 February 2017 Agenda
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II.

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1. Non-allocation of at least five percent of the total annual budget for GAD programs,

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projects and activities in CY 2015 and non-establishment of GAD Focal Point System and
Database;
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The Committee recommends
Barangays have already
that the matter be NOTED with a manifestation that ALL
incorporated the mandatory five percent of their total annual budget ww
to GAD programs, projects and activities for CY's 2016 and all barangays are advised to
include in their 2017 budget said mandatory appropriation.

III.
1. Excessive registration fee and travelling expenses on Barangay Youth Leadership Summit
2015

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The Committee recommends STATUS QUO on the matter considering that the latter is the

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subject of an APPEAL before the Commission on Audit (COA), Cordillera Administrative

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Region (CAR), Regional Office, La Trinidad, Benguet - the Liga ng mga Barangay - Baguio

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City Chapter being the Appellant for and in behalf of the barangays that participated in the
Barangay Youth Leadership Summit 2015.
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23. Committee Report Nr. BRGY-2017-029
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a. Annual Budget of Lourdes Subdivision Extension Barangay for Calendar Year 2017 in the
amount of Php1,910,589.00.
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b. Annual Budget of Upper General Luna Barangay for Calendar Year 2017 in the amount of
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Php2,555,624.00.
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The Committee on Barangay Affairs recommends giving FAVORABLE REVIEW the above
Annual Budgets and returning the same to the concerned barangays through the City Budget
Officer for implementation.

24. Committee Report Nr. BRGY-2017-030


Ordinance No. 02, series of 2016 of Manuel Roxas Barangay entitled, "Amending Barangay
Ordinance No.01 S.2013".
(NOTE: Res. 140, series of 2013 GRANTED FAVORABLE REVIEW OF BARANGAY ORDINANCE NO. 01,
SERIES OF 2013 [STRENGTHENING THE POLICIES GOVERNING RESOLUTION NO.72 ON THE

h PROJECT "PALIGID KO LINIS KO AT BANTAY KO" BY IMPOSING PENALTIES AND PROVIDING


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.ThepCommittee .p
INCENTIVES], OF MANUEL ROXAS BARANGAY, BAGUIO CITY.)

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go ordinance. on Barangay Affairs recommends FAVORABLE REVIEW the above
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25. Committee Report Nr. LAWS-2017-011
b ag
il. A. Olowan entitled, "Providing
SECOND READING FOR PUBLICATION

the c
Proposed Ordinance Nr. PO 0013-17 introduced by Hon. Faustino
mandatory representation for Senior Citizens in n
o u Sangguniang Panlungsod of Baguio and

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appropriating funds thereof".

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(NOTE: [a] FIRST READING - 30 January 2017 Regular Session [Agenda Item Nr. 35]; and
[b] Rule IV, Sec. 2. B. a. of the Internal Rules of Procedure states "Second reading (Publication). The
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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".)
(Item 35, 30 January 2017 Agenda)

The Committee on Laws, Human Rights and Justice recommends APPROVAL of the
aforementioned Proposed Ordinance on SECOND READING FOR PUBLICATION.

Hon. Edgar M. Avila, Member of the Committee signified, "SP should provide:
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1. Guidelines on selection process;

o v 2. Confirmation of selected rep;


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3. Appropriation of necessary funds."

o. Hon. Benny O. Bomogao, Member of the Committee signified, "Section 457 (c) LGC-The
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regular members of the Sangguniang Panlungsod and the sectoral representatives shall be
elected in the manner as may be provided for by law."
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26. Committee Report Nr. MARKET-2017-007
SECOND READING FOR PUBLICATION
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Proposed Ordinance Nr. PO 0017-17 introduced by Hon. Leandro B. Yangot Jr. entitled, "Formally
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establishing a Farmers Information and Technology Services (FITS) or Techno Pinoy Center in the
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City of Baguio."
(NOTE: [a] FIRST READING - 06 February 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 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")
(Item 6, 06 February 2017 Agenda)

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13 February 2017 Agenda
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ci ordinance.
nproposed
The Committee on Market, Trade, Commerce and Agriculture
SECOND READING FOR PUBLICATION u
recommends APPROVAL ON

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of the

27.
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Committee Report Nr. MARKET-2017-008. w .
SECOND READING FOR
Proposed Ordinance
w PUBLICATION
wNr. PO 0008-17 introduced by Hon. Leandro B. Yangot Jr., entitled, ww
"Institutionalizing, promoting and developing organic agriculture in the City of Baguio, providing
funds thereof and other purposes".
(NOTE: [a] FIRST READING - 23 January 2017 Regular Session [Agenda Item Nr. 2]; 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".)

h(Item 2, 23 January 2017 Agenda)


h
v.ThepCommittee on Market, Trade, Commerce and Agriculture recommends APPROVAL ON v.p
. go SECOND READING FOR PUBLICATION of the proposed ordinance. . go
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28. Committee Report Nr. A&F-2017-013
g Coach, Team Lakay
aHead
b
Letter dated 02 February 2017 of Mr. Marquez T. Sangiao, Chairman-

c il25,. 2017. the Baguio Convention


Tap Team Inc., requesting for exemption of payment of the rental fee of

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Center for their Mixed Martial Arts (MMA) event on February

To promote our sports event here in theo


c and to give 50% discount on the rental of the Baguio
recommends to co-sponsor the said.event
city, the Committee on Appropriations and Finance
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Convention Center, provided that the organizer shall pay for their electrical and water
consumption; andw that the overtime pay of the assisting personnel shall likewise be paid by the
organizer.

29. Committee Report Nr. A&F-2017-014


Letter dated 27 January 2017 of Atty. Carlos M. Canilao, City Administrator, requesting for an
authority to charge from the current appropriations earmarked for the following items listed herein
covering the period 2016:
1. Telephone Bills Php 1,341.82 5-02-05-020
h 2. Incentives Php 42,500.00 5-02-06-020
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v.p 3. Honoraria of Officiating Officials Php 50,000.00 5-02-99-990
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TOTAL - - Php 93,841.82

o. The Committee on Appropriations and Finance recommends APPROVAL of the foregoing


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request in accordance with the Local Government Code of 1991 and that the necessary
ordinance be APPROVED ON FIRST READING DISPENSING WITH SECOND AND
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THIRD READINGS.
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30. Committee Report Nr. A&F-2017-015
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a. Resolution No. 08, series of 2017 of San Luis Village Barangay entitled, "Requesting the Office
of Hon. Lilia A. Farias, to allocate funds for the installation of railings, Saclit area, Purok 7, San
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Luis Village, Baguio City amounting to One Hundred Thousand Pesos only (Php100,000.00)".
b. Resolution No. 06-17, series of 2017 of Fairview Barangay entitled, "Requesting the Honorable
City Councilor Lilia A. Farias to allocate funds for the sustainable livelihood program capital for
the pantawid beneficiaries, womens organization, solo parents, Pag-asa Youth Organization, &
interested residents of Fairview Barangay".
c. Resolution No. 007, series of 2017 of Lower General Luna Barangay entitled, "Requesting
Hon. Lilia A. Farinas, to appropriate the amount of Two Hundred Thousand Pesos
(Php200,000.000) to augment funds for construction of a barangay Multipurpose Hall and Youth
Learning Center for Lower General Luna Barangay."
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d. Resolution No. 003, series of 2017 of Lower General Luna Barangay entitled, "Requesting the

o v Office of the Hon. Edgar M. Avila to appropriate the amount of Two Hundred Thousand Pesos
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(Php200,000.00) to augment funds for construction of a barangay multipurpose hall and youth

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learning center of Lower General Luna Barangay."

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e. Resolution No. 006, series of 2017 of Lower General Luna Barangay entitled, "Requesting the

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Office of the Hon. Peter C. Fianza, to appropriate the amount of Two Hundred Thousand Pesos

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(Php200,000.00) to augment funds for construction of a barangay multipurpose hall and youth
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learning center of Lower General Luna Barangay."

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f. Resolution No. 14, series of 2017 of Lower General Luna Barangay entitled, "Requesting the

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Office of the Hon. Faustino A. Olowan, to appropriate the amount of Two Hundred Thousand Pesos
(Php200,000.00) to augment funds for construction of a barangay multipurpose hall and youth
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learning center for Lower General Luna Barangay."
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The Committee w
on Appropriations and Finance recommends that the above barangay w
resolutions BE FORWARDED to the City Development Council for inclusion in the listing of
priority projects of the city.

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31. Committee Report Nr. LAWS-2017-012

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Letter dated 19 January 2017 of the concessionaires at Baguio Botanical Garden, informing that

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they are willing to transfer to the new site provided that the arrangement of stalls as appearing in the

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attached sketched plan agreed upon way back 2014 be followed.
(NOTE: Res. 191, series of 2016 CONFIRMING THE CONTRACTS OF LEASE MADE AND EXECUTED BY
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AND BETWEEN THE CITY GOVERNMENT OF BAGUIO AND THE VARIOUS CONCESSIONAIRES AT
THE BAGUIO BOTANICAL GARDEN WHO ARE ENTRUSTED A SPACE FOR SOUVENIR STALL
THEREAT.) ww
The Committee on Laws, Human Rights and Justice recommends that the above matter be
NOTED considering that upon queries of the committee at the City Environment and Parks
Management Office (CEPMO) thru Ms. Cordelia Lacsamana, CEPMO Officer, on the matter
regarding the concerns of the affected tenants at the Baguio Botanical Garden, the committee
was informed that a meeting with the Hon. Mayor and the concessionaires together with the
CEPMO Office was held of which there is already a settlement on the allocation of the space to
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be occupied by the affected tenants which was done thru draw lots at the Office of the

v on. Mayor on January 26, 2017. Attached hereof is the minutes/highlights of the said meeting
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signed by the Hon. Mayor Mauricio G. Domogan.

o. 32. Committee Report Nr. LAWS-2017-013


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Letter dated 03 February 2017 of Hon. City Mayor Mauricio G. Domogan, returning for appropriate

. b
action the approved Appropriation Ordinance No. 72, series of 2016 with partial veto.
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(NOTE: [a] Ordinance No. 72, series of 2016 entitled, "AUTHORIZING THE ANNUAL BUDGET OF THE

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CITY OF BAGUIO FOR FISCAL YEAR 2017 IN THE TOTAL AMOUNT OF ONE BILLION SEVEN

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HUNDRED SEVENTY SIX MILLION TWO HUNDRED THIRTEEN THOUSAND AND ONE HUNDRED

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FORTY SEVEN PESOS (P1,776,213,147.00) COVERING THE VARIOUS EXPENDITURES FOR THE

w. .
OPERATION OF THE CITY GOVERNMENT OF BAGUIO FOR FISCAL YEAR 2017 AND APPROPRIATING
THE NECESSARY FUNDS FOR THE PURPOSE." was received by the Office of the City Mayor on
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11 January 2017 and was returned with His Honor's partial veto to the Office of the City Secretary on
06 February 2017;
[b] The Local Government Code of 1991, Book I, Title II, Chapter III, Section 55 (b) states, "The veto shall be
communicated by the local chief executive concerned to the sanggunian within fifteen (15) days in the case of
a province, and ten (10) days in the case of a city or a municipality; otherwise, the ordinance shall be deemed
approved as if he had signed it.")

During the February 06, 2017 Regular Session of the City Council, the issues that were
submitted to the Committee for study were the following:

h 1.
Was the Honorable City Mayor allowed to make a partial veto of Ordinance No. 72,
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v.p series of 2016? and v .p
. go 2. Was the veto transmitted in accordance with existing laws, rules and regulations..go
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Section 55 of the Local Government Code is instructive as it provides: g
As to the issue on the validity of the partial veto, the same is authorized under

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Section 55. Veto Power of the Local Chief Executive

o u ordinance of the Sangguniang Panlalawigan,


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The local chief executive may veto any
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Sangguniang Panlungsod, or Sangguniang
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Bayan on the ground that it is ultra vires or
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prejudicial to the public welfare, stating his reasons therefor in writing.

b.
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The local chief executive except the Punong Barangay, shall have the power to veto
any particular item or items of an appropriations ordinance, an ordinance or resolution
adopting a local development plan and public investment program, or an ordinance directing
the payment of money or creating liability. In such case, the veto shall affect the item or items
which are not objected to. The vetoed item or items shall not take effect unless the Sanggunian
overrides the veto in the manner herein provided; otherwise, the item or items in the
appropriations ordinance of the previous year corresponding to those vetoed, if any, shall be

phThe local chief executive may veto an ordinance or resolution only once. The v.ph
deemed reenacted.

v.c.Sanggunian
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override the veto of the local chief executive concerned by two-thirds (2/3)
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members, thereby making the ordinance effective even without the approval of

guveto made by the


the local chief executive concerned.

a
il.b54 of the Local
As to the matter of transmittal, this committee finds that the partial
Honorable City Mayor have been transmitted belatedly. Section
Government Code provides:
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Section 54. Approval of Ordinances
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Every ordinance w
a.
w w Bayan shall be presented to the provincial governor or city or
Panlungsod, or Sangguniang
enacted by the Sangguniang Panlalawigan, Sangguniang
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municipal mayor, as the case may be. If the local executive concerned approves the same, he
shall affix his signature on each and every page thereof; otherwise, he shall veto it and return
the same with his objections to the Sanggunian, which may proceed to reconsider the same.
The Sanggunian concerned my override the veto of the local executive by two-thirds (2/3) vote
of all its members, thereby making the ordinance or resolution effective for all legal intents
and purposes.

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b. The veto shall be communicated by the local chief executive concerned to the

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Sanggunian within fifteen (15) days in the case of a province, and ten (10) days in the case of a

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city or a municipality; otherwise, the ordinance shall be deemed approved as if he had signed
it.
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beyond the periodw
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Clearly therefor, and as admitted in the letter of the City Mayor, the veto was transmitted
provided for by law. The ordinance having been received on January 10, ww
2017 and the transmittal made only on February 6, 2017.

The Honorable City Mayor counters that the transmitted ordinance was without
certain attachments/documents however, it must be remembered that the documents that the
Honorable Mayor is alluding to are emanating from the Executive Department specifically
that of the City Budget Office.

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More importantly is the rationale behind the action of the City Council reducing the amount

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for Environment/Sanitary services account in the Office of the GSO. The legislative intent of

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the City Council in reducing a portion of the Environment/Sanitary Services Account under

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the General Services Office is for the purpose of having all contracts for garbage hauling and

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tipping be submitted to the Council for Confirmation. Removing a portion of the said account

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is an indication that the council did not fully authorize the expenditure specifically for garbage

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and tipping fees. What was authorized only was that amount as appearing in the budget.
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In view thereof, the Committee on Laws, Human Rights and Justice recommends that the

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partial veto made by the City Mayor as indicated in his honor's letter dated 03 February 2017
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be overridden by the City Council and to REITERATE the action of the City Council during
its 29 December 2016 Special Session to incorporate as one of the provisions of Appropriation
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Ordinance No. 72, Series of 2016 the following:

1. All garbage hauling and tipping fees be subjected to contracts and the same be
submitted to the City Council for confirmation; and

2. All contracts entered into by the City Mayor in the amount of FIVE HUNDRED
THOUSAND PESOS (P500,000.00) and above shall pass through the City Council for
CONFIRMATION.

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33. h
Committee Report Nr. A&F-2017-016
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v.Letter dated January 2017 of Dream Star Talent Workshop and Event Services, requesting the
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following for their show entitled, "Seasons of Love-Bloom Baguio Bloom" on February 21, 2017

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a. tax exemption, and
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b. free use of Baguio Convention Center.
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il. to give 50% discount on the
rental of the Baguio Convention Center, providedc
The Committee on Appropriations and Finance recommends

electrical and water consumption; and that u


n that the organizer shall pay for their
o the overtime pay of the assisting personnel shall
.c organizer shall secure a formal endorsement of their
likewise be paid by the organizer. The
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activity with the Baguio Flower Festival Foundation, Inc. to be considered as a community
event.

Their request on tax exemption however cannot yet be acted upon because there is no
endorsement from DepEd City Division Office. The participants of the event will mostly come
from different schools. It is recommended that the organizer first secure an endorsement
before their request for exemption can be acted upon.

Hon. Edgar M. Avila, Member of the Committee signified, "The grant of tax exemption should
be denied as it would be a precedent contrary to the stand of the city."
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K. OTHER MATTER/S:

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L. CITIZENS' FORUM
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M. CLOSING PRAYER
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Hon. Vice Mayor EDISON R. BILOG shall lead the closing prayer.

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N. BAGUIO HYMN

O. ADJOURNMENT w w
comsec
svdeguzman

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