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n of the Philippinesci
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Republic
. cSANGGUNIANG PANLUNGSOD
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w City of Baguio w
ww REGULAR SESSION, 10 JUNE 2019, 2:00 P.M. ww
SESSION NR. 18

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

o. Hon. JOEL A. ALANGSAB 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. RECITATION OF THE PHILIPPINE
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COUNCILORS’
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Hon. LEVY LLOYD B. ORCALES
League Creed. w w
F.
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Minutes of the Regular Session: 17 Regular Session on 03 June 2019.
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G. INVITATIONS:

1. Letter dated 02 May 2019 of Hon. City Mayor Mauricio G. Domogan, requesting the reversion of
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the amount of Three Million Eight Hundred Thousand Pesos (Php3,800,000.00), obligated under

v Account No. 1011-18-12-947 (Salaries and Wages-Regular) of the City Mayor's Office, to the
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surplus account of the General Fund, and to reappropriate the same for the Peace and Order Program

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of the different barangays. (Item 12, 03 June 2019 Agenda)

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(NOTE: The following Chairperson and Members of the Local Finance Committee were requested to be

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present in today's meeting to be resource persons in aid of legislation relative to the above matter:

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[a] Atty. Leticia O. Clemente, Chairperson;
[b] Mr. Antonio L. Tabin, Member;

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[c] Mr. Alex B. Cabarrubias, Member;

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[d] Atty. Carlos M. Canilao, Member;

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[e] Ms. Maria Almaya C. Addawe, Member; and

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[f] Engr. Evelyn B. Cayat, Member.)

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Letter dated 23 May 2019 of Atty. Leticia O. Clemente, City Budget Officer, requesting the ww
following for the period July 1 to December 31, 2019:
[1] Renewal of casual appointments of twenty (20) employees of the City Budget Office:
[a] One (1) Engineer I (Electronics Engineer), SG12/1;
[b] Thirteen (13) Audio-Visual Equipment Operator III, SG 7/1;
[c] Three (3) Administrative Aide III (Utility Worker II), SG 3/1;
[d] One (1) Computer Operator III, SG 12/1; and

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[e] Two (2) Economic Researcher I, SG 9/1; and

v.p [2] Hiring of three (3) additional casual employees for the position Audio-Visual Equipment
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Operator III, SG 7/1. (Item 32, 03 June 2019 Agenda)
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(NOTE: Section 77 of the Local Government Code states that the period of employment of emergency or

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casual laborers as provided in this section shall not exceed six [6] months.)

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2a. Letter dated 20 May 2019 of Hon. City Mayor Mauricio G. Domogan, requesting approval of the

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renewal services of one (1) Tax Mapper I on casual status to be assigned in the City Assessor's

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Office, effective July 1 to December 31, 2019.

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(NOTE: Section 77 of the Local Government Code states that the period of employment of emergency or

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casual laborers as provided in this section shall not exceed six [6] months).

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(Item 33, 03 June 2019 Agenda)
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(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 matters:
[a] Atty. Leticia O. Clemente, City Budget Officer;
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[b] Ms. Maria Almaya C. Addawe, City Assessor; and
[c] Atty. Augustin P. Laban III, City Human Resource Management Officer.)

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H. MATTER FOR REFERRAL TO COMMITTEE:

3.
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FIRST READING:Referral to Committee .c w .
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Proposed Ordinance Nr. PO 0072-19 introduced by Hon. Leandro B. Yangot Jr. and Hon. Levy
Lloyd B. Orcales entitled, "Honesty Ordinance in the City of Baguio".

4. FIRST READING:Referral to Committee


Proposed Ordinance Nr. PO 0073-19 introduced by Hon. Elaine D. Sembrano and Hon. Leandro B.
Yangot Jr. entitled, "Naming the road from the junction of the Padre Burgos basketball court to the
junction of Magsaysay Avenue as 'Felix V. Manalo Road', and for other purposes".

I.
p h DEFERRED MATTERS:
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5. Committee Report Nr. PUTTL-2019-012

o. dated 29 November 2018 of Mr. Richard dela Peña Ferrer to Hon. Benny O. .
requesting an endorsement required by the Land Transportation Franchising i oRegulatory
Bomogao

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Board(LTFRB) for his new application of school service franchise.

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(NOTE: The following personalities were requested to be present during the 11 March 2019 Regular Session
as resource persons in aid of legislation relative to the above matter:

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[a] Mr. Richard dela Peña Ferrer; and
[b] Atty. Jessie C. Balagot, Officer-in-Charge, Land Transportation Franchising and Regulatory Board
(LTFRB)-CAR.)
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.cTransportation and Traffic Legislation recommends . co
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The Committee on Public Utilities,
wof Mr. Richard dela Peña Ferrer for favorable endorsement from w
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APPROVAL of the request
the City Council of his application for new school service franchise with the LTFRB.
(Item 5, 03 June 2019 Agenda)

6. Committee Report Nr. LAWS-2019-007


Petition letter dated 18 January 2019 of the Videoke Bar Owners/tenants at Building II, Maharlika
Livelihood Complex, requesting to urgently resolve the issues on the alleged conflicts on the
provisions of Sections 2(A) & 139 of the Tax Ordinance No. 2000-001 and Sections 10(e) & (d),
11 and 44 of the Zoning Ordinance No. 51, series of 2001, and to permanently adapt the 2007 City
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Council Resolution that resolved the same issues.

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(NOTE: [a] Res. 314, series of 2006 APPROVED THE APPEAL OF MR. PABLO L. PALANGDAO FOR THE

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ISSUANCE OF BUSINESS PERMIT TO OPERATE AT BUILDING II, MAHARLIKA LIVELIHOOD

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CENTER, EARLIER REVOKED THROUGH ADMINISTRATIVE ORDER NO. 130, SERIES OF 2006;

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[b] Res. 263, series of 2005 APPROVED THE RECOMMENDATION OF THE COMMITTEE ON LAWS AS
CONTAINED IN ITS 3RD INDORSEMENT DATED 15 SEPTEMBER 2005 TO DECLARE THAT THE
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PROVISIONS OF CITY ORDINANCE NUMBERED 51, SERIES OF 2001, OTHERWISE KNOWN AS

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THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF BAGUIO, PREVAIL OVER THE

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GENERAL PROVISIONS OF SECTION 134, PARAGRAPH 4, AND SECTION 139 OF CITY TAX

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ORDINANCE NUMBERED 2000-001 AND THE FURTHER RECOMMENDATION TO UPHOLD THE
REQUEST OF MR. PABLO L. PALANGDAO TO THE OFFICE OF THE CITY MAYOR FOR

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RECLASSIFICATION OF THEIR BUSINESS PERMIT FROM "RESTAURANT " TO "RESTAURANT
WITH BAR". )
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.Rights .
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BUSINESS PERMITSw
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The Committee on Laws, Human and Justice recommends to GRANT TEMPORARY
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Livelihood Complex, subject to compliance of the conditions that the City Executive Branch
shall or may impose. (Item 6, 03 June 2019 Agenda)

7. Committee Report Nr. UPLH-2019-011


Letter dated 11 January 2019 of Ms. Evelyn B. Cayat, En. P., City Planning and Development
Coordinator to the Honorable Members of the Sangguniang Panlungsod requesting approval for
locational clearance for building permit for the construction of additional structure at Maharlika

h facade by the Human Settlements Development Corporation represented by Atty. Rocky A.


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v.p Balisong. The area is covered by TCT T-26215 under the name of the City Government of Baguio
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g o and said building is covered by an agreement (BOT Scheme) between the City Government of
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Baguio and Marbay Company, Inc.
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(NOTE: The following personalities were requested to be present during the 11 March 2019 Regular Session

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as resource persons in aid of legislation relative to the above matter:

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[a] Engr. Nazita F. Bañez, City Building Official;

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[b] Engr. Evelyn B. Cayat, City Planning and Development Officer;
[c] Engr. Tiburcio L. Canlas, OIC-Regional Director, DPWH-CAR; and

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[d] Atty. Rocky Thomas A. Balisong, Project Manager, Maharlika Livelihood Complex.)

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In the previous appearance on March 11, 2019 Session of the City Council by Atty. Rocky A.
Balisong, Project Manager of Maharlika Livelihood Complex-Human Settlements
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Development Corporation and Engr. Nora R. De Los Santos, Head, Maintenance Division of

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the DPWH-Baguio City District Engineering Office, the Honorable Members of the
Sangguniang Panglungsod required the DPWH Baguio City District Engineering Office w
(DPWH-BCDEO) to inspect and issue a certification whether or not the area being applied
for building permit and the area where the structure was built infront of Maharlika
Livelihood Complex is within the road right of way or within the Maharlika Livelihood
Complex.

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On April 1, 2019, Atty. Rocky A. Balisong submitted a copy of the Memorandum Report of the

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Department of Public Works and Highways, Baguio City District Engineering Office

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(DPWH-BCDEO) and was received by the office of the undersigned Chairman of the

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Committee on Urban Planning, Lands and Housing to the effect that as per findings, the area
is within the PERIMETER EDGE OF MAHARLIKA LIVELIHOOD BUILDING AND IS
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NOT WITHIN THE ROAD RIGHT OF WAY OF DPWH. As to the structure already built
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infront of Maharlika, the same is covered by Building Permit No. 20-18-000-407 dated ww
November 7, 2018 for the improvement of Maharlika Front Perimeter Arcade. Attached is a
copy of the said Memorandum and its annexes.

The Committee reiterates its previous recommendation for APPROVAL of the Application for
Locational Clearance for Building Permit by the Human Settlements Development
Corporation. Further, all improvements introduced or to be introduced provided it is within
the Maharlika Livelihood Complex shall be issued building permits and business permits
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subject to the usual documentary and procedural requirements of the City Government.

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Finally, the structure built infront of Maharlika covered by Building Permit No. 20-18-000-407

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dated November 7, 2018 for the improvement of Maharlika Front Perimeter Arcade is legal

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and binding since the same was issued by the City Buildings and Architecture Office (CBAO)

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after proper application by the Human Settlements Development Corporation and inspection
by the CBAO. (Item 10, 03 June 2019 Agenda)
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8. Committee Report Nr. PROTECTION-2019-010
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Letter dated 17 March 2019 of Hon. City Mayor Mauricio G. Domogan, requesting for inclusion in

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the agenda the Proposed City Disaster Risk Reduction and Management (CDRRM) Plan for
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Calendar Year 2019.
(NOTE: The matter is related to the letter dated 05 March 2019 of Hon. City Mayor Mauricio G. Domogan,
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submitting the proposed City Disaster Risk Reduction and Management (CDRRM) Plan for CY 2019 for
comments and proposed revisions. The matter was referred to the Committee on Public Protection and
Safety Peace and Order on 12 March 2019.)

The Committee on Public Protection and Safety, Peace and Order recommends that the above
matter be DISCUSSED EN BANC. (Item 11, 03 June 2019 Agenda)

9. Committee Report Nr. BRGY-2019-052


Ordinance No. 01, series of 2019 of Holy Ghost Proper entitled "A barangay ordinance obliging the
installation to buildings of rain gutters with downspouts connected to any drain, sewer lines or
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canals made for the purpose."
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(NOTE: Rule XVII, ART. 111 of the Rules and Regulations Implementing the Local Government Code of 1991

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provides "Review of Barangay Ordinances by the Sangguniang Panlungsod or Sangguniang Bayan. (b) If the

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Sangguniang Panlungsod or Sangguniang Bayan, as the case may be, fails to take action on barangay

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ordinances within thirty (30) days from receipt thereof, the same shall be deemed approved."
The Barangay Ordinance was received on 25 April 2019.)
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The Committee on Barangay Affairs recommends giving FAVORABLE REVIEW the above
Ordinance. (Item 15, 03 June 2019 Agenda)
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Committee Report Nr. PWORKS-2019-044
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Resolution No. 06-19, series of 2019 of Upper Quezon Hill Barangay entitled "A resolution
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changing the title barangay project entitled 'Continuation of road from Copper Street Extension to
Iron Street' to 'Opening/Improvement of pathway from Iron Street to Copper Street, Upper Quezon
Hill' under the 2018 Annual Investment Fund."

The Committee on Public Works respectfully recommends that the above matter be NOTED.
Considering that after investigation, the area has been identified by the City Engineering
Office as a road and not a pathway. (Item 31, 03 June 2019 Agenda)

J. COMMITTEE REPORTS:

p h Report Nr. PWORKS-2019-045 h


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11.
Committee
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go realignment of the budget amounting to Php600,000.00 for the day care wiring & paintingo
Resolution No. 050, series of 2018 of Pacdal Barangay entitled, "A resolution requesting the

. construction of building extension at the back of the day care center, Pacdal, Baguio City." .g
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Upon clarification, the source of funding of the herein request is entitled g "Improvement of
Day Care Center".
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The Committee on Public Works recommends APPROVAL n "Improvement
of the realignment of the amount

. ctheoback of the day care center",of Day


of Php600,000.00 earmarked for the project entitled Care Center" to
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Proposed Ordinance Nr. POw
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"Construction of building extension at and that the attached

WITH THE SECOND w


0071-19 be APPROVED on FIRST READING DISPENSING
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11a. Proposed Ordinance Nr. PO 0071-19 introduced by Hon. Maria Mylen Victoria G. Yaranon and
Hon. Michael L. Lawana entitled "Realigning the amount of Six Hundred Thousand Pesos
(Php600,000.00) in the 2017 Annual Investment Plan (AIP) from the project 'Improvement of Day
Care Center' to 'Construction of building extension at the back of the Day Care Center', Pacdal,
Baguio City".

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12.
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Committee Report Nr. SSWUP-2019-017
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Resolution No. 001, series 0f 2018 of Imelda Village Barangay entitled, "Requesting the Office of
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the City Councilor Lilia A. Fariñas, Committee on Social Services, Women and Urban Poor to enact
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ordinances for city funding support and likewise encouraging the City Social Welfare and
Development Office (CSWDO), Health Services Office (HSO) and the Department of Health
(DOH)-CAR to include the Barangay Child Development Workers of the Day Care Center,
Barangay Nutrition Scholars (BNS) and Barangay Health Workers (BHW) for funding consideration
for other non-monetary benefits such as maternity leaves as they are performing and strengthening
the Local Health System for effective and efficient delivery of maternal and child health services."
(NOTE: Proposed Ordinance Nr. PO 0041-18 introduced by Hon. Leandro B. Yangot Jr. entitled,
"Providing for the enrolment of Barangay Nutrition Scholars (BNS), Barangay Nutrition Action Officers

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(BNAO) and Barangay Health Workers (BHWs) in the National Health Insurance Program (NHIP), providing

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funds therefor and for other purposes" was forwarded to the Committee on Ethics, Governmental Affairs

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and Personnel on 21 February 2018)

. go The Committee on Social Services, Women, and Urban Poor recommends that theg
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above
o proposed barangay resolution be NOTED, and to consider the letter
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of
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Ms. Evelyn

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Trinidad, CESO V, City Director, Department of the Interior and Local Government,
Baguio City, that:
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il. maternity leave is provided for
"…leave benefits of Public Health Workersc
n of Public Health Workers…" and that
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including

"Sec. 7 of Republic Act 7883 or the Act o


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in Sec. 29 of Republic Acts 7305 or the Magna
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Health Workers shall be reviewed.and approved by the Local Health Board to ensure that
granting benefit and incentive to accredited Barangay
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only the deserving BHW get the benefit or incentive."

The letter continues: "As regards to the Child Development Workers, Sec. 9 of Republic Act
8980 or An Act Promulgating a Comprehensive Policy and a National System for Early
Childhood Care and Development (ECCD), Providing Funds therefor and for other purposes
provides: that the Day Care Program, Parent Effectiveness Service, Child-Minding Centers,
Family Day Care and Parent-Child Development Programs shall continue to be supported by
the LGUs in the form of construction of basic infrastructure, provision of facilities, materials
and equipment, and compensation for the service providers."

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13. Committee Report Nr. BRGY-2019-060

o. .
ioKeeper
dated 17 May 2019 of PB Josephine T. Balusdan, Sto. Tomas Proper, resubmitting Ordinance

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No. 2-2019, series of 2019 [from "An ordinance creating the position of Barangay Record of

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Santo Tomas Proper Barangay" to "An ordinance creating the position of Administrative Aide III,
SG-3 of Sto. Tomas Proper Barangay"].
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(NOTE: Rule XVII, ART. 111 of the Rules and Regulations Implementing the Local Government Code of 1991

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provides "Review of Barangay Ordinances by the Sangguniang Panlungsod or Sangguniang Bayan. (b) If the
Sangguniang Panlungsod or Sangguniang Bayan, as the case may be, fails to take action on barangay

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ordinances within thirty (30) days from receipt thereof, the same shall be deemed approved."
The Barangay Ordinance was received on 27 March 2019 and it was returned to the Barangay without
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favorable review on 11 April 2019.)

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Considering that w the recommendations were duly complied with, the Committee on Barangay
Affairs recommends giving FAVORABLE REVIEW the above ordinance.
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14. Committee Report Nr. BRGY-2019-061
Ordinance No. 1, series of 2019 of Ferdinand Barangay entitled "An ordinance imposing taxes, fees
and charges pursuant to the provisions of the Local Government Code (R.A. 7160) and providing
penalty in violation thereof."
(NOTE: Rule XVII, ART. 111 of the Rules and Regulations Implementing the Local Government Code of 1991

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provides "Review of Barangay Ordinances by the Sangguniang Panlungsod or Sangguniang Bayan. (b) If the

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Sangguniang Panlungsod or Sangguniang Bayan, as the case may be, fails to take action on barangay

o v ordinances within thirty (30) days from receipt thereof, the same shall be deemed approved."
The Barangay Ordinance was received on 20 May 2019.)
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o. The Committee on Barangay Affairs recommends giving FAVORABLE REVIEW the above
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ordinance.
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15. Committee Report Nr. BRGY-2019-063
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Ordinance No. 04, series of 2019 of Padre Zamora Barangay entitled "An ordinance for the strict

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implementation of the Baguio Smoke Free Ordinance at the barangay level and designation of

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barangay smoke free point person and apprehenders."
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(NOTE: [a] Rule XVII, ART. 111 of the Rules and Regulations Implementing the Local Government Code of

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1991 provides "Review of Barangay Ordinances by the Sangguniang Panlungsod or Sangguniang

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Bayan. (b) If the Sangguniang Panlungsod or Sangguniang Bayan, as the case may be, fails to take
action on barangay ordinances within thirty (30) days from receipt thereof, the same shall be deemed w
approved." The Barangay Ordinance was received on 17 May 2019; and
[b] Ordinance Nr. 034 series of 2017 PROHIBITED THE USE, SALE, DISTRIBUTION, AND
ADVERTISEMENT OF CIGARETTES AND OTHER TOBACCO PRODUCTS IN CERTAIN PLACES,
IMPOSING PENALTIES FOR VIOLATIONS THEREOF AND PROVIDING FUNDS THEREFOR, AND
FOR OTHER PURPOSES, AMENDING ORDINANCE NUMBERED 08, SERIES OF 2008 [THE
COMPREHENSIVE ANTI-SMOKING ORDINANCE OF BAGUIO CITY].

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The Committee on Barangay Affairs recommends to return the above ordinance without

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favorable review on the basis of the following:

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City Ordinance Number 34, series of 2017 of the "Smoke-Free Baguio Ordinance"
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PREVAILS. The application of a city ordinance covers its entire territorial jurisdiction,
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hence, covering the 128 barangays of the City of Baguio.
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It is incumbent under City Ordinance Number 34, series of 2017 that deputizing
enforcers falls exclusively under the authority of the SMOKE FREE TASK FORCE.
3. It is recommended to the barangay to submit the names of their enforcers to the Task
Force and/or coordinate with the Health Services Office (HSO) considering that the latter
had conducted seminars-trainings for the enforcers as regards the city ordinance.
4. The barangay is simply to implement City Ordinance Number 34, series of 2017.
5. Finally, the barangay may convert this proposed barangay ordinance into a barangay
resolution.

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.Committee
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Ordinance No. 02, series of 2019 of City Camp Proper Barangay entitled "An ordinance imposing

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Tax Ordinance No. 02, series of 2019, for fees and payments for the issuance
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certifications, clearances, business clearances, filing fees on barangay cases and barangay satellite

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market rental fees and function hall rental fees."

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(NOTE: Rule XVII, ART. 111 of the Rules and Regulations Implementing the Local Government Code of 1991
provides "Review of Barangay Ordinances by the Sangguniang Panlungsod or Sangguniang Bayan. (b) If the

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Sangguniang Panlungsod or Sangguniang Bayan, as the case may be, fails to take action on barangay
ordinances within thirty (30) days from receipt thereof, the same shall be deemed approved."

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The Barangay Ordinance was received on 25 April 2019.)

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The Office of the Chairman . .
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April 2019 reviewed the proposed ordinance for corrections, amendments and revisions
for improvement and supplementations. The noted corrections, amendments and
revisions were forwarded to the Barangay Council of City Camp Proper on 20 May 2019
for their information, consideration and appropriate action;
2. On 28 May 2019 the Office of the Chairman received the duly corrected, amended and
revised proposed ordinance incorporating all the suggestions and recommendations and
is hereto attached.

From the foregoing, the Committee on Barangay Affairs recommends giving FAVORABLE
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REVIEW the above Ordinance.

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17. Committee Report Nr. BRGY-2019-065

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Resolution No. 13, series of 2019 of Malcolm Square Barangay entitled "A resolution to have a

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barangay outpost along Perfecto Street beside People's Park Malcolm Square Plaza."
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On May 20, 2019, the Office of the Chairman wrote Environment and Parks

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Management Office (CEPMO) through Ruben A. Cervantes the above resolution

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for its study, comments and recommendations as evidenced by the hereto attached letter dated
20 May 2019.
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On May 24, 2019, the Memorandum
letter was received by the office of the Chairman as evidenced by the hereto attached 1st ww
Indorsement dated 23 May 2019.

From the foregoing, the Committee on Barangay Affairs recommends to REFER the
Memorandum dated 22 May 2019 of CEPMO incorporating the recommendations to the
request of Malcolm Square Barangay for their information, consideration and compliance.

18. Committee Report Nr. BRGY-2019-066


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Ordinance No. 05, series of 2019 of Padre Zamora Barangay entitled "Barangay ordinance on

o v Violence Against Women and their Children (VAWC) desks."


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(NOTE: [a] Rule XVII, ART. 111 of the Rules and Regulations Implementing the Local Government Code of

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1991 provides "Review of Barangay Ordinances by the Sangguniang Panlungsod or Sangguniang Bayan.

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(b) If the Sangguniang Panlungsod or Sangguniang Bayan, as the case may be, fails to take action on

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barangay ordinances within thirty (30) days from receipt thereof, the same shall be deemed approved."
The Barangay Ordinance was received on 17 May 2019; and

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[b] Ordinance Nr. 120 series of 2018 ESTABLISHED VIOLENCE AGAINST WOMEN AND THEIR

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CHILDREN (VAWC) DESKS IN THE 128 BARANGAYS OF BAGUIO CITY, AND PROVIDING
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GUIDELINES THEREOF.

The Committee on Barangay Affairso u


. con therecommends to RETURN the above ordinance
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WITHOUT FAVORABLE REVIEW basis of the following:

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1. City Ordinance Number 120, series of 2018 PREVAILS. The application of a city
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ordinance covers its entire territorial jurisdiction, hence, covering the 128 barangays of
the City of Baguio.
2. The barangay is simply to implement City Ordinance Number 120, series of 2018.
3. Finally, the barangay may convert this proposed barangay ordinance into a barangay
resolution which does not need the review of the SangguniangPanglungsod.

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19. Committee Report Nr. A&F-2019-022

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Proposed Ordinance Nr. PO 0176-18 introduced by Hon. Levy Lloyd B. Orcales entitled, "An

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ordinance granting financial assistance to all Sangguniang Kabataan Kagawad, SK Treasurer and

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SK Secretary in the City of Baguio, defining the procedures and providing funds thereof."
(NOTE: [a] FIRST READING 03 September 2018 Regular Session [Agenda Item Nr 5]; 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 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 ww
calendared for second reading and be considered by the Sangguniang Panlungsod adopting the following
procedures: (a) Second reading of the proposed ordinances (title only). Discussion shall be allowed.)

The Committee on Appropriations and Finance notes the noble intention of Hon Levy Llyod
B. Orcales to grant financial assistance to all Sangguniang Kabataan Kagawad, SK Treasurer
and SK Secretary in the City of Baguio. However, taking into consideration the comments and
recommendations of Atty. Leticia O. Clemente, City Budget Officer and Chairperson, Local

h h
Finance Committee, that based on the national law particularly the Local Government Code

.p .p
of 1991, the law explicitly provides that only Sanguniang Kabataan Chairman shall be entitled
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to compensation, allowances, emoluments and such other privileges and therefore implies for

o. .
the exclusion of other Sangguniang Members. Moreover, the City Government of Baguio has
no available funds in the amount of Php27,648,000.00 to support the same.
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In view of the foregoing, the Committee on Appropriations and Finance recommends to refer

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this matter to Rep. Marguez O. Go, Congressman of the Lone District of Baguio, for further
c
studies and to introduce amendments of this National Law (Republic Act 7160).
n
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(Item 5, 03 September 2018 Agenda)

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20. Committee Report Nr. LAWS-2019-016

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Letter dated 20 February 2019 of Ms. Glenda Joy Calpotura-Cardenas and Ms. Jocelyn
Calpotura-Bautista, requesting that their leasehold rights over a stall located at Hilltop Subdivision,
Baguio City, be transferred to their brothers Mr. Alexander P. Calpotura and Mr. Chester Calpotura.
(NOTE: The matter is related to the following:
[a] Res. 233, series of 2017 CONFIRMED THE CONTRACTS OF LEASE MADE AND ENTERED INTO BY
AND BETWEEN THE CITY GOVERNMENT OF BAGUIO AND THE VARIOUS LESSEES OF
CITY-OWNED LOTS IN BAGUIO CITY;
[b] Res. No. 174, series of 2018 CONFIRMED THE TRANSFER OF LEASEHOLD RIGHTS OF A
CITY-OWNED LOT LOCATED AT LOT 9-B, BLOCK-1, HILLTOP SUBDIVISION, BAGUIO CITY FROM
MRS. ZENAIDA P. CALPOTURA TO GLENDA JOY CALPOTURA-CARDENAS, JOCELYN
CALPOTURA-BAUTISTA, ALEXANDER P. CALPOTURA, AND CHESTER CALPOTURA.)

h on Laws, Human Rights and Justice recommends APPROVAL of the transfer ph


pCommittee
v.The
of leasehold rights over a stall located at Lot 9-B, Block-1, Hilltop Subdivision, Baguio City, v.
. go pursuant to the Waiver of Rights dated September 28, 2018 executed by transferors Glenda
.
o
gtheir
o brothers-transferees Alexander P. Calpotura and Chester P. Calpotura. u
Joy Calpotura-Cardenas and Jocelyn Calpotura-Bautista in
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favor of

(Item 7, 03 June 2019 Agenda)


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21. Committee Report Nr. PUTTL-2019-031
Undated letter of Mr. Rogel Tiliden Canao, u n Baguio Trinidad Camp Dangwa Tomay
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President,

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implementation of Ordinance Numbered .c142, series of 2018 [Prohibiting loading and unloading of
Operators and Drivers Association (BCDTODA), to Hon. Edgar M. Avila, appealing to postpone the
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public utility or service vehicles within the perimeter of City Hall].
(NOTE: Resolution No. 142 series 2018 PROHIBITED LOADING AND UNLOADING STATIONS OF PUBLIC
UTILITY OR SERVICE VEHICLES WITHIN THE PERIMETER OF CITY HALL.)

The Committee on Public Utilities, Transportation and Traffic Legislation recommends that
the matter be forwarded to the Traffic and Transportation Management Committee (TTMC).

22. Committee Report Nr. PUTTL-2019-032


Resolution No. 2019-01, series of 2019 of Sablan Benguet Jeepney Operators and Drivers

hAssociation Inc. (SBJODAI) entitled, "Resolution requesting the Honorable Members of the
h
v.p Sangguniang Panlungsod ng Baguio thru: Honorable Councilor Benny Olowan Bomogao to exempt
v .p
o o
the Sablan Jeepney Operators and Drivers Association Inc. (SBJODAI) from the coverage of the
g .g
o.
Number Coding Ordinance of the City of Baguio."
i o
urecommends that
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The Committee on Public Utilities, Transportation and Traffic Legislation
a
b
the matter be forwarded to the Traffic and Transportation Management Committee (TTMC)
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for action.

23. Committee Report Nr. PUTTL-2019-033


u n
SECOND READING AFTER PUBLICATION
c o
. introduced by Hon. Benny O. Bomogao, Hon. Vice Mayor . co
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a. Proposed Ordinance Nr. PO 0043-19
Edison R. Bilog, Hon. Leandro B. Yangot Jr., Hon. Edgar M. Avila, Hon. Joel A. Alangsab,
ww
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Hon. Faustino A. Olowan, Hon. Elmer O. Datuin, Hon. Maria Mylen Victoria G. Yaranon,
Hon. Elaine D. Sembrano, Hon. Peter C. Fianza, Hon. Lilia A. Fariñas, Hon. Arthur L.
w
Allad-iw, Hon. Francisco Roberto A. Ortega VI, Hon. Michael L. Lawana and Hon. Levy Lloyd
B. Orcales entitled, "An ordinance setting a one-way traffic scheme along Crystal and Pearl
Alley, Upper Rock Quarry Barangay from Dacoroon residence exit going down to Sudaypan
Street between Gonzales residence and Igadna's residence."
(NOTE: [a] FIRST READING 11 March 2019 Regular Session [Agenda Item Nr 37a]; and

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

un
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

.c o
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
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allowed.)

b. Barangay Ordinance w
wCrystal
ordinance declaring
No. 05, series of 2018 of Upper Rock Quarry Barangay entitled, "An
and Pearl Alley of Barangay Upper Rock Quarry, as one way flow ww
of vehicular traffic passage from Dacoroon residence exit going down to Sudaypan Street
between Gonzales residence and Igadna's residence and providing penalties for violation
thereof."
(NOTE: Rule XVII, ART. 111 of the Rules and Regulations Implementing the Local Government Code of 1991
provides "Review of Barangay Ordinances by the Sangguniang Panlungsod or Sangguniang Bayan. (b) If the
Sangguniang Panlungsod or Sangguniang Bayan, as the case may be, fails to take action on barangay
ordinances within thirty (30) days from receipt thereof, the same shall be deemed approved."

h ph
The Barangay Ordinance was received on 16 January 2019.)

v pCommittee
.The on Public Utilities, Transportation and Traffic Legislation recommends
v .
. go APPROVAL of the proposed ordinance on SECOND READING AFTER PUBLICATION. . go
o u
The above proposed ordinance was posted on the bulletin boards of City Hall, io Baguio City

a
Public Market, Baguio City Post Office, Baguio City Library and the g Baguio City Health

il.b
Services Office starting 07 May 2019. (Item 40, 06 May 2019 Agenda)
c
o un
c D. Lamsis, Chairperson, Ibaloy Indigenous Peoples' co
24. Committee Report Nr. PUTTL-2019-034
.endorsement
Letter dated 20 May 2019 of Mr. Leopoldo
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Transport Cooperative, requesting of the City Council to the Office of Land
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Transportation Franchising Regulatory Board-Cordillera Administrative Region, Baguio City
regarding their intention to operate public transport service on the line Baguio City-Daklan, Bokod,
(Benguet State University-Bokod Campus), and vice versa.
(NOTE: [a] Res 271, series of 2018 STRONGLY APPEALED TO THE DEPARTMENT OF
TRANSPORTATION SECRETARY ARTHUR P. TUGADE AND LAND TRANSPORTATION
FRANCHISING AND REGULATORY BOARD CHAIRMAN MARTIN B. DELGRA III TO BAN/STOP/DENY
ALL PUBLIC UTILITY VEHICLE (PUV) APPLICATIONS FOR CERTIFICATE OF PUBLIC
CONVENIENCE (CPC) WITHIN THE CITY OF BAGUIO WITHOUT THE CONCURRENCE OF THE
SANGGUNIANG PANLUNGSOD (CITY COUNCIL) OF BAGUIO;
[b] Res. 187, series of 2017 REQUESTED THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES

h RODRIGO ROA DUTERTE THRU DEPARTMENT OF TRANSPORTATION SECRETARY ARTHUR P.


h
v.p TUGADE AND LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD CHAIRMAN

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MARTIN B. DELGRA III TO RECOGNIZE THE EXISTING SANGGUNIANG PANLUNGSOD (CITY
COUNCIL) RESOLUTION NUMBERED 316, SERIES OF 1995, LAND TRANSPORTATION

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FRANCHISING AND REGULATORY BOARD MEMORANDUM CIRCULAR NO. 96-002, SERIES OF
1996, LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD MEMORANDUM
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CIRCULAR NO. 2003-028, MEMORANDUM CIRCULAR NO. 2016-008, AS AMENDED BY
MEMORANDUM CIRCULAR NO, 2016-012;

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[c] Res. 316, series of 1995 DIRECTED THE CITY LEGAL OFFICER TO FILE, FOR AND IN BEHALF OF
THE CITY GOVERNMENT OF BAGUIO, AN URGENT PETITION WITH THE LAND AND

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TRANSPORTATION FRANCHISING AND REGULATORY BOARD (LTFRB) AND THE DEPARTMENT

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OF TRANSPORTATION AND COMMUNICATIONS (DOTC) TO STOP, OPPOSE, AND SUSPEND THE

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PROCESSING OF ALL APPLICATIONS FOR FRANCHISES OF PUBLIC UTILITY VEHICLES (PUVS) IN

w. .
BAGUIO CITY.)

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The Committee on Public Utilities, Transportation and Traffic Legislation recommends
approval of the request of Mr. Leopoldo D. Lamsis, Chairperson, Ibaloy Indigenous Peoples'
Transport Cooperative for a favorable endorsement from the City Council on their franchise
application with the LTFRB.

25. Committee Report Nr. PUTTL-2019-035


Resolution No. 04-2019, series of 2019 of Sto. Niño Barangay entitled "Resolution requesting for
the City Government of Baguio to authorize the barangay to manage the parking at the Old Times
h h
.ThepCommittee on Public Utilities, Transportation and Traffic Legislation recommends to v.p
Transit Terminal located within the Slaughter Compound, Sto. Niño Barangay, Baguio City."

v
.go forward . g o
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the matter to the Transportation and Traffic Management Committee for
i
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appropriate action and the Office of the City Treasurer for comments and recommendations.

a
26. Committee Report Nr. PUTTL-2019-036
c l.b and Parks Management
iEnvironment
un
Letter dated 23 May 2019 of Ruben A. Cervantes, City

o
Officer, forwarding for appropriate legal action
c
the inspection report dated 10 May 2019 of
co
permit application for a groundwater. .
Frederick V. Aquino, Engineering Aide and noted by Sofronio R. Pascua, Engineer III, re: Water

057] located at Km. 288 w


w deepwell of Summer Place Baguio Corp. [CAR-BEN-2019-02-
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Marcos Highway, Baguio City.

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


forward the matter to the Office of the City Mayor for appropriate action and for the
implementation of the Environment Code of Baguio as violations have been found as per the
investigation report.

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27. Committee Report Nr. PUTTL-2019-037

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SECOND READING FOR PUBLICATION

w.c
Proposed Ordinance Nr. PO 0068-19 introduced by Hon. Joel A. Alangsab, Hon. Vice Mayor
Edison R. Bilog, Hon. Faustino A. Olowan, Hon. Leandro B. Yangot Jr., Hon. Elaine D. Sembrano,
w .
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Hon. Maria Mylen Victoria G. Yaranon,, Hon. Arthur L. Allad-iw, Hon. Benny O. Bomogao,
w
Hon. Lilia A. Fariñas and Hon. Michael L. Lawana entitled, "An ordinance granting amnesty to ww
qualified applicants for electric and water connections in the City of Baguio for the period of three
(3) months upon approval."

Hon. Leandro B. Yangot Jr., signified, “Let us make it permanent.”

Hon. Maria Mylen G. Yaranon signified, “March 2019 to June 2019”.

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(NOTE: Ord. No. 116, series of 2018 GRANTED AMNESTY TO QUALIFIED APPLICANTS FOR ELECTRIC
AND WATER CONNECTIONS IN THE CITY OF BAGUIO FOR A PERIOD OF SIX (6) MONTHS UPON

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APPROVAL THEREOF.)

o. o.
(NOTE: [a] FIRST READING 03 June 2019 Regular Session [Agenda Item Nr 2]; and

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

g
committee concerned shall report out proposed penal or regulatory ordinances in due and proper form for

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

b
l .
calendared for second reading and be considered by the Sangguniang Panlungsod adopting the following

c i
procedures: (a) Second reading of the proposed ordinances (title only). Discussion shall be allowed.)

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The Committee on Public Utilities, Transportation and Traffic Legislation recommends

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APPROVAL of the above proposed ordinance ON SECOND READING FOR

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PUBLICATION with an amendment that it should be granted for a period of six (6) months.

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(Item 2, 03 June 2019 Agenda)

28. Committee Report Nr. BRGY-2019-067


Ordinance No. 02, series of 2019 of Palma-Urbano Barangay entitled "An ordinance imposing
fines/penalties for violators of garbage disposal rules."
(NOTE: Rule XVII, ART. 111 of the Rules and Regulations Implementing the Local Government Code of 1991
provides "Review of Barangay Ordinances by the Sangguniang Panlungsod or Sangguniang Bayan. (b) If the
Sangguniang Panlungsod or Sangguniang Bayan, as the case may be, fails to take action on barangay
ordinances within thirty (30) days from receipt thereof, the same shall be deemed approved."
The Barangay Ordinance was received on 22 May 2019.)

h
pCommittee h
v.The on Barangay Affairs recommends FAVORABLE REVIEW the above
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ordinance.

o. 29. Committee Report Nr. BRGY-2019-068


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Ordinance No. 04, series of 2019 of Palma-Urbano Barangay entitled "An ordinance adapting the

b
Baguio City Ordinance No. 15, series of 2000, regulating the operations of amusement centers
specifically the computer shops."
c il.
n
(NOTE:

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[a]Rule XVII, ART. 111 of the Rules and Regulations Implementing the Local Government Code of 1991

co
provides "Review of Barangay Ordinances by the Sangguniang Panlungsod or Sangguniang Bayan. (b) If the
c
w. .
Sangguniang Panlungsod or Sangguniang Bayan, as the case may be, fails to take action on barangay
ordinances within thirty (30) days from receipt thereof, the same shall be deemed approved."
w
ww ww
The Barangay Ordinance was received on 22 May 2019; and
[b] Ordinance Nr. 015 series of 2000 REGULATED THE OPERATIONS OF AMUSEMENT CENTERS IN
THE CITY OF BAGUIO.)

The Committee on Barangay Affairs recommends to RETURN the above ordinance


WITHOUT FAVORABLE REVIEW on the basis of the following:

1. CITY ORDINANCE NUMBERED 15, SERIES OF 2000 "REGULATED THE


OPERATIONS OF AMUSEMENT CENTERS IN THE CITY OF BAGUIO", PREVAILS.
The application of a city ordinance covers its entire territorial jurisdiction, hence, covering
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the 128 barangays of the City of Baguio.

v v .
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The barangay is simply to implement City Ordinance Number 15, series of 2000. Pursuant

o. .
io of the
to City Ordinance 002-1997, the members of the barangay tanods of the different

u
barangays in the City of Baguio are deputized to implement all existing ordinances

ag
city and their barangay within the areas of jurisdiction.
b
il.entitled "An ordinance adapting the
c
30. Committee Report Nr. BRGY-2019-069
nand animal pound."
Ordinance No. 07, series of 2019 of Palma-Urbano Barangay
udogs
.c o
Baguio City Ordinance No. 25, series of 2000, on
(NOTE: The above barangay ordinance is related to the following:
. co
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[a] Rule XVII, ART. 111 of the Rules and Regulations Implementing the Local Government Code of 1991

ww
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provides "Review of Barangay Ordinances by the Sangguniang Panlungsod or Sangguniang Bayan. (b) If
the Sangguniang Panlungsod or Sangguniang Bayan, as the case may be, fails to take action on
barangay ordinances within thirty (30) days from receipt thereof, the same shall be deemed approved."
The Barangay Ordinance was received on 22 May 2019;
w
[b] Resolution Nr. 182 series 2018 RESPECTFULLY REQUESTED THE CITY VETERINARY OFFICE TO
STRICTLY IMPLEMENT ORDINANCE NUMBERED 025, SERIES OF 2000 [AMENDING CHAPTERS 4
AND 5 OF ORDINANCE NUMBERED 500-34 ON DOGS AND PUBLIC ANIMAL POUND] AND THE
HONORABLE CITY MAYOR MAURICIO G. DOMOGAN TO DEPUTIZE BARANGAY OFFICIALS,
TANODS, THE POLICE, AND GARBAGE COLLECTORS TO SEIZE STRAY ANIMALS AS PROVIDED
THEREBY;

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[c] Resolution Nr. 292 series 2008 GRANTED FAVORABLE REVIEW OF BARANGAY ORDINANCE

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NUMBERED 04, SERIES OF 2008 [ADOPTING CHAPTERS 4 AND 5 OF ORDINANCE NUMBERED
500-34 ON DOGS AND PUBLIC POUND] OF PALMA-URBANO BARANGAY, BAGUIO CITY;

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[d] Ordinance Nr. 025 series of 2000 AMENDED CHAPTERS 4 AND 5 OF ORDINANCE NUMBERED 500-34
ON DOGS AND PUBLIC ANIMAL POUND; and
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[e] City Ordinance 002-1997, deputized the members of the barangay tanods of the different barangays in the

w ww
city of Baguio to implement all existing ordinances of the city and their barangays within their areas of

w
jurisdiction.)
The Committee on Barangay Affairs recommends to RETURN the above ordinance
WITHOUT FAVORABLE REVIEW on the basis of the following:

1. CITY ORDINANCE NUMBERED 025, SERIES OF 2000 [AMENDING CHAPTERS 4


AND 5 OF ORDINANCE NUMBERED 500-34 ON DOGS AND PUBLIC ANIMAL
POUND] PREVAILS. The application of a city ordinance covers its entire territorial
jurisdiction, hence, covering the 128 barangay of the City of Baguio.

2. Theh
v. p barangay is simply to implement City Ordinance Number 025, series of 2000. Pursuant
to City Ordinance 002-1997, the members of the barangay tanods of the different
v .ph
. go barangays in the City of Baguio are deputized to implement all existing ordinances of the
. go
o city and their barangays within the areas of jurisdiction.
u io
31.
Ordinance No. 01, series of 2019 of Palma-Urbano Barangay entitled a
Committee Report Nr. BRGY-2019-070 g
b
. and the business establishment
illessors
"An ordinance amending the

c
Barangay Ordinance No. 01, s. 2018, requiring all real estate
n
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owners to attend the two barangay general assemblies yearly as a pre-requisite to the issuance of

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their barangay business clearance."

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(NOTE: Rule XVII, ART. 111 of the Rules and Regulations Implementing the Local Government Code of 1991
provides "Review of Barangay Ordinances by the Sangguniang Panlungsod or Sangguniang Bayan. (b) If the
w .
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Sangguniang Panlungsod or Sangguniang Bayan, as the case may be, fails to take action on barangay
ordinances within thirty (30) days from receipt thereof, the same shall be deemed approved."
The Barangay Ordinance was received on 22 May 2019.) ww
The Committee deemed it significant to present Sec. 152 (c) of the Local Government Code of
1991 (RA 7160) on the power of the barangay to issue barangay clearance in relation to DILG
CAR Opinion No. 08 s. 1999, quoted hereunder:
"Sec. 152(c)- Barangay Clearance. No city or municipality may issue any license or permit for
any business or activity unless a clearance is first obtained from the barangay where such
business or activity is located or conducted. For such clearance, the sangguniang barangay
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may impose a reasonable fee. The application for clearance shall be acted upon within seven
v (7) working days from the filing thereof. In the event that the clearance is not issued within the
v
go said period, the city or municipality may issue the said license or permit." (Emphasis ours)
go
o. DILG CAR OPINION NO. 08 s. 1999 discussed the grounds for denying an application for a
u i o .
barangay clearance, and quoted hereunder:
b ag
.do take note of the principle laid
ilwhere
c
"The Code does not specifically provide such grounds but
nis valid when ittheis not
u
down in the case of De la Cruz vs. Paras, 123 SCRA 589, Supreme Court held that

.
is necessary to carry on its powers cando
the exercise by local governments of police power
duties such as may be necessary
repugnant to law and
to provide health, . co
safety, morals, peace, good w w
wwwithin their spheres of authority but may not prohibit business ww
order, comfort and convenience. Local governments may only
regulate business activities
operations. A Barangay Clearance may not be issued by a Punong Barangay within the
aforementioned seven (7) working days on any ground that falls within the ambit of the
doctrine enunciated in the aforequoted case." (Emphasis ours)

The Committee finds that the instant proposed ordinance requiring attendance to the two
general assemblies annually as a pre-requisite in the issuance of a barangay clearance does not
fall within the realm of the doctrine laid down in the case De la Cruz vs. Paras, 123 SCRA 589

h h
but rather compliant to the latter as it promotes good order in the barangay. Further, it also

.p .p
adheres to the General Welfare Clause of the Local Government Code of 1991.
v v
.go Thus, the Committee on Barangay Affairs recommends giving FAVORABLE REVIEW the
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o above proposed ordinance.
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32. Committee Report Nr. WHOLE-2019-001
b ag
ilJoel. Vice
SECOND READING AFTER PUBLICATION
Proposed Ordinance Nr. PO 0057-15 introduced by Hon.
n c Mayor Edison R. Bilog,

Olowan, Hon. Elmer O. Datuin, Hon. Mariao uVictoria G. Yaranon, Hon. Elaine D. Sembrano,
Hon. Leandro B. Yangot Jr., Hon. Edgar M. Avila, Hon. A. Alangsab, Hon. Faustino A.

Hon. Peter C. Fianza, Hon. Lilia A. . c Mylen . co


w and Hon. Michael L. Lawana entitled, "Enacting a Code of ww
Fariñas,, Hon. Arthur L. Allad-iw, Hon. Francisco Roberto A.

w
Ortega VI, Hon. Benny O. Bomogao
w signified, "There is an approved ord. to this effect."
General Ordinances of the City of Baguio".
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Hon. Faustino A. Olowan
(NOTE: [a] FIRST READING - 12 October 2015 Regular Session [Agenda Item Nr. 55]; and
[b] Rule IV, Sec. 2A of the Internal Rules of Procedures states "On second reading before publication of an
ordinance shall be open for discussion, proposals and amendments to know whether or not the proposed
ordinance will be approved before publication. Amendments may be allowed prior to publication.")
[c] The matter is returned to the Committee of the Whole, Sangguniang Panlungsod ng Baguio for
recommendation on second reading after publication by posting. The above proposed ordinance was

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posted on the bulletin boards of City Hall, Baguio City Public Market, Baguio City Post Office, Baguio City

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Library and the Baguio City Health Services Office starting 17 May 2019. It was also published in the
Baguio Herald Express issue of 28 April 2019.)

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The En Banc Committee of the Sangguniang Panlungsod recommends approval on SECOND
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READING AFTER PUBLICATION of the Proposed CODE OF GENARAL ORDINANCES,
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incorporating the suggestions during the public consultations conducted for the purpose.
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(Item 22.i, 28 May 2018 Agenda)

33. Committee Report Nr. DIV1-2019-003


Affidavit-Complaint dated 13 April 2018 of Ms. Pilar T. Quilacio against Punong Barangay Jesusa
Lucio Viscaya, both of Loakan Proper Barangay.
(NOTE: The above case is docketed as Barangay Administrative Case No. 09-2018.)

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Barangay Administrative Case (Division 1) recommends that the above-entitled case is

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dismissed for utter lack of merit on grounds contained in the Resolution.

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o. K. OTHER MATTER/S:
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L. CITIZENS' FORUM
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M. CLOSING PRAYER
Hon. JOEL A. ALANGSAB shall lead the closing prayer. w
N. BAGUIO HYMN ww ww
O. ADJOURNMENT

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