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n of the Philippines
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Republic
. cSANGGUNIANG PANLUNGSOD
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w City of Baguio w
ww REGULAR SESSION, 05 JUNE 2017, 2:00 P.M. ww
SESSION NR. 18

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

v ph ANTHEM
.NATIONAL
B.
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go Hon. BENNY O. BOMOGAO shall lead the invocation and Scripture Reading. go
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 COUNCILORS'
Hon. EDGAR M. AVILA shall
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lead in reciting the Philippine Councilors' League Creed.
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Minutes of the Regularw
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1. Session: 17 The Regular Session on May 29, 2017.
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G. INVITATIONS:

1. Committee Report Nr. YWSD-2017-008


Letter dated 05 May 2017 of Hon. City Vice Mayor Edison R. Bilog requesting the presence of the
h parents of the athletes who joined the recent Palarong Pambansa in aid of legislation and inquiry
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v.p during the Regular Session on 15 May 2017 at 2 o'clock in the afternoon.
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(Item 37, 22 May 2017 Agenda)

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Letter dated 02 June 2017 of Hon. Peter C. Fianza, transmitting a copy of the Terminal Report of
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DepEd-CAR on the 2017 Palarong Pambansa held in the Province of Antique on April 23-29, 2017.

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(NOTE: Ms. Beatriz G. Torno, OIC-Regional Director, Department of Education CAR and the Parents

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of the Athletes who joined the recent Palarong Pambansa were requested to be present in todays

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meeting as resource persons in aid of legislation relative to the recently concluded Palarong Pambasa.)

2nd Indorsement dated 24 April 2017 of o u


2.
. cHon.R. City Vice Mayor Edison R. Bilog, forwarding the
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wwater supply and wastewater improvement project in the City of w
letter dated 11 April 2017 of Atty. Laurence Rogero, President, Metro Pacific Water, regarding

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Finalization of studies for the bulk
Baguio.
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(Item 51, 22 May 2017 Agenda)
(NOTE: Atty. Laurence R. Rogero, President, Metro Pacific Water, was requested to be present in
todays meeting as resource person in aid of legislation relative to the above matter.)

H. MATTERS FOR REFERRAL TO COMMITTEE

phOrdinance Nr. PO 0098-17 introduced by Hon. Elaine D. Sembrano entitled, "Designating v.ph
3. FIRST READING:Referral to Committee

v.Proposed
go building as demonstration areas showcasing the use of organic materials derived from the.g o
the Rose Garden of Burnham Park, Rizal Park and the landscaped area fronting the City Hall

o. City's Environmental Recycling System (ERS) and Sewer Treatment Plant (STP)io
Baguio

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fertilizers."
4. FIRST READING:Referral to Committee b
il. B. Yangot Jr. entitled, "Providing
Proposed Ordinance Nr. PO 0099-17 introduced by Hon.c
unutilization of rainwater in the City of Baguio."
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for the mechanisms for proper harvesting, storage and
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.introduced . co
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5. FIRST READING:Referral to Committee

"Transfer of funds in thew


Proposed Ordinance Nr. PO 0100-17 by Hon. City Vice Mayor Edison R. Bilog entitled,
w Sangguniang Panlungsod."
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6. FIRST READING:Referral to Committee
Proposed Ordinance Nr. PO 0101-17 introduced by Hon. Michael L. Lawana entitled, "Regulating
the use of major streets in the City of Baguio by driving schools in giving lessons and by student
drivers in practical driving instructions and/or lessons and providing penalties thereof."

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7. FIRST READING:Referral to Committee

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Proposed Ordinance Nr. PO 0103-17 introduced by Hon. Leandro B. Yangot Jr., Hon. Peter C.

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Fianza, Hon. Benny O. Bomogao and Hon. Elmer O. Datuin entitled, "Creating the City of Baguio
Council for Culture and the Arts (CBCCA) and providing funds therefor."
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I. DEFERRED MATTERS:

8. Audit Observation Memorandum (AOM) No. 17-010 dated 08 March 2017 of Ms. Margie D.
Bongait, Audit Team Leader, Commission on Audit-CAR forwarding the observations on the
reviewed operation and management of the Burnham Park Reservations.
(Item 1, 08 May 2017 Agenda)
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v.p (NOTE: In a letter dated 30 May 2017, Atty. Brenner L. Bengwayan, Secretary to the Sanggunian,
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requested Atty. Melchor Carlos R. Rabanes, OIC-City Legal Office and Ms. Cordelia M. Lacsama, City

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Environment and Parks Management Officer (CEPMO), to submit their observations regarding the above

o matter before 05 June 2017 Regular Session.)

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9. Committee Report Nr. BRGY-2017-048
SECOND READING AFTER PUBLICATION BY POSTING
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Proposed Ordinance Nr. PO 0065-16 introduced by Hon. Leandro B. Yangot Jr. entitled, "Adopting

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the Seal of Good Housekeeping in all the barangays in the City of Baguio".
(NOTE: [a] A similar Proposed Ordinance Nr. PO 0037-15 introduced by Hon. Leandro B. Yangot Jr. entitled,
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"An Ordinance adopting the Seal of Good Housekeeping in all the barangays in the City of Baguio" was
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referred to the Committee on Barangay Affairs.
[b] FIRST READING -08 August 2016 Regular Session [Agenda Item Nr 5; and
[c] Rule IV, Sec. 2. B. a. of the Internal Rules of Procedure states "Second reading (Publication).The
committee concerned shall report out proposed penal and regulatory ordinances in due and proper form for
publication in at least one newspaper of general circulation in Baguio City before the same shall again be
calendared for second reading and be considered by the Sangguniang Panlungsod adopting the procedure
on second reading of the proposed ordinance (title only), discussion shall be allowed".
[d] The above proposal was posted on the bulletin boards of City Hall, Baguio City Public Market, Baguio City
Post Office, Baguio City Library and the Baguio City Health Services Office starting 29 March 2017.)

The Committee on Barangay Affairs recommends APPROVAL ON SECOND READING

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AFTER PUBLICATION BY POSTING.

v.Hon. Joel A. Alangsab, Member of the Committee signified "Certificate of fund availability v
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10. Committee Report Nr. BRGY-2017-055
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Ordinance No. 04, series of 2017 of Palma-Urbano Barangay entitled,
Barangay Ordinance 001, series of 2008 and adopting City TaxlOrdinance
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"An ordinance updating

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series of 2011."

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(NOTE: Res. 293, series of 2008 GRANTED FAVORABLE REVIEW OF BARANGAY ORDINANCES 001,
SERIES OF 2008 [ALL VEHICLES LOCATED AT THE CITY ROAD OF PALMA-URBANO BARANGAY

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MUST BE PARKED TEMPORARILY AT THE RIGHT SIDE AREA OF FIRST ROAD, PALMA ST., AND LEFT
SIDE AREA OF SECOND ROAD, NACNAC ST., DURING 6:00 AM TO 6:00 PM TO ALLEVIATE TRAFFIC
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CONGESTION, AVOID ACCIDENTS AND GIVE SAFETY TO RESIDENTS AND NON-RESIDENTS
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ESPECIALLY FOR CHILDREN GOING TO AND FROM THEIR RESPECTIVE SCHOOLS] AND 002,
SERIES OF 2008 [PROHIBITING THE UNAUTHORIZED PARKING OF MOTOR VEHICLES ON
BARANGAY SIDEWALKS. ALL VEHICLES LOCATED AT THE FIRST ROAD, PALMA ST. MUST BE
PARKED AT THE RIGHT SIDE AREA AND THE LEFT SIDE AREA OF SECOND ROAD AND AT THE LEFT
SIDE OF PINPIN ST. TO GIVE SAFETY TO RESIDENTS AND NON-RESIDENTS AND PROVIDING
PENALTIES THEREOF] OF PALMA-URBANO BARANGAY, BAGUIO CITY.)

The Committee on Barangay Affairs recommends to return the above ordinance without
favorable review on the basis of the following:

h 1. There is no need for Palma-Urbano Barangay to adopt City Tax Ordinance Numbered
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v.p 2011-01, series of 2011. The application of a city ordinance covers its entire territorial
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g o jurisdiction, hence, covering the 128 barangays of the City of Baguio. Palma Urbano
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Barangay is simply to implement City Tax Ordinance Numbered 2011-01, series of 2011;
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2. The ordinance shall embrace only one (1) subject matter. Provisions as regards obstruction
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i.e. dumping of construction materials as found under Section 1, item 5 and Section 4, item
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12 shall be treated in a separate barangay ordinance; and
3. The term "Updating" is recommended to be revised as "Amending".
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(Item 9, 29 May 2017 Agenda)

Committee Report Nr. EDUC-2017-020 o u


11.
.cintroduced by Hon. Leandro B. Yangot Jr. entitled, "An . co
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a. Proposed Ordinance Nr. PO 0017-16
ordinance formally identifying/declaring as heritage zones, sites, markers and buildings/structures
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in various areas within the City of Baguio, creating the Baguio Heritage Council, adopting the
policies and guidelines and providing funds therefor and for other purposes."
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(NOTE: [a] FIRST READING -20 June 2016 Regular Session [Agenda Item Nr.59].
[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".)

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n ciMayor Daniel T. Farias Creating the
b. Proposed Ordinance Nr. PO 008-10 of the late Hon. Vice

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Baguio Heritage Council and appropriating funds thereof.
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. and Historical Research recommends to properly .
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The Committee on Education, Culture
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address or provide unity in diversities in culture and in the evaluation and appreciation of
heritage and arts,w
the appropriate local cultural office or body envisioned or referred to under
Republic Act No. 10066, known as the National Cultural Heritage Act of 2009" will have to be
created to guide policy directions in the identification and preservation of local cultural
properties. With the approval of this recommendation, the Committee shall draft the
proposed ordinance for the purpose that shall incorporate the intentions and provisions of the
proposed measures which shall then be jointly authored by the members of the committee and
the proponents of the subject proposals. (Item 10, 29 May 2017 Agenda)

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12. Committee Report Nr. MARKET-2017-022

v SECOND READING AFTER PUBLICATION


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Proposed Ordinance Nr. PO 0039-17 introduced by Hon. Leandro B. Yangot Jr. entitled, "Requiring

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public and private market and talipapa vendors and helpers of Baguio City except those in malls and
shopping complex, to wear color-coded aprons while plying their trade and providing penalties
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thereof."
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(NOTE: The matter is related to the following:

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[a] Joint Proposed Ordinance of the late Hon. Daniel T. Farias and Hon. Edison R. Bilog "Requiring public

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vendors and helpers except those in malls and shopping complex in Baguio City, to wear color-coded

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apron while plying their trade and providing penalties for violations thereof, subject to existing laws, rules and

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regulations" was returned to the proponents with the information that the concerns, suggestions and

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recommendations of the City Treasurer's Office and the concerned vendors be studied and incorporated as

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amendments to the proposed ordinance on 14 November 2012.;

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[b] Proposed Ordinance Nr. PO 00119-11 of Hon. Edison R. Bilog entitled "Requiring public vendors and
helpers except those in malls and shopping complex in Baguio City, to wear color-coded apron while plying
their trade and providing penalties for violations thereof, subject to existing laws, rules and regulations", was
consolidated with the Proposed Ordinance Nr. 054-06 of the late Hon. Daniel T. Farias "Requiring Baguio
City public and private market vendors and their helpers to wear color-coded aprons while plying their trade
and providing penalties thereof".)

(NOTE: [a] FIRST READING 20 March 2017 Regular Session [Agenda Item Nr 09]; and
[b] Rule IV, Sec. 2. B. a. of the Internal Rules of Procedure states "Second reading (Publication). The
committee concerned shall report out proposed penal or regulatory ordinances in due and proper form for
publication in at least one newspaper of general circulation in Baguio City before the same shall again be
calendared for second reading and be considered by the Sangguniang Panlungsod adopting the following

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procedures: (a) Second Reading of the proposed Ordinances (title only). Discussion shall be allowed.)

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. go The Committee on Market, Trade, Commerce and Agriculture recommends APPROVALo
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(Item 11, 29 May 2017 Agenda)

J. COMMITTEE REPORTS:
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Committee Report Nr. A&F-2017-061 ou
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a. Resolution No. 14, series of 2017 . . co
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East Bayan Park Barangay entitled, "A resolution requesting

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the Honorable Councilor Elaine D. Sembrano to allocate funds in the amount of Two Hundred
Thousand Pesos (Php200,000.00)
the multi-purpose hall."
b. Resolution No. 025-2017 of Pacdal Barangay entitled, "A resolution requesting Hon. Elaine D.
Sembrano for fund allocation for the project flood control along Siapno Road amounting to Two
Hundred Thousand Pesos (Php200,000.00)."
c. Resolution No. 026, series of 2017 of Upper Quezon Hill Barangay entitled, "A resolution
requesting the Honorable Vice Mayor Edison R. Bilog to fund the opening and continuation of
road right of way at Upper Quezon Hill Barangay, Iron Street in the amount of Two Hundred

h Thousand Pesos (Php200,000.00)."


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v.p d. Resolution No. 017, series of 2017 of Upper Quezon Hill Barangay entitled, "A resolution
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g o requesting the Honorable Councilor Faustino A. Olowan to fund the opening and continuation of
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road right of way at Upper Quezon Hill Barangay, Iron Street in the amount of Two Hundred
Thousand Pesos (Php200,000.00)."
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e. Resolution No. 18, series of 2017 of Brookspoint Barangay entitled, "Resolution requesting Hon.
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Faustino A. Olowan, City Councilor, to cause the funding for the rehabilitation and concreting of

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fifty meters of the Brookspoint road leading to Brookspoint Elementary School."
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f. Resolution No. 21, series of 2017 of Bakakeng Norte/Sur Barangay entitled, "A resolution
requesting the Honorable Councilor Elmer Datuin to allocate from his Local Development Fund

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an amount of Two Hundred Thousand (Php200,000.00) Pesos for the road improvement at Purok
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3, Bakakeng Norte/Sur, Baguio City."
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g. Resolution No. 22, series of 2017 of Upper Quezon Hill Barangay entitled, "A resolution
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requesting the Honorable Councilor Peter C. Fianza to fund the opening and continuation of road
right of way at Upper Quezon Hill Barangay, Iron Street in the amount of Two Hundred
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Thousand Pesos (Php200,000.00)."

The Committee on Appropriations and Finance recommends that the above barangay
resolutions be forwarded to the City Development Council for possible inclusion in the listing
of priority projects of the city.

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14. Committee Report Nr. PUTTL-2017-079

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Notice of Hearing dated 17 April 2017 issued by Mr. Adriano B. Consunji, Chief, Commission

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Secretariat, National Telecommunications Commission, regarding the application of Swara Sug
Media Corporation under BMC CASE NO. 2017-082 is scheduled on May 15, 2017 at 10:00 am,
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Legal Branch, 3rd Floor, NTC Building, National Telecommunications Commission, BIR Road,
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East Triangle, Diliman, Quezon City, and request the following: ww
a. the issuance of a Certificate of Public Convenience (CPC) to install, operate and maintain a
Digital Terrestrial Television Broadcast (DTTB) Station in Baguio City,
b. issuance of Provisional Authority (PA) pending final determination of the application.

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


invite the officers and or its representatives of the Swara Sug Media Corporation to update or
educate the city council members concerning their application to operate a Digital Terrestrial

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Television Broadcast (DTTB) Station in the City of Baguio.

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15. Committee Report Nr. PUTTL-2017-080

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iowithin the
letter of PB Ignacio Labawig Gallente, Ph.D., Middle Quirino Hill Barangay resubmitting

barangay of Middle Quirino Hill for car repairs and providing penalties thereof."u
Ordinance No. 002, series of 2016 entitled, "An ordinance prohibiting the use of roads

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(NOTE: The matter is related to Ordinance No. 002, series of 2016 of Middle Quirino Hill Barangay entitled,
"Regulating the use of our barangay roads for car repairs" which was returned to the barangay on

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15 February 2017 to consider the observations raised during the 13 February Regular Session [Item 20 ].)
(Item 50, 22 May 2017 Agenda)
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.cTransportation and Traffic Legislation recommends . co
FAVORABLE REVIEW. w w
The Committee on Public Utilities,

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The committee on its previous recommendations or 2nd Indorsement, it requires the ww
Barangay: a) To modify or change the title of the ordinance considering that the use of roads
as car repairs is explicitly prohibited by law. The committee suggest that the title shall be
"Prohibiting the use of roads within the barangay of Middle Quirino Hill for car repairs and
providing penalties thereof".

The recommendation was adopted by the Barangay.

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.Verily, to PROHIBIT CAR REPAIRS ALONG THE ROAD OF MIDDLE QUIRINO HILL. v.p
is no reason not to APPROVE the Barangay Ordinance since the tenor was h
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actually

. "SUPERVENING EVENTS" due to "MECHANICAL FAILURE OF VEHICLES". .g


Barangay Ordinance ONLY provides EXEMPTIONS which are considered
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Likewise, as per verification with the research division, the city hasg
regulating emergency car repairs along City or Barangay road.ba
no existing ordinance

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16. Committee Report Nr. PUTTL-2017-081 n Chief, Water Rights Division, National
uBagalihog,
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Letter dated 08 March 2017 of Atty. Elenito M.
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Water Resources Board, requesting that the Notice of Water Permit Application for surface

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water/groundwater with WPA No. CAR-BEN-2017-04-040 filed by Alfonso Tan Lao sourced from
Groundwater, F. Calderon St., Baguio City, be posted on the bulletin board of the office concerned,
shall remain posted for a period of thirty (30) days from receipt and shall issue a certification that it
was posted.

The Committee on Public Utilities, Transportation and Traffic Legislation recommends for
posting of the Water Rights Applications of Mr. Alfonso Tan Lao on the bulletin board of the
city and likewise, a certification be issued after the said posting.

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v.p Letter dated 06 April 2017 of Atty. Elenito M. Bagalihog, Chief, Water Rights Division, National
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g o Water Resources Board, requesting that the Notice of Water Permit Application for surface
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water/groundwater with WPA No. CAR-BEN-2017-04-016 filed by Allan A. Alfonso at Talite
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Spring; Lower Cypress, Irisan, 2600 Baguio City be posted on the bulletin board of the office
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concerned and shall remain posted for a period of thirty (30) days from receipt hereof; and issuance

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of a certification that it was posted.

The Committee on Public Utilities, Transportation c l. Legislation recommends for


andiTraffic
posting of the Water Rights Application of Mr. n
city and likewise a certification be issuedo
uAllan A. Alfonso on the bulletin board of the
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after the said posting.
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18.
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Committee Report Nr. PUTTL-2017-083
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Proposed Ordinancew Nr. PO 0028-17 introduced by Hon. Arthur L. Allad-iw entitled, "Requiring all
local and national government offices, private and public schools, private and public hospitals
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including medical and diagnostic centers, the Bulwagan ng Katarungan (Justice Hall), banks,
churches, malls, supermarts, call centers, funeral homes, bus and van terminals, condominium
units/pension houses, hotels and apartelles in the City of Baguio to install taxi signage in strategic
areas in their establishments, establishing taxi stands and providing penalties for non-compliance
thereof".

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(NOTE: [a] FIRST READING 06 March 2017 Regular Session [Agenda Item Nr 9]; 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
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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(Item 9, 06 March 2017 Agenda)
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The Committee on Public Utilities, Transportation and Traffic Legislation recommends that
the City Secretariat shall schedule a public consultation regarding the Proposed Ordinance
0028-17 (Taxi Stands), and Proposed Ordinance No. 078-17 (Loading, Unloading and Taxi
Stands) before the above mentioned proposed ordinance be subject for consolidation and
Proposed Resolution No. 0074-17 (PODIUM Parking) purposely to gather the inputs and
sentiments of the public.

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Committee Report Nr. PUTTL-2017-084
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Proposed Ordinance Nr. PO 0022-17 of Hon. Benny O. Bomogao, Hon. Faustino A. Olowan and

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Hon. Michael L. Lawana entitled, "Mandating all establishments to have a built-in-power house
within their building, structures or premises and providing penalties."
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(NOTE: Ord. 18, series of 2016 states "SECTION 48. PROVISO FOR NEW BUILDINGS. - All new buildings,

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whether government-owned, commercial, industrial, or residential shall integrate in its plan as a requisite for

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issuance of a building permit, the following:

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a. Rain capture or water harvesting facility, water re-use, and recycling;

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b. Energy conservation retrofitting to more energy efficient devices;

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c. Waste water treatment facility, except for residential buildings; and

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d. Solid waste management with emphasis on segregation, minimization, recycling and composting.

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A building with a minimum roof area of 200 square meters shall incorporate at least thirty percent (30%) of its

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roof area for plants and trees. The Implementing Rules and Regulations to be formulated by the Baguio City
Green Building Committee shall provide for the appropriate soil layer and for the minimum height of plants for
the purpose of vegetating rooftops, with prejudice to the use of pots for said greeneries.
Public utility facilities like electrical transformers shall be placed within the building or lot."

(NOTE: [a] FIRST READING -13 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".

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

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Baguio City Post Office, Baguio City Library and the Baguio City Health Services Office starting 08 May 2017.

v.(Item This was also published in the Baguio Midland Courier issue on May 7, 2017.)
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49, 22 May 2017 Agenda)

o. The Committee on Public Utilities, Transportation and Traffic Legislation recommends


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APPROVAL on THIRD READING.

The above proposed ordinance was APPROVED on SECOND READING AFTER


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PUBLICATION on 22 May 2017 Regular Session.

Committee Report Nr. PUTTL-2017-085o


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THIRD READING
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Proposed Ordinance Nr. PO 0104-16 introduced by Hon. Benny O. Bomogao, Hon. Faustino A.
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Olowan, Hon. Michael L. Lawana, co-authored by Hon. Joel A. Alangsab, Hon. Elmer O. Datuin
and Hon. Arthur L. Allad-iw entitled, "Prohibiting unregistered vehicles from plying within the City
of Baguio".
NOTE: [a] FIRST READING - 10 October 2016 Regular Session [Agenda Item Nr. 5]; and
[b] Rule IV, Sec. 2. B. a. of the Internal Rules of Procedure states "Second reading (Publication).The
committee concerned shall report out proposed penal and regulatory ordinances in due and proper form for
publication in at least one newspaper of general circulation in Baguio City before the same shall again be
calendared for second reading and be considered by the Sangguniang Panlungsod adopting the procedure
on second reading of the proposed ordinance (title only), discussion shall be allowed";

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[c] The proposal was published in Baguio the Midland Courier on 30 October 2016 issue and posted on the

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bulletin boards of City Hall, Baguio City Public Market, Baguio City Post Office, Baguio City Library and the

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Baguio City Health Services Office starting 27 October 2016.)

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o. The Committee on Public Utilities, Transportation and Traffic Legislation recommends
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APPROVAL on THIRD READING of the amended proposed ordinance.
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21. Committee Report Nr. TOURISM-2017-017

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Proposed Resolution Nr. PR 0093-17 introduced by Hon. Elaine D. Sembrano entitled, "A resolution

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inviting in aid of legislation the Baguio Centennial Parks Committee of the Baguio Centennial
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Commission Member, Mr. Vic Agcaoili; the representative of the Bishop Carlito J. Cenzon
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Foundation, Inc., Ms. Maria Luisa Meneses; Department of Public Works and Highways-CAR

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Regional Director Nerie D. Bueno; City Environment and Parks Management Officer Cordelia C.
Lacsamana; the City Buildings and Architecture Officer Engr. Nazita F. Banez; and the City w
Treasurer Alex B. Cabarrubias, to apprise the City Council on the development of the fencing of the
Burnham Park."

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

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22. Committee Report Nr. PROTECTION-2017-013

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SECOND READING FOR PUBLICATION

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Proposed Ordinance Nr. PO 0086-17 introduced by Hon. Leandro B. Yangot Jr. entitled,
"Prohibiting the putting up of residential, institutional, educational, or any vertical structure within
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identified danger zones or high risk areas in the City of Baguio."
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(NOTE: [a] FIRST READING 22 May 2017 Regular Session [Agenda Item Nr 07]; and
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[b] Rule IV, Sec. 2. B. a. of the Internal Rules of Procedure states "Secondreading (Publication). The
committee concerned shall report out proposed penal or regulatory ordinances in due and proper form for
publication in at least one newspaper of general circulation in Baguio City before the same shall again be
calendared for second reading and be considered by the Sangguniang Panlungsod adopting the following
procedures: (a) Second reading of the proposed ordinances (title only). Discussion shall be allowed.)
(Item 7, 22 May 2017 Agenda)

The Committee on Public Protection and Safety, Peace and Order recommends APPROVAL

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ON SECOND READING FOR PUBLICATION.

v.Hon. Peter C. Fianza, Member of the Committee signified, "Discussions to define high risk v.

. go areas or danger zones needed for amendments before publication. . go


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23. Committee Report Nr. A&F-2017-062
1st Indorsement dated 22 May 2017 of Honorable City Vice Mayor a gR. Bilog of the letter
b
Edison

the attached Proposed Revenue Code of Baguio City. cil


.
dated 17 May 2017 of Honorable City Mayor Mauricio G. Domogan submitting to the August Body

The Committee on Appropriations and o


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Code of Baguio City as submitted. cthe Honorable City Mayor Mauricio G. Domogan and
Finance recommends to adopt the Proposed Revenue
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that the necessary ordinance be APPROVED on FIRST READING.

24. Committee Report Nr. HEALTH-2017-026


Letter dated 17 May 2017 of Atty. Nellie M. Olairez, President, BAPMWR submitting the list of
water refilling stations visited by the officers of the association in compliance with Res. 086, series
of 2017 entitled " Urging the Local Drinking Water Quality Monitoring Committee through the
Office of the City Health Services Officer, Baguio City and the President of the Baguio Association
of Purified and Mineral Water Refillers, Inc. to come up with a report/update on the compliance of
Drinking Water Refillers with Ordinance Numbered 41, series of 2007 and its Implementing Rules
h and Regulations for legislative support purposes. The following information was gathered:
h
v.p 1. Number of water refillers visited 193
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2. Number of water refillers with business permits (Annex A) 119

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3. Number of water refillers without business permits (Annex B) 74

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(NOTE: The matter is related to the following:

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[a] Res. 086, series of 2017 URGED THE LOCAL DRINKING WATER QUALITY MONITORING

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COMMITTEE THROUGH THE OFFICE OF THE CITY HEALTH SERVICES OFFICER, BAGUIO CITY AND

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THE PRESIDENT OF THE BAGUIO ASSOCIATION OF PURIFIED AND MINERAL WATER REFILLERS,

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INC. TO COME UP WITH A REPORT/UPDATE ON THE COMPLIANCE OF DRINKING WATER

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REFILLERS WITH ORDINANCE NUMBERED 41, SERIES OF 2007 AND ITS IMPLEMENTING RULES AND

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REGULATIONS FOR LEGISLATIVE SUPPORT PURPOSES;

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[b] Ord. 41, series of 2007 GUIDELINES FOR THE OPERATIONS OF PURIFIED AND MINERAL WATER
REFILLING STATIONS IN THE CITY OF BAGUIO AND PROVIDING PENALTIES THEREFOR.)
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The Committee on Health and Sanitation, Ecology and Environmental Protection,
recommends that the above matter BE FORWARDED to the Office of the City Mayor for
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appropriate action in regards the water refillers operating without business permit.

FURTHER, TO DIRECT the City Health Office to conduct immediately an inspection of all
the drinking water refillers operating with or without business pursuant to Resolution
Numbered 086, series of 2017 and Ordinance Numbered 41, series of 2007.

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25. Committee Report Nr. HEALTH-2017-027

o v Ordinance No. 01, series of 2017 of Palma-Urbano Barangay entitled, "An ordinance towards a
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more efficient garbage collection scheme."

o. Upon meeting with the representative of the Palma-Urbano Barangay Council, the barangay
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ordinance was amended in conformity with R.A 9160 and R.A 9003.
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In view thereof, the Committee on Health and Sanitation, and Environmental

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Protection, therefore, recommends FAVORABLE REVIEW above barangay ordinance

.
hereto attached and forms part of this o
as amended. A copy of the amended barangay
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ordinance as transmitted on 18 May 2017 is
report.
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Committee Report Nr. w
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Ordinance No. 02,w w
26. HEALTH-2017-028
series of 2017 of Palma-Urbano Barangay entitled, "An ordinance for the
prevention and control mosquito-borne diseases in Barangay Palma-Urbano."
The Committee on Health and Sanitation, Ecology and Environmental Protection,
recommends FAVORABLE REVIEW of the above barangay ordinance.

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27. Committee Report Nr. HEALTH-2017-029

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Ordinance No. 07, series of 2016 of Aurora Hill Barangay entitled, "Barangay Ordinance on Dengue

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and Chikungunya prevention and control".
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The Committee on
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Health and Sanitation, Ecology
and Environmental Protection,
recommends FAVORABLE REVIEW of the above barangay ordinance.
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28. Committee Report Nr. HEALTH-2017-030
2nd Indorsement dated 19 April 2017 of Atty. Melchor Carlos R. Rabanes, Assistant City Legal
Officer and Officer-In-Charge forwarding a copy of the letter forwarded to Mr. Romeo G. Concio,
General Services Officer, the comment of the City Legal Office to the letter of the General Services
Officer dated 23 March 2017 addressed to the City Mayor, re: disposition of the organic fertilizer
produced by the Environmental Recycling System.

p h TOonINVITE ph
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The Committee Health and Sanitation, Ecology and Environmental Protection therefore,
v recommends the following personalities on June 19, 2017 during the regular city
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. go council go
session to enlighten the City Council on the matter of the organic fertilizer produced
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o by the ERS and related matters for legislative support purposes:
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agManagement Officer;
1. ROMEO D. CONCIO, General Services Officer;

3. DR. LORENZO M. CARANGUIAN, Regional.b


2. CORDELIA C. LACSAMANA, City Environment and Parks

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Executive, Regional Executive

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Director, Department of Agriculture-CAR c his duly authorized representative;

o u Regional Agricultural and Fishery Council-


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and

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4. BALBINA A. ERNESTO, Chairperson,
.
CAR.
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Committee Report Nr. w
29.
wHEALTH-2017-031
SECOND READING FOR PUBLICATION ww
Proposed Ordinance Nr. PO 0072-17 introduced by Hon. Lilia A. Farias entitled, "Mandating all
business owners, operators, or their authorized representatives to attend a seminar on waste and
water management as a prerequisite for the issuance of business permits."
(NOTE: [a] FIRST READING 08 May 2017 Regular Session [Agenda Item Nr 11]; and
[b] Rule IV, Sec. 2. B. a. of the Internal Rules of Procedure states "Second reading (Publication). The
committee concerned shall report out proposed penal or regulatory ordinances in due and proper form for
publication in at least one newspaper of general circulation in Baguio City before the same shall again be

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

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

ov 11, 08 May 2017 Agenda)


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The Committee on Health and Sanitation, Ecology and Environmental Protection,
recommends APPROVAL on SECOND READING AND FOR PUBLICATION
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proposed ordinance.

30. Committee Report Nr. BRGY-2017-071 b


l. Year 2017 amounting to
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Annual Budget of West Modernsite Barangay for
Php1,847,366.00.
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.crecommends giving FAVORABLE REVIEW the above
The Committee on Barangay Affairs . co
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Annual Budget and returning the same to the concerned barangay through the City Budget

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Officer for implementation.
Committee Report Nr. BRGY-2017-072
31.
Barangay Resolution Number 29, series of 2012, of Palma-Urbano Barangay entitled, A resolution
approving the collection of garbage fees be charged upon application of business permits, barangay
clearances and barangay certifications.
(NOTE: [a] Section 32 B of Tax Ordinance 2000-001 as amended by Tax Ordinance 2003-q03 reads, The
City Treasurer may deputize the Barangay Treasurers, when and where possible, to collect from private
residences/households and apartment houses the garbage fees herein imposed. Deputized Barangay

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Treasurers may collect only from private residents/households and apartment residents, and not from

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business proprietors.

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Barangays collecting garbage fees from their constituents are entitled to 30% share of the collection and

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additional share as incentive for 80%, 90% and 100% collections. A discount of 10% shall be given to

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taxpayers who are prompt and up-to-date in the payment of their garbage fees. A 10% surcharge and 1%

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interest per month on the fees to be paid shall be collected for failure to pay the said fees within the

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prescribed period.

following.)
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Billing will be done quarterly, but payment should be made on or before the 20th day of the month

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The Committee on Barangay Affairs recommends NOTING the above Resolution.

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32. Committee Report Nr. BRGY-2017-073
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Barangay Resolution No. 01, series of 2011, of Malcolm Square Barangay entitled, A resolution
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expressing approval of the enactment by the Sangguniang Barangay of a tax ordinance which shall

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authorize the barangay to collect parking fees among vehicle owners using the streets within
Malcolm Square Barangay as a parking area. w
The Committee on Barangay Affairs recommends NOTING the above Resolution. City Tax
Ordinance Numbered 2011-01, series of 2011 prevails and applies.

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33. Committee Report Nr. BRGY-2017-074

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Ordinance No. 05, series of 2011, of Sto. Nio, Slaughterhouse Compound Barangay entitled An

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ordinance adopting City Ordinance Numbered 2003-04 rationalizing the payment of sewage fees for
the maintenance and operation of the sewerage system of the City of Baguio.
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The Committee on Barangay Affairs recommends NOTING the above Ordinance with a ww
manifestation that there is no need for Sto. Nio, Slaughterhouse Compound Barangay to
adopt City Tax Ordinance Numbered 2003-04. The application of a city ordinance covers its
entire territorial jurisdiction, hence, covering the 128 barangays of the City of Baguio.
Sto. Nio Slaughterhouse Compound Barangay is simply to implement said City Tax
Ordinance.

34. Committee Report Nr. BRGY-2017-075


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Barangay Ordinance No. 001, series of 2011, of Upper Quezon Hill Barangay entitled, Barangay

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ordinance allowing the increase on charges of revenue collection particularly on collection of

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barangay clearances, filing fees certification fees and business permit.

o. The Committee on Barangay Affairs recommends APPROVAL pursuant to Section 57 (c) of


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the Local Government Code of 1991.
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35. Committee Report Nr. BRGY-2017-076
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Barangay Ordinance No. 01, series of 2010, of Palma-Urbano Barangay, entitled An ordinance

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amending Tax Ordinance No. 02-2007 by deleting Section 4 (c) (3.0) and providing for a separate
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provision on night parking to be known as Section 4 (e) of the same ordinance and for other
purposes. w
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(NOTE: Res. No. 046, s. 2008, favorably reviewed Barangay Ordinance No. 2, series of 2007, [enacting a
comprehensive Barangay Tax Ordinance (enacting a comprehensive barangay tax ordinance imposing taxes
on retailers whose gross sales for receipts for the preceeding year is P50,000.00 or less, fees and charges for
services rendered within barangay Palma-Urbano, City of Baguio, and for other purposes) imposing taxes on
retailers or enterpreneurs engaged in business with the barangay whose gross sales or receipts for the
preceeding year does not exceed Fifty Thousand Pesos (Php50,000.00) or less; fees or charges for services
rendered within the Barangay Palma-Urbano, Baguio City, Philippines, and for other purposes] of Palma-
Urbano Barangay, Baguio City.)

The Committee on Barangay Affairs recommends APPROVAL pursuant to Section 57 (c) of

ph Report Nr. BRGY-2017-077 h


the Local Government Code of 1991.

v.Committee v .p
go Barangay o
36.

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Ordinance No. 02, series of 2010, of Santo Tomas Proper Barangay, entitled Barangay
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ordinance stipulating the amount to be collected for clearances and fees of Santo Tomas
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Proper

ag to Section 57 (c) of
Barangay.

The Committee on Barangay Affairs recommends APPROVAL


il. b pursuant
the Local Government Code of 1991.
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Committee Report Nr. BRGY-2017-078 ou
37.
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Carantes Barangay, submittingw w
Letter dated 19 November 2014 of Punong Barangay Helen S. Medina of Harrison-Claudio-

ww Number 01-08 entitled, 'Enacting a comprehensive Barangay Tax ww


their Amended Barangay Tax Ordinance No. 01, series of 2014
entitled, "Amending Ordinance
Ordinance imposing taxes on retailers or entrepreneurs engaged in business in the barangay and
charges for services rendered within the barangay of Harrison-Carantes-Claudio, City of Baguio,
and to include additional requirements in securing barangay business clearances.'"

The Committee on Barangay Affairs recommends APPROVAL pursuant to Section 57 (c) of


the Local Government Code of 1991.

38.
hCommittee Report Nr. BRGY-2017-079
h
v.p Barangay Tax Ordinance No. 1, series of 2014, of Loakan-Apugan Barangay entitled, "An
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g o Ordinance amending certain provisions of Barangay Tax Ordinance No. 1, series of 2013 "Enacting
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a Barangay Tax Ordinance imposing fees for services rendered within the territorial jurisdiction of
Loakan-Apugan Barangay, Baguio City."
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(NOTE: Res. No. 029, series of 2014 granted favorable review of barangay Tax Ordinance No. 1, series of
2013 [Enacting a barangay tax ordinance imposing fees for services rendered within the territorial jurisdiction

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il. pursuant to Section 57 (c) of
of Loakan-Apugan Barangay, Baguio City], of Loakan-Apugan Barangay, Baguio City.")

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The Committee on Barangay Affairs recommends APPROVAL

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the Local Government Code of 1991.

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39. Committee Report Nr. BRGY-2017-080
w No. 1, series of 2003, Article III Section 5, Section 6/ Article IV
Barangay Ordinance No. 2, series of 2014 (Amendatory Provision), of West Quirino Hill Barangay,
wOrdinance
"Amending (Barangay w
Section 7) the increase of fees in securing barangay clearance, barangay certification and filing fee
(case settlement) and other pertinent documents."

The Committee on Barangay Affairs recommends APPROVAL pursuant to Section 57 (c) of


the Local Government Code of 1991.

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40. Committee Report Nr. BRGY-2017-081

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Undated letter of Punong Barangay Felipe G. Gabriz, of East Bayan Park Barangay, submitting the

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following;

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a] Ordinance No. 2-11, of East Bayan Park Barangay entitled, An ordinance enacting a
comprehensive additional Barangay Tax Ordinance imposing taxes on rental of
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equipment of the barangay fees and charges for service rendered within the
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Barangay of East Bayan Park Barangay, Aurora Hill, Baguio City and for other ww
purposes.
b] Barangay Ordinance No. 03, series of 2011, of East Bayan Park Barangay entitled, One-
lane straight parking along the main thoroughfares, including the vacant lot along Purok
One of East Bayan Park Barangay, Aurora Hill, Baguio City.
The Committee on Barangay Affairs recommends APPROVAL pursuant to Section 57 (c) of
the Local Government Code of 1991.

v ph Report Nr. BRGY-2017-082


.Committee
Barangay Resolution No. 05, series of 2009, of Session-Governor Pack Barangay, enacting Tax v.
41. ph
. go Ordinance . go
No. 03, series of 2009, entitled An ordinance enacting fees on payments derived from
o donations, fees, and charges for services rendered all within Session-Governor
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Pack Barangay,

ag to Section 57 (c) of
Baguio City and for other purposes.
The Committee on Barangay Affairs recommends APPROVAL
il. b pursuant
the Local Government Code of 1991.
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.cBarangay Ignacio Genesis L. Gallente, of Middle Quirino co
42. Committee Report Nr. BRGY-2017-083

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Letter dated 10 December 2012 of Punong
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posters and streamers." w
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Hill, submitting their Ordinance No. 004, series of 2012 entitled, "An ordinance imposing fees on
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The Committee on Barangay Affairs recommends APPROVAL pursuant to Section 57 (c) of
the Local Government Code of 1991.

43. Committee Report Nr. BRGY-2017-084


Letter dated 11 September 2012 of Punong Barangay Justina P. Andaya, Fairview Barangay
submitting their Tax Ordinance No. 002, series of 2012 entitled, Amending Sections 1, 2 and 3 of
Tax Ordinance No. 001, series of 2008.
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(NOTE: Tax Ordinance No. 001, series of 2008 of Fairview Barangay entitled, An ordinance imposing

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barangay clearance fees, filing fees, certification fees, rental of barangay properties, and other fees and

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charges.)

o. The Committee on Barangay Affairs recommends APPROVAL pursuant to Section 57 (c) of


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the Local Government Code of 1991.

44. Committee Report Nr. BRGY-2017-085


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Barangay Ordinance No. 1, series of 2012, of Cabinet Hill-Teachers Camp Barangay entitled, An

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ordinance amending Barangay Ordinance No. 1, series of 2008 implementing fees on barangay
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certifications, clearances and business clearances for revenues of Barangay Cabinet Hill-Teachers
Camp in accordance with the Local Government Code.
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The Committee on Barangay Affairs recommends APPROVAL pursuant to Section 57 (c) of
the Local Government Code of 1991.
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45. Committee Report Nr. BRGY-2017-086
Barangay Ordinance No. 001, series of 2011, of East Modernsite Barangay entitled, An ordinance
amending Barangay Tax Ordinance No. 4, series of 2008, Section 3 - fees and charges.

The Committee on Barangay Affairs recommends APPROVAL pursuant to Section 57 (c) of

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the Local Government Code of 1991.

v.Committee v .p
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46.
. .
Letter dated 13 February 2017 of Ms. Georgie Galera Romero requesting for the Transfer g of
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guor less allocated
located at Res. Section "H" Lot 32, Block No. 21, Baguio Workingmen's Village Bayan
Park Village, Aurora Hill, Baguio City with an area of 250 square meters more
a
il.Citybfromtransfer
to the late Ms. Carmen S. Galera.
b. Letter dated 18 June 2014 of Ms. Georgie Galera Romero, requesting of rights over Lot
32, Block No. 21, Bayan Park Village, Aurora Hill, c
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Baguio the late Ms. Carmen S.

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Galera in her favor.
(Item 14, 27 June 2016 Agenda)
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Based on the documents
verification reportw w submitted to the Committee by Ms. Georgia Galera Romero and the
upon actual site inspection dated April 28, 2017 by the City Planning and www
Development Office, The Committee on Urban Planning, Lands and Housing recommends
APPROVAL of the application of Ms. Georgia Galera Romero for Transfer of Rights over Lot
32, Block No. 21 located at Res. Section "H" Workingman's Village Bayan Park Village,
Aurora Hill, Baguio City with an area of 250 square meters more or less allocated to the late
Ms. Carmen S. Galera.

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47. Committee Report Nr. UPLH-2017-015

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Proposed Resolution Nr. PR 0089-17 introduced by Hon. City Vice Mayor Edison R. Bilog entitled,

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"Requesting Hon. Marquez Q. Go, Representative, Lone District of Baguio City, to intercede with
the concerned offices/agencies for the improvement or development of road going to the Muslim
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Cemetery at Tuba, Benguet."
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The Committee on Urban Planning, Lands and Housing recommends that the above proposed
resolution be APPROVED in accordance with the provisions of Republic Act 8794, otherwise
known as the Motor Vehicle User's Charge Law (MVUC Law). Provided further that the
subject road for improvement be confirmed whether it is within the territorial jurisdiction of
the City of Baguio.

48. Committee Report Nr. A&F-2017-063


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1st Indorsement dated 18 May 2017 of Hon. City Vice Mayor Edison R. Bilog, forwarding the letter

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dated 16 May 2017 of Mr. Romeo D. Concio, City General Services Officer requesting for authority

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to charge against current appropriation prior year expenses of water delivery in the amount of Thirty

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Eight Thousand Two Hundred Thirty Five Pesos (Php38,235.00), covering expenses incurred from
February 05 to October 20, 2016.
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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
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ordinance be approved on FIRST READING DISPENSING WITH THE SECOND AND
THIRD READINGS.
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49. Committee Report Nr. A&F-2017-064w. w .
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Resolution No. 25-17, series of 2017 of Fairview Barangay entitled, "A Sangguniang Barangay
Resolution requesting the Hon. Members of the Sangguniang Panlungsod, City Treasurer's Office to
waive the amount of Php6,160.00 with ARP No. 01-04012-61132 for the period covered from 2011
to 2017 and conduct re-assessment."

The Committee on Appropriations and Finance recommends APPROVAL of the foregoing


request in accordance with the Local Government Code of 1991 and that the necessary
ordinance be approved on FIRST READING DISPENSING WITH THE SECOND AND
THIRD READINGS.

v ph Report Nr. YWSD-2017-010


.Committee
50.
v . ph
. go Proposed go
Resolution Nr. PR 0091-17 introduced by Hon. Edgar M. Avila entitled, " Resolution
congratulating and commending Team Tribal Torogi of Baguio City headed by Coach .
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Gazmin and Coach Brent Velasco for becoming the Overall Champion in the NationalioMuay
Christian
Thai

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Open held last May 19-22, 2017 at the 2nd Floor Ballroom Elorde Sports Complex, Sucat Paranaque

.
cil recommends APPROVAL the
City."

The Committee on Youth Welfare and Sports n


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Development
above resolution.
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Proposed Resolution Nr.w
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51. Committee Report Nr. TOURISM-2017-018

w PR 0092-17 introduced by Hon. Edgar M. Avila entitled, "Resolution


congratulating and commending John Raspado for winning the Mr. Gay World 2017 contest in
Spain on May 11, 2017 and giving honor and pride to the City of Baguio."

The Committee on Tourism, Special Events, Parks and Playgrounds recommends that the
above proposed resolution be NOTED since a similar Proposed Resolution Numbered PR
0080-17 was approved on joint and collective motion during the May 22, 2017 Regular Session.

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52. Committee Report Nr. LAWS-2017-051

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a. Advance Notice to avail of the Citizen's Forum on 13 February 2017 by Ms. Monica Domingo, et

o v al., regarding complaints about the fencing permit and development plan, and others of Sta. Lucia
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Holdings with regard to lands along Suello Village, Marcos Highway, Baguio City.
(NOTE: The matter is related to the following:

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[a] Letter dated 06 March 2017 of Engr. Nazita F. Banez, City Government Department Head II, City

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Building Official, Buildings and Architecture Office forwarding the certified photocopies of the Fencing

b
Permit Numbers 2016-000-223 and 2016-000-224 issued to Sta. Lucia Realty and Development, Inc.

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dated December 06, 2016 for information and reference which was furnished during the 06 March 2017
Regular Session;
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[b] Letter dated 03 March 2017 of Atty. Abelardo B. Albis Jr., Counsel for Sta. Lucia Realty and

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Development Incorporated and Baguio Properties, Inc. to the Honorable Members of the Sangguniang

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Panlungsod of Baguio City, forwarding all the papers, permits and documents relative to the

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development plan of Pinewoods Golf and Residential Estate which was furnished during the 06 March

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2017 Regular Session;

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[c] Judgment dated 05 January 2015 issued by Judge Roberto R. Mabalot, Municipal Trial Court in Cities,
First Judicial Region, Branch 1, Baguio City in relation to Civil Case No. 13810, for: Forcible Entry
entitled, "Sta. Lucia Realty and Development Corporation and Baguio Properties, Incorporated,
Plaintiffs versus Heirs of Tunged represented by Rosita Yaris Liwan, Dario Saingan and Teodoro
Saingan and all persons claiming rights under them, Defendants." which was furnished to the
Honorable Members on 21 February 2017;
[d] Res. 072, series of 2017 DIRECTED THE PERMITS AND LICENSING DIVISION, OFFICE OF THE
CITY MAYOR, TO CONDUCT INSPECTION OF ALL GOLF COURSES IN THE CITY OF BAGUIO
AND TO SUBMIT A REPORT TO THE SANGGUNIANG PANLUNGSOD (CITY COUNCIL) WITHIN

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SEVEN DAYS FROM APPROVAL OF THIS RESOLUTION.;

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[e] Res. 071, series of 2017 REQUESTED THE CITY BUILDINGS AND ARCHITECTURE OFFICE TO
RELEASE CERTIFIED PHOTOCOPIES OF ALL DOCUMENTS AND ATTACHMENTS RELATIVE TO

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THE ISSUANCE OF THE FENCING PERMIT OF STA. LUCIA REALTY DEVELOPMENT, INC. AS
NEEDED AND REQUESTED BY AFFECTED RESIDENTS OF SITIO AGNAS, TILI, ASIN ROAD,
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BAGUIO CITY.

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[f] Res. 071A, series of 2017 REQUESTED STA. LUCIA REALTY DEVELOPMENT, INC. TO STOP ALL

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ACTIVITIES AND DEVELOPMENT WORKS AT SITIO AGNAS, TILI, ASIN ROAD, BAGUIO CITY,
WHILE AWAITING FOR THE REQUESTED DOCUMENTS WITH THE CITY BUILDINGS AND
ARCHITECTURE OFFICE MADE BY AFFECTED RESIDENTS/CLAIMANTS THEREIN;
[g] Res. 246, series of 2008 COMPELLED THE STA. LUCIA REALTY AND DEVELOPMENT, INC. TO
FINISH ALL DEVELOPMENT WORKS IN THE PINEWOOD RESIDENTIAL ESTATE AND
FORWARDING TO THE HOUSING AND LAND USE REGULATORY BOARD (HLURB) THE
NONCOMPLIANCE BY STA. LUCIA REALTY AND DEVELOPMENT WITH THE TIMETABLE FOR
SUBDIVISION DEVELOPMENT
[h] 1st Indorsement of Hon. City Mayor Mauricio G. Domogan forwarding for consideration the amended
Environmental Compliance Certificate (ECC) issued by the DENR-CAR to the Sta. Lucia Realty and
Development Inc. (SLRDI) on April 16. 1997 for the development and operation of the Pinewood

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Residential Estate, a subdivision project located at area transgressing portion of Asin Barangay, Baguio
City and the sitios of Ampasit and Tili, Tuba, Benguet and the Memorandum of Agreement of the

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DENR-CAR, Sta. Lucia Realty Development Inc. and the City Government of Baguio for the Multipartite
Monitoring Team, Environment Monitoring Fund and Environmental Guarantee Cash Fund of Pinewood

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Residential Estate of the Sta. Lucia Realty Development Incorporation, within Baguio City which was

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forwarded to the Committee on Urban Planning, Lands and Housing on 11 July 2000;
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[i] Res. 334, series of 1997 APPROVED THE APPLICATION OF STA. LUCIA REALTY AND

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DEVELOPMENT, INC. FOR LOCATIONAL CLEARANCE AND DEVELOPMENT PERMIT FOR THE

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PINEWOOD RESIDENTIAL ESTATE, BAGUIO CITY, SUBJECT TO THE CONDITIONS SET FORTH

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BY THE SANGGUNIANG PANLUNGSOD (CITY COUNCIL) COMMITTEE ON HOUSING,
RELOCATION SITES AND LANDS AS CONTAINED IN ITS 2ND INDORSEMENT DATED 05
SEPTEMBER 1997.)
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o F. Banez, City Government Department Head II,
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b. Letter dated 10 March 2017 of Engr.c Nazita
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City Building Official, furnishing
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wrelative to the implementation of the fencing permit of Sta. Lucia. ww
compliance to Res. 073, series 2017 directing the City Buildings and Architecture Office to
conduct inspection
(NOTE: Res. 073, series of 2017 DIRECTING THE PERMITS AND LICENSING DIVISION, OFFICE OF THE
CITY MAYOR, TO CONDUCT INSPECTION OF ALL GOLF COURSES IN THE CITY OF BAGUIO AND TO
SUBMIT A REPORT TO THE SANGGUNIANG PANLUNGSOD (CITY COUNCIL) WITHIN SEVEN DAYS
FROM APPROVAL OF THIS RESOLUTION.)

The following are the status of cases of Sta. Lucia Realty vs. Heirs of Tunged:

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1. Pending in NCIP: Opposition against the claims of Heirs of Tunged or Heirs of Saguilit

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Sacay, Heirs of Pauline Calgo, Heirs of Paloag and other possible claimants;
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ancestral rights with prayer for TRO against the Security Officers of Sta. Lucia. . gwas
Saingan and Rosita Liwan filed with the NCIP a case for enforcement and protection o
o dismissed by the NCIP;
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This

3. Pending Environmental Case No. 8548 entitled Heirs of b ag


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Tunged vs. Sta. Lucia, Baguio

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Properties, Environment Management Bureau of Cordillera Region, filed in
Branch 5, Regional TRial Court in Baguio City. n
the Heirs of Tunged are not real partiesu
case was immediately dismissed because

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in interest entitled to relief. A Motion for
Reconsideration was filed and still .pending; .
4. Heirs of Tunged alsow
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w filed in Branch 7, Regional Trial Court in Baguio City, Civil Case No.
8265 for Removal of a Cloud, Judicial Determination of Actual Boundaries, Recovery of ww
Possession and Damages against Sta. Lucia and Baguio Properties. The case was dismissed,
however, a motion for reconsideration was filed;

5. Sta. Lucia Realty and Baguio Properties filed and ejectment case vs. Heirs of Tunged, et. al.,
before the Municipal Trial Court, Baguio City. The MTC decided the case in favor of
plaintiffs Sta. Lucia and Baguio Properties. An appeal was filed by the Heirs of Tunged. The

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appeal is still pending before the Regional Trial Court, Branch 60. However, the Heirs of

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Tunged failed to file their supersedeas bond in order to stay the decision of eviction by MTC.

o v Resultingly, the MTC issued a writ of execution. Not complying with notice to evict, at the
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instance of Sta. Lucia, the RTC issued an Order of Demolition. For this reason, the Heirs of
Tunged were forced to vacate the premises. The main case of appeal however, is still pending
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before the RTC.

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The Committee on Laws, Human Rights and Justice, considering the fact that numerous cases

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are filed by the parties in the different offices of the government and the courts, the committee

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deemed that the matter is considered under the SUB JUDICE rule.
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Further, the committee recommends the parties to settle their differences and come up with a

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Win-Win Solution for the best interest of all the parties concerned and the City of Baguio.
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53. Committee Report Nr. LAWS-2017-052
Letter dated 12 May 2017 of Ms. Betty F. Fangasan, City Social Welfare and Development Officer
requesting amendment of City Ordinance Numbered 06, series of 2017, to include the source of
fund to be utilized charged against the Continuing Capital Outlay of City Social Welfare and
Development Office.
(NOTE: Ordinance No.06, Series of 2017 APPROVED THE REQUEST OF THE CITY SOCIAL WELFARE

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v.p 5 June 2017 Agenda
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AND DEVELOPMENT OFFICE OF THE CITY OF BAGUIO TO PURCHASE A COMMUTER VAN IN

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ACCORDANCE WITH THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
MEMORANDUM CIRCULAR NO. 2013-47, SERIES OF 2013, AS AMENDED.)

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The Committee on Laws, Human Rightsoand Justice recommends APPROVAL of the attached
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Proposed Ordinance [PO 0102-17] Amending Ordinance Numbered 06, series of 2017 on
FIRST READING DISPENSING WITH THE SECOND AND THIRD READINGS.

54. Committee Report Nr. LAWS-2017-053


THIRD READING
Proposed Ordinance Nr. PO 0110-12 of Hon. Edison R. Bilog "Preventing acts of bullying
committed among students in Baguio City."
(NOTE: [a] FIRST READING - 26 November 2012;
[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

.(Item .p
calendared for second reading and be considered by the Sangguniang Panlungsod on second reading of the

v proposed ordinances, discussion shall be allowed.'')


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6, 09 January 2017 Agenda)

o. The Committee on Laws, Human Rights and Justice recommends APPROVAL of the
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aforementioned ordinance on THIRD READING.
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il. "but with the insertion of the
word "willfully and " feloniously", in last paragraphc
Hon. Benny O. Bomogao, Member of the Committee signified,

unif they willfully and feloniously omit to


5 of Section 6, so that it will read: "x x x

report any acts of bullying witnessed.co co


guardians, and students not criminally exempted

- The penalty for failure to report.bullying is greater than one who instigate, initiate or bring .
about acts of bullying.w
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This is a disparity, penalty for omission should be reduced if not
entirely removed."

55. Committee Report Nr. EGAP-2017-032


Letter dated 11 May 2017 of Hon. City Mayor Mauricio G. Domogan requesting hiring/renewal of
two (2) Engineer I, SG-12 and three (3) Administrative Aide III (Driver I) positions under Casual
Status in the City Environment and Parks Management Office covering the period July 01 to
December 31, 2017.
(NOTE: Section 77 of the Local Government Code states that the period of employment of emergency or

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.ThepCommittee on Ethics, Governmental Affairs and Personnel recommends APPROVAL of v.p
casual laborers as provided in this section shall not exceed six [6] months).

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K. OTHER MATTER/S:
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L. CITIZENS' FORUM
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M. CLOSING PRAYER ww Hon. BENNY O. BOMOGAO shall lead the closing prayer.
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N. BAGUIO HYMN

O. ADJOURNMENT

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