Minutes 19 May 24 2022
Minutes 19 May 24 2022
TUESDAY, MAY 24, 2022, AT THE SESSION HALL, SANGGUNIANG PANLUNGSOD, CITY
OF DAVAO
PRESENT:
ABSENT:
-oOo-
Upon direction of the Temporary Presiding Officer (TPO), Ms. Charito N. Santos,
Secretary to the Sanggunian, called the roll which established that twenty-three (23)
members of the body were present, thus mustering a quorum.
Councilor J. Melchor B. Quitain Jr., the Floor Leader (FL), presented a motion,
duly seconded by Councilors Rodolfo M. Mande, Pilar C. Braga, Conrado C. Baluran, Bai
Hundra Cassandra Dominique N. Advincula, Jessica M. Bonguyan and Myrna G.
L'Dalodo-Ortiz, for the approval of the Minutes of the regular session held on May 17,
2022. There being no further discussions, the motion was approved.
The Floor Leader next presented a motion, duly seconded by Councilors Pilar C.
Braga, Conrado C. Baluran, Mary Joselle D. Villafuerte, Dante L. Apostol Sr., Jessica M.
Bonguyan and Myrna G. L'Dalodo-Ortiz, to consider the following Items, to have been
read and passed under First Reading, as follows:
1760 Letter of Rey Peter B. Gille, DM, Regional Director, Department of Public
Works and Highways, Region XI, relative to the Construction of Flyover
along Davao City Diversion Road (Jct. Magtuod/Ma-a Section), for
appropriate action of the Body.
1763. City Housing and Land Use Regulatory Unit Resolution No. 05-22, Series
of 2022, favorably endorsing to the City Council the Application of
EURECA Development Corp., for the Development Permit (DP) of their
proposed residential subdivision Alta Josefina Subdivision located at
Sitio San Pedro, Barangay Catalunan Grande, Talomo District, Davao
City, for appropriate action of the Body.
UNFINISHED BUSINESS
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Councilor J. Melchor B. Quitain Jr.
At the onset of the discussion of Item No. 1731 pertaining to Ordinance No.
04, Series of 2022, of the Barangay Council of Buhangin Proper, Buhangin District, this
City, entitled “An Ordinance Prohibiting Private and Public Motor Vehicles including
Motorized Tricycles, and Trisikads, Motorcycles, Bicycles, and Manual-Powered Tricycles
to Park along Barangay Roads, Road-Rights-of-Way, and Roads surrounding the
Basketball Courts and Gymnasiums of Barangay Buhangin Proper”, Councilor Quitain Jr.
manifested that said item was presented for Second Reading during the previous
session but the following questions raised by Councilors Ralph O. Abella and Dante L.
Apostol Sr. were unanswered: 1) whether or not a public hearing was conducted by
the barangay and the results of such hearing, and 2) whether or not the barangay
roads have been properly identified by the barangay. Since Kagawad Danilo
Dayanghirang II was present to answer the queries, Councilor Quitain Jr. presented a
motion, duly seconded by Councilors Villafuerte, Braga and L'Dalodo-Ortiz, to convert
the Body into a Committee of the Whole.
Upon due recognition, Kagawad Danilo Dayanghirang II clearly stated that the
barangay indeed conducted several public hearings or consultations. In fact, he was in
possession of the invitations for such public hearings as well as the list of attendees.
Regarding the results, residents who have vehicles questioned the Barangay Ordinance.
However, the Kagawad emphasized that the main reason for the legislation is that, in
times of emergencies, emergency vehicles cannot enter the roads of Barangay
Buhangin Proper in view of the fact that they are narrow not to mention the parked
vehicles along such roads. Even garbage trucks of the City Environment and Natural
Resources Office (CENRO) cannot enter said roads. He also said that residents who do
not have their own vehicles agree with the proposed Ordinance since parked vehicles
also cause traffic congestion. In general, most residents of the barangay, especially
Purok Leaders, are agreeable to the proposed Ordinance since they are the ones who
have to call the attention of vehicle owners whenever trucks need to pass by the
barangay roads.
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After the kagawad satisfactorily answered the questions, the Body was reverted
to the plenary. This was followed by his motion for the approval of the Committee
Report which was duly seconded by Councilors Abella, Apostol Sr. and Advincula. After
the approval of the Committee Report, the proponent presented a motion, duly
seconded by Councilors Advincula, L'Dalodo-Ortiz and Villafuerte; co-sponsored by
Councilor Abella, for the approval of the following Resolution:
Recapitulating the discussion during the presious session regarding Item No.
1240 pertaining to the request of Mr. Nony Necesito, Manager, Ecoland Properties
Development Corporation, for the reclassification of 24.8 hectares parcel of land
located in Barangay Manuel Guianga, Tugbok District, Davao City from Prime
and Marginal Agricultural Zone to Socialized Housing Zone, Councilor
Zozobrdao III manifested that the representative of the City Planning and Development
Office (CPDO) presented some adjustments for the approval of the reclassification
which was required by the proponent to be submitted for the purpose of making the
necessary adjustments in the Committee Report. Consequently, the proponent
presented a motion, duly seconded by Councilors Braga, Advincula and Villafuerte,
to withdraw the presentation of Item No. 1240 for Second Reading and to refer it
back to the committee, thus, the motion was carried.
At this point, TPO Ibuyan Jr. directed the SP Secretary to change the status
of Councilor Diosdado Angelo Junior R. Mahipus from absent to present, which was
duly noted.
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Item No. 1757
Taking the podium to present Item No. 1757 relative to the letter of Punong
Barangay Roberto A. Ballarta of Barangay Los Amigos, Tugbok District, Davao City,
requesting for assistance in obtaining a 500 square meter parcel of land for the
construction of Barangay Health Station and Multipurpose Building intended for the
Senior Citizens and Alternative Learning System, Councilor Zozobrado III stated that
the Barangay requested the City Planning and Development Office (CPDO) to
provide at least 500 square meters lot for the construction. However, the request
was disapproved since the area being requested based on the subdivision plan was
diverted to contruct a community park and playground. The Barangay informed the
Committee that they already allocated funds for the project. In a nutshell, the
relocation area has an open space of 6,000 square meters at the back portion which
is intended for parks as compliance with B.P. No. 220. However, the park was
installed at the front portion instead. Since the 6,000 square meter area at the back
is still vacant, the Punong Barangay suggested that they use 500 square meters of
such area for the Barangay Health Station and Multipurpose Building.
The Committee noted that the park installed in front of the area is in fact part
of the relocation site which is compliant to B.P. No. 220 already, thus, there is no
need to construct an additional park. The Committee recommended to pass a
Resolution urging CPDO to approve or grant the request of the Barangay Council of
Los Amigos to allocate a portion of Lot 6B, Relocation Phase 1, Los Amigos with an
area of 500 square meters to construct the Barangay Health Station and
Multipurpose Building intended for the use of Senior Citizens and Alternative
Learning System whose users are also residents of the area. Councilor Zozobrado
III then presented a motion, duly seconded by Councilors Braga, Advincula,
Marohomsalic, Villafuerte, Al-ag, Mande and Abella, for the approval of the
Committee Report.
Prior to the approval of the motion, TPO Ibuyan Jr. sought clarification on
whether Alternative System Learners are the same as Alternative Learning System,
to which the proponent answered in the affirmative then agreed that the more
appropriate phrase to be used is the latter.
Reminding the Body of the lack of health center in the area, Councilor
Villafuerte recalled that, during the pandemic, the Tugbok Health Center in the area
was turned into a COVID-19 laboratory to augment the need for the same as the
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swab centers in the City were experiencing a backlog. For this reason, Councilor
Villafuerte appealed to the Members of the Body to grant the request so that there
will be an additional health center as the City is trying to normalize giving health
services to the people when the pandemic is over.
Since there were no items left in the agenda, FL Quitain Jr. presented a motion
to suspend the rules.
SUSPENDED RULES
Citing public safety risks, Councilor J.M. Bonguyan presented a motion, duly
seconded by Councilors Zozobrado III, Advincula and Abellera, requesting all barangays
to conduct inventory of poles, wires and cables within their jurisdiction. Prior to the
approval of the motion, Councilor Mahipus asked for the purpose of the inventory. The
proponent answered that the inventory refers to the barangay inventory of abandoned
wires, cables and idle posts which have already been featured in the national news.
After which, Councilor Mahipus registered his co-sponsorship to the Resolution which
was approved as:
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Councilor Ralph O. Abella
To present six (6) urgent matters from the executive department before the
august body, Councilor Quitain Jr. took the floor and started by presenting proposed
Memorandum of Agreement (MOA) to be entered into by and between the City of
Davao and Lanang Premiere Doctors Hospital, Inc. (LPDHI), relative to the partnership
in administering vaccine doses through a drive-thru vaccination hub for the period
November 2021 to June 30, 2022. The City Legal Office already issued a legal opinion
stating that the agreement has no legal infirmity. He then presented a motion, duly
seconded by Councilors Villafuerte, Advincula, L.J. Bonguyan and Braga, for the
approval of the following Resolution:
For the next item, Councilor Quitain Jr. discussed the proposed Deed of Donation
to be executed by the Bureau of Customs (BOC) in favor of the City of Davao, relative
to the donation of various frozen tuna. He manifested that there were abandonment
proceedings for the shipment of a 4x4 container consigned to Davao Pacific Marina
Ventures Corporation and that the items have been forfeited in favor of the
government. In its legal opinion, the City Legal Office found no legal infirmity in the
donation. The motion presented by the proponent, duly seconded by Councilors
Advincula, Villafuerte, Abella and Marohomsalic, for the approval of the Resolution
below was approved:
The following motion presented by Councilor Quitain Jr. for the approval of the
Ordinance was duly seconded by Councilors Braga, Marohomsalic, Villafuerte, Abella,
Mande and Advincula. Prior to the ruling on the motion, Councilor Abella asked for
clarifications. The proponent made it clear that the following objects of the donation
have already been forfeited in favor of the government: one (1) lot frozen albacore
tuna; 2,609 kg frozen Bigeye Tuna, 3,678 kg frozen Albacore tuna, and 11,122 kg
SLCAS. However, there was no mention of storage fees but Councilor Quitain Jr.
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assured the Body that the donation is purely gratuitous. As there were no further
queries, the corresponding Ordinance was approved as:
When Councilor Quitain Jr. presented a motion for the approval of the
Ordinance, it was duly seconded by Councilors Braga, Villafuerte, Abella, Al-ag and
Advincula. Before the motion was approved, Councilor Mahipus posed a query on how
the donated tuna will be disposed. To this, Councilor Quitain Jr. replied that it will be
used for the City’s nutrition and feeding programs. When asked regarding the safety of
consuming such products, Councilor Quitain Jr. stated that there is already a BFAR
laboratory result on the matter. Thereafter, the corresponding ordinance was approved
as:
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The proposed Deed of Usufruct to be entered into by the City and Davao City
Water District (DCWD) involving a Pressure Sustaining Valve (PSV) assembly installed in
a 5-storey building with roof deck in the City Social Welfare and Development Office
(CSWDO) was next discussed by Councilor Quitain Jr. He presented a motion, duly
seconded by Councilors Al-ag and Baluran, for the approval of the Resolution as:
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Before the approval of the motion, Councilor Mahipus asked whether Union Bank
is an authorized government depository bank since all local government units can only
maintain an account in authorized government depository bank. Councilor Mahipus
expressed his concern especially because the matter involves public funds. Since there
was no resource person in attendance, a recess was declared in order to request a
resource person from the executive department.
RECESS
(2:35 PM)
When the session resumed, Councilor Quitain Jr. manifested that a resource
person from the City Information Technology Center will be online the attend the
session.
Thereafter, the proponent proceeded to discuss the next item first which involves
eleven proposed Ordinances amending Ordinances granting authority to the City Mayor
to sign, for and in behalf the City of Davao, eleven (11) Memorandum of Agreement by
and among the City of Davao, Department of Public Works and Highways (DPWH) –
Davao City District Engineering Office, and the Barangay Councils concerned relative to
the construction and implementation of infrastructure projects under the Local
Government Fund-Support to the Barangay Development Program (LGSF-SBDP) of the
National Task Force to End Local Communist Armed Conflict (NTF-ELCAC). The City
Planning and Development Office (CPDO) requested to amend the date of completion of
the project which was originally stated as June 30, 2022 to December 31, 2022 to
give way to the implementation of infrastructure projects under said fund.
Considering that the resource person was already online, Councilor Quitain Jr.
presented a motion, duly seconded by Councilor Villafuerte, to convert the Body into a
Committee of the Whole to continue the discussion regarding the proposed
Disbursement Services Agreement and Data Sharing Agreement to be entered into by
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and between the City Of Davao and Union Bank of the Philippines relative to the
implementation of the project entitled “SAFE DAVAO QR CARD: FINANCIALLY
EMPOWERING ITS CITIZENS”.
As thoroughly explained by Ms. Lomantas, the City has been engaging with a
service provider to print the cards. The affiliated bank of such provider is Union Bank.
At the start of the project, they reviewed the guidelines issued by the Bureau of Local
Government Finance (BLGF) and found that deposits with banks other than that of the
authorized government depository banks may be allowed if such banks cannot provide
the required banking products and services. The Safe Davao QR Card is a social
services card for Senior Citizens, Persons with Disabilities (PWDs), indigent household
heads and other regular citizens. It is also a financial card, thus, the need to coordinate
with a financial institution. Authorized Government Depository Banks do not have the
platform needed by the City. As a matter of fact, they asked these banks if they could
provide the service required for the implementation of the Safe Davao QR Card but all
of them answered in the negative. Regarding the second question, Ms. Lomantas
clarified that there will be no maintaining balance since the account with Union Bank
will only be a pass through account which means that all government financial
assistance that will be given to the cardholders will pass through that account.
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Suggesting to exhaust all alternatives, Councilor Mahipus pointed out that, if the
government funds will incur any income for Union Bank, it should accrue instead to a
government institution. When asked whether the Procurement Law was complied with,
Ms. Lomantas answered that the project went through the bidding process and other
legal proceedings.
Since it was already 3:00 in the afrternoon, a recess was declared for the 3
o’çlock Prayer led by Councilor Bai Hundra Cassandra Dominique N. Advincula.
RECESS
(3:00 PM)
Still replying to the query of Councilor Mahipus, Ms. Lomantas stated that,
according to the project design, the project cost is PHP 16,000,000.00. The project
includes the procurement of the equipment for the validation of Senior Citizens and the
printing and publication of the Safe Davao QR Cards. The cost of the printing per card
is PHP 100.00 and the goal is to print 451,048 cards. Upon the question of Councilor
Mahipus on the reason for engaging directly with Union Bank when there is already an
agreement with the service provider. To this, Ms. Lomantas made it clear that CITC is
only in charge of the technical aspect while Atty. Sarah Paclibar of the City Legal Office
takes charge of the legal aspect. Councilor Mahipus suggested that the agreement
should include the service provider to make it liable also. Also, he asked Ms. Lomantas
to reassess the proposal since the Ordinance amending the Senior Citizens Financial
Assistance clearly states that the payout will be done through the barangay and not
through ATMs.
Ms. Lomantas clarified that the requirements for opening an account will not be a
problem. When they perform the validation of Senior Citizens, they will require only the
Office of Senior Citizens Affairs (OSCA) Card. If it is a paper card, s/he must also attach
a Barangay Certificate. There will be no opening and maintaining balance. This
procedure will also decongest the disbursement at the barangay since the beneficiaries
can withdraw from ATMs. Councilor Mahipus expressed his concern over the propriety
of handing government money to a prvate institution when the City can use
government institutions instead.
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found out that it has not been forwarded yet. Thus, he requested to defer the item
until the City Mayor will have a copy of such Ordinance.
A brief recess was declared in order for the Members to confer with each other.
RECESS
(3:20 PM)
When the session resumed, Councilor Quitain Jr. manifested that, inasmuch as
the Ordinance referred to has not been signed into law and released, it is more prudent
to vote on the matter.
Councilor Mahipus appealed to the proponent not to divide the house. Upon
the other hand, Councilor Abella reiterated his appeal to the City Council for more
time so the City Mayor may review and approve the Ordinance. For his part, Councilor
Quitain Jr. clarified that the only issue is on how the financial assistance will be
released.
In order to confer further with Ms. Lomantas, Councilor Quitain Jr. presented a
motion, duly seconded by Councilor Campos III, to convert the Body into a Committee
of the Whole.
As for Councilor Mahipus, he stated that he could not decide on the matter yet
because, as far as he was concerned, there was lack of information. As such, he
likewise registered his abstention.
At the behest of Councilor Quitain Jr., Ms. Lomantas manifested that the
Disbursement Services Agreement allows Union Bank to receive the financial
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assistance then distribute it to the accountholders. This is for the actual creation of
ATM Cards. The Data Sharing Agreement is an incident to the Disbursement
Services Agreement as this concerns the data of those who will be qualified to avail of
the ATM Cards. The agreements do not cover the mechanics on how to go about the
implementation. Since there were no more discussion, the Body was reverted to the
plenary.
Councilor Quitain Jr. reiterated the pending motion, duly seconded by Councilors
Advincula, Abella, Zozobrado III, Mande, Campos III and Villafuerte, for the approval
of the Resolution below:
The subsequent motion for the approval of the Ordinance relative to the
Disbursement Services Agreement was duly seconded by Councilors Baluran, Advincula,
Villafuerte, J.M. Bonguyan and Campos III. However, before the ruling on the motion,
Councilor Mahipus requested for the proponent to insert in one of the provisions that
the agreements are subject to compliance with the Procurement Law and the usual
auditing rules. The proponent acceded to such request.
For the second Ordinance, Councilor Quitain Jr. made the same manifestation to
include the phrase “SUBJECT TO GOVERNMENT BUDGETING, ACCOUNTING,
AND AUDITING RULES AND REGULATIONS OF THE DEPARTMENT OF BUDGET
AND MANAGEMENT, COMMISSION ON AUDIT, THE PROCUREMENT LAW AS
WELL AS OTHER APPLICABLE LAWS”. On his motion, duly seconded by Councilor
Advincula, the following Ordinance was approved:
-o0o-
CHARITO N. SANTOS
Secretary to the Sangguniang Panlungsod
CONFORME:
NAME SIGNATURE
Councilor Edgar P. Ibuyan Jr.
Councilor Ralph O. Abella
Councilor Nilo D. Abellera
Councilor Luna Maria Dominique S. Acosta
Councilor Bai Hundra Cassandra Dominique N. Advincula
Councilor Wilberto E. Al-ag
Councilor Dante L. Apostol Sr.
Councilor Conrado C. Baluran
Councilor Jessica M. Bonguyan
Councilor Louie John J. Bonguyan
Councilor Pilar C. Braga
Councilor Augusto Javier G. Campos III
Councilor Jonard C. Dayap
Councilor Edgar P. Ibuyan Jr.
Councilor Edgar R. Ibuyan Sr.
Councilor Richlyn N. Justol-Baguilod
Councilor Diosdado Angelo Junior R. Mahipus
Councilor Rodolfo M. Mande
Councilor Jaffar U. Marohomsalic
Councilor Bonifacio E. Militar
Councilor Myrna G. L'Dalodo-Ortiz
Councilor Antoinette G. Principe-Castrodes
Councilor J. Melchor B. Quitain Jr.
Councilor Alberto T. Ungab
Councilor Mary Joselle D. Villafuerte
Councilor Jesus Joseph P. Zozobrado III
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