25 08072017

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n of the Philippines ci
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Republic
. cSANGGUNIANG PANLUNGSOD
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w City of Baguio w
wwREGULAR SESSION, 07 AUGUST 2017, 2:00 P.M. ww
SESSION NR. 25
A. CALL TO ORDER
v. ph The Presiding Officer Hon. Vice Mayor EDISON R. BILOG

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B. NATIONAL ANTHEM
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o. Invocation and Scripture Reading
Hon. ELMER O. DATUIN shall lead the invocation and Scripture Reading.
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C. BAGUIO MARCH
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D. ROLL CALL
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E. RECITATION OF THE PHILIPPINE COUNCILORS' LEAGUE CREED
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Hon. PETER C. FIANZA shall lead in reciting the Philippine Councilors League Creed.
F. Minutes of the Regular Session: 24th Regular Session on July 31, 2017.
G. INVITATIONS:
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1. Proposed Ordinance Nr. PO 0111-17 introduced by Hon. Maria Mylen Victoria G. Yaranon entitled,
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v.p "Authorizing to charge from current budget earmarked under the Non-Office Account
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Number 5-02-99-990 the amount of Two Million Three Hundred Ten Thousand Pesos
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(Php2,310,000.00) for the Baguio Convention Center Design Competition.
(Item 11, 17 July 2017 Agenda)
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(NOTE: The following personalities were requested to be present in today's meeting as resource persons in
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aid of legislation relative to the feasibility study for the rehabilitation and retrofitting of the Baguio Convention
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Center in relation to the above proposal:
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[a] Atty. Carlos M. Canilao, City Administrator;
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[b] Atty. Leticia O. Clemente, City Budget Officer and Chairperson, Local Finance Committee; and
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[c] Engr. Nazita F. Baez, City Building Official.)
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(NOTE: Res. 111, series of 2017 CALLED ON ALL INTERESTED DESIGN FIRMS, ARCHITECTS,
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ENGINEERS, URBAN PLANNERS, AND STUDENTS, TO PARTICIPATE IN AN OPEN PUBLIC DESIGN
COMPETITION OF THE BAGUIO CONVENTION CENTER.)
2. Proposed Resolution Nr. PR 0111-17 introduced by Hon. Maria Mylen Victoria G. Yaranon entitled,
"Urging the City Mayor to assess the City Planning and Development Office, its performance, the
plantilla positions and its role in the planning of the City of Baguio."
h (NOTE: The following personalities were requested to be present in today's meeting to be resource persons
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in aid of legislation relative to the above matter:
o v [a] Mr. George A. Manzano, Officer-In-Charge and Director II, Civil Service Commission-CAR;
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[b] Ms. Evelyn B. Trinidad, CESO V, City Director, Department of Interior and Local Government-Baguio City
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Field Office;
[c] Atty. Leticia O. Clemente, City Budget Officer; and
[d] Atty. Augustin P. Laban III, City Human Resource Management Officer.)
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3. Proposed Resolution Nr. PR 0139-17 introduced by Hon. i
c l. O. Bomogao, Hon. Faustino A.
Benny
nBalonglong Sr., dated July 14, 2017 at San
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Olowan and Hon. Michael L. Lawana entitled, "Resolution calling for an immediate investigation, in
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aid of legislation, on the untimely death of Mr.
.cthe personnel or their representatives from the General
Carlos, Irisan, Baguio City and inviting
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Services Office (GSO), Policew
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Station 9, and BENECO Inc., to shed light on the matter before the
City Council."(Item 32, 31 July 2017 Agenda)
(NOTE: The following personalities were requested to be present in today's meeting to be resource persons
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in aid of legislation relative to the above matter:
[a] Mr. Romeo D. Concio, City General Services Officer;
[b] Mr. Gerardo P. Verzosa, Gneral Manager, BENECO; and
[c] PCI Benedict Bete Gang-Aoen, Station Commander, BCPO Station 9, Baguio City.)
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H. MATTERS FOR REFERRAL TO COMMITTEE
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4. FIRST READING:Referral
Proposed Ordinance w wto Committee
Nr. PO 0148-17 introduced by Hon. Vice Mayor Edison R. Bilog entitled, ww
"Prohibiting all gasoline stations, auto repair and carwash shops and all other similar establishments
from discharging motor oils, petroleum products and untreated wastes into the soil and waterways
and providing penalties for violations thereof."
5. FIRST READING:Referral to Committee

Proposed Ordinance Nr. PO 0149-17 introduced by Hon. Leandro B. Yangot Jr. entitled,
"Prohibiting any private individual from collecting parking fees or any form of payment from
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motorists for temporarily parking along public roads, streets and other public places within the City
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of Baguio and providing penalties therefor."
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"Establishing a City Government crematorium facility in the City of Baguio and appropriating funds
thereof."
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(NOTE: The matter is related to the following:
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[a] Proposed Ordinance Nr. PO 017-08 of the late Hon. Vice Mayor Daniel T. Farias Recommending the
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planning and construction of State-of-the-Art Baguio City Public Crematorium at the vicinity of the Baguio City
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Public Cemetery, and providing funds therefor. which was forwarded to the Local Finance Committee on
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09 March 2009;
[b]1st Indorsement dated 02 June 2008 of Dr. Florence G. Reyes, MD MPH MSc, former City Health Officer,
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forwarding the comments of Engr. Candido S. delos Santos to the Proposed Ordinance 017-08 of the
late Hon. Vice Mayor Daniel T. Farias Recommending the planning and construction of State-of-the-Art
Baguio City Public Crematorium at the vicinity of the Baguio City Public Cemetery, and providing funds
therefor was forwarded to the Committee on Health and Sanitation, Ecology and Environment Protection on
05 June 2008;
[c] Proposed Resolution Nr. PR 020-09 of former Coun. Perlita L. Chan-Rondez and the late City Councilor
Galo D. Weygan Requesting the City Parks Management Office (CPMO) and the City Health Office (CHO),
through Ms. Cordelia C. Lacsamana, and Dr. Florence G. Reyes respectively, to establish a city owned, state-
of-the-art crematorium at the Baguio City Cemetery. which was noted during the 23 February 2009 Regular
Session;
[d] Letter dated 05 August 2015 of Mr. David M. Kang, Vice President, DaeHae Philko Corp. to Hon. City
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Mayor Mauricio G. Domogan, proposing to develop the Baguio City Public Cemetery into a columbarium and
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crematorium building with chapel which was forwarded to the Committee on Health and Sanitation, Ecology
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and Environment Protection on 25 November 2015.)
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Proposed Ordinance Nr. PO 0152-17 introduced by Hon. Lilia A. Farias entitled, "Requesting the o
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City Engineering Office, in cooperation with the Department of Public Works and Highways, and
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members of the Traffic and Transport Management Committee to study the possibility of installing
'safety-impact tires' as a last resort against brake failure, along the walls of Buhagan Road (formerly
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Bokawkan Road), and appropriating the amount of Three Hundred Thousand Pesos (Php300,000.00)
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or so much thereof for its study and implementation."
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I. wwDEFERRED MATTERS: ww
8. Committee Report Nr. DIV3-2017-003
Letter dated 05 May 2014 of Mr. Patricio Q. Evangelista, Sangguniang Barangay Member,
Trancoville Barangay, forwarding his Affidavit Complaint against Punong Barangay William B.
Regacho and Sangguniang Barangay Members Felomena Cadut, Bernadette K. Sagampod, Pepito
Gamueda and Rey A. Millare, all officials of Trancoville Barangay.
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(NOTE: The above case is docketed as Barangay Adm. Case No. 07-2014.)
v.Decision/Resolution of the Committee on Barangay ADMIN CASE (Division 3) in Barangay v.

.go Administrative Case No. 07-2014 entitled "Patricio Q. Evangelista, Complainant g
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versus
o William B. Regacho, et. al., Respondents".
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The Division's Ruling:
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uofnthe Minutes of Meetings on item 3 that
We deny the petition for lack of merit.
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.cmembers composing of seven (7) had unanimously
It can be gleaned from the Agenda
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majority of the barangay kagawad
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participated the deliberations in voting for the confirmation of the appointment of the
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barangay secretary. As a matter of fact, it shows under item 4 from the agenda that
complainant Evangelista even raised his objections to quote:
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"item 4. Kagawad Evangelista said the four (4) votes is not majority, it should have six (6)
votes to concur the appointment".
Thus, it clearly indicates that complainant was among those council members who were
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present during the special session. Indeed, there is no argument that he is knowledgeable to
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their special session.
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In his comment, complainant claimed that there was no resolution passed or adopted during
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the special session dated February 10, 2014 although he admitted that there was a special
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meeting on the said date. Assuming arguendo that Resolution No. 12-001-13 is defective by
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reason that it was not among the issues taken during the special sessions does not necessitate
nor imply that a crime of grave misconduct was erroneously committed. It should be
remembered that the appointment of the barangay secretary was unanimously discussed by
the majority council members. Although, the resolution was not among the agenda taken
during the special session does not in any way affect the entire veracity of the contents of the
minutes of meeting. The special session was actually called for the purpose of the concurrence
of the barangay secretary. Thereafter, the concurrence during the meeting follows the
adoption of the barangay resolution as an integral part of the certification of appointment. It
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should be understood that the barangay officials came up with a special session in order to
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concur the appointee of the barangay secretary considering that her function is very vital to
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the interest of the public.
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In other words, if the complainant believed that indeed his right was affected by the passage of
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the said resolution then he should have immediately called for another special or urgent
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meeting. However, the complainant failed to do so thence he had correctly slept his rights.
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Otherwise, if he was fair to his acts then perhaps the alleged resolution was brought for either
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amendments or votation. Needless to say, a resolution is a mere expression of the council
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members regarding of its view and perception. It doesn't need to be signed by all since it only
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requires majority numbers among those present in the quorum.
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The complainant contested also the majority votes of the council members. To revert back in
the present case, the majority councils voted for the appointment of the barangay secretary
with a gathered vote of four (4), two (2) against and one (1) abstain. Likewise, in its previous
similar barangay votation, it shows from the records that most of the appointee has the same
majority numbers of votes which if also four (4). This was never being questioned by the
complainant. It is too unbelievable that the complainant was mum in all the previous votation
of barangay appointments but comes now the case of the barangay secretary wherein he is too
affected.
p hsaying,
Plainly if the complainant is very strict to their internal rules of procedures adopted on
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v.December 03, 2013 which requires five (5) votes. Then he must have done earlier petitioning
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go who have the records of four (4) votes. Apparently, complainant herein shows that he.isg o
the previous appointment of other appointees such as the BHW, BNAO, BT, among others
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being
selective and not faithful on his duty as public officer.
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Under the Local Government Code:
"Chapter 5 - Appointive Barangay Officials. Sectionc

u n 394. Barangay Secretary: Appointment,
Punong Barangay with the concurrence o

Qualifications, Powers and Duties. - (a) The barangay secretary shall be appointed by the
.c of the majority of all the Sangguniang Barangay . co
members." w w
Liberally construedwthatw the local government code uses the word majority which literally ww
means quorum. Thus, the council members have a total of seven which implies that the
majority vote would be either 4-3, 5-2,6-1.
Majority has been defined by the Supreme Court in Santiago vs. Guingona, et al.
(G.R. No. 134577, 18 November 1998) as that which is greater than half of the membership of
the body or that number which is 50% + 1 of the entire membership. We note, however, that
using either formula will give us the same result. To illustrate, using the 50% +1 formula, the
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50% of a sanggunian composed of 14 members is 7. Hence 7 + 1 will give us a sum of 8. On the
o v other hand, if we use the second formula which is that number greater than half, then 8, in
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relation to 7, is definitely greater than the latter. The simple majority of the sangguniang
o. session is therefore 8.
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panlalawigan with fourteen (14) members where all of them were present in that particular
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Applying the formula in the case before us, the barangay kagawads has seven (7) members.
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Fifty percent of seven is 3.5 %. Since there is no such as .5 or half then the majority would be
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four members. Thus, the majority composition of seven is the maximum of four (4) members
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to arrive a quorum. Undoubtedly, it appears that the vote of the barangay secretary had
meted the requirements provided by law. . co
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2.
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The Division believes and holds that respondents had acted in good faith when it
issued Resolution Numbered 12-001-13 when it relied per se to the Minutes of Meetings of the w
Barangay Officials dated February 10, 2014 during its special session. The Local Government
Code Provides that:
Section 52. Sessions. (a) On the first day of the session immediately following the election of its
members, the sanggunian shall, by resolution, fix the day, time, and place of its regular
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sessions. The, minimum number of regular sessions shall be once a week for the Sangguniang
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Panlalawigan, Sangguniang Panlungsod, and Sangguniang Bayan, and twice a month for the
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Sangguniang Barangay.
w .cspecial session may be called by the local chief executive

(b) When public interest so demands,
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or by a majority of the w
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members of the sanggunian.
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It is evident from the above-mentioned provisions under paragraph b that the local chief
executive may call a special session which the chief executive acted actually knowing that his
constituents need the immediate appointment of a barangay secretary. The barangay secretary
serves as the alter ego of the local chief executives in all his transactions. The delay of his
appointment would sacrifice the welfare of the barangay. This is the reason why the special
session was held upon. In contrast also, if the complainant feels bigoted from the appointment
of the barangay secretary leading the passage of the alleged Resolution Number 12-001-13,
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then he should have invoked paragraph b of section 55 at his own privilege to determine the
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correctness of the said resolution.
. go The complainant on his comment questioned the re-appointment and concurrence g

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o barangay secretary dated March 4, 2014 and April 01, 2014 respectively ioro
of the
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one month
a gto file a petition

thereafter. Therefore, concluding that the complainant is aware of the re-appointment of the
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barangay secretary but he failed to act on the matter or even signified
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concerned offices such as the Department of Interior and Local Government Unit (DILG).
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As to the act of the respondent on re-appointing
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executive especially on the exercise.of trust and confidence. The chief executive has that wide .
kagawad members is tantamount on the discretionary power of appointment by the chief
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latitude to select his appointee since it is his office, public service and social responsibility that
all through out of his term. Nevertheless, the act of the respondent in
re-appointing and clothed with the majority confirmation of the council members simply
strengthen the appointment of the barangay secretary after it passes the qualifications or
requirements that the appointing authority had deemed required.
Thus the act of the Barangay Officials does not fall under the context of grave misconduct.
As defined in the Public Accountability of Local Officials and Employees by P.F. Jardiniano,
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(a), (b), (c)
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(d). Misconduct in the office and neglect of duty must be done in the performance of
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an official task and with intent to commit an unlawful act that will result in the injury of
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others. It is the doing through ignorance, inattention or malice, of that which the officer had
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no legal right to do at all, as where he acts without any authority whatsoever or exceeds,
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ignores or abuses his powers.
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il. a clear intent to violate the law,
or a flagrant disregard of established rules, whichc
Misconduct is considered grave if accompanied by corruption,
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misconduct as grave, the person charged o

evidence. If the misconduct does not involve any of the additional elements to qualify the
.c may only be held liable for simple misconduct. . co
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"Grave misconduct necessarily includes the lesser offense of simple misconduct. w
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Sufficiency of evidence shows that the complainant failed to establish. The records show that ww
the respondents had called a special session dated February 10, 2014 and where the
complainant participated. There was also a series of meetings held such as dated February 18,
2014, March 04, 2014, March 18, 2014 and April 1, 2014 conducted where the complainant
himself is very much aware. The series of meetings is not far from the original date of
appointment of the barangay secretary and the issuance of the assailed resolution. Hence, the
complainant or any person thereto should have petitioned the resolution earlier. The
resolution was majority signed by those who also voted the concurrence of the appointee
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during the special session. Verily, even if the resolution will be presented to the complainant, it
o v is assumed that they will not affirm nor affix their signatures because they voted against the
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appointment of the barangay secretary. Hence, their vote is obviously not significant or even
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required since the majority votes required by law has been complied by the other council
members. This was confirmed again when the barangay secretary was favorably re-appointed.
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Suffice to say, the respondents herein did not wantonly disregard any rules or laws for
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instance since their act were all united, coordinated and publicly known to all parties.
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What we can conclusively confirm that respondents had performed its functions relying in
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good faith on the special meetings wherein the majority members of the barangay kagawads
voted in favor of the appointment of the barangay secretary. This majority votes leads the . co
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passage of the said assailed resolution. At any given time, the resolution was passed and signed
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by the barangay kagawads as a requirement per se in the appointment of the barangay
secretary. The resolution does not need to be signed by all provided the entire majority w
barangay kagawads confirm the same. If there was an alleged grave misconduct merely
because the resolution was not mentioned nor included in the minutes of meeting, then this
should have been brought by the petitioner in the previous meetings. Accordingly, the
resolution was cured when the barangay secretary was again re-appointed which is
uncontestable. Undoubtedly, the appointment of the barangay secretary does not in any way
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affect or injure the interest of the complainant. Nor there was ignorance or malice since all
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acts were personally known by all the parties as evidenced during the meeting dated February
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10, 2014. As to the assailed resolution, the complainant's signature was not indicated in the
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said resolution in order that his rights were violated. Thus, the respondents act does not fall
within the crime of grave of misconduct.
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WHEREFORE PREMISES considered, the case is hereby dismissed for lack of merit. ww
SO ORDERED.

1st Indorsement dated 21 April 2016 of Ms. Evelyn B. Trinidad, CESO V, City Director,
DILG-CAR, endorsing for information and appropriate action the Sworn Complaint dated
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02 May 2016 of Barangay Secretary Mary Grace B. Lem-ew against Barangay Kagawad Paul L.
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Tamayo, both of Poliwes Barangay, Baguio City.
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(NOTE: The above case is docketed as Barangay Adm. Case No. 04-2016).
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Decision/Resolution of the Committee on Barangay ADMIN CASE (Division 3) in Barangay
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Administrative Case No. 04-2016 entitled "Mary Grace B. Lem-Ew, Complainant versus Paul
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Tamayo, Respondent."
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The Division's Ruling:
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We deny the petition for lack ofo
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As quoted by the w w
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Government Code. w w complainant in Section 60 (c) and Section 391 of the Local
It stressed therein that respondent failed to perform his duties at the ww
prejudice of the barangay and this was supported thru "Annex A" or performance chart
certified and prepared by the complainant which was attested by the Punong Barangay
Robert L. Galong.
The Division, however, is in the context that the subject matter is better attended at the
barangay level based on its internal rules and procedures. The Division is in the opinion that
administrative remedies should be exhausted especially matters involving internal affairs such
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as the working performance of the respondent. Anent if not contented with its findings, then
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the matter could be brought to the City Mayor thru the Legal Office to conduct its own
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investigation. When issues are joined, the legal department will certify the Office of the City
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Mayor to exercise its mandatory supervision over elective barangay officials. The penalty
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required under Section 63 of the Local Government Code would certainly apply and carried
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upon.
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2. We shall first address the issue on Section 3 paragraph (a) of Republic Act 3019.
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(a) "Persuading, inducing or influencing another public officer to perform an act constituting
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a violation of rules and regulations duly promulgated by competent authority or an offense in
connection with the official duties of the latter, or allowing himself to be persuaded, induced,
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or influenced to commit such violation or offense".
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We agree that the accusation of the complainant is merely hearsay which casts doubt as to its
personal knowledge not even supported by sufficient evidence to link the respondent guilty of
the offense charged. It is our belief that the act of respondent in his conversation to Kagawad
Dulay is just a mere expression of helping the barangay regarding the right person (Necsuma)
particularly in their barangay project. The act of mere expressing his thoughts to his co-
members did not violate any rules and regulations promulgated by the barangay since the
subject matter will still undergo a long process in the selection of bidding winners. It is too
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different issue if respondent Tamayo persuaded, induced or influenced Kagawad Dulay or the
o v complainant of anything of value in exchange of allowing Necsuma as the winning bidder.

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Such situation was not present in this case. The Division believes and holds that complainant
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should at least burden with proof of evidence to justify her charged against the respondent.
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Her allegations are merely echoed to her and not directly from her personal knowledge.
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To be specific, from the complainant's version alone she only witnessed the
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conversation of the two barangay kagawads herein respondent Tamayo and Kagawad Dulay.
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Furthermore, she receives her knowledge regarding the project thru respondent text
respondent's acts.
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messages. In short, complainant's rights are not directly injured or benefited with
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The issue on Section 3 paragraph (b) of Republic Act 3019.
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or
benefit, for himself or for any other person, in connection with any contract or transaction
between the government and any other part, wherein the public officer in his official capacity
has to intervene under the law.
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Verily, under paragraph (b) of section 3, it is very clear that again the complainant
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failed to produce any single evidence to prove that respondent have enriched himself by
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receiving any gift, present, share, percentage or even benefited from the barangay project to
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be undertaken by Necsuma. It is clear from the case at hand that it was the RHOB
construction who had entered a contract from the Punong Barangay and not Necsuma.
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Granting that it was Necsuma who entered a contract to the Punong Barangay and the former
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was the contractor, there is no sufficient evidence to convince us to the charges against ww
respondent. Besides, the act of respondent of texting his co-members was just a part of his
concern who are interested bidders such as Necsuma which does not totally mean that he is
already interfering with any government projects. It should be understood that in all
government projects processes has to be done by all BAC members.
In a nutshell, the procedure for the procurement of government supplies and materials can be
summarized as follows: the end-user agency or department draws a purchase request for the
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supplies and materials; an invitation to bid is announced; the bidding and award to the lowest
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bidder will be conducted by the Committee on Awards; purchase order will then be executed
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in favor of the winning bidder; the supplies and materials will be delivered to the end-user
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agency or department; inspection of the delivered supplies will be made by the requisitioning
officer; and payment of the supplies and materials will be executed.
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In other words, the complainant should have produced any evidence to show that respondent
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Kagawad Tamayo has violated the above mentioned procedures of BAC procurement and not
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merely relying on conversations and text messages which is ambiguous or even to support her
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charges. Nowhere we find in the case that respondent had directly or indirectly participated in
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the contract rallied in their barangays in exchange of any gift, present, etc.
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The issue on Section 3 paragraph (e) of Republic Act 3019.
(e) Causing any undue injury to any party, including the government, or giving any private
party any unwarranted benefits, advantage or preference in the discharge of his official
administrative or judicial functions through manifest partiality, evident bad faith or gross
inexcusable negligence. This provision shall apply to officers and employees of offices or
government corporations charged with the grant of licenses or permits or other concessions.
As can be gleaned from the records submitted to us by both parties. We noted that respondent
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has not caused any undue injury to the complainant nor to the government or any private
v party. It shows that the project was awarded to RHOB construction Inc., and not to Necsuma
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Construction Inc. Likewise, the records reveal that Necsuma didn't participate on the said
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bidding but it was RHOB Construction who was interested the same. It can thus be concluded
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that the decision by the Awards Committee on who will be the winning bidder was made
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through its members own determination and volition thru the Punong Barangay as the BAC
Chairman.
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It bears to stress that the complaint for violation of Section 3(e) of R.A. No. 3019 filed by the
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complainant against herein respondent even failed to allege an essential element thereof, i.e.,
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that there are unwarranted benefits given to anyone that would result in undue injury to the
government, complainant or anyone else. Logically, without undue injury or damage to any w
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party, the act of respondent cannot be said to be irregularly executed.
Neither was the complainant able to prove the fourth and fifth elements of Section 3(e) of
R.A. No. 3019, i.e., that the respondent acted with manifest partiality, evident bad faith or
gross inexcusable negligence in giving unwarranted benefits or advantage to Necsuma
Construction Inc. (HON. SANDIGANBAYAN (FIRST DIVISION) and THE PEOPLE OF
THE PHILIPPINES, Promulgated: September 13, 2007 vs. NORBERTO N. LINDONG, G.R.
No. 154482)
In theh
v. p instant case, the complainant relying solely on the conversation and text messages of
respondent to his kagawad co-members or the respondent's acts of engaging as electrician as
v . ph
.go her evidence that gave unwarranted benefits and failed to establish convincing evidence does
.
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not partake the crime of a fraud or furtive design or ulterior purpose to do wrong and
damage.
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il.
The issue on Section 3 paragraph (g) of Republic Act 3019.
(g) Entering, on behalf of the government, inton anyc

uor not the public officer profited or will profit
contract or transaction manifestly and
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grossly disadvantageous to the same, whether
thereby. . . co
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w of Section 3(g) of R.A. No. 3019, the elements thereof are the ww
following: (1) thew w
Anent the charge for violation
offender is a public officer; (2) he entered into a contract or transaction in
behalf of the government; and (3) the contract or transaction is grossly and manifestly
disadvantageous to the government. And, as previously discussed herein, there is no dispute
that there is no presence of the first, second and third elements of Section 3(g) of
R.A. No. 3019.
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To be sure, respondent Tamayo participation in the whole transaction was certainly not the
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actual and direct participation that would render him liable under Section 3(g) of the
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Anti-Graft Law. The above cited paragraph is very clear that accused must enter on behalf of
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the government into a contract or transaction manifestly and grossly disadvantageous to the
same, whether or not the public officer profited or will profit thereby.
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Likewise, the supporting documents, such as the affidavits of witnesses suggest that ww
respondent Tamayo was merely in the mode of inquiries or preferably curious based on his
best judgment of those interested bidders. At the end, projects will be open for deliberations of
the BAC members and not the respondent will. Unless, during the bidding it is shown that
respondent Tamayo had influenced the BAC members to award the Bid Docs to Necsuma
Construction Inc., which is not present in the case. He didn't even enter into a contract or
transactions to the pet projects or there is no single proof that he was involved in the said
bidding using a dummy like Necsuma.
v ph the criminal liability of the respondent for violation of Section 3, paragraphs (a), .ph
.Therefore,
(b), (e) and (g) of R.A. No. 3019, may still be shown through the presentation of sufficient v
. go evidence . g o
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to the effect that the accused is a public officer; that he entered into a contract or
transaction on behalf of the government; and that such contract or transactioniis
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grossly and
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manifestly disadvantageous to the government.
b of the nature of a malum
ilby.partakes
c
The act treated in the Anti-Graft and Corrupt Practices Act
u n has been violated. This construction

prohibitum: it is the commission of that act as defined law, not the character or effect
.
would be in consonance with the announced o
thereof, that determines whether or not the provision
cof public officersforconstituting
purpose which R.A. [No]. 3019 was enacted,
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which is the repression of certain acts
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graft or corrupt practices
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or which may lead thereto (Section 1, R.A. No. 3019).
Thus, to require for conviction under the Anti-Graft and Corrupt Practices Act. The validity
of the contract or transaction be first proved would be to enervate, if not defeat, the intention
of the Act. For what would prevent the officials from entering into those kinds of transactions
against which R.A. No. 3019 is directed, and then deliberately omit the observance of certain
formalities just to provide a convenient leeway to avoid the clutches of the law in the event of
discovery and consequent prosecution (Luciano v. Estrella, 34 SCRA 769).
p hthe existence of a prima facie case against petitioners had not been established.
Clearly,
ph
v. v .
go require the parties to go through the rigors of trial when the issues can be resolved g o
With the view we take of this case, it would be superfluous and a sheer waste of time to still
o. outset. As the facts charged do not constitute the offense of violation ofio
. at the
mustu
Section 3 of
RA No. 3019, respondent's prayer dismissing the case for lack of merit g
a
be sustained.
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WHEREFORE, the case is DISMISSED for Lack of Merit.
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SO ORDERED.
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Letter dated 17 July 2017w
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requesting waiver w ww
10. of Mr. Sonny David Ticwala, Over-All Coordinator, Sonny T. Production,
of amusement tax on ticket sales and sponsorship for Ms. Baguio 2017 Pageant.
Considering that the Ms. Baguio Pageant is an institutionalized event of the city, the
Committee on Appropriations and Finance recommends APPROVAL of the above request
including the free use of the Baguio Convention Center on September 2, 2017 for the
Pre-Pageant and on September 17, 2017 for the Grand Coronation Night, however, the
organizer shall pay for the overtime of the personnel who will be in charge of maintenance and
security of the Baguio Convention Center. They shall likewise pay for their water and
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electrical consumption.
o v (Item 26, 31 July 2017 Agenda)

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(NOTE: Res. No. 278, s. 2017 approved the request of the Sonny T. Production for the free
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use of the Baguio Convention Center, Baguio City, as venue for the pre-pageant on
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02 September 2017 and for the Grand Coronation Night on 17 September 2017 of the
Miss Baguio 2017.)
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Letter dated 20 April 2015 of Ms. Evelyn B. Trinidad, CESO V, City Director, Department of the
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Interior and Local Government (DILG), Baguio City Field Office, transmitting for information and
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appropriate action the sworn affidavit-complaint of Mr. Romel Beltran, Barangay Treasurer against
Kagawad Angelina Ramos, both of Camp 7 Barangay. w
(NOTE: The above case is docketed as Barangay Administrative Case No. 05-2015.)
Resolution of the Committee on Barangay ADMIN CASE (Division 3) in Barangay

Administrative Case No. 05-2015 entitled, Mr. Romel Beltran, Complainant versus Kagawad
Angelina Ramos, Respondent."
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DIVISION RULING:
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After considering respondent's and petitioner's comments and reply respectively, the
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Division give due course and consider the case ready for decision.
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ISSUE:
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The sole issue posed in the present case is whether or not respondent is held liable for grave
misconduct.
In Tecson v. Sandiganbayan [I]t is a basic principle of the law on public officers that a public
official or employee is under a three-fold responsibility for violation of a duty or for a
wrongful act or omission. This simply means that a public officer may be held civilly,
criminally, and administratively liable for a wrongful doing. Thus, if such violation or
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wrongful act results in damages to an individual, the public officer may be held civilly liable to
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reimburse the injured party. If the law violated attaches a penal sanction, the erring officer
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may be punished criminally. Finally, such violation may also lead to suspension, removal from
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office, or other administrative sanctions. This administrative liability is separate and distinct
from the penal and civil liabilities. xxx.
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In the instant case, the complaint against the respondent for criminal offense was dismissed
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for failure to prove the guilt of the accused.
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Time and again, the Supreme Court has laid down the doctrine that an administrative case is
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not dependent on the conviction or acquittal of the criminal case because the evidence
required in the proceedings therein is only substantial and not proof beyond reasonable doubt.
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An administrative case is, as a rule, independent from criminal proceedings.1wphi1 The
dismissal of a criminal case on the ground of insufficiency of evidence or the acquittal of an
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accused who is also a respondent in an administrative case does not necessarily preclude the
administrative proceeding nor carry with it relief from administrative liability. This is because
the quantum of proof required in administrative proceedings is substantial evidence, unlike in
criminal cases which require proof beyond reasonable doubt. Substantial evidence, according
to Section 5 of Rule 133, Rules of Court, is "that amount of relevant evidence which a
reasonable mind might accept as adequate to justify a conclusion." In contrast, proof beyond
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reasonable doubt does not mean such a degree of proof as, excluding possibility of error,
v produces absolute certainty; moral certainty only is required, or that degree of proof which
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produces conviction in an unprejudiced mind.
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Here comes the complainant with the same allegations but purely for administrative complaint
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against the respondent for grave misconduct. This is what we are bound to discuss.
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il. motivated by premeditated or
intentional purpose or by obstinate indifference to thec
In law, misconduct is wrongful, improper, or unlawful conduct
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[Premeditated - simple means deliberate
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The Division III finds itw
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paraphrasing thew ww
necessary to distinguish if respondent really committed misconduct by
allegations of both parties in order to weight their acts or doings if it really
falls within the offense, as follows:
"In his affidavit complaint, complainant Rommel Beltran alleged that on April 6, 2015 at
around 3:15 o'clock in the afternoon, he attended the regular meeting presided by Barangay
Captain Danao. One of the agenda is the annual budget of the barangay for the year 2015.
During the discussions, herein respondent voiced out that she does not want to sign the
document relating to the barangay. The complainant commented that if respondent would not
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sign, then the barangay should have another authorized person who would sign the documents
o v for the financial dealings of the barangay. Immediately respondent faced him and maliciously,
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firmly and continuously pointed her right hand index finger on his face and around three (3)
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times with a distance of two (2) feet and I simultaneously shouted "dapat maiikat nga
treasurer" (you should be removed as treasurer) and as a result, complainant felt embarrassed
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in the presence of around twelve (12) persons as I discrete him as a human being, dishonored
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him as a person and insulted him as a government employee. It was due to the foregoing that
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the complainant filed criminal and administrative charges against respondent for
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misconduct".
.
For comparison, the respondent herein o in her answer that:
calleged . co
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w 3:15 o'clock in the afternoon, while the Barangay Camp 7 regular
"On April 6, 2015 at around
meeting was on-going, we discussed several other matters and eventually, the barangay budget w
for the year 2015 was discussed as there have been complaints from the members of the
Barangay Tanods why they were not receiving their salaries and I was being blamed because I
refused to sign the budget so I explained that I was being careful as the current Chairman of
the Committee on Appropriations and Bids and Awards Committee, as there have been many
cases in the past when I was not yet the chairman of said committee, where our barangay
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appropriations were denied on audit due to anomalies and irregularities committed. I cited the
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inclusion in the budget for the year 2015, the barangay Aids who were entitled to receive their
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salaries when in truth and in fact they have never rendered duty, nor they have an
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appointment papers and with this the complainant said there is an internal arrangement that
the salaries will be given to those who actually rendered services, to which I said was irregular
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and illegal. This is the reason I refused to sign the budget anyway it was already approved by
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the city council members. I said I am not in favor of internal arrangements because it is illegal ww
under Audit Observation Memorandum (COA). It was then that complainant stood up and
uttered a very disrespectful manner that I will be removed as the Chairman of the
Appropriation Committee. And so I asked him what power he have to say that and that he is
just an appointee as treasurer compared to them who was voted by his constituents.
Complainant mischievously smiled that get me angry and then I pointed at him to as the
person who ought to be removed as treasurer instead. It was just a natural reaction on my
part to point to him after he succeeded in provoking me to anger but it was not malicious, firm
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and continuous manner that was meant and designed to discredit him as human being,
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dishonor him as person and insult him as a government employee. Complainant stood up and
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shouted in an arrogant, boisterous and disrespectful manner as though he controls the
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proceedings and said "e adjourn kitde daytoy nga meeting".
i
say a "mix-up emotions" that instinctively emanates for Filipino a
gu or let as
Evidently on the allegations of both parties, their situation is a mere false impression
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culture inherited to foreign
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invaders of the Philippines.
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The law on Code of Conduct and Ethical Standards Public Officials and Employees or
R.A. No. 6713, section 4. Par. (b) c
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perform and discharge their duties . Professionalism officials and employees shall
with the highest degree of excellence, professionalism,
w .
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w in Quiroz v. Orfila, the court employees' conduct of shouting at each
intelligence and skill. Xxx.
exemption. For instance,
It is clear that these provisions both apply to the parties and no
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other and quarrelling within the court premises and during working hours were considered as
exhibiting discourtesy and disrespect to their co-workers and to the court itself. Their
behavior was held to be contrary to the ethical standard demanded by Republic Act No. 6713
(Code of Conduct and Ethical Standards for Public Officials and Employees).
Now, for the interest of this case, the issue shall be pounded accordingly. "In his affidavit
complaint, complainant Rommel Beltran alleged that on April 6, 2015 at around 3:15 o'clock
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in the afternoon, he attended the regular meeting presided by Barangay Captain Danao. One
v of the agenda is the annual budget of the barangay for the year 2015. During the discussions,
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herein respondent voiced out that she does not want to sign the document relating to the
o. o .
barangay. The complainant commented that if respondent would not sign, then the barangay
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should have another authorized person who would sign the documents for the financial
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dealings of the barangay. Immediately respondent faced him and maliciously, firmly and
il. b
continuously pointed her right hand index finger on his face and around three (3) times with a
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distance of two (2) feet and I simultaneously shouted "dapat maiikat nga treasurer" (you
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should be removed as treasurer) and as a result, complainant felt embarrassed in the presence
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of around twelve (12) persons as I discrete him as a human being, dishonored him as a person
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w. .
and insulted him as a government employee. It was due to the foregoing that the complainant
filed criminal and administrative charges against respondent for misconduct". w
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From our viewpoint of the complainant's acts, it shows that he went beyond to his official ww
jurisdiction. Needless to say, a barangay treasurer is an appointee whose functions are limited.
Limited in the sense that he is only called to join the sessions if his report is needed. But in the
case at bar, he considered himself as a council member joining the discussions without metes
and bounds. If is true that respondent voiced out his language maybe because there is a
reasonable point on his part. The respondents' ego rose up because of complainant's attitude
by directly controlling the power of the respondent judging her ability and capacity as
chairman on the committee on Appropriations. The complainant acts telling directly for the
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respondent to be replaced by another authorized person is the same as telling to the people
o v that he will be removed from her position. That kind of words suggest that respondent is
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inutile which is not acceptable. The complainant should have at least give a little respect to the
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respondents rank, a representative of the public that deserved a maximum obedience and
respect not because she is an elected Barangay Officials much less she is woman of tenderness.
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We all know that a woman is deemed easily touch of profanity modes. She wants sympathy
than inflammation being a feminist in character.
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But in the case of Baloloy v. Flores, where the respondent Sherwin M. Baloloy was charged
with misconduct because:
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x x x complainant alleged that as he was going back to his office after delivering court
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documents, he noticed respondent sitting on a bench, staring menacingly at him. Without any
warning, respondent stood up and boxed him several times in the face. To avoid further harm, w
complainant ran towards room 315 and once he was inside, the secretary therein locked the
door. Respondent pursued him and started kicking and banging at the door, all the while
shouting invectives at him. Respondent left after apparently sensing the alarm he was causing.
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Here, it is clear at hand that complainant didn't make any provocation in contrast to this
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instant petition wherein complainant had actually argued by uttering words not acceptable for
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any elected officials to be declared for their removal in their capacity as committee chairman.
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Otherwise he is more than a dictator.
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himself wide latitude
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It connotes to our mind that complainant, being a man and an appointee should have given
of discretion and understanding. He should have done a ceremonial ww
remedy by taking a manifestation to the council members. It appears actually that
complainant is standing like an elected officials or a council member. His duty was to
represent the chief executive as an alter ego of the Punong Barangay in the presentation of the
budget to the council members and to answer queries from the member's itself. He was not
there to argue because in the first place he is not a member of the barangay councils.
Under the Local Government Code, Chapter 4, section 390. Composition - The Sangguniang
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Barangay, the legislative body of the barangay, shall be composed of the Punong Barangay as
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presiding officer, and the seven (7) regular sangguniang barangay members elected at large
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and the sangguniang kabataan chairman as members.
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Clearly enough, the law was adopted purposely to put harmony in the local
.
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government level. Thus, the above sections imply that barangay appointed officials should
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observe the parameter in order that the dictates of the law shall prevail at once. This should
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serve as a guidance to all appointed officials. Further, it is the presiding officer who is
authorized by law to adjourn a meeting or sessions not a barangay appointee.
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was agitated by respondent's style.and character that stir her emotions and didn't stop. She
On the part of the respondent, she admitted that she uttered the words because she
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admitted that it was aw
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wher opinions. ww
normal act brought up because of the words of the complainant
immediately judging
We agree with respondent not because she is an elected official. It is our perception
that respondent as Chairman on Appropriations has all the rights to invoke whatever opinion
and ideas she has in order to protect her duty as Barangay Kagawad. To emphasize her
explanations of not signing the budget was "there have been complaints from the members of
the Barangay Tanods why they were not receiving their salaries and I was being blamed
because I refused to sign the budget so I explained that I was being careful as the current
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Chairman of the Committee on Appropriations and Bids and Awards Committee, as there
v have been many cases in the past when I was not yet the chairman of said committee, where
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our barangay appropriations were denied on audit due to anomalies and irregularities
o. o .
committed. I cited the inclusion in the budget for the year 2015, the barangay Aids who were
u i
entitled to receive their salaries when in truth and in fact they have never rendered duty, nor
ag
they have an appointment papers and with this the complainant said there is an internal
il. b
arrangement that the salaries will be given to those who actually rendered services, to which I
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said was irregular and illegal. This is the reason I refused to sign the budget anyway it was
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already approved by the city council members. I said I am not in favor of internal
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arrangements because it is illegal under Audit Observation Memorandum (COA).
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Anent to the explanation of respondents of their budget simply dictates that she is curious and w .
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thus it needs more time to expedite the budget for further investigations on the alleged
anomalies. She should be given the time to explain her reasons. But herein complainant who is
not a barangay council immediately recited by asking her to be removed as Barangay
Kagawad. Worst, the complainant even interfered the session's internal procedure by asking
the adjournment of the session which is not his own volition and capacity to do so but the
council members himself. An act beyond his power or authority. An act that transgresses the
rule of law. It should be pointed out that respondent was only doing what is right as mandated
by law, to aver:
"The h
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R.A.
law on Code of Conduct and Ethical Standards for Public Officials and Employees or
No. 6713, section 4. Par. (b) Professionalism - xxxThey shall enter public service with
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devotion and dedication to duty. They shall endeavour to encourage wrong perceptions
.
o of their roles as dispensers or peddlers of undue patronage.
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Article XI section 1 of the constitutions provides that, Public office isg
a a public trust. Public
il.b
officers and employees must at all times be accountable in the people, serve them with utmost
responsibility, integrity, loyalty and efficiency xxx.
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cwhich should co
Indeed, respondent was actually in the side
anomalies committed in the barangay
w .imbedded be given attention by the chief executive if .
w and his right not to sign the budget was because of her own ww
indeed he is part of transparency by law. The respondent deserves the merits for
investigations. If w w
being a guardian of corruption
she was then outburst, it was because she doesn't want to be tainted with
corruption. The act of the complainant especially on internal arrangements is actually
contrary to law. Therefore, the act of the respondent in answering the complainant was a spur
of the moment because of such complainant's provocation. In other words, if complainant
didn't trigger the respondent then perhaps it didn't go on the extent of what was transpired in
their office. Hence, respondents act is not per se improper because she was incited to the
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premeditated acts of the complainant instead of referring the matter to the proper body.
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Again, every officer must have to observe the proper right conduct from one another much
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less that they are model of the people they are serving. Sad to say, their quarrel should have
been answered to be initiated by no less than the chief executive of the Barangay. This isolated
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case should have at least been crafted at the Barangay level based on their internal
w
procedures. If the Barangay can level up cases brought before them then it should have ww
followed to their offices being a good example of leaders in their constituents.
Wherefore premises considered, the Division III found respondent not guilty of the offense
charged and instantly dismisses the case for lack of merits.
SO ORDERED.
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12. Committee Report Nr. MARKET-2017-035
v SECOND READING FOR PUBLICATION

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"Anti-Scalping Ordinance in the City of Baguio."
(NOTE: [a] FIRST READING 24 July 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 out proposed penal or regulatory ordinances in due and proper form for
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publication in at least one newspaper of general circulation in Baguio City before the same shall again be
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calendared for second reading and be considered by the Sangguniang Panlungsod adopting the following
procedures: (a) Second reading of the proposed ordinances (title only). Discussion shall be allowed.)
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The Committee on Market, Trade, Commerce recommends APPROVAL ON
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SECOND READING AND FOR PUBLICATION
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the proposed ordinance.
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13.
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Committee Report Nr. DIV2-2017-005
Letter dated 03 August 2016 of Barangay Kagawad Angelina C. Ramos, et al., Camp 7 Barangay to
Hon. Vice Mayor Edison R. Bilog, submitting their Sworn Verification/Certification complaint
dated 17 August 2016 against Punong Barangay Constancio F. Danao, Camp 7 Barangay.
(NOTE: The above case is docketed as Barangay Administrative Case No. 10-2016.)
The Committee on Barangay Admin Case (Division 2) recommends APPROVAL of the
h attached Resolution the dispositive portion of which reads, as follows:

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go "WHEREFORE, go
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premises considered, the Division recommends judgment finding the
respondent Punong Barangay Constancio F. Danao of Camp 7 Barangay, guiltyo
ofisuspension for
of serious or
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ag
grave dishonesty and serious or grave misconduct and be meted the penalty
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a maximum period of six (6) months without prejudice to the provisions of paragraph (6) of
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Section 66 of Republic Act 7160, known as the Local Government Code of 1991".
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COMMITTEE o REPORTS:
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14. Committee Report w Nr. w
MARKET-2017-036 ww
SECOND READING AFTER PUBLICATION
"Establishing a branding system to raise the quality, standards and marketability of Baguio-made
products."
h calendared for second reading and be considered by the Sangguniang Panlungsod adopting the following
h
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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 19 July 2017.
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It was also published in the Sun Star issue of 22 and 23 July 2017.)
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SECOND READING AFTER PUBLICATION of the above proposed ordinance.
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The Committee on Market, Trade, Commerce and Agriculture recommends APPROVAL ON
.
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15. Committee Report Nr. HEALTH-2017-044
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Proposed Ordinance Nr. PO 0047-17 introduced by Hon. Elaine D. Sembrano and Hon. Faustino A.
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Olowan entitled, "Providing for regulations in the conduct of medical missions and similar
undertakings in the City of Baguio." w
(NOTE: [a] FIRST READING 03 April 2017 Regular Session [Agenda Item Nr 04]; and
procedures: (a) Second reading of the proposed ordinances (title only). 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,
Baguio City Post Office, Baguio City Library and the Baguio City Health Services Office starting 08 May 2017.
(Item 30, 24 April 2017 Agenda)

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It was also published in Baguio Herald Express March 7, 2017 issue.)
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Considering the inputsw
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during the Public Hearing on the above proposal on July 4, 2017, the
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Committee on Health and Sanitation, Ecology and Environment Protection recommends
APPROVAL ON SECOND READING AFTER PUBLICATION of the above proposed
ordinance as amended. A copy of the amended proposed ordinance is hereto attached and
forms part of this committee report.
Hon. Edgar M. Avila, Member of the Committee signified, "The proposed ordinance would
discourage NGO's from doing charity work and we cannot by legislation regulate charity
work."
v ph Report Nr. BRGY-2017-102

.Committee
16.
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go No. 04, series of 2017 of Palma-Urbano Barangay entitled, "An ordinance updating .Barangay go
Letter dated 24 July 2017 of PB Alberto V. Reyes, Palma-Urbano Barangay, resubmitting Ordinance
o. io
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Ordinance 001, series of 2008 and adopting City Tax Ordinance 2011-01 series of 2011."
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(NOTE: The matter was returned to the barangay on 13 June 2017 without favorable review as agreed upon
b
during the 05 June 2017 Regular Session.)
.
ilamendments
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Considering that the barangay has reflected the required as agreed during the
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05 June 2017 Regular Session, the Committee on Barangay Affairs recommends
FAVORABLE REVIEW the above barangay
. c ordinance.
.
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17. Committee Report Nr. BRGY-2017-103
Proposed Resolutionw Nr. PR 0139-14 introduced by the Hon. Vice Mayor Edison R. Bilog entitled,
"Revising the rules for the raffling of administrative cases filed against elective barangay officials."
The Committee on Barangay Affairs recommends APPROVAL the above proposed

resolution.
18. Committee Report Nr. UPLH-2017-022

SECOND READING FOR PUBLICATION
h Proposed Ordinance Nr. PO 0141-17 introduced by Hon. Elaine D. Sembrano entitled, "Amending
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v.p Section 4 of Ordinance Numbered 19, series of 2009, 'Providing for the guidelines in monitoring
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subdivisions and other real estate development in the City of Baguio and penalties for violations
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thereof'."
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(NOTE: Ord. 19, series of 2009 PROVIDED FOR THE GUIDELINES IN MONITORING SUBDIVISIONS AND
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OTHER REAL ESTATE DEVELOPMENT IN THE CITY OF BAGUIO AND PENALTIES FOR VIOLATIONS
THEREOF.)
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ou
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procedures: (a) Second reading of the proposed ordinances (title only). Discussion shall be allowed.)
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The Committee on Urban Planning, Lands and Housing recommends APPROVAL ON
SECOND READING AND FOR PUBLICATION of the proposed ordinance.
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Proposed Resolution Nr. PR 0119-17 introduced by Hon. Faustino A. Olowan entitled, "A resolution
requesting the Department of Agriculture-Regional Field Unit (DA-RFU-CAR), BPI Compound,
Guisad, Baguio City thru Atty. Marjorie P. Ayson, Regional Director to cause the donation of a
parcel of land located at Dontogan Barangay in favor of the Department of Education-CAR
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.ThepCommittee on Urban Planning, Lands and Housing recommends APPROVAL of the v.p
(DepEd)."
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.go above proposed resolution of Councilor Faustino A. Olowan. . go
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agentitled, "A resolution
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il. Office to conduct a general
Proposed Resolution Nr. PR 0137-17 introduced by Hon. Elaine D. Sembrano
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in aid of legislation, urging the City Planning and Development
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inspection of all on-going development and construction activities whether issued locational and
report to the City Council within thirty c

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other permits or not, in the City of Baguio pursuant to Ordinance 19, series of 2009 and to submit its
(30) days upon approval hereof."
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(NOTE: Ord. 19, series of 2009 PROVIDED FOR THE GUIDELINES IN MONITORING SUBDIVISIONS AND
ww
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OTHER REAL ESTATE DEVELOPMENT IN THE CITY OF BAGUIO AND PENALTIES FOR VIOLATIONS
THEREOF.)
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The Committee on Urban Planning, Lands and Housing recommends APPROVAL of the
above proposed resolution.
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21. Committee Report Nr. LAWS-2017-061
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Letter dated 24 July 2017 of Mr. Alex B. Cabarrubias, City Treasurer submitting the duly
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accomplished Lease Contracts of Lessees of City-owned lots for confirmation by the august body:
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1. Heirs of Alfredo Rillera Sr., by : Alfredo P. Rillera Jr.;
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2. Manadlang, Corazon; ww
3. Balanggoy, Patricia P.;
4. Spouses Joseph and Lilian Loyosen;
5. Reyes, Alicia M.;
6. Heirs of Placida B. Castillo, by: Manuel Pacsoy Sr.;
7. Pancho, Petrona Severo, by: Sabrina Marie A. Gimeno;
8. Heirs of Caridad Acop, by: Sabrina Marie A. Gimeno;
9. Tajan, Jose Ong;
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10. Langpuyas, Antonia;
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11. Manadlang, Domingo, by: Dolores Liquete;
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12. Liquete, Juan, by: Dolores Liquete
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13. Tan, Icasio, by: Wilburn Tan;
14. Budhrani, Chandru;
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15. Choy, Gregory W.;
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16. Heirs of Ireneo Salas, by: Atty. Gabino Chao-ayan;
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17. Heirs of Carlos Kwan, by: John Huang Kwan;
18. Javillonar, Melinda O.;
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19. Amistad, Itong, by: Wilburn Tan;
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20. Aoyong, Antonio;
21. Heirs of Juanita G. Rodriguez, by: Lydia G. Rodriguez;
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22. Heirs of Carolina Ortega, by: Erwin Ortega;
23. Heirs of Gelacio Munsayac, by: Lily Munsayac-Sunga;
24. Heirs of Gertrudes Reyes, by: Virgilio Reyes;
25. Reyes, Alicia M.;
26. Songcuan, Carmen Gracia, by: Arnolfo G. Songcuan;
27. Umali, Arsenia, by: Manuel C. Javillonar Jr.;
28. Sevilla, Carmen, by: Nancy M. Ampaguey;
29. Heirs of Marcelino Cornel, by: Danny Yu Cornel;
30. Caspillan, Sergia, by: Wilburn Tan;
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31. Heirs of Primitivo Juralbal, by: Evangeline J. Valdez;
v 32. Garcia, Gelacio, by: Wilburn Tan;

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33. Villa, Juanito, by: Ludivico Dy;
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34. Hora, Gregoria, by: Jose Hora Dado Jr.;
35. Dominguez, Caridad E. by: Elorde Glenn T. Galvez;
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36. Tek, Liong Tan, by: Michael Tan;
37. Genato, Amelita, by: Glades D. Somebang;
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38. Spouses Peter and Apolonia Agwiking;
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39. Payaoan, Teofilo, by: Mary Daisy D. Poyaoan; and
40. Grutas, Marina Castaneda
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The Committee on Laws, Human Rights and Justice recommends CONFIRMATION of the w .
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Contracts of Lease by and between the City Government of Baguio and the above mentioned
lessees of the City-owned lots.
22. Committee Report Nr. LAWS-2017-062

a. Proposed Ordinance Nr. PO 0111-16 introduced by the Hon. Vice Mayor Edison R. Bilog
entitled, "Amending Section 1 of Ordinance No. 88, series of 2009, and reverting a provision
under Section 2 of Ordinance Numbered 25, series of 1987 [Revised Liquor Ordinance of the
City of Baguio], which was inadvertently omitted after amendments".
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NOTE: [a] FIRST READING -24 October 2016 Regular Session [Agenda Item Nr. 48]; and
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g o committee concerned shall report proposed penal and regulatory ordinance in due and proper form for
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publication in at least one newspaper, of general circulation in Baguio City before, the same shall again be
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calendared for second reading and be considered by the Sangguniang Panlungsod on second reading of the
proposed ordinances, discussion shall be allowed"
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[c] The above proposal was published in the Midland Courier issue of 27 November 2016 and posted on four
a
b
conspicuous places starting 25 November 2016.)
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b. Letter dated 21 November 2016 of PS/Supt. Ramil Ladyong Saculles, Acting City Director,
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BCPO, submitting their evaluation and recommendation on the proposed amendment to Section 1
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of City Ordinance No.88, series of 2009.
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The Committee on Laws, Human Rights and Justice recommends APPROVAL ON SECOND
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READING AFTER PUBLICATION
recommendation of PS/Supt.
AND POSTING taking into consideration the
Ramil Ladyong Saculles, Acting City Director, BCPO as
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embodied in his letter dated 21 November 2016 that hours of operation of business
establishments with amusements such as bars and night clubs should not be beyond
12:00 o'clock midnight with the exception of those liquor-oriented establishments duly
accredited by the Department of Tourism.
Hon. Edgar M. Avila, Member of the Committee signified, "we concur with CD-BCPO".
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1st Indorsement dated 03 July 2017 of Ms. Gloria S. Evangelista, Supervising Administrative
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Officer, City Mayor's Office, forwarding the Deed of Absolute Donation dated 28 June 2017 for a
parcel of land made and executed by Spouses Alberto Y. Goc-oban and Lilia B. Goc-oban in favor
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of the City Government of Baguio.
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(NOTE: The matter is related to the letter dated 22 November 2012 of Spouses Alberto Y. Goc-oban and
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Lilia B. Goc-oban, offering to sell to the City of Baguio the 90 square meter lot covered by
TCT No. 018-2012002259 which is being encroached by the city used as access road by the residents of
Mirador Hill Subdivision, Baguio City which was forwarded to the Committee on Urban Planning, Lands and
Housing on 28 November 2012.)
The Committee on Urban Planning, Lands and Housing recommends CONFIRMING

ACCEPTANCE OF THE DONATION of a parcel of land covered by Transfer Certificate of
Title No. 018-201200225 situated at Res. Sec. "K" containing an area of ninety (90) square
h
meters, more or less donated by Spouses Alberto Y. Goc-oban and Lilia B. Goc-oban.
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v.Inpconsideration of the love and patriotism which the Donor holds for the Donee and as act of v
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. go generosity, said Donor cedes, transfers and conveys, by way of Donation the realg
.
o
estate
o described above for public use of the city as a road free from liens and
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encumbrances.
gbetween the City of
aDomogan
Baguio as Donee represented by the Honorable Mayor Mauricio
il.
On June 28, 2017 a Deed of Absolute Donation was made and executed
b G. and the Spouses
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Alberto and Lilia Goc-oban as Donors.
24. Committee Report Nr. UPLH-2017-026 o

.cYugawen filing a complaint against Ms. Dolores Manacdol . co
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a. Letter dated 18 August 2016 of Juliet
w
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and Ms. Tomasa Mamingyao on the application for transfer of rights over Lot 14, Block 29,
Baguio Workingmen's Village, Brookspoint Barangay, Baguio City containing an area of
511 square meters since the survey they conducted overlapped the lot the complainant is currently
occupying.
b. Letter dated 29 June 2016 of Ms. Dolores D. Manacdol to Hon. Leandro B. Yagot Jr.,
submitting her application for the transfer of rights over Lot 14, Block 29, Baguio
Workingmen's Village, Brookspoint Barangay, Baguio City, containing an area of 511 square
meters, in her favor.
v ph
.There the same subject lot stated above. The committee cannot act on such request unless v.p
are pending applications for Transfer of Rights in the City Council from both parties h
go the parties settle their boundary issues. go
identifying
o. .
io findings
In the actual site inspection conducted and review of pertinent documents u
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submitted,
is a
are as follows:
a. The subject lot application of Ms. Dolores Manacdolb
.
cil
located along Brookspoint
b. The subject lot has an area of Five Hundredn

Barangay, Baguio City;
o u Eleven (511) square meters more or less as

per survey plan submitted;
c
. No. 2017-70todated . co
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c. Lot 14, Block 29 was previously awarded Ms. Tomasa Mangyao (Manengyao) by
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virtue of City Council Resolution
d. Ms. Mangyao (Manengyao)
May 20, 1970;
executed an Affidavit of Waiver in favor of the applicant
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Ms. Manacdol, dated March 2014, the lot together with the improvements existing
thereon;
e. Letter dated 18 August 2016 of Ms. Juliet Yugawen addressed to Hon. Edgar M. Avila
requesting to hold in abeyance the processing of transfer of the lot application of
Ms. Dolores Manacdol alleging that the survey they conducted overlapped the lot they
are presently occupying and that two years ago, Ms. Manacdol and Ms. Mangyao
(Manengyao) came to their house to make them sign a paper regarding the survey of the
h lot but they did not sign the paper;

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v.Itpis recommended that both parties shall hire the services of a Geodetic Engineer of their v.
.go choice TO CONDUCT JOINT RELOCATION SURVEY to determine the actual metes and
. go
o bounds of their respective properties/lot applications to be witnessed by
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Geodetic
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Engineers of
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the City Government before the Committee can act on the request of Ms. Manacdol.
. b
ofil
25. Committee Report Nr. TOURISM-2017-026
Resolution No. 106, series of 2017 of Municipalityc
unofofBaguio
Kapangan entitled, "Confirming the
Memorandum of Understanding between the City represented by the City Mayor
Honorable Mauricio G. Domogan and the o
Mayor Honorable Manny E. Fermin,. forc
Municipality Kapangan represented by the Municipal
. co
w the sisterhood ties."
w Special Events, Parks and Playgrounds recommends that ww
The Committee w on Tourism, w
Resolution No. 106, series of 2017 of Municipality of Kapangan be accepted.
It is further recommended that the said resolution be reciprocated by the City Council of
Baguio by likewise confirming the aforesaid Memorandum of Understanding on joint and
collective motion of all.
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26. Committee Report Nr. TOURISM-2017-027
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Letter dated 29 June 2017 of CSV Metodio B. Maraguinot Jr., Founder and Chair, Convention
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Chair, Youthlead Philippines proposing a partnership with the City Government of Baguio as the
w.c
Convention's Host City during the Sixth Philippine I Transform! Young Leaders Convention
(PHYLC) to be held on 22 to 25 September 2017 in Teacher's Camp and to provide a tourist
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assistance desk and at least 5 PNP security personnel to secure the parameter of the venue and the
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assignment of a point person who will act as the PNP's liaison with YLP. ww
The Committee on Tourism, Special Events, Parks and Playgrounds recommends
co-sponsoring the aforesaid event by providing the necessary assistance as requested by
Youthlead Philippines through its Founder and Chair CSV Metodio B. Maraguinot, Jr.
The committee therefore recommends that the Baguio City Tourism Office and the Baguio
City Police Office be requested to give the necessary assistance to Youth Lead Philippines.
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It is likewise recommended that the organizer be advised to coordinate with the foregoing
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v.p offices relative to their requests.
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o. o.
27. Committee Report Nr. A&F-2017-082
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a. Resolution No. 97, series of 2017 of Gibraltar Barangay entitled, "A resolution requesting
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Honorable Maria Mylen Victoria G. Yaranon to allocate funds for the construction of drainage
a
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canal at Loy-odan's place at Purok 4-East in the sum of Two Hundred Thousand Pesos
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(Php200,000.00)."
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b. Resolution No. 21-2017, series of 2017 of Pucsusan Barangay entitled, "A barangay resolution
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requesting the office of Hon. Faustino A. Olowan to allocate fund in the amount of Two
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w. .
Hundred Thousand Pesos (Php200,000.00) for the construction of drainage canal near Pucsusan
Chapel at Purok 3, Pucsusan Barangay, City of Baguio."
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c. Resolution No. 100, series of 2017 of Gibraltar Barangay entitled, "A resolution requesting
Honorable Edgar M. Avila to allocate funds for the continuation of evacuation center at Purok 6,
in the sum of Two Million Pesos (Php2,000,000.00)."
d. Resolution No. 20, series of 2017 of Imelda Marcos Barangay entitled, "A resolution requesting
the Honorable City Councilor Lilia A. Farias for the possible funding of the rehabilitation of the
multi-purpose building in the amount of Three Hundred Thousand Pesos (Php300,000.00)."
e. Resolution No. 076, series of 2017 of Irisan Barangay entitled, "A resolution requesting Councilor
Edgar M. Avila the amount of One Million Pesos (Php1,000,000.00) for the construction of
bleachers of the Irisan barangay covered court at Elpidio Quirino Elementary School, Purok 2,
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.p .p
Irisan, Baguio City."
v f. Resolution No. 21, series of 2017 of San Vicente Barangay entitled, "A resolution requesting the
v
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Office of the City Councilor Edgar M. Avila to include in his priority based projects/to allocate
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funds for the improvement of waterways at San Vicente, Baguio City."
i
uabove barangay
The Committee on Appropriations and Finance recommends that the
a g
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resolutions be forwarded to the City Development Council for possible inclusion in the listing
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of priority projects of the city.
Committee Report Nr. MARKET-2017-037 u

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28.
.
Letter dated 09 June 2015 of Mr. Salvadorc oBasbas, et. al., regarding their opposition to the planned
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construction of additional corrals at Slaughterhouse Compound, Baguio City. w
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(NOTE: The above matter is related to the letter dated 06 April 2015 of Engr. Leo C. Bernardez Jr., City
Engineer to Hon. City Mayor Mauricio G. Domogan, Dr. Brigit P. Piok, City Veterinarian and the Honorable
Members of the City Council relative to the letter dated 30 March 2015 of Ms. Janet Cabanas et al., corral
users of the Livestock Market at Slaughterhouse Compound and submitting for information and guidance their
undertakings relative to the corrals thereat. This was referred to the Committee on Market, Trade and
Commerce on 08 April 2015.)
(Item 2, 03 August 2015 Agenda)
The Committee on Market, Trade, Commerce and Agriculture recommends that the above
matter be noted. As per letter dated 28 July 2017 of Mr. Alex B. Cabarrubias, City Treasurer,
hBaguio City, the Baguio City Market Authority (BCMA) who exercises direct and immediate
h
v.p supervision and control over the city public market resolved to approve the construction of
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g o additional three (3) corrals at the Slaughterhouse Compound and that a final plan and
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o. .
recommendation will be submitted by the CBAO for the consideration of the BCMA. A copy
of the said letter is hereto attached to form part of this report.
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29. Committee Report Nr. MARKET-2017-038
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Matters raised during the Citizens Forum of the 28 September 2015 Regular Session of the
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Sangguniang Panlungsod in relation to the implementation of Resolution Numbered 60-A-88
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(Granting the request of the market mini-park vendors to occupy that site behind the Hilltop Hotel,
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and requesting the City Engineer to asphalt their proposed relocation site.)
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(Item 31, 12 October 2015 Agenda)
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The Committee on
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Market, Trade, Commerce and Agriculture recommends that the above w
matter be noted for having been moot and academic. As per letter dated 28 July 2017 of
Mr. Alex B. Cabarrubias, City Treasurer, Baguio City, the subject area has already been
renovated and made part of Block IV relocation vending area. Further, stalls or vending that
were generated in the area have already been awarded to qualified displaced vendors. A copy
of the said letter is hereto attached to form part of this report.
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30. Committee Report Nr. PWORKS-2017-029
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a. 1st Indorsement dated 25 May 2017 of Hon. City Vice Mayor Edison R. Bilog, forwarding the
w.c
letter dated 25 May 2017 of PB Carlos P. Ananayo, Lower Rock Quarry Barangay requesting the
conduct of an investigation relative to the ongoing building construction located at No. 24 Lower
w .
Rock Quarry.
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b. Marginal Notation dated July 17, 2017 of Hon. City Mayor Mauricio G. Domogan on the ww
unsigned Resolution Numbered 235, series of 2017 entitled, "The construction of the additional
two (2) floors is suspended per recommendation of Engr. Nazita F. Baez and a structural review
be conducted immediately to find out if the additional 2 floors are structurally safe. The 5 floors
are safe according to Engr. Baez."
(NOTE: Resolution Numbered 235, series of 2017 entitled, "Requesting spouses Manolito and Ellen
Patawaran to temporarily stop their ongoing building construction at 24 Lower Rock Quarry Barangay, Baguio
City" was forwarded to the Office of the City Mayor on 07 July 2017 and was returned unsigned to the Office
of the City Secretary on 18 July 2017.)
(Item h
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23, 31 July 2017 Agenda)
v. v .
go Body went to conduct an investigation at the said site on July 24, 2017 in the .morning.
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a. The Committee on Public Works recommends that the matter be NOTED. The August
o. io that the
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A registered and licensed structural engineer is essentially needed to certify
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building is structurally safe.
b
il. of the above-mentioned matter.
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b. The Committee on Public Works recommends APPROVAL
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K.
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OTHER MATTER/S:
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L. CITIZENS' FORUM ww ww
M. CLOSING PRAYER
Hon. ELMER O. DATUIN shall lead the closing prayer.
N. BAGUIO HYMN
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O. ADJOURNMENT
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h h

v. ph The Presiding Officer Hon. Vice Mayor EDISON R. BILOG

5. FIRST READING:Referral to Committee

v.Decision/Resolution of the Committee on Barangay ADMIN CASE (Division 3) in Barangay v.

"Chapter 5 - Appointive Barangay Officials. Sectionc

Punong Barangay with the concurrence o

w .cspecial session may be called by the local chief executive

. go The complainant on his comment questioned the re-appointment and concurrence g

a gto file a petition

u n must all be supported by substantial

misconduct as grave, the person charged o

9. Committee Report Nr. DIV3-2017-004

o v complainant of anything of value in exchange of allowing Necsuma as the winning bidder.

(g) Entering, on behalf of the government, inton anyc

u n has been violated. This construction

o v (Item 26, 31 July 2017 Agenda)

Resolution of the Committee on Barangay ADMIN CASE (Division 3) in Barangay

v SECOND READING FOR PUBLICATION

The Committee on Barangay Admin Case (Division 2) recommends APPROVAL of the

h attached Resolution the dispositive portion of which reads, as follows:

(Item 30, 24 April 2017 Agenda)

v ph Report Nr. BRGY-2017-102

The Committee on Barangay Affairs recommends APPROVAL the above proposed

18. Committee Report Nr. UPLH-2017-022

report to the City Council within thirty c

v 32. Garcia, Gelacio, by: Wilburn Tan;

22. Committee Report Nr. LAWS-2017-062

The Committee on Urban Planning, Lands and Housing recommends CONFIRMING

24. Committee Report Nr. UPLH-2017-026 o

b. The subject lot has an area of Five Hundredn

o u Eleven (511) square meters more or less as

h lot but they did not sign the paper;

Committee Report Nr. MARKET-2017-037 u

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