Minutes 7 Feb 15 2022
Minutes 7 Feb 15 2022
PRESENT:
ABSENT:
-oOo-
For the approval of the Minutes of the regular session held on February 8, 2022,
Floor Leader (FL) J. Melchor B. Quitain Jr presented the appropriate motion which was
duly seconded by Councilors Wilberto E. Al-ag, Jessica M. Bonguyan, Louie John J.
Bonguyan and Pilar C. Braga, hence, the motion was carried.
FIRST READING
Continuing with the next part of the agenda, FL Quitain Jr. presented a motion to
consider Item Nos. 1668 to 1677 as having been read and passed under First Reading.
However, before the ruling on the said motion, Councilor Jonard C. Dayap requested to
remove Item No. 1677 from the First Reading as he will be reading the same matter
later in the session. In addition, FL Quitain Jr. manifested that the following items also
for inclusion under First Reading: an item regarding PPUK 99 Game Farm and Game
Fowl Raising to be referred jointly to the Committee on Agriculture and Food as well as
six (6) items under the committee of Councilor Jesus Joseph P. Zozobrado III.
Thereafter, FL Quitain Jr. reiterated the pending motion, duly seconded by Councilor
Braga, for the approval of the following items under First Reading:
1669 Request for legislative authority for the City Mayor to sign, for and in behalf
. of the City of Davao, the Deed of Donation and Memorandum of Agreement
(MOA) relative to the operation of Materials Recovery Facilities (MRF) and
improvement of waste diversion through the provision of Solid Waste
Management Equipment which include one (1) Biodegradable Waste
Shredder, one (1) Rotary Drum Composter and one (1) Solar Powered 4G
Camera Kit, for appropriate action of the Body.
1670 Request for legislative authority for the City Mayor to sign, the
. Memorandum of Agreement to be entered into by and between the
Department of Social Welfare and Development (DSWD) Region XI and the
City of Davao, and the passage of SangguniangPanlungsod Resolution
adopting the Yakap Bayan Program of Intervention as the Strategy of the
City in Addressing Drug Abuse and Addiction for Recovering Persons Who
Use Drugs (RPWUD), for appropriate action of the Body.
1672 Request for legislative authority for the City Mayor to sign, the
. Memorandum of Agreement to be entered into by and between the
Department of Health and the City of Davao, for the disbursement of funds
used by the City for the grant of Meals, Accommodation, and Transportation
(MAT) benefits to qualified Health Care Workers (HCWs) covering the period
from September 15, 2020 to December 19, 2020, for appropriate action of
the Body.
1676 Application for LGU accreditation of Hugpong San Roque San Pablo
. Community Agriculture Cooperative, located at PurokBagongSilang,
Barangay Fatima, Paquibato District, Davao City, for appropriate action of
the Body.
1677 Letter of Atty. Elijah Manuel Z. Pepito, Counsel for PPUK 99 Game Farm
. Game Fowl Raising, dated February 11, 2022, relative to their request for
the issuance of an Odinance Authorizing the Commercial Breeding of
Gamecocks to PPUK 99 Game Farm Game Fowl Raising.
1678 RE: 5th Endorsement dated January 5, 2022 of Atty. Tristan Dwight P.
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. Domingo, Assistant City Administrator (Administration), this City, with
attached Legal Opinion No. 1190, Series of 2021, from the Office of the City
Legal Officer, relative to the request for cancellation of encumbrance
reflected on the title of the Real Property covered under Transfer Certificate
of Title No. T-396734 under the name of ABNER P. LAGANG
1679 Letter of Delfin M. Galecia Jr., Punong Barangay, Barangay Buda, Marilog
. District, this City, asking for assistance to reconsider the lifting of the
blocking of renewal of business permit until the crafting of guidelines or
legal parameter is set and to extend help to all business owners not to incur
penalty for not displaying the business permit logo in their establishment.
1682 Letter from Atty. Francis Mark H. Layog, Chief of Staff, Office of the Vice
. Mayor, relative to the request of Atty. Leopoldo D. Espanola Jr., REB, REA,
for the conduct of an ocular inspection regarding the illegal reclamation and
construction of road with canal in front of his client’s property, Mr. Gene A.
Cadiz and Adeliuna C. Jagonase, located at Purok Baybay, Lizada Village,
Lanang, this City.
1683 Concerns and requests for relocation of the affected informal settlers who
. will be displaced by the establishment of the Regional Government Center
(RGC-ARENA) located at Purok 5-A, 5-B and 6-B, Bago Oshiro, Tugbok
District, this City.
At this juncture, TPO Ungab directed the SP Secretary to change the status of
Councilor Danilo C. Dayanghirang from absent to present, which was duly noted.
UNFINISHED BUSINESS
Upon verification from the Sanggunian Secretary that the Barangay Secretary of
Barangay 7-A was in attendance, Councilor Quitain Jr. presented a motion, duly
seconded by Councilor J.M. Bonguyan, to convert the Body into the Committee of the
Whole.
In response to the question of the proponent whether the Barangay has already
secured proof of ownership from government agencies as suggested by the Sanggunian
Members, the Barangay Secretary of Barangay 7-A manifested that, on February 11,
2022, Kagawad Reynaldo Italio talked to the President of Dacudao Homesettlers
Association who apparently agreed to give a copy of the Deed of Donation.
Consequently, Kag. Italio suggested not to send yet the letters to the City Planning and
Development Office and to the Register of Deeds.
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Due to the necessity of budgetary matters, Councilor Quitain Jr. presented a
motion, duly seconded by Councilor Braga, to take up Item Nos. 1664, 1665 and 1667
ahead of the other items.
At the onset, Councilor Dayanghirang explained that Item No. 1664 refers to City
Development Council (CDC) Resolution No. 04, Series of 2022, favorably endorsing to
the Honorable Members of the City Council the proposals as First Addendum to the
Local Development Investment Program (LDIP) CY 2022-2024. All proposals,
according to him, should be incorporated in the LDIP and the Annual Investment
program (AIP) which should be ascertained to be consistent with the vision of the City
as embodied in the Comprehensive Land Use Plan 2013-2022. If there is any
adjustment in the budget, the LDIP must also be amended.
After stating that the Committee on Finance, Ways and Means and
Appropriations favorably recommends the approval and adoption of all the
programs/projects and activities under the First Addendum to the Local Development
Investment Program (LDIP) 2022-2024, Councilor Dayanghirang presented a motion,
duly seconded by Councilors Braga, Al-ag, Baluran and L'Dalodo-Ortiz, for the approval
of the Committee Report.
TPO Ungab took a moment to direct the SP Secretary to change the status of
Councilor Jesus Joseph P. Zozobrado III from absent to present, which was duly noted.
Before the Chair ruled on the motion, Councilor Mahipus asked for a more
itemized presentation of the budget. The proponent expounded that the figures stated
in the LDIP were just adjusted consistent with the proposed budget. The General Fund
Proper occupies the biggest pie with an appropriation of P325,313,012.71 or 77.495%
of the total budget. This includes appropriation for CY 2021 Gratuity Pay of 20,341
Job Order and Contract of Services employees under the General Fund Proper at P5,000
each in the total amount of P101,705,000.00, CY 2022 Financial Assistance to
125,344 Senior Citizens at P1,500 amounting to P188,016,000.00, as payment of
Prior Year’s Obligation and others.
When Councilor Abella asked whether the Lasang Publlic Market is a City-owned
Real Property, Engr. Ivan C. Cortez, Department Head, City Planning and Development
Office (CPDO) suggested that the question be directed to the City Economic Enterprise
which, unfortunately, had no representative as said office was not invited. Councilor
Abella expressed his hope that since the Lasang Public Market is among the City’s public
markets, it will be included in the development programs of public markets. Engr.
Cortez explained that they usually act on the recommendations of the Economic
Enterprise as it is the one which identifies which markets are still feasible to operate
and which ones are recommended for closure or which one will be recommended to be
managed by the private sector.
TPO Ungab reminded the Body that Lasang Public Market is now part of Agdao
Public Market Management so the budget allocated for the development of public
markets, which includes Agdao Public Market, likewise includes Lasang Public Market.
Councilor Braga thanked Engr. Cortez for providing a copy of the list of housing
projects assisted by the City and that this project of the City has really expanded.
Councilor Mahipus, who said that he is yet to receive a copy of the report, reminded
Engr. Cortez that he likewise made the same request because he wanted to make sure
that those who have fully paid the financing obligations can be assisted so that the
individual landowners can have their own titles.
For his next item, Councilor Dayanaghirang presented Item No. 1667 relative to
the proposed Supplemental Budget No. 1, CY 2022, of the City Government of
Davao, consisting of the General Fund Proper, Development Fund and Economic
Enterprises. After stating the favorable recommendation of the committee, the
proponent presented a motion, duly seconded by Councilors Braga, Al-ag, Abellera,
Marohomsalic and L'Dalodo-Ortiz, for the approval and adoption of the Committee
Report.
Prior to the approval of the motion, Councilor Mahipus asked for the original
allocation of the surplus from Calendar Year 2021 amounting to
PHP 415,546,083.44 which is one of the sources of funds of the proposed SB1. The proponent
explained that sometimes in budgeting, there is an overestimate of the budget and the funds
become unused or surplus. He also pointed out the sources of funds as follows:
ECONOMIC
SOURCES OF FUNDS GENERAL DEVELOPMEN ENTERPRISE
FUND PROPER T FUND S TOTAL
1. Surplus from CY 2021
Operations per Certification
issued by the City Accountant
and City Treasurer, dated
February 2, 2022 P 415,546,083.44 415,546,083.44
2. Reversion of Appropriations:
a. Current Year 408,000.00 408,000.00
3,83
b. Prior Years 3,091.32 3,833,091.32
415,954,083. 419,
TOTAL SOURCES P 44 3,833,091.32 787,174.76
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As reflected in the above table, there are only two [2] Sources of Funds for this
SB No.1, viz:
1. The biggest source came from the Surplus of 2021 Operations in the amount
of P415,546,083.44 or an equivalent of 99%;
The proposed Supplemental Budget No. 1 for Calendar Year 2022 of the City
Government of Davao has a total appropriations of FOUR HUNDRED NINETEEN
MILLION SEVEN HUNDRED EIGHTY-SEVEN THOUSAND ONE HUNDRED
SEVENTY-FOUR PESOS AND 76/100 (P419,787,174.76), thereby leaving no
Unappropriated Balance thereof.
3. ECONOMIC ENTERPRISES:
Councilor Mahipus emphasized that part of the surplus is the excess of the
collection as the City has been very efficient in the collection of taxes. He suggested
that the Members of the Sanggunian be given a chance to propose projects under the
Development Fund or be given opportunity to recommend worthwhile development
projects. When the proponent reiterated the pending motion for the approval and
adoption of the Committee Report, duly seconded by Councilors Apostol Sr., Baluran,
Abellera, Braga and J.M. Bonguyan; co-sponsored by Councilors Baluran, Mahipus,
Apostol Sr and Braga, it was carried. The following motion presented by the proponent,
duly seconded by Councilors Braga, Baluran, Mahipus, Apostol Sr., Abellera and J.M.
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Bonguyan; co-sponsored by Councilors Baluran, Mahipus, Braga, J.M. Bonguyan,
L'Dalodo-Ortiz, Marohomsalic, L.J. Bonguyan, Dayap, Apostol Sr. and Abellera, for the
approval of the Resolution below was duly carried:
UNFINISHED BUSINESS
The project has a total gross area of 24,629 square meters, more or less,
covered by Transfer Certificates of Title Nos. T-329628 and 146-2012013221. The said
parcels of land are located within Medium Density Residential Sub-Zone (R-2), Open
Space Easement Zone (OSZ) as well as Water Resource Zone (WRZ). The CHLURU
favorably endorsed the subject application. According to the Site Development Plan,
there will only be 79 units. The applicant secured Water Resource Management Council
Resolution No. 13-21 and was granted clearance. The said applicant likewise submitted
Resolution No. 07, Series of 2019 issued by the Barangay Development Council of
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Tugbok District and Barangay Resolution No. 140A, Series of 2019, stating that
Barangay Catalunan Pequeño interposes no objection to the proposed project.
Duly recognized, Arch. Rexan Rainier Cabangan, part of the technical team of
Granville Norwood screen shared the map of the proposed development. He explained
that the fault line does not traverse the area, instead, it traverses the adjacent property
south of the site. The nearest structure of the project will be more than 100 meters.
Furthermore, the EGGA and the Phivolcs Report pronounced the area as safe as long as
the minimum standards of structural design will be followed.
As for the concerns of Councilor Mahipus regarding the traffic situation, Arch.
Cabangan explained that there will only be 66 units so it will have a small impact on the
traffic. He further manifested that they will protect any existing waterway in the area.
Moreover, storm water will have its own retarding pond and another for rain water.
Councilor Mahipus reminded Arch. Cabangan that there must be interconnectability of
drainage systems so the neighbors will not be burdened with flooding due to their
project.
The architect also stated that they will be establishing green areas using endemic
local flora. Councilor Mahipus reminded the applicant that the City has an Ordinance
protecting trees. If a tree must be preserved, architectural interventions must be
introduced. With that, Councilor Mahipus signified his co-sponsorship to the item.
While Councilor Baluran appreciated the plans for the project especially the
drainage system, he asked where the water will flow. Arch. Cabangan manifested that
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the water will be channeled through their retarding pond which can cater up to 700
cubic meters which will then be discharged to Aclihan Creek. Satisfied with the
explanation, Councilor Baluran expressed his support to the item.
Since there were no further questions for the applicant, Councilor Quitain Jr.
presented a motion, duly seconded by Councilor Braga, to revert to the plenary. He
proceeded to reiterate the pending motion, duly seconded by Councilors Braga and
Baluran, for the approval of the Committee Report which was carried. Councilors Braga
and Baluran duly seconded the succeeding motion presented by Councilor Quitain Jr.
and co-sponsored by Councilors Braga, Mahipus, Abellera and Baluran, thus, the
following Resolution was approved:
Thereafter, a recess was declared to let Councilor Ralph O. Abella take over the
duties of the Chair.
RECESS
(2:25PM)
The committee adopted the suggestion of the City Legal Office which is stated in its
Legal Opinion, Series of 2022, dated December 27, 2021, to include its recommendation
in the amended provisions of Section 2. Prohibited Acts, to read as follows:
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“SECTION 2. PROHIBITED ACTS – It shall be unlawful for any person to urinate
and/or defecate within the public view in any street, alley, highway, other public
places not intended for urination, and any place within the vicinity of any public
building and/or private building in Davao City.”
The City Environment and Natural Resources Office (CENRO) informed the
committee that there is a sufficient number of public toilets and that they plan on
adding more.
SECTION 7. EFFECTIVITY – This Ordinance shall take effect after fifteen (15)
days following the required publication in a newspaper of general circulation.
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The motion of the proponent for the approval and adoption of the Committee
Report was duly seconded by Councilors Braga, Baluran and Villafuerte. Prior to its
approval, Councilor Braga asked if the proposed Ordinance mentions which agency will
implement the same. Since the proposed Ordinance did not mention the implementing
agency, Councilor Braga suggested that CENRO could be the one to implement the
Ordinance.
Councilor Villafuerte, Chairperson of the Committee on Health, informed the Body that
there is a proposed Ordinance under her committee entitled “Zero Open Defacation Ordinance”
which is more related to having toilets in every home. She was concerned with the fact that
the pandemic is still ongoing and the proposed penalties are heavy. She requested the
proponent to delay the charging of fines, instead, require the violators of the Ordinance to
attend a health related seminar. Furthermore, she requested to train Barangay Health Workers
(BHWs), barangay officers and sanitation officers of the City Health Office (CHO) to be among
those who will be deputized. She likewise expressed her agreement with the suggestion of
Councilor Baluran that the proposed Ordinance should not be limited to the vicinity of buildings
but it must include the entire jurisdiction of Davao City. TPO Abella further suggested to
include seminar as penalty for 1st offense.
Pointing out the complexity of the Ordinance, Councilor Mahipus manifested that
some residents of the City live along its shorelines where there are no septic tanks
underneath their houses. Also, there are no restrooms in the hinterlands. He
suggested to separate the matter of open defacation and leave it with the Committee
on Health which already has a proposed ordinance on Zero Open Defacation.
Moreover, he suggested to tackle only urinating in public places since it is a more
rampant practice. He also pointed out that the penalty of fine of PHP 500.00 may be
too heavy for some, thus, he suggested that the proposed Ordinance will have a No
Contest Provision to allow either the payment of PHP 500.00 or the render of voluntary
community service or, for the first time offender to attend a three-hour seminar.
A recess was then declared for the 3 o’clock prayer which was led by Councilor
Jessica M. Bonguyan.
RECESS
(3:10 PM)
When the session resumed, Councilor Quitain Jr. reiterated the following
suggestions given by the other Members: 1) that CENRO would be the implementing
agency; 2) for the penalties, a seminar can be required for first time offenders; 3)
deputize the Liga ng mga Barangay or the office that can aid in the implementation;
and 4) limit the Ordinance to urinating in public places. He then made the counter
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proposal to proceed with the inclusion of defecating in public places as one of the
punishable acts in the proposed Ordinance while Councilor Villafuerte is still crafting
another Ordinance. He further suggested to Councilor Villafuerte not to include
defacating in public so the Ordinance under consideration will stand, to which the
Cheirperson of the Committee on Health agreed to take into consideration.
On the other hand, Councilor Villafuerte requested CENRO to submit to her office
the list of places where they already installed public toilets. She further stated that said
list must be made public so people can plan their trips
To further fine tune the proposed Ordinance, Councilor Quitain Jr. presented a
motion, duly seconded by Councilors Braga, Villafuerte, Baluran and J.M. Bonguyan,
to refer Item No. 1573 back to the committee, which was carried.
Due to the urgency of the matter and the fact that the persons concerned were
present, Councilor Dayanghirang requested to suspend the rules in order to take up
the plight of the operators of the floating cottages in Bunawan. FL Quitain Jr.
presented a motion, duly seconded by Councilor J.M. Bonguyan, to suspend the rules to
take up the aforementioned matter.
SUSPENDED RULES
Councilors Campos III and Mahipus duly seconded the motion presented by
Councilor Dayanghirang for the approval of the proposed Resolution Interposing No
Objection to the operation of the aforementioned business. Before the ruling on the
motion,Councilor Braga asked what a floating cottage is. The proponent explained that
a floating cottage is a very small structure that is like a floating restaurant.
In addition, Councilor Mahipus manifested that he had also talked to Ms. Maribel
Paguican of the Business Bureau, who already committed to help in the issuance of the
business permits. He further manifested that Ms. Paguican agreed to issue the
business permits. Councilor Mahipus described the floating cottages as rafts with roof
which the applicants are using to order bring their clients to the deep portion of the sea
in order to swim. Councilor Mahipus suggested to refrain from naming the specific
inviduals mentioned by the proponent and instead state in the Resolution that the
Sanggunian is interposing no objection to the existence of such facilities in that specific
area. The barangay will have to regulate the matter. The proponent readily accepted
the suggestion with the inclusion in one of the Whereas clauses that there is a
Barangay Resolution of No Objection including the DCIPC. Councilor Mahipus further
suggested to exclude DCIPC to eliminate one layer of requirements and signified his co-
sponsorship to the matter. The proponent explained that DCIPC is only one of the
references on record then registered the co-sponsorship of all the City Councilors from
the 2nd District and other Councilors.
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Councilor Baluran recalled that there is a floating restaurant business in Bohol
that is very lucrative. However, Councilor Dayanghirang clarified that there is no route
for the subject floating cottages, as they are only used as a diving facility. Thereafter,
Councilor Baluran signified his co-sponsorship.
Upon the comment of TPO Abella as to the structure termed as floating cottage,
Councilor Mahipus manifested that he suggested to the Business Bureau to use the
term facility instead so as not to make it confusing. According to the suggestion of
Councilor Mahipus, Councilor Dayanghirang stated that the proposed Resolution will use
the term “cottage” but that one of the Whereas clauses will state that “cottage” refers
to floating bamboo facility for swimming purposes.
When the Resolution was approved, FL Quitain Jr. presented a motion, duly
seconded by Councilors Villafuerte and J.M. Bonguyan, to go back to the regular
proceedings to continue with the Business for the Day.
For his next item under the agenda, Councilor Quitain Jr. discussed Item No.
1639 regarding Resolution No. J-01, Series of 2021 of the Joint Task Force for Marilog
District, requesting the City Council of Davao City to consider the proposal of the
Department of Environment and Natural Resources in resolving the boundary conflict
with the Province of North Cotabato and in the process requesting a meeting with the
officials of the Local Government Unit of Cotabato. The motion of the proponent for the
approval of the Committee Report was duly seconded by Councilor Braga. The
following motion he presented for the approval of the resolution below, duly seconded
by Councilor Braga, was likewise approved:
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Councilor Alberto T. Ungab
Councilor Ungab presented Item No. 1649 relative to the proposed Ordinance
creating the Peace 911 Management Council, subject to all laws and existing legal rules
and regulations. According to Councilor Ungab, Peace 911 was created as a
peacebuilding project for Paquibato District which serves as the gatekeeper of all
programs and projects implemented within the identified focus areas. Executive Order
No. 08, Series of 2021, aims to establish a program to empower the covered
communities through Peace, Economy, Good Governance and the Rule of Law, Identity
and Healing, Strengthening People’s Organizations and Ancestral Domain. The program
was expanded to include selected barangays in Calinan District.
Barangay Peace 911 (BP 911) in the Executive Order was tasked to design and
formulate programs and policies in every barangay in the focus areas. Peace 911 sa
Barangay is envisioned to be the coordinating, policymaking and advisory body of the
participating barangays in lieu of BP 911. The City Peace 911 and Peace 911 sa
Barangay are envisioned to be multi-sectoral bodies that will maximize the participation
of the people in the City.
Before the approval of the motion, Councilor Braga asked for the basis of the
proposed legislation. Councilor Ungab clarified that an Executive Order is intended only
for the executive while an Ordinance is part of the law. The proposed legislative
measure is institutionalizing the advisory council of Peace 911 which is the City Peace
911 Council. It is also modified for it to be applicable to the whole City.
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Resolution No. 03351-22 ENACTING AN ORDINANCE CREATING
THE CITY PEACE 911 COUNCIL AND THE
PEACE 911 SA BARANGAY, SUBJECT TO
ALL LAWS AND EXISTING LEGAL RULES
AND REGULATIONS
For the corresponding Ordinance, the proponent presented a motion which was
duly seconded by Councilors Mahipus, Apostol Sr. and Braga; co-sponsored by
Councilors Mahipus, Braga, Abellera and Apostol Sr., thus, it was approved on Second
Reading.
RECESS
(3:55 PM)
Since Councilor Abella was out and could not yet present Item No. 1108,
Councilor Edgar P. Ibuyan Jr. was instead recognized to present Item No. 1661
regarding his privilege speech relative to the letter of Department of Public Works
and Highways (DPWH) for the temporary road closure for the project, Construction
of Drainage Structure along Daang Maharlika (MN) k1510+610, Davao City. The
proponent manifested that the project commenced on December 17, 2020 and was
supposed to have been completed on October 1, 2021. However, the project was
not realized due to the opposition of the barangay. A suspension of Work Order
was issued to the contractor because of the lack of access road. The barangays
requested DPWH to have additional access roads. DPWH forwarded to the
committee the road map of the affected road sections reflecting the proposed traffic
scheme part by part, making sure that the ingress and egress of motorists and
pedestrians will not be hampered.
Due to time constraint, the Committee Report was not yet signed by the
Members so Councilor Ibuyan Jr. proceeded to ask each member if they were
willing to affix their signatures. He further clarified that the item was jointly referred
to his committee as well as the Committee on Transportation and Communication.
At the query of Councilor Ibuyan Jr., the members of his committee, namely:
Councilors Zozobrado III, L.J. Bonguyan and Abella signified their willingness to affix
their signature on the Committee Report. However, Councilor Al-ag was out. On the
part of the Committee on Transportation and Communication, Councilors Baluran and
Braga likewise signified that they will affix their signature on the said Committee
Report. Councilor Dayanghirang was out while Councilor Librado-Morata was absent.
Councilors Braga and L'Dalodo-Ortiz duly seconded the motion of the proponent
for the approval and adoption of the Committee Report which was also co-sponsored by
Councilor Baluran. The proponent then presented a motion, duly seconded by
Councilors Apostol Sr., Braga and L'Dalodo-Ortiz, for the approval of the appurtenant
Resolution.
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On the question on the availability of an alternate route posed by Councilor
Braga, Councilor Ibuyan Sr. manifested that an alternate route will be provided for
motor vehicles. The recommended roads were the road in between the Barangay Hall
of Barangay 38-D and Almendras Gym, and part of the road of Barangay 37-D from
Quimpo Blvd. The Committee also instructed DPWH to put up a signage before the
start of the construction and announce the alternate routes to the residents.
Upon ascertaining that the road is the one from San Pedro Street to the Coastal
Road, Councilor Mahipus asked for the sentiments of the Barangay since the area
should have more than one access road. The road that will be closed is the only road
in the area that can accommodate a firetruck. In case of fire, while the road is still
subject to closure, there will be no other way to access the area. The question then is
whether the access road will be able to accommodate a firetruck. According to
Councilor Ibuyan Jr., the alternate road is 6 meters wide. Furthermore, the project will
be done phase-by-phase so the road will not be closed all the way. The proponent also
stated that on the side of Barangay 37-D, the width of the road was not mentioned.
However, the CTTMO committed to lend their personnel to help ease the traffic. The
area has a problem with flooding as they easily get flooded so the drainage system
must be improved.
Expressing concern over the lack of road that can accommodate a firetruck in
case of emergencies, Councilor Mahipus signified his abstention until the DPWH can
present a contingency plan in case of fire in the Bucana area.
Councilor Braga stressed that it is not about just having an alternate route
but the alternate route should be passable. She then suggested to have a joint task
Force between the barangay and DPWH so they can work together. She futher
stated that the development may be necessary but things must be balanced so as
not to sacrifice the safety of the residents. The proponent suggested to her to pass
a corollary Resolution for the joint Task Force. He further pointed out that,
ultimately, the development will benefit the people.
For the corollary Resolution, Councilor Braga presented a motion, duly seconded
by Councilors Mahipus, Baluran and Apostol Sr; co-sponsored by Councilors Baluran and
Mahipus, for the approval of the Resolution entitled:
FL Quitain Jr. presented a motion, duly seconded by Councilors Abella, Braga and
Mande, to defer item No. 1108 to the next Regular Session. This was followed by a
motion presented by the Floor Leader, duly seconded by Councilor Villafuerte, to
suspend the rules.
SUSPENDED RULES
When asked for the procedure to declare timberland as alienable and disposable,
Engr. Guarra of the Department of Environment and Natural Resources (DENR)
explained that his division, the Mapping Division, only identifies the status of an area,
which is timberland and which is alienable and disposable. The issuance of the patent
is controlled by CENRO. He could not therefore state the proper procedure.
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Engr. Parilla of DENR, stated that, based on Presidential Decree No. 705, areas
with below 18% slope, are alienable and disposable. If the slope is higher, it is
classified as Timberland. According to him, if an area is declared alienable and
disposable, it is agricultural. There is no Presidential Decree declaring Lake
Macaduhong as Watershed Area although Resolutions to this effect have been passed.
Councilor Abella manifested that, in 2016, a certification was issued stating that
the area is a Watershed Area. He requested for a copy of the certification stating that
the area is alienable and disposable as he could not find one. Engr. Guarra explained
that they depend only on the Land Classification Map. Only Congress can approve land
classification. In addition, there are lands in Lake Macaduhong that were under
cadastral survey. Engr. Guarra also manifested that only the LC line can determine
which is timberland and which is alienable and disposable. Land use on the ground
cannot determine the land status as this will depend on when it was recorded. When
Councilor Abella asked for a copy of the documents wherein the President approved the
reclassification of the area as alienable and disposable, Engr. Gurra answered in the
negative and stated that they depend only on the Land Classification Map.
Due to time constraint, Councilor Abella manifested that, in due time, he will
request for an investigation on the matter.
Councilor Mahipus manifested that the laws on land registration are too many
and confusing and that DENR only relies on available official documents.
Councilor Baluran requested DENR to provide with the statistics or the number of
areas being titled because of land classification.
Councilors Braga, Baluran and J.M. Bonguyan duly seconded the motion for the
approval of the corresponding Ordinance as:
For the next Ordinance, Councilor Dayap presented a motion, duly seconded by
Councilors Baluran, Apostol Sr., Braga and J.M. Bonguyan; co-sponsored by Councilors
Baluran, J.M. Bonguyan, Villafuerte, Mahipus, Principe-Castrodes, Braga, L.J. Bonguyan,
Mande, Abellera and Apostol Sr., to approve it as:
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cns/hce FEBRUARY 15, 2022/7th Regular Session of the 19th Sangguniang Panlungsod in 2022 Page 23 of 29
Ordinance No. 0884-22 AN ORDINANCE AUTHORIZING THE CITY
MAYOR TO SIGN, FOR AND IN BEHALF OF
THE CITY OF DAVAO, THE LOAN
AGREEMENT TO BE ENTERED INTO BY
AND BETWEEN THE CITY OF DAVAO AND
KALAMBOAN SA KATAWHAN CREDIT
COOPERATIVE
Stating that there were five (5) urgent items from the executive, Councilor
Quitain Jr. presented the item regarding the renewal of the Memorandum of Agreement
(MOA) to be entered into by and among the Department of Public Works and Highways-
XI (DPWH-XI), the University of the Philippines and the City of Davao pertaining to the
use of the DC-UP Sports Complex Training Gym, Faculty and Staff Housing of DC-UP
Sports Complex in UP-Mindanao Campus, Mintal, Tugbok District, as quarantine area.
He manifested that there is a Legal Opinion regarding the matter. The proponent then
presented a motion, duly seconded by Councilors Baluran and Braga, for the approval;
of the Resolution as:
For the Ordinance, Councilor Quitain Jr. presented a motion, duly seconded by
Councilors Braga and Baluran, to approve it as:
Proceeding with the next item, Councilor Quitain Jr. recalled that the City has
been donating machines to several hospitals. The proposed Memorandum of
Agreement gives preference to referrals of the City so the City will get special rates.
Thus, he presented a motion, duly seconded by Councilors Villafuerte and Braga, for the
approval of the Resolution as:
For the next legislative measure, Councilor Quitain Jr. presented a motion, duly
seconded by Councilors J.M. Bonguyan, Braga and Villafuerte; co-sponsored by
Councilors J.M. Bonguyan, Dayap, Braga, Mande and Villafuerte, for the approval of the
Resolution as:
The following motion, duly seconded by Councilors Villafuerte, Braga and J.M.
Bonguyan, for the approval of the Ordinance below was likewise approved:
PRIVILEGE HOUR
At this juncture, FL Quitain Jr. declared that Councilor Rodolfo M. Mande will take
his oath as Chairperson of the Committee on Indigenous People, Cultural Communities
and Muslim Affairs, in order to assume the Office and take over the pending items
under said committee. After Councilor Mande took his oath before TPO Ungab, his
fellow Members of the Sanggunian congratulated him.
-o0o-
NOTED:
CHARITO N. SANTOS
Secretary to the Sangguniang Panlungsod
CONFORME:
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cns/hce FEBRUARY 15, 2022/7th Regular Session of the 19th Sangguniang Panlungsod in 2022 Page 28 of 29
NAME SIGNATURE
Councilor Alberto T. Ungab
Councilor Ralph O. Abella
Councilor Nilo D. Abellera
Councilor Bai Hundra Cassandra Dominique N. Advincula
Councilor Wilberto E. Al-ag
Councilor Dante L. Apostol Sr.
Councilor Conrado C. Baluran
Councilor Jessica M. Bonguyan
Councilor Louie John J. Bonguyan
Councilor Pilar C. Braga
Councilor Augusto Javier G. Campos III
Councilor Danilo C. Dayanghirang
Councilor Jonard C. Dayap
Councilor Edgar P. Ibuyan Jr.
Councilor Edgar R. Ibuyan Sr.
Councilor Richlyn N. Justol-Baguilod
Councilor Diosdado Angelo Junior R. Mahipus
Councilor Rodolfo M. Mande
Councilor Jaffar U. Marohomsalic
Councilor Myrna G. L'Dalodo-Ortiz
Councilor Antoinette G. Principe-Castrodes
Councilor J. Melchor B. Quitain Jr.
Councilor Mary Joselle D. Villafuerte
Councilor Jesus Joseph P. Zozobrado III
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