MINUTES OF THE 3RD REGULAR SESSION OF THE 19 TH CITY COUNCIL HELD ON

TUESDAY, JANUARY 18, 2022, AT THE SESSION HALL, SANGGUNIANG PANLUNGSOD,

CITY OF DAVAO

PRESENT:
Councilor Edgar P. Ibuyan Jr. Temporary Presiding Officer
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 Edgar R. Ibuyan Sr.
Councilor Richlyn N. Justol-Baguilod
Councilor Pamela A. Librado-Morata
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 Alberto T. Ungab
Councilor Mary Joselle D. Villafuerte
Councilor Jesus Joseph P. Zozobrado III

ABSENT:

Vice Mayor Sebastian Z. Duterte - On Official Business

Councilor Jonard C. Dayap
Councilor Bonifacio E. Militar - On Domestic Emergency Leave

-oOo-

In view of the absence of Vice Mayor Sebastian Z. Duterte because of an Official

Business, Councilor Edgar P. Ibuyan Jr., as President Pro Tempore, called the session to
order at precisely 1:15 in the afternoon. Councilor Bai Hundra Cassandra Dominique N.
Advincula led the prayer; after which, the singing of the Philippine National Anthem and
“Tayo’y Dabawenyo” followed.

After the roll was called by Ms. Charito N. Santos, Secretary to the Sanggunian,
it was established that twenty-one (21) Members of the Body were present, thus,
mustering a quorum.
 Floor Leader (FL) J. Melchor B. Quitain Jr. proceeded to present a motion, duly
seconded by Councilors Myrna G. L'Dalodo-Ortiz, Pilar C. Braga, Jessica M. Bonguyan,
Edgar R. Ibuyan Sr. and Mary Joselle D. Villafuerte, for the approval of the Minutes of
the Regular Sessions held on January 11, 2022. There being no corrections, the motion
was approved.

FIRST READING

Proceeding with the next part of the agenda, FL Quitain Jr. presented a motion,
duly seconded by Councilors Dante L. Apostol Sr., Myrna G. L'Dalodo-Ortiz, Pilar C.
Braga, Jessica M. Bonguyan, Louie John J. Bonguyan and Mary Joselle D. Villafuerte, to
consider the following items listed in the agenda (Item Nos. 1646 to 1652) as
having been approved under First Reading:

1646. Application for LGU Accreditation of the Association of Active

Responders and Volunteers of Davao City, located at Eagles
Headquarters, Toril District Hall Bldg., Barangay Toril Poblacion,
Davao City, for appropriate action of the Body.

[To be referred to the Committee on Cooperative Development and People’s

Participation]

1647. Application for LGU Accreditation of Bantay-Bayan Foundation Inc.,

for appropriate action of the Body.

[To be referred to the Committee on Cooperative Development and People’s

Participation]

1648. City Housing and Land Use Regulatory Unit (CHLURU) Resolution No. 027-
21, Series of 2021, and its supporting documents relative to the Application
of Green Heights of Toril Homeowners’ Association, Inc., Phase 1 & Phase
II, represented by its president, Ms. Erlinda G. Galo, for Development
Permit (DP) of their housing project, located in Barangay Baracatan, Toril
District, Davao City, for appropriate action of the Body.

[To be referred to the Committee on Housing, Rural and Urban

Development (Low-end Projects)]

1649. Proposed Ordinance Creating the Peace 911 Management Council, Subject
to All Laws and Existing Legal Rules and Regulations, for appropriate action
of the Body.

[To be referred to the Committee on Appointments and Government

Reorganization]

1650. Request of Mr. Noel D. Bersabe for the transfer of the real property covered
under Transfer Certificate of Title No. T-421766, in his favor, located at Bo.
Obrero, this City, particularly described as Lot 11, Block 7, Bcs-2038,
consisting of an area of 320 square meters, more or less, for appropriate
action of the Body.

[To be referred to the Committee on Housing, Rural and Urban

Development (Low-end Projects)]
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1651. Request of Atty. Wilfredo S. Casas, Attorney-in-fact of the heirs of Primitiva
Declaro Garcia, for the cancellation of the condition/restriction annotated in
the Certificate of Title issued to Primitiva Garcia, involving a parcel of land
situated in Barangay Piapi, this City, consisting of an area of 105 square
meters, more or less, for appropriate action of the Body.

[To be referred to the Committee on Housing, Rural and Urban

Development (Low-end Projects)]

1652. Proposed additional revisions to the approved Memorandum of Agreement

as per LHB Resolution No. 10, Series of 2018, re: A Resolution approving
the proposed Memorandum of Agreement (MOA) on the Public School
Teachers’ Housing Project in Block 3, Los Amigos Resettlement Area, among
the City of Davao, the Department of Education, the Homeless People’s
Federation Philippines, Inc., and the Project Partner Teachers, for the
construction of fifteen (15) Interlocking Compressed Earth Blocks (ICEB)
housing units on lots awarded through sale, with prohibition of transfer and
for other purposes, for appropriate action of the Body.

[To be referred to the Committee on Housing, Rural and Urban

Development (Low-end Projects)]

THIRD AND FINAL READING

Councilor Jesus Joseph P. Zozobrado III

ITEM NO. 1106

When Councilor Jesus Joseph P. Zozobrado III was recognized to present the
Ordinance for Item No. 1106, he checked with the SP Secretary if the twenty-one
(21) Members earlier established included the Temporary Presiding Officer. Upon the
affirmative answer of the SP Secretary, he requested that the item be called later in the
session when the other Members of the Body will be in attendance, which was duly
granted.

Councilor J. Melchor B. Quitain Jr.

Item No. 1615

After presenting the Ordinance relative to Item No. 1615, Councilor Quitain Jr.
presented a motion, duly seconded by Councilors Ibuyan Sr., J.M. Bonguyan, Braga,
L.J. Bonguyan, Apostol Sr. and Abella, for the approval of the Ordinance below on Third
and Final Reading:

Ordinance No. 0860-22 AN ORDINANCE AUTHORIZING THE CITY

MAYOR TO SIGN, FOR AND IN BEHALF OF
THE CITY OF DAVAO, THE MEMORANDUM
OF AGREEMENT TO BE ENTERED INTO BY
AND BETWEEN THE CITY OF DAVAO AND
THE PHILIPPINE BUSINESS FOR SOCIAL
PROGRESS (PBSP) INC., RELATIVE TO
THE PROGRAM, ENTITLED “ADVANCING
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cns/hce January 18, 2022/3rd Regular Session (19th City Council) Page 3 of 17
 CLIENT-CENTERED CARE AND
EXPANDING SUSTAINABLE SERVICES FOR
TB” FROM JANUARY 1, 2021 TO
DECEMBER 31, 2023

UNFINISHED BUSINESS

Councilor J. Melchor B. Quitain Jr.

Item No. 1486

For Item No. 1486 regarding the letter of Reolsyl E. Caingles requesting the
adoption of Barangay Ordinance No. 01, Series of 2021 and Sangguniang Barangay
Resolution No. 50, Series of 2021 of Barangay 7-A, Poblacion District, this City ,
Councilor Quitain Jr. manifested that the Barangay concerned was asked to present
proof of ownership over the subject covered court. Duly seconded by Councilors J.M.
Bonguyan, Villafuerte and Advincula, his motion to convert the Body into the Committee
of the Whole was carried.

COMMITTEE OF THE WHOLE

Duly recognized, Kagawad Ente of Barangay 7-A stated that the title of the
property was with another Kagawad who was not yet online. The proponent then
presented a motion to revert to the plenary which was duly seconded by Councilor J.M.
Bonguyan. After manifesting that the item be taken up later in the session, the
proponent proceeded to the next part of the agenda.

BUSINESS FOR THE DAY

Councilor J. Melchor B. Quitain Jr.

Item No. 1526

Item No. 1526 regarding two (2) separate Memoranda of Agreement to be

entered into by and between the National Housing Authority (NHA) and the City
of Davao relative to the following projects: 1. construction of Wet and Dry
Market Building with land development at Mintal Relocation Project, Barangay
Sto. Niño, Tugbok District; and 2. construction of Community Police Action
Building at Mintal Relocation project, Barangay Sto. Niño, Tugbok District, all in
Davao City was next discussed by Councilor Quitain Jr. According to the legal
opinion of the City Legal Office, the proposed contracts are legally permissible.
To let the representative from NHA participate, the proponent presented a
motion, duly seconded by Councilor J.M. Bonguyan, to convert the Body into the
Committee of the Whole.

At this juncture, TPO Ibuyan Jr. directed the SP Secretary to change the status
of Councilor Wilberto E. Al-ag from absent to present, which was duly noted.

COMMITTEE OF THE WHOLE

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cns/hce January 18, 2022/3rd Regular Session (19th City Council) Page 4 of 17
 Upon due recognition, Atty. Sonny Paul R. Cirunay, Chief Corporate Attorney of
the National Housing Authority (NHA) - Regional Office XI, manifested that the two
projects are intended to accommodate the residents of the relocation project in the
area. To elucidate on the matter, Engr. Mark Robert Marker gave a brief presentation
regarding it. He reported that the project cost of the Community Police Action
Building is about PHP 5,690,468.70 while the duration of the project will be 154
calendar days.

Councilor Zozobrado III suggested that the phrase “Mintal Relocation Project” be
deleted as it is misleading for the reason that the projects are located in Barangay Sta.
Niño which is separate from Barangay Mintal. Atty. Cirunay explained that they relied
on the documents submitted by the City Planning and Development Office (CPDO). It
appears that, when it was established in the 1970s, the relocation project was called
“Mintal Relocation Project”. Atty. Cirunay however accepted the suggestion.

Addressing the concern of Councilor Braga, Atty. Cirunay clarified that NHA will
fund the two projects. Engr. Marker also stated that there was prior coordination with
the Barangay as the request for the construction of the community facilities emanated
from the Barangay directly addressed to its General Manager, Marcelino Escalada Jr.
Moreover, they did not receive any complaints regarding said projects.

After expressing heartfelt gratitude to Mr. Escalada Jr., Coucilor Baluran asked
Atty. Cirunay if there were problems with the proposed site. Atty. Cirunay replied that
they conducted an ocular inspection of the area with representatives from CPDO. They
did not find anything that would impede the construction of the buildings.

Responding to the query of Councilor Ungab, Atty. Cirunay stated that the
project cost of the market is about PHP 58, 700,507.60 which will be done in one phase
only.

When Councilor Mahipus pointed out that the Memorandum of Agreement states
that the City Government will shoulder any amount in excess of the allocated budget for
the projects, Atty. Cirunay explained that the budget is sufficient for the construction of
the buildings and land development. However, if there will be unforeseen expenses
such as eviction of informal settlers, the City Government will shoulder such expenses.
He further stated that the property is registered under the name of the City.

Engr. Roy Ryan Rigor, CPDO, manifested that, based on the certificate issued by
Engr. Ivan C. Cortez, Departhead Head of CPDO, the property is owned by the City
Government. There are 164 informal settlers in the area who are already being
assessed for inclusion in the socialized housing projects of the national government as
they are disqualified for relocation. Atty. Cirunay likewise cleared that they intend to
implement the project in 2022. Engr. Rigor manifested that the settlers know that the
area is owned by the City and that a government project will be implemented in the
area. If there will be assistance to be distributed to the settlers, it will be coursed
through the City Social Welfare and Development Office (CSWDO) for proper
documentation.

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cns/hce January 18, 2022/3rd Regular Session (19th City Council) Page 5 of 17
 When Councilor Mahipus brought up the issue that, under the Market Code of
the Philippines, a public market must be at least 500 meter radius away from an
existing public market, Engr. Rigor explained that there is only a talipapa in the area
which does not really fall under the definition of a public market. Councilor Mahipus
reminded eveyone that, while the establishment of a Wet and Dry Market is for the
good of the people, the UDHA Law requires that informal settlers should be relocated or
be given sufficient funds. After the thorough discussion, Councilor Quitain Jr.
presented a motion, duly seconded by Councilors Advincula, Braga and Baluran, to
revert the Body to the plenary.

After recommending that the City Mayor be granted the authority to sign the two
Memoranda of Agreement, the proponent presented a motion, duly seconded by
Councilors Al-ag, Zozobrado III, Apostol Sr., Baluran and Ibuyan Sr; co-sponsored by
Councilors Baluran, Zozobrado III, Principe-Castrodes, Apostol Sr., Villafuerte, L'Dalodo-
Ortiz, Braga, Al-ag, Ungab and Ibuyan Sr., for the approval and adoption of the
Committee Report.

Before presenting the Resolutions, Councilor Quitain Jr. reiterated that the
phrase “Mintal Relocation Project” be deleted and to retain only Barangay Sto. Niño,
Tugbok District for the address of the proposed location of the projects. He then
presented a motion, duly seconded by Councilors Al-ag, L'Dalodo-Ortiz, Apostol Sr.,
Zozobrado III and Braga; co-sponsored by Councilors Al-ag, Baluran, Braga, L'Dalodo-
Ortiz, Apostol Sr., Villafuerte and Zozobrado III, for the approval of the Resolution
below:

Resolution No. 03232-22 ENACTING AN ORDINANCE AUTHORIZING

THE CITY MAYOR TO SIGN, FOR AND IN
BEHALF OF THE CITY OF DAVAO, THE
MEMORANDUM OF AGREEMENT (MOA) BY
AND BETWEEN THE NATIONAL HOUSING
AUTHORITY (NHA) AND THE CITY OF
DAVAO RELATIVE TO THE
CONSTRUCTION OF COMMUNITY POLICE
ACTION BUILDING AT BARANGAY STO.
NINO, TUGBOK DISTRICT, THIS CITY

When he presented the corresponding Ordinance, Councilor Quitain Jr.

manifested that the phrase “Mintal Relocation Project” be deleted from the title as well
as in Sections 1 and 3. He thereafter presented a motion which was duly seconded by
Councilors Al-ag, Apostol Sr., Braga, L'Dalodo-Ortiz, Baluran and Zozobrado III; co-
sponsored by Councilor Al-ag, for the approval of the Ordinance on Second Reading,
which was thereby approved.

For the construction of the Wet and Dry Market Building, Councilor Quitain Jr.
once again manifested to delete the phrase “Mintal Relocation Project”. He then
presented the proper motion which was duly seconded by Councilors Al-ag, L'Dalodo-
Ortiz, Baluran, Apostol Sr., Principe-Castrodes, Villafuerte, Braga and Zozobrado III,
thus, the Resolution was approved as:

Resolution No. 03233-22 ENACTING AN ORDINANCE AUTHORIZING

THE CITY MAYOR TO SIGN, FOR AND IN
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cns/hce January 18, 2022/3rd Regular Session (19th City Council) Page 6 of 17
 BEHALF OF THE CITY OF DAVAO, THE
MEMORANDUM OF AGREEMENT (MOA) BY
AND BETWEEN THE NATIONAL HOUSING
AUTHORITY (NHA) AND THE CITY OF
DAVAO RELATIVE TO THE
CONSTRUCTION OF WET AND DRY
MARKET BUILDING AT BARANGAY STO.
NINO, TUGBOK DISTRICT, THIS CITY

The succeeding motion for the approval of the corresponding Ordinance on

Second Reading was duly seconded by Councilors Al-ag, Apostol Sr., L'Dalodo-Ortiz,
Zozobrado III, Braga and Principe-Castrodes, thus, it was approved.

Item No. 1568

After thanking the resource persons from the National Housing Authority,
Councilor Quitain Jr. proceeded to discuss Item No. 1568 regarding the Deed of
Usufruct to be entered into by and between the City Government of Davao and
Buhangin Central Elementary School-Sped Center, relative to the school property
located in Barangay Buhangin, this City. The Buhangin Central Elementary School
requested the City to execute the Deed of Usufruct as a requirement to continue the
construction of a 3-story 12-classroom school building. In its legal opinion, the City
Legal Office found the proposed Deed of Usufruct to be without legal infirmities.

Stating the recommendation of the committee that the City Mayor be given
authority to sign the subject Deed of Usufruct, the proponent presented a motion, duly
seconded by Councilors Braga, Apostol Sr. and Al-ag, for the approval and adoption of
the Committee Report. Prior to the approval of the motion, Councilor Braga asked why
the Deed of Usufruct is needed. The proponent answered that it is necessary because
the area is owned by the City. It was the school principal herself who requested the
City to execute the subject deed.

Addressing the question of Councilor Mahipus, the proponent stated that the site
is the location where the current SPED Building is located. After manifesting his co-
sponsorship, Councilor Mahipus suggested that the Real Property Task Force (REPTAF)
should update the City-owned properties in order to establish shelter for informal
settlers to avoid a repetition of what happened with the Bolton Bridge incident. As
there were no further comments, TPO Ibuyan Jr. declared the approval and adoption of
the Committee Report. Councilor Quitain Jr. then presented a motion, duly seconded
by Councilors Al-ag, Braga, J.M. Bonguyan and Apostol Sr.; co-sponsored by Councilors
J.M. Bonguyan, Braga, Mahipus, Baluran, Zozobrado III and Campos III, for the
approval of the Resolution entitled:

Resolution No. 03234-22 ENACTING AN ORDINANCE AUTHORIZING

THE CITY MAYOR TO SIGN, FOR AND IN
BEHALF OF THE CITY OF DAVAO, THE
DEED OF USUFRUCT BY AND BETWEEN
THE CITY OF DAVAO AND BUHANGIN
CENTRAL ELEMENTARY SCHOOL SPED
CENTER RELATIVE TO THE USE OF A
PARCEL OF LAND (LOT NO. 680-A)
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cns/hce January 18, 2022/3rd Regular Session (19th City Council) Page 7 of 17
 COVERED UNDER TRANSFER
CERTIFICATE OF TITLE NO. T-29843,
CONTAINING AN AREA OF TEN
THOUSAND SQUARE METERS (10,000
SQ.M.), MORE OR LESS, SITUATED IN
BARANGAY BUHANGIN, DAVAO CITY

Duly seconded by Councilors Al-ag, J.M. Bonguyan, Baluran, Apostol Sr., Braga,
L.J. Bonguyan and Ibuyan Sr.; co-sponsored by Councilors Zozobrado III, Apostol Sr
and J.M. Bonguyan, the motion presented by the proponent for the approval of the
Ordinance on Second Reading was approved.

Councilor Alberto T. Ungab

Item No. 1634

Duly recognized, Councilor Ungab discussed Item No. 1634 relative to the
proposed Ordinance creating the Local Disaster Risk Reduction and Management Office
(LDRRMO), and providing funds thereof, subject to all laws and existing legal rules and
regulations. The Committee on Appointments and Government Reorganization
received a letter from the City Mayor addressed to the Vice Mayor about the creation of
the City Disaster Risk Reduction and Management Office (CDRRMO). Currently,
CDRRMO has taken a larger role which includes data accumulation, research,
assessment and response for both human induced or natural disasters. This includes
disaster preparedness, identification and assessment of risk as well as risk reduction.
Ordinance No. 0368-15, Series of 2015, already created CDRRMO as a division of the
City Mayor’s Office. The City Mayor is requesting to make CDRRMO a regular
department of the City. Because of the expanding role of CDRRMO, it will become a
department headed by a City Department Head with Salary Grade 26 and a City
Assistant Department Head withe Salary Grade 24, instead of a Division Head with
Salary Grade 22.

In the creation of a department, there should be at least three divisions. The

proposal is to have five divisions with CDRRMO forming one division called the
Operations and Warning Division while Central 911 will fall under the Local Emergency
Communications and Response Division. Upon the other hand, there should be at least
two sections in a division. These are all satisfied by the proposed organizational
structure.

Moreover, the proponent reported that, as per the City Budget Office, the current
percentage of personal services is at 17.21%. If the new positions for CDRRMO will be
added, it will go up to 17.5%. By law, the City is allowed up to 45% of its personal
services in its annual budget. Since CDRRMO was already created and the proposal is
only to upgrade its role, the title should be amended to “AN ORDINANCE UPDATING
THE ORGANIZATIONAL STRUCTURE OF THE CITY DISASTER RISK REDUCTION AND
MANAGEMENT OFFICE (CDRRMO) AND PROVIDING FUNDS THEREOF, SUBJECT TO ALL
LAWS AND EXISTING LEGAL RULES AND REGULATIONS”

The proponent then presented a motion, duly seconded by Councilors Baluran,

Braga and J.M. Bonguyan, for the approval and adoption of the Committee Report.

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cns/hce January 18, 2022/3rd Regular Session (19th City Council) Page 8 of 17
 Prior to the ruling on the motion, Councilor Baluran asked him if there is a need
to mention the creation of CDRRMO as a department. To this, Councilor Ungab
explained that CDRRMO and the City Disaster Risk Reduction and Management Council,
the regulating body of the office, have been created already. The proposed Ordinance
is meant to update it in accordance with its evolving role in the City. The proponent
further expounded that the previous Ordinance did not mention that CDRRMO is a
division or a department, however, it states that CDRRMO will be headed by a
Management Officer with Salary Grade 22 which is for a Division Head. The proposed
Ordinance will upgrade this to Salary Grade 26 which is meant for a Department Head,
in accordance with civil service laws.

In response to the query of Councilor Mahipus, the proponent manifested that

the proposed Ordinance is intended to update the organizational structure of CDRRMO
to fit the current demands of the Office. As for the concommittant increase in the
budget allocation for personal services, Councilor Ungab assured that the City is still
within the threshold of 45% as the increase will only make it up to 17.5%. The
proponent likewise reminded the Body that, under the Disaster Fund, 30% is used for
Quick Response Fund (QRF) while 70% can be used for activities, programs and
procurement of equipment for disaster response. Based on Republic Act No. 10121, the
department can use disaster funds. When Councilor Mahipus expressed his concern
that the budget for the department will eat up the allocated budget for other programs
and offices, the proponent manifested that the City Budget Office issued a certificate
that the City is within the budget for personal services. Although there is a requirement
for the creation of new positions to have also new sources of funds, this is found in the
Annual Budget. The only requirement for personal services is that it will not exceed
45% of the budget.

In order to let the Department Head of the Human Resource Management Office
(HRMO) participapte in the discussion, Councilor Ungab presented a motion, duly
seconded by Councilors Villafuerte and Braga, to convert the Body into a Committee of
the Whole.

COMMITTEE OF THE WHOLE

As the Department Head of HRMO, Mr. Lemuel Ortonio explained that there is an
annual budget allocated for personal service for plantilla positions, based on the
certification issued by the City Budget Office, the City is still within the limits set for
personal services. Councilor Mahipus manifested his co-sponsorship to the proposed
legislative measure.

Addressing the concern of Councilor Braga, instutionalizing means the

establishment of the regulating body and the implementing body. What is being
updated is only the implementing body which is the Local Disaster Risk Reduction
and Management Office (LDRRMO). Section 4 of the proposed Ordinance states
that “the City Disaster Risk Reduction and Management Office shall be
converted from a divison under the City Mayor’s Office to a regular department
of the City Government of Davao pursuant to the Civil Service Omnibus Rules on
Appointments and Other Human Resource Actions.”

When Councilor Villafuerte asked as to why Central 911 is included as a

division of CDRRMO rather than having its own department, Councilor Ungab
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cns/hce January 18, 2022/3rd Regular Session (19th City Council) Page 9 of 17
manifested that the request from the City Mayor’s Office states “to create a
department for both CDRRMO and Central 911.” However, Central 911 does not
have an Executive Order creating it. Since there were no other questions, the
proponent presented a motion, duly seconded by Councilor Braga, to revert to
the plenary. Thereafter, the pending motion for the approval and adoption of
the Committee Report was carried.

Councilor Ungab then presented a motion, duly seconded by Councilors

Braga, Al-ag, Abella, Apostol Sr. and J.M. Bonguyan; co-sponsored by Councilors
Braga, J.M. Bonguyan, L'Dalodo-Ortiz, Abella, Baluran, Marohomsalic, Villafuerte, L.J.
Bonguyan, Mahipus and Zozobrado III, for the approval of the following Resolution:

Resolution No. 03235-22 ENACTING AN ORDINANCE UPDATING

THE ORGANIZATIONAL STRUCTURE OF
THE CITY DISASTER RISK REDUCTION
AND MANAGEMENT OFFICE (CDRRMO)
AND PROVIDING FUNDS THEREOF,
SUBJECT TO ALL LAWS AND EXISTING
LEGAL RULES AND REGULATIONS

Councilors Baluran, Braga and Abella duly seconded the succeeding motion for
the approval of the corresponding Ordinance which was also co-sponsored by
Councilors Baluran and Mahipus.

Before the motion was approved, Councilor Mahipus inquired which division is in
charge with pre-emptive notification of a possible disaster. The proponent replied that
it is under the Operations and Warning Division. The Risk Assessment and Monitoring
Section will make sure that no disaster will happen under bridges. Risk Assessment is
monitored by the Operations and Warning Division which will submit their findings to
the Research and Planning Division. The plans made by the Research and Planning
Division will be forwarded to the Operations and Warning Division for implementation.

Since risk reduction is part of the mandate of CDRRMO, Councilor Mahipus

wanted to know the challenges that the office is facing. To properly discuss the
concern, the motion presented by Councilor Ungab to convert the Body into a
Committee of the Whole was approved.

COMMITTEE OF THE WHOLE

LTCOL Alfredo D. Baloran of CDRRMO was recognized and he manifested that

their office already conducted a risk assessment on all bridges in the City. They already
recommeneded to the City Mayor’s Office for the immediate removal of all informal
settlers underneath the City’s bridges. The assessment was made as early as August
29, 2017. He pointed out that the Risk Assessment and Monitoring Section under the
Operations and Warning Division already performs the needed risk assessment.
Furthermore, he recommended the hiring of a Geodetic Engineer to complete the team
that will conduct risk assessment.

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cns/hce January 18, 2022/3rd Regular Session (19th City Council) Page 10 of 17
 Councilor Mahipus suggested that CDRRMO can be empowered or to incorporate
as part of the functions of said office the authority “to enforce, enact and implement
measures for disaster risk reduction in the City ” so the office may summarily introduce
measures for risk reduction. LTCOL Baloran stated that such will be a good addition to
the Ordinance and that it would be a great honor for them.

In addition, Councilor Ungab manifested that Republic Act No. 10121 provides
that the role of CDRRMO is to implement policies or approved plans and programs of
the LDRRMC since LDRRMC makes the plans and policies and CDRRMO implements
them. Whatever the CDRRMO will do must be approved first by LDRRMC since
CDRRMO is the implementing body.

Councilor Baluran agreed with the suggestion of Councilor Mahipus in order to

make the office more pro-active.

After commending CDRRMO and each BDRRMC for a job well done as frontliners
during emergencies, Councilor J.M. Bonguyan registered her co-sponsorship to the
proposed legislative measure. Thereafter, Councilor Ungab presented a motion, duly
seconded by Councilor Baluran, to revert the Body to the plenary.

When TPO Ibuyan Jr. checked with the Sanggunian Secretary, as to the status of
Councilors Al-ag, Antoinette G. Principe-Castrodes and Nilo D. Abellera, they were
already marked present since they manifested as such through the chatbox. Thus,
there were twenty-four (24) Members present including the Temporary Presiding
Officer.

THIRD AND FINAL READING

Councilor Jesus Joseph P. Zozobrado III

ITEM NO. 1106

Since there were already twenty-four (24) Members present, Councilor

Zozobrado III was duly recognized to present Item No. 1106 relative to “AN
ORDINANCE ADOPTING THE DAVAO CITY COMPREHENSIVE LAND USE PLAN
(CLUP) 2019-2028, AMENDING CITY ORDINANCE NO. 0546-13, SERIES OF
2013” for Third and Final Reading. The motion of the proponent for the passage of
the Ordinance was duly seconded by Councilors Baluran, Braga, Villafuerte, Mahipus
and Apostol Sr.

However, Councilor Dayanghirang asked for the reconsideration of Section 3 of

the Ordinance which states:

“SECTION 3. GENERAL PRINCIPLE. The Zoning Ordinance is a

regulatory measure which is enacted to identify, administer and control
the various land zone classification, designate and manage allowable uses
therein and prescribe physical and performance standards and restrictions
based on the approved land use plans as reflected in the Comprehensive

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cns/hce January 18, 2022/3rd Regular Session (19th City Council) Page 11 of 17
 Land Use Plan of the City, without prejudice of amending the Ordinance
as maybe necessary in accordance with the prevailing laws.”

Councilor Dayanghirang requested to include the power of the Sanggunian to

amend in accordance to Republic Act No. 7160 or the Local Government Code of 1991
so there will be no questions later on regarding which laws will govern when amending
the Ordinance.

In response, Councilor Zozobrado III remarked that the suggestion was already
discussed during the Second Reading of the matter. He further humbly opined that it
would be superfluous and redundant considering that it is an Ordinance which means
that only the Sanggunian can amend it. Moreover, the phrase used in the proposed
Ordinance is consistent with the intent of Councilor Dayanghirang. The latter
respectfully stated that the phrase “in accordance with the prevailing laws ” indeed
encompasses all laws including the Local Government Code. The provision shall read as
follows:

“SECTION 3. GENERAL PRINCIPLE. The Zoning Ordinance is a

regulatory measure which is enacted to identify, administer and control
the various land zone classification, designate and manage allowable uses
therein and prescribe physical and performance standards and restrictions
based on the approved land use plans as reflected in the Comprehensive
Land Use Plan of the City, without prejudice of amending the Ordinance
as maybe necessary in accordance with the prevailing laws.”

Councilor Dayanghirang however emphasized that the spirit of his proposal is to

give premium and importance on the power of the Local Government Code as the Bible
of all Local Government Units.

Subsequently, Councilor Zozobrado III reiterated his earlier motion for the
approval of the Ordinance on Third and Final Reading which was duly seconded by
Councilors Mahipus, Baluran, Braga and Abellera; co-sponsored by Councilors Mahipus,
Braga, Apostol Sr., Mande, Abellera, Villafuerte, J.M. Bonguyan, Baluran and L.J.
Bonguyan. Consequently, the following Ordinance was approved:

Ordinance No. 0861-22 AN ORDINANCE ADOPTING THE DAVAO

CITY COMPREHENSIVE LAND USE PLAN
(CLUP) 2019-2028, AMENDING CITY
ORDINANCE NO. 0546-13, SERIES OF
2013

Following the approval of the Ordinance, Councilor Zozobrado III acknowledged

and thanked Engr. Ivan C. Cortez and his team from the City Planning and
Development Office (CPDO) for painstakingly finishing the revision of the CLUP under
the leadership of City Mayor Sara Z. Duterte. He also thanked his fellow members of
the Sanggunian as well as Ms. Eden Santiago of the Department of Human Settlement
and Urban Development (DHSUD).

In addition, Councilor Mahipus manifested that the CLUP is a landmark legislation

introduced by the 19th City Council under the leadership of Vice Mayor Sebastian Z.
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cns/hce January 18, 2022/3rd Regular Session (19th City Council) Page 12 of 17
Duterte who steered them to new measures of protecting the City. The CLUP has
introduced more protection to the environment and to expand the areas of
conservation, biodiversity protection and housing programs.

After which, TPO Ibuyan Jr. declared a recess to make way for the 3 o’clock
prayer led by Councilor Pilar C. Braga.

RECESS
(3:00 PM)
.
When the session resumed, FL Quitain Jr. presented a motion, duly seconded by
Councilors Dayanghirang and J.M. Bonguyan, to suspend the rules in order to discuss
other matters.

SUSPENDED RULES

Councilor Danilo C. Dayanghirang

According to Councilor Dayanghirang, on January 13, 2022, Engr. Ivan C. Cortez,

Department Head of CPDO, wrote a letter to the Vice Mayor relative to minor
corrections to the amount stated in the 7 th addendum of the Local Development
Investment Program (LDIP) and the Annual Investment Program (AIP) from One
Hundred Fifty-Eight Million Three Hundred Twenty-Five Thousand Pesos
(PHP 158,325,000.00) to One Hundred Sixty-Three Nillion Three Hundred Twenty-Five
Thousand Pesos (PHP 163,325,000.00) because of the supplementary project in the
Social Development Sector-Davao City’s Intervention Program for African Swine Fever
affected areas amounting to Five Million Pesos (PHP 5,000,000.00).

In one single motion but in two separate Resolutions presented by Councilor

Dayanghirang, duly seconded by Councilor Baluran, the following Resolutions were
approved:

Resolution No. 03236-22 AMENDING RESOLUTION NO. 03211-21,

SERIES OF 2021, APPROVING/ADOPTING
THE 7TH ADDENDUM TO THE LOCAL
DEVELOPMENT INVESTMENT PROGRAM
(LDIP), PER REQUEST OF THE CITY
PLANNING AND DEVELOPMENT
COORDINATOR TO INCLUDE THE
SUPPLEMENTARY PROJECT IN THE
SOCIAL DEVELOPMENT SECTOR - DAVAO
CITY’S INTERVENTION PROGRAM FOR
AFRICAN SWINE FEVER (ASF) AFFECTED
AREAS AMOUNTING TO FIVE MILLION
PESOS (PHP 5,000,000.00)

Resolution No. 03237-22 AMENDING RESOLUTION NO. 03212-21,

SERIES OF 2021, APPROVING/ADOPTING
THE 7TH ADDENDUM TO THE 2021
ANNUALINVESTMENT PROGRAM (AIP),
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cns/hce January 18, 2022/3rd Regular Session (19th City Council) Page 13 of 17
 PER REQUEST OF THE CITY PLANNING
AND DEVELOPMENT COORDINATOR TO
INCLUDE THE SUPPLEMENTARY PROJECT
IN THE SOCIAL DEVELOPMENT SECTOR -
DAVAO CITY’S INTERVENTION PROGRAM
FOR AFRICAN SWINE FEVER (ASF)
AFFECTED AREAS AMOUNTING TO FIVE
MILLION PESOS (PHP 5,000,000.00)

Councilor Nilo D. Abellera

Councilor Abellera brought to the attention of the Sanggunian the issue on short
changing or the act of insufficient or no change to a consumer who purchase a product
or service. Republic Act No. 10909 or the “No Shortchanging Act of 2016” provides that
it shall be the duty of the business establishment to give the exact change to the
consumer without waiting for the consumer to ask for the same. The act of
shortchanging or even giving change in the form of goods due to unavailability of small
bills and similar acts are prevalent in the City. These are in violation of Republic Act No.
10909 and shall be penalized by the Department of Trade and Industry (DTI) if found
guilty. Due to the need to remind establishments in the City to abide by the said law,
Councilor Abellera presented a motion, duly seconded by Councilors Baluran, J.M.
Bonguyan and Braga, for the approval of the Resolution entitled:

Resolution No. 03238-22 URGING BUSINESS ESTABLISHMENTS IN

THE CITY OF DAVAO TO IMPLEMENT
REPUBLIC ACT NO. 10909 OR THE “NO
SHORTCHANGING ACT OF 2016” IN THE
CONDUCT OF BUSINESS

Councilor J. Melchor B. Quitain Jr.

On motion of Councilor Quitain Jr., duly seconded by Councilors Braga, Baluran,

Campos III and Abellera, the Resolution below was approved:

Resolution No. 03239-22 ENACTING AN ORDINANCE AUTHORIZING

THE CITY MAYOR TO SIGN, FOR AND IN
BEHALF OF THE CITY GOVERNMENT OF
DAVAO, THE RENEWAL OF THE
MEMORANDUM OF AGREEMENT (MOA) TO
BE ENTERED INTO BY AND BETWEEN THE
CITY OF DAVAO AND CITY NORTH INN
PERTAINING TO THE USE OF THE LATTER
AS QUARANTINE AREA FOR COVID-19
PATIENTS FOR A PERIOD OF THREE (3)
MONTHS COMMENCING ON JANUARY 2,
2022

After the Resolution was approved, the proponent presented a motion, duly
seconded by Councilor Braga, for the approval of the corresponding Ordinance entitled:

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cns/hce January 18, 2022/3rd Regular Session (19th City Council) Page 14 of 17
 Ordinance No. 0862-22 AN ORDINANCE AUTHORIZING THE CITY
MAYOR TO SIGN, FOR AND IN BEHALF OF
THE CITY GOVERNMENT OF DAVAO, THE
RENEWAL OF THE MEMORANDUM OF
AGREEMENT (MOA) TO BE ENTERED INTO
BY AND BETWEEN THE CITY OF DAVAO
AND CITY NORTH INN PERTAINING TO
THE USE OF THE LATTER AS
QUARANTINE AREA FOR COVID-19
PATIENTS FOR A PERIOD OF THREE (3)
MONTHS COMMENCING ON JANUARY 2,
2022

PRIVILEGE HOUR

Councilor Pilar C. Braga

Councilor Braga reminded the Body of the Bible month which is celebrated in
the month of January based on Presidential Proclamation No. 124. The theme for the
Bible Month for the year 2022 is “God’s love heals a suffering world”. The celebration is
a joint effort of the Evangelical Protestant Church and the Catholic Archdiocese of
Davao, spearheaded by the Philippine Bible Society (PBS). Rev. Rueland Badoy of the
Peace International Apostolic Ministries was then recognized and he offered a prayer for
the City.

Councilor Conrado C. Baluran

Councilor Baluran spoke about the excessive exposure of children to gadgets

because nowadays kids and gadgets have become inseparable. Allowing children to
spend more than two (2) hours a day on electronics can have irreversible physical and
mental damage such as slow cognitive development and attention deficiency. He
proposed to request the National Telecommunications Commission (NTC) to enter into a
Joint Memorandum of Agreement with all Internet Service Providers (ISPs) in the
Philippines to install available technology, program or software that will block or filter all
videos containing pornography, sexual and explicit topics, and obscene views. Duly
seconded by Councilors J.M. Bonguyan and Braga, the motion of Councilor Baluran to
consider his privilege speech as having been red and passed under First Reading and
referred to the Committee on Information and Technology was approved.

Thereafter, FL Quitain Jr. presented a motion to revert to the plenary to discuss

Item No. 1486. However, the resource persons were not online. To give the Barangay
a chance to have their Ordinance approved byv the Sanggunian, Councilor Quitain Jr.
presented a motion to defer the matter to the next Regular Session and to invite the
concerned Barangay official to attend with the proof of ownership of the covered court.
The aforementioned motion was duly seconded by Councilors J.M. Bonguyan and
Braga, hence, it was approved.

Since all items under the regular agenda and under the suspended rules have
been discussed and there were no more items to be considered, FL J. Melchor B.
Quitain Jr. presented a motion to adjourn, duly seconded by Councilors Abellera, J.M.
Bonguyan and Braga. The session was adjourned at 3:55 in the afternoon.
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cns/hce January 18, 2022/3rd Regular Session (19th City Council) Page 15 of 17
 -o0o-

I HEREBY CERTIFY TO THE CORRECTNESS OF THE FOREGOING MINUTES

HANNAH CRIS A. ECHAVEZ

Local Legislative Staff Officer V

NOTED:

CHARITO N. SANTOS
Secretary to the Sangguniang Panlungsod

CONFORME:

NAME SIGNATURE
Councilor Edgar P. Ibuyan Jr.
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cns/hce January 18, 2022/3rd Regular Session (19th City Council) Page 16 of 17
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 Edgar R. Ibuyan Sr.
Councilor Richlyn N. Justol-Baguilod
Councilor Pamela A. Librado-Morata
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 Alberto T. Ungab
Councilor Mary Joselle D. Villafuerte
Councilor Jesus Joseph P. Zozobrado III

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cns/hce January 18, 2022/3rd Regular Session (19th City Council) Page 17 of 17