MINUTES OF THE 42nd REGULAR SESSION OF THE 20TH CITY COUNCIL HELD ON

TUESDAY, NOVEMBER 14, 2023, AT THE CONFERENCE ROOMS, 3 rd FLOOR,

SANGGUNIANG PANLUNGSOD, CITY OF DAVAO

PRESENT:

Vice Mayor J. Melchor B. Quitain Jr. - Presiding Officer

Councilor Marissa S. Abella
Councilor Nilo M. Abellera Jr.
Councilor Luna Maria Dominique S. Acosta
Councilor Bai Hundra Cassandra Dominique N. Advincula
Councilor Bernard E. Al-ag
Councilor Wilberto E. Al-ag
Councilor Al Ryan S. Alejandre
Councilor Dante L. Apostol Sr.
Councilor Conrado C. Baluran
Councilor Jessica M. Bonguyan
Councilor Louie John J. Bonguyan
Councilor Pilar C. Braga
Councilor Augusto Javier G. Campos III
Councilor Jonard C. Dayap
Councilor Edgar P. Ibuyan Jr.
Councilor Edgar R. Ibuyan Sr.
Councilor Diosdado Angelo Junior R. Mahipus
Councilor Rodolfo M. Mande
Councilor Jaffar U. Marohomsalic
Councilor Bonz Andre A. Militar
Councilor Myrna G. L’Dalodo-Ortiz
Councilor Alberto T. Ungab
Councilor Lorenzo Benjamin D. Villafuerte
Councilor Trisha Ann J. Villafuerte
Councilor Jesus Joseph P. Zozobrado III

ABSENT:

Councilor Richlyn N. Justol-Baguilod -OB – Attended a meeting on Public

Health Emergency Contingency Plan at
the Bureau of Quarantine

Councilor Temujin B. Ocampo -OB - Attended the training program for

the JICA Grassroots Project in
Kitakyushu, Japan

-oOo-

At precisely 9:53 in the morning, Vice Mayor J. Melchor B. Quitain Jr. called the
session to order. The same started with an invocation led by Councilor Edgar R. Ibuyan
Sr., followed by the singing of the Philippine National Anthem and “Tayo ay Dabawenyo.”
 Since Ms. Charito Santos, Secretary to the Sanggunian, was attending the
election of officers of the Sangguniang Kabataan (SK) Federation, Ms. Ma. Theresa A.
Reyes, Assistant Secretary to the Sanggunian, acted on her behalf and called the roll
which established that seventeen (17) Members of the Body were present, thus,
allowing the Sangguniang Panlungsod to proceed to do business.

To approve the Minutes of the November 7, 2023 Regular Session, the Floor
Leader presented a motion to this effect, duly seconded by Councilors Dante L. Apostol
Sr., Pilar C. Braga, Jessica M. Bonguyan and Lorenzo Benjamin D. Villafuerte, hence, the
motion was carried.

First Reading

Councilor Jesus Joseph P. Zozobrado III, the Floor Leader (FL), proceeded to
present a motion, duly seconded by Councilors Louie John J. Bonguyan, Pilar C. Braga,
Jessica M. Bonguyan, Rodolfo M. Mande, and Edgar P. Ibuyan Jr., to consider Item
Nos. 1244 to 1251, under the agenda, to have been read and passed under First
Reading, including four (4) additional items (Docketed as Item Nos. 1252 to 1254):

1244. Renewal of the Contract of Lease to be entered into by and between the City
of Davao and Frontmovers Logistics Company, relative to the one (1) year
rental from January 2024 to January 2025 of a warehouse storage for CMO-
Museo Dabawenyo, situated at Birrey Building, San Rafael Village, Duha
Road, Davao City, for appropriate action of the Body.

[To be referred to the Committee on Rules, Privileges, Laws and Ordinances]

1245 Request of Abdulah C. Aquino, Owner-Operator of Aquino Coliseum Gallera,

. for a Special Permit to conduct a 2-Stag Derby on December 16, 2023, to
be held at Aquino Coliseum Gallera, J. P. Cabaguio Avenue, Davao City, for
the entertainment of tourists in Davao City, for appropriate action of the
Body.

[To be referred to the Committee on Games and Amusements]

1246 Request of Jovito P. Villafuerte, Proprietor, Calinan Cockpit Arena, for a

. Special Permit to conduct a 3-Cock/Stag Derby on December 8, 2023, to be
held at Calinan Cockpit Arena, Villafuerte Street, Barangay Calinan, Calinan
District, this City, for the entertainment of tourists in Davao City, for
appropriate action of the Body.

[To be referred to the Committee on Games and Amusements]

1247 Request of Fr. Alfredo G. Africa Jr., MSP, Bursar General, Alay Sa Fil-Mission
. Foundation, Inc., for exemption from the payment of Amusement Tax on the
proceeds of their upcoming event, “Movie for a Cause” (Journey to
Jerusalem) to be held on December 9, 2023, at SM City of Davao, for
appropriate action of the Body.

[To be referred to the Committee on Games and Amusements]

1248 Letter from the Human Resources Management Office requesting for the
. amendment of Ordinance No. 0185-23, Series of 2023, entitled “AN ORDINANCE
UPDATING THE ORGANIZATIONAL STRUCTURE BY CONVERSION, AND
CREATION OF DIVISIONS, SECTIONS, AND POSITIONS IN THE CITY PLANNING
AND DEVELOPMENT OFFICE (CPDO)”, for appropriate action of the Body.

[To be referred to the Committee on Appointments and Government

Reorganization]

1249 Letter of Complaint dated October 12, 2023 of Nuniela Chua Candia, CARP
. Beneficiary and on behalf of Barangay Tamugan CARP Beneficiaries, relative
to their complaint against the construction of a concrete building on a multi-
purpose area located at Center Tamugan, Marilog District, this City, as well
as the issuance of a Building Permit to Daniel Sepada, Manager of Aklat
Farmers’ Dairy Cooperative, for appropriate action of the Body.

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

Development-Socialized Housing Projects; and Cooperative Development and
People’s Participation]

1250 Proposed Resolution enacting an Ordinance entitled, “An Ordinance

. Establishing the Shelter for the IP Watchers and Runners of Patients from
the Indigenous Peoples and Muslims Belonging to the Eleven Tribes of Davao
City namely: Kagan, Matigsalug, Maguindanao, Obu-Manuvu, Tausug,
Tagabawa, Iranun, Klata, Ata, Sama, and Maranao and Appropriating Funds
Therefor”, for appropriate action of the Body.

[To be referred to the Committee on Indigenous People, Cultural Communities

and Muslim Affairs]

1251 Proposed Pet Dog Park Rules and Regulations, pursuant to Section 16,
. Republic Act No. 7160, for appropriate action of the Body.

[To be referred to the Committee on Tourism and Beautification]

1252 Letter from Honorable Councilor Alberto T. Ungab about the endorsement
. letter from Atty. Francis Fernandez, head of the secretariat of the Task Force
on Inventory of Real Properties from the City Government of Davao
requesting for the execution of the Deed of Usufruct between the City
Government of Davao and the Department of Education for the school site of
Baon Aguan National High School and Upper Sirib Elelmentary School

[To be referred to the Committee on City-Owned Properties]

1253 Letter from the President of Rosalina Village III Homeowners Association,
. Inc. pertaining to the request for assistance in the resolution of the issues
pertaining to their homeowners association and for recognition as part of the
urban community, for appropriate action of the Body.

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

Socialized Housing Projects]

1254. Letter from Architect Khashayar L. Toghyani, Officer-in-Charge, Office of the

City Building Official, relative to his request for clarification as regards the
 alleged violation of _____________ Reality Corporation, for appropriate
action of the Body.

[To be referred to the Committee on _______________]

1255 Letter dated November 13, 2023 of Efren B. Remata, President, Settlers
. Association of Apo Gulf Compoud Inc. pertaining to their request for
assistance in the resolution of the issues pertaining to the homeowners
association, for appropriate action of the Body.

[To be referred to the Committee on _______________]

NOTE: PLS ASK INDAY ON REFERRALS OF SAID ITEMS

Thereafter, the status of Councilors Bai Hundra Cassandra Dominique N.

Advincula, Wilberto E. Al-ag and Jonard C. Dayap, who arrived at 10:02 am, was
changed from absent to present.

Before taking up the items under Unfinished Business, FL Zozobrado III

presented a motion, duly seconded by Councilors Louie John J. Bonguyan, Jessica M.
Bonguyan, Lorenzo Benjamin D. Villafuerte, Trisha Ann J. Villafuerte, Pilar C. Braga,
Edgar P. Ibuyan Jr., and Wilberto E. Al-ag, moved to suspend the Rules of the
Sanggunian in order to accommodate Councilor Edgar R. Ibuyan Sr. who was about to
deliver a speech.

SUSPENDED RULES
(10:03 AM)

Councilor Edgar R. Ibuyan Sr.

With his usual jovial attitude albeit tinged with melancholy, Councilor Ibuyan Sr.
started his farewell speech by thanking God who guided him through thirty-four (34)
years of public service. He likewise expressed gratefulness to everyone who helped and
supported him such as his family and relatives, the Duterte family, Ms. Charito N.
Santos, staff and friends. Moreover, Councilor Ibuyan Sr. acknowledged that he learned
a lot not only from the the Duterte family, but also, from his fellow Punong Barangays
and the National Liga ng mga Barangay. He left a promise to continue to serve the
public since public service has always been his passion.

Quoting former President Rodrigo Roa Duterte, Councilor Baluran stated that, in
every time, there is a purpose. He wished Councilor Ibuyan Sr. well in whatever
endeavour he will undertake but he remarked that the City Council as well as the people
in general will miss him and all that he has accomplished.

After which, a brief recess ensued for the photo opportunity.

RECESS
(10:13 AM)
 When the session resumed at 10:25 am, the status of Councilors Conrado C.
Baluran, Marissa S. Abella, Luna Maria Dominique S. Acosta, and Jaffar U.
Marohomsalic, who arrived at around 10:16 am, was changed from absent to
present.

In view of the presence of resource persons who were invited to clarify issues
aired out by Councilor Ibuyan Jr. in his privilege speech during the previous session, the
Rules remained suspended to take up such matter.

COUNCILOR EDGAR P. IBUYAN JR.

After Ms. Reyes, Asst. Secretary to the Sanggunian, confirmed the presence of
Engr. Jose Albert M. Caseñas, Mindanao Operations Manager of Sta. Lucia Realty and
Development, Inc. (Sta. Lucia, for brevity), Atty. Darryl Juno Luigi P. Tape, Attorney IV,
Department of Human Settlements and Urban Development (DHSUD), Engr. Rachel. C.
Cua, Senior Engineer, and Engr. Nickler John Soria, Engineering Assistant, Davao City
Water District (DCWD), and Mr. Angelo C. Quibol, National Water Resources Board
(NWRB), while the representative of the Office of the City Building Official was present
via Zoom Videoconference, Councilor Ibuyan Jr. enlightened the Body that his speech
was based on a complaint against one of the developments of Sta. Lucia Lands. He
stressed that he was not singling out Sta. Lucia but that he was standing out for all
other communities that had problems regarding water.

The issue at hand concerns the water supply of South Pacific Golf and Leisure
Estates located at Catalunan Pequeño, this City, which is a project that Sta. Lucia
developed in 2009 or 2010. According to Engr. Jose Albert M. Caseñas, Mindanao
Operations Manager, Sta. Lucia, he was the Project Engineer of South Pacific at that
time.

Manifesting that he had been a resident of South Pacific for a month, Councilor
Ibuyan Jr. recounted that, during a session held in March 2023 where he was invited to
talk about another item, Engr. Caseñas admitted that they did not have a Building
Permit for their tank and that they did not have any permit from NWRB to extract water.
Furthermore, Sta. Lucia has been collecting fees for the water but only provisional?
receipts were being issued. To make matters worse, the water filters installed by
Councilor Ibuyan Jr. at the water source going to his house turned green in just three
(3) days? due to the presence of algae and molds, hence, he buys fifteen (15) gallons
of water per week for his household because they do not drink the water supplied by
Sta. Lucia. The Councilor further narrated that, in March 2023, DCWD already inspected
the pipes in South Pacific and that DCWD reported that it was waiting for Sta. Lucia to
turn over the water line and that they were still waiting for the same. Councilor Ibuyan
Jr. emphasized the importance of turning over the water pipes to DCWD in order for the
residents to enjoy clean water.

When asked when the turnover will be, Eng. Caseñas explained that Engr. Marlon
Mabanag, Sta. Lucia, possessed a chronological summary which can be shared with
DCWD. He further stated that water quality in South Pacific is bad and that the same is
not fit for drinking. This fact was already divulged to the homeowners but Sta. Lucia is
also fast tracking the turn over. Engr. Caseñas manifested that, at the time of their
application for the project, DCWD issued a certification stating that it (DCWD) could not
supply water at that time of their application. However, around a couple of years ago,
DCWD informed the developer that they could already supply water to South Pacific
although the supply would not be enough because DCWD could not attain the
necessary pressure levels.

Councilor Ibuyan Jr. pointed out that Sta. Lucia asks for Twenty-Thousand Pesos
(PHP 20,000.00) for water deposit before the start of construction but the said
developer bills them for payment for water. He further noted that the water deposit has
not been returned to the homeowners. Councilor Ibuyan Jr. noted that, upon payment,
Sta. Lucia issues only provisional receipts. When Engr. Caseñas responded that the
provisional receipts are only issued if the resident cannot go to the main office of the
developer but that the payer-resident may go to the main office so they can issue an
Official Receipt. It was at this point that Councilor Ibuyan Jr. expounded that the
payment was made at the main office of Sta. Lucia. Thus, Eng. Caseñas asked for a
copy of the provisional receipt since an Official Receipt should have been issued.

Addressing the other concerns of Councilor Ibuyan Jr., Engr. Caseñas manifested
that Sta. Lucia applied for a permit with the National Water Resources Board (NWRB) in
2017 but such application was denied. However, Sta. Lucia already filed another
application. Moreover, Sta. Lucia is also processing the necessary documents for its
tank.

At this point, Engr. Rachel. C. Cua, Senior Engineer, DCWD, was recognized and
she manifested that DCWD already conducted an inspection of South Pacific. Engr.
Nickler John Soria, DCWD, also explained that Sta. Lucia submitted the intended turn
over of South Pacific, however, the latest certification of DCWD, dated March 20, 2023,
states that DCWD can supply water to South Pacific upon the commissioning of the Bulk
Water Supply Project. Further, when DCWD inspected South Pacific in February 23,
2023, they made recommendations for the water supply system. On the other hand,
Sta. Lucia replied to DCWD by expressing their willingness to turn over the water supply
system.

Councilor Ibuyan Jr. noted that DCWD has been making the Bulk Water Supply
Project as the generic reply for the question on water supply system. Based on the
Certification issued on March 2023, DCWD can supply water to South Pacific but the
water distribution system has a problem as the pipelines are laid near the trees so the
roots will disrupt the pipe alignment. The pipes are up to the set standards but the
concern is with the installation. Sta. Lucia already knew of the findings as well as the
recommendations of DCWD. Engr. Marlon Mabanag, point person regarding usufruct of
DCWD, Sta. Lucia, manifested that they already requested for a meeting since all
pipelines in South Pacific will be disturbed by the trees. The planting of trees is also
required under Presidential Decree No. 957, otherwise known as the Subdivision and
Condominium Protective Buyers’ Decree. Consequently, Sta. Lucia guaranteed the
DCWD that they will rectify the problem when it will arise. They even executed an
Affidavit of Undertaking to this effect.

In reply, Engr. Soria, DCWD, stated that DCWD does not want to compromise the
water that it will deliver per household.

At this point, the status of Councilor Bernard E. Al-ag, who arrived at 10:47
am, from absent to present, which was duly noted.
 Councilor Baluran observed that the DCWD resource person is not familiar with
the area. He further noted that South Pacific is near Barangays Sto. Niño and Bago
Oshiro, both of which have a lot of houses that are also not supplied with water by
DCWD. Councilor Baluran noted that the DCWD must properly explain regarding the
pipelines and the availability of water supply.

In response to Councilor Ibuyan Jr. as to when the turnover will be, Eng. Cua
reiterated that DCWD could not accept the turn over because of the aforementioned
results of the inspection. She recommended to supply water through the DCWD mother
meter, which means that the DCWD meter is centralized for the whole subdivision. In
this case, Sta. Lucia will be the one who will collect the payment.

When Councilor Ibuyan Jr. noted that it seemed to him that there was no plan of
turning over the water supply system to DCWD, Engr. Caseñas explained that they were
in the process of doing the same. In fact, they already fixed the affected pipes and that
it was just a process of turning it over to DCWD. He likewise gave an assurance that
Sta. Lucia is coordinating with DCWD already. Other projects of Sta. Lucia such as
South Grove, Ciudad Verde and Riverfront are now connected to DCWD. Such projects
also have trees since having the same is required by law but DCWD did not require
them to comply with other requirements.

Finding the parties at an impasse, Councilor Ibuyan Jr. proposed to pass the
matter under First Reading and to refer the same to the proper committee to
investigate developments that have issues on water supply. He suggested to refer the
same jointly to the Committees on Energy and Water, and Oversight since the City
Council already approved the project upon application of the Preliminary Approval for
Locational Clearance (PALC) and Development Permit (DP).

As Councilor Mahipus took the opportunity to clarify things with DCWD, Engr. Cua
made it clear that Sta. Lucia only filed an intent to turn over the water distribution
system of South Pacific. Engr. Soria manifested that the system must surpass
inspection of DCWD, which, however, it failed. There are things that must first be
rectified such as pipelines affected by the roots. DCWD first inspected the area in
February 2023 then again in October, the results of which remain the same. Engr. Soria
explained that, before proceeding with the turn over, the water distribution system must
pass the technical aspect which is the inspection, hydro-testing and disinfection. He
manifested that they already had a coordination meeting with Sta. Lucia from which it
was agreed that the developer will carry out comprehensive investigation to specify
which pipelines are affected and need to be earmarked for replacement.

Engr. Caseñas manifested that, if the pipes that need to be fixed can be
identified, they can fix the same within the week. He then promised to do their best to
do the necessary interventions so DCWD will finally accept the turn over. Considering
that water is vital in the daily lives of people, Councilor Ibuyan Jr. expressed concern
not only for those living in South Pacific, but also, for those who live in other areas
where there is an issue on water supply.

Councilor Mahipus recommended that the intentions of the Body will be better
served if the matter will be referred to the Committee on Energy and Water, to which he
is the Vice Chairperson, because it is the one who was jurisdiction over water
distribution.
 The Chairperson of the Committee on Energy and Water, Councilor L.J.
Bonguyan, manifested that there are many issues regarding water so Engr. Angelo
Quibol, NWRB, was duly recognized to clarify some things. After stating that he was
authorized to represent NWRB, Engr. Quibol explained that Sta. Lucia violated the
Article 13 of the Water Code of the Philippines (Presidential Decree No. 1067, Series of
1976) when it drilled and extracted water without the necessary permit, for which the
penalty is PHP 1,000.00 per day.

In response to further questions of L.J. Bonguyan, Engr. Quibol explained that

distribution and selling of water need a Certifcate of Public Convenience and Necessity
under Commonwealth Act No. 146, the violation of the same will be penalized with a
fine from PHP 10,000.00 to PHP 50,000.00. When the Presiding Officer asked who can
file a complaint, Engr. Quibol answered that it will be better to have the copy of a
complaint but they can file the complaint themselves because they already know of the
complaint under consideration. He agreed to the request of Councilor L.J. Bonguyan to
furnish him a copy of the list of developers who have a Certificate of Public
Convenience.

When Councilor Ibuyan Jr. asked whether a copy of his privilege speech and the
discussion will be enough as basis of the complaint, Engr. Quibol answered in the
affirmative. He further clarified that the complaint need not be under oath.

Lastly, Councilor Ibuyan Jr. reiterated that he represented not only the residents
of South Pacific but also other people or homeowners who have problems regarding
water and that Sta. Lucia is not being singled out.

COUNCILOR JESUS JOSEPH P. ZOZOBRADO III

Before reverting to the plenary, Councilor Zozobrado III discussed an urgent

matter relative to the request of Ms. Joanna Mae R. Macaranas, Officer-in-Charge,
Davao Public Transport Modernization Project Office, Department of Transportation
(DOTr) for the waiver or abatement of interests, surcharges and penalties assessed as
part of Transfer Tax Payments in relation to the execution of four (4) Deeds of Absolute
Sale of properties affected by the Davao Public Transport Modernization Project
(DPTMP). The City Legal Opinion states that there is not legal infirmity. Consequently,
he presented a motion, duly seconded by Councilors Abella, Apostol Sr., Alejandre, L.B.
Villafuerte, T.A. Villafuerte and Mande, for the approval of the Resolution as:

Resolution No. 01754-23 ENACTING AN ORDINANCE APPROVING

THE REQUEST OF MS. JOANNA MAE R.
MACARANAS, OFFICER-IN-CHARGE, DAVAO
PUBLIC TRANSPORT MODERNIZATION
PROJECT OFFICE, DEPARTMENT OF
TRANSPORTATION (DOTR) FOR THE
WAIVER OR ABATEMENT OF INTERESTS,
SURCHARGES AND PENALTIES ASSESSED
AS PART OF TRANSFER TAX PAYMENTS IN
RELATION TO THE EXECUTION OF FOUR (4)
DEEDS OF ABSOLUTE SALE OF PROPERTIES
AFFECTED BY THE DAVAO PUBLIC
TRANSPORT MODERNIZATION PROJECT
(DPTMP)
 After the abovestated Resolution was approved, Councilor Zozobrado III
discussed the Ordinance and shared with the Body that the total of the transfer tax,
surcharge and interests is about Six Million Eight Hundred Thirty-One Thousand Three
Hundred Forty-One Pesos and 62/100 (PHP 6,831,341.62). The transfer tax is around
Four Million Pesos (PHP 4,000,000.00) while the total interest is One Million Four
Hundred Thousand Pesos (PHP 1,400,000.00) and the surcharge is One Million Six
Hundred Seventy Thousand Pesos (PHP 1, 670,000.00). It was noted that, essentially,
benefit will accrue to the people of Davao City.

When the proponent presented a motion for the approval of the corresponding
Ordinance, the same was seconded by Councilors Abella, Advincula, Baluran, B.E. Al-ag,
Braga, Alejandre, L’Dalodo-Ortiz, and Apostol Sr.

Before the approval on the motion, Councilor B.E. Al-ag sought clarification on
whether there will be class legislation since the City will be waiving fees from DOTr but
not the fees assessed to private persons. Councilor Zozobrado III was quick to explain
that it is not considered class legislation especially because there is a rule that the
government cannot tax itself. While DOTr is willing to pay the transfer tax because the
properties are private, such properties will become public properties after the sale. The
delay of payment of transfer tax was the fault of DOTr since there was a delay in the
release of budget as well. He, however, pointed out that the Capital Gains Tax,
documentary stamp tax and others will still be paid.

The Ordinance below was approved as Councilors B.E. Al-ag, Baluran, Advincula,
Apostol Sr., Alejandre, W.E. Al-ag, Braga, Abellera Jr., Abella, L’Dalodo-Ortiz, L.B.
Villafuerte, T.A. Villafuerte, Ibuyan Jr. and Acosta signified their co-sponsorship:

Ordinance No. 0327-23 AN ORDINANCE APPROVING THE REQUEST

OF MS. JOANNA MAE R. MACARANAS,
OFFICER-IN-CHARGE, DAVAO PUBLIC
TRANSPORT MODERNIZATION PROJECT
OFFICE, DEPARTMENT OF
TRANSPORTATION (DOTR) FOR THE
WAIVER OR ABATEMENT OF INTERESTS,
SURCHARGES AND PENALTIES ASSESSED
AS PART OF TRANSFER TAX PAYMENTS IN
RELATION TO THE EXECUTION OF FOUR
(4) DEEDS OF ABSOLUTE SALE OF
PROPERTIES AFFECTED BY THE DAVAO
PUBLIC TRANSPORT MODERNIZATION
PROJECT (DPTMP)

Thereafter, FL Zozobrado III presented a motion, duly seconded by Councilors

Advincula, J. Bonguyan, and Braga, to revert to the plenary.

Duly seconded by Councilors Braga, Abella, W. Al-ag, Alejandre, and Advincula,

the motion of Councilor Ibuyan Jr. to consider his privilege speech delivered in the
preceding session including the discussion in relation thereof to have been read and
passed under First Reading and referred to the Committee on Energy and Water, was
carried. (Docketed as Item No. 1256)
 UNFINISHED BUSINESS

COUNCILOR BAI HUNDRA CASSANDRA DOMINIQUE N. ADVINCULA

Considering that the applicant has not yet submitted the physical copy of the
inspection report relative to Item Nos. 1163 and 1164, Councilor Advincula
presented a motion, duly seconded by Councilors B.E. Al-ag, Braga, and Alejandre, to
defer said item to the next Regular Session.

COUNCILOR LUNA MARIA DOMINIQUE S. ACOSTA

Item No. 496

Upon due recognition, Councilor Acosta discussed Item No. 496 which pertains to
the proposed amendments to the Ordinance requiring the installation of Closed-Circuit
Television (CCTV) for certain business establishments in accordance with Section 16
(General Welfare Clause) of Republic Act No. 7160 to support the maintenance of
peace, order, and public safety.

She presented the proposed Ordinance as follows:

“SECTION 1. SHORT TITLE.

SECTION 2. DECLARATION OF POLICY.

SECTION 3. DEFINITION OF TERMS.

SECTION 4. SCOPE AND APPLICATION

SECTION 5. MINIMUM TECHNICAL SPECIFICATIONS. Which includes

cloud storage as suggested

SECTION 6. INSTALLATION GUIDE.

SECTION 7. MINIMUM COVERAGE.

SECTION 8. REGULATION AND COMPLIANCE. To which the following

paragraph was inserted:

Existing establishments covered by this Ordinance with existing CCTV Systems installed
that do not meet the specifications contained in this Ordinance shall be allowed a one
(1) year depreciation period of the previously existing CCTV System prior to
installing/upgrading to the CCTV System in accordance with the required specifications
under this Ordinance. The business establishment shall thus be allowed one (1) year
from its next renewal of business permit to comply with the aforementioned
specifications.

SECTION 9. PRIVACY. To which the following paragraph was inserted:

For establishments with several branches within Davao City and a home/main
office outside of Davao, it shall be the responsibility of the home/main office to
 designate a PIC/PIP or Officer-in-Charge of the CCTV Systems of its branches.
Failure of the home/main office to designate such PIC/PIP or Officer-in-Charge
shall subject the business establishment to penalties under this Ordinance.

It shall be the responsibility of the PICs/PIPs to disseminate and appraise its

employees or personnel of the CCTV Policy of the business establishment and
ensure faithful observance thereto.

SECTION 10. VIEWING OF AND ACCESS TO RECORDINGS. To which the

following paragraph was added:
For establishments with several branches within Davao City and a home/main
office outside of Davao, the absence of a designated PIC/PIP or Officer-in-Charge
of the CCTV System shall not be an excuse for noncompliance of this section. To
this end, the manager or person in charge of operations of the branch shall allow
law enforcement authorities to immediately view camera recordings in cases of
hot pursuit or whenever time is of the essence in an ongoing investigation.

SECTION 11. IMPLEMENTING OFFICES.

SECTION 12. PROHIBITED ACTS. To which the following paragraphs were

added:
(c) Failure to develop, devise, or formulate a CCTV Policy, failure to designate a
PIC/PIP or Officer-in-Charge of the CCTV System, and failure to properly apprise
its employees of such CCTV Policy as provided under Section 9 of this Ordinance;

(l) Failure to put up the proper notices which are readily visible and prominent in
areas where a CCTV System is monitoring, in cases of private establishments
only.

SECTION 13. PENALTY CLAUSE. To which the following paragraph was

added:
Likewise, the managing partners, in cases of partnerships, and the president,
secretary and/or such other officers in charge of managing the business as
provided in the by-laws, in cases of corporations, shall be made personally
liable for the violation of this Ordinance in instances involving juridical entities.

SECTION 14. APPEAL PROCESS FOR ADMINISTRATIVE SANCTIONS.

SECTION 15. CREATION OF TECHNICAL WORKING GROUP (TWG)

Chairperson: City Mayor’s Office (CMO)

Secretariat: Public Safety and Security Command Office (PSSO)

Members:

1. Business Bureau
2. City Information and Technology Center (CITC)
3. City Legal Office
4. Davao City Police Office (DCPO)
5. Department of Interior and Local Government (DILG) - Field Office
6. Task Force Davao (TFD)
7. National Bureau of Investigation (NBI) XI – SEMRO
8. 2 Representatives of the Private Business Sector
 SECTION 16. IMPLEMENTING RULES AND REGULATIONS (IRR) – The
Technical Working Group (TWG) shall within 30 days after the Ordinance has
been approved, draft the necessary Implementing Rules and Regulations (IRR)
for the approval of the City Mayor’s Office (CMO). Nevertheless, failure of the
concerned agencies under the preceding section to promulgate an IRR shall not
prevent the implementation of this Ordinance upon its effectivity.
SECTION 17. INFORMATION, EDUCATION, AND COMMUNICATION
CAMPAIGN.

SECTION 18. REVIEW OF CCTV ORDINANCE.

SECTION 19. REPEALING CLAUSE.

SECTION 20. SEPARABILITY CLAUSE.

SECTION 21. EFFECTIVITY CLAUSE. ”

At the query of PO Quitain Jr., Councilor Acosta stated that the concerns of
Councilor Mahipus were already added to the Ordinance.

When Councilor B.E. Al-ag suggested to give a draft of the CCTV policy to make
it easy for the owners/managers to submit the same, the proponent conveyed
information about a template policy from the National Privacy Commission, indicating to
formally submit the same in the next regular session.

Councilor Ibuyan Jr. suggested for new policies to be collated then distributed to
business establishments so they can use the same upon renewal of business permits.
To this, Councilor Acosta responded in the affirmative and stated that the proposed
Ordinance includes a section on information, education and communication campaign.
After which, the following Members signified their co-sponsorship to the Ordinance:
Ibuyan Jr., J.M. Bonguyan, Marohomsalic, Militar, Advincula, Alejandre, T.A. Villafuerte,
Mahipus, L’Dalodo-Ortiz, B.E. Al-ag, L.B. Villafuerte, Mande, Dayap and Braga, hence,
the Ordinance was approved on Second Reading.

COUNCILOR AL RYAN S. ALEJANDRE

Item No. 1190

Since the committee was still waiting for additional documents to be submitted
by the City Tourism Operations Office, Councilor Alejandre moved, duly seconded by
Councilor Ibuyan Jr., to defer the item to the next regular session. With Councilors J.
Bonguyan and Mande seconding the said motion, the same was duly carried.

After the item was deferred, a recess was declared for the lunchbreak.

RECESS
(11:55 AM)

Upon resumption of the session at 1:25 in the afternoon, the Body discussed the
items under Business for the Day.
 BUSINESS FOR THE DAY

COUNCILOR PILAR C. BRAGA

Item No. 428

When she was recognized to discuss Item No. 428 regarding the proposed
Ordinance Creating the Davao City Office for Culture and the Arts, Councilor Braga
callhe recalled that the committee report was already approved on June 6, 2023 but the
item was held in abeyance until they received the Certification for budget allocation
from the City Budget Office. She then requested the Co-Author, Councilor Al Ryan S.
Alejandre to present the proposed resolution.

Duly seconded by Councilors J.M. Bonguyan, L.B. Villafuerte, T.A. Villafuerte, and
W.E. Al-ag, the motion presented by Councilor Alejandre for the passage of the
Resolution listed below was approved:

Resolution No. 01755-23 ENACTING AN ORDINANCE CREATING THE

DAVAO CITY OFFICE FOR CULTURE AND
THE ARTS AS A DIVISION UNDER THE CITY
MAYOR’S OFFICE, APPROPRIATING FUNDS
THEREOF, AND FOR OTHER PURPOSES

Following the approval of the Resolution, Councilor Braga discussed the proposed
Ordinance as follows:

“AN ORDINANCE CREATING THE DAVAO CITY OFFICE FOR

CULTURE AND THE ARTS AS A DIVISION UNDER THE CITY MAYOR’S
OFFICE, APPROPRIATING FUNDS THEREOF, AND FOR OTHER
PURPOSES

Section 1. Title.

Section 2. Declaration of Principles and Policies.

Section 3. Definition of Terms and Acronyms. To which the following was added:
Heritage The full range of our inherited traditions, monuments, objects, and culture.
Most important, it is the range of contemporary activities, meanings, and
behaviors that we draw from them. Heritage includes, but is much more
than preserving, excavating, displaying, or restoring a collection of old
things

Section 4. Creation of the Davao City Office of Culture and the Arts.

Section 5. Powers, Duties and Functions of the Office of Culture and the Arts
as a Division under the Office of the City Mayor.

Section 6. Duties and Functions of the Sections.

Section 7. Creation of Regular Positions in the Office of Culture and the Arts.

Section 8. Appointment and Qualifications of Plantilla Positions.

Section 9. Duties and Functions of Regular Positions.

 Section 10. Human Resource Complement.

Section 11. Creation of the Davao City Culture and Arts Council.

Section 12. Composition of the Davao City Culture and Arts Council.

The composition of the Davao City Culture and Arts Council as mandated by City
Ordinance No. 0914-04 are as follows:

Chairperson : City Mayor or his duly appointed Representative

Members : Chairperson, Sangguniang Panlungsod Committee on
Education, Science and Technology, and Arts and Culture
Chairperson, Sangguniang Panlungsod Committee on
Tourism and Beautification
Head, Museo Dabawenyo
City Planning and Development Officer
City Information Officer
City Budget Officer
City Tourism Officer
Representative, Department of Education (DepEd Division of
Davao City)
Representative, Commission on Higher Education-XI (CHED)
Representative, Technical Education and Skills Development
Authority XI (TESDA)
Representative, Philippine Information Agency-XI (PIA)
Representative, Tourism Council of Davao City
Representative, Davao Historical Society
Representative, Local Museums
Representative, Local Artists Groups
Representative, Business Sector or Chamber of Commerce
Representative, Professional Sector
Representative, Academe
Representative, Youth Sector
Indigenous Peoples Mandatory Representative (IPMR) to the
Sangguniang Panlungsod
Representative, National Commission for Culture and the
Arts (NCCA)

To be more inclusive and comprehensive, the following disciplines and fields shall
be represented in the Council:

(a) Archives (h) Architecture and Allied Arts

(b) Art Galleries (i) Film
(c) Historical Research (j) Dance
(d) Libraries and Information Services. (k) Theater Arts
(e) Museums (l) Literary Arts
(f) Cultural Education (m) Visual Arts
(g) Cultural Communities (n) Music

The Davao City Office for Culture and the Arts shall serve as the Secretariat of
the Council.

Section 13. Creation of Barangay Culture and Arts Council. To ensure the
broadest participation possible and to promote Barangay empowerment in culture and
arts development, the Barangay Culture and Arts Council (BCAC) in all barangays in
Davao City shall be created.

The BCAC shall be composed of government and private sector representatives

with 40 percent coming from the government and 60 percent from the private sector.

The membership to the council shall be chosen collectively through a resolution

of the Barangay Council and appointed by the Barangay Chair. A Barangay Committee
on Culture and Arts shall likewise be created and a SK Chairperson to head it shall be
designated by the Barangay Council.

The officers shall be elected by and among the members of the Council and they
will be as follows:

Chair Barangay Chair

Co-Chair SK Chairperson, Chair for Culture and the Arts
Secretary To be elected
Treasurer To be elected
Members Representative from the Arts Community
Representative from the Cultural Workers Community
Representative from the Academe
Representative from the Business Sector
Representative from Indigenous Community
Other Representatives as decided by the Barangay Council

The Chair shall seat in such capacity for the duration of his/her term as Barangay
Chair and the rest of the members shall hold office co-terminous with the tenure of the
Chair.

The main functions of the BCAC shall be as follows:

(a) Identify historical and cultural heritage sites, landmarks, monuments, and
other cultural properties within the barangay;

(b) Undertake steps to promote and preserve the identified cultural heritage
sites;

(c) Create a directory of artists, artisans, and cultural workers residing in their
barangay;

(d) Develop plans and programs that will promote culture and the arts in their
barangay;

(e) Implement the Davao City Culture and Arts Program approved by the City
Mayor in their barangay.

Section 14. The City Endowment Fund for Culture and the Arts. A City
Endowment Fund for Culture and the Arts (the Fund) is hereby established exclusively
for Davao culture and arts programs, projects, and activities all over the city.

The private portion of the fund shall be raised from donations and other
conveyances including funds, materials, property, and services by gratuitous title.
Contribution to the fund shall be deductible for tax purposes.
 No portion of the Fund shall be used for administrative and operational expenses
of the Office of Culture and the Arts. All funds appropriated and raised under the
Endowment Fund must go to programs, projects, activities, and grants to artists and
cultural workers.

Section 15. Appropriation. The City shall appropriate Ten Million Pesos
(Php10,000,000.00) for the first-year operation of the Davao City Office of the Culture
and Arts and subsequent annual budget subject to the accounting rules and regulations.

Section 16. Repealing Clause.

Section 17. Separability Clause.

Section 18. Effectivity.”

The motion of Councilor Braga, duly seconded by Councilors L.B. Villafuerte,

Campos III, J.M. Bonguyan and L.J. Bonguyan; co-sponsored by Councilors Mahipus,
Marohomsalic, Militar, Advincula, L.B. Villafuerte, Campos III, J.M. Bonguyan and L.J.
Bonguyan, for the approval of the Ordinance was carried, hence, the Ordinance was
approved on Second Reading.

After the approval of the Ordinance, Councilor Braga expressed her appreciation
of the guidance of co-author Councilor Alejandre, since he used to be the Executive
Director of the National Commission on Culture and Arts. On the other hand, Councilor
Alejandre signified his co-authorship of the Ordinance, which was duly noted.

At this point, the status of Councilor Augusto Javier G. Campos III, who
arrived at 1:20 pm, was changed from absent to present.

COUNCILOR AUGUSTO JAVIER G. CAMPOS III

Item No. 1012

Being the Chairperson of the Committee on Housing, Rural and Urban

Development under Socialized Housing Projects, Councilor Campos III discussed Item
No. 1012 which pertains to the request of Rodolfo P. Borja for a written consent and
authority to transfer ownership of a 147 sq. m. property located at Lot 4, Block 96,
New Matina Sites and Services, this City.

Considering that the annotation in the title had already lapsed and the City
Planning and Development Office and Zoning Enforcement Division found the applicant
to be a qualified project beneficiary of the City Government, and that the City Legal
Officer found no legal infirmity in the request, the committee recommended the
approval of such request. Councilor Campos III then presented a motion, duly
seconded by Councilors L.B. Villafuerte, W.E. Al-ag, L’Dalodo-Ortiz, Alejandre, J.M.
Bonguyan, Advincula, and Braga, for the approval and adoption of the Committee
Report, hence, the committee report was approved and adopted
The succeeding motion presented by Councilor Campos III, duly seconded by
Councilors Braga, J.M. Bonguyan, L.B. Villafuerte, L. Bonguyan, L’Dalodo-Ortiz, Militar,
Advincula and W.E. Al-ag, for the approval of the Resolution below was also carried:
 Resolution No. 01756-23 ENACTING AN ORDINANCE GRANTING
LEGISLATIVE AUTHORITY TO THE CITY
MAYOR TO ALLOW THE REQUEST OF
RODOLFO P. BORJA FOR A WRITTEN
CONSENT AND AUTHORITY TO TRANSFER
OWNERSHIP OF A 147 SQ. M. PROPERTY
LOCATED AT LOT 4, BLOCK 96, NEW
MATINA SITES AND SERVICES, THIS CITY

The proponent presented the next motion, duly seconded by Councilors Braga,
J.M. Bonguyan, Advincula, Braga, and L’Dalodo-Ortiz, for the approval of the
corresponding Ordinance on Second Reading.

Item No. 1124

For the next item, Councilor Campos III presented Item No. 1124 relative to the
request from Leonor F. Evasco, Attorney-in-fact of Pilar Borang, lot owner, for land use
conversion of a parcel of land containing an area of 3,330 sq. meters, more or less,
located in Barangay Wines, Baguio District, this City.

According to the Committee Chairperson, Ms. Leonor Evasco manifested to the

committee that she wanted to subdivide the 3,330 square meters property amongst her
children. However, the representative of the Department of Agrarian Reform (DAR)
informed them that, if the parcel of land is 1,000 square meters below, it should pass
through for a reclassification of the City because the request for conversion can be
processed if the zone of the property per Zoning Ordinance of the City is residential.
Currently, the zone of the property of the applicant is Agricultural Zone. Furthermore,
Ms. Lora said that, currently, the City will not accept reclassification because of the
implementation of the new CLUP. After stating that the committee recommended to
close the item, the proponent presented a motion, duly seconded by Councilors J.M.
Bonguyan and Braga, for the approval and adoption of the Committee Report.

Consequently, Councilor Campos III presented a motion, duly seconded by

Councilors Zozobrado III, Braga, and J.M. Bonguyan, for the approval of the following
Resolution:

Resolution No. 01757-23 CLOSING ITEM NO. 1124 RE: REQUEST

FROM LEONOR F. EVASCO, ATTORNEY-IN-
FACT OF PILAR BORANG, LOT OWNER, FOR
LAND USE CONVERSION OF A PARCEL OF
LAND CONTAINING AN AREA OF 3,330 SQ.
METERS, MORE OR LESS, LOCATED IN
BARANGAY WINES, BAGUIO DISTRICT,
DAVAO CITY, WITHOUT PREJUDICE TO THE
REAPPLICATION TO BE FILED BY THE
APPLICANT

COUNCILOR JESSICA M. BONGUYAN

Item Nos. 1231, 1232, 1233, 1230, 1238 and 1239

 Duly recognized in order to present several items under the Committee on
Games and Amusements, Councilor J.M. Bonguyan first presented the consolidated
Committee Report of the following items:

Item No. Title

1231 Request of Atty. Kemuel Rey D. Salmite, Counsel of Romeo M.
Baquirel, owner of RB Fours Complex Arena, for a Special Permit to
conduct a 3-Stag Derby on December 16, 2023, to be held at RB
Fours Complex Cockpit Arena, Ilang, Bunawan, this City, for the
entertainment of tourists
1232 Request of Atty. Kemuel Rey D. Salmite, Counsel of Romeo M.
Baquirel, owner of RB Fours Complex Arena, for a Special Permit to
conduct a 6-Stag Derby on December 20, 2023, to be held at RB
Fours Complex Cockpit Arena, Ilang, Bunawan, this City, for the
entertainment of tourists
1233 Request of Atty. Kemuel Rey D. Salmite, Counsel of Romeo M.
Baquirel, owner of RB Fours Complex Arena, for a Special Permit to
conduct a 4-Stag Derby on December 28, 2023, to be held at RB
Fours Complex Cockpit Arena, Ilang, Bunawan, this City, for the
entertainment of tourists
1230 Request of Atty. Kemuel Rey D. Salmite, Counsel of Romeo M.
Baquirel, owner of RB Fours Complex Arena, for a Special Permit to
conduct a 5-Stag Derby on December 9, 2023, to be held at RB
Fours Complex Cockpit Arena, Ilang, Bunawan, this City, for the
entertainment of tourists
1238 Request of Atty. Kemuel Rey D. Salmite, Counsel of Romeo M.
Baquirel, owner of RB Fours Complex Arena, for a Special Permit to
conduct a 3-Stag Derby on December 02, 2023, for the
entertainment of tourists in the City of Davao
1239 Request of Atty. Kemuel Rey D. Salmite, Counsel of Romeo M.
Baquirel, owner of RB Fours Complex Arena, for a Special Permit to
conduct a 4-Stag Derby on December 08, 2023, for the
entertainment of tourists in the City of Davao

As reported by Councilor J.M. Bonguyan, Atty. Kemuel Rey D. Salmite, also

manifested during the committee hearing that for Item No. 1231, instead of 3-stag derby,
the same be changed to 4-stag derby, which the Chairperson approved. Moreover, it
was established that the applications of RB Fours Complex Arena is in order and
proper, thus, the committee recommended to grant the request.

Councilors W.E. Al-ag, Alejandre, Abellera Jr., Advincula, Campos, and L.J.
Bonguyan duly seconded the motion presented by the proponent for the approval
and adoption of the committee report. Thereafter, Councilor J.M. Bonguyan
presented a single motion but in as many Resolutions needed, duly seconded by
Councilors W.E. Al-ag, Alejandre, L. Bonguyan, Advincula, Abellera Jr. and Campos
III, for the approval of the following legislative measures:

Resolution No. 01758-23 APPROVING THE REQUEST OF REQUEST OF

MR. ROMEO M. BAQUIREL, OWNER OF RB
FOURS COMPLEX COCKPIT ARENA,
REPRESENTED BY ATTY. KEMUEL REY
SALMITE, FOR A SPECIAL PERMIT TO
CONDUCT A 4-STAG DERBY ON DECEMBER
16, 2023, FOR THE ENTERTAINMENT OF
 TOURISTS IN THE CITY OF DAVAO, TO BE
HELD AT RB FOURS COMPLEX COCKPIT
ARENA, LOCATED AT PUROK 2B, BARANGAY
ILANG, BUNAWAN DISTRICT, THIS CITY

Resolution No. 01759-23 APPROVING THE REQUEST OF REQUEST OF

MR. ROMEO M. BAQUIREL, OWNER OF RB
FOURS COMPLEX COCKPIT ARENA,
REPRESENTED BY ATTY. KEMUEL REY
SALMITE, FOR A SPECIAL PERMIT TO
CONDUCT A 6-STAG DERBY ON DECEMBER
20, 2023, FOR THE ENTERTAINMENT OF
TOURISTS IN THE CITY OF DAVAO, TO BE
HELD AT RB FOURS COMPLEX COCKPIT
ARENA, LOCATED AT PUROK 2B, BARANGAY
ILANG, BUNAWAN DISTRICT, THIS CITY

Resolution No. 01760-23 APPROVING THE REQUEST OF MR. ROMEO

M. BAQUIREL, OWNER OF RB FOURS
COMPLEX COCKPIT ARENA, REPRESENTED
BY ATTY. KEMUEL REY SALMITE, FOR A
SPECIAL PERMIT TO CONDUCT A 4-STAG
DERBY ON DECEMBER 28, 2023, FOR THE
ENTERTAINMENT OF TOURISTS IN THE
CITY OF DAVAO, TO BE HELD AT RB FOURS
COMPLEX COCKPIT ARENA, LOCATED AT
PUROK 2B, BARANGAY ILANG, BUNAWAN
DISTRICT, THIS CITY”(delete close
quotation)

Resolution No. 01761-23 APPROVING THE REQUEST OF MR. ROMEO

M. BAQUIREL, OWNER OF RB FOURS
COMPLEX COCKPIT ARENA, REPRESENTED
BY ATTY. KEMUEL REY SALMITE, FOR A
SPECIAL PERMIT TO CONDUCT A 5-STAG
DERBY ON DECEMBER 5, 2023, FOR THE
ENTERTAINMENT OF TOURISTS IN THE
CITY OF DAVAO, TO BE HELD AT RB FOURS
COMPLEX COCKPIT ARENA, LOCATED AT
PUROK 2B, BARANGAY ILANG, BUNAWAN
DISTRICT, THIS CITY”

Resolution No. 01762-23 APPROVING THE REQUEST OF MR. ROMEO

M. BAQUIREL, OWNER OF RB FOURS
COMPLEX COCKPIT ARENA, REPRESENTED
BY ATTY. KEMUEL REY SALMITE, FOR A
SPECIAL PERMIT TO CONDUCT A 3-STAG
DERBY ON DECEMBER 2, 2023, FOR THE
ENTERTAINMENT OF TOURISTS IN THE
CITY OF DAVAO, TO BE HELD AT RB FOURS
COMPLEX COCKPIT ARENA, LOCATED AT
PUROK 2B, BARANGAY ILANG, BUNAWAN
DISTRICT, THIS CITY”
 Resolution No. 01763-23 APPROVING THE REQUEST OF MR. ROMEO
M. BAQUIREL, OWNER OF RB FOURS
COMPLEX COCKPIT ARENA, REPRESENTED
BY ATTY. KEMUEL REY SALMITE, FOR A
SPECIAL PERMIT TO CONDUCT A 4-STAG
DERBY ON DECEMBER 8, 2023, FOR THE
ENTERTAINMENT OF TOURISTS IN THE
CITY OF DAVAO, TO BE HELD AT RB FOURS
COMPLEX COCKPIT ARENA, LOCATED AT
PUROK 2B, BARANGAY ILANG, BUNAWAN
DISTRICT, THIS CITY

Item Nos. 1216, 1234 and 1240

Next, Councilor J.M. Bonguyan discussed the consolidated Committee Report of

the following items:

Item No. Title

1216 Request of Abdullah C. Aquino, Owner-Operator of Aquino Coliseum
Gallera, for a Special Permit to conduct a 1-Cock Derby on December 1,
2023, to be held at Aquino Coliseum Gallera, J. P. Cabaguio Avenue,
Davao City, for the entertainment of tourists in Davao City
1234 Request of Abdullah C. Aquino, Owner-Operator of Aquino Coliseum
Gallera, for a Special Permit to conduct a 4-Stag Derby on December
29, 2023, to be held at Aquino Coliseum Gallera, J. P. Cabaguio Avenue,
Davao City, for the entertainment of tourists in Davao City
1240 Request of Abdullah C. Aquino, Owner-Operator of Aquino Coliseum
Gallera, for a Special Permit to conduct a 3-Stag Derby on December
11, 2023, to be held at Aquino Coliseum Gallera, J. P. Cabaguio Avenue,
Davao City, for the entertainment of tourists in Davao City

After stating the favorable recommendation to the application, the proponent

presented a motion, duly seconded by Councilors W.E. Al-ag, Alejandre, Campos,
Advincula, Abellera Jr. and L.J. Bonguyan, for the approval and adoption of the
consolidated Committee Report. Following the approval and adoption of the
consolidated Committee Report, Councilor J.M. Bonguyan presented a single motion but
in as many Resolutions necessary, duly seconded by Councilors W.E. Al-ag, Zozobrado,
Abellera, Campos, and L.J. Bonguyan, for the approval of the Resolutions listed below:

Resolution No. 01764-23 APPROVING THE REQUEST OF MR.

ABDULLAH C. AQUINO, OWNER-OPERATOR
OF AQUINO COLISEUM GALLERA, FOR A
SPECIAL PERMIT TO CONDUCT A 5-COCK
DERBY ON DECEMBER 01, 2023 FOR THE
ENTERTAINMENT OF TOURISTS IN DAVAO
CITY, TO BE HELD AT AQUINO COLISEUM
GALLERA, J.P. CABAGUIO AVENUE, DAVAO
CITY

Resolution No. 01765-23 APPROVING THE REQUEST OF MR.

ABDULLAH C. AQUINO, OWNER-OPERATOR
OF AQUINO COLISEUM GALLERA, FOR A
SPECIAL PERMIT TO CONDUCT A 4-STAG
DERBY ON DECEMBER 29, 2023 AS PART
OF THE WPC 10 STAG NATIONAL DERBY
 FOR THE ENTERTAINMENT OF TOURISTS
IN DAVAO CITY, TO BE HELD AT AQUINO
COLISEUM GALLERA, J.P. CABAGUIO
AVENUE, DAVAO CITY

Resolution No. 01766-23 APPROVING THE REQUEST OF REQUEST OF

MR. ABDULLAH C. AQUINO, OWNER-
OPERATOR OF AQUINO COLISEUM
GALLERA, FOR A SPECIAL PERMIT TO
CONDUCT A 3-STAG DERBY ON DECEMBER
11, 2023 FOR THE ENTERTAINMENT OF
TOURISTS IN DAVAO CITY, TO BE HELD AT
AQUINO COLISEUM GALLERA, J.P.
CABAGUIO AVENUE, DAVAO CITY

Considering that all the items under the agenda have been tackled, FL Zozobrado
III presented a motion, duly seconded by Councilors Marohomsalic, L’Dalodo-Ortiz, L.
Bonguyan, and Campos III, to suspend the Rules of the Sanggunian so the Body can
take up other matters.

SUSPENDED RULES
(1:56 PM)

COUNCILOR JAFFAR U. MAROHOMSALIC

In behalf of Councilor Baluran, Councilor Marohomsalic presented two (2) items

which were certified as urgent by the Presiding Officer. He moved for the approval of
the Resolution hereunder, which was duly seconded by Councilors W.E. Al-ag and L.B.
Villafuerte: (please check final reso with Ray Serra for seconders)

Resolution No. 01767-23 ENACTING AN ORDINANCE FOR THE

TEMPORARY CLOSURE OF ROAD TO
VEHICULAR TRAFFIC ALONG SM ANNEX
PARKING AREA AS STARTING POINT –
TULIP DRIVE TURN RIGHT GOING TO
TIMES BEACH – CROSSING ECOLAND
DRIVE – COASTAL ROAD ROTUNDA THEN
LEFT TURN GOING TO SEGMENT B OF
COASTAL ROAD AREA- TIMES BEACH TO
ROXAS AVENUE – BACK TO ANNEX
PARKING AREA AS END ROUTE ON
NOVEMBER 19, 2023 FROM 4 AM TO 8 AM
IN CONNECTION WITH THE ACTIVITY OF
COUPLES FOR CHRIST ENTITLED, “ANCOP
GLOBAL WALK FOR SCHOLARS”
The subsequent motion for the approval of the corresponding Ordinance was
duly seconded by Councilors W.E. Al-ag, L. Bonguyan, and Advincula, hence, the
following was approved:

Ordinance No. 0328-23 AN ORDINANCE FOR THE TEMPORARY

CLOSURE OF ROAD TO VEHICULAR
TRAFFIC ALONG SM ANNEX PARKING AREA
AS STARTING POINT – TULIP DRIVE TURN
RIGHT GOING TO TIMES BEACH –
 CROSSING ECOLAND DRIVE – COASTAL
ROAD ROTUNDA THEN LEFT TURN GOING
TO SEGMENT B OF COASTAL ROAD AREA-
TIMES BEACH TO ROXAS AVENUE – BACK
TO ANNEX PARKING AREA AS END ROUTE
ON NOVEMBER 19, 2023 FROM 4 AM TO 8
AM IN CONNECTION WITH THE ACTIVITY
OF COUPLES FOR CHRIST ENTITLED,
“ANCOP GLOBAL WALK FOR SCHOLARS”

At the question of PO Quitain Jr. on whether the City Traffic and Transport
Management Office (CTTMO) was already informed regarding the road closure,
Councilor Marohomsalic explained that CTTMO will be furnished a copy of the same as
stated in the Resolution. Furthermore, Councilor Baluran already referred the same to
the appropriate offices.

For the next item, Councilor Marohomsalic presented a motion, duly seconded by
Councilors Mande, Militar and Mahipus, to approve the Resolution entitled: (please
check final reso with Ray Serra for seconders)

Resolution No. 01768-23 ENACTING AN ORDINANCE FOR THE

TEMPORARY CLOSURE OF ROAD TO
VEHICULAR TRAFFIC ALONG J. PALMA GIL
STREET CORNER C. BANGOY STREET AND
J. PALMA GIL STREET CORNER PELAYO
STREET ON NOVEMBER 19, 2023 FROM
4 AM TO 9 AM IN CONNECTION WITH THE
CITY TRANSPORT AND TRAFFIC
MANAGEMENT OFFICE (CTTMO) 1ST
ANNIVERSARY FUN RUN

Immediately after the approval of the aforementioned Resolution, Councilor

Marohomsalic moved for the approval of the Ordinance below which was duly seconded
by Councilor Braga:

Ordinance No. 0328-23 AN ORDINANCE FOR THE TEMPORARY

CLOSURE OF ROAD TO VEHICULAR
TRAFFIC ALONG J. PALMA GIL STREET
CORNER C. BANGOY STREET AND J. PALMA
GIL STREET CORNER PELAYO STREET ON
NOVEMBER 19, 2023 FROM 4 AM TO 9 AM
IN CONNECTION WITH THE CITY
TRANSPORT AND TRAFFIC MANAGEMENT
OFFICE (CTTMO) 1ST ANNIVERSARY FUN
RUN

COUNCILOR JESUS JOSEPH P. ZOZOBRADO III

On motion of Councilor Zozobrado III, duly seconded by Councilors Advincula,

Mande, Braga, and Alejandre, the Resolution listed below was approved:

Resolution No. 01769-23 ENACTING AN ORDINANCE AUTHORIZING

THE CITY MAYOR TO ENTER INTO AND
SIGN, FOR AND IN BEHALF OF THE CITY OF
 DAVAO, THE DEED OF DONATION AND THE
CERTIFICATE OF ACCEPTANCE BY AND
BETWEEN THE FOOD TERMINAL INC. (FTI)
AND THE CITY OF DAVAO RELATIVE TO
THE DONATION OF FOUR (4) UNITS OF
REFRIGERATED CONTAINER VANS (RCVS)
FROM THE FORMER TO THE LATTER FOR
THE OPERATION OF THE DAVAO FOOD
TERMINAL COMPLEX (DFTC)

Later, he presented a motion, duly seconded by Councilors L.J. Bonguyan,

Advincula, Braga, and L’Dalodo-Ortiz, for the approval of the Ordinance as follows:

Ordinance No. 0329-23 AN ORDINANCE AUTHORIZING THE CITY

MAYOR TO ENTER INTO AND SIGN, FOR
AND IN BEHALF OF THE CITY OF DAVAO,
THE DEED OF DONATION AND THE
CERTIFICATE OF ACCEPTANCE BY AND
BETWEEN THE FOOD TERMINAL INC. (FTI)
AND THE CITY OF DAVAO RELATIVE TO
THE DONATION OF FOUR (4) UNITS OF
REFRIGERATED CONTAINER VANS (RCVS)
FROM THE FORMER TO THE LATTER FOR
THE OPERATION OF THE DAVAO FOOD
TERMINAL COMPLEX (DFTC)

PRIVILEGE HOUR

COUNCILOR DIOSDADO ANGELO JUNIOR R. MAHIPUS

Highlighting the City's ease of doing business policy, Councilor Mahipus, in close
coordination with the executive offices, proposed to revisit the City’s policies in relation
to such programs and to urgently pass a measure entitled, “ AN ORDINANCE
GRANTING AMNESTY FOR LOCATIONAL CLEARANCE, PENALTIES FOR EXISTING
ESTABLISHMENTS, BUILDING STRUCTURES, DEVELOPMENTS ANS ACTIVITIES WITHIN
THE CORRECT ZONE”.

Positing that ease of doing business in the city is in the forefront of the
advocacies of the City Mayor, Councilor Mahipus recognized businesses as catalysts
for development, as it provides livelihood and employment opportunities for the
people of our City. He, however, opined that business activities, albeit promoted, are
also regulated in order to make sure that developments are sustainable and the general
welfare of the public is safeguarded. For example, all cities require businesses to
secure a business permit and this January 2024, will be the time to renew business
permits and usually also the time for applicants to register their new business.

Under existing Ordinances, concomitant to securing a business permit is the

need to secure locational clearances before they start development activities. The
failure to secure the clearances before development would mean an administrative
penalty which they need to pay before the issuance of the locational clearance and no
locational clearance means no permits.
 This has been the rule since the enforcement of the City's Zoning Ordinance thus
there are unregistered businesses up to now that are due for non-payment of the
administrative penalties. The City must find ways to address this situation especially
when the businesses and/or developments are already within the right zone.

In conclusion, Councilor Mahipus presented a motion, duly seconded by

Councilors Advincula, Braga, Militar, Mande, L.B. Villafuerte, J. Bonguyan, Alejandre, and
W.E. Al-ag, to consider his privilege speech to have been read and passed under First
Reading and referred to the Committee on Finance, Ways and Means, and
Appropriations. (Docketed as Item No. 1257)

COUNCILOR MARISSA S. ABELLA

Acknowledging the importance of rice as the "staple of staples" for Filipinos,

Councilor Abella observed that rice holds a special place in the hearts and on the
tables of millions of Filipinos. It is not just a food item, but a symbol of sustenance
and shared heritage. Yet, regrettably, a significant amount of rice goes to waste every
day.

She shared that in 2013, former Senator Ferdinand "Bongbong" Marcos Jr. filed
Senate Bill 1863, or the "Anti-Rice Wastage Act of 2013," seeking to impose fines on
establishments that refuse to serve half-cup rice orders. However, the bill was not
passed into law. Dr. Karen Eloisa Barroga, the Deputy Executive Director of
Department of Agriculture – Philippine Rice Research Institute (DA-PhilRice), said in
an interview that PhilRice is pushing for the revival of the said bill and maybe have
another senate bill for that half-cup of rice. The purpose of pushing for the passage
of the said bill is to address the issue of food wastage, to give awareness on food
shortage, and to help the farmers increase their income.

According to DA-PhilRice, at present, 10 grams of rice per person per year,

which is equivalent to about P7.2 billion worth of rice is wasted in the Philippines
every year.

As additional information, Councilor Abella informed her colleagues that the City
already has an Ordinance requiring the food service industry within the City to include
½ cup of cooked rice in their menu and providing penalties therefore, This is
otherwise known as “The Davao City Rice Conservation Ordinance.”

In a nation where rice is more than just food but a cultural identity, it is
disheartening to witness the scale of rice wastage that occurs throughout our country.
The time has come for us to address this issue head-on, to recognize the
consequences of these issues, and to take meaningful steps toward a more
sustainable and responsible approach to rice consumption.

To show support to the enactment of a law mandating all food establishments,

from humble carinderias to upscale restaurants, to include half a cup of rice as a
standard offering in their menus, Councilor Abella presented a motion, duly seconded
by Councilor Campos III, for the approval of the following Resolution:

Resolution No. 01770-23 SUPPORTING THE ENACTMENT OF A LAW

MANDATING THE SERVING OF HALF-CUP
RICE IN ALL FOOD ESTABLISHMENTS
 COUNCILOR AL RYAN S. ALEJANDRE

Expressing concern over the seamless mobility of the City’s residents and
visitors alike, Councilor Alejandre observed that there is a need to increase the
number of slots for Transportation Network Vehicle Service (TNVS) in the City.

As Davao City is experiencing an unprecedented surge in tourism, Councilor

Alejandre was of the opinion that the city, with its natural beauty, warm hospitality,
and diverse cultural offerings, has become a destination of choice for tourists,
business travelers, and participants in various events such as the MICE Convention,
the Ironman Triathlon, and other noteworthy conventions hosted in the City.

He added that the influx of visitors is indeed a testament to the success of

tourism initiatives, but it also poses a challenge—one that must be met with foresight
and adaptability. The current allocation of two hundred (200) TNVS slots, as provided
by the Land Transportation Franchising and Regulatory Board (LTFRB), while a
commendable start, is insufficient to meet the growing demand spurred by
numerous events and the increasing number of tourists visiting the City. As TNVS has
proven itself to be a safe, reliable, and efficient mode of transportation, the same not
only contributes to the ease of commuting but also plays a pivotal role in ensuring the
safety and convenience of our growing number of visitors. He added that it aligns
perfectly with the City’s commitment to innovation and modernity as the convenience
it brings to commuters cannot be overstated. As the City strives to be more
accessible and welcoming, it becomes crucial to adapt transportation to these
innovative and modern changes.
 In embracing the innovation and progress that TNVS represents, the City must
demonstrate its commitment to adapt to its evolving needs. It is an essential step
forward in ensuring that the momentum of the tourism industry remains robust and
sustainable.

In view of his proposal to collaboratively work towards increasing the number of

TNVS slots in the City, Councilor Alejandre presented a motion, duly seconded by
Councilors J.M. Bonguyan, Abella, Braga, L.B. Villafuerte and L’Dalodo-Ortiz, to consider
his privilege speech to have been read and passed under First Reading and referred to
the jointly to the Committees on Transportation and Communications, and Tourism and
Beautification. (Docketed as Item No. 1258)

COUNCILOR JESSICA M. BONGUYAN

Bringing to the attention of the Body the recent flooding in the City, Councilor
J.M. Bonguyan noted the concern is not only limited to the southern part of Davao, but
also extends to all flood-prone areas in the City. The heavy rain that took place in the
late evening of November 8, 2023 that resulted to flooding until November 9, 2023 had
affected greatly several barangays. In fact, the City Social Welfare and Development
Office (CSWDO) recorded that a total of nineteen thousand ninety-nine (19,099)
affected families with forty-three thousand two hundred seventy-two (43,272) total
number of dependents.

Councilor J.M. Bonguyan expressed her heartfelt gratitude to all our rescuers
who risked their lives, CSWDO and to all volunteers from private sectors and different
organizations who extended their assistance.

In an effort to resolve the flooding problem, Councilor J.M. Bonguyan requested

the attention of the Department of Public Works and Highways (DPWH) to present to
the City Council the ongoing or pending projects related to the drainage system and
flood mitigating measures in the flood-prone areas of the City. Moreover, she also
requested the City Engineer's Office (CEO) to investigate the possible causes of this
recent flooding, as some areas affected were unexpected. There have also been
reports suggesting that blockages caused by foot bridges may have contributed to the
severity of the situation.

In view of the foregoing, she presented a motion, duly seconded by Councilors

Braga, L.B. Villafuerte, Abella and Advincula, to consider her privilege speech to have
been read and passed under First Reading and referred jointly to the Committees on
Peace and Public Safety, and Public Works and Highways. (Docketed as Item No.
1259)

The Presiding Officer then took a moment to congratulate Councilors Pilar C.

Braga and Al Ryan S. Alejandre for the passage of the Arts and Culture Office
Ordinance, especially as it was passed during the term of Mayor Sebastian Z. Duterte.

The Vice Mayor also took the opportunity to make the following announcements:
the tentative date for the voluntary HIV testing is on December 1, 2023; Christmas
Decorations Contest amongst the offices in the Sangguniang Panlungsod Building and
that the mechanics and rules have been distributed to the offices already.

FL Zozobrado III thereafter announced that the regular sessions for the month of
December will be held on: December 1, 4, 11 and 14, 2023.
 Councilor Alejandre also informed the Body that the opening of Pasko Fiesta will
be on November 28, 2023.

As there were no more items to be discussed, FL Zozobrado III presented a

motion to adjourn, duly seconded by Councilors L.B. Villafuerte, Braga, Campos, J.M.
Bonguyan and Abella. Accordingly, the session was adjourned at 2:30 in the
afternoon.

-o0o-

I HEREBY CERTIFY TO THE CORRECTNESS OF THE FOREGOING MINUTES

HANNAH CRIS A. ECHAVEZ

Local Legislative Staff Officer V

NOTED:

For and in behalf of the Secretary:

MA. THERESA A. REYES

Assistant Secretary to the Sangguniang Panlungsod
(City Government Asst. Department Head II)

mtar/hce November 14, 2023/42nd Regular Session of the 20th Sangguniang Panlungsod Page 27 of 28
CONFORME:

NAME SIGNATURE
Vice Mayor J. Melchor B. Quitain Jr.
Councilor Marissa S. Abella
Councilor Nilo M. Abellera Jr.
Councilor Luna Maria Dominique S. Acosta
Councilor Bai Hundra Cassandra Dominique N. Advincula
Councilor Bernard E. Al-ag
Councilor Wilberto E. Al-ag
Councilor Al Ryan S. Alejandre
Councilor Dante L. Apostol Sr.
Councilor Conrado C. Baluran
Councilor Jessica M. Bonguyan
Councilor Louie John J. Bonguyan
Councilor Pilar C. Braga
Councilor Augusto Javier G. Campos III
Councilor Jonard C. Dayap
Councilor Edgar P. Ibuyan Jr.
Councilor Edgar R. Ibuyan Sr.
Councilor Diosdado Angelo Junior R. Mahipus
Councilor Rodolfo M. Mande
Councilor Jaffar U. Marohomsalic
Councilor Bonz Andre A. Militar
Councilor Myrna G. L’Dalodo-Ortiz
Councilor Alberto T. Ungab
Councilor Lorenzo Benjamin D. Villafuerte
Councilor Trisha Ann J. Villafuerte
Councilor Jesus Joseph P. Zozobrado III

mtar/hce November 14, 2023/42nd Regular Session of the 20th Sangguniang Panlungsod Page 28 of 28