october 21, 2013 minutes

Republic of the Philippines 1 Region XII 2

Province of Cotabato 3 Municipality of Magpet 4

OFFICE OF THE SANGGUNIANG BAYAN 5 Minutes of the 13th regular session of the 8th Sangguniang Bayan of Magpet, Cotabato held at 6 the SB session hall on the 21st

8 day of October, 2013. 7

Present: 9 Hon. Efren F. Piñol - Vice-Mayor, Presiding Officer 10 Hon. Rogelio L. Marañon - SB Member 11 Hon. Hermana T. Talotalo - SB Member 12 Hon. Vicenta R. Yunting - SB Member 13 Hon. Jun L. Lobaton - SB Member 14 Hon. Marilyn B. Mamon - SB Member 15 Hon. Manuel M. Aboy,Jr. - SB Member 16 Hon. Godfrey V. Acupan - SB Member 17 Hon. Antonio P. Takinan - SB Member ( IP Representative ) 18 Hon. Nelson M. Labrador,Jr. - SB Member (SK President) 19 On Official Business: 20 Hon. Ramiel R. Apostol - SB Member 21 Absent: 22 Hon. Rogie C. Porras - SB Member (ABC President) 23 24

1. CALL TO ORDER 25 Hon. Vice-Mayor Efren F. Piñol, the Presiding Officer, called the session to order at 2 26 o’clock in the afternoon. 27

2. INVOCATION, NATIONAL ANTHEM & MAGPET HYMN 28 Hon. Councilor Lobaton led the invocation. The singing of the Natioal Anthem and 29 Magpet hymn followed. Afterwards, the councilors recited their councilor’s creed. 30

3. ROLL CALL OF MEMBERS 31 Nine members were present and two members were absent namely Hon. Councilor 32 Ramiel Apostol who was on official business and Hon. Rogie Porras who was on a 33 personal business. 34

4. AMENDMENT /APPROVAL OF AGENDA 35 In the amendment, Hon. Councilor Marañon moved to include in the question hour Mrs. 36 Magubat & Mrs. Dichoso, the incoming & outgoing Municipal Agrarian Reform Officer of 37 the Municipality of Magpet. The body unanimously approved the motion. 38 With no other amendments presented, Hon. Councilor Mamon moved for the adoption 39 of the agenda as amended. Hon. Councilor Lobaton seconded the motion. The body 40 unanimously approved the motion. 41

5. QUESTION HOUR 42 5.1. Mrs. Dichoso – Outgoing MARO & Mrs. Magubat – In-coming MARO. 43

Mrs. Dichoso was in attendance because she wanted to introduce the incoming 44 Municipal Agrarian Reform Officer. She also took the chance to express her 45 gratitude to LGU Magpet for all the support that was given to her during her 46 incumbency as MARO. She then introduced the in-coming MARO in the person of 47 Mrs. Magubat. The in-coming MARO introduced herself and expressed her 48 happiness in her new assignment as the new MARO of the Municipality of 49 Magpet. 50 At this juncture, Hon. Councilor Marañon moved to suspend the IRP in order to 51 pass a resolution commending the performance of Mrs. Dichoso as MARO of the 52 Municipality of Magpet for 9 years. Hon. Councilor Mamon seconded the 53 motion. The body unanimously approved the motion. 54 With no clarifications made, Hon. Councilor Marañon moved for the passage of 55 the said resolution. Hon. Councilor Mamon seconded the motion. Resolution no. 56 179-s-2013. 57

5.2. Engr. Haydie Julian – P200,000.00 / barangay fund granted by Hon. 58 Congressowaman Nancy Catamco to the 32 barangays of Magpet. 59 Engr. Julian was not able to attend the session because she was on official travel 60 to attend the CLUP seminar in Davao City. 61 62 63 64

EFREN F. PIÑOL 65 Vice-Mayor, Presiding Officer 66

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5.3. HON. HON. EVYLINDA B. BALIGUAT – Quarry operation at the Barangay site in 68 Barangay Binay, Magpet, Cotabato 69 At this juncture, Hon. Vice-Mayor Piñol relinquished his chairmanship to Hon. 70 Councilor Marañon because he wants to join the discussion. 71 Hon. Councilor Aboy delivered the opening statement. He stated that the 72 Barangay Officials of Barangay Binay were invited to attend the session because 73 the issue regarding the quarry operation in their barangay site needs to be 74 clarified. He stated that it is best to clarify the issues directly from the barangay 75 officials. 76 First to ask question was Hon. Vice-Mayor Piñol. He asked if the quarry site is within 77 the barangay site. 78 Barangay Chairman Baliguat answered that the quarry is legal and the site is 79 within the barangay site. 80 The next question asked by the Hon. Vice-Mayor was about the basis why there 81 was a quarry operation. 82 Barangay Chairman Baliguat answered that the quarry operation was approved 83 by the council because they wanted to have a bigger barangay site. The 84 clearing of the back portion of the barangay site needs heavy equipment. She 85 added that when they learned that the FFJJ construction needs earth fill, they 86 offered the back portion of the barangay site so that their wish to have a bigger 87 barangay site would be materialized. 88 The Hon. Vice-Mayor further asked if said operation was approved by the 89 council. The barangay chairman answered that it was approved by the council 90 and that there is a resolution approving the said operation. 91 The Hon. Vice-Mayor also asked if there is a memorandum of agreement. The 92 Barangay Chairman answered that there is. The Hon. Vice-Mayor further asked as 93 to what is the paper that the barangay chairman is holding. She answered that it 94 is the temporary quarry permit issued by the Provincial Government to the FFJJ 95 construction. 96 The Hon. Vice-Mayor read the content of the temporary permit and it is stated 97 there that the permit is valid only up to July 16, 2013. He asked why the operation 98 is still continuing even if the validity of the temporary permit already ended. He 99 then asked how much was the income of the barangay in this quarry operation. 100 The Barangay chairman answered that the one that is operating now is not the 101 FFJJ contractor, it is the contractor of the national high way who is doing a road 102 widening. She stressed that the barangay have nothing to do with the said 103 construction because the quarry materials no longer come from the back portion 104 of the barangay site but from the road itself. 105 The Presiding Officer reacted by stating that to his knowledge, there are two 106 quarry operations that are happening in the said area. One is that of the FFJJ 107 which is getting materials from the back portion of the barangay site and one is 108 that of the contractor of the national highway which is getting materials from the 109 road itself because they are doing road expansion. He added that from what he 110 understands, the barangay is no longer collecting toll fee because what would 111 serve as such is the clearing operation done by the FFJJ in the barangay site so 112 that they will have a bigger area considering that it is very expensive to rent 113 heavy equipment to do the job. 114 Hon. Vice-Mayor Piñol, addressing to the barangay chairman, stated that “You 115 want us to believe nga ang quarry libre”. 116 The Barangay Chairman answered “dili ni ingun nga libre, didto sila sa province 117 nag bayad.” 118 Hon. Vice-Mayor Piñol added that “boot pasabot libre ang yuta ug aggregates 119 gikan sa site sa barangay?” 120 The Barangay Chairman answered that “walay bayad kay diha man gihapun 121 gibutang sa barangay binay.” 122 Hon. Vice-Mayor Piñol reiterated his question “ libre ba o naay bayad?” 123 The Barangay Chairman answered that “ gilibre namo in exchange sa pag 124 patag sa barangay site”. 125 Hon. Vice-Mayor Piñol again asked “libre ba o naay bayad?” 126 The Barangay Chairman answered “libre” . 127 The Presiding Officer reacted that by stating that “ ako naay quarry permit. So 128 kung kinsa ang naay permit sya ang magpayad kung kinsay may magkuha diha. 129 Ang nahitabo diha sa barangay Binay, ang nagkuha ug permit ang contractor.” 130 Hon. Vice-Mayor Piñol stated that “we are not talking here of the quarry permit. 131 We are talking here kung gibayran mo o wala.” 132 133


The Barangay Chairman answered that “ libre na sya. Sa primero mag toll fee 136 unta mi. Pero dili sila kay kung mag toll fee daw mi nga naa naman mi porsyento 137 sa province, mangita nalang silag lain kay naa may naga operate within Binay. 138 Kay Kapitan Bansag nga within Binay . Then kay Pacete within Binay. So didto 139 nalang daw sila kay isa lang ang bayaran. 140 Hon. Vice-Mayor Piñol stated that he learned from his source who is also a 141 barangay official that the income of the quarry was used in the barangay fiesta. 142 The Barangay Chairman answered that it was not an income but a solicitation 143 for the barangay fiesta. 144 Hon. Vice-Mayor Piñol again asked if the said quarry is free or not. 145 Barangay Chairman Baliguat answered that it is free and that they have just 146 solicited an amount to be used for the fiesta. 147 Hon. Vice-Mayor Piñol asked if they have a list as to how many loads of quarry 148 materials were already extracted from the site. 149 The Barangay Chairman answered that they don’t have because they don’t 150 collect any toll fee. 151 Hon. Vice-Mayor Piñol stated that “ halimbawa naa koy ipakita sa imo nga 152 statement o sworn statement sa contractor nga naga ingun nga nag bayad sila 153 sa inyu.” 154 The Barangay Chairman answered that they are not denying that they received 155 an amount from FFJJ but such is a solicitation which was used for the fiesta. 156 Hon. Vice-Mayor Piñol asked said that “so inamin mo na may binayad ang 157 contractor.” 158 The Barangay Chairman answered that “ nakadawat lagi mi pero dili ingun nga 159 bayad but for solicitation.” 160 Hon. Vice-Mayor Piñol asked if they have sent a solicitation letter to the 161 contractor. 162 The Barangay Chairman answered that “nag solicit mi pero mali ang term. 163 Mismo ang contractor nag ingun nga dili ingun nga bayad sa amoa. Correction 164 lang man sya kay syempre barangay lang mi, may kamalian. That is solicitation 165 lang.” 166 Hon. Vice-Mayor Piñol asked as to how much was given to them by the 167 contractor. 168 The Barangay Chairman answered that they received a total of P40,000.00. One 169 half of which was received last year and the other half was given this year. 170 The Hon. Vice-Mayor further asked if it was recorded by the treasurer. 171 She answered that it was not recorded. 172 The Vice-Mayor further asked if they issued a receipt. 173 The Barangay Chairman answered that they have not issued a receipt.”Ang FFJJ 174 nag himo sa receipt nga nag ingun nga I receive the amount from FFJJ.” 175 The vice-Mayor asked if he can have a copy of the receipt. 176 The Barangay Chairman answered that she has no copy of the receipt. She 177 added that it is only the personnel of the FFJJ who has a copy so that they can 178 show it their bosses that they have given the amount to Barangay Binay. 179 The Vice-Mayor asked as to who received the amount. 180 The barangay Chairman answered that the first one was received by the 181 treasurer and she received the second one. 182 The Vice-Mayor asked if there is anything left of the amount. 183 The Barangay Chairman answered that all the money was spent for the fiesta. 184 The Vice-Mayor asked if this was transparently known by the people of the 185 barangay. The barangay chairman answered “yes”. 186 At this juncture, the Presiding Officer gave the floor to any barangay official 187 present who could also give statement regarding the issue. 188 Kagawad Vitudio rose to deliver his statement, “nagsugod ang quarry 2012. Ang 189 barangay wala nagpabayad kundi ang barangay nag solicit sa FFJJ 190 construction. Ang maong kwarta sa matag assembliya , automatic nga gina 191 financial report ngadto sa membro sa barangay” 192 The Vice-Mayor asked if the secretary has record on the assembly. 193 Kgd. Vitudio answered that “ang secretary, panahon sa assemble naay record. 194 Pero ang treasurer, dili naman siguro kinahanglan ug record kay solicit sya. Ang 195 dapat I record sa treasurer tong mga kwarta nga mag sulod sa panudlanan sa 196 barangay. Pero ang solicit, si kapitan kung maka solicit , sa among session 197 ginahatag nya ang impormasyon nga naka solicit.” 198 The Vice-Mayor asked “tagpila ang load?” 199 Kgd. Vitudio answered “wala kami gasukot.” 200

201 EFREN F. PIÑOL 202

Vice-Mayor, Presiding Officer 203

The following discussion is made part of this minutes in toto: 204 Vice-Mayor Piñol: “Wala kamoy recording?” 205 Kgd. Vitudio: “ Ang ginahimo lang igo lang pag solicit, kung pilay ihatag sa FFJJ.” 206 Vice-Mayor Piñol: “So basin pila lang” 207 Kgd. Vitudio: “Basta naga solicit kami, kung pila ilang ginahatag , indi siling nga 208 mag solicit kami sa imo Mr. contractor P50,000.00 wala, solicit sya e.” 209 Vice-Mayor Piñol: “So solicit lang, basig pila lang?” 210 Kgd. Vitudio: “O, mao man na gihapun diri sa Sangguniang Bayan, mag solicit 211 indi siling nga kagawad amo ni five thousand.” 212 Vice-Mayor Piñol:”Ngano naa may temporary receipt man lagi. Para asa ang 213 temporary receipt” 214 Kgd. Vitudio: “Pag receive lang ni kapitan sa paghatag sa contractor” 215 Vice-Mayor Piñol: “Ngano temporary receipt man, wala official receipt ang 216 barangay?” 217 Kgd. Vitudio: “Kung mohisgot tag official receipt, diba I audit na sa COA, kung I 218 audit sang COA, masulod sa panudlanan sa barangay”. 219 Vice-Mayor Piñol: ‘Kung solicit, ngano gitagaan ug recibo?” 220 Brgy. Chairman Baliguat: “ wala mi naghatag ug receipt, sila ang naghimo sa 221 temporary receipt, ang contractor.” 222 Presiding Officer: “Ang barangay man gud walay intention mag negosyo kay 223 ang nahitabo man gud diha, ang maong quarry para sa barangay gihapun. So 224 ang ilaha karon diha, in good faith, nga kung naa may ihatag ang contractor 225 pasalamat para magamit sa activity. Pero actually, government to government 226 ang trasaction. Di man pud pwede mag kolekta ang barangay kay wa man 227 silay quarry permit. Ang mo issue ug resibo diha ang naay quarry permit. So wala 228 gi negosyo na, para magamit sa government project gihapun.” 229 Vice-Mayor Piñol: I think Mr. Presiding Officer, walay element of business, ang 230 atong gusto mabal-an diri kung ang quarry lihitimo. Kini ba ni-agi sa proseso. 231 Niagi bas a session, niagi bas a assembleya. Recorded ba ang income. Ang atoa 232 diri gusto lang maklarohan basi usab sa taga Binay gihapun ang nagsulti. Dili 233 man taga Pigkawayan, taga Pikit ang naghatag impormasyon. We want to be 234 clarified.” 235 Councilor Mamon: “ Nakita nako nga ang intention sa barangay Binay ngano 236 nagpasulod sila ug ing-ana nga quarry because kinahanglan nilag daku daku 237 nga space sa ilahang barangay site. Basig unsaon natog gi-it kung naa ba silay 238 income sa ilahang part, nakita nako nga wal sila nagkuha ana , in return, ang 239 gusto lang nila, mahuman lang ang ilang gusto sa ilang barangay site.” 240 Kgd. Yunting: “ Akong nadungog kay Kapitan Baliguat, wala nila gibaligya ang 241 graba tungod gusto nila nga modaku ang ilang plaza sa loyo sa ilang mga 242 building . So okey lang sa ila mahurot ang kandos kung dili man pud basta basta 243 nga tawo lang mokandos kay pirting dakua man to nga buntod. So mao to 244 akong pag sabot. Gani nag hisgot ngano walay official receipt. Tinood ang 245 barangay naay official receipt. Tama pud to ang ingun ni Kagawad nga ug 246 relisan ug official receipt ang maong graba, dili man pud ingun nga gina 247 baligya ang maong graba. Wala man sila nag hisgot nga mabaligya. Ikaduha, 248 ug gamiton ang O.R., mobalik jud sa atong panudlanan. Kay sumala sa ilang 249 gika ingun, wala nila gibaligya ang maong graba. Kung dili nag solicit lang sila 250 during anniversary nila. Kung I baligya ninyo ang inyong graba, daku ug income 251 ang barangay Binay kay mahal baya ang graba.” 252 Councilor Aboy: “ang ato diri, ipa agi nato sa ingun ani para kami makabalo 253 mi unsay dalagan. Wala man kaha moy nakuha sa contractor, kundi solicit lang. 254 so atong tabangan unsay maayo. Ang pag pa adto sa inyo diri, nga dili kamo 255 malain. Usa ni nga tagaan pag tagad kay naa man pud gud mga sumbong. So 256 at least nabal-an namo sa inyo nga ing ana man diay ang dalagan. Wala man 257 nay problema. Buligan pa na nato na kung unsa ang kaayohan para maka 258 binipisyo ang katawhan. So siguro wala may mahimo nga bayrabay, solicitation 259 man lang. Kana sya, dili napud nato ma question. Kung ipa agi nato sa 260 barangay ang bayad sa contractor, dapat gyud unta naay record sa barangay 261 kung pila karon ang mo gawas. So kung ingun ana, kung wala man diay , so at 262 least nakabalo ta.” 263 Vice-Mayor Piñol: One last question, kanus-a ang last nga nag operate. Nag 264 kuha ug aggregates? 265 Brgy Chairman Baliguat: April 16 to July 16. 266 Vice-Mayor Piñol: Ang last nga karon na hakot nila. 267 268


271

Brgy. Chairman Baliguat: Wala na. Kung naa may naga hakot diha, that is 272 national highway expansion. 273 Vice-Mayor Piñol: So libre gihapun na sya? 274 Brgy. Chairman Baliguat: Wala mi naga sinabot diha . Expansion lang man na . 275 Kung naay maghangyo nga didto sa ila ibutang, malipay ang taga national 276 highway kay dili na sila malibgan ug asa ibutang. 277 Vice-Mayor Piñol: Bisan kinsa pwede magkuha diha? 278 Brgy. Chairman Baliguat: Pwede siguro vice kay wala man mi nagapasalabot 279 diha. 280 Vice-Mayor Piñol: Pero I think , dili ingun nga walay kwarta nga nagasto ang 281 goberno diha so I think nalipay ang contractor sa generosity sa taga Binay. 282 Brgy. Chairman Baliguat: Vice, bago na sila nag expansion , na picturan na then 283 naga process na ang mga tag iya sa yuta, sa mga tanum ug sa balay para 284 bayaran sila sa DPWH. 285 At this juncture, Hon. Vice-Mayor Piñol suggested to the Barangay Officials of 286 Barangay Binay to make an ordinance that would regulate quarry operation in 287 their barangay so that they barangay will have an income out of the quarry 288 materials extracted in the said area. In parting, he thanked the barangay officials 289 of Barangay Binay for gracing the session. He reiterated that the body has no 290 other intention but just to help them to find ways in order to make this quarry 291 operation in order. 292 Hon. councilor Talotalo also rose to air her side. She stated that as a former 293 barangay chairman herself, she understands the situation of Barangay 294 Chairman Baliguat that there are really times that you will find ways in order to 295 fund barangay activities such as anniversaries. She also expressed that she 296 understands the move of Hon. Aboy because he is the chairman of the 297 committee on environment. 298 At this juncture, the Presiding Officer thanked the Barangay Officials of Barangay 299 Binay for gracing the session. He then declared for a recess. 300

6. PRIVILEGE HOUR 301 Hon. Councilor Aboy was the first to avail of the privilege hour. In his speech, he talked 302 about the Doles to Amabel road which in dire need of repair. He stated that there is an 303 immediate need to repair this road section because the people in the said area has 304 long been clamoring for the repair of this road because it is very hard to deliver their farm 305 products to market because the road is badly damaged. He then moved to pass a 306 resolution requesting Hon. Mayor Florenito T. Gonzaga to cause for the immediate 307 repair of the Doles to Amabel road. RESOLUTION NO. 2013-2013. 308 Hon. Councilor Lobaton was the next to avail of the privilege hour. He aired his hope and 309 prayer that the barangay election will be honest and peaceful. 310 Hon. Councilor Talotalo was the next to avail of the privilege hour. She wished that since 311 it is cooperative month, all the active cooperative in the Municipality of Magpet will be 312 recognized because they also have contributed in the economic activity of our 313 municipality. 314 The Presiding Officer directed the committee on cooperatives to lobby to the Municipal 315 Mayor to conduct the cooperative month celebration. 316

7. READING OF MINUTES OF THE PREVIOUS SESSION 317 7.1. October 14, 2013 regular session minutes 318

Hon. Councilor Acupan rose to move to suspend the reading of the minutes. 319 Hon. Councilor Takitan seconded the motion. The body unanimously approved 320 the motion. He then moved to adopt the minutes. Hon. Councilor Takinan 321 seconded the motion. The body unanimously approved the motion. 322

8. FIRST READING AND REFERRALS TO COMMITTEE PROPOSED RESOLUTIONS AND 323 ORDINANCES, PETITIONS, MEMORIALS AND OTHER COMMUNICATIONS: 324 8.1. Supplemental Investment Plan no. 01., Budget year 2013 of the Municipality of 325

Magpet 326 Hon. Councilor Mamon rose to suspend the Internal rules of the body in order to 327 discuss this matter. Hon. Councilor Yunting seconded the motion. The body 328 unanimously approved the motion. 329 The Supplemental Investment Plan no. 01 of LGU Magpet was then presented to 330 the body. 331 With no clarifications made, Hon. Councilor Mamon moved for the approval of 332 the Supplemental Investment Plan no. 01 of LGU Magpet. Hon. Councilor Aboy 333 seconded the motion. The body unanimously approved the motion. ORDINANCE 334 NO. 06-2013. 335 336 337


340 341

8.2. Res. no. 003 of MDC – A resolution approving the reprogramming and 342 realignment of 2013 Bottom Up budgeting programs and projects funded uner 343 the 2013 20% Economic Development fund of the Municipality of Magpet 344 Hon. Councilor Mamon rose to suspend the IRP to discuss this matter. 345 The resolution was then presented to the body. With no clarifications made, Hon. 346 Mamon moved for the approval of the reprogramming of the 2013 Bottom up 347 budgeting. Hon. Aboy seconded the motion. RESOLUTION NO. 178-S-2013. 348

8.3. Proposed Local Expenditure Program Budget year 2014 of the Municipality of 349 Magpet in the total amount of P151,546,807.00 350 This was referred to the Committee on Finance, Budget and Appropriation. 351

352 9. ADJOURMENT 353

With no other matters to be discussed, Hon. Councilor Acupan moved for the 354 adjournment of the session. Hon. Councilor Yunting seconded the motion. The body 355 unanimously approved the motion. 356 The session was adjourned at 3:55 in the afternoon. 357 358

Prepared by: 359 360 CHARINA A. FERNANDEZ,M.P.A. 361 LLSO IV 362

363 Noted: 364

365 JAMES M. SASI,M.P.A. 366 SB Secretary 367 368 Approved: 369

370 371


374 375 376 377 378 379

october 21, 2013 minutes

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