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REPUBLIC ACT NO. 7854 - AN ACT
CONVERTING THE MUNICIPALITY OF MAKATI INTO A HIGHLY URBANIZED CITY TO
BE KNOWN AS THE CITY OF MAKATI |
ARTICLE I SECTION 1. Title. — This Act shall be known as the Charter of the City of Makati. Sec. 2. The City of Makati. — The Municipality of
Makati shall be converted into a highly urbanized city to be known as
the City of Makati, hereinafter referred to as the City, which shall
comprise the present territory of the Municipality of Makati in
Metropolitan Manila Area over which it has jurisdiction bounded on the
northeast by Pasig River and beyond by the City of Mandaluyong and the
Municipality of Pasig; on the southeast by the municipalities of
Pateros and Tagig; on the southwest by the City of Pasay and the
Municipality of Tagig; and, on the northwest, by the City of Manila. Sec. 3. Corporate Powers of the City. — The City
constitutes a political body corporate and as such is endowed with the
attribute of perpetual succession and possessed of the powers which
pertain to a municipal corporation to be exercised in conformity with
the provisions of this Charter. The City shall have the following
corporate powers: Sec. 4. General Powers of the City. — The City shall have a common seal and may alter the same at pleasure. It shall exercise the powers of levy taxes and close or open public roads, streets, alleys, parks or squares. It may take, purchase, receive, hold, lease, convey and dispose of real and personal property for the general interest of the City, condemn private property for public use, contract and be contracted with, sue and be sued, prosecute and defend to final judgment and execution suits wherein said City is a party, and exercise all the powers as are granted to corporations and/or hereinafter conferred. Sec. 5. Liability for Damages. — The City and its officials shall not be liable for death or injury to persons or damage to property done or caused as a consequence or result of discharge or performance of official functions within the scope of their duties. Sec. 6. Jurisdiction of the City. — The
jurisdiction of the City of Makati for police purposes only, shall be
coextensive with its territorial jurisdiction and for the purpose of
protecting and insuring the purity of the water supply of the City,
such police jurisdiction shall also extend over all territory within
the drainage area of such water supply, or within one hundred meters
(100 m) of any reservoir, conduit, canal, aqueduct or pumping station
used in connection with the city water service. The city court of the
City shall have concurrent jurisdiction with the city or municipal
court of the adjoining municipalities or cities, to try crimes and
misdemeanors committed within said drainage area or within said spaces
of one hundred meters (100 m). The court first taking cognizance of
such an offense shall have jurisdiction to try said cases to the
exclusion of others. The police force of the several municipalities and
cities concerned shall have concurrent jurisdiction with the police
force of the City for the maintenance of good order and the enforcement
of ordinances throughout said zone, area or spaces shall be granted by
the proper authorities of the city or municipality concerned, and the
fees arising therefrom shall accrue to the treasury of the said city or
municipality concerned and not to the City. ARTICLE II Sec. 7. The Officials of the City of Makati. — (a) There shall be in the City of Makati a city mayor, a vice mayor, sangguniang panlungsod members, a secretary to the sangguniang panlungsod, a city treasurer and an assistant city treasurer, a city assessor and an assistant city assessor, a city accountant, a city budget officer, a city civil registrar, a city administrator, a city legal officer, a city social welfare and social development officer, and a city general services officer. (b) In addition thereto, the city mayor may appoint a city architect, a city information and community relations officer, a city population officer, a city environment and natural resources officer, a city public safety officer, a city international relations officer, a city education officer, a city youth and sports development officer, a city veterinarian and a city cooperatives officer. (c) The City of Makati shall maintain a city fire station to headed by a city fire marshall and a city jail to be headed by a city jail warden. (d) The City of Makati may: (1) Maintain existing offices not mentioned in subsections (a) and (b) hereof; (2) Create such other offices as may be necessary to carry out the purposes of the City; or (3) Consolidate the functions of any office with those of another in the interest of efficiency and economy; (e) Unless otherwise provided herein, all appointive city officials of the City shall be appointed by the city mayor with the concurrence of the majority of all the sangguniang panlungsod members, subject to civil service law, rules and regulations. The sangguniang panlungsod shall act on the appointment within fifteen (15) days from the date of its submission otherwise the same shall be deemed confirmed. ARTICLE III Sec. 8. The City Mayor. — (a) The city mayor shall be the chief executive of the City. He shall be elected at large by the qualified voters of the City. No person shall be eligible for the position of the city mayor unless at the time of the election he is at least twenty-three (23) years of age, an actual resident of the City for at least one (1) year prior to his election, and a qualified voter therein. He shall hold office for three (3) years, unless sooner removed, and shall receive a minimum monthly compensation corresponding to salary grade thirty (30) as prescribed under Republic Act No. 6758 and the implementing guidelines issued pursuant thereto. The city mayor, as the chief executive of the city government, shall exercise such powers and perform such duties and functions as provided herein: (a) Exercise those powers expressly granted to him by law, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for the efficient and effective governance of the City, and those which are essential to the promotion of general welfare: (1) Determine the guidelines of city policies and be responsible to the sangguniang panlungsod for the program of government; (2) Direct the formulation of the city development plan, with the assistance of the city development council, and upon approval thereof by the sangguniang panlungsod, implement the same; (3) Present the program of government and propose policies and projects for the consideration of the sangguniang panlungsod at the opening of the regular session of the sangguniang panlungsod every calendar year and as often as may be deemed necessary as the general welfare of the inhabitants and the needs of the city government may require; (4) Initiate and propose legislative measures to the sangguniang panlungsod and as often as may be deemed necessary, provide such information and data needed or requested by said sanggunian in the performance of its legislative functions; (5) Appoint all officials and employees whose salaries and wages are wholly or mainly paid out of city funds and whose appointments are not otherwise provided for in this Act, as well as those he may be authorized by law to appoint; (6) Represent the City in all its business transactions and sign on its behalf all bonds, contracts and obligations, and such other documents upon authority of the sangguniang panlungsod or pursuant to law or ordinance; (7) Carry out such emergency measures as may be necessary during and in the aftermath of man-made and natural disasters and calamities; (8) Determine the time, manner and place of payment of salaries or wages of the officials and employees of the City, in accordance with law or ordinance; (9) Allocate and assign office space to the City and other officials and employees who, by law or ordinance, are entitled to such space in the city hall and other buildings owned or leased by the city government; (10) Ensure that all executive officials and employees of the City faithfully discharge their duties and functions as provided by law and this Act, and cause to be instituted administrative or judicial proceedings against any official or employee of the City who may have committed an offense in the performance of his official duties; (11) Examine the books, records and other documents of all offices, officials, agents or employees of the City and, in aid of his executive powers and authority, require all national officials and employees stationed in or assigned to the City to make available to him such books, records and other documents in their custody, except those classified by law as confidential; (12) Furnish copies of executive orders issued by him to the Office of the President and the Metropolitan Authority Council chairman within seventy-two (72) hours after their issuance; (13) Visit component barangays of the City at least once every six (6) months to deepen his understanding of problems and conditions, listen and give appropriate counsel to local officials and inhabitants of general laws and ordinances which especially concern them, and otherwise conduct visits and inspections to ensure that the governance of the City will improve the quality of life of the inhabitants; (14) Act on leave applications of officials and employees appointed by him and the commutation of the monetary value of their leave credits in accordance with law; (15) Authorize official trips of city officials and employees outside of the City for a period not exceeding thirty (30) days; Provided, that the trips abroad or for a longer period may be authorized in accordance with the Local Government Code. (16) Call upon any national official or employee stationed in or assigned to the City to advise him on matters affecting the City and to make recommendations thereon; coordinate with said officials or employees in the formulation and implementation of plans, programs and projects; and, when appropriate, initiate any administrative or judicial action against a national government official or employee who may have committed an offense in the performance of his official duties while stationed in or assigned to the City; (17) Authorize payment for medical care, necessary transportation, subsistence, hospital or medical fees of city officials and employees who are injured while in the performance of their official duties and functions, subject to availability of funds; (18) Solemnize marriages, any provision of law to the contrary notwithstanding; (19) Conduct an annual palarong panlungsod, which shall feature traditional sports and disciplines included in national and international games, in coordination with the Department of Education, Culture and Sports; and (20) Submit to the respective Metropolitan Authority Council chairmen and to the Office of the President the following reports: (i) an annual report containing a summary of all matters pertinent to the management, administration, and development of the City and all information and data relative to its political, social and economic conditions; and (ii) supplemental reports when unexpected events and situations arise at any time during the year, particularly when man-made or natural disasters or calamities affect the general welfare of the City; (b) Enforce all laws and ordinances relative to the governance of the City and in the exercise of its appropriate corporate powers, as well as implement all approved policies, programs, projects, services and activities of the City. (1) Ensure that the acts of the City's component barangay and of its officials and employees are within the scope of their prescribed powers, duties and functions; (2) Call conventions, conferences, seminars, or meetings of elective and appointive officials of the City, including national officials and employees stationed in or assigned to the City, at such time and place and on such subject as he may deem important for the promotion of the general welfare of the local government unit and its inhabitants; (3) Issue such executive orders for the faithful and appropriate enforcement and execution of laws and ordinances; (4) Be entitled to carry necessary firearm within his territorial jurisdiction; (5) Act as the deputized representative of the National Police Commission, formulate the peace and order plan of the City and upon its approval, implement the same: and as such, exercise general and operational control and supervision over the local police forces in the City, in accordance with Republic Act No. 6975; and (6) Call upon the appropriate law enforcement agencies to suppress disorder, riot, lawless violence, rebellion or sedition, or to apprehend violators of the law when public interest so requires and the city police forces are inadequate to cope with the situation or the violators; (c) Initiate and maximize the generation of resources and revenues, and apply the same to the implementation of development plans, programs objectives and priorities, particularly those resources and revenues programmed for agro-industrial development and countryside growth and progress; (1) Require each head of an office or department to prepare and submit an estimate of appropriations for the ensuing calendar year, in accordance with the budget preparation process in accordance with the provisions of the Local Government Code; (2) Prepare and submit to the sanggunian for approval the executive and supplemental budgets of the City for the ensuing calendar year in the manner provided for under the Local Government Code; (3) Ensure that all taxes and other revenues of the City are collected, and that city funds are applied to the payment of expenses and settlement of obligations of the City in accordance with law or ordinance; (4) Issue licenses and permits and suspend or revoke the same for any violation of the conditions upon which said licenses or permits had been issued, pursuant to law or ordinance; (5) Issue permits, without need of approval therefore from any national agency, for the holding of activities for any charitable or welfare purpose, excluding prohibited games of chance or shows contrary to law, public policy, and public morals; (6) Require owners of illegally constructed houses, buildings or other structures to obtain the necessary permit, subject to such fines and penalties as may be imposed by law or ordinance, or to make necessary changes in the construction of the same when said construction violates any law or ordinance, or to order the demolition or removal of said house, building or structure within the period prescribed by law or ordinance; (7) Adopt adequate measures to safeguard and conserve land, mineral, marine, forest and other resources of the City; (8) Provide efficient and effective property and supply management in the City; and protect the funds, credits, rights and other properties of the City; and (9) Institute or cause to be instituted administrative or judicial proceedings for violation of ordinances in the collection of taxes, fees or charges, and for the recovery of funds and property and cause the City to be defended against all suits to ensure that its interests, resources and rights shall be adequately protected; (d) Ensure the delivery of basic services and the provision of adequate facilities and, in addition thereto: (1) Ensure that the construction and repair of roads and highways funded by the national government shall be, as far as practicable, carried out in a spatially contiguous manner and in coordination with the construction and repair of the roads and bridges of the City; and (2) Coordinate the implementation of technical services, including public works and infrastructure programs, rendered by national offices; and (e) Perform such other duties and functions and exercise such other powers, as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance. Sec. 9. The City Vice Mayor. — There shall be a
vice mayor who shall be elected in the same manner as the city mayor
and shall at the time of his election possess the same qualifications
as the city mayor. He shall hold office for three (3) years, unless
sooner removed, and shall receive a monthly compensation corresponding
to salary grade twenty-eight (28) as prescribed under Republic Act No.
6758 and the implementing guidelines issued pursuant thereto. ARTICLE IV SECTION 10. The Sangguniang Panlungsod. — The sangguniang panlungsod, the legislative body of the City, shall be composed of the city vice mayor as presiding officer, the regular sanggunian members, the president of the city chapter of the liga ng mga barangay, the president of the panlungsod na pederasyon ng mga sangguniang kabataan, and the sectoral representatives, as members. In addition thereto, there shall be three (3) sectoral representatives: one (1) from the women; and, as shall be determined by the sangguniang panlungsod within ninety (90) days prior to the holding of the local elections, one (1) from the industrial workers; and one (1) from other sectors including the urban poor or disabled persons. The regular members of the sangguniang panlungsod and the sectoral representatives shall be elected in the manner as may be provided for by law. The elective members of the sangguniang panlungsod shall possess the same qualifications as that of the city mayor and vice mayor. They shall receive such compensation, emoluments and allowances as may be determined by law. The sangguniang panlungsod shall: (a) Approve ordinances and pass resolutions necessary for an efficient and effective city government and, in this connection shall: (1) Review all ordinances approved by the sangguniang barangay and executive orders issued by the punong barangay to determine whether these are within the scope of the prescribed powers of the sanggunian and of the punong barangay; (2) Maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for the violation of said ordinances; (3) Approve ordinances imposing a fine not exceeding Five thousand pesos (P5,000.00) or an imprisonment for a period not exceeding one (1) year, or both at the discretion of the court, for the violation of a city ordinance; (4) Adopt measures to protect the inhabitants of the City from the harmful effects of man-made or natural disasters and calamities and to provide relief services and assistance for victims during and in the aftermath of said disasters or calamities and in their return top productive livelihood following said events; (5) Enact ordinances intended to prevent, suppress and impose appropriate penalties for habitual drunkenness in public places, vagrancy, mendicancy, prostitution, establishment and maintenance of houses of ill repute, gambling and other prohibited games of chance, fraudulent devices and ways to obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, the printing, distribution or exhibition of obscene or pornographic materials or publications, and such other activities inimical to the welfare and morals of the inhabitants of the City; (6) Protect the environment and impose appropriate penalties for acts which endanger the environment and such other activities which result in pollution, acceleration or eutrophication of rivers or of ecological imbalance; (7) Subject to the provisions of the Local Government Code and pertinent laws, determine the powers and duties of officials and employees of the City; (8) Determine the position and the salaries, wages, allowances and other emoluments and benefits of officials and employees paid wholly or mainly from city funds and provide for expenditure necessary for the proper conduct of programs, projects, services, and activities of the city government; (9) Authorize the payment of compensation to a qualified person not in the government service who fills up a temporary vacancy or grant honorarium to any qualified official or employee designated to fill a temporary vacancy in a concurrent capacity at the rate authorized by law; (10) Provide a mechanism and the appropriate funds therefore, to ensure the safety and protection of all city government property, public documents, or records such as those relating to property inventory, land ownership, records to births, marriages, deaths, assessments, taxation, accounts, business permits and such other records and documents of public interest in the offices and departments of the government; (11) When the finances of the city government allow, provide for additional allowances and other benefits to judges, prosecutors, public elementary and high school teachers, and other national government officials stationed in or assigned to the City; (12) Provide legal assistance to barangay officials who, in the performance of their official duties or on the occasion thereof, have to initiate judicial proceedings or defend themselves against legal action; and (13) Provide for group insurance or additional insurance coverage for all barangay officials, including members of barangay tanod brigades and other service units, with public or private insurance companies, when the finances of the city government allow said coverage; (b) Generate and maximize the use of resources and revenues of the development plans, program objectives and priorities of the City, with particular attention to agro-industrial development and citywide growth and progress: (1) Approve the annual and supplemental budgets of the city government and appropriate funds for specific programs, projects, services and activities of the City, or for other purposes not contrary to law, in order to promote the general welfare of the City and its inhabitants; (2) Subject to the provisions of Book II of the Local Government Code and applicable laws and upon the majority vote of all the members of the sangguniang panlungsod, enact ordinance levying taxes, fees and charges, prescribing the rates thereof for general and specific purposes, and granting tax exemptions, incentives or reliefs; (3) Subject to the provisions of Book II of the Local Government Code and upon the majority vote of all the members of the sangguniang panlungsod, authorize the city mayor to negotiate and contract loans and other forms of indebtedness; (4) Subject to the provisions of Book II of the Local Government Code and applicable laws and upon the majority vote of all the members of the sangguniang panlungsod, enact ordinances authorizing the floating of bonds or other instruments of indebtedness, for the purpose of raising funds to finance development projects; (6) Prescribe reasonable limits and restraints on the use of property within the jurisdiction of the City; (7) Adopt a comprehensive land use for the City; (8) Reclassify land within the jurisdiction of the City, subject to the pertinent provisions of the Local Government Code; (9) Enact integrated zoning ordinances in consonance with the approved comprehensive land use plan, subject to existing laws, rules and regulations; establish fire limits or zones, particularly in populous centers; and regulate the construction, repair or modification of buildings within said fire limits or zones in accordance with the provisions of the Fire Code; (10) Subject to national law, process and approve subdivision plans for residential, commercial, or industrial purposes and other development purposes, and to collect processing fees and other charges, the proceeds of which shall accrue entirely to the City. Provided, however, that where approval of a national agency or office is required, said approval shall not be withheld for more than thirty (30) days from receipt of the application. Failure to act on the application within the period stated above shall be deemed as approval thereof; (11) Subject to the provisions of Book II of the Local Government Code, control fishing and related activities within the City rivers and waters; (12) With the concurrence of at least two-thirds (2/3) of all the members of the sangguniang panlungsod, grant tax exemptions, incentives or reliefs to entities engaged in community growth-inducing industries, subject to the provisions of the Local Government Code; (13) Grant loans or provide grants to other local government units or to national, provincial, and city charitable, benevolent or educational institutions: provided, that said institutions are operated and maintained within the City; (14) Regulate the numbering of residential, commercial, and other buildings; and (15) Regulate the inspection, weighing and measuring of articles of commerce; (c) Subject to the provisions of the Local Government Code of 1991, enact ordinances granting franchises and authorizing the issuance of permits or licenses, upon such conditions and for such purposes intended to promote the general welfare of the inhabitants of the City and, pursuant to this legislative authority, shall; (1) Fix and impose reasonable fees and charges for all services rendered by the city government to private persons or entities; (2) Regulate or fix license fees for any business or practice of profession within the City and the conditions under which the license for said business or practice of profession may be revoked and enact ordinances levying taxes thereon; (3) Provide for and set the terms and conditions under which public utilities owned by the City shall be operated by the city government, and prescribe the conditions under which the same may be leased to private persons or entities, preferably cooperatives; (4) Regulate the display of and fix the license fees for signs, signboards, or billboards at the place or places where the profession or business advertised thereby is, in whole or in part, conducted; (5) Any law to the contrary notwithstanding, authorize and license the establishment, operation, and maintenance of cockpits, and regulate cockfighting and commercial breeding of gamecocks: provided, that existing rights shall not be prejudiced; (6) Subject to the guidelines prescribed by the Department of Transportation and Communications, regulate the operation of tricycles and grant franchises for the operation thereof within the territorial jurisdiction of the City; and (7) Upon approval by a majority vote of all the members of the sangguniang panlungsod, grant a franchise to any person, partnership, corporation, or cooperative to do business within the City; establish, construct, operate and maintain ferries, wharves, markets or slaughterhouses; or undertake such other activities within the City as may be allowed by existing laws: provided, that cooperatives shall be given preference in the grant of such franchise; (d) Regulate activities relative to the use of land, buildings, and structures within the City in order to promote the general welfare and, for said purpose, shall; (1) Declare, prevent or abate any nuisance; (2) Require that buildings and the premises thereof and any land within the City be kept and maintained in a sanitary condition; impose penalties for any violation thereof; or, upon failure to comply with said requirement, have the work done at the expense of the owner, administrator or tenant concerned; or require the filling up of any land or premises to a grade necessary for proper sanitation; (3) Regulate the disposal of clinical and other wastes from hospitals, clinics and other similar establishments; (4) Regulate the establishment, operation and maintenance of cafes, restaurants, beerhouses, hotels, motels, inns, pension houses, lodging houses and other similar establishments, including tourist guides and transports; (5) Regulate the sale, giving away or dispensing of any intoxicating malt, vino, mixed or fermented liquors at any retail outer; (6) Regulate the establishment and provide for the inspection of steam boilers or any heating device in buildings and the storage of inflammable and highly combustible materials within the City; (7) Regulate the establishment, operation and maintenance of any entertainment or amusement facilities, including the theatrical performances, circuses, billiard pools, public dancing schools, public dance halls, sauna baths, massage parlors, and other places for entertainment or amusement; regulate such other events or activities for amusement or entertainment, particularly those which tend to disturb the community or annoy the inhabitants, or require the suspension or suppression of the same; or prohibit certain forms of amusement or entertainment in order to protect the social and moral welfare of the community; (8) Provide for the impounding of stray animals; regulate the keeping of animals in homes or as part of a business, and the slaughter, sale or disposition of the same; and adopt measures to prevent and penalize cruelty to animals; and (9) Regulate the establishment, operation and maintenance of funeral parlors and the burial or cremation of the dead, subject to existing laws, rules and regulations; (e) Approve ordinances which shall ensure the efficient and effective delivery of the basic services and facilities as provided for under the Local Government Code and, in addition to said services and facilities, shall: (1) Provide for the establishment, maintenance, protection, and conservation of tree parks and green belts: (2) Establish markets, slaughterhouses or animal corrals and authorize the operation thereof by the city government; and regulate the construction and operation of private markets, talipapas or other similar buildings and structures; (3) Authorize the establishment, maintenance and operation by the city government of ferries, wharves and other structures intended to accelerate productivity related to marine life and the preservation thereof; (4) Regulate the preparation and sale of meat, poultry, fish, vegetables, fruits, fresh dairy products, and other foodstuffs for public consumption; (5) Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and other public places and approve the construction, improvement, repair and maintenance of the same; establish bus and vehicle stops and terminals or regulate the use of the same by privately-owned vehicles which serve the public; regulate garages and the operation of conveyances for hire; designate stands to be occupied by public vehicles when not in use; regulate the putting up of signs, signposts, awnings and awning posts on the streets; and provide for the lighting, cleaning and sprinkling of streets and public places; (6) Regulate traffic on all streets and bridges; prohibit encroachments or obstacles thereon and, when necessary in the interest of public welfare, authorize the removal of encroachments and illegal constructions in public places; (7) Subject to existing laws, establish and provide for the maintenance, repair and operation of an efficient waterworks system to supply water to the inhabitants and to purify the source of the water supply; regulate the construction, maintenance, repair and use of hydrants, pumps, cisterns and reservoirs; protect the purity and quantity of the water supply of the City and, for this purpose, extend the coverage of appropriate ordinances over all territory within the drainage area of said water supply and within one hundred meters (100 m) of the reservoir, conduit, canal, aqueduct, pumping station, or watershed used in connection with the water services; and regulate the consumption, use or wastages of water and fix and collect charges therefore; (8) Regulate the drilling and excavation of the ground for the laying of water, gas, sewer, and other pipes and the construction, repair and maintenance of public drains, sewers, cesspools, tunnels and similar structures; regulate the placing of poles and the use of crosswalks, curbs and gutters; adopt measures to ensure public safety against open canals, manholes, live wires and other similar hazards to life and property; and regulate the construction and use of private water closets, privies, and other similar structures in buildings and homes; (9) Regulate the placing, stringing, attaching, installing, repair and construction of all gas mains, electric, telegraph and telephone wires, conduits, meters and other apparatus; and provide for the correction, condemnation or removal of the same when found to be dangerous, defective or otherwise hazardous to the welfare of the inhabitants; (10) Subject to the availability of funds and to existing laws, rules and regulations, establish and provide for the operation of vocational and technical schools and similar post-secondary institutions and, with the approval of the Department of Education, Culture and Sports and subject to existing law on tuition fees, fix and collect reasonable tuition fees and other school charges in educational institutions supported by city government; (11) Establish a scholarship fund for poor but deserving students in schools located within its jurisdiction or for students residing within the City; (12) Approve measures and adopt quarantine regulations to prevent the introduction and spread of diseases; (13) Provide for an efficient and effective system of solid waste and garbage collection and prohibit littering and the placing or throwing of garbage, refuse and other filth and wastes; (14) Provide for the care of disabled persons, paupers, the aged, the sick, persons of unsound mind, abandoned minors, juvenile delinquents, drug dependents, abused children and other youth below eighteen (18) years of age; and, subject to availability of funds, establish and provide for the operation of centers and facilities for said needy and disadvantaged persons; (15) Establish and provide for the maintenance and improvement of jails and detention centers, institute a sound jail management program, and appropriate funds for the subsistence of detainees and convicted prisoners in the City; (16) Establish a city council whose purpose is the promotion of culture and the arts, coordinate with government agencies and nongovernmental organizations and, subject to the availability of funds, appropriate funds for the support and development of the same; and (17) Establish a city council for the elderly and senior citizens which shall formulate policies and adopt measures mutually beneficial to the elderly and to the community; provide incentives for nongovernmental agencies and entities and, subject to the availability of funds, appropriate funds to support programs and projects for the benefit of the elderly; and (f) Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance. ARTICLE V SECTION 11. Internal Rules of Procedure. — On the first regular session following the election of its members and within ninety (90) days thereafter, the sangguniang panlungsod shall adopt or update its existing rules of procedure. The rules of procedure shall provide for the following: (a) The organization of the sanggunian and the election of its officers as well as the creation of standing committees which shall include, but shall not be limited to, the committees on appropriations, revenues, engineering and public works, education and health, women and family, human rights, youth and sports development, environmental protection, peace and order and traffic, and cooperatives; the general jurisdiction of each committee; and the election of the chairman and members of each committee; (b) The order and calendar of business for each session; (c) The legislative process; (d) The parliamentary procedures which shall include the conduct of members during sessions; (e) The discipline of members for disorderly behavior and absences without justifiable cause for four (4) consecutive sessions, for which they may be censured, reprimanded, or excluded from the session, suspended for not more than sixty (60) days, or expelled: provided, that the penalty of suspension or expulsion shall require the concurrence of at least two-thirds (2/3) vote of all the sanggunian members: provided, further, that a member convicted by final judgment to imprisonment of at least one (1) year for any crime involving moral turpitude shall be automatically expelled from the sanggunian; and (f) Such other rules as the sanggunian may adopt. SECTION 12. Full Disclosure of Financial and Business Interest of Sangguniang Panlungsod Members. — Every sangguniang panlungsod member shall, upon assumption to office, make a full disclosure of his business and financial interest. He shall also disclose any business, financial, or professional relationship or any relation by affinity or consanguinity within the fourth civil degree, which he may have with any person, firm or entity affected by any ordinance or resolution, under consideration by the sanggunian of which he is a member, which relationship may result in conflict of interest. Such relationship shall include: (a) Ownership of stock or capital, or investment, in the entity or firm to which the ordinance or resolution may apply; and (b) Contracts or agreements with any person or entity which an ordinance or resolution under consideration may affect. In the absence of a specific constitutional or statutory provision applicable to this situation, "conflict of interest" refers in general to one where it may be reasonably deduced that a member of a sanggunian may not act in the public interest due to some private, pecuniary, or other personal considerations that may tend to affect his judgment to the prejudice of the service or the public. The disclosure required under this Act shall be made in writing and submitted to the secretary of the sanggunian or the secretary of the committee of which he is a member. The disclosure shall, in all cases, form part of the record of the proceedings and shall be made in the following manner: (1) Disclosure shall be made before the member participates in the deliberations on the ordinance or resolution under consideration: provided, that if the member did not participate during the deliberations, the disclosure shall be made before voting on the ordinance or resolution on second and third readings; and (2) Disclosure shall be made when a member takes a position or makes a privilege speech on a matter that may affect the business interest, financial connection, or professional relationship described herein. SECTION 13. Sessions. — On the first day of the session immediately following the election of its members, the sangguniang panlungsod shall, by resolution, fix the day, time, and place of its regular sessions. The minimum number of regular sessions shall be once a week for the sangguniang panlungsod, and twice a month for the sangguniang barangay. When public interest so demands, special sessions may be called by the city mayor or by a majority of the members of the sanggunian. All sanggunian sessions shall be open to the public unless a closed-door session is ordered by an affirmative vote of a majority of the members present, there being a quorum, in the public interest or for reasons of security, decency, or morality. No two (2) sessions, regular or special, may be held in a single day. In the case of special sessions of the sanggunian, a written notice to the members shall be served personally at the member's usual place of residence at least twenty-four (24) hours before the special session is held. Unless concurred in by two-thirds (2/3) vote of the sanggunian members present, there being a quorum, no other matter may be considered at a special session except those stated in the notice. The sanggunian shall keep a journal and record of its proceedings which may be published upon resolution of the sangguniang panlungsod. SECTION 14. Quorum. — A majority of all the members of the sanggunian who have been elected and qualified shall constitute a quorum to transact official business. Should a question of quorum be raised during a session, the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the results. Where there is no quorum, the presiding officer may declare a recess until such time as a quorum is constituted, or a majority of the members present may adjourn from day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the sanggunian, to be assisted by a member or members of the police force assigned in the territorial jurisdiction of the City of Makati, to arrest the absent member and present him at the session. If there is still no quorum despite the enforcement of the immediately preceding subsection, no business shall be transacted. The presiding officer, upon proper motion duly approved by the members present, shall then declare the session adjourned for lack of quorum. SECTION 15. Approval of Ordinances. — Every ordinance enacted by the sangguniang panlungsod shall be presented to the city mayor. If the city mayor approves the same, he shall affix his signature on each and every page thereof; otherwise, he shall veto it and return the same with his objections to the sanggunian, which may proceed to reconsider the same. The sanggunian may override the veto of the city mayor by two-thirds (2/3) vote of all its members, thereby making the ordinance or resolution effective for all legal intents and purposes. The veto shall be communicated by the city mayor to the sanggunian within ten (10) days; otherwise, the ordinance shall be deemed approved as if he had signed it. SECTION 16. Veto Power of the City Mayor. — The city mayor may veto any ordinance of the sangguniang panlungsod on the ground that it is ultra vires or prejudicial to the public welfare, stating his reasons therefore in writing. The city mayor shall have the power to veto any particular item or items of an appropriations ordinance, an ordinance or resolution adopting a local development plan and public investment program, or an ordinance directing the payment of money or creating liability. In such a case, the veto shall not affect the item or items which are not objected to. The vetoed item or items shall not take effect unless the sangguniang panlungsod overrides the veto in the manner herein provided; otherwise, the item or items in the appropriations ordinance of the previous year corresponding to those vetoed, if any, shall be deemed reenacted. The city mayor may veto an ordinance or resolution only once. The sanggunian may override the veto of the city mayor by two-thirds (2/3) vote of all its members, thereby making the ordinance effective even without the approval of the city mayor. SECTION 17. Review of Barangay Ordinances by the Sangguniang Panlungsod. — Within ten (10) days after its enactment, the sangguniang barangay shall furnish copies of all barangay ordinances to the sangguniang panlungsod for review as to whether the ordinance is consistent with law and city ordinances. If the sangguniang panlungsod fails to take action on barangay ordinances within thirty (30) days from receipt thereof, the same shall be deemed approved. If the sangguniang panlungsod finds the barangay ordinances inconsistent with law or city ordinances, the sangguniang panlungsod shall, within thirty (30) days from receipt thereof, return the same with its comments and recommendations to the sangguniang barangay concerned for adjustment, amendment, or modification: in which case, the effectivity of the barangay ordinance is suspended until such time as the revision called for is effected. SECTION 18. Enforcement of Disapproved Ordinances or Resolutions. — Any attempt to enforce any ordinance or any resolution approving the local development plan and public investment program after the disapproval thereof, shall be sufficient ground for the suspension or dismissal of the official or employee concerned. SECTION 19. Effectivity of Ordinances or Resolutions. — Unless otherwise stated in the ordinance or the resolution approving the local development plan and public investment program, the same shall take effect after ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance of the city hall of Makati, and in at least two (2) other conspicuous places in the City of Makati. The secretary of the sangguniang panlungsod shall cause the posting of an ordinance or resolution in the bulletin board at the entrance of the city hall of Makati and in at least two (2) conspicuous places in the City of Makati not later than five (5) days after approval thereof. The text of the ordinance or resolution shall be disseminated and posted in Filipino or English and the secretary of the sangguniang panlungsod shall record such fact in a book kept for the purpose, stating the dates of approval and posting. The main features of the ordinance or resolution duly enacted or adopted shall, in addition to being posted, be published once in a local newspaper of general circulation within the City: provided, that in the absence thereof the ordinance or resolution shall be published in any newspaper of general circulation: provided, further, that the gist of all ordinances with penal sanctions shall also be published in a newspaper of general circulation. ARTICLE VI Sec. 20. Disqualifications for Elective Public City Officials. — The following persons are disqualified from running for any elective position in the City: (a) Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment, within two (2) years after serving sentence; (b) Those removed from office as a result of an administrative case; (c) Those convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines; (d) Those with dual citizenship; (e) Fugitives from justice in criminal or nonpolitical cases here and abroad; (f) Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of the Local Government Code; and (g) The insane or feeble-minded. Sec. 21. Permanent Vacancy in the Office of the
City Mayor and City Vice Mayor. — If a permanent vacancy occurs in the
office of the city mayor, the city vice-mayor concerned shall become
the city mayor. If a permanent vacancy occurs in the office of the vice
mayor, the highest ranking sangguniang panlungsod member or, in case of
his permanent incapacity, the second highest ranking sangguniang
panlungsod member shall become the city mayor or city vice mayor, as
the case may be. Subsequent vacancies in the said offices shall be
filled automatically by the other sanggunian members according to their
ranking as defined herein. Sec. 22. Permanent Vacancies in the Sanggunian. —
Permanent vacancies in the sangguniang panlungsod where automatic
succession as provided above does not apply shall be filled by
appointment in the following manner: Sec. 23. Temporary Vacancy in the Office of the
City Mayor. — When the city mayor is temporarily incapacitated to
perform his duties for physical or legal reasons such as, but not
limited to, leave of absence, travel abroad, and suspension from
office, the city vice-mayor, or the highest ranking sangguniang
panlungsod member shall automatically exercise the powers and perform
the duties and functions of the city mayor, except the power to
appoint, suspend, or dismiss employees which can only be exercised if
the period of temporary incapacity exceeds thirty (30) working days. ARTICLE VII Sec. 24. City Offices. — There shall be established in the government of the City of Makati the following offices for its elective officials: (a) The office of the city mayor; (b) The office of the city vice mayor; and (c) The individual offices of the members of the sangguniang panlungsod. The City shall likewise establish the following offices: (1) The office of the city administrator; (2) The finance department; (3) The engineering and public works department; (4) The law department; (5) The health department; (6) The assessment department; (7) The budget department; (8) The urban development department; (9) The international relations department; (10) The social welfare department; (11) The information and community relations department; (12) The youth and sports development department; (13) The education department; (14) The environmental services department; and (15) The public safety department. The city mayor, as the chief executive of the City, shall have the power to designate the heads of the aforementioned departments, subject to the approval of the members of the sangguniang panlungsod. ARTICLE VIII Sec. 25. The Secretary to the Sangguniang Panlungsod. — There shall be a secretary to the sangguniang panlungsod with the rank and salary equal to a head of department or office, who shall be appointed by the city mayor. No person shall be appointed secretary to the sangguniang panlungsod unless he is a citizen of the Philippines, a resident of the City of Makati, of good moral character, a holder of a college degree preferably in law, commerce or public administration from a recognized college or university, and a first grade civil service eligible or its equivalent. The term of the secretary to the sangguniang panlungsod is coterminous with that of the appointing authority The secretary to the sangguniang panlungsod shall take charge of the office of the sangguniang panlungsod and shall: (a) Attend meetings of the sangguniang panlungsod and keep a journal of its proceedings; (b) Keep the seal of the City and affix the same with his signature to all ordinances, resolutions, and other official acts of the sangguniang panlungsod and present the same to the presiding officer for his signature; (c) Forward to the city mayor, for approval, copies of ordinances enacted by the sangguniang panlungsod and to the sangguniang panlungsod and duly certified by the presiding officer; (d) Furnish, upon request of any interested party, certified copies of records of public character in his custody, upon payment to the city treasurer of such fees as may be prescribed by ordinance; (e) Record in a book kept for the purpose, all ordinances and resolutions enacted or adopted by the sangguniang panlungsod, with dates of passage and publication thereof; (f) Keep his office and all non-confidential records therein open to the public during the usual business hours; (g) Translate into the dialect used by the majority of inhabitants all ordinances and resolutions immediately after their approval, and cause the publication of the same together with the original version in the manner provided under the Local Government Code; (h) Take custody of the local archives and, where applicable, the local library and annually account for the same; and (i) Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance. Sec. 26. The City Treasurer. — The city treasurer
shall be appointed by the Secretary of Finance from a list of at least
three (3) ranking eligible recommendees of the city mayor, subject to
civil service law, rules and regulations. Sec. 27. The Assistant City Treasurer. — The
assistant city treasurer may be appointed by the Secretary of Finance
from a list of at least three (3) ranking eligible recommendees of the
city mayor, subject to civil service law, rules and regulations. Sec. 28. The City Assessor. — The city assessor
must be a citizen of the Philippines, a resident of the City of Makati,
of good moral character, a holder of a college degree preferably in
civil or mechanical engineering, commerce, or any other related course
from a recognized college or university, and a first grade civil
service eligible or its equivalent. He must have acquired experience in
real property assessment work or in any related field for at least five
(5) years immediately preceding the day of his appointment. Sec. 29. The Assistant City Assessor. — The
assistant city assessor must be a citizen of the Philippines, a
resident of the City of Makati, of good moral character, a holder of a
college degree preferably in civil or mechanical engineering, commerce,
or any related course from a recognized college or university, and a
first grade civil service eligible or its equivalent. He must have
acquired experience in assessment work or in any related field for at
least three (3) years immediately preceding the day of his appointment. Sec. 30. The City Accountant. — The city
accountant must be a citizen of the Philippines, a resident of the City
of Makati, of good moral character, and a certified public accountant.
He must have acquired experience in the treasury or accounting service
for at least five (5) years immediately preceding the day of his
appointment. Sec. 31. The City Budget Officer. — The city
budget officer must be a citizen of the Philippines, a resident of the
City of Manila, of good moral character, a holder of a college degree
preferably in accounting, economics, public administration, or any
related course from a recognized college or university, and a first
grade civil service eligible or its equivalent. He must have acquired
experience in government budgeting or in any related field for at least
five (5) years immediately preceding the date of his appointment. Sec. 32. The City Urban Development Officer. — The
city urban development officer must be a citizen of the Philippines, a
resident of the City of Makati, of good moral character, a holder of a
college degree preferably in urban planning, development studies,
economics, public administration, or any related course from a
recognized college or university, and a first grade civil service
eligible or its equivalent. He must have acquired experience in
development planning or in any related field for at least five (5)
years immediately preceding the date of his appointment. Sec. 33. The City Engineer. — The city engineer
must be a citizen of the Philippines, a resident of the City of Makati,
of good moral character, and a licensed civil engineer. He must have
acquired experience in the practice of his profession for at least five
(5) years immediately preceding the date of his appointment. Sec. 34. The City Health Officer. — The city
health officer must be a citizen of the Philippines, a resident of the
City of Makati, of good moral character, and a licensed medical
practitioner. He must have acquired experience in the practice of his
profession for at least five (5) years immediately preceding the date
of his appointment. Sec. 35. The City Civil Registrar. — The city
civil registrar must be a citizen of the Philippines, a resident of the
City of Makati, of good moral character, a holder of a college degree
from a recognized college or university, and a first grade civil
service eligible or its equivalent. He must have acquired experience in
civil registry work for at least five (5) years immediately preceding
the date of his appointment. Sec. 36. The City Administrator. — The city
administrator must be a citizen of the Philippines, a resident of the
City of Makati, of good moral character, holding a college degree
preferably in public administration, law, or any related course from a
recognized college or university, and a first grade civil service
eligible or its equivalent. He must have acquired experience in
management and administration work for at least five (5) years
immediately preceding the date of his appointment. Sec. 37. The City Legal Officer. — The city legal
officer must be a citizen of the Philippines, a resident of the City of
Makati, of good moral character, and a member of the Philippine Bar. He
must have practiced his profession for at least five (5) years
immediately preceding the date of his appointment. Sec. 38. The City Social Welfare and Development
Officer. — The city social welfare and development officer must be a
citizen of the Philippines, a resident of the City of Makati, of good
moral character, a duly licensed social worker or a holder of a college
degree preferably in sociology or any other related course from a
recognized college or university, and a first grade civil service
eligible or its equivalent. He must have acquired experience in the
practice of social work for at least five (5) years immediately
preceding the date of his appointment. Sec. 39. The City Environment and Natural
Resources Officer. — The city environment and natural resources officer
must be a citizen of the Philippines, a resident of the City of Makati,
of good moral character, a holder of a college degree preferably in
environment, forestry, agriculture or any other related course from a
recognized college or university, and a first grade civil service
eligible or its equivalent. He must have acquired experience in the
environmental and natural resources management conservation, and
utilization work for at least five (5) years immediately preceding the
date of his appointment. Sec. 40. The City Architect. — The city architect
must be a citizen of the Philippines, a resident of the City of Makati,
of good moral character, and a duly licensed architect. He must have
practiced his profession for at least five (5) years immediately
preceding the date of his appointment. Sec. 41. The City Information and Community
Relations Officer. — The city information and community relations
officer must be a citizen of the Philippines, a resident of the City of
Makati, of good moral character, a holder of a college degree
preferably in journalism, mass communication or any other related
course from a recognized college or university, and a first grade civil
service eligible or its equivalent. He must have experience in writing
articles and research papers, or in writing for print, television or
broadcast media for at least five (5) years immediately preceding the
date of his appointment. Sec. 42. The City Cooperative Officer. — The city
cooperative officer must be a citizen of the Philippines, a resident of
the City of Makati, of good moral character, a holder of a college
degree preferably in business administration with special training in
cooperatives or any related course from a recognized college or
university, and a first grade civil service eligible or its equivalent.
He must have experience in cooperatives organization and management for
at least five (5) years immediately preceding the date of his
appointment. Sec. 43. The City Population Officer. — The city
population officer must be a citizen of the Philippines, a resident of
the City of Makati, of good moral character, a holder of a college
degree with specialized training in population development from a
recognized college or university, and a first grade civil service
eligible or its equivalent. He must have experience in the
implementation of programs on population development and responsible
parenthood for at least three (3) years immediately preceding the date
of his appointment. Sec. 44. The City Veterinarian. — The city
veterinarian must be a citizen of the Philippines, a resident of the
City of Makati, of good moral character, and a licensed doctor of
veterinary medicine. He must have practiced his profession for at least
three (3) years immediately preceding the date of his appointment. Sec. 45. The City General Services Officer. — The
city general services officer must be a citizen of the Philippines, a
resident of the City of Makati, of good moral character, a holder of a
college degree on public administration, business administration and
management from a recognized college or university, and a first grade
civil service eligible or its equivalent. He must have acquired
experience in general services, including management of supply,
property, solid waste disposal, and general sanitation for at least
five (5) years immediately preceding the date of his appointment. Sec. 46. Other City Officials. — In addition to
the officials enumerated above, the City of Makati shall also have the
following officials with the corresponding qualifications, duties,
functions, and compensation: ARTICLE IX Sec. 47. The City Fire Station Service. — There shall be established in the City at least one (1) fire station with adequate personnel, firefighting facilities and equipment, subject to the standards, rules and regulations as may be promulgated by the Department of the Interior and Local Government. The City shall provide the necessary land or site of the station. The city fire station service shall be headed by a city fire marshall whose qualifications shall be as those provided for under Republic Act No. 6975, otherwise known as the Philippine National Police Law. The city fire station shall be responsible for fire protection and various emergency services such as rescue and evacuation of injured people at fire-related incidents and in general, all fire prevention and suppression measures to secure the safety of life and property of the citizenry. Sec. 48. The City Jail Service. — There shall be
established and maintained in the City a secured, clean, adequately
equipped, and sanitary jail for the custody and safekeeping of
prisoners, any fugitive from justice, or person detained, awaiting
investigation or trial and/or violent mentally-ill person who endangers
himself or the safety of other, duly certified as such as by the proper
and medical health officer, pending the transfer to a mental
institution. Sec. 49. Municipal Ordinances Existing at the Time of the Approval of this Act. — All municipal ordinances of the Municipality of Makati existing at the time of the approval of this Act shall continue to be in force within the City of Makati until the sangguniang panlungsod shall, by ordinance, provide otherwise. Sec. 50. Plebiscite. — The City of Makati shall acquire corporate existence upon the ratification of its creation by a majority of the votes cast by the qualified voters in a plebiscite to be conducted in the present Municipality of Makati within sixty (60) days from the approval of this Act. The expenses for such plebiscite shall be borne by the Municipality of Makati. The Commission on Elections shall conduct and supervise such plebiscite. Sec. 51. Officials of the City of Makati. — The present elective officials of the Municipality of Makati shall continue as the officials of the City of Makati and shall exercise their powers and functions until such time that a new election is held and the duly elected officials shall have already qualified and assumed their offices. Provided, the new city will acquire a new corporate existence. The appointive officials and employees of the City shall likewise continue exercising their functions and duties and they shall be automatically absorbed by the city government of the City of Makati. Sec. 52. Legislative Districts. — Upon its conversion into a highly urbanized city, Makati shall thereafter have at least two (2) legislative districts that shall initially correspond to the two (2) existing districts created under Sec. 3(a) of Republic Act No. 7166 as implemented by the Commission on Elections to commence at the next national elections to be held after the effectivity of this Act. Henceforth barangays Magallañes, Dasmariñas, and Forbes shall be with the first district, in lieu of Barangay Guadalupe-Viejo which shall form part of the second district. Sec. 53. Limitation. — Within three (3) years from the approval of this Act, no new racetrack, jai-alai fronton, gambling casino or cockpit shall be licensed or allowed to operate in the city. Sec. 54. Applicability of Laws. — The provisions of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, Presidential Decree No. 824, and other laws pertaining to Metropolitan Manila and such laws as are applicable to highly urbanized cities shall govern the City of Makati insofar, as they are not inconsistent with the provisions of this Act. Sec. 55. Reservation. — Nothing herein contained shall preclude the determination by the appropriate agency or forum of boundary disputes or cases involving questions of territorial jurisdiction between the City of Makati and any adjoining local government units even after the effectivity of this Act. Sec. 56. Effectivity Clause. — This Act shall take
effect upon its approval. Approved: July 19, 1994 |
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