[ REPUBLIC ACT No. 7854, January 02, 1995 ] AN ACT CONVERTING THE MUNICIPALITY OF MAKATI INTO a HIGHLY URBANIZED CITY TO BE KNOWN AS THE CITY OF MAKATI Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: ARTICLE I GENERAL PROVISIONS
Section 1. Title
This Act shall be known as the Charter of the City of Makati.
Section 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. The foregoing provision shall be without prejudice to the resolution by the appropriate agency or forum of existing boundary disputes or cases involving questions of territorial jurisdiction between the City of Makati and the adjoining local government units.
Section 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: (a) to have a continuous succession in its corporate name; (b) to sue and be sued; (c) to have and use a corporate seal; (d) to acquire and convey real or personal property; (e) to enter into contracts; and (f) to exercise such other powers as are granted to corporations, subject to the limitations provided in this Act and other laws.
Section 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 to 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.
Section 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.
Section 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, and spaces. But any license that may be issued within 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 CITY OFFICIALS IN GENERAL
Section 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 urban development officer, a city engineer, a city health 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 be headed by a city fire mar shall 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 THE CITY MAYOR AND VICE-MAYOR
Section 8. The City Mayor
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:
Section 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. The vice-mayor shall: (a) Act as presiding officer of the sangguniang panlungsod and sign all warrants drawn on the city treasury for all expenditures appropriated for the operation of the sangguniang panlungsod; (b) Subject to civil service law, rules and regulations, appoint all officials and employees of the sangguniang panlungsod, except those whose manner of appointment is specifically provided for under existing laws; (c) Assume the office of the city mayor for the unexpired term of the latter in the event of permanent vacancy; (d) Exercise the powers and perform the duties and functions of the city mayor in cases of temporary vacancy; 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. ARTICLE IV THE SANGGUNIANG PANLUNGSOD
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 the 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:
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 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 the 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:
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 therefor 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 DISQUALIFICATIONS AND SUCCESSION OF ELECTIVE CITY OFFICIALS
Section 20. Disqualifications for Elective 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.
Section 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. A tie between or among the highest ranking sangguniang panlungsod members shall be resolved by the drawing of lots. The successors as defined herein shall serve only the unexpired terms of their predecessors. For purposes of this Act, a permanent vacancy arises when an elective local official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns or is otherwise permanently incapacitated to discharge the functions of his office. For purposes of succession as provided in this Act, ranking in the sanggunian shall be determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in the City in the immediately preceding local election.
Section 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: a. the President, through the Executive Secretary, shall make the aforesaid appointment; b. Only the nominee of the political party under which the sanggunian member concerned had been elected shall be appointed in the manner herein provided. the appointee shall come from the same political party as that of the sanggunian member who caused the vacancy and shall serve the unexpired term of the vacant office. in the appointment herein mentioned, a nomination and a certificate of membership of the appointee from the highest official of the political party concerned are conditions sine qua non, and any appointment without such nomination and certification shall be null and void ab initio and shall be a ground for administrative action against the official responsible therefor; c. in case the permanent vacancy is caused by a sanggunian member who does not belong to any political party, the city mayor shall, upon recommendation of the sangguniang panlungsod, appoint a qualified person to fill the vacancy; and d. in case of vacancy in the representation of the youth and the barangay in the sangguniang panlungsod, said vacancy shall be filled automatically by the official next in rank of the organization concerned.
Section 23. Temporary Vacancy in the Office of the City Mayor
a. 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. b. Said temporary incapacity shall terminate upon submission to the sangguniang panlungsod of a written declaration by the city mayor that he has reported back to office. in cases where the temporary incapacity is due to legal causes, the city mayor shall also submit necessary documents showing that said legal causes no longer exist. c. When the city mayor is traveling within the country but outside his territorial jurisdiction for a period not exceeding three (3) consecutive days, he may designate in writing the officer-in-charge of his office. Such authorization shall specify the powers and functions that the local official concerned shall exercise in the absence of the city mayor except the power to appoint, suspend, or dismiss employees. d. in the event, however, that the city mayor fails or refuses to issue such authorization, the city vice-mayor, or the highest ranking sangguniang panlungsod member, as the case may be, shall have the right to assume the powers, duties and functions of the said office on the fourth day of absence of the city mayor, subject to the limitations provided in subsection (c) hereof. e. Except as provided above, the city mayor shall in no case authorize any local official to assume the powers, duties, and functions of the office, other than the city vice-mayor, or the highest ranking member of the sangguniang panlungsod, as the case may be. Article VII CITY OFFICES IN GENERAL
Section 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:
Section 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.
Section 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. The city treasurer shall be under the administrative supervision of the city mayor, to whom he shall report regularly on the tax collection efforts of the City. No person shall be appointed treasurer 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 commerce, public administration or law from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in treasury or accounting service for at least five (5) years in the case of the city treasurer. The city treasurer shall receive such compensation, emoluments, and allowances as may be determined by law. The city treasurer shall take charge of the city finance department and shall: a. Advise the city mayor, the sangguniang panlungsod, and other local government and national officials concerned regarding disposition of local government funds and on such other matters relative to public finance; b. Take custody and exercise proper management of the funds of the City; c. Take charge of the disbursement of all funds of the City and such other funds the custody of which may be entrusted to him by law or other competent authority; d. Inspect private commercial and industrial establishments within the jurisdiction of the City in relation to the implementation of tax ordinances, pursuant to the provisions of the Local Government Code; e. Maintain and update the tax information system of the City; 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.
Section 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. No person shall be appointed assistant city treasurer 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 commerce, public administration, or law from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired at least five (5) years experience in treasury or accounting. The assistant city treasurer shall receive such compensation, emoluments, and allowances as maybe determined by law. The assistant city treasurer shall assist the city treasurer and perform such other duties as the latter may assign him. He shall have authority to administer oaths concerning notices and notifications to those delinquent in the payment of the real property tax and concerning official matter relating to the accounts of the city treasurer or otherwise arising from the offices of the city treasurer and the city assessor.
Section 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. The city assessor shall receive such compensation, emoluments and allowances as may be determined by law. The city assessor shall take charge of the city assessment department, and shall: a. Ensure that all laws and policies governing the appraisal and assessment of real properties for taxation purposes are properly executed; b. Initiate, review, and recommend changes in policies and objectives, plans and programs, techniques, procedures and practices in the valuation and assessment of real properties for taxation purposes; c. Establish a systematic method of real property assessment; d. Install and maintain a real property identification and accounting system; e. Prepare, install, and maintain a system of tax mapping, showing graphically all properties subject to assessment and gather all data concerning the same; f. Conduct frequent physical surveys to verify and determine whether all real properties within the City are properly listed in the assessment rolls; g. Exercise the functions of appraisal and assessment primarily for taxation purposes of all real properties in the City; h. Prepare a schedule of the fair market value of the different classes of real properties in accordance with the provisions of the Local Government Code; i. Issue, upon request of any interested party, certified copies of assessment records of real property and all other records relative to its assessment, upon payment of a service charge or fee to the city treasurer; j. Submit every semester a report of all assessments, as well as cancellations and modifications of assessments, to the city mayor and the sangguniang panlungsod; and k. 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.
Section 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 or in any related field for at least three (3) years immediately preceding the day of his appointment. The assistant city assessor shall receive such compensation, emoluments, and allowances as may be determined by law. The assistant city assessor shall assist the city assessor and perform such other duties as the latter may assign to him. He shall have the authority to administer oaths on all declarations of real property for purposes of assessment.
Section 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. The city accountant shall receive such compensation, emoluments, and allowances as may be determined by law. The city accountant shall take charge of both the office on accounting and internal audit services and shall: a. Install and maintain an internal audit system in the City; b. Prepare and submit financial statements to the city mayor, and to the sangguniang panlungsod; c. Apprise the sangguniang panlungsod and other officials on the financial condition and operations of the City; d. Certify to the availability of budgetary allotment of which expenditures and obligations may be properly charged; e. Review supporting documents before preparation of vouchers to determine completeness of requirements; f. Prepare statements of cash advances, liquidation, salaries, allowances, reimbursements, and remittances pertaining to the City; g. Post individual disbursements to the subsidiary ledger and index cards; h. Maintain individual ledgers for officials and employees of the City pertaining to payrolls and deductions; i. Record and post in index cards details of purchased furniture, fixtures, and equipment, including disposal thereof, if any; j. Account for all issued requests for obligations and maintain and keep all records and reports related thereto; k. Prepare journals and the analysis of obligations and maintain and keep all records and reports related thereto; and l. 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.
Section 31. The City Budget Officer
the city budget 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 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. The city budget officer shall receive such compensation, emoluments, and allowances as may be determined by law. The city budget officer shall take charge of the city budget department and shall:
Section 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. The city urban development officer shall receive such compensation, emoluments, and allowances as maybe determined by law. The city urban development officer shall take charge of the city urban development department and shall: a. Formulate integrated economic, social, physical, and other development plans and policies for consideration of the City; b. Conduct continuing studies, researches, and training programs necessary to evolve plans and programs for implementation; c. Integrate and coordinate all sectoral plans and studies undertaken by the different functional groups of agencies; d. Monitor and evaluate the implementation of the different development programs, projects, and activities in the City in accordance with the approved development plan; e. Prepare comprehensive plans and other development planning documents for the consideration of the local development council; f. Analyze the income and expenditure patterns, and formulate and recommend fiscal plans and policies for consideration of the finance committee of the sangguniang panlungsod; g. Promote people participation in development planning within the City; and h. 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.
Section 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. The city engineer shall receive such compensation, emoluments, and allowances as may be determined by law. The city engineer shall take charge of the city engineering and public works department and shall: a. Initiate, review and recommend changes in policies and objectives, plans and programs, techniques, procedures, and practices in infrastructure development and public works in general of the City; b. Advise the city mayor on infrastructure, public works, and other engineering matters; c. Administer, coordinate, supervise, and control the construction, maintenance, improvement, and repair of roads, bridges, and other engineering and public works projects of the City; d. Provide engineering services to the City, including investigation and survey, engineering designs, feasibility studies, and project management; 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.
Section 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. The city health officer shall receive such compensation, emoluments, and allowances as may be determined by law. The city health officer shall take charge of the city health department and shall: a. Supervise the personnel and staff of said office, formulate program implementation guidelines and rules and regulations for the operation of the said office for the approval of the city mayor, in order to assist him in the efficient, effective, and economical implementation of a health services program geared to implementation of health-related projects and activities; b. Formulate measures for the consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor, in carrying out activities to ensure the delivery of basic services and provision of adequate facilities relative to health services; c. Develop plans and strategies, and upon approval thereof by the city mayor, implement the same, particularly those which have to do with health programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide; d. Be in the frontline of the delivery of health services, particularly during and in the aftermath of man-made and natural disasters and calamities; 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.
Section 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. The city civil registrar shall receive such compensation, emoluments, and allowances as may be determined by law. The city civil registrar shall be responsible for the civil registration program in the City of Makati, pursuant to the civil registry law, the civil code, and other pertinent laws, rules and regulations issued to implement them. The city civil registrar shall take charge of the office of the city civil registry and shall: a. Develop plans and strategies, and upon approval thereof by the city mayor, implement the same, particularly those which have to do with civil registry programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide; and b. 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.
Section 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. The city administrator shall receive such compensation, emoluments, and allowances as may be determined by law. The city administrator shall take charge of the office of the city administrator and shall: a. Develop plans and strategies, and upon approval thereof by the city mayor, implement the same, particularly those which have to do with the management and administration-related programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide; b. Be in the frontline of the delivery of administrative support services, particularly those related to the situations during and in the aftermath of man-made and natural disasters and calamities; c. Recommend to the sangguniang panlungsod and advise the city mayor on all matters relative to the management and administration of the City; and d. 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.
Section 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. The city legal officer shall receive such compensation, emoluments, and allowances as may be determined by law. The city legal officer, the chief legal counsel of the City, shall take charge of the office for legal department, and shall: a. Formulate measures for the consideration of the sangguniang panlungsod and provide legal assistance and support to the city mayor in carrying out the delivery of basic services and provisions of adequate facilities; b. Develop plans and strategies, and upon approval thereof by the city mayor, implement the same, particularly those which have to do with programs and projects related to legal services which the city mayor is empowered to implement and which the sangguniang panglungsod is empowered to provide; c. Recommend measures to the sangguniang panlungsod and advise the city mayor on all matters related to upholding the rule of law; d. Be in the frontline of protecting human rights and prosecuting any violations thereof, particularly those which occur during and in the aftermath of man-made or natural disasters and calamities; 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.
Section 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. The city social welfare and development officer shall receive such compensation, emoluments, and allowances as may be determined by law. The city social welfare and development officer shall take charge of the social welfare department and shall: a. Formulate measures for the approval of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensure the delivery of basic services and provision of adequate facilities relative to social welfare and development services; b. Develop plans and strategies, and upon approval thereof by the city mayor, implement the same, particularly those which have to do with social welfare programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide; c. Be in the frontline of service delivery, particularly those which have to do with immediate relief during and in assistance in the aftermath of man-made and natural disasters and natural calamities; d. Recommend to the sangguniang panlungsod and advise the city mayor on all other matters related to social welfare and development services which will improve the livelihood and living conditions of the inhabitants; 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.
Section 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. The city environment and natural resources officer shall receive such compensation, emoluments, and allowances as may be determined by law. The city environment and natural resources officer shall take charge of the environmental services department and shall: a. Formulate measures for the consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensure the delivery of basic services and provision of adequate facilities relative to environment and natural resources services; b. Develop plans and strategies, and upon approval thereof by the city mayor, implement the same, particularly those which have to do with environment and natural resources programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide; c. Be in the frontline of the delivery of services concerning the environment and natural resources, particularly in the renewal and rehabilitation of the environment during and in the aftermath of man-made and natural disasters and calamities; d. Recommend to the sangguniang panlungsod and advise the city mayor on all matters relative to the protection, conservation, maximum utilization, application of appropriate technology and other matters related to the environment and natural resources; 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.
Section 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. The city architect shall receive such compensation, emoluments, and allowances as may be determined by law. The city architect shall take charge of the office on architectural planning and design and shall: a. Formulate measures for the consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensure the delivery of basic services and provisions of adequate facilities relative to architectural planning and design; b. Develop plans and strategies, and upon approval thereof by the city mayor, implement the same, particularly those which have to do with architectural planning and design programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide; c. Be in the frontline of the delivery of services involving architectural planning and design, particularly those related to the redesigning of spatial distribution of basic facilities and physical structures during and in the aftermath of man-made and natural disasters and calamities; d. Recommend to the sangguniang panlungsod and advise the city mayor on all other matters relative to architectural planning and design as it relates to the total socioeconomic development of the City; 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.
Section 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. The city information and community relations officer shall receive such compensation, emoluments, and allowances as may be determined by law. The city information and community relations officer shall take charge of the city information and community relations department and shall: a. Formulate measures for the consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor in providing the information and research data required for the delivery of basic services and provision of adequate facilities so that the public becomes aware of said services and may fully avail of the same; b. Develop plans and strategies, and upon approval thereof by the city mayor, implement the same, particularly those which have to do with public information and research data to support programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide; c. Be in the frontline in providing information during and in the aftermath of man-made and natural disasters and calamities, with special attention to the victims thereof, to help minimize injuries and casualties during and after the emergency, and to accelerate relief and rehabilitation; d. Recommend to the sangguniang panlungsod and advise the city mayor on all other matters relative to public information and research data as it relates to the total socioeconomic development of the City; 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.
Section 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. The city cooperative officer shall receive such compensation, emoluments, and allowances as may be determined by law. The city cooperative officer shall take charge of the office for the development of cooperatives and shall: a. Formulate measures for the consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensure the delivery of basic services and provision of facilities through the development of cooperatives, and in providing access to such services and facilities; b. Develop plans and strategies, and upon approval thereof by the city mayor, implement the same, particularly those which have to do with the integration of cooperative principles and methods in programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide; c. Be in the frontline of cooperatives organization, rehabilitation or viability-enhancement, particularly during and in the aftermath of man-made and natural calamities and disasters, to aid in their survival and, if necessary, subsequent rehabilitation; d. Recommend to the sangguniang panlungsod and advise the city mayor on all other matters relative to cooperatives development and viability-enhancement which will improve the livelihood and quality of life of the inhabitants; 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.
Section 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 or responsible parenthood for at least three (3) years immediately preceding the date of his appointment. The city population officer shall receive such compensation, emoluments, and allowances as may be determined by law. The city population officer shall take charge of the office on population development and shall: a. Formulate measures for the consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensure the delivery of basic services and provision of adequate facilities relative to the integration of the population development, principles and in providing access to said services and facilities; b. Develop plans and strategies, and upon approval thereof by the city mayor, implement the same, particularly those which have to do with the integration of population development principles and methods in programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide; and c. 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.
Section 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. The city veterinarian shall receive such compensation, emoluments, and allowances as may be determined by law. The city veterinarian shall take charge of the office of veterinary services and shall: a. Formulate measures for the consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensure the delivery of basic services and provision of adequate facilities; b. Develop plans and strategies, and upon approval thereof by the city mayor, implement the same, particularly those which have to do with veterinary related activities which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide; c. Be in the frontline of veterinary related activities, such as the outbreak of highly-contagious and deadly diseases and in situations resulting in the depletion of animals for work and human consumption, particularly those arising from and in the aftermath of man-made and natural disasters and calamities; d. Recommend to the sangguniang panlungsod and advise the city mayor on all other matters relative to veterinary services which will increase the number and improve the quality of livestock, poultry and other domestic animals used for work or human consumption; 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.
Section 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. The city general services officer shall receive such compensation, emoluments, and allowances as maybe determined by law. The city general services officer shall take charge of the office on general services and shall: a. Formulate measures for the consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensure the delivery of basic services and provision of adequate facilities which require general services expertise and technical support services; b. Develop plans and strategies, and upon approval thereof by the city mayor, implement the same, particularly those which have to do with general services supportive of the welfare of the inhabitants of the City which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide; c. Take custody of and be accountable for all properties, real or personal, owned by the City, and those granted to it in the form of donation, reparation, assistance, and counterpart of joint projects; d. Be in the frontline of general services related activities, such as the possible or imminent destruction or damage to records, supplies, properties, and structure materials or debris, particularly during and in the aftermath of man-made and natural disasters and calamities; e. Recommend to the sangguniang panlungsod and advise the city mayor on all other matters relative to general services; 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.
Section 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: a. the City Education Officer - the city education 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 in education or any other related course from a recognized college or university and a first grade civil service eligible or its equivalent. He must have practiced his profession for at least five (5) years immediately preceding the date of his appointment. The city education officer shall receive such compensation, emoluments, and allowances as may be determined by law. The city education officer shall take charge of the city education department and shall:
Section 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 service 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.
Section 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 transfer to the national penitentiary, and/or violent mentally-ill person who endangers himself or the safety of others, duly certified as such as by the proper medical health officer, pending the transfer to a mental institution. The city jail service shall be headed by a city jail warden who must be a graduate of a four-year course in psychology, psychiatry, sociology, nursing, social work or criminology who shall assist in the immediate rehabilitation of individuals or detention of prisoners. Great care must be exercised so that the human rights of these prisoners are respected and protected, and their spiritual and physical well-being are properly and promptly attended to. Article X TRANSITORY AND FINAL PROVISIONS
Section 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.
Section 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.
Section 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.
Section 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 Section 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 Magallanes, Dasmari-as, and Forbes shall be with the first district, in lieu of Barangay Guadalupe-Viejo which shall form part of the second district.
Section 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.
Section 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.
Section 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 of the adjoining local government units even after the effectivity of this Act.
Section 56. Effectivity Clause
This Act shall take effect upon its approval.
Approved, January 2, 1995.
For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.