AN ACT CONVERTING THE MUNICIPALITY OF MAKATI INTO a HIGHLY URBANIZED CITY TO BE KNOWN AS THE CITY OF MAKATI

[ 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:

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.

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:

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:

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:

Article V
PROCESS OF LEGISLATION

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:

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:

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:

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:

Section 23. Temporary Vacancy in the Office of the City Mayor. -

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:

The City shall likewise establish the following offices:

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
THE APPOINTIVE OFFICIALS OF THE CITY; THEIR QUALIFICATIONS, POWERS AND DUTIES

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:

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:

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:

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:

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:

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:

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:

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:

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:

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:

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:

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:

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:

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:

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:

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:

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:

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:

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:

Article IX
THE CITY FIRE STATION SERVICE AND THE CITY JAIL SERVICE

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.

(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.

(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:

(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.

(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;

(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:

(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:

(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:

(d) Ensure the delivery of basic services and the provision of adequate facilities and, in addition thereto:

(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;

(1) Ensure that the acts of the City's component barangays 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;

(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 therefor 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;

(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.

(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.