Case Summary (Republic Act No. 7854)
General Provisions of the Act
Under Section 1, it is declared that the Act constitutes the Charter of the City of Makati. Section 2 designates the territorial boundaries of the City of Makati, outlining its jurisdiction and emphasizing the need for resolution of any existing boundary disputes with surrounding local government units.
Corporate and General Powers
Section 3 defines the City’s corporate powers, including its ability to sue, acquire property, enter contracts, and execute any powers typically attributed to a municipal corporation. Section 4 grants the city authority to levy taxes, manage public properties, and exercise various municipal powers to serve the public interest.
Liability and Jurisdiction
Section 5 provides that the City and its officials are exempt from liability concerning injuries or damages arising from the performance of their official duties. Section 6 delineates the City’s jurisdictional boundaries for police purposes, including an extended area for protecting the city’s water supply.
City Officials
Section 7 outlines the structure and composition of the city government. Key officials include the City Mayor, Vice Mayor, city councilors, and various department heads with specific qualifications and responsibilities. Sections 8 and 9 describe the roles, powers, and functions of the City Mayor and Vice Mayor, establishing the mayor as the chief executive officer with substantial governance responsibilities.
Legislative Body – Sangguniang Panlungsod
Section 10 establishes the Sangguniang Panlungsod as the legislative body of the City, comprising the Vice Mayor and council members. The legislative powers include the creation of ordinances necessary for effective local governance, as noted in various subsections detailing their functions, approvals, and social welfare objectives.
Process of Legislation
Sections 11 to 19 cover legislative procedures, including internal rules of procedure, full disclosure of interests for council members, the scheduling of sessions, quorum requirements, and the process of ordinance approval and veto power of the Mayor. These sections are essential in ensuring transparency, accountability, and proper governance.
Disqualifications and Succession
Sections 20 to 23 specify disqualifications for elective city officials and the procedures for filling vacancies in the offices of Mayor, Vice Mayor, and the Sanggunian. They clarify the conditions under which individuals can be disqualified from holding office and the measures for succession within the city government.
City Office Establishment and Responsibilities
Sections 24 to 46 list the various offices and their functions within the City government, detailing the qualifications and responsibilities of officials in different departments, such as health, urban development, engineering, education, public safety, and social welfare. This structure is designed to enhance the efficiency and efficacy of city governance.
The City Fire Station and Jail Service
Sections 47 and 48 establish provisions for th
...continue readingCase Syllabus (Republic Act No. 7854)
Background and Legislative Intent
- Republic Act No. 7854 was enacted on January 2, 1995, aimed at converting the Municipality of Makati into a highly urbanized city.
- The Act reflects the legislative intent to enhance local governance and promote the socio-economic development of the City of Makati.
Article I: General Provisions
Title and Definition
- The Act is officially titled the Charter of the City of Makati.
- The City encompasses the current territory of the Municipality of Makati, detailing its boundaries with adjacent municipalities and cities.
Corporate Powers
- Establishes the City of Makati as a political body corporate with perpetual succession and municipal corporation powers.
- Enumerates specific corporate powers, including the ability to sue and be sued, acquire property, and enter into contracts.
General Powers
- Grants the City powers to levy taxes, manage public spaces, and administer properties for public interest.
- Includes provisions for the City to condemn private property for public use.
Liability for Damages
- Protects the City and its officials from liability for damages resulting from the performance of their official duties within their scope of authority.
Jurisdiction
- Defines the police jurisdiction of the City, extending to adjacent water supply areas and establishing concurrent jurisdiction with neighboring municipalities for law enforcement.
Article II: City Officials in General
- Outlines the structure of the government of Makati, including the roles of the city mayor, vice-mayor, and various city officials.
- Specifies the powers, functions, and appointment process for city officials, emphasizing the role of the city mayor in governance.
Article III: The City Mayor and Vice Mayor
City Mayor
- Elected at large and serves as the chief executive.
- Specifies qualifications, term limits, and powers, including policy formulation, budget preparation, and emergency response.
City Vice Mayor
- Serves as the presiding officer of the sangguniang panlungsod and has simil