Case Summary (G.R. No. 192398)
Corporate and General Powers of the City
The City is declared a political body corporate with perpetual succession and conferred with corporate attributes typical of a municipal corporation: to sue and be sued, to use a seal, to acquire, hold, lease, convey property, enter contracts and to exercise other powers granted by law, subject to the Act’s limitations. The City is authorized to levy taxes, open/close public ways, condemn property for public use, and to exercise powers attendant to corporate status.
Liability for Damages
The Act contains a provision (Sec. 5) stating that 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.” This is an affirmative statutory rule limiting municipal liability as expressed in the text of the Act.
Police Jurisdiction and Related Judicial Competence
For police purposes, the City’s jurisdiction is coextensive with its territorial limits. For protection of the City’s water supply, police jurisdiction is extended over territory in the drainage area of the water supply and over areas within 100 meters of reservoirs, conduits, canals, aqueducts or pumping stations used by the city water service. City courts have concurrent jurisdiction with adjoining city/municipal courts for offenses within such drainage area or 100-meter spaces, with the court first taking cognizance having exclusive trial jurisdiction. Police forces of adjacent units have concurrent enforcement authority in these zones; however, licenses issued within such zones are granted by the proper local authority and fees accrue to that local treasury.
City Officials: Positions and Appointment Mechanism
The Act enumerates elective and appointive city officers: city mayor, vice-mayor, sangguniang panlungsod members, secretary to the sangguniang panlungsod, city treasurer and assistant treasurer, city assessor and assistant assessor, city accountant, city budget officer, city urban development officer, city engineer, city health officer, city civil registrar, city administrator, city legal officer, city social welfare and development officer, and city general services officer. The city mayor is given authority to appoint additional officials listed in the Act, subject to sanggunian concurrence where specified. Appointive officials are generally subject to civil service laws and to qualifications, terms and duties set out in the Act.
Office of the City Mayor: Qualifications, Term and Powers
The city mayor is the chief executive, elected at large, must be at least 23 years old, an actual resident for at least one year prior to election, and a qualified voter. Term: three (3) years. Compensation floor: minimum monthly salary corresponding to salary grade 30 under RA 6758 and implementing guidelines. The Act lists extensive executive powers and duties, including: policy determination and program responsibility; formulation and implementation of the city development plan (with city development council assistance and sanggunian approval); presentation of annual government programs to the sanggunian; legislative initiative and information provision; appointment authority for local officials and employees (subject to sanggunian concurrence where applicable); representation of the City in contracts and obligations; emergency powers in disasters; administrative oversight, including examination of books and records of city offices and national officials stationed in the City (except classified records); reporting obligations to the Office of the President and Metropolitan Authority Council chairmen for executive orders and annual/supplemental reports; authority to solemnize marriages; responsibility for generation and prudent use of resources; issuing licenses and permits (with limitations); enforcement and administrative measures necessary for law and order; and performance of duties and powers under the Local Government Code of 1991.
City Vice-Mayor: Role, Qualifications and Succession
The city vice-mayor, elected in the same manner and with the same qualifications as the mayor, holds office for three years and receives compensation at salary grade 28. The vice-mayor presides over the sangguniang panlungsod, signs warrants for sanggunian expenditures, appoints sanggunian staff subject to civil service rules, assumes the mayoralty in case of permanent vacancy, exercises mayoral powers during temporary vacancy (with limitations), and performs other functions under the Local Government Code.
Sangguniang Panlungsod: Composition and Legislative Competence
Composition: presiding officer is the vice-mayor, regular sanggunian members, president of the city chapter of the liga ng mga barangay, president of the panlungsod na pederasyon ng mga sangguniang kabataan, and sectoral representatives (including one woman and others as determined). There shall be three (3) sectoral representatives (women; industrial workers; others such as urban poor or disabled), with elective members carrying the same qualifications as the mayor and vice-mayor.
Legislative powers include enactment of ordinances and resolutions for efficient city governance; review of barangay ordinances; maintenance of peace and order; imposition of fines and penalties (ordinance penalties expressly capped at P5,000 or imprisonment not exceeding one year or both); disaster relief and rehabilitation measures; public morals and environmental protection measures; staffing and compensation determinations for city officials/employees; legal assistance provisions for barangay officials; group insurance for barangay officials; fiscal powers to approve budgets and to enact local taxes, fees, charges, incentives and debt instruments (subject to Book II of the Local Government Code and majority vote requirements); powers over land use, zoning, subdivision plan processing (including deemed approval if national agency fails to act within 30 days), and integrated zoning; franchise powers (including licensing of cockpits, tricycle franchises subject to DOTr guidelines and granting preference to cooperatives); regulation of nuisances, sanitation, public markets, waterworks, traffic, public health measures (quarantine), solid waste management, jails, culture and senior citizen councils; and other powers under the Local Government Code.
Legislative Process, Internal Rules and Transparency
The sanggunian must adopt or update internal rules within 90 days after a regular session following elections. Rules must cover organization, standing committees (including but not limited to appropriations, revenues, engineering/public works, education/health, women/family, human rights, youth/sports, environment, peace/order/traffic, cooperatives), legislative calendar, process, parliamentary conduct, and discipline (including censure, suspension up to 60 days or expulsion for certain offenses; expulsion upon final conviction to at least one year imprisonment for crime involving moral turpitude). Members must disclose financial and business interests upon assumption of office and prior to participation in deliberations on matters affecting such interests; disclosures are recorded and form part of the public record. Regular sanggunian sessions must be fixed by resolution and held at least once weekly; special sessions may be called by the mayor or a majority of members; sessions are generally open to the public with exception for closed sessions by majority vote for specified reasons; journal and records must be kept and may be published.
Quorum, Voting, Ordinance Approval and Veto
A majority of elected and qualified sanggunian members constitutes a quorum. The presiding officer must call roll if quorum is questioned and may compel attendance of absent members by designating a member assisted by police to effect arrest for absent without justifiable cause; lack of quorum precludes transacting business. Ordinances are presented to the city mayor for signature; the mayor must communicate veto within ten (10) days or the ordinance is deemed approved. The mayor may veto ordinances on grounds of being ultra vires or prejudicial to public welfare and may exercise a line-item veto on appropriation items and certain monetary measures; the mayor may veto an ordinance or resolution only once. The sanggunian may override a mayoral veto by two-thirds (2/3) vote of all members.
Review and Enforcement of Barangay Ordinances
Barangay ordinances must be furnished to the sanggunian within ten (10) days after enactment. The sanggunian has thirty (30) days to act; failure to act deems the barangay ordinance approved. If found inconsistent with law or city ordinances, the sanggunian must return the ordinance with comments within thirty (30) days and effectivity of the barangay ordinance is suspended pending revision. Enforcement of any provision after disapproval is cause for suspension or dismissal of the official or employee responsible.
Effectivity, Publication and Posting Requirements
Unless otherwise stated, ordinances and resolutions take effect ten (10) days after posting on the city hall bulletin board and in at least two other conspicuous places in the City. The secretary of the sanggunian must cause posting within five (5) days after approval and record dates of approval and posting. The main features of ordinances (and the gist of penal provisions) must be published once in a local newspaper of general circulation; if none exists, publication in any newspaper of general circulation suffices.
Disqualifications for Elective Office and Succession Rules
Disqualifications include persons sentenced by final judgment for offenses involving moral turpitude or punishable by one year or more within two years after serving sentence; persons removed from office after administrative case; those convicted of violating oath of allegiance; dual citizens; fugitives f
Case Syllabus (G.R. No. 192398)
Title and Enacting Clause
- Identifies the statute as H. No. 12240, Republic Act No. 7854, approved January 2, 1995.
- States the purpose: converting the Municipality of Makati into a highly urbanized city to be known as the City of Makati.
- Declares the Act to be known as the Charter of the City of Makati (Section 1).
Article I — General Provisions: The City, Territory, and Corporate Character
- Declares conversion of the Municipality of Makati into a highly urbanized city to be called the City of Makati and refers to it as "the City" (Section 2).
- Defines the territorial composition of the City as the present territory of the Municipality of Makati in the Metropolitan Manila Area over which it has jurisdiction.
- Describes boundaries: northeast by Pasig River and beyond by City of Mandaluyong and Municipality of Pasig; southeast by municipalities of Pateros and Taguig; southwest by City of Pasay and Municipality of Taguig; northwest by City of Manila (Section 2).
- Provides that existing boundary disputes or territorial jurisdiction questions between Makati and adjoining local government units remain subject to resolution by the appropriate agency or forum (Section 2 and reservation Section 55).
- Declares the City to be a political body corporate with perpetual succession and possession of powers of a municipal corporation, to be exercised in conformity with the Charter (Section 3).
- Lists corporate powers of the City: continuous corporate name succession; to sue and be sued; use a corporate seal; acquire and convey real or personal property; enter into contracts; exercise other powers granted to corporations subject to Act and other laws (Section 3).
- Enumerates general powers: common seal (alterable), levy taxes, close/open public roads/streets/alleys/parks/squares; acquire/hold/lease/convey/dispose of property for general interest; condemn private property for public use; contract and be contracted with; sue and be sued; prosecute and defend to final judgment; exercise all powers granted to corporations or conferred later (Section 4).
- States limitation on liability: the City and its officials shall not be liable for death or injury to persons or damage to property caused as a consequence or result of discharge or performance of official functions within the scope of their duties (Section 5).
- Defines police jurisdiction: for police purposes, coextensive with territorial jurisdiction; for protection of water supply purity, jurisdiction extends over all territory within the drainage area of such water supply or within 100 meters of any reservoir, conduit, canal, aqueduct, or pumping station used in connection with city water service (Section 6).
- Establishes concurrent judicial and police arrangements for incidents within the drainage area or 100‑meter zone: city court has concurrent jurisdiction with adjoining city/municipal courts to try crimes/misdemeanors committed within the drainage area or 100 m. zone; court first taking cognizance shall have exclusive jurisdiction to try the case; police forces of several municipalities/cities have concurrent jurisdiction with City police for enforcement and maintenance of order within that zone (Section 6).
- Provides that licenses issued within the drainage/100 m. zone are granted by the proper authorities of the city or municipality concerned and that fees from such licenses accrue to the treasury of the granting city/municipality, not to the City of Makati (Section 6).
Article II — City Officials in General (Composition and Appointment)
- Enumerates elective and appointive offices to exist in the City: city mayor, vice-mayor, sangguniang panlungsod members, secretary to the sangguniang panlungsod, city treasurer and assistant city treasurer, city assessor and assistant city assessor, city accountant, city budget officer, city urban development officer, city engineer, city health officer, city civil registrar, city administrator, city legal officer, city social welfare and social development officer, city general services officer (Section 7(a)).
- Grants the city mayor the power to appoint additional offices including city architect, city information and community relations officer, city population officer, city environment and natural resources officer, city public safety officer, city international relations officer, city education officer, city youth and sports development officer, city veterinarian, and city cooperatives officer (Section 7(b)).
- Requires the City to maintain a city fire station headed by a city fire marshall and a city jail headed by a city jail warden (Section 7(c)).
- Permits the City to maintain existing offices not enumerated, create offices necessary to carry out City purposes, or consolidate functions of offices in the interest of efficiency and economy (Section 7(d)).
- Provides that, unless otherwise specified, all appointive city officials shall be appointed by the city mayor with concurrence of the majority of all sangguniang panlungsod members, subject to civil service law; the sangguniang panlungsod must act on appointments within 15 days or the appointment is deemed confirmed (Section 7(e)).
Article III — The City Mayor and Vice-mayor: Qualifications, Terms, Compensation, Powers, and Duties
- Sets qualifications for city mayor: at least 23 years of age at time of election, actual resident of the City for at least one year prior to election, and a qualified voter therein (Section 8).
- Establishes term: mayor holds office for three years unless sooner removed (Section 8).
- Prescribes minimum monthly compensation: corresponding to salary grade thirty (30) as prescribed under Republic Act No. 6758 and implementing guidelines (Section 8).
- Declares mayor the chief executive of the City and lists extensive powers and duties (Section 8(a)–(e)):
- Policy and planning powers: determine guidelines of city policies; responsible to sangguniang panlungsod for government program; direct formulation of city development plan with the city development council and implement once sanggunian-approved (8(a)(1)-(2)).
- Legislative interaction: present program of government and propose policies/projects at opening of regular sanggunian session annually and as needed; initiate and propose legislative measures and provide information/data requested by sanggunian (8(a)(3)-(4)).
- Appointment and representation powers: appoint officials and employees whose salaries are paid out of city funds (and appointments not otherwise provided by Act); represent City in business transactions; sign bonds, contracts, obligations and other documents on authority of sanggunian or pursuant to law (8(a)(5)-(6)).
- Emergency and administrative powers: carry out emergency measures during/after disasters; determine time/manner/place of salary payments; allocate office space; ensure faithful discharge of duties by executive officials and employees and institute administrative/judicial proceedings against errants; examine books, records and other documents of all offices and require national officials/employees stationed in City to make available records in their custody except those classified by law as confidential (8(a)(7)-(11)).
- Reporting and inspection duties: furnish copies of executive orders to Office of the President and Metropolitan Authority Council chairman within 72 hours; visit component barangays at least once every six months for inspection and counsel; act on leave applications and commutation of leave credits; authorize official trips of city officials/employees outside City for up to 30 days subject to Local Government Code for longer/abroad trips (8(a)(12)-(15)).
- Coordination and accountability: call upon national officials/employees stationed in City to advise and coordinate; may initiate administrative/judicial action against national officials/employees who commit offenses while stationed in City; authorize payment for medical care and related expenses of city officials/employees injured in performance of duties subject to availability of funds; solemnize marriages notwithstanding any contrary law; conduct annual palarong panlungsod in coordination with Department of Education, Culture and Sports (8(a)(16)-(19)).
- Reporting requirements: submit annual report summarizing matters pertinent to management, administration and development of the City and supplemental reports for unexpected events, especially disasters, to Metropolitan Authority Council chairmen and Office of the President (8(a)(20)).
- Law enforcement and public order powers: enforce laws and ordinances; ensure acts of barangays and officials are within scope of powers; call conventions/seminars of officials; issue executive orders; be entitled to carry necessary firearm within territorial jurisdiction; act as deputized representative of National Police Commission to formulate and implement peace and order plan and exercise general and operational control and supervision over local police forces under RA 6975; call upon appropriate law enforcement agencies to suppress disorder or apprehend violators when public interest requires and city police force is inadequate (8(b)(1)-(6)).
- Fiscal and revenue management: require heads of offices to prepare appropriation estimates; prepare and submit executive and supplemental budgets to sanggunian; ensure tax and revenue collection and proper application of city funds; issue, suspend or revoke licenses and permits pursuant to law or ordinance; issue permits for charitable/welfare activities without need for national approval except prohibited games or shows; require owners of illegally constructed structures to obtain permits, impose fines or order demolition as necessary; adopt measures to safeguard and conserve city resources; provide efficient property and supply management; institute administrative/judicial proceedings for violation of ordinances in tax collection and for recovery of funds and property and defend City against suits (8(c)(1)-(9)).
- Basic services and coordination