Republika ng Pilipinas LUNGSOD NG MAKATI SANGGUNIANG PANLUNGSOD OF MAKATI PRESENT: Vice Mayor HON. MONIQUE YAZMIN MARIA Q. LAGDAMEO ~ Presiding Officer Councilor HON. DENNIS B, ALMARIO Councilor HON. MARIA DOLORES M. ARAYON Councilor HON. MARTIN JOHN PIO Q. ARENAS Councilor HON. SHIRLEY C. ASPILLAGA Councilor HON. BENEDICT B. BANIQUED Councilor HON. ARNOLD J. CRUZ Councilor HON. ISRAEL S. CRUZADO Councilor HON. VIRGILIO V. HILARIO, JR. Councilor HON. LUIS S. JAVIER, JR. Councilor HON. LEONARDO M. MAGPANTAY Councilor HON. ARMANDO P. PADILLA Councilor HON. TOSCA CAMILLE T. PUNO-RAMOS Councilor HON. RENE ANDREI Q. SAGUISAG, JR. Councilor HON. KRISTINA T. SAROSA Councilor HON. JOSE C. VILLENA, IV Councilor HON. ANNA ALCINA M. YABUT LnB President HON. MARIBEL F. VITALES SK President HON. RODOLFO C. SAN PEDRO, JR. ALSO IN ATTENDANCE: Secretary to the ATTY. DINDO R. CERVANTES Sanggunian Upon motion of Hon. A.P. Padilla, duly seconded, the Sangguniang Panlungsod of Makati, by a majority vote, approved City Ordinance No, 2022-005 on third and final reading, CLTY ORDINANCE NO. 2022-005, Authors: Hon, A.P. Padilla, Hon. RA.Q. Saguisag, Jr, Hon. B.B. Baniqued, Hon. V.V. Hilario, Jr, Hon. LS. Javier, Jr, Hon. AJ. Cruz, Hon. M,.P.Q. Arenas, Hon. M.D.M. Arayon, Hon. D.B, Almario, Hon. K.T. Sarosa, Hon. A.A.M, Yabut and Hon. R.C. San Pedro, Jr, AN ORDINANCE REGULATING THE MOBILITY OF UNVACCINATED INDIVIDUALS IN THE CITY OF MAKATI, SUBJECT TO EXISTING LAWS, RULES AND REGULATIONS. Page |1 CLTY ORDINANCE NO, 2022-005 “Ang Makati ay para sa kapwa ko tage Makati,”WHEREAS, Section 15, Article Il of the 1987 Philippine Constitution provides that "(T)he State shall protect and promote the right to health of the people and instill health consciousness among them. WHEREAS, Section 10 (a) (4) of R.A. 7854, otherwise known as the Charter of the City of Makati, provides that the Sangguniang Panlungsod shall approve ordinances and pass resolutions necessary for an efficient and effective government and, in this connection, shall adopt measures to protect the inhabitants of the City from the harmful effects of man-made or natural disasters and calamities and to provide relief services and assistance for victims during and in the aftermath of said disasters or calamities and in their return to productive livelihood following said events; WHEREAS, the Metro Manila Council (MMC), on 2 January 2022, approved a Resolution urging the Metro Manila Local Government Units to enact their respective ordinances on the enhanced vaccination mandate to regulate the mobility of unvaccinated individuals in the National Capital Region; WHEREAS, despite the availability of vaccines and the intense vaccination drive being implemented by the government, both national and local, there is still a number of individuals who adamantly opt not to be vaccinated and thus, become more susceptible to severe cases of COVID-19 infection which will in turn require hospital care thereby unduly burdening the health care system to the detriment of public health; WHEREAS, there is an urgent need to regulate the mobility of unvaccinated individuals in NCR for the protection of public health, promotion of general welfare, and sustainability of an improving economy; WHEREAS, the Sangguniang Panlungsod of Makati, in consideration of the importance of health and safety of every Makatizen, deems it necessary to enact this Ordinance to protect the Makatizens and all individuals within the territorial jurisdiction of the City of Makati against the harmful effects of COVID-19, NOW THEREFORE, BE IT ENACTED, AS IT IS HEREBY ENACTED BY THE SANGGUNIANG PANLUNGSOD OF MAKATI, METRO MANILA, BY VIRTUE OF THE POWERS VESTED INIT BY LAW, IN SESSION ASSEMBLED, that: Section 1, Short Title. This Ordinance shall be known as the “Regulated Mobility of Unvaccinated Individuals in the City of Makati”. Section 2, Purpose. The primary purpose of this Ordinance is to ensure the health, safety, and security of persons within the territorial jurisdiction of the City of Makati by regulating the mobility of unvaccinated individuals who are more susceptible to severe cases of COVID- 19 infection. Section 3. Coverage. This Ordinance shall apply to all persons residing, working and/or travelling within the City of Makati Further, this Ordinance shall be in force and effect while the COVID-19 alert level in the City of Makati is at Alert Level 3, its equivalent, or higher and shall be automatically lifted once Alert Level 2, its equivalent, or lower is declared. Section 4, Restrictions to Unvaccinated Individuals. Unvaccinated individuals in the City of Makati shall: MMC/MMDA Resolution 21, Series of 2021 dated 2 January 2022 -zXa) Remain in their residences at all times except for the procurement of essential goods and services such as, but not limited to, food, water, medicine, medical devices, public utilities, energy, work, and medical and dental necessities; Provided, however, that individual outdoor exercise shall be allowed within the general area of their residence, e. g, within the barangay, purok, subdivision, or village subject to the guidelines that may be Issued by competent authorities; b) Be prohibited in indoor and outdoor/al fresco dining in restaurants and other food establishments and shall likewise be prohibited from leisure or social trips to malls, hotels, event venues, sports and country clubs, and similar facilities in accordance with the guidelines of competent authorities and the concerned establishments; ©) Be prohibited in domestic travel via public transportation by land, sea, and air except for the procurement of essential goods and services such as, but not limited to, food, water, medicine, medical devices, public utilities, energy, work, and medical and dental necessities subject to the production of proof to support and justify such travel; and 4) Be required to undergo a Reverse Transcription Polymerase Chain Reaction (RT PCR) test every two (2) weeks at their personal expense and present a COVID- 19 negative result prior to being admitted for work onsite consistent with the guidelines, rules, and regulations issued by competent authorities; Provided, however, that in the event that the RT PCR test and/or result is/are not immediately available, a Rapid Antigen Test may be utilized in lieu thereof. Section 5, Penalties. Without prejudice to other penalties that may be imposed under applicable laws, rules, and regulations, any person who shalll violate or abet any other person to defy any of the provisions of this Ordinance shall be penalized with the following: First Offense A fine of Three Thousand Pesos (Php 3,000.00) Second Offense A fine of Four Thousand Pesos (Php 4,000.00) A fine of Five Thousand Pesos (Php 5,000.00) or imprisonment for a period not exceeding six (6) months or both at the discretion of the court. ‘Third and Succeeding Offenses Further, any individual or establishment who or which will falsify the COVID-19 vaccine card, or abet any other person to do the same, shall be prosecuted under Act No. 3815, otherwise known as the Revised Penal Code, as amended, pursuant to Section 12 of R.A. No. 11525, otherwise known as the COVID-19 Vaccination Program Act of 2021. In case the violator is a minor: a) On minor's first offense, the parent/guardian shall be admonished by the Punong Barangay. The parent/guardian shall also be required to attend a Parent Effectiveness Seminar or any other related parenting seminar. Failure to attend the seminar shall cause the suspension of benefits provided by the City Government of Makati. b) On minor's second offense, the parent/guardian shall be ordered to pay a fine of Four Thousand Pesos (Php 4,000.00). | Page |3©) On minor's third and succeeding offenses, the parent/guardian shall be ordered to pay a fine of Five Thousand Pesos (Php 5,000.00) and/or a maximum of six (6) months imprisonment upon the discretion of the court. ‘The minor, together with his/her parent or guardian, shall be referred to the Makati Social Welfare Department (MSWD) for assessment as well as for the necessary intervention and rehabilitation programs. In the event of failure of the minor and his/her parent or guardian to comply with the agreed intervention program, the MSWD shall consider the minor as a Child at Risk or CAR and it shall have the option to file a petition for the minor's involuntary or voluntary commitment in court. Section 6, Separability Clause. The provisions of this Ordinance are hereby deemed separable. If any provision hereof should be declared invalid or unconstitutional, the remaining provisions shall remain in full force and effect. Section 7, Repealing Clause. All ordinances, resolutions and executive orders which are inconsistent with any of the provisions of this Ordinance are hereby repealed or modified accordingly. Section 8, Effectivity. This Ordinance shall take effect immediately upon its approval Let copies of this Ordinance be furnished to the Office of the Mayor, City Administrator’s Office, Law Department, Makati Health Department (MHD), Public Safety Department (PSD), Finance Department, Makati Social Welfare Department (MSWD), Information and Community Relations Department (ICRD), Department of the Interior and Local Government ~ Makati City (DILG-Makati) and other concerned offices for their information, guidance and reference, ENACTED BY THE SANGGUNIANG PANLUNGSOD OF MAKATI, METRO MANILA, in its Regular Session held on 12 january 2022. Certified true and correct by: ATTY. DIND@ R. CERVANTES Secretary to the Sangguniang Panlungsod Attested by: ~ Wiad, ago HON, MONIQUEYAZMIN Maj sug LAGDAMEO Vice Mayor & bresiding ontee Approved by: WV HON. MAR-LI |AIL S. BINAY City May@r Page | 4