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. VITALE: 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 unanimously approved City Ordinance No. 2022-006 on third and final reading, CITY ORDINANCE NO. 2022-006 Authors: Hon, A.P. Padilla, Hon, R.A.Q. Saguisag, Jr, Hon. B.B. Baniqued, Hon. VV. Hil Hon, L.S. Javier, Jr, Hon, AJ. Cruz, Hon. MJ.P.Q. Arenas, Hon, M.D.M. Arayon, Hon. D.B. Almario, Hon. K-T. Sarosa, Hon. A.AM. Yabut and Hon. R.C. San Pedro, Jr. AN ORDINANCE MANDATING THE USE OF THE OFFICIAL DIGITAL CONTACT TRACING SYSTEM OF THE CITY GOVERNMENT OF MAKATI, Umake Makati Safe QR Code System, PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES, SUBJECT TO EXISTING LAWS, RULES AND REGULATIONS. “Ang Mekati ay para sa kapwa ko taga MakaWHEREAS, Section 15, Article II of the 1987 Philippine Constitution provides that “(Tyhe State shall protect and promote the right to health of the people and instill health consciousness among them."; WHEREAS, Section 10 (a) (4) of RA. 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, on 8 March 2020, due to the outbreak of the Coronavirus Disease 2019 (COVID- 19) in the country, a State of Public Health Emergency was declared throughout the Philippines by the Office of the President by virtue of Proclamation Number 922; WHEREAS, on 16 March 2020, the City of Makati was placed under a State of Calamity by virtue of City Resolution No. 2020-016; WHEREAS, on the same date, President Rodrigo R. Duterte, through Presidential Proclamation No. 929, declared a State of Calamity throughout the Philippines for a period of six (6) months, unless earlier lifted or extended as the circumstances may warrant; WHEREAS, on 10 September 2021, by virtue of Presidential Proclamation No. 1218, President Duterte further extended the period of the State of Calamity until 12 September 2022; WHEREAS, as of 5 January 2022, there are two million eight hundred sixty-one thousand one hundred nineteen (2,861,119) confirmed COVID-19 cases in the Philippines; WHEREAS, the City Government of Makati recognizes the importance of cooperation between and among persons and entities, whether public or private, especially in combatting invisible enemies like bacteria, viruses and other pathogens causing infectious/communicable diseases; WHEREAS, there is a need to adopt concrete measures to prevent, contain and restrict the spread of infectious/communicable diseases, pandemics, epidemics, and/or outbreaks of diseases such as the establishment of an efficient contact tracing mechanism; WHEREAS, the Sangguniang Panlungsod, in consideration of the importance of health and safety of every Makatizen, deems it necessary to enact this Ordinance. NOW, THEREFORE, BE IT ENACTED, AS IT IS HEREBY ENACTED BY THE SANGGUNIANG PANLUNGSOD OF MAKATI CITY, METRO MANILA, BY VIRTUE OF THE POWERS VESTED IN IT BY LAW, IN SESSION ASSEMBLED, that: Section 1, Short Title, This Ordinance shall be known as the UMake Makati Safe QR Code System Ordinance, Section 2, Declaration. It is hereby declared that the City Government of Makati shall employ the Quick Response (QR) Code Scanning through the use of the UMake Makati Safe QR Code System as a mechanism to expedite contact tracing efforts of the Makati City Epide- miological Surveillance Unit (Makati CESU) in the event that a positive case of any infectious/communicable disease, pandemic, epidemic, among others, referred to in R.A. No. "https://eovid19 wvhount/region/ wpro/country/ph Page | 2 2:11332, otherwise known as the “Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act, is reported in the City. Section 3. Purpose. The UMake Makati Safe QR Code System shall be employed for the sole purpose of recording the person's entry, at any given place and time, into any establishment, building, or office in Makati City. The basic personal information and related data collected in the system shall be used for no other purpose other than to support and expedite the tracing of persons within the city who may have contact with an infected person. Section 4. Information Campaign and Stakeholders Meeting. The City Government of Makati shall make an active information dissemination drive prior to the city-wide implementation of UMake Makati Safe QR Code System. Section 5, Complaints Handling. The public is encouraged to report non-compliance with the existing minimum public health standards and the mandatory use of UMake Makati Safe QR Code System of establishments, buildings or private offices operating in the City. Section 6, Monitoring and Review. A team will be created to regularly monitor and review the status of compliance of all concerned establishments, buildings or offices with the existing minimum public health standards and the mandatory use of UMake Makati Safe QR Code System. The City Mayor is hereby empowered to appoint the members of such team. which shall preferably consist of the following: Makati Health Department (MHD), contact tracing and Public Safety Department personnel. Section 7, Data Handling and Protection. The City Government of Makati shall ensure that all information collected will be handled in accordance with the provisions of R.A. No. 10173, otherwise known as the Data Privacy Act of 2012. The city shall endeavor that highest standard is observed through the implementation of regular Data Protection Seminars and ‘Trainings to all members of the UMake Makati Safe QR Code System team. Section 8, Persons Liable. The following persons shall be liable under this Ordinance: a. Any person who refuses to use the UMake Makati Safe QR Code System; and b. Any establishment which knowingly fails to require its employees, guests, among others, to use the UMake Makati Safe QR Code System. ‘Section 9, Penalties. Without prejudice to other penalties that may be imposed under applicable laws, rules, and regulations, the following penalties may be imposed: a, For Section 8 (a): First Offense A fine of One Thousand Pesos (Php 1,000.00) Second Offense A fine of Three Thousand Pesos (Php 3,000.00) Third and Succeeding | A fine of Five Thousand Pesos (Php 5,000.00) or imprisonment Offenses for a period not exceeding six (6) months or both at the discretion of the court. Page | 3b. For Section 8 (b): First Offense Closure for three (3) days with a fine of Five Thousand Pesos (Php 5,000.00) Second Offense Closure for one (1) month with a fine of Five Thousand Pesos (Php 5,000.00) Third Offense 1. Closure for a period not exceeding one (1) year; and 2. A fine of Five Thousand Pesos (Php 5,000.00) or imprisonment for a period not exceeding one (1) year or both at the discretion of the court. Reopening shall only be allowed by the City Government of Makati after full compliance with the provisions of this Ordinance and its Implementing Rules and Regulations. Section_10, Implementing Rules and Regulations. The Law Department, with the approval of the City Mayor, shall cause the preparation of the Implementing Rules and Regulations of this Ordinance. Section 1L 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 12, 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 13, Effectivity. This Ordinance shall take effect immediately upon its approval. Let copies of this Ordinance be furnished the Office the Mayor, City Administrator's Office, Law Department, Urban Development Department (UDD), Department of the Interior and Local Government - Makati City (DILG-Makati), Information and Community Relations Department (ICRD), Makati Health Department (MHD), Public Safety Department (PSD) and other departments, offices, and agencies concerned for their information, guidance and reference. Page | 4 &ENACTED BY THE SANGGUNIANG PANLUNGSOD OF MAKATI, METRO MANILA, in its Regular Session held on 12 January 2022. Certified true and correct by: i ATTY. DINDO R, CERVANTES Secretary to the Sangguniang Panlungsod w Riudtuel degen Vice ne & Presiding ne Approved by: JEN ‘ABIGAIL S, BINAY City Mayor HON. MAR-1 Page | 5