; : Republic of the Philippines Office of the City Secretary sanGGURIANG PANLUNGSOD Makati City PRESENT: Vice Mayor ERNESTO & MERCADO - Presiding Officer Councilor ERNESTO A. ASPILLAGA : JEJOMAR ERWIN S. BINAY, JR. . ISRAEL S. CRUZADO ‘ FERDINAND T. EUSEBIO “ LINDA S. GONZALES LAGDAMEO. NELSON 5. PASIA ROMANA R. PANGILINAN “ ELIAS V. TOLENTING, JR. A NEMESIO S. YABUT, JR. : CHRISTINE P. MERCADO - Sk President ABC President RODOLFO F_SESE - Sectoral Representative ABSENT: Councilor RICARDO S. JAVIER ~ Vacation Leave . ROMEO C. MEDINA — Sick Leave : RICO J. PUNO. By unanimous vote of the Sangguniang Pantungsod members present, the following City Ordinance was enacted on third and final reading: CITY ORDINANCE NO. 2006-054 Authors: Couns. ..E.8. Binay, dr, F.T. Eusebio, EV. Tolentino, dr. and RF. Sese AN ORDINANCE AMENDING THE MAKATI CITY TRAFFIC CODE (MAKATI CITY ORDINANCE NO, 2003-089) BY SUPPLEMENTING PARAGRAPH 5, SECTION 141 THEREOF WITH THE CREATION OF THE MAKATI TRAFFIC ADJUDICATION UNIT (MTAU) UNDER THE SUPPORT SERVICES DIVISION OF THE TRAFFIC AND PARKING MANAGEMENT OFFICE AND FOR OTHER PURPOSES, SUBJECT TO ALL LAWS AND EXISTING LEGAL RULES AND REGULATIONS. Makati, MahalinNatin...Atin lo.WHEREAS, S: i 124-(a) of the Makati City Traffic Code calls for the creation Makali Traffic Adjudication Unit (MTAU) thal shall be the venue for lodging protests on contested trafiic violation apprehensions; WHEREAS, the MTAU shall be a mechanism to rectify the mistakes and to check and deter abuses of traffic officers committed in the performance of their function; ‘ NOW, THEREFORE, BE IT ENACTED, AS IT 1S HEREBY ENACTED, BY THE SANGGUNIANG PANLUNGSOD OF MAKATI, METRO MANILA, BY VIRTUE OF THE POWERS VESTED IN IT BY LAW, IN SESSION ASSEMBLED, THAT: Section 4. Paragraph 5, Section 141 of the Makati Traffic Code is hereby supplemented with the under the Support Servi Gfice ation of the Makati Traffic Adjudication Unit (MTAU) Division of the Traffic and Parking Management Pending the creation of the Traffic and Parking Management Office, the Makati Public Safety Department shall exercise administrative controi and supervision over the MTAU Section 5. The MTAU shail have the following powers and functions: =| 1. Assume jurisdiction over cases of protests, complaints andfor contested violation of the Makati Traffic Code. It shall rule on the protesi/contested traffic violation after hearing and/or due process, subject to the guidelines andfor procedures that may be promulgated or adopted. w Recommend to the Makali Public Safely Department (MAPSA) the appropriate disciplinary action against erring fratfic enforcers based of its findings of facts on protests, complaints and/or contested violations. Likewise, to Fecommend revocation of authority of deputized traffic enforcers (Le. Barangay, MAPA, Local PNP Unit, CBD Security Guards, including MMDA personnel assigned in Makali City. 3. Repoit to the Makali Public Safety Depariment (MAPSA}, thru the Traffic Engineering and Facilities Management, defective, malfunctioning, damaged Waffic signal tights, road signs and other traffic control devices. Section 4. The following procedures shalt be adopted in the filing andfor disposition of contested traffic violation, protests and/or complaints: 1. Written protests andor complaints must be filed within the period specified in the Citation Ticket of Summons, Failure to fie the protests wathin the prescribed period shall be construed a8 waiver of right to protest, as such, protests /, , fied beyond the period shal not be entertained andor. ¢/ acted upon.. The MTAU shall schedule the hearing on the protest with notice to parties therein Failure to appear by any party during the hearing shail be construed a8 waiver of his tight ‘0 pursue the protest andior rebut the allegations, as the case maybe The investigationmearing shall be summary in nature without strict regard to technical mules of evidence. The hearing shall be limited to determination of whether or not Protestant is flable for the contested traffic violation. If not, whether or not Traffic ‘Officer had committed abuse oF authority andéor failed lo observe proper manner of Apprehension and should be made liable therefor. Findings of the investigationfhearing shall be in the form of 4 Fesolution, subject to approval of the Mayor, thru his designated representative. Copy of the approved Resolution must be presented when redeemingfclaiming Driver's License at the OVR Redemption Center. Failure of the protestant to claim the Resolution wihin Seven {7) days from date of Teceipt of copy of the Resolulion shall it the suspension on the running of the tedsmplion period and shall render hirnther liable for ate charges andlor tees provided under the ordinance » The MTAU may promulgate and adopt additional rules and ih regulations in the conduct of its hearingsfinvestigation necessary to effectively and efficiently perform its function, Section §. This Ordinance shail take effect immediately upon its approval. ENACTED BY THE SANGGUNIANG PANLUN held on October 18, 2006. Certified true 4 comect by’ ROGEYIO UL GAN City 5: ERNETO S, MERCADO yor & Presiding Officer Approved by: Aid d anh JEJOMAR ¢. BINAY, City Mayor IGSOD OF MAKATI, METRO MANILA, in