Section 1. Declaration of Policy. — It is hereby declared to
be the policy of the State to treat Metropolitan Manila as a special
development and administrative region and certain basic services
affecting or involving Metro Manila as metro-wide services more
efficiently and effectively planned, supervised and coordinated by a
development authority as created herein, without prejudice to the
autonomy of the affected local government units.
Pursuant to this policy, Metropolitan Manila, as a public corporation
created under Presidential Decree No. 824, embracing the cities of
Caloocan, Manila, Mandaluyong, Makati, Pasay, Pasig, Quezon, and
Muntinlupa, and the municipalities of Las Piñas, Malabon,
Marikina, Navotas, Parañaque, Pateros, San Juan, Tagig, and
Valenzuela, is hereby constituted into a special development and
administrative region subject to direct supervision of the President of
the Philippines.
Sec. 2. Creation of the Metropolitan Manila
Development Authority. — The affairs of Metropolitan Manila's shall be
administered by the Metropolitan Manila Development Authority,
hereinafter referred to as the MMDA, to replace the Metro Manila
Authority (MMA) organized under Executive Order No. 392 series of 1990.
The MMDA shall perform planning, monitoring and coordinative functions,
and in the process exercise regulatory and supervisory authority over
the delivery of metro-wide services within Metro Manila without
diminution of the autonomy of the local government units concerning
purely local matters.
Sec. 3. Scope of MMDA Services. — Metro-wide
services under the jurisdiction of the MMDA are those services which
have metro-wide impact and transcend local political boundaries
or entail huge expenditures such that it would not be viable for said
services to be provided by the individual local government units (LGUs)
comprising Metropolitan Manila. These services shall include:
(a) Development planning which includes the
preparation of medium and long-term development plans; the development,
evaluation and packaging of projects; investments programming; and
coordination and monitoring of plan, program and project implementation.
(b) Transport and traffic management which include
the formulation, coordination, and monitoring of policies, standards,
programs and projects to rationalize the existing transport operations,
infrastructure requirements, the use of thoroughfares, and promotion of
safe and convenient movement of persons and goods; provision for the
mass transport system and the institution of a system to regulate road
users; administration and implementation of all traffic enforcement
operations, traffic engineering services and traffic education
programs, including the institution of a single ticketing system in
Metropolitan Manila.
(c) Solid waste disposal and management which include
formulation and implementation of policies, standards, programs and
projects for proper and sanitary waste disposal. It shall
likewise include the establishment and operation of sanitary land fill
and related facilities and the implementation of other alternative
programs intended to reduce, reuse and recycle solid waste.
(d) Flood control and sewerage management which
include the formulation and implementation of policies, standards,
programs and projects for an integrated flood control, drainage and
sewerage system.
(e) Urban renewal, zoning, and land use planning, and
shelter services which include the formulation, adoption and
implementation of policies, standards, rules and regulations, programs
and projects to rationalize and optimize urban land use and provide
direction to urban growth and expansion, the rehabilitation and
development of slum and blighted areas, the development of shelter and
housing facilities and the provision of necessary social services
thereof.
(f) Health and sanitation, urban protection and
pollution control which include the formulation and implementation of
policies, rules and regulations, standards, programs and projects for
the promotion and safeguarding of the health and sanitation of the
region and for the enhancement of ecological balance and the
prevention, control and abatement of environmental pollution.
(g) Public safety which includes the formulation and
implementation of programs and policies and procedures to achieve
public safety, especially preparedness for preventive or rescue
operations during times of calamities and disasters such as
conflagrations, earthquakes, flood and tidal waves, and coordination
and mobilization of resources and the implementation of contingency
plans for the rehabilitation and relief operations in coordination with
national agencies concerned.
Sec. 4. Metro Manila Council. — The governing
board and policy making body of the MMDA shall be the Metro Manila
Council, composed of the mayors of the eight (8) cities and nine (9)
municipalities enumerated in Section 1 hereof, the president of the
Metro Manila Vice Mayors League and the president of the Metro Manila
Councilors League.
The heads of the Department of Transportation and Communications
(DOTC), Department of Public Works and Highways (DPWH), Department of
Tourism (DOT), Department of Budget and Management (DBM), Housing
and Urban Development Coordinating Committee (HUDCC), and Philippine
National Police (PNP) or their duly authorized representatives, shall
attend meetings of the council as non-voting members.
The Council shall be headed by a chairman, who shall be appointed by
the President and who shall continue to hold office at the discretion
of the appointing authority. He shall be vested with the rank,
rights, privileges, disqualifications, and prohibitions of a cabinet
member.
The chairman shall be assisted by a general manager, an assistant
general manager for finance and administration, an assistant general
manager for planning and assistant general manager for operation, all
of whom shall be appointed by the President with the consent and
concurrence of the majority of the Council, subject to civil service
laws, rules and regulations. They shall enjoy security of tenure
and may be removed for cause in accordance with law.
The assistant general manager for planning must have not less than five
(5) years extensive experience in development and planning or must hold
a master's degree in urban planning or similar disciplines.
The chairman and members of the Council shall be entitled to allowance
and per diems in accordance with existing policies, rules and
regulations on the matter.
Sec. 5. Functions and Powers of the Metro Manila
Development Authority. — The MMDA shall:
(a) Formulate, coordinate and regulate the
implementation of medium and long-term plans and programs for the
delivery of metro-wide services, land use and physical development
within Metropolitan Manila, consistent with national development
objectives and priorities;
(b) Prepare, coordinate and regulate the
implementation of medium-term programs for metro-wide services which
shall indicate sources and uses of funds for priority programs and
projects, and which shall include the packaging of projects and
presentation to funding institutions;
(c) Undertake and manage on its own metro-wide
programs and projects for the delivery of specific services under its
jurisdiction, subject to the approval of the Council. For this purpose,
MMDA can create appropriate project management offices;
(d) Coordinate and monitor the implementation of such
plans, programs and projects in Metro Manila; identify bottlenecks and
adopt solutions to problems of implementation;
(e) The MMDA shall set the policies concerning
traffic in Metro Manila, and shall coordinate and regulate the
implementation of all programs and projects concerning traffic
management, specifically pertaining to enforcement, engineering and
education. Upon request, it shall be extended assistance and
cooperation, including but not limited to, assignment of personnel, by
all other government agencies and offices concerned;
(f) Install and administer a single ticketing system,
fix, impose and collect fines and penalties for all kinds of violations
of traffic rules and regulations, whether moving or non-moving in
nature, and confiscate and suspend or revoke drivers' licenses in the
enforcement of such traffic laws and regulations, the provisions of RA
4136 and PD 1605 to the contrary notwithstanding. For this
purpose, the Authority shall enforce all traffic laws and
regulations in Metro Manila, through its traffic operation center, and
may deputize members of the PNP, traffic enforcers of local government
units, duly licensed security guards, or members of non-governmental
organizations to whom may be delegated certain authority, subject to
such conditions and requirements as the Authority may impose; and
(g) Perform other related functions required to
achieve the objectives of the MMDA, including the undertaking of
delivery of basic services to the local government units, when deemed
necessary subject to prior coordination with and consent of the local
government unit concerned.
Sec. 6. Functions of the Metro Manila Council. —
(a) The Council shall be the policy-making body of
the MMDA.
(b) It shall approve metro-wide plans, programs and
projects and issue rules and regulations and resolutions deemed
necessary by the MMDA to carry out the purposes of this Act.
(c) It may increase the rate of the allowances and
per diems of the members of the Council to be effective during the term
of the succeeding Council. It shall fix the compensation of the
officers and personnel of the MMDA, and approve the annual budget
thereof for submission to the Department of Budget and Management (DBM).
(d) It shall promulgate rules and regulations and set
policies and standards for metro-wide application governing the
delivery of basic services, prescribe and collect service and
regulatory fees, and impose and collect fines and penalties.
Sec. 7. Functions of the Chairman. — The chairman
shall:
(a) Appoint, subject to civil service laws, rules and
regulations, all subordinate officers and employees, who shall enjoy
security of tenure and may be removed only for cause in accordance with
law. The chairman is hereby authorized to engage the services of
experts/consultants either on full time or part-time basis, as may be
required in the performance of his functions and duties as may be
determined by him;
(b) Execute the policies and measures approved by the
Metro Manila Council and be responsible for the efficient and effective
day-to-day management of the operations of the MMDA;
(c) Prepare the annual budget for the operations of
the MMDA for submission to the Council;
(d) Submit for consideration of the Council such
other policies and measures as he may deem necessary to carry out the
purposes and provisions of this Act;
(e) Subject to the guidelines and policies set by the
Council, prepare the staffing pattern and fix the number of subordinate
officials and employees of the MMDA; and exercise the power to
discipline subordinate officials and employees under the provisions of
law;
(f) Prepare an annual report on the accomplishments
of the MMDA at the close of each calendar year for submission to the
Council and to the President of the Philippines; and
(g) Perform such other duties as may be assigned to
him by the President or by the Council.
Sec. 8. Functions of the General Manager. — The
general manager shall:
(a) Assist the chairman in the administration of the
MMDA and supervision of subordinate personnel;
(b) Assist the chairman in the supervision of the
operation of the various operating centers and units of the MMDA;
(c) Assist the chairman in the review of plans and
programs for the MMDA and for Metro Manila in the preparation of the
annual report of activities and accomplishments of the MMDA; and
(d) Perform such other duties and functions as may be
lawfully delegated or assigned by the chairman from time to time.
Sec. 9. Institutional Linkages of the MMDA. — The
MMDA shall, in carrying out its functions, consult, coordinate and work
closely with the LGUs, the National Economic and Development Authority
(NEDA) and other national government agencies mentioned in Sec. 4
hereof, and accredited people's organizations (POs), nongovernmental
organizations (NGOs), and the private sector operating in Metro
Manila. The MMDA chairman or his authorized representative from
among the Council members, shall be ex officio member of the boards of
government corporations and committees of the department and offices of
government whose activities are relevant to the objectives and
responsibilities of the MMDA which shall include but not be limited to
Metropolitan Waterworks and Sewerage System (MWSS), DOTC, DPWH, HUDCC
and Department of the Interior and Local Government (DILG).
The MMDA shall have a master plan that shall serve as the framework for
the local development plans of the component LGUs.
The MMDA shall submit its development plans and investment programs to
the NEDA for integration into the Medium-Term Philippine Development
Plan (MTPDP) and public investment program.
The implementation of the MMDA's plans, programs, and projects shall be
undertaken by the LGUs, the concerned national government agencies, the
POs, NGOs and the private sector and the MMDA itself where appropriate.
For this purpose, the MMDA may enter into contracts, memoranda of
agreement and other cooperative arrangements with these bodies for the
delivery of the required services within Metropolitan Manila.
The MMDA shall, in coordination with the NEDA and the Department of
Finance, interface with the foreign assistance agencies for purposes of
obtaining financing support, grants and donations in support of its
programs and projects.
SECTION 10. Sources of Funds and the Operating Budget
Of MMDA:
(a) To carry out the purposes of this Act, the Amount
of One billion pesos (P1,000,000,000) is hereby authorized to be
appropriated for the initial operation of the MMDA. Thereafter, the
annual expenditures including capital outlays of the MMDA shall be
provided in the General Appropriations Act.
(b) The MMDA shall continue to receive the Internal
Revenue Allotment (IRA) currently allocated to the present MMA.
(c) The MMDA is likewise empowered to levy fines, and
impose fees and charges for various services rendered.
(d) Five percent (5%) of the total annual gross
revenue of the preceding year, net of the internal revenue allotment,
or each local government unit mentioned in Sec. 2 hereof, shall
accrue and become payable monthly to the MMDA by each city or
municipality. In case of failure to remit the said fixed
contribution, the DBM shall cause the disbursement of the same to the
MMDA chargeable against the IRA allotment of the city or municipality
concerned, the provisions of Sec. 286 of RA 7160 to the contrary
notwithstanding.
SECTION 11. Transitory Provisions. — To prevent
disruption in the delivery of the basic urban services pending the full
implementation of the MMDA's organizational structure and staffing
pattern, all officials and employees of the interim MMA shall continue
to exercise their duties and functions and receive their salaries and
allowances until they shall have been given notice of change of duties
and functions, and of being transferred to another office or position.
All assets and properties presently in use or under the accountability
of the interim MMA and all its obligations, indebtedness, or
liabilities shall be transferred to and assumed by the MMDA created
under this Act, subject to the conditions that may be established by
the Department of Budget and Management, Office of the President, and
Commission on Audit.
The civil service laws, rules and regulations pertinent to the
displacement of personnel affected by this Act shall be strictly
enforced. The national government shall provide such amounts as may be
necessary to pay the benefits accruing to displaced employees at the
rate of one and one-fourth (1 1/4) month's salary for every year of
service: provided, that, if qualified for retirement under
existing retirement laws, said employees may opt to receive the
benefits thereunder.
SECTION 12. Repealing Clause. — Executive Order No.
392 dated January 9, 1990 is hereby repealed. All other laws,
decrees, executive orders, rules and regulations, or parts thereof
inconsistent with or contrary to the provisions of this Act are hereby
repealed or modified accordingly.
SECTION 13. Separability Clause. — If any part or
provision of this Act is held unconstitutional or invalid, other parts
or provisions thereof which are not affected shall continue to remain
in full force and effect.
SECTION 14. Effectivity. — This Act shall take effect
fifteen (15) days following completion of its publication in at least
two (2) newspapers of general circulation.
Approved: March 1, 1995
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