Republic of the Philippines
House of Representatives

First Regular Session

House Bill No,_ 3127 _

Introduced by Representative Jernie Jett V. Nisay

EXPLANATORY NOTE

It is the policy of the State that the territorial and political subdivisions of the
State shall enjoy genuine and meaningful local autonomy to enable the local
governments to attain their fullest development as self-reliant communities and make
them more effective partners in the attainment of national goals.

This measure seeks to implement the above policy through the creation of the
Metro Bataan Development Authority (MBDA) so as to integrate, coordinate and
promote socio-economic growth and sustainable development between and among
interdependent cities and municipalities in the Province of Bataan.

The MBDA is a government instrumentality proposed to under the Office of the
President of the Philippines. It will primarily address developmental concerns which
are beyond the individual capacities of the member local government units. With the
approval of the construction of the Bataan-Cavite Interlink Bridge, Metro Bataan
stands to become the center of the soon to be interconnected National Capital
Region, Region IV and Region II - localities that serve as major engines of growth in
Luzon with approximately 42.3 million people and a combined GDP of roughly
PhP 10.225 trillion or about 53% of the country's GDP of PhP19.387 trillion. Rapid
urbanization is expected to occur in the area.

Capitalizing on the cooperation and shared use of resources as well as the
financial support of the national government, the MBDA envisions a more efficient and
cost-effective implementation of development initiatives, programs and services while
seeking to avert the economically and environmentally costly effects of rapid
urbanization due to poor planning and non-compliance with relevant laws, rules and
regulations.

Support for this bill is earnestly requested from my colleagues.

ner “cms Whe, NISAY

Pusong Pinoy Partylist


Republic of the Philippines

House of Representatives
Quezon City

NINETEENTH CONGRESS
First Regular Session

3127

House Bill No.

Introduced by Representative Jernie Jett V. Nisay

AN ACT
CREATING THE METRO BATAAN DEVELOPMENT AUTHORITY, DEFINING
ITS POWERS AND FUNCTIONS, AND PROVIDING FUNDS THEREFOR

SECTION 1. Title. - This Act shall be known as the “Metro Bataan
Development Authority Act.”

SEC. 2. Declaration of Policy. - Consonant with the declaration of the
policy of the State as provided in the Constitution, Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, as amended, and other
pertinent national laws, it is hereby declared to be the policy of the State to
encourage local government units (LGUs) to group themselves to coordinate
efforts, services and resources for purposes commonly beneficial to their
respective constituencies. It is also declared to be the policy of the State to
integrate and coordinate the delivery of certain basic services as well as
enforcement of laws, rules and regulations in the Province of Bataan through (a)
the Metro Bataan Development Council hereinafter referred to as Council, and (b)
the Metro Bataan Development Authority (MBDA), as created herein.

SEC. 3. Creation of the MBDA. — A government instrumentality under the
Office of the President of the Philippines to be known as the MBDA, is hereby
created as the implementing arm of the Council with purely administrative
functions to promote the rational development and ensure the efficient delivery of
basic services in the Province of Bataan.

SEC. 4, Metro Bataan Development Council. — The Council shall be the
governing board and policymaking body of the MBDA and shall be composed of
the Governor as ex-officio Co-Chairperson of the Council, aad THE congressional
representatives of the Province of Bataan who shall sit as ex-officio Co-
Chairperson of the Council, and the Mayors of the City of Balanga and the
Municipalities of Abucay, Bagac, Dinalupihan, Hermosa, Limay, Mariveles,
Morong, Orani, Orion, Pilar, and Samal as ex-officio members. The provincial
directors of the Department of the Interior and Local Government (DILG),
Department of Environment and Natural Resources (DENR), Office of Civil


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Defense (OCD), and Philippine National Police (PNP), shall be ex-officio members
of the Council without voting rights. The unanimous vote of the Council shall be
necessary for any decision or action taken by the Council. However, any Mayor
may opt out prior to voting, in which case the unanimous approval of the Council
shall be necessary. The decision or action approved by the Council shall not apply
to municipalities that opted out. The Council shall only address province-wide,
multi-municipality, or inter-municipality concerns.

SEC. 5. Scope of MBDA Services. - The MBDA shall have the authority to
provide services to the entire province or to multiple LGUs for areas that are socio-
economically interdependent or which entail expenditure beyond the capacity of
any single LGU in the Province of Bataan.

Subject to the limitations set forth in Sections 15 and 16 hereof and when
requested by concerned LGUs, in coordination with appropriate national
government agencies, the MBDA shall perform the following services:

(a) Assistance to the Bataan Provincial Planning and Development Office
(PPDO) in development planning, which includes the preparation of
proposed medium and long-term development plans, the
development, evaluation and packaging of proposed projects,
investment programming, and coordination and monitoring of plans,
programs and projects required by the provincial development plan as
approved by the Sangguniang Panlalawigan: Provided, that the PPDO
shall have primary jurisdiction over development planning in the
Province of Bataan;

(b) With respect solely to provincial and national roads, transportation and
traffic management, which include the coordination and monitoring of
policies, standards, programs and projects approved by the Council to
rationalize the existing transport operations in coordination with the
Department of Transportation (DOTT); the determination, planning,
procurement, and provision of infrastructure requirements in
coordination with the DPWH; the enhancement of the safe use of
thoroughfares; the promotion of safe and convenient movement of
persons and goods: the provision of transport systems and the
establishment of a system to regulate road users; the administration
and implementation of all traffic enforcement operations; the provision
of traffic engineering services and the provision of traffic services and
traffic education programs;

(c) Solid waste disposal and management which includes the formulation
and implementation of policies, standards, programs and projects for
proper and sanitary waste disposal; the establishment and operation
of sanitary landfill and other related facilities; and the implementation
of other alternative programs intended to reduce, reuse and recycle
solid waste. This is without prejudice to the authority and right of LGUs
to perform these services or enter into agreements providing such
services in coordination with the DENR;

(d) Assistance in flood control and sewerage management which include
the formulation and implementation of polices, standards, programs

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(e)

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and projects for an integrated flood control, drainage and sewerage
system. This is without prejudice to the authority and right of LGUs to
perform these services or enter into agreements providing such
services in coordination with the DPWH;

Assistance in the formulation, adoption and implementation of policies
on standards, rules and regulations, programs and projects pertaining
to the rationalization and optimization of land use, and assistance in
the formulation of growth and expansion plans, the rehabilitation and
development of slum and blighted areas, the development of shelter
and housing facilities, and the provision of necessary social services
thereof. This is without prejudice to the authority and right of LGUs to
perform these services or enter into agreements providing such
services in coordination with the appropriate national agency;

Assistance in health and sanitation protection and pollution control
which includes the implementation of policies, rules and regulations,
standards, programs and projects for the promotion and safeguarding
of health and sanitation of the province and the enhancement of
ecological balance and the prevention, control and abatement of
environmental pollution; and

Ensuring disaster resilience through the implementation of programs,
policies and procedures to achieve preparedness for preventive or
Tescue 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 rehabilitation and relief operations.

SEC. 6. Functions and Powers of the Metro Bataan Development
Authority. - The MBDA shall:

(a)

(b)

(c)

(a)

Coordinate and monitor the implementation of approved medium and
long-term plans and programs for the delivery of province-wide
services, consistent with the national development objectives and
priorities;

Undertake and manage approved plans and projects for the delivery of
specific services under its jurisdiction, subject to the approval of the
Council;

Coordinate, monitor and adopt solutions to problems of
implementation of such plans, programs and projects in the province,
identify bottlenecks and adopt solutions to the problems of
implementation;

Implement existing and approved traffic policies on provincial and
national roads, coordinate and regulate the implementation of all
approved programs and projects concerning traffic management on
provincial and national roads specifically pertaining to enforcement,
engineering and education; Provided, That upon request by LGUs and
other government agencies and with the approval of the Council, it

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shall extend assistance and cooperation including the assignment of
personnel to such LGUs and other government agencies and offices;

(e) When deputized by the Land Transportation Office (LTO), concemed
LGUs and other government authorities, shall issue tickets, citations
and collect fines and penalties for violations of traffic rules and
regulations on provincial and national roads, whether moving or non-
moving in nature;

(f) Enter into contracts, approved by the Council to enable it to carry out
its purpose and functions under this Act; and

(g)_ Perform other related functions to achieve the objectives of the MBDA
and provide the services in Section 5 of this Act, including the
undertaking of delivery of basic services to the LGUs not otherwise
provided by in Section 5 of this Act, when deemed necessary subject
to prior coordination with and consent of the LGU concerned and the
Council.

SEC. 7. Official Misconduct. — The MBDA shall exercise its functions and
powers impartially, without regard to the political interests or affiliations of the
members of the Council. Failure to do so shall constitute official misconduct
punishable by law, in particular, Section 3 of Republic Act No. 3019, otherwise
known as the “Anti-Graft and Corrupt Practices Act’, and shall, following
observance of due process, result in the immediate termination of the erring
MBDA officer or personnel.

SEC. 8. Metro Bataan Development Authority Administrator. — The
MBDA shall be headed by an Administrator, to be appointed by the President of
the Philippines and chosen from a list of at least three (3) nominees submitted by
the Council. The Administrator shall have a term of three (3) years unless
otherwise removed for cause in accordance with law, and have the rights, rank,
disqualifications, and prohibitions of an Undersecretary under existing civil service
rules and regulations. The Administrator shall not be related to any member of the
Council within the fourth civil degree of consanguinity or affinity.

The Administrator shall be assisted by a Deputy Administrator for Finance
and Administration and a Deputy Administrator for Planning and Operations, both
‘of whom shall be appointed by the Administrator with the concurrence of the
Council, subject to civil service laws, rules and regulations. They shall enjoy
security of tenure unless otherwise removed for cause in accordance with law. The
Deputy Administrator for Finance and Administration and the Deputy Administrator
for Planning and Operations shall not be related to the Administrator or any
member of the Council within the fourth civil degree of consanguinity or affinity.

SEC. 9. Functions of the Administrator. — The Administrator 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
Administrator is hereby authorized to engage the services of experts
or consultants either in full-time or part-time basis, as may be required


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in the performance of his functions and duties as may be determined
by him;

Execute the policies, measures, and programs approved by the
Council and be responsible for the efficient and effective day-to-day
management of the operations of the MBDA;

Prepare the annual budget for the operations of the MBDA for the
consideration and approval of the Council;

Submit for consideration of the Council such other duties and
measures as may be deemed necessary to carry out the purposes and
provisions of this Act;

Subject to the Civil Service Decree, rules and regulations, and the
approval of the Council, determine the staffing pattern, fix the
compensation of the officers and personnel of the MBDA in
accordance with the Salary Standardization Law, and fix the number of
subordinate officials and employees of the MBDA and exercise the
power to discipline subordinate officials and employees under the
provisions of law;

‘Supervise the operation of various operating centers and units of the
MBDA;

Formulate and recommend policies and programs to the Council for
the efficient delivery of province-wide services;

Prepare an annual report on the activities and accomplishments of the
MBDA at the close of each year for submission to the Council and the
Office of the President;

Ensure that all information, official records, documents and papers
pertaining to official acts, transactions or decisions of the Council and
the MBDA, including research data used by the Council and the MBDA
as basis for policy development, are preserved and made available to
the public when requested; and

Perform other duties and functions as may be lawfully delegated or
assigned by the Council from time to time.

SEC. 10. Institutional Linkages of the MBDA. - The MBDA shall, in
carrying out its functions, consult, coordinate and work closely with the LGUs, the
DPWH, DOTr and other national government agencies; accredited people's
organizations (POs); nongovernment organizations (NGOs), and the private sector
operating in Bataan.

The MBDA shall prepare a master plan to be approved by the Council and
the PPDO that shall serve as the framework for the local development plans of the
component LGUs.

The implementation of the MBDA's plans, programs and projects shall be
undertaken by the LGUs, the concerned national agencies, the POs, NGOs, and


the private sector and MBDA itself, as necessary and where appropriate, to meet
the objectives of this Act. For this purpose, the MBDA may enter into contracts
approved by the Council with such entities for the achievement of such purposes.

SEC. 11. Sources of Funds and Operating Budget of the MBDA. - The
amount necessary for the operating budget of MBDA shall be included in the
annual General Appropriations Act.

The MBDA is likewise empowered to impose administrative fees and
charges on such rates and amounts approved by the Council for various services
rendered.

The MBDA, through the Council, and subject to the approval of the LGUs
and their respective sanggunians, may call on its member city and municipalities
to contribute such amount as may later on be determined for its operation and the
implementation of projects.

The MBDA may accept donations and grants from foreign and local
sources. In case of grants, in cash or kind, from governments of foreign countries
or their agencies and instrumentalities, or from multilateral institutions or
organizations, acceptance thereof shall be subject to the prior clearance and
approval by the Council and the President of the Philippines or the authorized
representative based on the recommendation of the Secretary of Finance. On the
other hand, other donations, in cash or in kind, from foreign government shall
require prior clearance and approval by the Council and the President, or the
authorized representative based on the recommendation of the Secretary of
Foreign Affairs.

The MBDA may, subject to the approval of the Department of Finance
(DOF), the Bangko Sentral ng Pilipinas (BSP), the National Economic and
Development Authority (NEDA), and the Council, obtain financing support from
local and foreign sources.

SEC. 12. Transparency Clause. ~ Pursuant to Executive Order No. 2, s.
2016, the public shall have access to information, official records, documents and
papers pertaining to official acts, transactions or decisions of the Council and the
MBDA, as well as to research data used by the Council and the MBDA as basis for
policy development. The Council and the MBDA shall preserve and make readily
accessible all such information, official records, documents, and papers. As
provided by E.O. No. 2, failure to do so shall be a ground for the imposition of
administrative and disciplinary sanctions on the erring officers or employees,
without prejudice to prosecution for violation of other laws.

SEC, 13. Non-Diminution Clause. - The Council cannot modify, overrule
or disregard resolutions passed by the Sangguniang Barangay, Sangguniang
Bayan, Sangguniang Panlungsod and Sanggunian Panlalawigan within the
Province of Bataan. It cannot also modify, overrule, or disregard ordinances
enacted and ratified by the local sanggunians and executive orders of local chief
executives.

In discharging its functions and performing its services under Sections 4
and 5 herein, the MBDA shall, in no case, diminish or undermine the autonomy of


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the LGUs. The member LGUs shall continue to have control and be responsible
for their respective local projects and services. No MBDA service shall be
implemented in a locality unless the LGU and congressional representative
concerned concurs thereto.

Moreover, under no circumstances shall the Council or MBDA diminish,
limit, undermine, or overrule the authority, capacity, duty, and prerogative of
national agencies to identify, sponsor, approve, and supervise the implementation
of infrastructure and other projects in the Province of Bataan in coordination with
concerned congressional representatives or local chief executives.

SEC. 14. Preemption Clause. — Nothing in this Act shall preempt the
President of the Philippines and other heads of national agencies, including the
DPWH, DILG, DENR, Department of National Defense (DND), OCD, DOH, PNP,
and NEDA from reviewing, modifying and overruling any decision of the Council or
enjoining any action to be taken or being undertaken by the MBDA in case of
potential or actual conflict or overlap with planned or ongoing initiatives, programs
and projects of the national agencies. Moreover, nothing in this law shall prevent
LGUs from exercising their functions and powers as defined by the Local
Government Code of 1991. In case of conflict between the exercise of functions
and powers by the MBDA and the LGUs, the exercise of functions and powers by
the LGUs shall prevail.

SEC. 15. Internal Audit. — Notwithstanding the provisions of Republic Act
No, 4177, amending certain sections of Republic Act No. 3456, otherwise known
as the “Internal Auditing Act of 1962”, the Council shall appoint the members of the
independent internal audit service of the MBDA.

SEC. 16. Separability Clause. - In case 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.

SEC. 17. Repealing Clause. - All laws, executive orders, rules and
regulations or parts thereof inconsistent with or contrary to the provisions of this
Act are hereby repealed or modified accordingly.

SEC. 18. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,