Republic of the Philippines & REC EIVED
HOUSE OF REPRESENTATIVES 3 DATE: SEP 93
Quezon City, Metro Manila

0

Eighteenth Congress
Second Regular Session

HOUSE BILL No, 7579

Introduced by HON. CLAUDINE DIANA D. BAUTISTA
and
HON. PAOLO Z. DUTERTE

EXPLANATORY NOTE

This bill seeks to create a region-wide Metro-Davao Regional Development
Authority (MDRDA) in Region 11 or Davao Region, as part of the Overall Spatial Strategy
to develop the to development a Comprehensive Outcomes for Rural Empowerment
(C.O.RE) growth in the region. The provinces, cities, and municipalities within the Davao
region whole-heartedly cooperate with one another, fully embracing the ideas of
consolidation and inter-LGU cooperation as constituted and institutionalized in the Davao
Integrated Development Plan (DICP).

The creation of the MDRDA will be an outward looking policy which will engage
all provinces in the Davao region in adopting a national and global perspective approach
in development initiatives. It will recognize the strategic role of the Davao Region as a
metropolitan center and a major contributor in Mindanao’s development and economic
contribution to the country’s overall development.

In the same manner, this bill seeks the creation of a Network of Growth Centers,
which is aligned with the Philippine Development Plan for 2017-2022, and will pursue a
thorough rural empowerment program that will complement urban growth centers in terms
of productivity and production of raw materials, and ensure dispersal of economic
opportunities to prevent overcrowding in urban areas, and other related problems. Rural
areas will be developed for economic and industrial prosperity, as well as for border and
territorial security.

The effects of this bill are far-reaching and goes beyond mete economic security;
thus the earliest approval of this bill is earnestly sought. eB

cA

CLAUDINE DIANA D. BAUTISTA. PAOLO\Z. DUTERTE


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
Second Regular Session

House BILL No. 7579

Introduced by HON. CLAUDINE DIANA D. BAUTISTA
and
HON. PAOLO Z. DUTERTE

AN ACT
CREATING THE METRO-DAVAO REGIONAL DEVELOPMENT AUTHORITY,
DEFINING ITS POWERS AND FUNCTIONS AND PROVIDING FUNDS
THEREFOR.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. — This Act shall be known as the “Metro-Davao Regional
Development Authority Act of 2020”.

SECTION 2. Declaration of Policy. — Itis the policy of the State to adopt measures
to provide a better future to Filipinos throughout the country by boosting countryside

development.

‘The Davao Region has a strategic role as a metropolitan center which is recognized
as a critical factor in Mindanao’s development and economic contribution to the country’s
national growth. The provinces and their respective local government units (LGUs)
embrace the concept of consolidation and cooperation to adopt a Comprehensive Outcomes
for Rural Empowerment (C.O.R.E.) growth strategy to promote connectivity and
development of the region, as well as to establish a sustainable and cohesive regional plan
for the Davao region. As such, the provinces of Davao de Oro, Davao del Norte, Davao
del Sur, Davao Occidental and Davao Oriental, and the cities and municipalities therein, as
well as Davao City, shall henceforth be constituted as a special development and

administrative region, which shall be known as the Metro-Davao Region.


Within the framework and subject to the mandate and limitations of the
Constitution, the Metro-Davao Region shall be developed into a sustainable, industrial,
commercial, financial and investment center, to generate employment opportunities in the

region and to attract and promote productive local and foreign investments.

SECTION 3. Creation of the Metro-Davao Region Development Authority. —The
Metro-Davao Region Development Authority, herein after referred to as the MDRDA, is
hereby created to oversee and administer the delivery of basic urban services requiring
coordination among the different local government units within the Metro-Davao Region.
‘These basic urban services shall include, among others: land use, planning and zoning;
traffic management; public safety; urban development and renewal; management and
control of local government efforts during calamities and emergencies affecting public

welfare and safety; and sanitation and waste management.

The MDRDA shall perform planning, monitoring and coordinative functions, and
in the process, exercise regulatory authority and control over the delivery of metro-wide
services within the Metro-Davao Region, without diminution of the autonomy of the local
government units concerning matters beyond the ambit of the scope of the MDRDA’s

Services as provided for in the succeeding section.

SECTION 4. Scope of MDRDA Services. — The services under the jurisdiction of
the MDRDA are those services which have metro-wide impact and which transcend legal
and political boundaries, or which entail expenditures which the individual LGUs which
compose the Metro-Davao Region would not be able to undertake on their own. These

services include:

A. Development planning, which includes the preparation of medium and
long-term development plans which shall govern the development of the LGUs within the
Metro-Davao region, the evaluation and packaging of projects; investment programming,
inward investment promotion and coordination, and monitoring of plans, programs and
project implementation;

B. ‘Uniform transport and traffic management, which includes the formulation,
coordination and monitoring of policies, standards, programs and projects to rationalize
existing transport operations, infrastructure requirements, the use of thoroughfares, and
promotion of safe and convenient movement of persons and goods within the Metro-Davao

Region; provision of a mass transport system within the Metro-Davao Region and the


establishment of a system to regulate road users; administration and implementation of all
traffic enforcement operations, traffic engineering services and traffic education programs,
including the establishment of a single ticketing system in the Metro-Davao Region.

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 landfill 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, land use planning, and shelter services which
includes 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 for the inhabitants of the Metro-Davao region.

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, earthquake, flood and tidal waves; and mobilization of resources and the
implementation for rehabilitation and relief operations in coordination with national
agencies concerned.

H. Formulate, in consultation with the National Economic Development
Authority and other national government agencies, the creation of developmental centers
for tourism, agriculture, manufacturing, industrial parks, learning, finance, trade and
commerce, tertiary and specialized health services, administration, real estate, as well as

other zones that will contribute to the growth and advancement of the region.


1. Implementation of all policies, projects and programs for the economic

development of the Metro-Davao Region.

SECTION 5. Functions of the MDRDA. The MDRDA shall exercise the

following functions:

‘A. Formulate and create, in six year intervals, a comprehensive and detailed
development plan for the Metro-Davao Region (Metro-Davao Region Development Plan),
which shall embody a list of projects in accordance with the Philippine Development Plan
and in consultation with NEDA and the LGUs that compose the Metro-Davao region;

B. _ Ensure thatall other programs and projects for implementation in the Metro-
Davao region are aligned with the Metro-Davao Region Development Plan;

C. Prepare, implement and manage Metro-Davao wide programs and projects
for the delivery of specific services under its jurisdiction;

D. Formulate, prepare, implement, and manage programs and plans which
would advance the development of the Metro-Davao Region and uplift the standard of
living of individuals therein;

E. To designate priority development areas in the Metro-Davao region, in
accordance with the Metro-Davao Region Development Plan, and plan and implement
projects therein;

F. To designate and implement priority infrastructure projects in the Metro-
Davao region, in coordination with the national agencies concerned and the LGUs in which
such projects shall be undertaken;

G. Establish a mechanism for conducting consultations with LGUs within its
jurisdiction on plans, programs and projects within the Metro-Davao region;

H. Monitor the implementation of region-wide programs and projects, and
identify implementation issues and appropriate solutions to address them;

L Plan and undertake the relocation or rescttlement of inhabitants of any LGU
within its jurisdiction, as may be deemed necessary and beneficial by the MDRDA, in
coordination with the affected LGUs;

J. Adopt and implement measures and standards for environmental pollution
control of all areas within its territory;

K. __ Prescribe and collect uniform service and regulatory fees, as well as impose

and collect uniform fines and penalties; and


L. Perform other functions, subject to approval by the Metro-Davao Regional

Development Council

SECTION 6. Composition of the Metro-Davao Regional Development Authority.
— The governing board and policy making body of the Metro-Davao Regional
Development Authority shall be the Metro-Davao Regional Development Council, herein
referred to as the Council, composed of the Chairperson of the Regional Development
Council XI, city mayor of Davao City, and the governors of the provinces of Region 11,
specifically governors for Davao de Oro, Davao del Norte, Davao del Sur, Davao

Occidental, and Davao Oriental.

The heads of the following Davao Regional Offices of national government

agencies shall attend all meetings of the Council as non-voting members:

Department of Public Works and Highways (DPWH);
Department of the Interior and Local Government (DILG);

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Department of Environment and Natural Resources (DENR);

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Department of Information and Communications Technology (DICT);
Department of Energy (DOE);

Department of Tourism (DOT);

Land Transportation Office (LTO); and

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Philippine National Police (PNP) Regional Office

The Council shall be led by a chairperson and vice-chairperson of the Council shall
be elected from among its members, to serve for a term of three (3) years. The chairperson

shall be assisted by the following:

a. General Manager;

b. Assistant General Manager for Finance and Administration, who shall
be a Chartered Financial Analyst or a Certified Public Accountant;

¢. Assistant General Manager for Planning, who shall be have obtained a
degree in Environmental Planning or its equivalent; and

d. Assistant General Manager for Operations;

all of whom shall be appointed by the President of the Philippines upon

recommendation of a majority of the Council, subject to civil service laws, rules, and


regulations. The abovementioned officers shall enjoy security of tenure and may only be

removed for cause in accordance with law.

The chairperson and members of the Council are entitled to allowances and

per diems in accordance with relevant policies, rules, and regulations.

SECTION 7. Functions of the MDRDC. - The Council is the policy-making body
of the MDRDA and shall exercise the following functions:

A. Approve plans, programs, and projects, and issue rules and regulations
deemed necessary by the MDRDA to carry out the purposes of this Act;
B. __ Increase the rate of allowances and per diems of the members of the Council

to take effect during the term of the succeeding Council. It shall fix the compensation of
the officers and personnel of the MDRDA, and approve the annual budget of the MDRDA
for submission to the Department of Budget and Management (DBM);

C. Recommend investment programming for its plans and programs, as well
as supervise the implementation of plans and programs which includes the formulation and
coordination of its related activities;

D. _Promulgate rules and regulations, as well as set policies and standards for
the delivery of basic services;

E, Prescribe service and regulatory fees, and set fines and penalties;

F. Formulate programs and policies to create developmental centers for
tourism, agriculture, manufacturing and industry, learning, finance, trade and commerce,
tertiary and specialized health services, administration, real estate, and other zones that will
contribute to the growth and advancement of the region;

G. Endorse the annual and supplemental budgets of the MDRDA; and

H. Perform such other acts and assume such other functions as may be

necessary to carry out the provisions of this Act.

SECTION 8. Functions of the Chairperson. - The Chairperson shall exercise the

following functions:

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 Chairperson is authorized to engage the services of


experts or consultants, either on a full time or part-time basis, as may be required in the
performance of the chairperson’s functions and duties

B. Execute the policies and measures approved by the Council and be
responsible for the efficient and effective day-to-day management of the operations of the
MDRDA;

c. Prepare the annual budget for the operations of the MDRDA for submission
to the Council;

D. Submit for consideration of the Council such other duties and measures as
the Chairperson 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
pattem and fix the number of subordinate officials and employees of the MDRDA, 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 MDRDA 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 of the
Philippines or by the Council.

SECTION 9. Functions of the General Manager. ~ The General Manager shall

exercise the following functions:

‘A. Assist the chairperson in the administration of the MDRDA and supervision
of subordinate personnel;

B. Assist the chairperson in the supervision of the operation of the various
operating centers and units of MDRDA;

C. Assist the chairperson in the review of plans and programs for the MDRDA
and for the cities and municipalities in the preparation of the annual report of activities and
accomplishments of the MDRDA; and

D. Perform such other duties and functions as may be lawfully delegated or

assigned by the chairperson from time to time.

SECTION 10. Institutional Linkages of the MDRDA. - the MDRDA shall, in
carrying out its functions, consult, coordinate and work closely with the LGUs, the

Regional Development Council for Region XI and other national government agencies,


people’s organizations, non-government organizations, and the private sector operating in
the Metro-Davao Region. The MDRDA shall have a master plan that shall serve as the
framework for the local development plans of the component provinces and LGUs, which
local development plans shall, at all times, be aligned with the Metro-Davao Regional
Development Program (MDRDP). In case of conflict between the MDRDP and the local
development plans of the component provinces and LGUs of the Metro-Davao region, the

former shall prevail.

The MDRDA shall submit the Council’s approved development plans and
investment programs to the Regional Development Council XI for integration in the DRDP
and public investment program. The implementation of the MDRDA’s plans, programs,
and projects shall be undertaken by the provinces, LGUs, concemed national government
agencies, people’s organizations, non-government organizations, private sector, and the
MDRDA itself, when appropriate. For this purpose, the MDRDA may enter into contracts
or memoranda of agreement with these bodies for the delivery of the required services

within Metro-Davao Region.

The MDRDA shall, in coordination with the National Economic and Development
Authority (NEDA) and Department of Finance (DOF), interface with foreign assistance
agencies for purposes of obtaining financing support, grants, and donations in support of

its programs and projects.
SECTION 11. Sources of Funds and Operating Budget of the MDRDA. ~

A. To carry out the purposes of this Act, the amount of Five (5) Billion pesos
(P 5,000,000,000) is hereby authorized to the appropriated for the initial operation of the
MDRDA. Thereafter, the annual expenditures including capital outlays of the MDRDA
shall be provided in the General Appropriations Act.

B. The MDRDA is likewise empowered to levy fines and impose fees and
charges for various services rendered, which charges shall be uniform throughout the
Metro-Davao Region.

C. Five percent (5%) of the total annual gross revenue of the preceding year,
net of the intemal revenue allotment, of each local government unit mentioned in Section
3 of this Act, shall accrue and become payable monthly to the MDRDA 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 MDRDA chargeable against the IRA allotment of the city


or municipality concemed, the provisions of Section 286 of RA 7160, as amended,
otherwise known as the “Local Government Code of 1991”, to the contrary

notwithstanding.

SECTION 12. Transitory Provisions. ~ To prevent disruption in the delivery of
basic urban services pending the full implementation of the MDRDA's organizational
structure and staffing pattern, all officials and employees of the provinces and LGUs 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.

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 amount as may be necessary to pay the benefits accruing to displace
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 receive the benefits thereunder.

SECTION 13. Separability Clause. — If any provision is held invalid or
unconstitutional, the remainder of the law or provision not otherwise affected shall remain

valid and subsisting.

SECTION 14. Repealing Clause. ~ Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule, or regulation contrary to or
inconsistent with the provisions of this Act is herby repealed, modified, or amended

accordingly.

SECTION 15. Effectivity Clause. — This Act shall take effect fifteen (15) days

after is publication in the Official Gazette or in a newspaper of general circulation.

Approved,