Republic of the Philippines
House of Representative
Quezon City,  Metro Manila
Nineteenth Congress
Second Regular Session
HefusEBiLLNo.      9040
Introduced by Representatives
LORDAN G. SUAN, CHRISTIAN S. UNABIA, and BAMBI a. EMANO
EXPLANATORY NOTE
This bill  seeks to create the  Metropolitan  Cagayan  de Oro  Development
Authority, defining its powers and functions and providing funds therefor.
The  Metropolitan  Cagayan  de  Oro  is a  significant economic and  cultural
hub  in  the  Philippines,  experiencing  rapid  growth  and  urbanization.  However,
this   growth   also   presents   challenges   such   as   inadequate   infrastructure,
environmental   degradation,   and   uncoordinated   development.   There   is   a
pressing need for a  unified and coordinated effort to address these challenges
and ensure the long-term well-being of the residents in the region.
As envisioned, the Metropolitan Cagayan de Oro Development Authority
(MCDA)  will  provide  oversight for services  that  significantly  impact the  entire
metropolitan area. These services encompass development planning, transport
management,   solid   waste   disposal   and   management,   flood   control   and
sewerage  management,  urban  renewal,  zoning,  land  use  planning and  shelter
services,  health  and  sanitation,  urban  protection,  pollution  control,  and  public
safety.
The   MCDA   will   be   tasked   with   formulating   plans   in   line   with   the
Northern     Mindanao     Regional     Development     plan     and     the     Philippine
Development   Plan,   setting   traffic,   waste   management,   and   public   safety
policies,        preparing       metropolitan-wide       programs,        monitoring       the


implementation   of  these   programs,   and   managing   regulatory  fees,   among
others.
The  policy-making  body of the  MCDA will  be the  Metropolitan  Cagayan
de  Oro  Development  Council,  composed  of  the  Chairperson  of  the  Regional
Development Council  of Region  X, the governors of the  provinces  of  Misamis
Oriental and  Bukidnon, the city mayors of Cagayan de Oro and  EI Salvador, and
the municipal mayors of the covered areas. This Council will have the power to
approve  development  plans,  investment  programs  and  projects,  formulate
ordinances,   resolutions,  rules,  and  regulations,  and  recommend   investment
programs and infrastructure projects.
This   bill   aims  to   promote   sustainable   and   inclusive   development   in
Northern  Mindanao through a unified approach that respects the autonomy of
the    local    government    units    (LGUs)    while    providing    a    framework    for
coordinated  development  responsive  to  the  region's  rapid  urbanization  and
interdependencies.  It  recognizes  the  distinctive  development  challenges  and
opportunities   of  the   Metropolitan   Cagayan   de   Oro   region.   It   proposes   a
sustainable,  inclusive,  and  integrated  governance  structure.  It  will  empower
the  MCDA  to  lead  and  coordinate  efforts  towards  sustainable  and  balanced
development  in  the  Metropolitan  Cagayan  de  Oro  area,  ensuring  a  better
quality of life for its residents, promoting economic growth, and preserving the
region's natural and cultural heritage.
In light of the preceding, this bill's approval is fervently sought.
`      ...,    `..```          `.._i..           .\``             `--.i``        ...,,....,    `...`


Republic of the Philippines
House of Representatives
Quezon City, Metro Manila
Nineteenth Congress
Second Regular Session
HO`bsEBILLNo.       9040
Introduced by Representatives
LORDAN G. SUAN, CHRISTIAN S. UNABIA, and BAMBI 8. EMANO
AN ACT
CREATING     THE      METROPOLITAN      CAGAYAN      DE     OR0      DEVELOPMENT
AUTHORllY,    DEFINING    ITS   POWERS   AND    FUNCTIONS,   AND    PROVIDING
FUNDS THEREFOR
Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:
1                    SECTION  1. Short Ti-I/e. -This Act shall  be  known  as the  "Metropo/;.ton
2      Cagayan de oro DevelopmentAuthorityAct."
3                  SEC.  2.   Dec/araf/.on oJPo/i.cy. -lt is the policy of the state to  promote
4       sustainable  and  inclusive  development  in  Northern  Mindanao through  unified
5       and coordinated effort among local government units (LGUs) and stakeholders
6       in   achieving   economic  growth,   environmental   sustainability   and   improved
7      quality of life for the  residents.  Towards this  end,  the  State  shall  support the
8      establishment of special  development and  administrative  region that expands
9      the physical areas for planning and service areas for urban service delivery.
1


10                 SEC.  3.  Creation  of  the  Metropolitan  Cagayan  de  Oro  Development
11      Author/.ty.  -There  is  hereby  created  a  special   body  to  be  known  as  the
12      Metropolitan  cagayan  de oro Development Authority,  hereinafter referred to
13       as "MCDA,'' which  shall  be organized within thirty (30)  days after the approval
14      of this Act, to coordinate and promote socioeconomic growth  and sustainable
15      developmentofMetropolitan cagayan de oro.
16                   The  MCDA shall  execute the  powers and functions  herein  vested  which
17      shall,  however,  in  no way diminish the autonomy of the  LGUs of Metropolitan
18       Cagayan  de  Oro  concerning  purely  local  matters,  within  the  framework  and
19      subj.ect to the  mandate  and  limitations  of the  Constitution  and  the  pertinent
2o       provisions    of    Republic   Act    No.    7160,    otherwise    known    as   the    ``[oco/
2\      Governmentcodeof 1991."
22                   SEC. 4. /url.sd/.ct/.on oJthe MCDA. -The  MCDA shall  exercise jurisdiction
23       over  the  cities  of  Cagayan  de  Oro  and  EI  Salvador,  and  the  municipalities  of
24       Alubijid,  Balingasag,  Claveria,  Gitagum,  lnitao,  Jasaan,  Laguindingan,  Libertad,
25       0pol,  Tagoloan  and  Villanueva  in  Misamis  Oriental,  and  the  municipalities  of
26       Manolo  Fortich,  Baungon,  Libona,  Malitbog,  Sumilao  and Talakag  in  Bukidnon,
27      and such  other cities and  municipalities as may be created  by lawwithin these
28        LGUs.
29                   SEC.  5. Scope OJMCDA serv/.ces.  -The  MCDA shall  deliver metro-wide
3o      and across-boundaries servicesto the different LGUs in the entire metropolitan
2


31       area    whose    activities    impact    each    other    significantly    and    entail    huge
32       expenditures  that  would   not  be  viable   if  provided   by  the   individual   LGUs.
33       Theseservicesinclude:
34                    a)  Development  planning,  which  includes  preparing  medium-term  and
35       long-term    development   plans;    developing,    evaluating   and    packaging   of
36       projects;  investments  programming;  and  coordinating  and  monitoring  plans,
37      programs and project implementations;
38                    b)   Transport   management,   which   includes  formulating,   coordinating,
39      and  monitoring  policies,  standards,  programs  and  proj.ects  to  rationalize  the
4o      existing  transport  operations,  infrastructure  requirements,  and  promotion  of
41       safe   and   convenient   movement   of   persons   and   goods;   providing   a   mass
42      transport system and instituting a system to regulate road users; administering
43       and   implementing   all   traffic   enforcement   operations,   traffic   engineering
44       services and traffic education  programs,  including instituting a  single ticketing
45       system within the MCDAjurisdiction;
46                    c) Solid waste disposal  and  management, which  include formulating and
47      implementing   policies,   standards,   programs   and   proj.ects   for   proper   and
48       sanitary  waste  disposal;   establishing  and   operating  a   sanitary  land  fill   and
49       related   facilities,   such   as   waste-to-energy  technologies;   and   implementing
5o      other alternative programs intended to reduce, reuse and recycle solid waste;
3


51                    d)  Flood  control  and  sewerage  management,  which  include formulating
52      and implementing policies, standards, programs and  projects for an integrated
53      flood control, drainage and sewerage system;
54                    e)  Urban  renewal,  zoning,  land  use  planning and  shelter services,  which
55       include formulating, adopting, and imp[ementing policies, standards,  rules and
56       regulations,  programs and  proj.ects to  rationalize  and  optimize  urban  land  use
57       and   provide   direction   to   urban   growth   and   expansion,   rehabilitating   and
58       developing  slums  and  blighted  areas,  developing shelter and  housing facilities
59       and providing necessary social services thereof;
6o                   f)  Health  and  sanitation,  urban  protection  and  pollution  control,  which
61       include    formulating    and     implementing    policies,     rules    and     regulations,
62      standards,  programs and  projects for  promoting and  safeguarding  health  and
63       sanitation   to   enhance   ecological   balance   and   prevent,   control   and   abate
64      environmental pollution; and
65                    g) Public safety, which  includes formulating and implementing programs,
66      policies  and  procedures  to  achieve  public  safety,  especially  preparedness  for
67      preventive or rescue operations during times of calamity and disasters such as
68       conflagration,  earthquakes,  flood,  and  coordinating  and  mobilizing  resources
69       and    implementing    contingency    plans    for    the    rehabilitation    and    relief
7o      operations in coordination with national agencies concerned.
4


71                   SEC. 6. funct/.ons a/the McOA. _ The MCDA shall exercise the following
72       functions:
73                    a)    Formulate    plans    aligned    to    the    Northern    Mindanao    Regional
74       Development  plan   (NMRDP)   2023-2028,   Philippine   Development  Plan   2023-
75       2028, and succeeding national and regional development plans;
76                   b)  Set  policies concerning traffic, waste  management,  and  public safety
77      and  security for  Metropolitan  Cagayan  de  Oro  and  coordinate,  regulate,  and
78      enforce  the  implementation  of these  programs  and  projects  with  concerned
79       national governmentagenciesand LGUs;
8o                   c)  Prepare  and  implement or  manage  metropolitan-wide  programs  and
81       projects for the delivery of specific services under itsjurisdiction, subject to the
82      approval  of the  Metropolitan  Cagayan  de  Oro  Development  Council  created
83       undersection7ofthisAct;
84                   d)   Review   and   recommend   to   the   Metropolitan   Cagayan   de   Oro
85       Development  council  policies  regarding  development  permits  for  residential,
86      commercial,  or  industrial  purposes  and  other  major  land  development  that
87      have  metropolitan-wide  impact  on  transportation  and  traffic,  proposed  to  be
88      implemented byor in the LGUs within the Metropolitan cagayan de oro;
89                   e)   Monitor  the   implementation   of  metropolitan-wide   programs  and
9o       projects   and   identify   implementation   issues   and   appropriate   solutions   to
91       addressthem;
5


92                    f)  Install  and administer a  single ticketing system, fix,  impose and collect
93       fines  and  penalties  for  all  kinds  of  violations  of traffic  rules  and  regulations,
94      whether  moving  or  non-moving  in   nature,   and  confiscate  and  suspend   or
95       revoke driver's licenses in the enforcement of such traffic laws and regulations
96       withinthe MCDAjurisdiction.
97                   g)   Prescribe  and  collect  service  and   regulatory  fees,  and  impose  and
98       collectfinesand penaltieswithin the MCDAjurisdiction;
99                   h)   Fix  the  compensation  of  the  officers  and   personnel  of  the   MCDA
loo       underthe existing salarystandardization  law; and
1ol                    i)  Perform  other functions,  consistent with this Act,  subject to  approval
1o2      bythe Metropolitan cagayan de oro Development council.
1O3                  SEC.  7.  Metropolitan  Cagayan  de  Oro  Development  Council.  -The
1o4      governing board  and the  policy-making body of the  MCDA is the  Metropolitan
1o5       Cagayan  de  Oro  Development  Council,  herein  referred  to  as  the  ``Counc/./,"
1o6       composed  of the  Chairperson  of the  Regional  Development  Council  (RDC)  of
1o7       Region  X,  governors  of the  provinces  of  Misamis  Oriental  and  Bukidnon,  city
1o8       mayors  of  Cagayan   de  Oro   and   EI   Salvador,   and  the   municipal   mayors  of
log       Alubij.id,  Balingasag,  Claveria,  Gitagum,  lnitao,  Jasaan,  Laguindingan,  Libertad,
110       0pol,   Tagoloan,   Villanueva   in   Misamis   Oriental,   Manolo   Fortich,   Baungon,
Ill       Libona,  Malitbog, SumilaoandTalakag in  Bukidnon, who shall all  serve  in  an ex
112      o#/.c/.o  capacity.  The  chairperson   of  the  Council   shall   be  appointed   by  the
6


113       President  of  the  Philippines  from  a  selection  of  nominees  submitted  by  the
114       Council and serveforaterm of three (3)years.
115                   The  heads  of the following  cagayan  de  oro  regional  offices  of  national
116      government  agencies  shall  attend  all  meetings  of  the  Council  as  non-voting
117       members:  National  Economic and  Development Authority (NEDA);  Department
118       of   Human   Settlements   and   urban   Development   (DHSUD);   Department   of
119       Public  Works  and   Highways  (DPWH);   Department  of  the   Interior  and   Local
12o       Government   (DILG);    Department   of   Environment   and    Natural    Resources
121       (DENR);    Department    of    Health    (DOH);    Department    of    Information    and
122       Communications Technology  DICT);  Department of  Energy (DOE);  Department
123       of Tourism  (DOT);  Department  of Transportation  (DOTr);  Land  Transportation
124       Office (LTO) and  philippine National  police (PNP).
125                   The chairperson and members of the council, except ex o#/.c/.o members,
126      are entitled to allowance and per diems in  accordance with existing laws,  rules
127       and  regulations.
128                   SEC. 8. funct/.ons oJthe counc/./. -The council shall, as the policy-making
129       bodyofthe MCDA, exercise thefollowingfunctions:
13o                   a) Approve development plans,  investment  programs and  projects after
131       consultation   and   coordination   with  the   LGUs,   RDC  of  Region  X,   and   other
132      stakeholders operating in the Metropolitan cagayan de oro area;
7


133                    b)   Formulate  and   issue  ordinances,   resolutions,   rules  and   regulations
134      deemed necessary bythe MCDAtocarryoutthe purposesofthisAct;
135                   c)  Increase the  rate of allowances and per d/.ems of the  members of the
136      Council  to  be  effective  during the  term  of the  succeeding  Council,  subject  to
137       pertinent laws, policies, rules and regulations;
138                   d)  Recommend  investment  programming for  its  plans  and  programs,  as
139      well as supervise the implementation  of plans and programs which  include the
140      formulation and coordination of its related activities;
141                    e)  Coordinate  and work closely with the  DOTr and  its attached  agencies
142       on  the  grant  of  franchises  to  safe,  reliable  and  environment-friendly  public
143       utilityvehicles within the MCDAj.urisdiction;
144                   f)   Approve   the   annual   budget   of  the   MCDA  for   submission   to   the
145       Department  of  Budget  and  Management  (DBM)  and  endorse  the  annual  and
146      supplemental budgetsofthe MCDA; and
147                   g)  Perform  such  other acts and  assume such  other functions as  may  be
148      consistent and necessaryto carryoutthe provisions ofthisAct.
\49                 SEC. 9.  Effectivity  of ordinances  and  Resolutions.  -An  ordinance  or
15o       resolution  passed  by the  Council,  in  the  exercise  of  its  rule-making  power  as
151       provided  in  Section  8  of  this  Act,  shall  be  posted  in  a  bulletin  board  at  the
152       entrance of the MCDA building and in at leasttwo (2) other conspicuous places
8


153       in the office of the  MCDAwithin ten  (10) days from  its approval  and shall take
154      effect fifteen (15) days aftersuch posting.
155                    Ordinance  with  penal  sanctions  shall  be  published  in  a  newspaper  of
156      general  circulation  within  Metropolitan  Cagayan  de  Oro  and  shall  take  effect
157      fifteen (15) daysthereafter.
158                  SEC.10. funct/.ons oJthe choi.rperson.  -The chairperson of the council
159       shall exercisethefollowingfunctions:
16o                    a)   Appoint,   subject   to   civil   service   laws,   rules   and   regulations,   all
161       subordinate  officers  and  employees,  who  shall  enj.oy  security  of  tenure  and
162       may be removed onlyforcause in accordance with law;
163                    b)  Engage  the  services  of  experts  or  consultants  either  on  full  time  or
164       part-time  basis,  as  may  be  required  in  the  performance  of the  chairperson's
165       functionsandduties;
166                   c)  Execute  the  policies  and  measures  approved  by  the  council  and  be
167      responsible  for  the  efficient  and   effective  day-to-day   management  of  the
168       operationsofthe MCDA;
169                   d)  Prepare  the  annual  budget  for  the  operations  of the  MCDA  for the
170       submissiontothecouncil;
171                    e)   Submit   for   consideration   of   the   Council   such   other   duties   and
172      measures  as the  chairperson  may deem  necessary to  carry  out the  purposes
173       and provisionsofthisAct;
9


174                   f) Prepare the staffing pattern and fix the number of subordinate officials
175       and employees of the MCDA in accordance with the civil service laws, rules and
176       regulations, and subjecttothe evaluation and approval of the DBM;
177                    g)  Exercise  the  power to  discipline  subordinate  officials  and  employees
178       under the provisions of existing laws and subject to the guidelines and  policies
179       setbythecouncil;
18o                   h) Prepare an annual report on the accomplishments of the MCDA atthe
181       close of each calendaryearfor submission to the council and to the  president
182       of the  philippines;and
183                   i)  Perform  such  other duties as may be assigned  by the  president of the
184       Philippinesorbythe council.
185                   SEC.11. Other MCDA O#c/.a/s. -The chairperson of the council, as head
186      of the implementingarm of the MCDA, shall beassisted bya General  Manager,
187      Assistant  General  Manager for  Finance  and  Administration,  Assistant  General
188       Manager  for  planning  and  Assistant  General  Manager  for  Operations,  all  of
189      whom   shall   be   appointed   by   the   President   of   the   Philippines   upon   the
190       recommendation  of majority of the  council,  subject to  civil  service  laws,  rules
191       and   regulations.  These  officials  shall   enjoy  security  of  tenure  and   may  be
192       removed onlyforcause in accordance with law.
10


193                   The  Assistant  General  Manager for  planning  must  have  at  least five  (5)
1g4      years   extensive   experience   in   development   and   planning  or   must   hold   a
195       Master's degree in  urban planningorsimilar disciplines.
196                 SEC.12.  Functions  of the  General  Manager.  -The  general  manager
197      shall exercisethefollowingfunctions:
198                    a)   Assist   the   chairperson   in   the   administration   of   the   MCDA   and
199       supervision of subordinate personnel;
2oo                   b)  Assist  the  chairperson   in  the  supervision  of  the  operation  of  the
2ol       variouscentersand unitsofthe MCDA;
202                   c)  Assist  the  chairperson  in  the  review  of  plans  and  programs  for  the
203       MCDA  and  for  the  cities  and  municipalities  in  the  preparation  of the  annual
2o4      report of activities and accomplishments of the MCDA; and
205                   d) Perform such other duties and functions as may be lawfuHy delegated
2o6      or assigned bythe chairperson from timetotime.
207                  SEC.  L3.   Institutional   Linkages  of  the  MCDA.  -The  MCDA  shau.in
2o8       carrying out its functions,  consult,  coordinate and  work closely with the  LGUs,
209       RDC    of    Region    X,    and    other    national    government    agencies,    people's
210      organizations, non-government organizations, and the private sector operating
211       in  Metropolitan  Cagayan  de  Oro.  The  MCDA  shall  adopt  a  master  plan  that
212      shau   serve   as   the   framework   for   the   local   development   plans   of   the
213       componentLGUsand alignedwiththeNMRDP.
11


214                   The  MCDA  shall  submit the  council's  approved  development  plans  and
215       investment  programs  to  the   RDC  of  Region  X  for  integration   in  the  plans,
216      programs   and   projects  that   shall   be   undertaken   by  the   LGUs,   concerned
217      national    government    agencies,    people's    organizations,    non-government
218      organizations,  private  sector  and the  MCDA itself where  appropriate.  For this
219      purpose,  the  MCDA  may  enter  into  contracts  or  memoranda  of  agreement
22o      with these bodies for the delivery of the required services within  Metropolitan
221       Cagayandeoro.
222                    The   MCDA  shall,   in   coordination   with  the   NEDA  and   Department  of
223       Finance,  interface  with  foreign  assistance  agencies  for  purposes  of  obtaining
224      financing   support,   grants   and   donations   in   support   of   its   programs   and
225       projects.
226                 SEC.14. Metropolitan cagayan de oro police District. -There.is heredv
227      established  a  police  body to  be  known  as  the  Metropolitan  Cagayan  de  Oro
228       Police District (MCPD). The MCPD shall be underthe administrative control and
229      operational  supervision  of  the  National  Police  Commission  and  headed  by  a
23o       Police  Brigadier  General.  The  MCPD  shall  assume  and  perform  the  following
231        functions:
232                   a)  Assume   operational   control   over  the   local   police   offices   in   areas
233       withinthejurisdiction of the MCDA;
12


234                   b)  Ensure that peace, order and safety within the  MCDA are maintained
235       atalltimes;
236                   c)  Integrate  law  enforcement  and  police  operations  capabilities  within
237      the  MCDA  and  further  promote  efficiency  in  enforcing  laws  and  ordinances
238       therein;and
23g                    d)  Coordinate  with  the  MCDA,  Regional  Police  Office,  LGUs  and  other
240      relevant  agencies  and  recommend  plans  and  programs  to  be  implemented
241       withintheMCDA.
242                  SEC.15. Sources oJfunds. -The amount necessary for the operation of
243       the MCDAshall be included in the annual General AppropriationsAct.
244                   The   operations   of   the   MCDA   shaH   likewise   be   supported   through
245       financial  contributions  and  technical  assistance  from  member  LGUs,  national
246      government   agencies   and   government-owned   or   controlled   corporations
247      (GOCCs) and the private sector, and other local and international organizations
248      in the form  of grants,  donations,  contributions,  payments,  penalties, fees and
249       charges.
25o                   ln  case  of grants,  in  cash  or  in  kind,  from  foreign  governments  or their
251       agencies  and   instrumentalities,   or   multilateral   institutions  or  organizations,
252      acceptance  thereof  shaH  be  subject  to  prior  clearance  and  approval  of  the
253       Council  and the  president of the  phHippines or the  authorized  representative,
254      based on the recommendation of the secretary of Finance.
13


255                   ln  case  of  donations,   in   cash   or  in   kind,  from  foreign   governments,
256      acceptance thereof  shall  require  prior  clearance  and  approval  by the  CouncH
257      and the president of the philippines, or the authorized representative based on
258      the recommendation of the secretary of Foreign Affairs.
259                  The council shaH undertake continuing negotiations among the member
260       LGUs and GOCcsto commit annual financial contributionsforthe operations of
261       theMCDA.
262                  SEC. L6. Implementing Rules and Regulations. -W.ith.in n.inety (90} days
263      from the effectivity of this Act, the chairperson  shaH,  in  consultation with the
264      Counc„   promulgate  the   necessary  rules  and   regulations  for  the  effective
265       implementation ofthisAct.
266                  SEC.17.  Separobj/jtyC/ouse.  -lf  any  provision  of this  Act  is  declared
267       unconstitutional or invalid, the remaining parts or provisions not affected shaH
268      remain infullforceandeffect.
269                   SEC.18.   Repeo„ngc/ouse.-All  laws, executive orders, issuances,  rules
27o      and regulations, or parts hereof inconsistent with the provisions of this Act are
271       repealed or modified accordingly.
272                   SEC.19.   E#ect/.v/.ty.-ThisAct shau take effect fifteen (15) days after its
273       publication  in  the  O#/'c/.c7/  Gcrz€[fe,  a  newspaper  of  general  circulation,  or  a
274      website providedforbylaw.
Approved,
14