SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES.

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Billo, _4241
EXPLANATORY NOTE

According to Article X, Section 11 of the 1987 Philippine
Constitution, “The Congress may, by law, create special metropolitan political
subdivisions, subject to a plebiscite as set forth in Section 10 hereof. The
component cities and municipalities shall retain their basic autonomy and
shall be entitled to their own local executive and legislative assemblies. The
jurisdiction of the metropolitan authority that will thereby be created shall be
limited to basic services requiring coordination’,

At present, Cagayan de Oro (CDO) is fast becoming one of the most
modernized and vibrant cities in the Philippines. It is one of the major and
fastest growing cities in the Philippines In the 2012 Cities/Municipalities
Competitiveness Report, the first ever released by the National
Competitiveness Council (NCC), CDO bested 122 cities in terms of
competitiveness making it the most competitive city in the Philippines, It is
now experiencing a booming trade market and is one of the main tourism
centers in Mindanao. It is also an education hub with some of the best schools
and universities in the country.

Currently, it has a population of around 700,000 with many of its
residents, being non-homegrown Kagay-anons. It is strategically located
being the gateway to Mindanao which makes its very accessible to all the
major cities in the Philippines. It is just an hour and 20 minutes by plane from
Manila; 30 minutes away from Cebu by plane; Davao is just five hours away;
lligan to the West and Bukidnon to the Southeast are just an hour or so away.

In the said 2012 Cities/Municipalities Competitiveness Report, cities
were ranked based on 3 indicators; economic dynamism, government
efficiency, and infrastructure. With this report, investors will be guided in
where to put up their businesses while at the same time encouraging LGU's to
pursue best practices so they can attract more investments. CDO ranked in
the top three cities in terms of government efficiency indicating that the city
has transparency and accountability and is impressive in terms of public
finance, performance recognition, business responsiveness and basic
government services. CDO also ranked very high in terms of infrastructure
indicating that it has very good road networks, basic utilities and registered
vehicles.


With this boom in all aspects of CDO, it is inevitable that the
improvements and investments will spill over to neighboring cities and
municipalities like Villanueva, Tagoloan, Opol, Alubijid, Laguindingan and El
Salvador. As such, there is a need to make these areas more livable,
ecologically-friendly and dynamic.

There is, therefore, a need to create an Authority which will provide
what the Metro Manila Development Authority does for Metro Manila which is
to assist in crafting and implementing an integrated development plan
characterized by unity of purpose, innovation, resiliency, sustainability,
adaptability, and creativity in meeting the challenges of transport
decongestion, climate change, waste management, and disaster prevention in
order to achieve a decent quality of life.

This bill proposes the creation of a Metro Cagayan de Misamis
Development Authority, This proposed Authority will provide services to the
covered cities and municipalities including Development Planning; Transport
and Traffic Management; Solid Waste Disposal and Management; Flood
Control and Sewerage Management; Urban Renewal, Zoning and Land Use
Planning and Shelter Services; Health and Sanitation, Urban Protection and
Pollution Control; and Public Safety.

In view the foregoing, the immediate passage of this bill is earnestly
requested.

RUFUS B. ROD} EZ

WH.
MAXIMO B. ROPRIGUEZ, JR.



SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B, Rodriguez and
_ Representative Maximo B. Rodriguez, Jr.

House Bill No, 4244

AN ACT
CREATING THE METRO CAGAYAN DE MISAMIS DEVELOPMENT
AUTHORITY, DEFINING ITS POWERS AND FUNCTIONS, PROVIDING
FUNDING THEREFOR AND FOR OTHER PURPOSES

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

Sec 1. Declaration of Policy. ~ It is hereby declared to be the policy of the
State to treat Metro Cagayan de Misamis as a special development and
administrative region and certain basic services affecting or involving it 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, Metro Cagayan de Misamis embracing the
Cities of Cagayan de Oro and El Salvador, Misamis Oriental and the
Municipalities of Villanueva, Tagoloan, Opol, Alubijid and Laguindingan all in
Misamis Oriental are hereby constituted into a special development and
administered area.

Sec 2. Creation of the Metro Cagayan de Misamis Development Authority. —
The affairs of Metro Cagayan de Misamis shall be administered by the Metro
Cagayan de Misamis Development Authority, hereinafter referred to as the
MCMDA.

The MCMDA 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 Cagayan de Misamis
without diminution of the autonomy of the local government units concerning
purely local matters.

Sec 3. Scope of MOMDA Services. - Metro-wide services under the
jurisdiction of the MCMDA are those services which have metro-wide Impact
and transcend legal 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 Metro Cagayan de Misamis. These
services shall include:
1. Development planning which includes the preparation of medium and
long-term development plans: the development evaluation and


packaging of projects; investment programming and coordination and
monitoring of plan, program and project implementation

2. Transport and traffic management which includes the formulation,
coordination and monitoring of policies, standards, programs and
projects to rationalize the existing transport operations, infrastructure
fequirements, the use of thoroughfares, and promotions 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 Metro Cagayan de
Misamis.

3. 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.

4, Flood control and sewerage management which includes the
formulation and implementation of policies, standards, programs and
projects for an integrated flood control, drainage and sewerage system.

5, Urban renewal, zoning and 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 thereof.

6. Health and sanitation, urban protection and pollution control which
includes 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.

7. 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 coordination and mobilization of resources
and the implementation for rehabilitation and relief operations in
coordination with national agencies concerned.

Sec 4. Metro Cagayan de Misamis Council, ~ The governing board and policy
making body of the MCMDA shall be the Metro Cagayan de Misamis Council,
composed of the majors of the two (2) cities and five (5) municipalities
enumerated in Section 1 hereof

The heads of the Department of Transportation and Communications
(DOTC), Department of Public Works and Highways (DPWH), Department of
Tourism (DOT), Department of Health (DOH), Department of Budget and
Management (DBM), National Economic and Development Authority (NEDA),


Housing Urban and Development Coordinating Committee (HUDCC) and the
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 an Assistant General Manager for Operations, 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 and regulations
They shall enjoy security of tenure and may only be removed for cause in
accordance with law.

The Assistant General Manager for Planning must have not less than
five (5) years of extensive experience in development and planning or must
hold a master's degree in urban planning or similar discipline

The Chairman and the members of the Council shall be entitled to
allowances and per diems in accordance with existing policies, rules and
regulations on the matter

Sec. 5. Powers and Functions of the Metro Cagayan de Misamis
Development Authority. ~The MCMDA 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 Metro Cagayan de Misamis,
consistent with national development objectives and priorities.

b. Prepare, coordinate and regulate the implementation of medium term
investment programs tor metro-wide services which shall indicate
sources and uses of funds for priority programs and projects, 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, MCMDA can create
appropriate project management offices;

d. Coordinate and monitor the implementation of such plans, programs
and projects in Metro Cagayan de Misamis; identify bottlenecks and
adopt solutions to problems of implementation;

e. Set the policies concerning traffic in Metro Cagayan de Misamis, and
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 driver's licenses in the enforcement of such


traffic laws and regulations, notwithstanding existing traffic laws. For
this purpose, the MCMDA shall enforce all traffic laws and regulations
in Metro Cagayan de Misamis, through its traffic operation center, and
may deputized 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 MCMDA
may impose;

g. formulate and implement policies, standards, programs and projects for
proper and sanitary waste disposal, establish and operate sanitary
landfills, waste to energy plants and related facilities and the implement
other alternative programs intended to reduce, reuse and recycle solid
waste;

h. formulate and implement policies, standards, programs and projects for
an integrated flood control, drainage and sewerage system;

i. formulate, adopt and implement 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,

j. formulate and implement policies, rules and regulations, standards,
programs and projects for the promotion and safeguarding of the health
and sanitation of the metropolitan area and for the enhancement of
ecological balance and the prevention, control and abatement of
environmental pollution;

k. formulate and implement 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 coordination
and mobilization of resources and the implementation for rehabilitation
and relief operations in coordination with national agencies concerned;
and

|. Perform other related functions required to achieve the objectives of
the MCMDA, 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 Cagayan de Misamis Council. - The Council
shall be the policy making body of the MCMDA.

It shall approve metro-wide plans, programs and projects and issue
rules and regulations and resolutions deemed necessary by the MCMDA to
carry out the purposes of this Act

It may 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 MCMDA, and
approve the annual budget thereof for submission to the Department of
Budget and Management.

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;

Execute the policies and measures approved by the Metro Cagayan de
Misamis Council and be responsible for the efficient and effective day-
to-day management of the operations of the MCMDA;

Prepare the annual budget for the operations of the MCMDA for
submission to the Council,

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

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 MCMDA and exercise the power to discipline
subordinate officials and employees under the provision of law,

Prepare an annual report on the accomplishments of the MCMDA at
the close of each calendar year for submission to the Council and to
the President of the Philippines; and

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,

b.

¢

Assist the Chairman in the administration of the MCMDA and
supervision of subordinate personnel;

Assist the Chairman in the supervision of the operation of various
operating centers and units of MCMDA;

Assist the Chairman in the review of plans and programs for the
MCMDA and for Metro Cagayan de Misamis, in the preparation of the
annual report of the activities and accomplishments of the MCMDA;
and

Perform such other duties and functions as maybe lawfully delegated
or assigned by the Chairman from time to time.

Sec 9. Institutional Linkages of the MCMDA. - The MCMDA shall, in carrying
out its functions, consult, coordinate and work closely with the LGUs, the
NEDA and other national government agencies mentioned in Section 4 hereof
and accredited people's organizations (POs); non-governmental organizations
(NGOs), and the private sector operating in Metro Cagayan de Misamis.

The MCMDA Chairman or his authorized representative from among

the Council members, shall be ex-officio member of the boards of government
corporations and corporations and committees of the department and offices
of government whose activities are relevant to the objectives and


responsibilities of the MCMDA which shall include but not limited to the
DOTC, DPWH, HUDCC and Department of Interior and Local Government
(DILG)

The MCMDA shall have a master plan that shall serve as the
framework for the local development plans of the component LGUs.

The MCMDA shall submit its development plans and investment
programs to the NEDA for integration into the Medium-Term Philippine
Development Plan (MTPDD) and public investment program.

The implementation of the MCMDA's plans, programs and projects
shall be undertaken by the LGUs, the concerned national government
agencies, the POs, NGOs and the private sector and MCMDA itself where
appropriate. For this purpose, the MCMDA may enter into contracts,
memoranda of agreement and other cooperative arrangements with these
bodies for the delivery of the required services within Metro Cagayan de
Misamis.

The MCMDA 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.

Sec 10. Sources of Funds and the Operating Budget of MCMDA ~ To carry
out the purposes of this Act, the amount of Five Hundred Million Pesos
(P800,000,000) is hereby authorized to be appropriated for the initial
operation of the MCMDA. Thereafter, the annual expenditures including
capital outlays of the MCMDA shall be provided in the General Appropriations
Act.

The MCMDA is likewise empowered to levy fines and impose fees and
charges for various services rendered

Five percent (5%) of the total annual gross revenue of the preceding
year, net of the internal revenue allotment, of each local government unit
mentioned in Section 2 hereof, shall accrue and become payable monthly to
the MCMDA 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
MCMDA chargeable against the IRA allotment of the city or municipality
concerned, the provisions of Section 286 of RA 7160 to the contrary
notwithstanding

Sec 11. Repealing Clause. - All 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.

Sec 12. Separabllity Clause, - If any part or provision of this Act is held
unconstitutional or invalid, other parts of provisions thereof which are not
affected shall continue to remain in full force and effect

Sec 13. Effectivity. - This Act shall take effect fifteen (15) days following
completion of its publication in at least two (2) newspapers of general
circulation.

Approved,