NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
SENATE
s. No. 2373
I
of til?
23 AUG-1 A10:14
wraav'toBv.
INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO
AN ACT
CREATING THE METRO BATAAN DEVELOPMENT AUTHORITY, DEFINING ITS 
POWERS AND FUNCTIONS, AND PROVIDING FUNDS THEREFOR
EXPLANATORY NOTE
The Province of Bataan, a region situated along the western coast of Luzon, 
boasts a unique geographical location. As a peninsula, it is embraced by the waters of 
the West Philippine Sea to the west and the of Manila Bay to the east. Towards Its 
northeastern boundaries, it shares borders with the provinces of Bulacan and 
Pampanga, while its northern border is marked by the province of Zambales.
Among the developments on the horizon for Bataan is the forthcoming 
construction of the Bataan-Cavite Interlink Bridge, described by the Aslan 
Development Bank as the pivotal missing link in the road network connecting the 
National Capital Region, Central Luzon, and the Calabarzon region. The government's 
unwavering commitment to infrastructure investment promises to spur economic 
activities in the province, thus stirring a surge In regional growth and prosperity.
To facilitate the holistic development of the province, the creation of the Metro 
Bataan Development Authority (MBDA) is proposed through this measure. The 
authority aims to seamlessly integrate and coordinate efforts while fostering the socio­
economic advancement of the region. Emphasizing collaboration, shared resources, 
and bolstered by the financial backing of the national government, the MBDA is poised 
to elevate Bataan to unprecedented heights of progress and sustainable development.


In view of the foregoing, the passage of this biil is earnestiy sought.
JOSEPH VICTOR G. EJERCITO


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
SENATE 
S. No. 2373
; V©ffirp of (ijf flavjy
23 AUG-1 /«0:14
RECEI\TDB\’
INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO
AN ACT
CREATING THE METRO BATAAN 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:
1 
Section 1. Tide. -This Act shall be known as the "Metro Bataan Development
2 
Authority Act."
3 
Sec. 2. Declaration of Policy. - Consistent with the declaration of the policy of
4 
the State as provided in the Constitution, the Local Government and other pertinent
5 
national laws, it is hereby declared to be the policy of the State to encourage local
6 
government units (LGUs) to group themselves to coordinate efforts, services and
7 
resources for purposes commonly beneficial to their respective constituencies. It is
8 
also declared to be the policy of the State to integrate and coordinate the delivery of
9 
certain basic services as well as enforcement of laws, rules and regulations in the
10 
Province of Bataan and adjacent areas through (a) the Metro Bataan Development
11 
Council hereinafter referred to as Council, and (b) the Metro Bataan Development
12 
Authority (MBDA), as created herein.
13 
Sec. 3. Creation of the MBDA. -There is hereby created a special body to be
14 
known as the Metropolitan Bataan Development Authority, hereinafter referred to as
15 
"MBDA", which shall be organized within thirty (30) days after the approval of this Act,
16 
to coordinate and promote socioeconomic growth and sustainable development of
17 
Metropolitan Bataan.
18 
The MBDA shall execute the powers and functions herein vested which shall,
19 
however, in no way diminish the autonomy of the LGUs of Metropolitan Bataan


1 
concerning purely local matters, within the framework and subject to the mandate
2 
and limitations of the Constitution and the pertinent provisions of Republic Act No.
3 
7160, otherwise known as the "Local Government Code of 1991".
4 
Sec. 4. Scope ofMBDA Services. - The MBDA shall have the authority to provide
5 
services to the entire province of Bataan and to areas including the road networks or
6 
expressways directly connected to or covered by the territorial jurisdiction of Bataan,
7 
such as, but not limited to, multiple LGUs for areas that are socio-economically
8 
Interdependent or which entail expenditure beyond the capacity of any single LGU in
9 
the Province of Bataan.
10 
Subject to the limitations set forth in Sections 13 and 14 hereof and when
11 
requested by concerned LGUs, in coordination with appropriate national government
12 
agencies, the MBDA shall perform the following services:
13 
(a) Assistance to the Planning Offices of the LGUs in Bataan and the freeport
14 
and special zone authorities of Subic Bay Metropolitan Authority (SBMA) in
15 
the development planning, in case the need arises, which includes the
16 
preparation of proposed medium and long-term development plans, the
17 
development, evaluation and packaging of proposed projects, investment
18 
programming, and coordination and monitoring of plans, programs and
19 
projects required by the provincial development plan as approved by the
20 
Sanggunian or Board of Directors concerned. Provided, that the Planning
21 
Offices shall have primary jurisdiction over development planning in said
22 
provinces, city, municipality or freeport/ecozone authority, as the case may
23 
be.
24 
(b)With respect solely to provincial and national roads, transportation and
25 
traffic management, the coordination and monitoring of policies, standards,
26 
programs and projects approved by the Council to rationalize the existing
27 
transport operations in coordination with the Department of Transportation
28 
(DOTr); the determination, planning, procurement, and provision of
29 
infrastructure requirements in coordination with the DPWH; the
30 
enhancement of the safe use of thoroughfares; the promotion of safe and
31 
convenient movement of persons and goods: the provision of transport
32 
systems and the establishment of a system to regulate road users; the


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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 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;
(e) Assistance in urban renewal, zoning, land use planning, and shelter services, 
which includes 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;
(f) 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


1 
(g) Ensuring disaster resilience through the implementation of programs,
2 
policies and procedures to achieve preparedness for preventive or rescue
3 
operations during times of calamities and disasters such as conflagrations
4 
earthquakes, flood and tidal waves; and coordination and mobilization of
5 
resources and the implementation of contingency plans for rehabilitation
6 
and relief operations.
7 
(h) Public safety, which includes formulating and implementing programs,
8 
policies and procedures to achieve public safety, especially preparedness
9 
for preventive or rescue operations during times of calamity and disaster
10 
such as conflagration, earthquakes, flood; and coordinating and mobilizing
11 
resources and implementing contingency plans for rehabilitation and relief
12 
operations in coordination with national agencies concerned; and
13 
(i) Assistance In formulating a comprehensive educational development
14 
program, in coordination with the Department of Education (DepEd) and
15 
the Commission on Higher Education (CHED), to ensure that adequate total
16 
human capital grants and human resources development would be achieved
17 
Sec. 5. Functions and Powers of the Metro Bataan Development Authority. -
18 
The MBDA shall:
19 
(a) Coordinate and monitor the implementation of approved medium and long-
20 
term plans and programs for the delivery of province-wide or Inter-
21 
province-wide services, consistent with the national development objectives
22 
and priorities;
23 
(b) Undertake and manage approved plans and projects for the delivery of
24 
specific services under Its jurisdiction, subject to the approval of the Council;
25 
(c) Coordinate, monitor and adopt solutions to problems of implementation of
26 
such plans, programs and projects in the province, identify bottlenecks and
27 
adopt solutions to the problems of implementation;
28 
(d) Implement existing and approved traffic policies on provincial and national
29 
roads, coordinate and regulate the Implementation of all approved programs
30 
and projects concerning traffic management on provincial and national
31 
roads specifically pertaining to enforcement, engineering and education;
32 
Provided, That upon request by LGUs and other government agencies and


1 
with the approval of the Council, it shail extend assistance and cooperation
2 
inciuding the assignment of personnei to such LCDs and other government
3 
agencies and offices;
4 
(e) When deputized by the Land Transportation Office (LTO), concerned LGUs
5 
and other government authorities, shall issue tickets, citations and collect
6 
fines and penalties for violations of traffic rules and regulations on provincial
7 
and national roads, whether moving or non-moving in nature;
8 
(f) Enter into contracts, approved by the Council to enable It to carry out its
9 
purpose and functions under this Act; and
10 
(g) Perform other related functions to achieve the objectives of the MBDA and
11 
provide the services in Section 5 of this Act, including the undertaking of
12 
delivery of basic services to the LGUs not otherwise provided by in Section
13 
5 of this Act, when deemed necessary subject to prior coordination with and
14 
consent of the LGU concerned and the Council.
15 
Sec. 6. Metro Bataan Development Council. - The governing board and
16 
policymaking body of the MBDA shall be the Metropolitan Bataan Development
17 
Council, which shall be composed of the Governor as ex-officio Chairperson of the
18 
Council, the Mayors of the City of Balanga, the Municipalities of Abucay, Bagac,
19 
Dinalupihan, Hermosa, Limay, Mariveles, Morong, Orani, Orion, Pilar, and Samal, the
20 
Administrator of the Subic Bay Metropolitan Authority (SBMA), as ex-officio members.
21 
The Region-Ill regional directors of the Department of the Interior and Local
22 
Government (DILG), Department of Environment and Natural Resources (DENR),
23 
Department of Public Works and Highways, Office of Civil Defense (OCD), and
24 
Philippine National Police (PNP), shall be ex-officio members of the Council without
25 
voting rights.
26 
Sec. 7. Functions and Powers of the Metro Bataan Development Council. - The
27 
MBD Council as the policy making body of the MBDA, shall exercise the following
28 
functions:
29 
(a) Approve the development plans, investment programs, and projects after
30 
consultation and coordination with the LGUs and other stakeholders
31 
operating in the Metro Bataan Area;


1 
(b) Formulate and issue ordinances, resolutions, rules and regulations deemed
2 
necessary by the MBDA to carry out the purposes of this Act;
3 
(c) Recommend Investment programming for its plans and programs as well as
4 
supervise the implementation of plans and programs which will include the
5 
formulation and coordination of Its related activities;
6 
(d) Coordinate and work closely with the DOT and its attached agencies on the
7 
grant of franchises to safe, reliable, and environment-friendly public utility
8 
vehicles within the MBDA jurisdiction;
9 
(e) Approve the annual budget of the MBDA for submission to the Department
10 
of Budget and Management (DBM), and endorse the annual as well as the
11 
supplemental budgets of the MMDA; and
12 
(f) Perform such other acts and assume such other functions as may be
13 
consistent and necessary to carry out the provisions of this Act.
14 
Sec. 8. Official Misconduct -The MBDA shall exercise Its functions and powers
15 
impartially, without regard to the political interests or affiliations of the members of
16 
the Council. Failure to do so shall constitute official misconduct punishable by law, in
17 
particular. Section 3 of Republic Act No. 3019, otherwise known as the "Anti-Graft and
18 
Corrupt Practices Act", and shall, following observance of due process, result in the
19 
immediate termination of the erring MBDA officer or personnel.
20 
Sec. 9. Metro Bataan Development Authority Administrator. - The MBDA shall
21 
be headed by an Administrator, to be appointed by the President of the Philippines
22 
and chosen from a list of at least three (3) nominees submitted by the Council. The
23 
Administrator shall have a term of three (3) years unless otherwise removed for cause
24 
In accordance with law, and have the rights, rank, disqualifications, and prohibitions
25 
of an Undersecretary under existing civil service rules and regulations. The
26 
Administrator shall not be related to any member of the Council within the fourth civil
27 
degree of consanguinity or affinity.
28 
The Administrator shall be assisted by a Deputy Administrator for Finance and
29 
Administration and a Deputy Administrator for Planning and Operations, both of whom
30 
shall be appointed by the Administrator with the concurrence of the Council, subject
31 
to civil service laws, rules and regulations. They shall enjoy security of tenure unless
32 
otherwise removed for cause In accordance with law. The Deputy Administrator for


1 
Finance and Administration and the Deputy Administrator for Planning and Operations
2 
shall not be related to the Administrator or any member of the Council within the
3 
fourth civil degree of consanguinity or affinity.
4 
Sec. 10. Functions of the Administrator. - The Administrator shall:
5 
(a) Appoint, subject to Civil Service laws, rules and regulations, all subordinate
6 
officers and employees, who shall enjoy security of tenure and may be
7 
removed only for cause in accordance with law. The Administrator is hereby
8 
authorized to engage the services of experts or consultants either in full-
9 
time or part-time basis, as may be required In the performance of his
10 
functions and duties as may be determined by him;
11 
(b) Execute the policies, measures, and programs approved by the Council and
12 
be responsible for the efficient and effective day-to-day management of the
13 
operations of the MBDA;
14 
(c) Prepare the annual budget for the operations of the MBDA for the
15 
consideration and approval of the Council;
16 
(d) Submit for consideration of the Council such other duties and measures as
17 
may be deemed necessary to carry out the purposes and provisions of this
18 
Act;
19 
(e) Subject to the Civil Service Decree, rules and regulations, and the approval
20 
of the Council, determine the staffing pattern, fix the compensation of the
21 
officers and personnel of the MBDA in accordance with the Salary
22 
Standardization Law, and fix the number of subordinate officials and
23 
employees of the MBDA and exercise the power to discipline subordinate
24 
officials and employees under the provisions of law;
25 
(f) Supervise the operation of various operating centers and units of the MBDA;
26 
(g) Formulate and recommend policies and programs to the Council for the
27 
efficient delivery of province-wide or inter-province wide services;
28 
(h) Prepare an annual report on the activities and accomplishments of the
29 
MBDA at the close of each year for submission to the Council and the Office
30 
of the President;
31 
(i) Ensure that all information, official records, documents and papers
32 
pertaining to official acts, transactions or decisions of the Council and the


1 
MBDA, including research data used by the Council and the MBDA as basis
2 
for policy development, are preserved and made available to the public
3 
when requested; and
4 
(j) Perform other duties and functions as may be lawfully delegated or assigned
5 
by the Council from time to time.
6 
Sec. 11. MBDA Planning Office. -There is hereby created a Planning Office in
7 
the MBDA as its planning and policy coordinating body that will, in coordination with
8 
or In assistance to, the LGUs and other members of the Metro Bataan Development
9 
Council, formulate and Implement comprehensive urban or regional development
10 
plans within its area of jurisdiction. Its specific tasks include, but shall not be limited
11 
to, zoning and land use management, transportation planning, development review,
12 
project evaluation and monitoring, data and analysis research, socio-economic policy
13 
formulation, environmental planning and public engagement and stakeholder
14 
coordination, advocacy and capacity development.
15 
Sec. 12. Institutional Linkages of the MBDA. - The MBDA shall, in carrying out
16 
its functions, consult, coordinate and work closely with the LGUs, the DPWH, DOTr
17 
and other national government agencies; accredited people's organizations (POs);
18 
nongovernment organizations (NGOs), and the private sector operating in Bataan.
19 
The implementation of the MBDA's plans, programs and projects shall be
20 
undertaken by the LGUs, the concerned national agencies, the POs, NGOs, and the
21 
private sector and MBDA itself, as necessary and where appropriate, to meet the
22 
objectives of this Act. For this purpose, the MBDA may enter into contracts approved
23 
by the Council with such entities for the achievement of such purposes.
24 
Sec 12. The Metro Bataan Development Master Plan - The MBDA shall prepare
25 
a master plan to be approved by the Council and the PPDO that shall serve as the
26 
framework for the local development plans of the component LGUs. For this purpose,
27 
the council, through the MBDA, may require its ex-officio non-voting members as well
28 
as other national government agencies and instrumentalities to submit development
29 
plans and projects to be Implemented within its jurisdiction.
30 
The master plan shall contain, but will not be limited to, the following
31 
components: areas of industrial growth, planned infrastructure development, tourism
32 
site development plan, planned energy facility development.


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Sec. 13. Metro Bataan Maritime Poiice - There is hereby established a police
2 
body to be known as the Metro Bataan Maritime Police (MBMP) that shall be under
3 
the administrative control and operational supervision of the Philippine National Police
4 
Region III. The MBMP shall assume and perform the following functions:
5 
(a) Ensure that peace, order and safety within the immediate territorial waters
6 
of Metro Bataan are maintained at all times;
7 
(b) Coordinate with the Philippine Coast Guard, the SBMA, member LGUs of the
8 
MBDA, the Regional Police Office, and other relevant agencies in fulfilling its
9 
mandate within the territorial jurisdiction of the MBDA
10 
Sec. 14. MBDA SchooiBoard. - The MBDA School Board is hereby created which
11 
is tasked, among others, to:
12 
(a) Determine, together with DepEd and CHED, the direction for public schools
13 
In the community to ensure that a long-term vision is established for the
14 
school system within the territorial jurisdiction of the MBDA;
15 
(b) Establish an effective and efficient organizational structure. The MBDA
16 
School Board shall in coordination with the DepEd and CHED:
17 
i. Provide consultation on the appointment of division superintendents,
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district supervisors, school principals, and other officials;
19 
ii. Oversee the development and adoption of by-laws and policies of
20 
public schools in the area;
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iii. Set a direction, together with DepEd and CHED, for the adoption of
22 
curriculum of public schools in the area;
23 
iv. Establish budget priorities and adopting a budget and local control
24 
and accountability plan for schools within the territorial jurisdiction
25 
of the MBDA;
26 
(c) Determine, in accordance with the criteria set by the DepEd and CHED, the
27 
annual supplementary budgetary needs for the operation and maintenance
28 
of public schools within the jurisdiction of the MBDA, and the supplementary
29 
local cost of meeting such needs, which shall be reflected In the form of an
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annual school board budget corresponding to its share of the proceeds of
31 
the special levy on real property consisting the Special Education Fund and


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such other sources of revenue as Republic Act No. 7160 or the Local
2 
Government Code ofl991 and other laws or ordinances may provide;
3 
(d) Authorize the Deputy Administrator for Finance and Administration to
4 
disburse the funds from the Special Education Fund pursuant to the budget
5 
prepared and in accordance with existing rules and regulations;
6 
(e) Establish systems and processes to monitor results, evaluate the school
7 
system's progress. The MBDA School Board shall be responsible for:
8 
i. Ensure that policies for evaluation based on the criteria set by DepEd
9 
and CHED are employed at all times;
10 
ii. 
Monitoring the implementation of standards and policies;
11 
iii. 
Monitoring student achievement, program effectiveness, and
12 
recommend to DepEd, CHED, or the respective sanggunians, as the
13 
case may be, program changes, if any;
14 
iv. Monitoring and adjusting finances of public schools in the territorial
15 
jurisdiction of the MBDA; and
16 
V. Evaluating its own effectiveness through board self-evaluation.
17 
(f) Serve as an advisory committee to the respective sanggunians on
18 
educationai matters such as, but not limited to, the necessity for and the
19 
uses of local appropriations for educational purposes; and
20 
(g) Recommend changes in the name of public schools within the territoriai
21 
jurisdiction of MBDA for enactment by the sanggunian concerned.
22 
Sec. 15. Sources of Funds and Operating Budget of the MBDA. - The amount
23 
necessary for the operating budget of MBDA shall be included in the annual General
24 
Appropriations Act.
25 
The MBDA is likewise empowered to impose administrative fees and charges
26 
on such rates and amounts approved by the Council for various services rendered.
27 
The MBDA, through the Council, and subject to the approval of the LGUs and
28 
their respective sanggunians, may call on its member city and municipalities to
29 
contribute such amount as may later on be determined for its operation and the
30 
implementation of projects.
31 
The MBDA may accept donations and grants from foreign and local sources. In
32 
case of grants, in cash or kind, from governments of foreign countries or their agencies
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1 
and instrumentalities, or from multilateral institutions or organizations, acceptance
2 
thereof shall be subject to the prior clearance and approval by the Council and the
3 
President of the Philippines or the authorized representative based on the
4 
recommendation of the Secretary of Finance. On the other hand, other donations. In
5 
cash or in kind, from foreign government shall require prior clearance and approval
6 
by the Council and the President, or the authorized representative based on the
7 
recommendation of the Secretary of Foreign Affairs.
8 
The MBDA may, subject to the approval of the Department of Finance (DOF),
9 
the Bangko Sentra! ng Pilipinas (BSP), the National Economic and Development
10 
Authority (NEDA), and the Council, obtain financing support from local and foreign
11 
sources.
12 
Sec. 16. Transparency Clause. - Pursuant to Executive Order No. 2, s. 2016,
13 
the public shall have access to information, official records, documents and papers
14 
pertaining to official acts, transactions or decisions of the Council and the MBDA, as
15 
well as to research data used by the Council and the MBDA as basis for policy
16 
development. The Council and the MBDA shall preserve and make readily accessible
17 
all such information, official records, documents, and papers. As provided by E.O. No.
18 
2, failure to do so shall be a ground for the imposition of administrative and disciplinary
19 
sanctions on the erring officers or employees, without prejudice to prosecution for
20 
violation of other laws.
21 
Sec. 17. Non-Diminution Clause. - The Council cannot modify, overrule or
22 
disregard resolutions passed by the Sangguniang Barangay, Sangguniang Bayan,
23 
Sangguniang Paniungsod and Sanggunian Paniaiawigan, within the Province of
24 
Bataan. It cannot also modify, overrule, or disregard ordinances enacted and ratified
25 
by the local sanggunians executive orders of local chief executives.
26 
In discharging its functions and performing its services under Sections 5 and 6 herein,
27 
the MBDA shall, in no case, diminish or undermine the autonomy of the LGUs. The
28 
member LGUs shall continue to have control and be responsible for their respective
29 
local projects and services. No MBDA service shall be implemented in a locality unless
30 
the LGU concerned concurs thereto.
31 
Sec. 18. Amicable Resolution Clause. - In the formulation and Implementation
32 
of development initiatives, programs and projects, the MBDA shall solicit and consider
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the inputs of relevant national government agencies. In like manner, concerned
2 
national government agencies shall consult the MBDA and its member LGUs before
3 
the implementation of development projects funded by the national government.
4 
Potential or actual conflicts or disputes arising from policy matters or overlap in
5 
initiatives, programs and projects shall be amicably resolved to the mutual satisfaction
6 
of all concerned. Otherwise, the dispute shall be resolved in favor of local autonomy.
7 
Potential or actual conflicts in the policies, plans, initiatives or program implementation
8 
of the MBDC or MBDA shall be resolved in favor of the SBMA, as the case may be, in
9 
areas within their respective operational jurisdictions.
10 
Sec. 19. Internal Audit - Notwithstanding the provisions of Republic Act No.
11 
4177, amending certain sections of Republic Act No. 3456, otherwise known as the
12 
"Internal Auditing Act of 1962", the Council shall appoint the members of the
13 
independent internal audit service of the MBDA.
14 
Sec. 20. Separability Clause. - In case any part or provision of this Act is held
15 
unconstitutional or Invalid, other parts or provisions thereof which are not affected
16 
shall continue to remain in full force and effect.
17 
Sec. 21. Repealing Clause. - All laws, executive orders, rules and regulations
18 
or parts thereof inconsistent with or contrary to the provisions of this Act are hereby
19 
repealed or modified accordingly.
20 
Sec. 22. Effectivity. - This Act shall take effect fifteen (15) days after its
21 
publication In the Official Gazette or In a newspaper of general circulation.
Approved,
12