NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE 
s. No. PI 06
Senate
of t!}e ^ra'etavv
23 MAY-2 P2.-08
RHCEiVFD BV:
Introduced by Senator Francis "Tol" N. Tolentino
AN ACT CREATING THE METRO BATAAN DEVELOPMENT AUTHORITY, 
DEFINING ITS POWERS AND FUNCTIONS, AND PROVIDING FUNDS
THEREFOR
EXPLANATORY NOTE
It is the policy of the State that the territorial and political subdivisions of 
the State shall enjoy genuine and meaningful local autonomy to enable the local 
governments to attain their fullest development as self-reliant communities and 
make them more effective partners in the attainment of national goals. Under 
Republic Act No. 7150 or the Local Government Code of 1991, Local 
Government Units (LGUs) are encouraged to group themselves to coordinate 
efforts, services, and resources for purposes commonly beneficial to their 
respective constituencies.
This measure seeks to implement the above policy through the creation 
of the Metro Bataan Development Authority (MBDA) so as to Integrate, 
coordinate and promote socio-economic growth and sustainable development 
between and among interdependent cities and municipalities in the Province of 
Bataan.
The MBDA is a government instrumentality which will be organized to 
coordinate and promote the socioeconomic growth and sustainable


development of Metropolitan Bataan. It will primarily address developmental 
concerns which are beyond the individual capacities of the member LGUs. With 
the approval of the construction of the Bataan-Cavite Interlink Bridge, Metro 
Bataan stands to become the center of the soon to be interconnected—National 
Capital Region, Region IV, and Region III - localities that serve as major 
engines of growth in Luzon with approximately 42.3 million people and a 
combined GDP of roughly PhPlO.225 trillion or about 53% of the country's GDP 
of PhP19.387 trillion. Rapid urbanization is expected to occur in the area.
Capitalizing on the cooperation and shared use of resources as well as 
the financial support of the national government, the MBDA envisions a more 
efficient and cost-effective implementation of development initiatives, programs 
and services while seeking to avert the economically and environmentally costly 
effects of rapid urbanization due to poor planning and non-compliance with 
relevant laws, rules and regulations.
In view of the foregoing, the passage of this bill is earnestly sought.
RANCIS "TOL" N. TOLENTINO


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s. No. 2106
oftfjr retard
23 may-2 P2:08
Introduced by Senator Francis uTol" N. Tolentino
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:
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SECTION 1. Title. - This Act shall be known as the "Metro Bataan
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Development Authority Act."
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SEC. 2. Declaration of Policy. - Consistent with the declared policy of the
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State as provided in the Constitution, Republic Act No. 7160, otherwise known as the
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Local Government Code of 1991, as amended, and other pertinent national laws, to
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encourage local government units (LGUs) to group themselves to coordinate efforts,
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services and resources for purposes commonly beneficial to their respective
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constituencies. It is also declared to be the policy of the State to integrate and
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coordinate the delivery of certain basic services as well as enforcement of laws, rules
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and regulations in the Province of Bataan and adjacent areas through (a) the
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establishment of the Metro Bataan Development Council hereinafter referred to as
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Council, and (b) the Metro Bataan Development Authority (MBDA), as created herein.
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SEC. 3. Creation of the Metropolitan Bataan Development Authority.
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-There is hereby created a special body to be known as the Metropolitan Bataan
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Development Authority, hereinafter referred to as "MBDA", which shall be organized


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within thirty (30) days after the approval of this Act, to coordinate and promote
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socioeconomic growth and sustainable development of Metropolitan Bataan.
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The MBDA shall execute the powers and functions herein vested which shall,
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however, in no way diminish the autonomy of the LGUs of Metropolitan Bataan
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concerning purely local matters, within the framework and subject to the mandate
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and limitations of the Constitution and the pertinent provisions of Republic Act No.
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7160, otherwise known as the "Local Government Code of 1991".
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SEC. 4. Scope of MBDA Services. - The MBDA shall have the authority to
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provide services to the entire province of Bataan and to areas including the road
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networks or expressways directly connected to or covered by the territorial jurisdiction
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of Bataan, such as, but not limited to, multiple LGUs for areas that are socio-
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economically interdependent or which entail expenditure beyond the capacity of any
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single LGU in the Province of Bataan.
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Subject to the limitations set forth in Sections 13 and 14 hereof and when
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requested by concerned LGUs, in coordination with appropriate national government
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agencies, the MBDA shall perform the following services:
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(a) Assistance to the Planning Offices of the LGUs in Bataan and the
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freeport and special zone authorities of Subic Bay Metropolitan
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Authority (SBMA) in development planning, in case the need arises,
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which includes the preparation of proposed medium and long-term
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development plans, the development, evaluation and packaging of
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proposed projects, investment programming, and coordination and
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monitoring of plans, programs and projects required by the provincial
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development plan as approved by the Sanggunian or Board of
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Directors concerned. Provided, That, the LGU Planning Offices shall
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have primary jurisdiction over development planning in said provinces,
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city, municipality or freeport/ecozone authority, as the case may be.
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(b) With respect solely to provincial and national roads, transportation
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and traffic management, the coordination and monitoring of policies.


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standards, programs and projects approved by the Council to 
rationalize the existing transport operations In coordination with the 
Department of Transportation (DOTr); the determination, planning, 
procurement, and provision of Infrastructure requirements In 
coordination with the DPWH; the enhancement of the safe use of 
thoroughfares; the promotion of safe and convenient movement of 
persons and goods: the provision of transport systems and the 
establishment of a system to regulate road users; the administration 
and implementation of all traffic enforcement operations; the 
provision of traffic engineering services and the provision of traffic 
services and traffic education programs;
(c) Solid waste disposal and management which includes the formulation 
and implementation of policies, standards, programs and projects for 
proper and sanitary waste disposal; the establishment and operation 
of sanitary landfill and other related facilities; and the implementation 
of other alternative programs intended to reduce, reuse and recycle 
solid waste. This is without prejudice to the authority and right of 
LGUs to perform these services or enter into agreements providing 
such services in coordination with the DENR;
(d) Assistance In flood control and sewerage management which include 
the formulation and implementation of policies, 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


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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;
(g) Ensuring disaster resilience through the implementation of programs, 
policies and procedures to achieve preparedness for preventive or 
rescue operations during times of calamities and disasters such as 
conflagrations earthquakes, flood and tidal waves; and coordination 
and mobilization of resources and the implementation of contingency 
plans for rehabilitation and relief operations;
(h) Public safety, which includes formulating and implementing programs, 
policies and procedures to achieve public safety, especially 
preparedness for preventive or rescue operations during times of 
calamity and disaster such as conflagration, earthquakes, flood; and 
coordinating and mobilizing resources and implementing contingency 
plans for rehabilitation and relief operations in coordination with 
national agencies concerned; and
(i) Assistance in formulating a comprehensive educational development
program, in coordination with the Department of Education (DepEd) 
and the Commission on Higher Education (CHED), to ensure that 
adequate total human capital grants and human resources 
development would be achieved.


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SEC. 5. Functions and Powers of the Metro Bataan Development
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Authority. - The MBDA shall:
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(a) Coordinate and monitor the implementation of approved medium and long-
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term plans and programs for the delivery of province-wide or inter-province-wide
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services, consistent with the national development objectives and priorities;
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(b) Undertake and manage approved plans and projects for the delivery of
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specific services under its jurisdiction, subject to the approval of the Council;
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(c) Coordinate, monitor and adopt solutions to problems of implementation of
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such plans, programs and projects In the province, identify bottlenecks and adopt
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solutions to the problems of implementation;
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(d) Implement existing and approved traffic policies on provincial and national
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roads, coordinate and regulate the implementation of all approved programs and
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projects concerning traffic management on provincial and national roads specifically
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pertaining to enforcement, engineering and education; Provided, That upon request
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by LGUs and other government agencies and with the approval of the Council, it shall
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extend assistance and cooperation including the assignment of personnel to such LGUs
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and other government agencies and offices;
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(e) When deputized by the Land Transportation Office (LTO), concerned LGUs
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and other government authorities, shall issue tickets, citations and collect fines and
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penalties for violations of traffic rules and regulations on provincial and national roads,
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whether moving or non-moving in nature;
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(f) Enter into contracts, approved by the Council to enable it to carry out its
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purpose and functions under this Act; and
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(g) Perform other related functions to achieve the objectives of the MBDA and
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provide the services in Section 5 of this Act, including the undertaking of delivery of
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basic services to the LGUs not otherwise provided by in Section 5 of this Act, when
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deemed necessary subject to prior coordination with and consent of the LGU
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concerned and the Council.


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SEC. 6. Metro Bataan Development Council. - The governing board and
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the policy-making body of the MBDA shall be the Metropolitan Bataan Development
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Council, herein referred to as the Council, which shall be composed of the Governor
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as ex-officio Chairperson of the Council, the Mayors of the City of Baianga, the
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Municipalities of Abucay, Bagac, Dinalupihan, Hermosa, Limay, Mariveles, Morong,
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Orani, Orion, Pilar, and Samal, the Administrator of the SBMA, as ex-officio members.
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The Region-III regional directors of the Department of the Interior and Local
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Government (DILG), Department of Environment and Natural Resources (DENR),
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Department of Public Works and Highways, Office of Civil Defense (OCD), and
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Philippine National Police (PNP), shall be ex-officio members of the Council without
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voting rights.
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SEC. 7. Functions of the Metro Bataan Development Council. - The MBD
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Council as the policy making body of the MBDA, shall exercise the following functions:
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(a) Approve the development plans, investment programs, and projects 
after consultation and coordination with the LGUs and other 
stakeholders operating in the Metro Bataan Area;
(b) Formulate and issue ordinances, resolutions, rules and regulations 
deemed necessary by the MBDA to carry out the purposes of this Act;
(c) Recommend Investment programming for its plans and programs as well 
as supervise the implementation of plans and programs which will 
include the formulation and coordination of its related activities;
(d) Coordinate and work closely with the DOTR and its attached agencies 
on the grant of franchises to safe, reliable, and environment-friendly 
public utility vehicles within the MBDA jurisdiction;
(e) Approve the annual budget of the MBDA for submission to the 
Department of Budget and Management (DBM), and endorse the annual 
as well as the supplemental budgets of the MMDA; and
(f) Perform such other acts and assume such other functions as may be 
consistent and necessary to carry out the provisions of this Act.


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SEC. 8. Official Misconduct. - The MBDA shall exercise its functions and
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powers impartially, without regard to the political interests or affiliations of the
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members of the Council. Failure to do so shall constitute official misconduct punishable
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by law, in particular. Section 3 of Republic Act No. 3019, otherwise known as the "Anti-
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Graft and Corrupt Practices Act", and shall, following observance of due process, result
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in the immediate termination of the erring MBDA officer or personnel.
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SEC. 9. Metro Bataan Development Authority Administrator. -
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The MBDA shall be headed by an Administrator, to be appointed by the
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President of the Philippines and chosen from a list of at least three (3) nominees
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submitted by the Council. The Administrator shall have a term of three (3) years unless
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otherwise removed for cause in accordance with law, and have the rights, rank,
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disqualifications, and prohibitions of an Undersecretary under existing civil service
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rules and regulations. The Administrator shall not be related to any member of the
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Council within the fourth civil degree of consanguinity or affinity.
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The Administrator shall be assisted by a Deputy Administrator for Finance and
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Administration and a Deputy Administrator for Planning and Operations, both of whom
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shall be appointed by the Administrator with the concurrence of the Council, subject
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to civil service laws, rules and regulations. They shall enjoy security of tenure unless
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otherwise removed for cause in accordance with law. The Deputy Administrator for
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Finance and Administration and the Deputy Administrator for Planning and Operations
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shall not be related to the Administrator or any member of the Council within the
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fourth civil degree of consanguinity or affinity.
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SEC. 10. Functions of the Administrator. - The Administrator shall:
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(a) Appoint, subject to Civil Service laws, rules and regulations, all
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subordinate officers and employees, who shall enjoy security of
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tenure and may be removed only for cause in accordance with law.
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The Administrator is hereby authorized to engage the services of
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experts or consultants either in full-time or part-time basis, as may


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be required in the performance of his functions and duties as may 
be determined by him;
(b) 
Execute the policies, measures, and programs approved by the 
Council and be responsible for the efficient and effective day-to-day 
management of the operations of the MBDA;
(c) Prepare the annual budget for the operations of the MBDA for the 
consideration and approval of the Council;
(d) 
Submit for consideration of the Council such other duties and 
measures as may be deemed necessary to carry out the purposes 
and provisions of this Act;
(e) Subject to the Civil Service Decree, rules and regulations, and the 
approval of the Council, determine the staffing pattern, fix the 
compensation of the officers and personnel of the MBDA in 
accordance with the Salary Standardization Law, and fix the number 
of subordinate officials and employees of the MBDA and exercise the 
power to discipline subordinate officials and employees under the 
provisions of law;
(f) Supervise the operation of various operating centers and units of the
MBDA;
(g) Formulate and recommend policies and programs to the Council for 
the efficient delivery of province-wide or inter-province wide 
services;
(h) 
Prepare an annual report on the activities and accomplishments of 
the MBDA at the close of each year for submission to the Council and 
the Office of the President;
(i) 
Ensure that all information, official records, documents and papers 
pertaining to official acts, transactions or decisions of the Council 
and the MBDA, including research data used by the Council and the


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MBDA as basis for policy development, are preserved and made
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available to the public when requested; and
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(j) Perform other duties and functions as may be lawfully delegated or
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assigned by the Council from time to time.
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SEC. 11. Institutional Linkages of the MBDA. - The MBDA shall, in
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carrying out its functions, consult, coordinate and work closely with the LGUs, the
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DPWH, DOTr and other national government agencies; accredited people's
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organizations (POs); non-government organizations (NGOs), and the private sector
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operating in Bataan.
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The MBDA shall prepare a master plan to be approved by the Council and the
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PPDO that shall serve as the framework for the local development plans of the
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component LGUs. For this purpose, the council, through the MBDA, may require its
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ex-officio non-voting members as well as other national government agencies and
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instrumentalities to submit development plans and projects to be implemented within
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its jurisdiction.
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The implementation of the MBDA's plans, programs and projects shall be
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undertaken by the LGUs, the concerned national agencies, the POs, NGOs, and the
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private sector and MBDA itself, as necessary and where appropriate, to meet the
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objectives of this Act. For this purpose, the MBDA may enter into contracts approved
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by the Council with such entities for the achievement of such purposes.
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SEC. 12. MBDA School Board. - The MBDA School Board is hereby created
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which is tasked, among others, to:
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(a) Determine, together with DepEd and CHED, the direction for public schools 
in the community to ensure that a long-term vision is established for the 
school system within the territorial jurisdiction of the MBDA;
(b) Establish an effective and efficient organizational structure. The MBDA 
School Board shall in coordination with the DepEd and CHED:
i. Provide consultation on the appointment of division superintendents, 
district supervisors, school principals, and other officials;


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ii. 
Oversee the development and adoption of by-laws and policies of 
public schools in the area;
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Set a direction, together with DepEd and CHED, for the adoption of 
curriculum of public schools in the area;
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Establish budget priorities and adopting a budget and local control 
and accountability plan for schools within the territorial jurisdiction 
of the MBDA;
(c) Determine, in accordance with the criteria set by the DepEd and CHED, the 
annual supplementary budgetary needs for the operation and maintenance 
of public schools within the jurisdiction of the MBDA, and the supplementary 
local cost of meeting such needs, which shall be reflected in the form of an 
annual school board budget corresponding to its share of the proceeds of 
the special levy on real property consisting the Special Education Fund and 
such other sources of revenue as Republic Act No. 7160 or the Local 
Government Code of 1991 and other laws or ordinances may provide;
(d) Authorize the Deputy Administrator for Finance and Administration to 
disburse the funds from the Special Education Fund pursuant to the budget 
prepared and in accordance with existing rules and regulations;
(e) Establish systems and processes to monitor results, evaluate the school 
system's progress. The MBDA School Board shall be responsible for:
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Ensure that policies for evaluation based on the criteria set by DepEd 
and CHED are employed at all times;
ii. 
Monitoring the implementation of standards and policies;
iii. 
Monitoring student achievement, program effectiveness, and 
recommend to DepEd, CHED, or the respective sanggunians, as the 
case may be, program changes, if any;
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Monitoring and adjusting finances of public schools in the territorial 
jurisdiction of the MBDA; and
V. Evaluating its own effectiveness through board self-evaluation.
(f) Serve as an advisory committee to the respective sanggunians on 
educational matters such as, but not limited to, the necessity for and the 
uses of local appropriations for educational purposes; and
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(g) Recommend changes in the name of public schools within the territorial
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jurisdiction of MBDA for enactment by the sanggunian concerned.
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SEC. 13. Sources of Funds and Operating Budget of the MBDA. - The
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amount necessary for the operating budget of MBDA shall be Included in the annual
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General Appropriations Act.
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The MBDA is likewise empowered to impose administrative fees and charges
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on such rates and amounts approved by the Council for various services rendered.
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The MBDA, through the Council, and subject to the approval of the LGUs and
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their respective sanggunians, may call on Its member city and municipalities to
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contribute such amount as may later on be determined for its operation and the
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implementation of projects.
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The MBDA may accept donations and grants from foreign and local sources. In
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case of grants, in cash or kind, from governments of foreign countries or their agencies
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and instrumentalities, or from multilateral institutions or organizations, acceptance
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thereof shall be subject to the prior clearance and approval by the Council and the
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President of the Philippines or the authorized representative based on the
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recommendation of the Secretary of Finance. On the other hand, other donations, in
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cash or in kind, from foreign governments shall require prior clearance and approval
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by the Council and the President, or the authorized representative based on the
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recommendation of the Secretary of Foreign Affairs.
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The MBDA may, subject to the approval of the Department of Finance (DOF),
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the Bangko Sentra! ng Pilipinas (BSP), the National Economic and Development
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Authority (NEDA), and the Council, obtain financing support from local and foreign
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sources.
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SEC. 14. Transparency Clause. - Pursuant to Executive Order No. 2, s. 2016,
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the public shall have access to information, official records, documents and papers
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pertaining to official acts, transactions or decisions of the Council and the MBDA, as
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well as to research data used by the Council and the MBDA as basis for policy
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development. The Council and the MBDA shall preserve and make readily accessible
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all such information, officiai records, documents, and papers. As provided by E.O. No.
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2, failure to do so shall be a ground for the Imposition of administrative and disciplinary
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sanctions on the erring officers or employees, without prejudice to prosecution for
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violation of other laws.
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SEC. 15. Non-Diminution Ciause. - The Council cannot modify, overrule or
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disregard resolutions passed by the Sangguniang Barangay, Sangguniang Bayan, 
1 Sangguniang Panlungsod and Sanggunian Panlalawigan, within the Province of
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Bataan. It cannot also modify, overrule, or disregard ordinances enacted and ratified
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by the local sanggunian and executive orders of locai chief executives.
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In discharging its functions and performing its services under Sections 4 and 5
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herein, the MBDA shall, in no case, diminish or undermine the autonomy of the LGUs.
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The member LGUs shall continue to have control and be responsible for their
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respective local projects and services. No MBDA service shall be implemented in a
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iocality unless the LGU concerned concurs thereto.
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SEC. 16. Amicable Resolution Clause - In the formulation and
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implementation of development initiatives, programs and projects, the MBDA shall
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solicit and consider the inputs of relevant national government agencies. In like
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manner, concerned national government agencies shall consult the MBDA and its
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member LGUs before the implementation of development projects funded by the
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national government. Potential or actual conflicts or disputes arising from policy
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matters or overlap in initiatives, programs and projects shall be amicably resolved to
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the mutual satisfaction of all concerned. Otherwise, the dispute shall be resolved in
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favor of local autonomy.
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Potential or actual conflicts in the policies, plans, initiatives or program
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implementation of the MBDC or MBDA shall be resolved in favor of the SBMA as the
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case may be, in areas within their respective operational jurisdictions.
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SEC. 17. Internal Audit - Notwithstanding the provisions of Republic Act
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No. 4177, amending certain sections of Republic Act No. 3456, otherwise known as
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the "Internal Auditing Act of 1962", the Council shall appoint the members of the
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independent internal audit service of the MBDA.
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SEC. 18. Separability Clause. - In case any part or provision of this Act is
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held unconstitutional or invalid, other parts or provisions thereof which are not
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affected shall continue to remain in full force and effect.
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SEC. 19. Repealing Clause. - All laws, executive orders, rules and
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regulations or parts thereof inconsistent with or contrary to the provisions of this Act
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are hereby repealed or modified accordingly.
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SEC. 20. Effectivity. - This Act shall take effect fifteen (15) days after its 
10 publication in the Official Gazette or in a newspaper of general circulation.
Approvedf
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