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‘TWENTIETH CONGRESS
First Regular Session

House Bill No. 2706

Introduced by Representatives Albert S. Garcia, Maria Angela S. Garcia, and
Jernie Jett V. Nisay

EXPLANATORY NOTE.

It has been widely reported that Metro Manila's traffic problems are causing significant
losses to our economy amounting to P3.5 billion a day, and will increase to P5.4 billion if left unchecked
according to a study by the Japan Intemational Cooperation Agency (JICA). Inadequate utilization of
resources coupled with ineffective planning have resutted in debilitating traffic, pollution, and
‘overcrowding within Metro Mar

Recent developments within the Province of Bataan and its surrounding localities necessitates
resources beyond what the Provincial Government can provide. With the construction of the Bataan
Cavite-Interlink Bridge (BCIB) as well as the rapid economic growth that Bataan is experiencing, the
Provincial Government will not have the adequate resources to handle the possible effects of rapid
urbanization and the other challenges that will come with the linking of two high-growth regions.

‘With Bataan poised to become the next mega hub akin to Metro Manila, a dedicated development
authority that wil help plan and manage the trajectory of the region will be necessary to avoid the
problems seen in other urban areas within the country.

‘The establishment of the Metro Bataan Development Authority (MBDA) seeks to address this,
problem. This bill wll establish the MBDA as a centralized planning authority and shared implementation
resource for the various goverment institutions in the Province of Bataan and its surrounding areas.

The establishment of the MBDA is seen as a vital step towards addressing future risks and
helping ensure that growth and development remains sustainable which will impact not only Bataan, but
also throughout CALABARZON and the entire country as well

‘Support for this measure is eamestly sought from our colleagues.
—

a S. GARCIA REP. ‘ANGELA S, GARCIA
‘Second District, Bataan Third , Bataan
REP. JERNIE NISAY

PusonG-Pinoy Partylist


Republic of the Philippines
House of Representatives
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No. 2706

Introduced by Representatives Albert S. Garcia, Maria Angela S. Garcia, and
Jernie Jett V. Nisay

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:

Section 1. Title. - This Act shall be known as the “Metro Bataan Development
Authority Act.”

Sec. 2. Declaration of Policy. — It is hereby declared the policy of the State to
pursue the acceleration of social, economic, and political development of local
government units (LGUs) and their communities through the creation of special
development and administrative areas that will ensure the efficient and effective
planning, supervision, and coordination of essential basic services, without prejudice to
the autonomy of the LGUs concerned. The State shall encourage LGUs to group
themselves to coordinate efforts, services and resources for purposes commonly
beneficial to their respective constituencies. Towards this end, the Metro Bataan
Development Authority (MBDA) is constituted - to integrate and coordinate the delivery
of certain basic services as well as enforcement of laws, rules and regulations in the
Province of Bataan and adjacent areas.

Sec. 3. Creation of the MBDA. - There is hereby created a special body to be
known as the Metropolitan Bataan Development Authority, which shall be organized
within thirty (30) days after the approval of this Act, to coordinate and promote
socioeconomic growth and sustainable development of Metro Bataan.


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The MBDA shall be under the administrative supervision of the Office of the
President of the Philippines. The MBDA shall administer a special development and
administrative area embracing the Province of Bataan, the City of Balanga, the
municipalities of Hermosa, Orani, Abucay, Samal, Orion, Limay, Mariveles, Morong,
Bagac, Pilar, and Dinalupihan, which includes its land, water and air territory including
its municipal, city, and provincial waters, air territory, the connecting metro-wide road
networks to the AFAB, and the SCTEx connecting the CDC, Bataan and SBMA.

Metro Bataan’s coverage may be expanded upon the recommendation of the
Council and the approval of the President, provided the areas are contiguous to and
directly connected with Metro Bataan

The MBDA shall execute the powers and functions herein vested which shall,
however, in no way diminish the autonomy of the LGUs of Metropolitan Bataan
concerning purely local matters, within the framework and subject to the mandate and
limitations of the Constitution and the pertinent provisions of Republic Act No. 7160,
otherwise known as the “Local Government Code of 1991"

Sec. 4. Scope of MBDA Services. — The MBDA shall have the authority to provide
services to the entire province of Bataan and to areas covering the road networks or
expressways connecting the territory of Bataan to other provinces and economic or
freeport zones.

The MBDA shall perform the following services:

(a) Assistance to the Planning Offices of the LGUs in Bataan and the freeport

and special zone authorities of Subic Bay Metropolitan Authority (SBMA),
Authority of the Freeport Area of Bataan (AFAB), Clark Development
Corporation (CDC), and Subic-Clark Alliance for Development (SCAD) in the
development planning, in case the need arises, which includes the
preparation of proposed medium and long-term development plans, the
development, evaluation and packaging of proposed projects, investment
programming, and coordination and monitoring of plans, programs and
projects required by the provincial development plan as approved by the
Sanggunian or Board of Directors concerned. Provided, that the Planning
Offices shall have primary jurisdiction over development planning in said
provinces, city, municipality or freeport/ecozone authority, as the case may
be.


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(b) With respect to provincial and national roads, transportation and traffic
management, the coordination and monitoring of policies, standards,
programs, projects and transport plans 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; and a single ticketing system in Metro
Bataan.

(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


1 agreements providing such services in coordination with the appropriate

2 national agency;

3 (f) Assistance in health and sanitation protection and pollution control which
4 includes the implementation of policies, rules and regulations, standards,

5 programs and projects for the promotion and safeguarding of health and

6 sanitation of the province and the enhancement of ecological balance and

7 the prevention, control and abatement of environmental pollution; and

8 (g) Ensuring disaster resilience through the implementation of programs, policies

9 and procedures to achieve preparedness for preventive or rescue operations
10 during times of calamities and disasters such as conflagrations earthquakes,
iW flood and tidal waves; and coordination and mobilization of resources and the
12 implementation of contingency plans for rehabilitation and relief operations.
13 (h) Public safety, which includes formulating and implementing programs,
14 policies and procedures to achieve public safety, especially preparedness for
1s preventive or rescue operations during times of calamity and disaster such
16 as conflagration, earthquakes, flood; and coordinating and mobilizing
17 resources and implementing contingency plans for rehabilitation and relief
18 operations in coordination with national agencies concerned; and
19 (i) Digitalization of payments for government disbursements and collections, as
20 provided in Executive Order No. 170, series of 2022 and other relevant laws.
21 Sec. 5. Functions and Powers of the Metro Bataan Development Authority. - The
22 MBDA shall:
23 (a) Formulate, coordinate and monitor the implementation of approved medium
24 and long-term plans and programs for the delivery of metro-wide services,
25 consistent with the national development objectives and priorities;
26 (b) Undertake and manage approved plans and projects for the delivery of
27 specific services under its jurisdiction, subject to the approval of the Council;
28 (c) Undertake and formulate plans, policies and development initiatives towards
29 the promotion of the Blue and Green Economy within the MBDA's area of
30 jurisdiction to balance economic development with environmental
31 ‘sustainability. This includes but is not limited to the formulation and
32 implementation of integrated coastal management plans, green urban
33 planning initiatives, climate adaptation policies, and other innovative policies

34 and programs for environmental sustainability. For purposes of this Act, the


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green and blue economy concept refers to a framework for developing the
economy while managing environmental risks and promoting environmental
sustainability towards preserving the locality's natural resources.

(d) Coordinate, monitor and adopt solutions to problems of implementation of
such plans, programs and projects in the province, identify bottlenecks and
adopt solutions to the problems of implementation;

(e) Implement existing and approved traffic policies on metro-wide provincial and
national roads, coordinate and regulate the implementation of all approved
programs and projects concerning traffic management on provincial and
national roads specifically pertaining to enforcement, engineering and
education; Provided, That upon request by LGUs and other government
agencies and with the approval of the Council, it shall extend assistance and
cooperation including the assignment of personnel to such LGUs and other
government agencies and offices;

Issue tickets, citations and collect fines and penalties for violations of traffic

rules and regulations on metro-wide provincial and national roads, whether
moving or non-moving in nature;

(g) Enter into contracts, approved by the Council to enable it to carry out its

purpose and functions under this Act; and

(h) Perform other related functions to achieve the objectives of the MBDA and

provide the services in Section 5 of this Act, including the undertaking of
delivery of basic services to the LGUs not otherwise provided by in Section 5
of this Act, when deemed necessary subject to prior coordination with and
consent of the LGU concerned and the Council.

(i) To be vested with other powers enjoyed or exercised by other metropolitan

development authorities.

Sec. 6. Metro Bataan Development Council. — The governing board and
policymaking body of the MBDA shall be the Metropolitan Bataan Development Council,
herein referred to as “Council”, which shall be composed of the Governor as ex-officio
Chairperson of the Council, the Mayors of the City of Balanga, the Municipalities of
Abucay, Bagac, Dinalupihan, Hermosa, Limay, Mariveles, Morong, Orani, Orion, Pilar,
and Samal, the Administrator of the Subic Bay Metropolitan Authority (SBMA), the
Administrator of the Authority of the Freeport Area of Bataan (AFAB), the President
and CEO of the Clark Development Corporation (CDC), and the Chairperson of the


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Subic-Clark Alliance for Development (SCAD) as ex-officio members. The Region-lll
regional directors of the Department of the Interior and Local Government (DILG),
Department of Environment and Natural Resources (DENR), Department of Public
Works and Highways (DPWH), Office of Civil Defense (OCD), Philippine National Police
(PNP), the Commander of the Philippine Coast Guard (PCG) National Capital Region-
Central Luzon District, and the President and CEO of the Bases Conversion and
Development Authority (BCDA) shall be ex-officio members of the Council without
voting rights.
The members of the Council may be modified or expanded upon a majority vote
of members of the council as it may deem necessary.
Sec. 7. Functions and Powers of the Metro Bataan Development Council. - The
Council as the policy making body of the MBDA, shall exercise the following functions:
(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 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 in
policy formulation for 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.

Sec. 8. Official Misconduct. - The MBDA shall exercise its functions and powers
impartially, without regard to the political interests or affiliations of the members of the
Council. Failure to do so shall constitute official misconduct punishable by law, in
particular, Section 3 of Republic Act No. 3019, otherwise known as the “Anti-Graft and
Corrupt Practices Act”, and shall, following observance of due process, result in the
immediate termination of the erring MBDA officer or personnel.


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Sec. 9. Metro Bataan Development Authority Administrator. - The MBDA shall
be headed by an Administrator, to be appointed by the President of the Philippines as
endorsed by the Council. The Administrator shall have a term of three (3) years unless
otherwise removed for cause in accordance with law, and have the rights, rank,
disqualifications, and prohibitions of an Undersecretary under existing civil service rules
and regulations. The Administrator shall not be related to any member of the Council
within the fourth civil degree of consanguinity or affinity.

The Administrator shall be assisted by a Deputy Administrator for Finance and
Administration, a Deputy Administrator for Central Planning, and a Deputy Administrator
for Operations, all of whom shall be appointed by the Administrator with the concurrence
of the Council, subject to civil service laws, rules and regulations. They shall enjoy
security of tenure unless otherwise removed for cause in accordance with law. The
Deputy Administrator for Finance and Administration, the Deputy Administrator for
Central Planning, and the Deputy Administrator for Operations shall not be related to
the Administrator or any member of the Council within the fourth civil degree of
consanguinity or affinity.

Sec. 10. Functions of the Administrator. — The Administrator 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 Administrator is hereby
authorized to engage the services of experts or consultants either in full-time
or part-time basis, as may 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 MBDA as basis for policy
development, are preserved and made available to the public when
requested; and

() Perform other duties and functions as may be lawfully delegated or assigned
by the Council from time to time.

Sec. 11. MBDA Central Planning Office. - There is hereby created a Planning

Office in the MBDA as its planning and policy coordinating body that will, in coordination
with or in assistance to, the LGUs and other members of the Metro Bataan Development
Council, formulate and implement comprehensive urban or regional development plans
within its area of jurisdiction. It shall be supervised by the Deputy Administrator for
Central Planning. Its specific tasks include, but shall not be limited to, zoning and land
use management, transportation planning, development review, project evaluation and
monitoring, data and analysis research, socio-economic policy formulation,
environmental planning and public engagement and stakeholder coordination,
advocacy and capacity development. The Central Planning Office shall contain the
following divisions: infrastructure, zoning and land use management division,
transportation planning division, socio-economic policy division, tourism policy division,
and environmental management division. The specific staffing pattern of the Central
Planning Office and its divisions shall be submitted by the Administrator in accordance
with Section 10 of this Act.

Sec. 12. MBDA Finance and Administration Office - There is hereby created a

Finance and Administration office in the MBDA that shall supervise its financial and
administrative concerns. It shall be supervised by the Deputy Administrator for Finance


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and Administration. The Finance and Administration Office shall contain a Finance
Division and an Administration Division. The specific staffing pattern of the Finance and
Administration Office and its divisions shall be submitted by the Administrator in
accordance with Section 10 of this Act.

Sec. 13. MBDA Operations Office - There is hereby created an Operations Office
in the MBDA that shall supervise its operational mandates. These operational mandates
shall include but will not be limited to the following: traffic management, disaster and
emergency response, medical response, maritime security, and information systems
management. It shall be supervised by the Deputy Administrator for Operations. The
Operations Office shall contain the following divisions: tactical operations division,
emergency operations division, medics operations division, maritime operations
divisions, and management of information systems (MIS) division. The specific staffing
pattern of the Operations Office and its divisions shall be submitted by the Administrator
in accordance with Section 10 of this Act.

Sec. 14. Institutional Linkages of the MBDA. — The MBDA shall, in carrying out
its functions, consult, coordinate and work closely with the LGUs, the DPWH, DOTr and
other national government agencies; the SBMA, for properties under its territorial
jurisdiction as provided for by Republic Act 7227, as amended, and Executive Order
No. 675, series of 2007; accredited people’s organizations (POs); nongovernment
organizations (NGOs), and the private sector operating in Bataan.

The implementation of the MBDA's plans, programs and projects shall be
undertaken by the LGUs, the concerned national agencies, the POs, NGOs, and the
private sector and MBDA itself, as necessary and where appropriate, to meet the
‘objectives of this Act. For this purpose, the MBDA may enter into contracts approved
by the Council with such entities for the achievement of such purposes.

Sec. 15. The Metro Bataan Development Master Plan - The MBDA shall prepare
a master plan to be approved by the Council that shall serve as the framework for the
local development plans of the component LGUs. For this purpose, the council, through
the MBDA, may require its ex-officio non-voting members as well as other national
government agencies and instrumentalities to submit development plans and projects
to be implemented within its jurisdiction.

The master plan shall contain, but will not be limited to, the following
components: areas of industrial growth, transportation, infrastructure development,


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tourism site development plan, planned energy facility development and environmental
management and sustainability.

Sec. 16. Metro Bataan Coast Guard Station - There is hereby established a

Metro Bataan Coast Guard Station, dedicated to implement the objectives or policies of
the MBDA for the security of the territorial waters and areas covered by Metro Bataan
but shall still be under the administrative control and operational supervision of the
Philippine Coast Guard (PCG). The Metro Bataan Coast Guard Station shall assume
and perform the following functions:

(a) Ensure that peace, order and safety within the immediate territorial waters of
Metro Bataan are maintained at all times;

(b) Coordinate with the SBMA, the AFAB, the CDC, the SCAD, member LGUs
of the MBDA, the Regional Police Office, and other relevant agencies in
fulfilling its mandate within the territorial jurisdiction of the MBDA.

The Metro Bataan Coast Guard Station shall be adequately staffed with the

necessary personnel and provided with the necessary equipment in the fulfillment of its
mandate as determined by the PCG and the Council.

The Philippine Coast Guard shall utilize its air, land, and sea assets within Metro
Bataan’s territorial jurisdiction. The PCG may establish or construct auxiliary facilities
to support the deployment, operation, and maintenance of such assets.

Sec. 17. Sources of Funds and Operating Budget of the MBDA. - The amount
necessary for the operating budget of MBDA shall be included in the annual General
Appropriations Act that will ensure adequate funding for Personnel Services (PS) which
entails the creation and maintenance of adequate plantilla positions towards attracting,
employing, and retaining skilled professionals and highly competent personnel;
Maintenance and Other Operating Expenses (MOOE) for sustaining daily operations
and essential services, and Capital Outlay (CO) to acquire infrastructure, state of the
art equipment and facilities necessary for long-term development projects and the
fulfillment of its mandate.

The MBDA is likewise empowered to impose administrative fees and charges on
such rates and amounts approved by the Council for various services rendered.

The MBDA, through the Council, and subject to the approval of the LGUs and
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
implementation of projects.

The MBDA may accept donations and grants from foreign and local sources. in
case of grants, in cash or kind, from governments of foreign countries or their agencies
and instrumentalities, or from multilateral institutions or organizations, acceptance
thereof shall be subject to the prior clearance and approval by the President of the
Philippines or the authorized representative based on the recommendation of the
Secretary of Finance. On the other hand, other donations, in cash or in kind, from
foreign government shall require prior clearance and approval by the President, or the
authorized representative based on the recommendation of the Secretary of Foreign
Affairs.

The MBDA may, subject to the approval of the Department of Finance (DOF),
the Bangko Sentral ng Pilipinas (BSP), the National Economic and Development
Authority (NEDA), and the Council, subject to the approval of the Monetary Board of
the BSP, obtain financing support from local and foreign sources.

Sec. 18. Transparency Clause. - Pursuant to Executive Order No. 2, s. 2016,
the public shall have access to information, official records, documents and papers
pertaining to official acts, transactions or decisions of the Council and the MBDA, as
well as to research data used by the Council and the MBDA as basis for policy
development. The Council and the MBDA shall preserve and make readily accessible
all such information, official records, documents, and papers. Provided however, that
such access to information shall be subject to the request procedures and exceptions
under E.O No. 2 and other related laws or guidelines. As provided by E.O. No. 2, failure
to do so shall be a ground for the imposition of administrative and disciplinary sanctions
on the erring officers or employees, without prejudice to prosecution for violation of
other laws.

Sec. 19. Non-Diminution Clause. - The Council cannot modify, overrule or
disregard resolutions and ordinances passed by the Sangguniang Barangay,
Sangguniang Bayan, Sangguniang Panlungsod and Sanggunian Panlalawigan, within
the Province of Bataan and executive orders of its local chief executives.

In discharging its functions and performing its services under Sections 5 and 6
herein, the MBDA shall, in no case, diminish or undermine the autonomy of the LGUs,
nor diminish or undermine the regulatory functions of national government agencies.
The member LGUs shall continue to have control and be responsible for their respective


local projects and services. No MBDA service shall be implemented in a locality unless
the LGU concerned concurs thereto.

Sec. 20. Amicable Resolution Clause. ~ In the formulation and implementation
of development initiatives, programs and projects, the MBDA shall solicit and consider
the inputs of relevant national government agencies. In like manner, concerned national
government agencies shall consult the MBDA and its member LGUs before the
implementation of development projects funded by the national government. Potential

or actual conflicts or disputes arising from policy matters or overlap in initiatives,
programs and projects shall be amicably resolved to the mutual satisfaction of all
concerned. Otherwise, the dispute shall be resolved in favor of local autonomy.

Potential or actual conflicts in the policies, plans, initiatives or program implementation
of the MBDC or MBDA shall be resolved in favor of the SBMA, the AFAB, the CDC, or
the SCAD, as the case may be, in areas within their respective operational jurisdictions.

Sec. 21. Internal Audit. - Notwithstanding the provisions of Republic Act No.
4177, amending certain sections of Republic Act No. 3456, otherwise known as the
“Internal Auditing Act of 1962", the Council shall appoint the members of the
independent internal audit service of the MBDA.

SEC. 22. Implementing Rules and Regulations. - Within ninety (90) days from
the approval of this Act, the Council shall promulgate and may thereafter update the
necessary rules and regulations for the implementation of this Act.

Sec. 23. Separability Clause. — In case any part or provision of this Act is held
unconstitutional or invalid, other parts or provisions thereof which are not affected shall
continue to remain in full force and effect.

Sec. 24. Repealing Clause. ~ All laws, 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. 25. Effectivity. - This Act shall take effect fifteen (15) days after its

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

Approved,