Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘SIXTEENTH CONGRESS
First Regular Session

House Bill No, 4028

Introduced by Representative Enrit

EXPLANATORY NOTE

It has been 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.

This measure seeks to implement the above State policy through the creation of the
Metro Bataan Development Authority (MBDA) so as to integrate and coordinate the delivery
of certain basic services as well as enforcement of laws, rules and regulations between and
among the cities and municipalities in the Province of Bataan.

The MBDA will be under the Office of the Governor to which the implementing arm
will be the Council composed of the mayors of all the member city and municipalities chaired
by the Provincial Governor. Some of its powers and functions were focused on the
formulation, coordination and regulation of the implementation of approved medium and long
term plans and programs of the Province, setting the policies concerning traffic in the
Province, deputization of its personnel by the Land Transportation Office (LTO) or other
government agency concerned, and performance of basic services.

Assistance to medium and long-term development plans of the Bataan Provincial
Planning and Development (PPDO), transport and traffic management, zoning and land use
planning, and shelter services, health and sanitation protection and pollution control, public
safety, peace and order were among the primary and basic services to be catered.

The passage of this bill is earnestly sought.

aw. Do Os:

ENRIQUE T. GARCIA J}
Second District,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS

First Regular Session

House Bill No.__ 4028

Introduced by Representative Enrique T. Garcia Jr

AN ACT
CREATING THE METRO BATAAN DEVELOPMENT AUTHORITY, DEFINING ITS
POWERS AND FUNCTIONS, PROVIDING FUNDS THEREFOR AND FOR OTHER
PURPOSES

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

SECTION 1. Title. - This Act shall be known as the “Metro Bataan Development Authority
Act of 2014.”

SEC. 2. Declaration of Policy. - Consonant with the declaration of policy of the State as
provided in the Constitution, the Local Government Code and other pertinent national laws, it
is hereby declared to be the policy of the State to encourage its city and municipalities to
group themselves to coordinate their efforts, services and resources for purposes commonly
beneficial to them. It is also declared to be the policy of the State to integrate and coordinate
the delivery of certain basic services as well as enforcement of laws, rules and regulations
among its different local government units through the Metro Bataan Development Council
composed of the chief executives of the member city/municipalities with its implementing
arm, the Metro Bataan Development Authority as created herein.

SEC 3. Creation of the Metro Bataan Development Authority. - The Metro Bataan
Development Authority, hereinafter referred to as the MBDA, is hereby created under the
Office of the Governor as the implementing arm of the Metro Bataan Development Council,
hereinafter referred to as the Council. The Council shall be composed of the chief executives
of the city/municipalities and chaired by the Provincial Governor in the Province of Bataan
based on the Memoranda of Agreement executed among the member local government
units.

The MBDA shall perform planning and implementation of policies approved by the
Council, monitoring and coordinative functions, and in the process exercise regulatory and
supervisory authority over the delivery of province-wide services in the Province of Bataan
without diminution of the autonomy of the local government units concerning purely local
matters.

SEC. 4 Scope of MBDA Services. — Province-wide services under the jurisdiction of the
MBDA are those services which have province-wide impact and transcend legal political
boundaries or entail huge expenditures such that it would not be viable for said services to


be provided by the individual local government units (LGUs) in the Province of Bataan.
These services shall include:

(a)

(b)

(c)

(a)

(e)

)

(9)

Assist the Bataan Provincial Planning and Development Office (PPDO) in
development planning which includes the preparation of medium and long-term
development plans; the development evaluation and packaging of projects;
investment programming and coordination and monitoring of plan, program and
project implementation;

Transport and traffic management which include the formulation, coordination
and monitoring of policies, standards, programs and projects to rationalize the
existing transport operations, infrastructure requirements, the use of
thoroughfares, and promotions of safe and convenient movement of persons and
goods: provision for transport system and the institution of a system to regulate
Toad users; administration and implementation of all traffic enforcement
operations, traffic engineering services and traffic services and traffic education
programs, including the institution of a single ticketing system in the Province of
Bataan;

Zoning and land use planning, and shelter services which include the
formulation, adoption and implementation of policies, standards, rules and
regulations, programs and projects to rationalize and optimize land use and
provide direction to growth and expansion, the rehabilitation and development of
slum and blighted areas, the development of shelter and housing facilities and
the provision of necessary social services thereof;

Health and sanitation protection and pollution control which include the
formulation and implementation of policies, rules and regulations, standards,
programs and projects for the promotion and safeguarding of the health and
sanitation of the province and for the enhancement of ecological balance and the
prevention, control and abatement of environmental pollution, in coordination
with the Department of Health (DOH) and the DENR;

Public safety which includes the formulation and implementation of programs and
policies and procedures to achieve public safety, especially preparedness for
preventive or rescue operations during times of calamities and disasters such as
conflagrations earthquake, flood and tidal wave; and coordination and
mobilization and resources and the implementation for rehabilitation and relief
operations in coordination with national agencies concerned;

Peace and order including the formulation and implementation of programs and
policies and procedures to achieve public safety, especially preparedness for
preventive or rescue operations during times of calamities and disasters such as
conflagrations, earthquake, flood and tidal waves; and coordination and
mobilization of resources and the implementation for rehabilitation and relief
‘operations in coordination with national agencies concerned;

Such other province-wide services and functions as the Council may order the
MBDA to perform.

SEC. 5. Metro Bataan Development Authority. — The Metro Bataan Development Authority
herein created under the Office of the Governor shall be headed by a General Manager, who
shall have the rank and privileges of head of a department of the Provincial Government of
Bataan, to be appointed by the Provincial Governor. The term of the General Manager shall
be co-terminous with that of the Provincial Governor.


The General Manager shall be assisted by an Assistant General Manager, who shall
have the rank and privileges of an assistant head of a department of the Provincial
Government of Bataan.

SEC. 6. Metro Bataan Development Council, - In accordance with the Memoranda of
‘Agreement executed among the member city/municipalities, the Metro Batan Development
Council shall form and approve the policy and programs to be implemented by the MBDA in
coordination with other agencies of the national and local government. The Council shall be
composed of the mayors of all the member city and municipalities headed and chaired by
the Provincial Governor. The directors of the DPWH, Department of the Interior and Local
Government (DILG) and the Philippine National Police (PNP) or their duly authorized
representatives, shall also attend the meetings of the Council.

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

SEC. 7. Functions and powers of the Metro Bataan Development Authority. - The
MBDA shall:

(a) Formulate, coordinate and regulate the implementation of approved medium and
Jong term plans and programs for the delivery of province-wide services, land use
and physical development within the Province of Bataan, consistent with national
development objectives and priorities;

(b) Undertake and manage on its own approved plans and projects for the delivery of
specific services under its jurisdiction;

(©) Coordinate, monitor and adopt solutions to problems of implementation of such
plans, programs and projects in the Province;

(d) The MBDA shall set the policies concerning traffic in the Province, coordinate
and regulate the implementation of all approved programs and projects
conceming traffic management specifically pertaining to enforcement,
engineering and education. Upon request, it shall be extended assistance and
cooperation, including but not limited to, assignment of personnel by local
government units and other government agencies and offices concerned;

(e) Upon the deputization of its personnel by the Land Transportation Office or other
government agency concerned, the personnel of the MBDA shall enforce, impose
and collect fines and penalties for all kinds of violations of traffic laws,
ordinances, rules and regulations, whether moving or non-moving in nature, and
confiscate and suspend or revoke driver's licenses in the enforcement of such
traffic laws and regulations;

(f) Perform other related functions assigned by the Chairman and the Council that
may be necessary to achieve the objectives of the MBDA, including the
undertaking of delivery of basic services to the local government units when
deemed necessary, subject to prior coordination with and consent of the local
government unit concerned

‘SEC. 8. Functions of the General Manager. - The General Manager shall:

(a) Execute the policies and programs of the MBDA and be responsible for the
efficient and effective day-to-day management of the operations of the MBDA;


(b) Supervise subordinate personnel;
(c) Supervise the operation of various operating centers and units of the MBDA;

(d) Formulate and recommend policies and programs to the Council for the efficient
delivery of province-wide services;

(e) Review of plans and programs of the MBDA, in the preparation of the annual
report of the activities and accomplishments of the MBDA; and

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

SEC. 9. Institutional Linkages of the MBDA. - The MBDA shall, in carrying out its
functions, consult, coordinate and work closely with the LGUs, the DPWH, Department of
Transportation and Communication (DOTC) and other national government agencies;
accredited people's organizations (POs); non-government organizations (NGOs), and the
private sector operating in the Province of Bataan.

The MBDA shall have an approved master plan that shall serve as the framework for
the local development plans of the component LGUs.

The implementation of the MBDA’s plans, programs and project shall be undertaken
by the LGUs, the concerned national government agencies, the POs, NGOs and the private
sector and MBDA itself where appropriate.

SEC. 10. Sources of Funds and the Operating Budget of MBDA. - The annual
expenditures, including capital outlays, of the MBDA shall be included in the General
Appropriations Act of the year following its enactment into law and thereafter.

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

‘The MBDA, subject to the approval of the Council, may hereafter resolve to require all
its member city ‘and municipalities to contribute a portion of its annual revenue for its
operation and the implementation of projects.

SEC. 11. 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. 12. Separability Clause. - In case any part or provision of this Act is held
unconstitutional or invalid, other parts of provisions thereof which are not affected shall
continue to remain full force and effect.

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

Approved,