HOUSE OF REPRESENTATIVES
RECEIVED
DATE:
Tie:
By.

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS.
First Regular Session

148

REESTRATION UNIT
BILLS AND INDEX SERVICE

HOUSE BILL NO.

Introduced by:
Representatives Raul V. Del Mar, Ramon “Red” H. Durano VI, Benhur L,
Salimbangon, Gwendolyn F. Garcia, Rodrigo A. Abellanosa, Gerald Anthony V.
Gullas, Jr., Aileen C. Radaza, Wilfredo S. Caminero, Jonas C. Cortes and Peter John
D. Calderon

EXPLANATORY NOTE

WHEREAS, Article X, Section 13 of the 1987 Constitution states that “local
government units may group themselves, consolidate or coordinate their efforts,
services, and resources for purposes commonly beneficial to them in accordance
with law.”

WHEREAS, Article X, Section 14 of the 1987 Constitution states that “the
President shall provide for regional development councils or other similar bodies
composed of local government officials, regional heads of departments and other
offices, and representatives from non-government organizations within the region
for purposes of administrative decentralization to strengthen the autonomy of units
therein and to accelerate the economic and social development of the units in the
region.”

WHEREAS, consistent with these mandates, inter-local cooperation, public-
private sector collaboration, and other cooperative arrangements with and among
local government units, national government agencies and other government offices,
private and business sector, and people’s, non-government and civil society
organizations are essential in order to coordinate efforts, services, and resources for
common beneficial purposes.

WHEREAS, founded on the need to promote and develop shared assets and
address trans-boundary issues and challenges attendant to a growing and rapidly
urbanizing metropolis, public and private sector leaders and stakeholders of Cebu
subscribe to the principles and premises of Primus Inter Pares (First Among Equals),
inter-local and city region coordination, public-private sector partnership and
collaboration, and citizen and civil society engagement for metropolitan
development.



WHEREAS, anchored on the big picture, holistic, and long term perspective of
development, leaders and stakeholders emphasized the importance of evidence-
based and expertise-supported planning, policy. and decision-making.

WHEREAS, stakeholders in Metropolitan Cebu and surrounding areas in the
Province of Cebu envision and aspire for a “Wholesome, Advanced, Vibrant,
Equitable, and Sustainable (W.A.V.E.S.) Cebu in 2050 thru alignment of public and
private sector efforts with the development strategy of competitiveness, liveability,
mobility, and metropolitan management and the implementation of a roadmap for
sustainable urban development.

WHEREAS, building and capitalizing on the gains of collaboration and
engagement and in the pursuit of the Mega Cebu 2050 Vision, there is a need to
establish the Mega Cebu Development Authority (MCDA) to initiate efforts, provide
services, and coordinate policies, plans, programs, and projects with concerned local
government units (LGUs), national government agencies (NGAs), government owned
and controlled corporations (GOCCs), private sector and civil society, and constituent
communities with regard to the development and promotion of shared assets and
resources, delivery of common services and functions, all trans-boundary in nature,
to achieve integrated, inclusive, and sustained development.

PURSUANT THERETO, stakeholders of highly urbanized cities of Cebu,
Mandaue and Lapu-Lapu as well as the component cities of Danao, Talisay, Naga and
Carcar, and the municipalities of Consolacion, Liloan, Compostela, Cordova,
Minglanilla and San Fernando comprising the Metropolitan Cebu area, and
surrounding cities and towns in the Province of Cebu, civil society and private sector
organizations, and national government agencies and other public sector
organizations aspire for a permanent, appropriate, and responsive institutional
platform that commits to and is reflective of the principles and framework of inter-
local and city-region collaboration, public-private sector partnership, citizen and civil
society engagement, and evidence-based and expert-assisted planning and
development.

RAMON “RED” H. DURANO VI

BENHUR L. SALIMBANGON GWENDOLYN F. GARCIA


RODRIGO A. ABELLANOSA GERALD ANTHONY V. GULLAS, JR.

AILEEN C. RADAZA WILFREDO S. CAMINERO

JONAS C. CORTEZ PETER JOHN D. CALDERON


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

148

HOUSE BILL NO.

introduced by:
Representatives Raul V. Del Mar, Ramon “Red” H. Durano VI, Benhur L.
Salimbangon, Gwendolyn F. Garcia, Rodrigo A. Abellanosa, Gerald Anthony V.
Gullas Jr., Aileen C. Radaza, Wilfredo S. Caminero, Jonas C. Cortes and Peter John
D. Calderon

AN ACT
CREATING THE MEGA CEBU DEVELOPMENT AUTHORITY, PRESCRIBING ITS
POWERS, FUNCTIONS AND DUTIES, PROVIDING FUNDS THEREFOR, AND FOR
OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the “Mega Cebu
Development Authority Act of 2016.”

SEC. 2. Declaration of Policies and Principles. - \t is hereby the declared
policy of the State to promote and accelerate the sustainable development and
balanced growth of the Province of Cebu and the highly urbanized Cities of Cebu,
Mandaue, and Lapu-Lapu, within the context of national policies for economic,

social, and environmental well-b

iB
It is likewise hereby declared to be the policy of the State to treat
Metropolitan Cebu as a special development and administrative region where certain

policies, programs, and services affecting or involving Metro Cebu, on a metro-wide



or multi-LGU level, are more efficiently and effectively planned, supervised,
implemented, and coordinated by a development authority as created herein,
without prejudice to the autonomy of the affected local government units.

Pursuant to these national policies, the following aspirations and principles
are hereby declared:

(a) To recognize a more institutionalized approach to metropolitan or multi-
LGU and integrated development planning that is expertise-supported and evidence-
based, participatory, responsible, accountable, and necessary for all or part of its
community;

(b) To foster cooperative relations between and among metropolitan and
surrounding cities and towns in order to efficiently and effectively sustain efforts and
meet the needs, promote and develop shared assets and resources, and provide
services that transcend geopolitical municipal and city boundaries without prejudice
to the autonomy of the affected local government units;

(c) To ensure active participation by the private, business, and civil society
sector in the governance, planning, implementation, monitoring and evaluation of
plans, policies, standards, programs, projects, and services; and,

(d) To implement a national government-approved Metropolitan Cebu
Roadmap and other subsequent and related metro-wide or multi-LGU roadmaps and
plans that ensure long-term, sustainable and continuing directions, priorities, and
programs for and by the constituent local and national government agencies and
units, private, business, and civil society sector.

SEC. 3. Definition of Terms. - The following terms used in this Act shall have
the meaning as stated below:

(a) Business Sector refers to for-profit, and commercial enterprises or
businesses and business associations and coalitions (cross-industry, multi-issue
groups; cross-industry, issue-specific initiatives; industry-focused initiative); including

but not limited to, corporate philanthropic foundations.


(b) Civil Society refers to the wide array of non-governmental and not-for-
profit organizations that have a presence in public life, expressing the interests and
values of their members or others, based on ethical, cultural, political, scientific,
religious or philanthropic considerations. Civil Society Organizations (CSOs)
therefore refer to organizations such as: community groups, non-governmental
organizations (NGOs), labor unions, indigenous groups, charitable organizations,
faith-based organizations, professional associations, and foundations.

(c) Private Sector/Entity refers to entities of the economy that are owned by
private citizens and not by the state, including those enterprises created either for
profit or non-profit and households.

(d) Metropolitan Cebu Area or Metro Cebu covers the highly urbanized cities
of Cebu, Mandaue, and Lapu-Lapu, the cities of Danao, Talisay, Naga and Carcar, and
the municipalities of Consolacion, Liloan, Compostela, Cordova, Minglanilla and San
Fernando.

(e) Mega Cebu refers to the platform (for inter-local cooperation, public-
private sector partnership, and local-regional-national-integration) promoting the
“big picture perspective” (i.e., long term, multi-LGU, metro-wide) and advancing
collaborative planning and action on shared assets and common trans-boundary
concerns towards a sustainable, smart, and inclusive Cebu. It is anchored on and
considers the island-wide or larger provincial (whole Cebu) and regional (Visayas)
context, while starting out its on-ground engagement and intervention at the
Metropolitan Cebu (13 LGUs) level. Conceptually, thus, Mega Cebu is larger than
Metro Cebu and considers the population of the entire ‘province’ or ‘island’ in the
year 2050 - which is projected to reach more than 10 Million (reference: the
technical definition of a mega population is 10 Million or more).

(f) Metropolitan Cebu Roadmap refers to the “Roadmap Study for
Sustainable Urban Development in Metro Cebu” commissioned by the Metro Cebu
Development and Coordinating Board (MCDCB), funded by the Government of Japan,

and completed by a team from the Japan International Cooperation Agency (JICA).


SECF. 4. Creation of the Mega Cebu Development Authority. - There is
hereby created a special body to be known as the Mega Cebu Development
Authority, hereinafter referred to as “MCDA” or “Authority”, which shall be
organized within thirty (30) days after approval of this Act, to coordinate and
promote socio-economic growth and sustainable development within the islands and
Province of Cebu. The affairs of the Metro Cebu Development and Coordinating
Board (MCDCB) shall be hereinafter administered by the MCDA.

The MCDA shall execute the powers and functions herein vested which shall in
no way diminish the autonomy of the local government units in the Metropolitan
Cebu area and surrounding towns and cities of the Province of Cebu concerning
purely local matters within the framework and subject to the mandate and
limitations of the Constitution, pertinent provisions of the Local Government Code,
and Section 5 hereof.

SEC. 5. Constitution and Jurisdiction of the Mega Cebu Development
Authority. - For purposes of this Act, the MCDA shall comprise the core metropolitan
area embracing the highly urbanized cities of Cebu, Mandaue, and Lapu-Lapu and the
cities of Danao, Talisay, Naga and Carcar as well as the municipalities of Consolacion,
Liloan, Compostela, Cordova, Minglanilla and San Fernando, and such other cities
and municipalities as shall be included from time to time under this section or
conferred by this Act, determined in accordance with the procedures and
requirements outlined in the implementing rules and regulations.

SRC. 6. Powers and Functions of the Mega Cebu Development Authority. -
The Authority shall primarily seek to:

(a) Formulate, coordinate, regulate and monitor the short, medium, and long-
term plans, policies and programs for the sustainable development and integration
of Metropolitan Cebu Area, including investment programs for the delivery of multi-
LGU or metropolitan wide services, land use, spatial and physical development using
strong, coherent governing values and shared vision, with focus on integrated

systems for urban development;


(b) Render services that have multi-LGU or metropolitan wide coverage and
impact, transcending local geopolitical boundaries or entailing substantial
expenditures including, but not limited to: integrated and_ infrastructure
development and planning; transport and traffic management; solid waste disposal
and management; water, septage, sewerage and storm water management; and
disaster risk reduction and management;

(c) Ensure that plans, policies, programs and services are pursued for the

purpose of realizing the Mega Cebu 2050 Vision of a Wholesome, Advanced, Vibrant,

Equitable, and Sustainable (W.A.V.E.S.) Cebu, executing the Mega Cebu development
strategy of competitiveness, livability, mobility, and metropolitan management and
implementing the Metropolitan Cebu Roadmap and other subsequent and related
roadmaps;

(d) Ensure continuing research, evaluation, and monitoring to enhance plans,
policies, programs, services and efforts to anticipate or respond to the dynamic and
changing realities and needs of metropolitan development;

(e) Perform other related functions required to achieve the Mega Cebu 2050
Vision and objectives of the MCDA, including the undertaking of delivery of services
to the local government units, when deemed necessary and subject to prior
coordination and consent of the local government unit concerned.

SEC. 7. Scope of Services of the Mega Cebu Development Authority. - In
coordination with appropriate government units and agencies and relevant private
sector organizations, the scope of services of MCDA shall include, but not limited to:

(a) Spatial and integrated planning, and infrastructure planning and
development, which includes the formulation, adoption, and implementation of
plans, policies, programs, projects, standards, rules and regulations to rationalize and
optimize land use; conserve and protect natural resources, provide direction to
urban growth and expansion within the context of smart, connected, compact and

sustainable growth; and the provision of necessary services;



(b) Transport and traffic management which includes the formulation,
coordination, and monitoring of policies, standards, plans, programs and projects,
including its implementation and its integration with land use, rationalization of the
existing transport operations, infrastructure requirements, and use of thoroughfares;
promotion of safe and convenient movement of persons and goods; provision for
and maintenance of mass transport system, road infrastructure, and institution of a
people-centered network of mobility (including pedestrianization and non-motorized
forms of transport) as well as a system to regulate road users; and the administration
and implementation of traffic enforcement operations, traffic engineering services,
and traffic education programs, including the institution of a single ticketing system;

(c) Solid waste management, which includes the formulation and
implementation of policies, standards, plans, programs and projects for proper and
sanitary waste disposal; the establishment and operation of sanitary landfill and
related facilities; the establishment and operation of alternative waste management
facilities; and the implementation of appropriate programs, projects, and services
intended to manage, dispose, reduce, reuse, and recycle solid waste;

(d) Water, septage and sewerage, and storm water management, which
includes the formulation and implementation of policies, standards, plans, programs
and projects for water supply and water resources management; integrated storm
water management, drainage and flood control; and septage and sewerage
management system;

(e) Disaster risk reduction and management, which includes the formulation
and implementation of plans, programs, projects, policies, standards and procedures
to achieve public safety, especially preparedness for preventive or rescue operations
during times of calamities and disasters; management of information; coordination
and mobilization of resources; and recovery, rehabilitation, and relief operations.

SEC. 8. Composition of the Mega Cebu Development Board (MCDB). - The

governing and corporate powers of the MCDA shall be vested in and exercised by the


Mega Cebu Development Board (hereinafter referred to as MCDB or Board)
composed as follows:

(a) Governor of the Province of Cebu;

(b) Mayors of the 13 cities and municipalities of Metro Cebu;

(c) President of the league of municipalities of Cebu;

(d) Congressional District Representatives of all congressional districts of
Cebu;

(e) Directors of National Government Agencies and other government
instrumentalities in Region VII as may be necessary to pursue the mandate and scope
of services of MCDA and as provided for under Section 7 hereof;

(f) Heads of private sector and civil society organizations, associations, and
coalitions coming from business, service, and investment; environment and social
development; and other relevant sectors, following a nomination process and criteria
as set out below; Provided, however, that the total number of the private sector and
civil society organizations hereof shall not be less than seven (7) but not more than
one-third (1/3) of the total composition of the Board;

(g) Chairperson of the Institutional Development Committee;

(h) Chairpersons of the Public Service Commissions;

(i) General Manager of the Authority, to be recommended by the Executive
Committee and confirmed by the MCDB, who shall serve as the Chief Operating
Officer of the MCDA and ex-officio member of the MCDB.

The officers of the MCDB shall consist of one (1) Chairperson and two (2) Co-
Chairpersons to be elected from among its members. The Chairperson shall be
elected from among the Governor and Metro Cebu Mayors on an annual basis by at
least a 2/3 vote of all members of the Board. He or she shall assume office following

the election and until re-elected or until a successor shall have been elected.

The two (2) Co-Chairpersons shall be elected to represent one (1) from the
public sector, and another one (1) from the private sector. The post of the Co-

Chairpersons (public and private sector) shall be for a three-year period and subject



to re-election. The Co-Chairperson from the private sector shall automatically
assume as the Chairperson of the Executive Committee as provided in Section 10
hereof.

All members of the MCDB shall serve only during their incumbency and tenure
of office (as representative of an organization, agency, or unit), unless sooner
removed for cause. In case of removal for cause, the replacement shall only serve
the unexpired portion of the term.

No representative of any organization shall be appointed or designated as
representative from the private sector and civil society unless chosen through a
nomination process in accordance with the implementing rules and regulations
concerning the private sector and civil society organizations.

Each member shall have equal voting rights and participate during the
deliberations of the regular and special business of the MCDB: Provided, That twenty
(20) members of the MCDB shall constitute a quorum for the conduct of regular and
special meetings. All other procedural matters including the conduct of meetings;
identification, nomination, and election of members from among the private sector
and civil society as well as from national government agencies and other government
instrumentalities shall be prescribed in its internal rules.

SEC. 9. Powers and Functions of the Mega Cebu Development Board. - The
MCDB shall serve as the highest governing body of the Authority and shall perform
the following functions and powers:

(a) Adopt and approve rules and regulations to govern the conduct of
business of the Board;

(b) Approve the multi-LGU or metropolitan-wide short, medium, and long-
term development plans, policies, and programs, and such projects developed and
packaged by the RPOD-TOPO, the various Committees, Commissions, and respective
project management offices;

(c) Promulgate policies and standards for metropolitan-wide application

governing the delivery of services, prescription and collection of service and


regulatory fees, and the imposition and collection of fines and penalties, including
the assessment and collection of contributions, fees, and charges for the operation
of the MCDA or use of facilities or services, as may be deemed necessary and proper;

(d) Approve the organizational structure of the Authority, and as endorsed by
the Executive Committee, confirm or define the duties and responsibilities of all
officers and employees, including the appointment of key officials of the Authority,
and fix the compensation and benefits of officers and personnel, including the
granting of incentives;

(e) Approve the appointment or removal of the General Manager, Assistant
General Managers, or Chairpersons of the different commissions and committees as
may be endorsed by the Executive Committee;

(f) Approve, endorse, and incorporate plans, policies, programs, and projects
formulated by local government units and other public sector agencies, including
those areas and services which were not included in the Metropolitan Cebu
Roadmap, after proper consultation and coordination;

(g) Submit to the National Economic Development Authority (NEDA) Board its
plans, programs, projects and activities to enable adoption, endorsement, approval,
integration and/or progressive roll out of integrated and system-wide plans,
programs, projects, and spatial urban and rural design decisions;

(h) Form, establish, organize and maintain commissions to provide multi-LGU
or metropolitan wide services, in accordance with relevant Philippine laws; where
the majority members of the board of directors of the commissions so created shall
be from members of the MCDB, with one (1) of the directors being the Chairperson
or Co-Chairperson of the MCDB;

(i) Enter into contract and own properties; receive funding, payments, grants,
contributions and donations; sue and be sued in order to carry out its duties and
functions as provided for in this Act;

(j) Establish a conflict management committee to address conflicts to which

all entities and/or individuals will resort to, at the first instance;


(k) Perform any and all related acts to carry out its mandate and perform its
objectives, including the undertaking of delivery of services to the local government
units when deemed necessary, subject to prior coordination with and consent of the
local government unit concerned;

(I) Adopt, alter, and use a corporate seal; and,

(m) Carry out the purposes and provisions of this Charter.

SEC. 10. Creation and Composition of the Executive Committee of the Mega
Cebu Development Board. - A body corporate to be known as the Executive
Committee is hereby created where corporate powers are vested to manage the
affairs and further the purposes of the MCDA. It shall be composed of the following
members, to wit:

(a) Chairperson, Private Sector Co-chair of the Board;

(b) Governor or Representative of the Province of Cebu;

(c) Congressional District Representative who shall be elected from among
the District Representatives of Cebu;

(d) Mayor, or in his absence, Vice Mayor, representing all the cities within
Metro Cebu;

(e) Mayor, or in his absence, Vice Mayor, representing all the municipalities
within Metro Cebu;

(f) President of the league of municipalities of Cebu;

(g) Heads of the private sector and civil society organizations (MCDB
member); one from the business or for-profit sector and another one from the civil
society or non-profit sector who shall be elected as representatives from among the
private sector and civil society organizations;

(h) Chairperson of the Institutional Development Committee;

(i) Chairpersons of the Public Service Commissions; and,

(i) General Manager of the Authority.


SEC. 11. Powers and Functions of the Executive Committee. - The Executive
Committee of the Mega Cebu Development Board shall have the following powers
and functions:

(a) Formulate, prescribe, amend and endorse rules and regulations to govern
the conduct of its business;

(b) Endorse to the MCDB for approval, the creation and organization of the
Institutional Development Committee, Public Service Commissions, and other
committees as may be necessary to fulfill the mandate of the Authority;

(c) Endorse to the MCDB for approval, the organizational structure of the
Authority, define the composition, duties and responsibilities of all officers and
employees, including the appointment of key officials of the Authority;

(d) Identify, select, appoint, suspend, remove or discipline the General
Manager and other key officials by majority vote of all the members of the Executive
Committee and endorse same to the MCDB for approval;

(e) Fix the compensation, benefits, and incentives of key officials and other
staff of the MCDA to perform finance and administration (to include human
resources management, audit, legal, reputation and risk management, IT); research
and knowledge management (to include monitoring and evaluation, education,
communications and stakeholder relations); planning, development, and technical
support (to include project development); and operations and services (to include
project management and service delivery): Provided, That, the General Manager and
Assistant General Managers shall be exempt from Civil Service rules and regulations;

(f) Endorse to the MCDB the multi-LGU or metropolitan-wide short, medium,
and long-term development plans end programs, and such projects developed and
packaged by the RPOD-TOPO, the various Committees, Commissions, and respective
project management offices;

(g) Recommend investments programming for its plans and programs, as well
as supervise the implementation of plans and programs which includes the

formulation and coordination of related activities in Metropolitan Cebu;


(h) Endorse the annual and/or supplemental budgets of the Authority to the
Board; and

(i) Perform such other acts and assume such other functions as may be
necessary to carry out the provisions of the Charter.

SEC. 12. Creation of Institutional Development Committee. - There shall be
created an Institutional Development Committee (IDC) which is necessary to provide
support to MCDA’s operations and implement the internal programs and
requirements of the MCDA; with such committee overseeing the various
components, operations, and processes of MCDA such as finance and administration
(to include human resources management, audit, legal, reputation and risk
management, IT); research and knowledge management (to include monitoring and
evaluation, education, communications and stakeholder relations); planning,
development, and technical support (to include project development}; and
operations (to include project management and service delivery).

The Chair of the committee represents the IDC in the MCDB and Executive
Committee. Any MCDB or Executive Committee Member may opt to observe or be a
part of the IDC.

SEC. 13. Creation of Public Service Commissions. - There shall be created
Public Service Commissions (PSCs) for the five (initial) focal areas of MCDA, including
Integrated Development and Spatial Planning (IDSP), Transport and Traffic
Management (TTM), Solid Waste Management (SWM), Water Supply Management
(including septage and sewerage, and storm water) (WSM) and Disaster Risk
Reduction and Management (DRRM).

The PSCs, led by its respective Chairpersons, shall be composed of MCDB
members or other parties interested in contributing to the five focal areas. NGAs,
GOCCs, LGUs and other organizations mandated to provide services in these five
focal areas shall be invited to the appropriate PSC for membership or coordination.

SEC. 14. Creation of the Research, Program, and Organizational

Development — Technical, Operations, and Planning Office. - There shall be created


a Research, Program and Organizational Development — Technical, Operations, and
Planning Office (RPOD-TOPO) which is necessary to deliver the MCDA’s mandate,
provide support, and manage its operations. The RPOD-TOPO shall serve as the
coordinating and operations office, and process facilitator for the Authority;
providing finance and administration, research, knowledge management and
planning expertise and services, technical support, operations, service delivery and
project management, as well as guidance to the Board, Executive Committee, other
Committees and Commissions; facilitate the organization, integration, and
complementation of the Authority's various functions, structures, plans, programs,
projects and services; and serve as Secretariat of the MCDB, Executive Committee,
other Committees and Commissions, to keep a record and have custody of the
proceedings of all sessions and/or meetings.

The RPOD-TOPO shall consist of the General Manager, Assistant General
Managers, appropriate supervisory and other employees of the MCDA. The General
Manager (GM), selected and appointed on the basis of defined competence and
qualities, shall:

(a) Assist in the administration of the MCDA and supervision of subordinate
personnel;

(b) Assist in the supervision of the operation of the various committees,
commissions, and offices of the MCDA;

(c) Assist in the preparation and review of plans and programs of the MCDA
for multi-LGU or the Metropolitan Cebu Area; and the preparation of the annual
report of activities and accomplishments of the MCDA;

(d) Assist in the preparation of the annual budget and financial report for the
operations of the MCDA for submission to and endorsement of the Executive
Committee, and approval by the Board;

(e) Perform such other duties and functions as may be lawfully delegated or

assigned from time to time.



There shall be appointed Assistant General Managers for Finance and
Administration; Research and Knowledge Management; Planning, Development, and
Technical Support; and Operations and Service Delivery who shall be chosen based
‘on academic qualifications, competence, and experience, and perform their roles,
responsibilities, and functions in accordance with their respective Terms of
References.

These departments will be staffed by appropriately qualified personnel with
relevant academic backgrounds and work experiences consistent with the purpose,
functions, requirements, and scope of the Authority.

All employees of the MCDA shall be subject to periodic monitoring and
evaluation.

SEC. 15. Creation of Conflict Management Committee. - There shall be
created a Conflict Management Committee to address any controversy, primarily
between and among members from the local government units and agencies, private
and business sectors, and civil society. The parties shall first attempt to settle the
dispute through dialogue. If a settlement is not reached, any unresolved controversy
shall be settled thru mediation and arbitration by the Conflict Management
Committee whose decision shall be final and executory.

SEC. 16. Institutional Linkages. - The MCDA shall establish institutional
linkages and relations with appropriate government agencies and units, private
sector and civil society organizations at the local, regional, national, and international
levels concerning matters of import end relevance to Mega Cebu or the Metropolitan
Cebu area.

For this purpose and guided by rules and regulations, the MCDA shall carry out
its functions in consultation and close coordination with the LGUs, government
agencies and private sector and/or civil society organizations. To facilitate
coordination and alignment, LGUs, NGAs, GOCCs and other relevant organizations

shall submit their policies, plans, programs, and projects, particularly those that may


affect or have an impact on Mega Cebu or the Metropolitan Cebu area and related to
the five (initial) focal areas as outlined in Section 7 hereof.

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

In the implementation of MCDA’s plans and programs utilizing local, national
and other funds, which shall be undertaken either by the local government unit,
national government agency, or other public and private sector organizations
responsible for the delivery of such services, the MCDA may enter into contracts,
memoranda of agreement and other cooperative arrangements with these entities
for the delivery of the required services.

The MCDA shall also coordinate and interface with foreign assistance and
other agencies for the purpose of obtaining financing and technical support, and
securing contributions, grants and donations from various sources to support its

operations or undertake its programs and projects.

SEC. 17. Focal Persons. - There shall be appointed a focal person from each
MCDB member, from the LGU, National Government Agency or GOCC, private and
civil society sector to ensure close coordination with MCDA for the implementation,
coordination, and monitoring of plans, policies, programs, projects and services.

SEC. 18. Appropriations and Financing. ~ For the organizational and
operating expenses of the Authority, an initial fund of ONE BILLION PESOS (P
1,000,000,000.00) shall be appropriated by the National Government. Thereafter,
the National Government shall appropriate annually and include in the General
Appropriations Act the funds as may be needed or necessary for its personnel,
capital expenditures, maintenance and other operating expenses and for the

continued implementation of this Act.

The operations of the Authority shall likewise be supported through financial

contributions and technical assistance from member LGUs, NGAs and GOCCs, civil


society and the private sector, and other local and international organizations in the

form of grants, donations, contributions, payments, penalties, fees and charges.

SEC. 19. Good Governance Clause. - The MCDA adheres to the principles of
good governance that ensures commitment to: values and ethical conduct of its
business; transparency in transactions; an effective audit system; statutory and legal
compliance; adequate disclosures and effective decision-making to achieve its

objectives.

SEC. 20. Implementing Rules and Regulations. - Within six (6) months from
the approval of this Act, the rules and regulations to carry out the provisions of this
Act shall be formulated and approved by the MCDA.

SEC. 21. Transitory Provision. - To prevent disruption in the implementation
of the development strategy and roadmap for sustainable urban development and
pending the full implementation of the MCDA’s organizational structure and staffing
pattern, the Metro Cebu Development and Coordinating Board (MCDCB) shall
continue to exercise their mandate, including its coordination efforts and other
functions. All properties presently in use or under the accountability of the MCDCB
and all its obligations, indebtedness, or liabilities shall be transferred to and assumed
by the MCDA created under this Act.

SEC. 22. Separability Clause. - If any provision or part hereof, is held invalid
or unconstitutional, the other provisions not otherwise affected shall remain in full
force and effect.

SEC. 23. Effectivity Clause. - This Act shall take effect fifteen (15) days
following completion of its publication in at least one (1) newspaper of general

circulation.

Approved,