Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
FIRST REGULAR SESSION

House Bit No, 81774

INTRODUCED BY Rep. GREG G. GASATAYA

EXPLANATORY NOTE

This is a refile of a Bill of the same nature and intent by Lone District of Bacolod Representative
Evelio R. Leonardia of the 16" Congress which was filed on July 2016 and referred to the Committee on
Local Government.

The Philippine Constitution promotes the autonomy of the Local Government Units (LGUs) and
this ideal and practical manner of governance is further encouraged by the Local Government Code for
further decentralization of powers, functions, and responsibilities and improved efficiency in the
provision of public services.

By both political and social views, the integration of the LGUs especially when they are
geographically adjoining, coupled by their share of social, political, economic, and
to their neighboring constituents in terms of public needs and services, such as waste regulation and
‘management, transport and traffic management, zoning, land use, development planning, health,
sanitation, and other related services, the formation and legal installation of an agency integrating the
neighboring LGUs of the 8 most populous and 6 most densely populated metropolitan area out of the
12 Metropolitan Areas in the Philippines for the common management of such public needs and services
will further enhance their efficiency if not rendering effective the mutual benefits that each LGU aspires.

In this light, the Metropolitan Bacolod Development Authority (MBDA) can be the key to
attaining the collective goals of the LGUs of both enhancing and hastening the growth of the cities of
Bacolod, Silay, Bago, Talisay, and the municipality of Murcia among the fast developing areas towards
high urbanization in Western Visayas while circumventing possible urban mismanagement through
integrated urban planning,

As such, the approval of this bill is deeply sought.

ea FF

REP. GREG G. GASATAYA.
Lone District of Bacolod City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

SEVENTEENTH CONGRESS
FIRST REGULAR SESSION

6174

House Bill No.

INTRODUCED BY Rep. GREG G. GASATAYA

AN ACT
CREATING THE METROPOLITAN BACOLOD DEVELOPMENT AUTHORITY, DEFINING
ITS POWERS AND FUNCTIONS, PROVIDING FUNDING THEREFOR AND FOR OTHER
PURPOSES

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

SECTION 1. Declaration of Policy. — It is hereby declared to be the policy of the State to treat
the cities of Bacolod, Silay, Bago, Talisay, and the Municipality of Murcia as a Special Development and
Administrative Unit (SDAU) and certain basic services affecting or involving the SDAU as metro-wide
services more efficiently and effectively planned, supervised and coordinated by a development authority
as created herein, without prejudice to the autonomy of the affected local government units.

Pursuant to this policy, the group of Local Government Units (LGUs) of the cities Bacolod, Bago,
yy, and the Municipality of Murcia are hereby constituted into a Special Development and

SECTION 2. Creation of the Metropolitan Bacolod Development Authority. ~The affairs of the
SDAU shall be administered by the Metropolitan Bacolod Development Authority, hereinafter referred to
as the MBDA.

‘The MBDA shall perform planning, monitoring and coordinative functions, and in the process
exercise regulatory and supervisory authority over the delivery of metro- wide services within the SDAU
without diminution of the autonomy of the local government units concerning purely local matters.

SECTION 3. Scope of MBDA Services. - SDAU services under the jurisdiction of the MBDA
are those services which have impact to the SDAU and transcend local 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) comprising the SDAU. These services shall include:

(a) Development planning which includes the preparation of medium and long-term
development plans, the development, evaluation and packaging of projects, investments programmin;
and coordination and monitoring of plan, program and project implementation.



(6) 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 sale and convenient movement
of persons and goods; provision for the mass transport system and the institution of a system to regulate
road users; administration and implementation of all traffic enforcement operations, traffic engineering
services and traffic education programs, including the institution of a single ticketing system in the
SDAU.

(©) Solid waste disposal and management which include formulation and implementation of
policies, standards, programs and projects for proper and sanitary waste disposal. It shall likewise include
the establishment and operation of sanitary land fill and related facilities and the implementation of other
alternative programs intended to reduce, reuse and recycle solid waste.

(a) 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.

(©) Urban renewal, 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 urban land use and provide direction to urban 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.

(f) Health and Sanitation, urban 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 SDAU and for the enhancement of
ecological balance and the prevention, control and abatement of environmental pollution.

(2) 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, earthquakes, flood and tidal
‘waves, and coordination and mobilization of resources and the implementation of contingency plans for
the rehabilitation and relief operations in coordination with national agencies concerned.

SECTION 4. SDAU Council. The governing board and policy making body of the MBDA shall
be the SDAU Council, composed of the mayors of the four (4) cities and the lone municipality
enumerated in Section | hereof.

‘The heads of the Department of Transportation and Communications (DOTC), Department of
Public Works and Highways (DPWH), Department of Tourism (DOT), Department of Budget and
Management (DBM), Housing and Urban Development Coordinating Committee (HUDC), and
Philippine National Police (PNP) or their duly authorized representatives, will attend meetings of the
as non-voting members.

The council shall be headed by a Chairman who shall be elected by a majority vote of the SDAU
Council. The Chairman must be an elected mayor of one of the comprising LGUs of the SDAU and shall
continue to hold office at the discretion of the SDAU Council but shall be coterminous with his elective
office as mayor.

The chairman shall be assisted by a general manager, an assistant general manager for finance
and administration, an assistant general manager for planning and assistant general manager operations,


all of whom shall be selected in the same manner as electing the chairman, subject to civil service laws,
rules and regulations. They will enjoy security of tenure and may be removed for cause in accordance
with law.

The assistant general manager for planning must have not less than five (5) years extensive
experience in development and planning or must hold a master’s degree in urban planning or public
administration.

The chairman and members of the council shall be entitled allowance and per diems in
accordance with existing policies, rules and regulations on the matter.

SECTION 5. Functions and Powers of the Metro Bacolod Development Authority. The
MBDA shall:

(@) Formulate, coordinate and regulate the implementation medium and longterm plans and
programs for the delivery of metro-wide services, land use and physical development within the SDAU,
consistent with national development objectives and priorities;

(6) Prepare, coordinate and regulate, the implementation of medium-term investment
programs for SDAU services which shall indicate sources and uses of funds for priority programs and
projects, and which shall include the packaging of projects and presentation of funding institutions;

(©) Undertake and manage on its own SDAU programs and projects for the delivery of
specific services under its jurisdiction, subject to the approval of the Council. For this purpose, MBDA
‘can create appropriate project management offices;

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

(e) The MMDA shall set policies concerning traffic in the SDAU, and shall coordinate and
regulate the implementation of all programs and projects concerning 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 all other government agencies and
offices concerned;

(f) Install and administer a single ticketing system, fix, impose and collect fines and
penalties for all kinds of violations of traffic 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, the provisions of RA 4136 and PD 1605 to the contrary notwithstanding. For this purpose,
The Authority shall enforce all traffic laws and regulations within the SDAU, through its traffic operation
center, and may deputize members of the PNP, traffic enforcers of local government units, duly licensed
security guards, or members of non-governmental organization to whom may be delegated certain
authority, subject to such conditions and requirements as the Authority may impose; and

(2) Perform other related functions required 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.

SECTION 6. Functions of the SDAU Council. ~

(@) The Council shall be the policy-making body of the MBDA.


(b) It shall approve plans, programs and projects and issue rules and regulations deemed
necessary by the MBDA to carry out the purposes of this Act;

(©) __ It may increase the rate of allowances and per diems of the members of the Council to be
affective during the term of the succeeding Council. It shall fix the compensation of the officers and
personnel of the MMDA, and approve the annual budget thereof for submission to the Department of
Budget and Management (DBM).

(4) It shall promulgate rules and regulations and set policies and standards for-wide
application governing the delivery of basic services, prescribe and collect service and regulatory fees, and
impose and collect fines and penalties.

SECTION 7. Functions of the Chairman. - The Chairman shall:

(@) 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 chairman is hereby authorized to engage the services of experts/consultants either on 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 and measures approved by the SDAU Council and be responsible for
the efficient and effective day-to-day management of the operations of the MBDA;

(©) __ Prepare the annual budget for the operations of the MBDA for the submission to the
SDAU Council;

(d) Submit for consideration of the SDAU Council such other duties and measures as he may
deemed necessary to carry out the purposes and provisions of this Act;

(e) Subject to the guidelines and policies set by the SDAU Council, are the staffing pattern
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) Prepare an annual report on the accomplishments of the MBDA at the close of each
calendar year for submission to the SDAU Council and to the Department of the Interior and Local
Government (DILG); and

(g) _ Perform such other duties as may be assigned to him by the Secretary of DILG or the
SDAU Council.

SECTION 8. Functions of the General Manager. The general manager shall:

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

(6) Assist the chairman in the supervision of the operation of the various operating centers
and units of MBDA;


(c) Assist the chairman in the review of plans and programs for the MBDA and for the
SDAU in the preparation of the annual report of activities and accomplishments of the MMDA; and

SECTION 9. Institutional Linkages of the MBDA. - The MBDA shall, in carrying out its
functions, consult, coordinate and work closely with the LGUs, the National Economic and Development
‘Authority (NEDA) and other national government agencies mentioned in Section 4 hereof, and accredited
people’s organization (Pos), nongovernmental organizations (NGOs), and the private sector operating in
the SDAU. The MBDA shall have a master plan that shall serve as the framework for the local
development plans of the component cities and municipality in the SDAU. The MBDA shall submit its
development plans and investments programs to the NEDA for integration into any public investment
program. The implementation of the MBDA’s plans, programs, and projects shall be undertaken by the
SDAU, the concerned national government agencies as mentioned hereof, the Pos, NGOs and the private
sector and the MBDA itself where appropriate. For this purpose, the MBDA may enter into contracts,
memoranda of agreement, and other cooperative agreements with these bodies for the delivery of the
services in the SDAU as may be necessary. The MBDA shall, in coordination with the NEDA and the
Department of Finance, interface with the foreign assistance agencies for the purposes of obtaining
financial support, grants, and donations in aid of its programs, projects, and policies.

SECTION 10. Sources of Funds and the Operating Budget of MBDA:

(a) To carry out the purposes of this Act , the amount of One billion pesos (P1,000,000,000)
is hereby authorized to be appropriated for the initial operation of the MBDA and as its operating budget
for the first five (5) years. Thereafter, the annual expenditures including capital outlays of the MBDA
shall be provided by the component cities and municipality of the SDAU equal to their total annual
budget of the immediately preceding year. The annual budget of the MBDA shall be subject for review by
the SDAU Council once every three (3) years.

(b) The LGUs shall continue to receive the Internal Revenue Allotment (IRA) currently
allocated to them.

(©) The MBDA is likewise empowered by levy fines and impose fees and charges for various
services rendered.

SECTION 11. Transitory Provisions. - To prevent disruption in the delivery of basic urban
services pending the full implementation of the MBDA’s organizational structure and staffing pattern, all
officials and employees affected by the creation of the MBDA shall continue to exercise their duties and
functions and receive their salaries and allowances until they shall have been given notice of change of
duties and functions, and of being transferred to another office or position.

The civil service laws, rules and regulations pertinent to the displacement of personnel affected
by this Act shall be strictly enforced. The national government shall provide such amounts as may be
necessary to pay the benefits accruing to displaced employees at the rate of one and one-fourth (1%)
month's salary for every year of service: Provided, That if qualified for retirement under existing
retirement laws, said employees may opt to receive the benefits thereunder.

SECTION 12. Repealing Clause. - A\l other laws, decrees executive order, rules and regulations,
or parts or provisions thereof which are not affected shall continue to remain in full force and effect.

SECTION 13. Separability Clause. - \f 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.


SECTION 14. Effectivity. - This Act shall take effect fifteen (15) days following completion of

its publication in at least two (2) newspapers of general circulation.

REP. GREG G. GASATAYA
Lone District of Bacolod City

APPROVED,