Nothing Special   »   [go: up one dir, main page]

An Act Creating The Metropolitan Manila Development Authority, Defining Its Powers and Functions, Providing Funds Therefor and For Other Purposes

Download as doc, pdf, or txt
Download as doc, pdf, or txt
You are on page 1of 10

REPUBLIC ACT NO.

7924

AN ACT CREATING THE METROPOLITAN MANILA


DEVELOPMENT AUTHORITY, DEFINING ITS POWERS
AND FUNCTIONS, PROVIDING FUNDS THEREFOR AND
FOR OTHER PURPOSES.

Section 1. Declaration of Policy. It is hereby declared to


be the policy of the State to treat Metropolitan Manila as a
special development and administrative region and certain
basic services affecting or involving Metro Manila 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, Metropolitan Manila, as a public
corporation created under Presidential Decree No. 824,
embracing the cities of Caloocan, Manila, Mandaluyong,
Makati, Pasay, Pasig, Quezon, and Muntinlupa, and the
municipalities of Las Pias, Malabon, Marikina, Navotas,
Paraaque, Pateros, San Juan, Tagig, and Valenzuela, is
hereby constituted into a special development and
administrative region subject to direct supervision of the
President of the Philippines.
Sec. 2. Creation of the Metropolitan Manila Development
Authority. The affairs of Metropolitan Manila's shall be
administered by the Metropolitan Manila Development
Authority, hereinafter referred to as the MMDA, to replace
the Metro Manila Authority (MMA) organized under
Executive Order No. 392 series of 1990.
The MMDA shall perform planning, monitoring and
coordinative functions, and in the process exercise
regulatory and supervisory authority over the delivery of
metro-wide services within Metro Manila without
diminution of the autonomy of the local government units
concerning purely local matters.
Sec. 3. Scope of MMDA Services. Metro-wide services
under the jurisdiction of the MMDA are those services
which have metro-wide impact 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
Metropolitan Manila. 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 programming; and coordination and
monitoring of plan, program and project implementation.
(b) 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 promotion of safe 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 Metropolitan
Manila.
(c) 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.
(d) 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.
(e) 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 region and for the enhancement of
ecological balance and the prevention, control and
abatement of environmental pollution.
(g) 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.

Sec. 4. Metro Manila Council. The governing board and


policy making body of the MMDA shall be the Metro
Manila Council, composed of the mayors of the eight (8)
cities and nine (9) municipalities enumerated in Section 1
hereof, the president of the Metro Manila Vice Mayors
League and the president of the Metro Manila Councilors
League.

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
(HUDCC), and Philippine National Police (PNP) or their
duly authorized representatives, shall attend meetings of
the council as non-voting members.
The Council shall be headed by a chairman, who shall be
appointed by the President and who shall continue to hold
office at the discretion of the appointing authority. He
shall be vested with the rank, rights, privileges,
disqualifications, and prohibitions of a cabinet member.
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 for operation, all of whom shall be
appointed by the President with the consent and
concurrence of the majority of the Council, subject to civil
service laws, rules and regulations. They shall 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 similar disciplines.
The chairman and members of the Council shall be
entitled to allowance and per diems in accordance with
existing policies, rules and regulations on the matter.
Sec. 5. Functions and Powers of the Metro Manila
Development Authority. The MMDA shall:
(a) Formulate, coordinate and regulate the implementation
of medium and long-term plans and programs for the
delivery of metro-wide services, land use and physical
development within Metropolitan Manila, consistent with
national development objectives and priorities;

(b) Prepare, coordinate and regulate the implementation


of medium-term programs for metro-wide services which
shall indicate sources and uses of funds for priority
programs and projects, and which shall include the
packaging of projects and presentation to funding
institutions;
(c) Undertake and manage on its own metro-wide
programs and projects for the delivery of specific services
under its jurisdiction, subject to the approval of the
Council. For this purpose, MMDA can create appropriate
project management offices;
(d) Coordinate and monitor the implementation of such
plans, programs and projects in Metro Manila; identify
bottlenecks and adopt solutions to problems of
implementation;
(e) The MMDA shall set the policies concerning traffic in
Metro Manila, 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 drivers' licenses in the enforcement of such traffic
laws and regulations, the provisions of R. A. 4136 and P. D.
1605 to the contrary notwithstanding. For this purpose,
the Authority shall enforce all traffic laws and regulations
in Metro Manila, 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 organizations to whom may
be delegated certain authority, subject to such conditions
and requirements as the Authority may impose; and
(g) Perform other related functions required to achieve the
objectives of the MMDA, 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. 6. Functions of the Metro Manila Council.

(a) The Council shall be the policy-making body of the


MMDA.
(b) It shall approve metro-wide plans, programs and
projects and issue rules and regulations and resolutions
deemed necessary by the MMDA to carry out the purposes
of this Act.
(c) It may increase the rate of the allowances and per
diems of the members of the Council to be effective 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).
(d) It shall promulgate rules and regulations and set
policies and standards for metro-wide application
governing the delivery of basic services, prescribe and
collect service and regulatory fees, and impose and collect
fines and penalties.

Sec. 7. Functions of the Chairman. The chairman


shall:chanroblesvirtualawlibrary

(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 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


Metro Manila Council and be responsible for the efficient
and effective day-to-day management of the operations of
the MMDA;
(c) Prepare the annual budget for the operations of the
MMDA for submission to the Council;
(d) Submit for consideration of the Council such other
policies and measures as he may deem necessary to carry
out the purposes and provisions of this Act;
(e) Subject to the guidelines and policies set by the
Council, prepare the staffing pattern and fix the number of
subordinate officials and employees of the MMDA; 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 MMDA at the close of each calendar year for
submission to the Council and to the President of the
Philippines; and
(g) Perform such other duties as may be assigned to him
by the President or by the Council.

Sec. 8. Functions of the General Manager. The general


manager shall:chanroblesvirtualawlibrary

(a) Assist the chairman in the administration of the MMDA


and supervision of subordinate personnel;

(b) Assist the chairman in the supervision of the operation


of the various operating centers and units of the MMDA;
(c) Assist the chairman in the review of plans and
programs for the MMDA and for Metro Manila in the
preparation of the annual report of activities and
accomplishments of the MMDA; and
(d) Perform such other duties and functions as may be
lawfully delegated or assigned by the chairman from time
to time.

Sec. 9. Institutional Linkages of the MMDA. The MMDA


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 organizations (POs), non-governmental
organizations (NGOs), and the private sector operating in
Metro Manila. The MMDA chairman or his authorized
representative from among the Council members, shall be
ex officio member of the boards of government
corporations and committees of the department and offices
of government whose activities are relevant to the
objectives and responsibilities of the MMDA which shall
include but not be limited to Metropolitan Waterworks and
Sewerage System (MWSS), DOTC, DPWH, HUDCC and
Department of the Interior and Local Government (DILG).

The MMDA shall have a master plan that shall serve as the
framework for the local development plans of the
component LGUs.

The MMDA shall submit its development plans and


investment programs to the NEDA for integration into the
Medium-Term Philippine Development Plan (MTPDP) and
public investment program.
The implementation of the MMDA's plans, programs, and
projects shall be undertaken by the LGUs, the concerned
national government agencies, the POs, NGOs and the
private sector and the MMDA itself where appropriate. For
this purpose, the MMDA may enter into contracts,
memoranda of agreement and other cooperative
arrangements with these bodies for the delivery of the
required services within Metropolitan Manila.
The MMDA shall, in coordination with the NEDA and the
Department of Finance, interface with the foreign
assistance agencies for purposes of obtaining financing
support, grants and donations in support of its programs
and projects.
Sec. 10. Sources of Funds and the Operating Budget Of
MMDA:
(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 MMDA.
Thereafter, the annual expenditures including capital
outlays of the MMDA shall be provided in the General
Appropriations Act.

(b) The MMDA shall continue to receive the Internal


Revenue Allotment (IRA) currently allocated to the present
MMA.
(c) The MMDA is likewise empowered to levy fines, and
impose fees and charges for various services rendered.
(d) Five percent (5%) of the total annual gross revenue of
the preceding year, net of the internal revenue allotment,
or each local government unit mentioned in Section 2
hereof, shall accrue and become payable monthly to the
MMDA by each city or municipality.In case of failure to
remit the said fixed contribution, the DBM shall cause the
disbursement of the same to the MMDA chargeable
against the IRA allotment of the city or municipality
concerned, the provisions of Section 286 of R. A. 7160 to
the contrary notwithstanding.

Sec. 11. Transitory Provisions. To prevent disruption in


the delivery of the basic urban services pending the full
implementation of the MMDA's organizational structure
and staffing pattern, all officials and employees of the
interim MMA 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.

All assets and properties presently in use or under the


accountability of the interim MMA and all its obligations,
indebtedness, or liabilities shall be transferred to and
assumed by the MMDA created under this Act, subject to
the conditions that may be established by the Department
of Budget and Management, Office of the President, and
Commission on Audit.

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 1/4) 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.
Sec. 12. Repealing Clause. Executive Order No. 392
dated January 9, 1990 is hereby repealed. All other laws,
decrees, 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. 13. Separability Clause. If 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. 14. Effectivity. This Act shall take effect fifteen (15)
days following completion of its publication in at least two
(2) newspapers of general circulation.

You might also like