Metropolitan Davao Development Authority Act

Case Overview and Summary

Summary of the Metropolitan Davao Development Authority Act

Declaration of Policy (Section 2)
- Adopt a national dispersion through regional agglomeration strategy to revitalize large cities.
- Consider Davao City, Panabo, Tagum, Island Garden City of Samal, Digos, Mati, and certain municipalities as a special development and administrative region called Metropolitan Davao.

Creation of the Metropolitan Davao Development Authority (MDDA) (Section 3)
- A special body called the Metropolitan Davao Development Authority (MDDA) is created to coordinate and promote socioeconomic growth and sustainable development of Metropolitan Davao.
- The MDDA shall not diminish the autonomy of the Local Government Units (LGUs) of Metropolitan Davao concerning purely local matters.

Jurisdiction of the MDDA (Section 4)
- The MDDA shall have jurisdiction over Davao City, Panabo, Tagum, Island Garden City of Samal, Digos, Mati, and certain municipalities.
- Other cities and municipalities created in the future within these LGUs shall also be under the MDDA's jurisdiction.

Scope of the MDDA Services (Section 5)
- The MDDA shall provide the following services across boundaries to multiple and interdependent political entities:
- Development planning (Section 5a)
- Transport management (Section 5b)
- Solid waste disposal and management (Section 5c)
- Flood control and sewerage management (Section 5d)
- Urban renewal, zoning, land use planning, and shelter services (Section 5e)
- Health and sanitation, urban protection, and pollution control (Section 5f)
- Public safety (Section 5g)

Functions of the MDDA (Section 6)
- Formulate plans aligned with national and regional development plans (Section 6a).
- Set policies concerning traffic, waste management, and public safety and security for Metropolitan Davao and coordinate, regulate, and enforce their implementation (Section 6b).
- Prepare and implement or manage metropolitan-wide programs and projects for the delivery of specific services under its jurisdiction, subject to the approval of the Metropolitan Davao Development Council (Section 6c).
- Review and recommend to the Metropolitan Davao Development Council policies regarding development permits for residential, commercial, or industrial purposes and other major land development that have metropolitan-wide impact (Section 6d).
- Monitor the implementation of metropolitan-wide programs and projects and identify implementation issues and appropriate solutions (Section 6e).
- Install and administer a single ticketing system, fix, impose, and collect fines and penalties for all kinds of traffic violations, and confiscate and suspend or revoke driver's licenses in the enforcement of traffic laws and regulations within the MDDA jurisdiction (Section 6f).
- Prescribe and collect services and regulatory fees, and impose and collect fines and penalties within the MDDA jurisdiction (Section 6g).
- Fix the compensation of the officers and personnel of the MDDA in accordance with the Salary Standardization Law (Section 6h).
- Perform other functions consistent with this Act, subject to approval by the Metropolitan Davao Development Council (Section 6i).

Metropolitan Davao Development Council (Section 7)
- The governing board and the policy-making body of the MDDA shall be the Metropolitan Davao Development Council.
- The Council shall be composed of the Chairperson of the Regional Development Council, Region XI; the governors of the provinces of Davao Oriental, Davao de Oro, Davao del Norte, Davao del Sur, and Davao Occidental; the city mayors of Davao, Mati, Tagum, Digos, Island Garden City of Samal, and Panabo; and the municipal mayors of Carmen, Sta. Cruz, Hagonoy, Padada, Malalag, Sulop, Maco, Malita, and Sta. Maria.
- The Chairperson of the Council shall be appointed by the President of the Philippines from a selection of nominees submitted by the Council and serve for a term of three (3) years.
- The heads of certain Davao regional offices of national government agencies shall attend all meetings of the Council as non-voting members.
- The Chairperson and members of the Council, except ex officio members, are entitled to allowance and per diems in accordance with existing policies, rules and regulations.

Functions of the Metropolitan Davao Development Council (Section 8)
- Approve development plans, investment programs, and projects after consultation and coordination with the LGUs, Regional Development Council (RDC) of Region XI, and other stakeholders operating in the Metropolitan Davao area (Section 8a).
- Formulate and issue ordinances, resolutions, rules and regulations deemed necessary by the MDDA to carry out the purposes of this Act (Section 8b).
- Subject to pertinent laws, policies, rules and regulations, increase the rate of allowances and per diems of the members of the Council to be effective during the term of the succeeding Council (Section 8c).
- Recommend investment programming for its plans and programs, as well as supervise the implementation of plans and programs which include the formulation and coordination of its related activities (Section 8d).
- Coordinate and work closely with the Department of Transportation (DOTr) and its attached agencies on the grant of franchises to safe, reliable, and environment-friendly public utility vehicles within the MDDA jurisdiction (Section 8e).
- Approve the annual budget of the MDDA for submission to the Department of Budget and Management (DBM), and endorse the annual as well as the supplemental budgets of the MDDA (Section 8f).
- Perform such other acts and assume such other functions as may be consistent and necessary to carry out the provisions of this Act (Section 8g).

Effectivity of Ordinances and Resolutions (Section 9)
- An ordinance or resolution passed by the Council shall be posted in a bulletin board at the entrance of the MDDA building and in at least two (2) other conspicuous places in the office of the MDDA within ten (10) days from its approval and shall take effect fifteen (15) days after such posting (Section 9a).
- Ordinances with penal sanctions shall be published in a newspaper of general circulation within Metropolitan Davao and shall take effect fifteen (15) days thereafter (Section 9b).

Functions of the Chairperson of the Council (Section 10)
- 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 (Section 10a).
- Execute the policies and measures approved by the Council and be responsible for the efficient and effective day-to-day management of the operations of the MDDA (Section 10b).
- Prepare the annual budget for the operations of the MDDA for submission to the Council (Section 10c).
- Submit for consideration of the Council such other duties and measures as the Chairperson may deem necessary to carry out the purposes and provisions of this Act (Section 10d).
- 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 MDDA in accordance with civil service laws, rules and regulations, and evaluation and approval of the DBM and exercise the power to discipline subordinate officials and employees under the provisions of law (Section 10e).
- Prepare an annual report on the accomplishment of the MDDA at the close of each calendar year for submission to the Council and to the President of the Philippines (Section 10f).
- Serve as a member of the Board of Directors of the Davao International Airport Authority (DIAA) pursuant to Republic Act No. 11457 (Section 10g).
- Perform such other duties as may be assigned by the President of the Philippines or by the Council (Section 10h).

Functions of the General Manager (Section 11)
- Assist the Chairperson in the administration of the MDDA and supervision of subordinate personnel (Section 11a).
- Assist the Chairperson in the supervision of the operation of the various centers and units of the MDDA (Section 11b).
- Assist the Chairperson in the review of plans and programs for the MDDA and for the cities and municipalities in the preparation of the annual report of activities and accomplishments of the MDDA (Section 11c).
- Perform such other duties and functions as may be lawfully delegated or assigned by the Chairperson from time to time (Section 11d).

Institutional Linkages of the MDDA (Section 12)
- The MDDA shall consult, coordinate and work closely with the LGUs, the Regional Development Council of Region XI, and other national government agencies, people's organizations, nongovernment organizations, and the private sector operating in Metropolitan Davao.
- The MDDA shall adopt a master plan that shall serve as the framework for the local development plans of the component LGUs and aligned with the Davao Regional Development Plan (DRDP).
- The MDDA shall submit the Council's approved development plans and investment programs to the Regional Development Council of Region XI for integration into the plans, programs, and projects that shall be undertaken by the LGUs, concerned national government agencies, people's organizations, nongovernment organizations, private sector, and the MDDA itself where appropriate.
- The MDDA may enter into contracts or memoranda of agreement with these bodies for the delivery of the required services within Metropolitan Davao.
- The MDDA shall, in coordination with the National Economic and Development Authority (NEDA) and the Department of Finance (DOF), interface with foreign assistance agencies for the purpose of obtaining financing support, grants and donations in support of its programs and projects.

Metropolitan Davao Police District (MDPD) (Section 13)
- A police body called the Metropolitan Davao Police District (MDPD) is established.
- The MDPD shall be under the administrative control and operational supervision of the National Police Commission (NAPOLCOM) and headed by a Police Brigadier General.
- The MDPD shall assume and perform the following functions:
- Assume operational control over the local police offices in areas within the jurisdiction of the MDDA (Section 13a).
- Ensure that peace, order, and safety within the MDDA are maintained at all times (Section 13b).
- Integrate law enforcement and police operations capabilities within the MDDA and further promote efficiency in enforcing laws and ordinances therein (Section 13c).
- Coordinate with the MDDA, the Regional Police Office, LGUs and other relevant agencies and recommend plans and programs to be implemented within the MDDA (Section 13d).

Sources of Funds and Operating Budget of the MDDA (Section 14)
- The amount necessary for the operations of the MDDA shall be included in the annual General Appropriations Act.
- The operations of the MDDA shall likewise be supported through financial contributions and technical assistance from member LGUs, national government agencies and government-owned or -controlled corporations (GOCCs) and the private sector, and other local and international organizations in the form of grants, donations, contributions, payments, penalties, fees and charges.
- Acceptance of grants from foreign governments or their agencies and instrumentalities, or multilateral institutions or organizations shall be subject to prior clearance and approval of the Council and the President of the Philippines or the authorized representative, based on the recommendation of the Secretary of Finance.
- Acceptance of donations from foreign governments shall require prior clearance and approval by the Council and the President of the Philippines, or the authorized representative based on the recommendation of the Secretary of Foreign Affairs.
- The MDDA is empowered to levy fines, and impose fees and charges for various services rendered.
- The Council shall undertake continuing negotiations among the member LGUs and GOCCs to commit annual financial contributions for the operations of the MDDA.

Implementing Rules and Regulations (Section 15)
- Within ninety (90) days from the approval of this Act, the Council shall promulgate the necessary rules and regulations for the implementation of this Act.

Separability Clause (Section 16)
- If any part or provision of this Act is held unconstitutional or invalid, the other parts or provisions not affected shall remain in full force and effect.

Repealing Clause (Section 17)
- All laws, decrees, executive orders, rules and regulations, parts or provisions thereof that are contrary to or inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly.

Effectivity (Section 18)
- This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.