EXECUTIVE ORDER NO. 392
EXECUTIVE ORDER NO. 392 -
CONSTITUTING THE METROPOLITAN MANILA AUTHORITY PROVIDING FOR ITS POWERS
AND FUNCTIONS AND FOR OTHER PURPOSES
WHEREAS,
pursuant to Presidential Decree No. 824, as amended, a public
corporation known as Metropolitan Manila was formed from among the
Cities of Manila, Quezon, Pasay, and Caloocan and the Municipalities of
Makati, Mandaluyong, San Juan, Las Piñas, Malabon, Navotas,
Pasig, Pateros, Parañaque, Marikina, Muntinlupa, Taguig, and
Valenzuela, and placed under the administration of the Metropolitan
Manila Commission;
WHEREAS, the President exercises direct supervision and control over
the Metropolitan Manila Commission (Section 13, Presidential Decree No.
824, as amended);
WHEREAS, Article X, Section s 11 and 13 of the Constitution provide
that:
“Sec.
11. The Congress may, by law, create special
metropolitan political subdivisions, subject to the plebiscite as set
forth in Section 10 hereof. The component cities and municipalities
shall retain their basic autonomy and shall be entitled to their own
local executives and legislative assemblies. The jurisdiction of the
metropolitan authority that will thereby be created shall be limited to
basic services requiring coordination.
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Sec.
13. 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, it is for the best interest of the constituents of the local
government units comprising the Metropolitan Manila that the
consolidation or coordination of the efforts, services and resources
for purposes beneficial to them be administered by their duly elected
local chief executives;
WHEREAS, while Congress is tasked to pass a law that will provide the
metropolitan authority on a more permanent basis, the present demands
for a cohesive consolidation or coordination of basic services among
the component cities and municipalities of the Metropolitan Manila
necessitate an urgent devolution of the powers and functions of the
Metropolitan Manila to an interim authority;
WHEREAS, Article XVIII, Section of the Constitution states:
“Sec.
8. Until otherwise provided by the Congress, the
President may constitute the Metropolitan Authority to be composed of
the heads of all local government units comprising the Metropolitan
Manila area.”
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by the Constitution and by law, do
hereby order:
Section 1. Until otherwise provided by the Congress
there is hereby constituted the Metropolitan Manila Authority,
hereinafter referred to as the Authority, to be composed of the heads
of the four (4) cities and thirteen (13) municipalities comprising the
Metropolitan Manila area.
The Authority shall have jurisdiction over the delivery of basic urban
services requiring coordination in the Metropolitan Manila. These basic
urban services shall include among others: land use, planning and
zoning traffic management; public safety; urban development and renewal
management and control of operations during calamities and emergencies
affecting public welfare and safety; and sanitation and waste
management. Any change in the classification of zoning shall however be
subject to the approval of the Housing and Land Use Regulatory Board
(HLURB).
Sec. 2. The Authority shall be governed by the
Metropolitan Manila Council, hereinafter referred to as the Council,
composed of the Mayors of the four (4) cities and thirteen (13)
municipalities of Metropolitan.
The Chairman shall be elected from among the Mayor members of the
Council to serve for a term of six (6) months. The Council shall be
assisted by a professional Metropolitan General Manager and three
Deputy General Managers to be appointed by the President of the
Philippines.
The Secretaries of Transportation and Communications, Public Works and
Highways, and Budget and Management shall attend all meeting of the
Council as non-voting members.
The Council shall be responsible for the following:
1.
Formulation of policies on the delivery of basic services requiring
coordination or consolidation for the operations of the Authority; and
2.
Promulgation of resolutions and other issuances of metropolitan-wide
application, approval of a code of basic services requiring
coordination, and exercise of its rule- making powers.
The members of the Council shall have one (1) vote each. The Council
shall establish the necessary technical, consultative and secretariat
support.
Sec. 3. The Metropolitan Manila Commission shall
devolve to the Authority all its powers and functions, which are not
otherwise inconsistent with the Constitution and existing laws, in
order to carry out its mandate to deliver basic urban services
requiring coordination or consolidation in Metropolitan Manila.
Sec. 4. The Chairman of the Council shall have the
following functions:
1.
Call and preside at the meetings of the Council;
2. Present for
the approval of the Council the annual budget of the Authority;
3. Submit the
organizational structure and staffing pattern of the Authority for
approval by the Council and the President;
4. Present for
the approval of the Council after consultation with the local
government units and the appropriate government entities the following
plans and proposals: the annual operations plan, proposed policies and
programs, revenue-raising measures and proposals, draft rules and
regulations, and such other plans and projects necessary to carry out
the purpose of this Executive Order and which require the approval of
the Council;
5. Prepare and
submit to the Council and to the President of the Philippines annual
reports and evaluation of programs and projects;
6. Recommend
to the President and Congress, with the approval of the Council,
measures which will improve the quality of life of the people in
Metropolitan Manila or which will introduce services not covered by
this Executive Order which are necessary for the betterment of
Metropolitan Manila;
7. Recommend
to the national policy-making bodies the implementation of plans and
programs of agencies and/or local governments that conform to the
regional development plan; and
8. Perform
such other functions as may be required by law, by the President, or by
the Council of the Authority in accordance with this Executive Order.
Sec. 5. The Metropolitan General Manager of the
Authority shall have the following functions:
1.
Manage the day-to-day operations of the Authority;
2. Develop
programs and implement projects along the policies set by the Council
and assist the Chairman of the Council in the management and operations
of the Authority;
3. Act as head
of the technical, consultative and management of the Authority;
4. Assist the
Chairman and the Council in the preparation of rules and regulations,
the comprehensive development plan, the operations and appropriations
measure, the basic services code, and such other measures which are
necessary to help the Chairman and the Council attain the objectives of
this Executive Order;
5. Prepare the
annual reports and other reports of projects and programs required by
this Executive Order, for the approval of the Chairman; and,
6. Perform
such other functions as may be required by law, by Council, or by its
Chairman.
Sec. 6. The local government units shall continue
to be primarily responsible for the administration of their respective
political jurisdictions. While local governments shall be involved with
specific problems and issues concerning their respective political
jurisdictions, the Authority shall attend to metropolitan-wide and/or
common problems or those transcending local boundaries. Local city and
municipal councils shall formulate and submit city/municipal plans and
priorities to Authority for integration with the sectoral and regional
plans. The Authority shall provide technical assistance and guidance on
the preparation of local development plans and programs to ensure
conformity with the regional plan. The Authority shall review
legislation proposed by the local legislative assemblies to ensure
consistency among local governments and with the comprehensive
development plan of Metropolitan Manila, and advise the local
governments accordingly.
Sec. 7. To carry out the purposes of this
Executive Order, the Authority shall submit to the Department of Budget
and Management the budget for its annual operating expenses for
inclusion in the general appropriations law.
City and municipal treasurers of the local government units comprising
Metropolitan Manila shall continue to collect all revenues and receipts
accruing to the Metropolitan Manila Commission and remit the same to
the Authority; Provided, that such income collections as well as the
share of the Authority from the regular sources of revenue in the
General Fund of the city or municipality as local counterpart for the
integrated basic services and developmental projects shall treated as a
trust fund in their books of account; Provided, further, that the
remittances thereof shall be effected within the first thirty (30) days
following the end of each month. Failure to remit the same within the
prescribed period without justifiable reason shall subject the person
or persons responsible for such delay to the penalties and sanctions
imposed under existing laws. In this regard the Council is authorized
to conduct an inquiry as to the cause of such delay.
All sources of revenues of the Metropolitan Manila Commission shall
remain valid and in effect, and shall henceforth pertain to the
Authority.
Sec. 8. All city and municipal treasures,
municipal assessors, and their assistants as well as all other
officials whose appointments is currently vested upon the Metropolitan
Manila Commission shall be appointed by the President of the
Philippines, upon recommendation of the Council, subject to the Civil
Service law, rules and regulations.
Other treasury and assessment personnel shall be appointed by the local
chief executive in the city or municipality in accordance with existing
laws.
Sec. 9. The Authority, the Council, the Chairman
of the Council, and the Metropolitan Manager shall be under the direct
supervision of the President of the Philippines. The President shall
have the power to revoke, amend or modify any rule, resolution or act
of the Authority, the Council, the Chairman of the Council, and the
Metropolitan Manager.
The President shall continue to exercise administrative disciplinary
jurisdiction over the elective City and Municipal officials in the
Metropolitan Manila.
Sec. 10. To enable the President of the
Philippines to assess the performance of the Authority and the
management system of Metropolitan Manila, the Authority shall undertake
a periodic review of its functions, organizational structure, and
impact of its programs and projects at least once every year and submit
a special report thereof to the President with appropriate findings and
recommendations.
Sec. 11. To prevent disruption in the delivery of
basic urban services pending the full implementation of the Authority’s
organizational structure and staffing pattern, all officials and
employees of the Metropolitan Manila Commission including the incumbent
Commissioners who shall automatically become Deputy General Manager,
shall continue to exercise their duties and functions under the
direction of the Authority until they have been given notice for change
of duties and functions, transfer to another office or position, or
termination of service. Until otherwise provided by law, the Authority
shall be exempted from the coverage of Batas Pambansa Blg. 337, the
Local Government Code.
All assets and properties presently in use and/or under accountability
of the Metropolitan Manila Commission and all its obligations,
indebtedness or liabilities shall be transferred to the Authority
subject to the conditions that may be established by the Department of
Budget and Management, Office of the President and Commission on Audit.
Civil service laws and regulations pertinent to the displacement of
personnel affected by this Executive Order shall be strictly enforced.
Sec. 12. The Acting Governor of the Metropolitan
Manila shall supervise the transfer to the Authority of such subsisting
powers and functions, including the transfer of properties, assets and
liabilities, and personnel of the Metropolitan Manila Commission within
the period of sixty (60) days from the date of this Executive Order.
Upon the effectivity of this Executive Order, the Acting Governor shall
convene the mayors of the cities and municipalities comprising
Metropolitan Manila and shall preside the organizational meeting, which
shall include, among others, in its agency, and the election of the
Chairman of the Council. After the election of the Chairman of the
Council but within sixty (60) days referred to herein, the acting
Governor shall turn over the affairs of the Metropolitan Manila
Commission to the Council.
Sec. 13. This Executive Order shall take effect
upon approval and completion of its publication in at least two (2)
national newspapers of general circulation.
DONE in the City of Manila,
this 9th day of January, in the year of Our Lord, nineteen hundred and
ninety.
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Since 19.07.98.