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This page features the full text of
Republic Act No. 7924
AN
ACT CREATING THE METROPOLITAN MANILA DEVELOPMENT AUTHORITY, DEFINING
ITS
POWERS AND FUNCTIONS, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES.
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 Piñas, Malabon, Marikina, Navotas, Parañaque,
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.chan
robles virtual law library
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.chan
robles virtual law library
(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.
chanrobles virtuallaw libraryred
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.chan
robles virtual law library
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;chanrobles virtuallaw libraryred(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;
andchan
robles virtual law library
(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.chanrobles virtuallaw libraryred(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;chanrobles virtuallaw libraryred(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;chan
robles virtual law library
(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;chanrobles virtuallaw libraryred(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).
chanrobles virtuallaw libraryred
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.chan
robles virtual law library
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.chanrobles virtuallaw libraryred(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.
chanrobles virtuallaw libraryred
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.chan
robles virtual law library
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.
Approved:
March
1, 1995
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