AN ACT CREATING THE METROPOLITAN DAVAO DEVELOPMENT AUTHORITY, DEFINING ITS POWERS AND FUNCTIONS, AND PROVIDING FUNDS THEREFOR

Eighteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand twenty one.

[ REPUBLIC ACT NO. 11708, April 13, 2022 ]

AN ACT CREATING THE METROPOLITAN DAVAO DEVELOPMENT AUTHORITY, DEFINING ITS POWERS AND FUNCTIONS, AND PROVIDING FUNDS THEREFOR

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

Section 1. Short Title. - This Act shall be known as the “Metropolitan Davao Development Authority Act”.

Section 2. Declaration of Policy. - It is hereby declared the policy of the State to adopt a national dispersion through regional agglomeration strategy to revitalize large cities and eventually stir them to expand their physical areas for planning as well as their service areas for urban service delivery.

Considering the rapid urbanization of Davao City and the increasing population of the cities of Panabo, Tagum, and the Island Garden City of Samal (IgaCoS), in Davao del Norte; the City of Digos in Davao del Sur; and the City of Mati in Davao Oriental, and the spatial, functional, and economic interdependence of these cities with the municipalities of Sta. Cruz, Hagonoy, Padaa, Malalag, andSulop in Davao del Sur, Carmen in Davao del Norte, Maco in Davao de Oro, and Malita and Sta. Maria in Davao Occidental, it is likewise hereby declared the policy of the State to consider these local government units (LGUs) as a special development and administrative region, to be known as Metropolitan Davao.

Section 3. Creation of the Metropolitan Davao Development Authority. - There is hereby created a special body to be known as the Metropolitan Davao Development Authority, hereinafter referred to as “MDDA”, which shall be organized within thirty (30) days after the approval of this Act, to coordinate and promote socioeconomic growth and sustainable development of Metropolitan Davao.

The MDDA shall execute the powers and functions herein vested which shall, however, in no way diminish the autonomy of the LGUs of Metropolitan Davao concerning purely local matters, within framework and subject to the mandate and limitations of the Constitution and the pertinent provisions of Republic Act No.7160, otherwise known as the “Local Government Code of 1991”.

Section 4. Jurisdiction of the Metropolitan Davao Development Authority. - For the purposes of this Act, the MDDA shall have jurisdiction over Davao City; the cities of Panabo, Tagum, and the IGaCoS in Davao del Norte; the City of Digos in Davao del Sur; the City of Mati in Davao Oriental; and the municipalities of Sta. Cruz, Hagonoy, Padada, Malalag, and Sulop in Davao del Sur, Carmen in Davao del Norte, Maco in Davao de Oro, and Malita and Sta. Maria in Davao Occidental, and such other cities and municipalities as shall be created in the future within these LGUs as provided by law.

Section 5. Scope of the Metropolitan Davao Development Authority. - The services of the MDDA are delivered across boundaries to multiple and often interdependent political entities whose activities impact each other significantly, and entail huge expenditures such that it would not be viable for said services to be provided by the individual LGUs. These services shall include:

Section 6. Functions of the Metropolitan Davao Development Authority. - The MDDA shall exercise the following functions:

Section 7. Metropolitan Davao Development Council. - The governing board and the policy-making body of the MDDA shall be the Metropolitan Davao Development Council, herein referred to as the Council, which 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, IgaCoS, and Panabo; and the municipal mayors of Carmen, Sta. Cruz, Hagonoy, Padada, Malalag, Sulop, Maco, Malita, and Sta. Maria, who shall all serve as an ex officio capacity. 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 the following Davao regional offices of national government agencies shall attend all meetings of the Council as non-voting members: National Economic and Development Authority (NEDA); Department of Human Settlements and Urban Development (DHSUD); Department of Public Works and Highways (DPWH), Department of the Interior and Local Government (DILG), Department of Environment and Natural Resources (DENR), Department of Health (DOH); Department of Information and Communications Technology (DICT), Department of Energy (DOE), Department of Tourism (DOT), Department of Transportation (DOTr); Land Transportation Office (LTO), and Philippine National Police (PNP).

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 on the matter.

Section 8. Functions of the Metropolitan Davao Development Council. - The Council, as the policy-making body of the MDDA, shall exercise the following functions:

Section 9. Effectivity of Ordinances and Resolutions. -

Section 10. Functions of the Chairperson of the Council. - The Chairperson of the Council, herein referred to as the Chairperson, shall exercise the following functions:

The Chairperson, as head of the implementing arm of the MDDA, shall be assisted by a General Manager, an Assistant General Manager for Finance and Administration, an Assistant General Manager for Planning, and an Assistant General Manager for Operations, all of whom shall be appointed by the President of the Philippines upon the recommendation of majority of the Council, subject to civil service laws, rules and regulations. These officials shall enjoy security of tenure and may be removed only for cause in accordance with law.

The Assistant General Manager for Planning must have at least five (5) years extensive experience in development and planning or must hold a Master's degree in urban planning or similar disciplines.

Section 11. Functions of the General Manager. - The General Manager shall exercise the following functions:

Section 12. Institutional Linkages of the MDDA. - The MDDA shall, in carrying out its functions, 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 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. For this purpose, 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 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.

Section 13. Metropolitan Davao Police District. - There is hereby established a police body to be known as the Metropolitan Davao Police District (MDPD). 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:

Section 14. Sources of Funds and Operating Budget of the MDDA. - 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.

In case of grants, in cash or in kind, from foreign governments or their agencies and instrumentalities, or multilateral institutions or organizations, acceptance thereof 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. In case of donations, in cash or in kind, from foreign governments, acceptance thereof 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 likewise 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.

Section 15. Implementing Rules and Regulations. - 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.

Section 16. Separability Clause. - 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.

Section 17. Repealing Clause. - 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 amended, repealed, amended or modified accordingly.

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

Approved, 

This Act which originated in the House of Representatives was passed by the House of Representatives on March 25, 2021, amended by the Senate of the Philippines on January 17, 2022, and which amendments were concurred in by the House of Representatives on January 31, 2022.

Approved: APR 13 2022

(SGD.) RODRIGO ROA DUTERTE
President of the Philippines