QuestionsQuestions (EXECUTIVE ORDER NO. 392)
Executive Order No. 392 (Jan. 9, 1990) constituted the Metropolitan Manila Authority (the “Authority”).
It covered the four (4) cities of Manila, Quezon City, Pasay City, and Caloocan City, and thirteen (13) municipalities: Makati, Mandaluyong, San Juan, Las Piñas, Malabon, Navotas, Pasig, Pateros, Parañaque, Marikina, Muntinlupa, Taguig, and Valenzuela.
EO 392 cites Article X, Sections 11 and 13 of the 1987 Constitution and Article XVIII, Section 8, which allows the President to constitute a Metropolitan Authority composed of the heads of local government units until otherwise provided by Congress.
The Authority has jurisdiction over the delivery of basic urban services requiring coordination in Metropolitan Manila.
They include: 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 is subject to the approval of the Housing and Land Use Regulatory Board (HLURB).
It is governed by the Metropolitan Manila Council (the “Council”), composed of the mayors of the four cities and thirteen municipalities in Metropolitan Manila.
The Chairman is elected from among the Mayor-members of the Council and serves a term of six (6) months.
The Council is assisted by a professional Metropolitan General Manager and three Deputy General Managers appointed by the President. The Secretaries of Transportation and Communications, Public Works and Highways, and Budget and Management attend meetings as non-voting members.
The Council is responsible for: (1) formulating policies on the delivery of basic services requiring coordination/consolidation; and (2) promulgating resolutions and issuances of metropolitan-wide application, approving a code of basic services requiring coordination, and exercising rule-making powers.
The Metropolitan General Manager manages day-to-day operations, develops and implements programs consistent with Council policies, acts as head of technical/consultative/management staff, assists in preparing rules and plans and the basic services code, prepares required reports, and performs other functions as required by law, the Council, or the Chairman.
EO 392 states LGUs remain primarily responsible for their own political jurisdictions. The Authority addresses metropolitan-wide/common problems transcending local boundaries and integrates LGU plans with sectoral/regional plans through technical assistance, review of local legislation for consistency, and advisory guidance.
Yes. EO 392 requires the Authority to review legislation proposed by local legislative assemblies to ensure consistency among local governments and with the comprehensive development plan of Metropolitan Manila, and to advise LGUs accordingly.
The Authority must submit to the Department of Budget and Management its budget for annual operating expenses for inclusion in the general appropriations law.
City and municipal treasurers continue to collect revenues/receipts accruing to the Metropolitan Manila Commission and remit them to the Authority. Income collections and the Authority’s share from regular sources of revenue in the General Fund are treated as a trust fund, remittable within the first thirty (30) days after each month ends; failure without justifiable reason subjects responsible persons to existing legal penalties.
Officials and employees continue to exercise their duties and functions under the Authority’s direction to prevent disruption until changed by notice, transfer, or termination. Incumbent Commissioners automatically become Deputy General Managers. EO 392 also requires strict enforcement of civil service rules on displacement.
The Authority, Council, Chairman, and Metropolitan General Manager are under the direct supervision of the President. The President may revoke, amend, or modify any rule, resolution, or act, and continues administrative disciplinary jurisdiction over elective city and municipal officials in Metropolitan Manila.