Creation and Powers of Metropolitan Manila Authority

Founding basis and declared constitutional intent

Presidential Decree No. 824, as amended formed a public corporation known as Metropolitan Manila from the covered cities and municipalities and placed it under the administration of the Metropolitan Manila Commission.
Article X, Section 11 of the Constitution limits the jurisdiction of a created metropolitan authority to basic services requiring coordination while preserving the component units’ basic autonomy.
Article X, Section 13 of the Constitution allows local government units to group, consolidate, or coordinate efforts, services, and resources for purposes commonly beneficial to them in accordance with law.
Article XVIII, Section 8 of the Constitution authorizes the President, until otherwise provided by Congress, to constitute the Metropolitan Authority composed of the heads of local government units in the Metropolitan Manila area.
Executive Order No. 392 is designed to meet the need for urgent interim devolution so metropolitan-wide delivery of basic urban services requiring coordination can proceed cohesively.

Coverage: area and coordinated basic services

Section 1 constitutes the Metropolitan Manila Authority (the Authority) comprising the heads of the four (4) cities and thirteen (13) municipalities of Metropolitan Manila.
The covered area consists of the cities and municipalities that make up Metropolitan Manila as previously organized under Presidential Decree No. 824, as amended (including the cities of Manila, Quezon, Pasay, and Caloocan and the municipalities of Makati, Mandaluyong, San Juan, Las Pinas, Malabon, Navotas, Pasig, Pateros, Paranaque, Marikina, Muntinlupa, Taguig, and Valenzuela).
Section 1 gives the Authority jurisdiction over the delivery of basic urban services requiring coordination in Metropolitan Manila.
The basic urban services 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.
Section 1 provides that any change in the classification of zoning is subject to the approval of the Housing and Land Use Regulatory Board (HLURB).

Authority creation, governance, and participation

Section 2 provides that the Authority is governed by the Metropolitan Manila Council (the Council).
The Council is composed of the Mayors of the four (4) cities and thirteen (13) municipalities of Metropolitan Manila.
Section 2 provides that the Chairman is elected from among the Mayor members to serve for 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 of the Philippines.
Section 2 requires the Secretaries of Transportation and Communications, Public Works and Highways, and Budget and Management to attend all Council meetings as non-voting members.
Section 2 grants Council members one (1) vote each, and directs the Council to establish the necessary technical, consultative and secretariat support.

Council policymaking and rule-making powers

Section 2 tasks the Council to formulate policies on the delivery of basic services requiring coordination or consolidation for the operations of the Authority.
Section 2 tasks the Council to promulgate resolutions and other issuances of metropolitan-wide application.
Section 2 tasks the Council to approve a code of basic services requiring coordination.
Section 2 tasks the Council with the exercise of its rule-making powers.
Section 2 requires the Council to conduct its governance through a vote of its Mayor members, with mandated attendance by the named department heads as non-voting participants.

Devolution from the Metropolitan Manila Commission

Section 3 requires the Metropolitan Manila Commission to devolve to the Authority all powers and functions not otherwise inconsistent with the Constitution and existing laws for carrying out the mandate to deliver coordinated or consolidated basic urban services.
Section 11 provides that incumbent Commission officials and employees continue their duties under the Authority to prevent disruption until formal change actions are issued.

Chairman and General Manager functions

Section 4 requires the Chairman to call and preside at meetings of the Council.
Section 4 requires the Chairman to present for Council approval the annual budget of the Authority.
Section 4 requires the Chairman to submit for Council and Presidential approval the organizational structure and staffing pattern of the Authority.
Section 4 requires the Chairman to present for Council approval, after consultation with local government units and appropriate government entities, the annual operations plan, proposed policies and programs, revenue-raising measures and proposals, draft rules and regulations, and other plans and projects necessary to carry out the Executive Order that require Council approval.
Section 4 requires the Chairman to submit to the Council and the President annual reports and evaluation of programs and projects.
Section 4 authorizes the Chairman to recommend to the President and Congress, with Council approval, measures that improve the quality of life or introduce services not covered by the Executive Order that are necessary for the betterment of Metropolitan Manila.
Section 4 requires the Chairman to recommend to national policy-making bodies implementation of plans and programs that conform to the regional development plan.
Section 4 authorizes the Chairman to perform other functions required by law, the President, or the Council consistent with the Executive Order.
Section 5 gives the Metropolitan General Manager authority to manage the day-to-day operations of the Authority.
Section 5 requires the General Manager to develop programs and implement projects along Council policies and to assist the Chairman in management and operations.
Section 5 makes the General Manager the head of the Authority’s technical, consultative and management staff.
Section 5 requires assistance to the Chairman and Council in preparing rules and regulations, the comprehensive development plan, the operations plan and appropriation measure, the basic services code, and other necessary measures to attain Executive Order objectives.
Section 5 requires the General Manager to prepare annual and other reports required by the Executive Order for approval of the Chairman.
Section 5 requires performance of other functions required by law, the Council, or the Chairman.

Relationship with local governments and planning integration

Section 6 provides that local government units remain primarily responsible for administering their respective political jurisdictions.
Section 6 requires the Authority to attend to metropolitan-wide and/or common problems, including those transcending local boundaries.
Section 6 requires local city and municipal councils to formulate and submit city/municipal plans and priorities to the Authority for integration with sectoral and regional plans.
Section 6 requires the Authority to provide technical assistance and guidance for preparing local development plans and programs to ensure conformity with the regional plan.
Section 6 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 local governments accordingly.

Budgeting, revenues, trust-fund treatment, and transfer of funds

Section 7 requires the Authority to submit to the Department of Budget and Management the budget for its annual operating expenses for inclusion in the general appropriations law.
Section 7 provides that city and municipal treasurers continue to collect revenues and receipts accruing to the Metropolitan Manila Commission and remit them to the Authority.
Section 7 requires that income collections and the Authority’s share from the regular sources of revenue in the General Fund of each city or municipality as local counterpart for integrated basic services and developmental projects are treated as a trust fund in the local accounting records.
Section 7 requires remittances to be made within the first thirty (30) days following the end of each month.
Section 7 imposes penalties and sanctions under existing laws for failure to remit within the prescribed period without justifiable reason, and authorizes the Council to conduct an inquiry into the cause of delay.
Section 7 provides that all sources of revenues of the Metropolitan Manila Commission remain valid and in effect and pertain henceforth to the Authority.

Appointments, presidential control, and supervision

Section 8 provides that all city and municipal treasurers, municipal assessors, their assistants, and all other officials whose appointment is vested upon the Metropolitan Manila Commission are appointed by the President of the Philippines upon recommendation of the Council, subject to the Civil Service law, rules and regulations.
Section 8 provides that other treasury and assessment personnel are appointed by the local chief executive in the city or municipality in accordance with existing laws.
Section 9 provides that the Authority, the Council, the Chairman, and the Metropolitan Manager are under the direct supervision of the President of the Philippines.
Section 9 grants the President the power to revoke, amend, or modify any rule, resolution, or act of the Authority, the Council, the Chairman, or the Metropolitan Manager.
Section 9 provides that the President continues to exercise administrative disciplinary jurisdiction over the elective city and municipal officials in Metropolitan Manila.
Section 10 requires the Authority to undertake a periodic review of its functions, organizational structure, and the impact of its programs and projects at least once every year, and to submit a special report to the President with appropriate findings and recommendations.

Transitional continuity and exemption from Local Government Code

Section 11 provides that officials and employees of the Metropolitan Manila Commission, including incumbent Commissioners who automatically become Deputy General Manager, continue to exercise duties and functions under the Authority until given notice for change of duties and functions, transfer, or termination of service.
Section 11 exempts the Authority from the coverage of Batas Pambansa Blg. 337, the Local Government Code, until otherwise provided by law.
Section 11 requires transfer to the Authority of all assets and properties presently in use and/or under accountability of the Metropolitan Manila Commission and all its obligations, indebtedness, or liabilities, subject to conditions established by the Department of Budget and Management, Office of the President, and Commission on Audit.
Section 11 requires that civil service laws and regulations on displacement of personnel affected by the Executive Order are strictly enforced.

Turnover schedule from Acting Governor

Section 12 directs the Acting Governor of the Metropolitan Manila to supervise the transfer to the Authority of subsisting powers and functions, including the transfer of properties, assets and liabilities, and personnel of the Metropolitan Manila Commission within sixty (60) days from January 09, 1990 (the date of the Executive Order).
Section 12 provides that upon the effectivity of the Executive Order, the Acting Governor shall convene the mayors of the cities and municipalities comprising Metropolitan Manila and preside at its organizational meeting.
Section 12 requires the organizational meeting agenda to include, among others, the election of the Chairman of the Council.
Section 12 provides that after the election of the Chairman of the Council but within the sixty (60) days period, the Acting Governor shall turn over the affairs of the Metropolitan Manila Commission to the Council.