Republic Act No. 11932: An act creating the metropolitan baguio city, la trinidad, itogon, sablan, tuba, and tublay development authority (mblisttda), 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. 11932, July 30, 2022 ]

AN ACT CREATING THE METROPOLITAN BAGUIO CITY, LA TRINIDAD, ITOGON, SABLAN, TUBA, AND TUBLAY DEVELOPMENT AUTHORITY (MBLISTTDA), 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

Declaration of Policy. It is hereby declared the policy of the State to pursue the acceleration of social, economic, and political development of local government units (LGUs) and their communities through the creation of special development and administrative areas that will ensure the efficient and effective planning, supervision, and coordination of essential basic services, without prejudice to the autonomy of the LGUs concerned.

Section 2

Creation and Mandate of the Metropolitan Baguio City, La Trinidad, Itogon, Sablan, Tuba, and Tublay Development Authority (MBLISTTDA). There is hereby created a government instrumentality to be named as the Metropolitan Baguio City, La Trinidad, Itogon, Sablan, Tuba, and Tublay Development Authority, hereinafter referred to as MBLISTTDA, which shall administer a special development and administrative area embracing the City of Baguio and the municipalities of La Trinidad, Itogon, Sablan, Tuba, and Tublay. The MBLISTTDA shall be under the administrative supervision of the Office of the President of the Philippines.

The MBLISTTDA shall serve as the platform for the acceleration of the social, economic, and political developments in the area as a unified management unit by enabling the component LGUs to respond to common developmental challenges through unified, effective, and economically efficient programs and undertakings. The MBLISTTDA shall perform planning, monitoring, and coordinative functions. It shall exercise regulatory and supervisory authority over the delivery of area-wide services within the jurisdictions of the concerned city and municipalities without diminution of the autonomy of the LGUs concerning purely local matters.

Section 3. Scope of MBLISTTDA Services

The MBLISTTDA shall provide services that shall take into consideration the needs of the population within the territory of the LGUs concerned. These services shall include the following:

(a)Development Planning and Preparation of Medium- and Long-Term Development Plans. These shall cover evaluation and packaging of development projects; investments programming and coordination; and monitoring of program and project implementation; (b)Urban Renewal, Land Use Planning, and Housing and Shelter. These shall cover formulation, adoption and implementation of policies, standards, programs, and projects to rationalize and optimize urban land use, taking into consideration urban growth and expansion. These activities shall address the rehabilitation and development of identified areas and the development of shelter and housing facilities with provisions for necessary social services; (c)Transport and Traffic Management. These shall cover formulation, coordination, and monitoring of policies, standards, and programs that will rationalize the existing transport operations, infrastructure requirements, use of thoroughfares, and promotion of safe and convenient movement of persons and goods. These activities shall include the administration and implementation of traffic enforcement operations, traffic engineering services, and the institution of a single ticketing system; (d)Solid Waste Disposal and Management. This shall cover formulation and implementation of policies, programs, and projects for the proper and sanitary disposal of solid waste. It shall likewise include the establishment and operation of a sanitary landfill, waste to energy projects, eco-composting facility (ECR) and related facilities, and the implementation of other alternative programs intended to reduce, reuse, and recycle solid waste; (e)Flood Control and Sewerage Management. This shall cover formulation and implementation of policies, standards, programs, and projects for an integrated flood control and drainage system; (f)Water Resource Management System. This shall cover formulation and implementation of policies, programs, and projects for a comprehensive water resource system which shall include the establishment and operation of water source development, treatment, distribution, and sewerage system facilities; (g)Health, Sanitation, and Pollution Control. This shall cover formulation and implementation of policies, standards, and programs to safeguard public health and maintain sanitation. It shall ensure the promotion of ecological balance and the prevention and control of environmental pollution; (h)Public Safety and Order. This shall cover formulation and implementation of programs, policies, and procedures to maintain public safety, including preparedness for preventive or rescue operations during times of calamities and disasters, including the implementation of contingency plans and mobilization of resources for relief operations in coordination with national agencies concerned; and (i)Tourism. This shall cover formulation and implementation of policies, programs, and projects for the promotion of tourism in the entire MBLISTT area.

Section 4. MBLISTTDA Council

There shall be a Metropolitan Baguio, La Trinidad, Itogon, Sablan, Tuba, and Tublay (MBLISTT) Council, hereinafter referred to as the Council, which shall serve as the governing board and policy-making body of MBLISTTDA. The Council shall be composed of the Governor of the Province of Benguet and the Mayors of the City of Baguio and the municipalities of La Trinidad, Itogon, Sablan, Tuba, and Tublay, asex officiovoting members.

The Council shall be composed of the followingex officionon-voting members:

(a)the Vice Mayors of Metropolitan Baguio City and the municipalities of La Trinidad, Itogon, Sablan, Tuba, and Tublay;

(b)the duly authorized representatives of the National Economic and Development Authority (NEDA), Department of Transportation (DOTr), Department of Public Works and Highways (DPWH), Department of Tourism (DOT), Department of Information and Communications Technology (DICT), Department of Budget and Management (DBM), Department of Human Settlements and Urban Development (DHSUD), National Commission on Indigenous Peoples (NCIP), Department of Trade and Industry (DTI), Department of Agriculture (DA), Department of Environment and Natural Resources (DENR), Department of Science and Technology (DOST), Commission on Higher Education (CHED), Philippine National Police (PNP); and (c) two (2) representatives from the private sector to be appointed by the Council.

The Council shall be headed by a Chairman who shall (a) be elected from among the regular members; and (b) preside over the meetings of the Council.

In addition to the council members, there shall be an Administrator who shall (a) be appointed by the President of the Philippines from a list of nominees submitted by the Council;

(b)serve for a term of six (6) years;

(c)continue to hold office at the discretion of the appointing authority;

(d)be vested with the rank, rights, privileges, disqualifications, and prohibitions of an Assistant Secretary; and (e)actas the Chief Executive Officer of the MBLISTTDA.

The Administrator and the members of the Council, exceptex officiomembers, are entitled to allowances andper diemsin accordance with existing policies, rules, and regulations on the matter.

Section 5. Powers and Functions of the MBLISTTDA

The MBLISTTDA shall exercise the following powers and functions:

(a)Formulate, coordinate, and regulate the implementation of medium- and long-term plans and programs for the delivery of services, land use, and physical development within MBLISTT, consistent with national development objectives and priorities. The medium-term investment programs for MBLISTT-wide services shall indicate sources and allocation of funds for priority programs and projects; (b)Undertake and manage its programs and projects for the delivery of specific services under its jurisdiction, subject to the approval of the Council. For this purpose, the MBLISTTDA shall create appropriate project management offices; (c)Coordinate and monitor the implementation of such plans, programs, and projects in the City of Baguio and component municipalities; identify bottlenecks and adopt solutions to problems of implementation; (d)Set policies concerning traffic and coordinate and regulate the implementation of all programs and projects concerning traffic management. It may seek assistance and cooperation, including assignment of personnel, from other government agencies concerned, if necessary. Install and administer a single ticketing system, fix, impose, and collect fines and penalties for all kinds of violations of traffic rules and regulations. The MBLISTTDA shall enforce all traffic laws and regulations in the MBLISTT area through its Traffic Operation Center; (e)Enter into contract and own properties; receive funding, payments, grants, contributions, and donations; (f)Sue and be sued in order to carry out its duties and functions as provided for in thisAct; and (g)Perform other related functions required to achieve the objectives of the MBLISTTDA, including the undertaking of delivery of basic services to the LGUs when deemed necessary subject to prior coordination with and consent of the LGU concerned.

Section 6. Functions of the MBLISTTDA Council

The Council shall perform the following functions:

(a)Exercise the policy-making power of the MBLISTTDA; (b)Approve plans, programs, and projects and issue rules and regulations deemed necessary by the MBLISTTDA to carry out the purposes of thisAct; (c)Fix the compensation of the officers and personnel of the MBLISTTDA in accordance with the Salary Standardization Law and approve the annual budget thereof for submission to the DBM; (d)Recommend investment programming for its plans and programs, as well as supervise the implementation of plans and programs which includes the formulation and coordination of its related activities; (e)Set policies and standards, and promulgate rules and regulations governing the delivery of basic services; (f)Endorse the annual as well as the supplemental budgets of the MBLISTTDA; and (g)Perform such otheractsand assume such other functions as may be necessary to carry out the provisions of thisAct.

Section 7. Functions of the MBLISTTDA Administrator

The MBLISTTDA Administrator shall:

(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 Administrator is hereby authorized to engage the services of experts or consultants either on full-time or part-time basis, as may be required in the performance of the Administrator's duties and functions; (b)Execute the policies and measures approved by the Council and be responsible for the efficient and effective day-to-day management of the operations of the MBLISTTDA, and exercise the power to discipline subordinate officials and employees under the provisions of law; (c)Subject to the guidelines and policies set by the Council, prepare and submit to the Council, for its approval, the organizational structure and the staffing pattern, and fix thenumberof subordinate officials and employees of the MBLISTTDA in accordance with civil service laws, rules and regulations, and the evaluation and approval of the DBM; (d)Prepare the annual budget for the operations of the MBLISTTDA for submission to the Council; (e)Prepare an annual report on the accomplishments of the MBLISTTDA for submission to the Council and to the President of the Philippines; and (f)Perform such other duties as may be assigned by the President of the Philippines or by the Council.

Section 8. The Senior Managers

The Administrator shall be assisted by a Senior Manager for Operations, a Senior Manager for Planning, and a Senior Manager for Finance and Administration, all of whom are appointees of the President of the Philippines, as recommended by the Administrator and Council, subject to civil service laws, rules and regulations. They shall enjoy security of tenure unless removed for cause in accordance with law.

A.The Senior Manager for Operations shall have the following functions:
(1)Assist the Administrator in the administration of the MBLISTTDA and supervision of subordinate personnel; (2)Assist the Administrator in the supervision of operation centers and units of the MBLISTTDA; (3)Assist the Administrator in the review of plans and programs for the MBLISTTDA and the LGUs, and in the preparation of the annual report of the activities and accomplishments of the MBLISTTDA; and (4)Perform such other duties and functions as may be lawfully delegated or assigned by the Administrator from time to time. B.The Senior Manager for Planning shall possess not less than five (5) years extensive experience in development and planning or a master's degree in Urban Planning or related discipline, and shall have the following functions:
(1)Provide technical assistance to the Administrator; (2)Assist in the crafting and formulation of medium- and long-term development plan; and (3)Perform other functions as delegated by the Administrator. C.The Senior Manager for Finance and Administration shall perform the following functions:
(1)Assist in the preparation of the MBLISTTDA annual budget; (2)Assist in the preparation of medium- and long-term investment program for the delivery of social services; (3)Assist in the preparation of budgetary expenditure and sources of financing programs for the operation of MBLISTTDA; and (4)Perform other functions as may be delegated by the Administrator.

Section 9. Institutional Linkages

The MBLISTTDA shall, in carrying out its functions, consult, coordinate, and work closely with the public and private institutions, accredited people's organizations and nongovernmental organizations operating in the MBLISTT area.

The MBLISTTDA shall formulate a master plan to serve as the framework for the development of the MBLISTT area. It 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.

The MBLISTTDA shall, in coordination with the NEDA and the Department of Finance (DOF), interface with foreign assistance agencies for purposes of obtaining financial support, grants, and donations in support of its programs and projects.

Section 10. Sources of Funds and the Operating Budget of the MBLISTTDA

(a)The amount necessary for the operating budget of the MBLISTTDA shall be included in the annual General AppropriationsAct. (b)The MBLISTTDA is empowered to levy fines and impose fees and charges for various services rendered. (c)The operations of the MBLISTTDA shall likewise be supported through financial contributions or technical assistance from member LGUs, nongovernment agencies (NGAs) and government-owned and -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.

Section 11. Inclusion in the MBLISTTDA

Adjoining LGUs that opt to be included in the MBLISTTDA shall be allowed:Provided, That a Sanggunian Resolution for the purpose has been passed and duly approved:Provided, further, That there shall be a concurrence from the MBLISTTDA Council.

Section 12

Implementing Rules and Regulations. Within ninety (90) days from the approval of thisAct, the MBLISTT Council shall promulgate the necessary rules and regulations for the implementation of thisAct.

Section 13

Separability Clause. If any part or provision of thisActis held unconstitutional or invalid, other parts or provisions hereof which are not affected shall continue to remain in full force and effect.

Section 14

Repealing Clause. All laws, decrees, executive orders, rules and regulations, or parts or provisions thereof which are not consistent with thisActare hereby repealed, amended or modified accordingly.

Section 15

Effectivity. ThisActshall take effect fifteen (15) days after its publication in theOfficial Gazetteor in a newspaper of general circulation.

Approved,

| (SGD.)VICENTE C. SOTTO III President of the Senate | (SGD.)LORD ALAN JAY Q. VELASCO Speaker of the House of Representatives |

This Act which originated in the House of Representatives was passed by the House of Representatives and the Senate of the Philippines on May 31, 2022.

MYRA MARIE D. VILLARICA

Secretary of the Senate

MARK LLANDRO L. MENDOZA

Secretary General House of Representatives

Approved: Lapsed into law on JUL 30 2022 without the signature of the President, in accordance with Article VI Section 27 (1) of the Constitution.

RODRIGO ROA DUTERTE

President of the Philippines

For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.

In plain language