HOUSE OF REPRESENTATIVES ;

Republic of the Philippines RECEIVED
HOUSE OF REPRESENTATIVES pave 30 JUN 2016
Quezon City cme’ Gade
SEVENTEENTH CONGRESS BY:

First Regular Session
REGISTRATION UNIT
BILLS AND INDEX SERVICE

HOUSE BILL NO. 650

INTRODUCED BY HONORABLE GAVINI “Apol” C. PANCHO

EXPLANATORY NOTE

it is the deciared policy of the State to ensure an improved quality of iife for ali
through continuing efforts to improve physical structures in our communities. This
underscores the fact that mere presence of infrastructure is not relevant if the
availability or accessibility of services to users is impeded due to congestion or
severe deterioration. More critically, the quality and efficiency of the existing
infrastructure must be examined because infrastructure’s actual contribution to
economic development is through improvement in the quality of life and its positive
effects on private sector output and productivity.

Efforts of the State therefore to protect public health and safety, particularly of
our pedestrians, should always be integrated in the policies and plans of our national
and local governments. This includes making sure that our public structures like
pedestrian overpasses provide for the safety, convenience, visibility, shelter and
shade, attractive and clean environment for pedestrians.

Currently there is no national legislation to address this important concern.
This bill seeks to address this need and help guarantee that our pedestrians will not
only become safe from vehicular traffic, but also from inclement weather and other
hazards and nuances to improve the general quality of life of our citizens.

With this purpose in mind, the immediate approval of this bill is strongly
requested.

Represet
2" Distriét, Bulacan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘SEVENTEENTH CONGRESS
First Regular Session

House BILL No_650

INTRODUCED BY HONORABLE GAVINI “Apol” C. PANCHO

AN ACT REQUIRING ALL PEDESTRIAN OVERPASSES TO BE MADE CLIMATE
CHANGE FRIENDLY, AND PROVIDING PENALTY FOR VIOLATION THEREOF;

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

SECTION 1. Short Title. -- This Act shall be known as “Pedestrian Overpass
Act of 2014”.

SECTION 2. Declaration of Policy. It is hereby declared that:

The State shall pursue a policy fo protect and promote the rights of the people
to health, a balanced and healthful ecology and instill health consciousness among
them. It shall pursue a policy of sustainable development, balancing progress, the
protection of the environment, and the health and welfare of its people. This includes
recognizing the mandate of the State provide public structures to protect the welfare
and safety of the commuting public, ait road users and pedestrians from ail road
hazards and inclemency of weather.

Towards this end, the State shall require that all pedestrian overpasses shall
be properly constructed to address protection of the public from inclement weather
and guarantee the safety of pedestrians using the facility.

SECTION 3. Definition of Terms.

“Approved Budget for the Contract’ refers to the budget for the contract
duly approved by the Sanggunian in the case of LGUs. “Approved Budget for the
Contract’, and “Approved Budget” shaill have the same meaning and shall be used
interchangeably.

"DPWH" means the Department of Public Works and Highways which
maintains exclusive control over national RROWs.


“Intersections” are common surface areas or spaces shared by two (2) or
more national RROWs, similar ROWs or legal easements or a mix of such public
spaces, which form part of the public domain.

“IRR” means the implementing Rules and Regulations.

“LGU" means the Local Government Unit (LGU) as defined under RA. No.
7160, otherwise known as the 1990 Local Government Code.

“Lighting System" means the luminaries/ complete lighting units, power
source and connections, controls and all support structures/ devices that ensure the
continuous illumination of a display.

“Pedestrian” shall mean any person who is afoot or who is using a
wheelchair, roller skates, skateboards or a means of conveyance propelled by
human power other than a bicycte.

“Pedestrian Overpass” means any portion of a roadway, designated by by-
law of @ municipality, at an intersection or elsewhere, distinctly indicated for
pedestrian crossing by signs on the highway and lines or other markings on the
surface of the roadway as prescribed by the regulations;

SECTION 4. Scope. This Act shall cover all existing overpasses found in
municipalities and cities in the country.

SECTION 5. Regulation of Pedestrian Overpasses. Existing pedestrian
overpasses shail be modified and rehabilitated according to the requirements of this
Act. Likewise the Approved Budget for the Contract of pedestrian overpasses that
will be erected, modified, rehabilitated or otherwise altered from the date of
implementation of this Act shall include expenses for strict compliance with the
following requirements:

@) Sufficient Lighting. All parts of pedestrian overpasses shall have
sufficient light to insure safety and protection of life and property. The average light
intensity measured at floor level shall be not less than 200 LUX.

b) Shade and Shelter. Pedestrian overpasses including its stairways
shall be designed to ensure that pedestrians will be secured against displacement by
wind forces, rain and exposure to heat of the sun.

c) _ Safety. Railways and other safety features including appropriate
signage, visibility, angle of inclination of stairways, and barriers shall be mandatory in
the design of all pedestrian overpasses.

SECTION 6. Responsibility for Administration and Enforcement. it shall
be the primary duty of the DPWH and LGUs, in collaboration with the Professional
Regulatory Boards (PRBs) of Architecture and Environmental Planning to effectively
enforce the provisions of this Act. All duly constituted law enforcement agencies and
officers of national, provincial, city or municipal government or of any political


subdivision thereof, shall, upon the call or request of the DPWH, render unqualified/
unconditional assistance in enforcing the provisions of this Act and to prosecute any
person violating the provisions of the same. The Secretary of Justice or his duly
designated representative shall act as legal adviser to the DPWH and shall render
legal assistance as may be necessary in carrying out the provisions of this Act.

SECTION 7. Appropriation. The initial funding required for the
implementation of this Act shall be sourced from the savings of the Executive Branch
of the government and other possible sources that may be determined by the Office
of the President, and subsequent funds needed shall be included in the General
Appropriations Act for the year following the implementation of this Act.

SECTION 8. Implementing Rules and Regulations. Within ninety (90) days
after the effectivity of this Act, the DPWH, in full consultation with the Professional
Regulatory Boards (PRBs) of Architecture and Environmental Planning under the
PRC, and with the PRC-Accredited Professional Organizations (APOs) of Architects
and Environmental Planners, and in coordination with other agencies of the national
and local governments, shall adopt and promulgate such rules and regulations, to
carry out the provisions of this Act and which shall be effective fifteen (I5) days
following their publication in the Official Gazette or in two (2) major daily newspapers
of general circulation.

SECTION 9. Separability Clause. If for any reason, any provision of part
hereof is declared invalid, the other provisions not affected thereby shall remain in
full force and effect.

SECTION 10. Repealing Clause. - Any provision of the law, presidential
decree, executive orders, rules and regulations contrary to the provision of this Act is
hereby repealed, amended or modified accordingly.

‘SECTION 11. Effectivity. — This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in at least two (2) newspapers of
general circulation, whichever comes earlier.

Approved,