LE EPRESS

* RECEIVED

Republic of the Philippines
HOUSE OF REPRESENTATIVE:
Quezon City

x
DZ

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. _1287

Introduced by HONORABLE LUIS RAYMUND F. VILLAFUERTE, JR.

EXPLANATORY NOTE

The Philippines has a streetscape unfriendly to pedestrians. Streets from one
district to the other, one city to another, do not align, rendering sidewalks non-
existent in most places. People prefer to travel in vehicles than to brave the
dangerous streets. The persistent heat, and ill-made sidewalks discourage even the
most ardent of pedestrians. Long and even short distance walking is something to
avoid at all costs. Vehicular traffic, unpredictable weather patterns, and unsafe
sidewalks all make for a metropolis with a pedestrian problem experienced daily.

A partial solution to this problem is elevated walkways. A network of them
is a proven and effective response to overcrowding and urban chaos. ' Although its
primary purpose is to encourage pedestrianization, these systems are attractive to
city planners and business leaders because it concentrates transit, real estate, and
commercial value in a city. It furthers concepts of inclusive mobility and is an
alternative form of transport for commuters. Furthermore, these systems expand
incrementally according to private and public interest without turning into an
obstacle for other interests.

In effect, elevated walkways in European and American cities have
become a common fixture, separating pedestrians from the travails of
vehicular

Rotmeyer J.. "Can Elevated Pedestrian Walkways be Sustainable?" The Sustainable City IV: Urban
Regeneration and Sustainability, (Hong Kong, People’s Republic of China: University of Hong Kong,
2006), p. 293-302. Retrieved from:

http://www. witpress.com/Secure/elibrary/papers/SC06/SCO6028FU I .pdf

2 Yoos, Jennifer & James, Vincent. "The Multilevel Metropolis." Places Journal. (www.placesjournal.org,
May 2016). Retrieved from https://placesjournal.org/article/multilevel-metropolis-urban-skyways/



traffic. ’ Over 80 U.S. cities use them in their infrastructure.’ Small-scale use is
also exemplified in Manchester Airport's "Skylink," an aerial walkway that
connects the airport to nearby railway stations.’ While many studies on walkways
have been done regarding the western experience of pedestrianization, very few
deal with walkways in tropical countries. ° However, elevated walkways are proven
effective in Hong Kong and Makati.

In Hong Kong, aerial pedestrian walkways were built in response to
overcrowding and as a means of maintaining a functional public space. ’ The
elevated network links commercial and public spaces together to form a complete
pedestrian infrastructure. Its network is especially noteworthy for preventing the
decay of its ground level streets by ensuring the upper level pedestrian network is
well connected to it and allowing business outlets to permeate both. * With 6,100
persons per square kilometer, Hong Kong's high population density benefits from
and sustains the port city's elevated walkway system.

In Makati, its walkway system too has proven effective in easing urban
congestion. In a 2000 survey, where the elevated walkway plan was yet to be
completed, the walkways, and underpasses helped increase pedestrian traffic
volume by 200,000 on weekdays. Time travel along main roads where also
reduced into 7-10 minutes. ' The average travel distance covered by, pedestrians
on foot also significantly increased from 400 meters to 700 meters. '' In a 2009
survey, the people interviewed unanimously preferred passing the elevated
walkway due to convenience. The covered walkways reduced pedestrian travel
time since they need not wait to cross streets.

This re-filled version of the elevated walkways bill takes inspiration
from Senate Bill No. 01146 filed by Senator Grace L. Poe on 19 September
2016. The bill seeks to establish a network of sustainable elevated pedestrian
walkways

3 Rotmeyere J., Elevated Pedestrian Walkways, 298,
4

Ibid.

Transpennine Express," Manchester. Airport = Travel_—Links, Retrieved from:
hutps://www.tpexpress.co.uk/train-destinations/manchester-airporvtravel-links/

Galingan C. Z., Aleazaren G. P., Ramos C. G., & Santos B. R., "Pedestrian-Friendly Streetscape in a
‘Tropical Business District." Journal ofArchitecture, Landscape Architecture, and the Designed
Environment, (University of the Philippines College of Architecture, 2009), No. 3, p.9, Retrieved from:
hitp:/upca.upd.edu.ph/uploads/118/5/4/18549486/02_gal

ingan_pedestrianfriendly_streetscape_on_a tropical_business districtpdf . Rotmeyer J., Elevated
Pedestrian Walkways, 295. * Ibid, 298-299.

” Ibid, 300.

" Galingan C. Z. et al., Pedestrian-Friendly Streetscape, I.



Tan, Salvador. "Makati Central Business District Pedetrianization and Traffic Segre
Forum on Improving Pedestrian Facilities and Bikeways in Metro Manila, (Manila, Philippines: Asian
Development Bank, September 6, 2005), Retrieved from: _http://www.cleanaimet.org/caiasia/
1412/article69376.htm! (cited in Galinan C.Z. et al. Pedestrian Friendly Streetscape) 12 Galingan C. Z. et
al, Pedestrian-Friendly Streetscape, I.

along Epifanio de los Santos Avenue (EDSA) traversing Metro Manila and major
public thoroughfares in high-density urban areas. For an aerial walkway system
to succeed, it needs to be fully sustainable on all accounts: socially, economically
and environmentally. | Studies show that high density, connectivity, and quality
of life comprise the three topmost elements in maintaining a sustainable elevated
walkway system.

ion Projects”,

The ultimate goal is to create a safe, comfortable, well-connected quality,

of life above the ground (grade) level, reclaiming without killing the street. | °
Elevated walkways must be interlinked in a manner that connects pedestrian
movement to retail, residential, commercial, and business activities, as well as
adopt essential access points that facilitate pedestrian entry to and exit from
ground level walkways. Elevated walkways must make optimal use of densities
and cater to the largest percentage of people in a given area. Such a system must
also address safety, pollution, law enforcement activity, and social inclusion
(especially for PWDs), as well as consider right-of-way (ROW) and air rights
issues and legal easements.

To ensure the success and sustainability of aerial pedestrian walkways,
this bill sets forth important principles and standards that the implementing
agency, i.e. the Department of Public Works and Highways, must consider. These
include principles of connectivity, use of densities, temperature and climate
control, environmental sustainability, social inclusivity, right-of-way interfacing,
and good use of vertical access systems. The bill calls for the establishment of a
‘sustainable elevated walkway program’, which will include educational and
awareness programs on elevated walkway safety and use, health benefits, and
social and economic benefits of aerial walkways.

Immediate approval of this measure is earthly sought.

LUIS RAYMUND F. VILLAFUERTE, JR.

Republic of the Philippin

‘ Rotmeyer J., Elevated Pedestrian Walkways, 294,
Ibid,

301.

Ibid.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1287

Introduced by HONORABLE LUIS RAYMUND F. VILLAFUERTE, JR.

AN ACT ESTABLISHING A NETWORK OF SUSTAINABLE
ELEVATED PEDESTRIAN WALKWAYS ALONG EPIFANIO DE
LOS SANTOS AVENUE AND PERTINENT MAJOR PUBLIC
THOROUGHFARES IN HIGH DENSITY
URBAN AREAS, ESTABLISHING APPROPRIATE
INFRASTRUCTURE AND FACILITIES, APPROPRIATING FUNDS
THEREFORE, AND FOR OTHER PURPOSES.

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

SECTION 1. Short Title. - This Act shall be known as the "Sustainable
Elevated Walkways Act of 2017."

SECTION 2. Declaration of Policy. - It is the policy of the State to establish
a sustainable network of safe, secure, comfortable, and aesthetically pleasing
elevated pedestrian walkways which separate pedestrians from vehicular
movement, link pedestrians to public transit, integrate human activity with the
built environment, and allow for a continuous flow of movement, without
interruption from vehicular traffic, stop lights, and pollution.

It is likewise a policy of the State to establish elevated pedestrian
networks that are fully sustainable on all accounts, that is, socially, economically,
and environmentally, to achieve a well-connected quality of life above the ground
layer. High density, connectivity, and quality of life comprise the three topmost
elements in maintaining a sustainable elevated walkway system.

Towards this end, the State shall promote the use of sustainable elevated
walkway networks and’ walkway facilities through a comprehensive elevated
walkway program. The State shall ensure that the needs and safety of all
pedestrians are fully integrated into the planning, design, operation, and
maintenance of the country's areal walkway networks.


SECTION 3. Elevated Walkways. — There shall be designated elevated
walkways in Epifanio de los Santos Avenue, commonly referred to by its acronym
"EDSA", which traverses Metro Manila, and in all major public thoroughfares in
high density urban areas, consisting of enclosed or covered footbridges serving
as exclusive access-ways for pedestrians, under the parameters set forth in this
Act.

Elevated walkways which utilize air rights above the road rights-of-way
(RROWs), being part of the public domain, shall be considered public spaces.
Motor and non-motor vehicles are prohibited from being driven or parked on all
such walkways.

The design, purposes, and specifications of elevated walkways to be
established under this Act shall be governed by the following standards:

(a) Continuous flow — Elevated walkways must maintain @ continuous
flow of pedestrian movement throughout the day and night, allowing
pedestrians to move freely without vehicular congestion and
interruptions from traffic lights and intersections. Way-finding
provisions and directional signages shall facilitate flow within the
system;

(b) High density — The design and location of elevated walkways must
maximize the use of high density areas in order to relieve pressure
from overcrowded streets by catering to the largest percentage of
pedestrians throughout urban areas at any given time, displacing
ground-level pedestrian movement to several levels, and enhancing
movement within city centers;

(c) Temperature control — Elevated pedestrian routes must provide
climatically controlled continuous spaces, provide relief from extreme
temperatures associated with hot, humid, and wet climates, distance
pedestrians from vehicular pollution and vehicular contact, and adopt
measures that maximize the use of shaded, cool, open-air zones, Both
passive cooling techniques and artificial ventilation devices shall be
used in a sustainable manner,

(d) Connectivity — Elevated walkways must be interlinked in a manner
that connects pedestrian movement to retail, residential, commercial,
and business activities, as well as adopt essential access points that
facilitate pedestrian entry to and exit from ground (grade) level
walkways;

(@)Safety — Elevated walkways must directly address issues of
pedestrian safety, including the separation of pedestrians from
vehicular traffic, exposure to natural hazards, and compliance with
disaster resilience and mitigation standards;

(f) Environmental sustainability — The Program must maintain adequate
spatial standards between the existing environment and all urban


intervention under this Act; address potential ground floor decay and
abandoned space; provide necessary safeguards and protection to
walkway users who will be exposed to both air and noise pollution; and
establish public address systems designed to wam all users of
encountering such pollution upon entering and using the walkways.
Energy and water conservation as well as solid waste management
shall be the key sustainability features of the system;

(g) Social inclusivity — Elevated walkway networks must be socially
inclusive by addressing potential social separation caused by the
introduction of aerial walkways in areas of different income classes,
and by accommodating persons with disability (PWDs) through the
installation of structural and vertical access facilities that reasonably
enhance their mobility consistently with existing disability laws,
including, without limitation, B.P_Blg. 344, otherwise known as the
Accessibility Law, and R.A. No. 7277, as amended, otherwise known
as the Magna Carta for Disabled Persons;

(h) Right-of-way interfacing — The design and establishment of elevated
walkways must consider affected portions of the road right-of-way and
other key portions of the public domain. Of particular importance are
the interfaces with grade level sidewalks allotted for exclusive use by
pedestrians, for the elevated walkway supports/foundation and for the
vertical access system; air rights directly above the sidewalks; required
space for connectors that shall utilize air rights above the carriageway
portion allotted for the exclusive use of vehicles using the road right-
ofway; connection of air rights above the sidewalks at opposite sides of
the road right-of-way; legal easements and their air rights along
waterways in a manner that would enable such easements to host
elevated walkways consistent with of P.D. No. 1067 (s. 1976),
otherwise known as the Water Code, and R.A. No. 10752, otherwise
known as the "The Right-of-Way Act’.

(i) Vertical Access System — As elevated walkways may have finished
floor elevations above sidewalk surfaces, vertical access systems shall
be established to connect the walkways to ground level pedestrians.
Vertical access systems established under this Act shall include,
without limitation, elevators, stairs, and escalators that shall be
gendersensitive, socially-inclusive, elongated and appropriately sloped,
and constructed in a manner that will not unduly constrict connecting
sidewalks. Sidewalks adjacent to elevated walkways shall give way to
pedestrian drop-off areas catering to public transport commuters and
Private vehicle riders who desire to avail of vertical access systems to
reach elevated walkway systems;

() Support facilities — Elevated walkway systems shall include the
construction and maintenance of support facilities, such as bicycle
parking lots, adequate lighting, crime prevention facilities and well-lit
patrolling space for law enforcement personnel, closed-circuit
television (CCTV) camera systems, access to restrooms, and


adequate drainage. The maintenance of pedestrian infrastructure and
functional public spaces above the street level shall be a requisite for
sustainable elevated walkways;

(k)Active policing — Elevated walkway networks established under this
‘Act must provide for the administration of active policing and law
enforcement coordination to prevent obstructions, nuisances, and
illegal vending and squatting along elevated walkways;

(1) Adaptability to future technology — Elevated walkway structures shall
be designed in ways that will render them adaptable to future
technology and technological capacity, including the capacity to be
later fitted with walkalators to increase pedestrian capacity; and

(m)Expandability — Elevated walkway networks must provide for both
horizontal and vertical expandability to accommodate increases in
capacity.

SECTION 4. Sustainable Elevated Walkway Program. - The Department

of Public Works and Highways (DPWH) shall establish a comprehensive
sustainable elevated walkway program ("the Program") to promote the
establishment and use of sustainable networks of aerial pedestrian walkways
along EDSA and major public thoroughfares in high density urban areas
throughout the country. This Program shall be governed by the key indicators
and standards set forth in the preceding section and in the provisions of this Act.

To promote the objectives of this Act, the DPWH, in cooperation with the
Department of Education, the Commission’ on Higher Education, and affected
local governments, shall establish educational and awareness’ programs on
elevated walkway’ safety and use, general pedestrian safety, pedestrian

infrastructure, health benefits, quality of life, and social and economic benefits of
aerial walkways,

SECTION 5. Prohibited Acts. — The use of elevated walkways and vertical
access systems for commercial and personal purposes shall be prohibited. Such
prohibited acts include but are not limited to the following:

(a) Driving or parking motor and non-motor vehicles on all such walkways,
including its vertical access points and drop-off areas;

(b) Vending, selling, or servicing of foods, magazines, newspapers, cigarettes,
brooms, watches or jewelries, shoes and other footwear, shoeshine and
shoe repair, and/or any other commodities, items, and services;

(c) Alms or donation-seeking activities;

(d)Doing house chores such as washing clothes, hanging clothes, and
bathing;

(c) Repair of vehicles of all types;
(f) Dumping garbage;
(g) Sports, games, and amusements;


(h) Use of walkway to install pens of animals or keep animals in chains or
tether,

(i) Holding picnics/gatherings or storage of foodstuffs and beverages for such
gatherings;

(j) Drinking liquor;

(k) Storing of junks and recyclable materials;

(1) Storage of construction materials for sale (pipes, tubings, lumber, cement,
and the like);

(m) Installation of temporary or permanent fences;
(n) Use of walkways for plants, trees and plant boxes; and

(0)Signs or signboards above sidewalks and detached from the business
establishment.

SECTION 6. Obstructions as nuisance per se. — Without prejudice to the
prosecution of prohibited acts defined under the immediately preceding section,
all obstructions along elevated walkways are hereby presumed or declared
nuisances per se and, as such, are subject to summary abatement without need
of judicial proceedings.

Obstructions include any structure, permanent or otherwise, movable or
immovable, erected along, standing on, abutting or in any manner impeding safe
and convenient passage through any elevated walkway; Provided, That property
of the government including structures erected or installed for the purpose of
regulating the flow of traffic shall not be deemed obstructions.

SECTION 7. Penalties. — The principal penalty for any violation of the
provisions of this Act or its implementing rules shall be summary abatement,
dismantling, forfeiture, and disposal of the obstruction to the walkway,

In addition, any person, corporation, trust, firm, partnership, association or
entity found violating this Act or the rules and regulations promulgated hereunder
shall be punished by a fine of Five Thousand pesos (P5,000.00) which shall
accrue to the National Treasury, or imprisonment of not more than 30 days, or
both, at the discretion of the court. When the offender is a juridical entity, the
officers or agents responsible for the violation shall be meted with said penalties.

Any officer of the duly designated enforcement agency who neglects or
fails to enforce the provisions of this Act shall be administratively liable and in
addition, punished by a fine of not less than Twenty Thousand Pesos
(P20,000.00), without prejudice to the filing of other appropriate administrative
charges.

The Secretary may enlist the assistance of other departments or
government agencies to carry out this section.


SECTION 8. Implementing Rules and Regulations. - Within thirty (30)
days after this Act takes effect, a committee composed of the following members
shall be created to formulate the draft implementing rules and regulations of this
Act

a.) The Secretary of DPWH, or an authorized representative, who shall
serve as chair of the committee;

b.)A representative from the Department of Transportation;
.) A representative from the Department of Budget and Management;

d.)A representative from the National Economic and Development
Authority;

€.)A representative from the Department of Environment and Natural
Resources;

f.) A representative from the Metro Manila Development Authority;

g.)A professor from the University of the Philippines School of Urban and
Regional Planning;

h.)Two (2) representatives from non-government organizations which
advocate for alternative modes of transportation; and

i.) Other representatives of concerned entities and organizations as
determined by the committee as members.

Upon the release and consideration of the above draft implementing rules
and regulations and in no case beyond six (6) months after this Act takes effect,
the Secretary of DPWH shall promulgate and disseminate the implementing rules
and regulations.

SECTION 14. Appropriations. — To carry out the provisions of this Act,
such amount as may be necessary is hereby authorized to be appropriated from
the National Treasury. Thereafter, the amount necessary for the continuous
operation of the Program shall be included in the annual appropriation of the
DPWH

SECTION 15. Separability Clause. - If any provision of this Act is declared
unconstitutional or invalid, other parts or provisions hereof not affected thereby
shall continue to be in full force and effect.

SECTION 16. Repealing Clause. - Any law, presidential decree or
issuance, executive order, letter of instruction, administrative order, rule or
regulation contrary to or is inconsistent with the provision of this Act is hereby
repealed, modified, or amended accordingly.

SECTION 17. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or in a newspaper of general
circulation.

Approved,