Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH (17*) CONGRESS
First Regular Session

HOUSE BILL NO.3617

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE

EXPLANATORY NOTE

Waze, a GPS-based navigation application, hailed Metro Manila as
having the “worst traffic on Earth”. Garnering a 0.4 rating in its Global Traffic
Index, Philippines has the longest commute time with an average of 45.5
minutes from house to office’. The severe traffic congestion in Metro Manila
has become a hindrance to economic and social development. Reports
estimate that at least Two Billion Pesos is lost daily due to the effects of heavy
traffic, This economic loss is likely to increase to 6 Billion a day by 2030 if not
given the necessary intervention’.

Worse, the quality of lives of Filipinos living in the National Capital
Region, as well as those in neighboring provinces, is adversely affected by this
traffic gridlock. It is not difficult to imagine how stress levels shoot up when
one is caught in traffic, and how despair creeps in, as time wasted during the
commute should have been time spent with family or loved ones. The
economic, social, and health cost calls for a swift and effective response from
the government.

‘This bill proposes that emergency powers be granted to the President
to address "Metro Manila Traffic and Transport Crisis". This will empower
the President to utilize the necessary government resources, to exercise or
employ executive actions and measures, necessary and incidental,
unhampered by existing laws, regulations, and procedures to solve this
burgeoning problem.

1 Tan, Lara, (2015, October 5) Metro Manila has 'worst traffic on Earth,’ longest commute -
Waze. CNN Philippines, Retrieved from: http:/ /cnnphilippines
com/metro/2015/10/01/Metro-ManilaPhilippines-worst-traffic-longest-commute-Waze-
survey.html

2 Cabuenas, John Victor, (2015, December 11) PHL economy is losing big time on traffic jam.
GMA News Online, Retrieve from:

http://www. gmanetwork.com/news/story /547564/ money /economy / phl-economy-is-
losing-big-time-on-trafficjam#sthash.XGeNGDk7.dpuf


This bill also recognizes that while there is a need to fast track much
needed transportation infrastructure, particularly those for mass transit such
as rails, the Government must find immediate solutions that can enable us to
efficiently use the existing roads we have. The new services offered by data
driven technologies such as internet based ridesharing should be maximized
for the benefit of the riding public.

From the foregoing, the passage of the bill is most earnestly sought.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH (17*) CONGRESS
First Regular Session

House BILLNO, 3617

Introduced by Representative Jose Christopher Y. Belmonte

AN ACT
GRANTING THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES
EMERGENCY POWERS TO ADDRESS THE TRAFFIC CONGESTION CRISIS IN
METRO MANILA AND FOR OTHER PURPOSES:

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

SECTION 1. Short Title. - This Act shall be known as the “Traffic Crisis Act
of 2016,”

SECTION 2. Declaration of Policy. - It is hereby declared the policy of the
State to adopt effective, innovative, and comprehensive mechanisms to address the
immense traffic congestion problems in the country that have disrupted economic
development and social reform programs thereby assuming the nature and
magnitude of a national emergency.

SECTION 3. Grant of Special Powers to the President of the Philippines. -
Pursuant to Article VI, Section 23 (2) of the Constitution and to implement the
declared policy of the State, the President is hereby authorized to issue such rules
and regulations as may be necessary to carry out the following powers:

1) To reorganize the Department of Transportation (DoTr), with the Land
Transportation Office (LTO), Land Transportation, Franchising and Regulatory
Board (LIFRB), Metro Manila Development Authority (MMDA), and the Toll
Regulatory Board (TRB) to make them more effective, innovative, and responsive
agencies to solve the land traffic crisis. For this purpose, the President may abolish


or create government offices; split, group, or merger positions; transfer functions,
properties, equipment, records and personnel; institute drastic cost-cutting measures
and take such other related actions necessary to carry-out the declared purpose.
Nothing in this Section shall result in the diminution of present salaries and benefits
of the personnel of the affected government agencies nor abolish any existing
regulatory agency with a charter; Provided that any official or employee of an
affected government agency who may be separated by reason of this reorganization
shall be entitled to benefits under existing laws;

2) To administer and implement remedial and such other related measures to
address the traffic crisis in the country, which shall include:

a) the establishment of a mass transport system with priority to the
creation of railways for the efficient transportation of people and goods;

b) the transfer of terminals to decongest choke points in Metro Manila;
¢) the transfer of public markets located on busy highways;

d) the establishment of alternate routes by opening private subdivision
roads or roads in gated communities, police or military camps to the
commuting public subject to conditions and restrictions;

e) the issuance and implementation of rules and regulations on
ownership, registration, and the use of old, decrepit, unsafe and ecologically-
adverse vehicles plying the roads;

f) the issuance and implementation of rules on the working hours of
employees in the public and private sectors to alleviate traffic congestion
during rush hours;

g) Encourage community-based transport network - a network of private
cars that will offer rides to the public to reach their respective destination in
Metro Manila, and neighboring cities and municipalities. Pursuant thereto,
the President may suspend the application of Commonwealth Act No. 14638
or the Public Service Act, and its implementing rules and regulations in
relation, to the operation of private car owners and drivers who offer rides to
the public, including the need for securing a franchise from the Land
Transportation and Franchising Board.

In allowing private car owners to offer rides to the public, the President shall
direct the proper agency/ies, within thirty (30) days from the effectivity of
this Act, to formulate rules and regulation to ensure the safety of the riding
public aboard these privately owned cars, including but not limited to:,


i. Providing for a general registry available to the public of private car
owners offering rides to the public;

ii. Limiting the ability to offer rides to vehicles which are no more than
seven (7) years old at the time of implementation of this Act;

iii, Limiting the offer of use of private cars for the riding public to Metro
Manila, and its neighboring cities, and highly-urbanized cities in the
country;

iv. Requiring private car owners or drivers who will offer rides to the public
to be members of a community-based transport network for publicity
and transparency. In turn the same network shall prescribe accreditation
requirements, such as ownership or lease registrations of the cars to be
used, driver's license, police or NBI clearance of the drivers and recent
negative drug-test results of the designated from a DOH accredited
clinic;

v. A 24/7 customer support center, available by way of phone or e-mail
report or social media post, to receive complaints from riders which
should automatically report serious offenses and incidents to the
authorities, for community-based transport;

vi. Limiting person/s who can offer rides to persons with no criminal
record and recent past traffic violations; Provided that, he/she is a
professional driver license holder; and

vii.A formula or table of fees for community-based transport network shall
be promulgated.

3) To exercise the State’s Power of Eminent Domain in order to appropriate private
property for the establishment of easement or right of way, creation of railway,
expansion of public roads or for other public purposes consistent with this Act;
Provided that, there is payment of reasonable compensation based on the fair market
value of the property;

4) To formulate, coordinate and regulate the implementation of medium and long-
term plans and programs for the delivery of nationwide transportation-related
services, consistent with national development objectives and priorities;

5) To enter into negotiated contracts and such other agreements to fast track the
construction, repair, rehabilitation, improvement or maintenance of railways, roads
and highways, bridges and similar infrastructure and facilities,; Provided that, rules
and regulations governing these contracts or agreements shall be clearly defined;

6) To implement the “Roadmap for Transport Infrastructure Development for Metro
Manila and Its Surrounding Areas” approved by the Board of the National Economic
Development Authority (NEDA) known as the “dream plan” roadmap;


7) To call upon and deputize recognized nongovernment and people's organizations
and volunteers as well as local government units to assist the Government to carry
out these powers through the monitoring or implementation of orders, rules and
regulations; and

8) To undertake such other measures reasonable and necessary to enable the
President to carry out the declared national policy; Provided that, Congress shall
have oversight in determining the reasonableness and necessity of the measure.

The exercise of these emergency powers shall, at all times, respect valid and existing
contracts with the government and its relevant agency and shall not diminish or
impair the same.

SECTION 4. Right to Information. - Upon perfection of each contract entered
into by the Government pursuant to Section 11 hereof, the terms and conditions of
the same, with the name and qualification of the contractor, together with the
description, the budgetary estimates involved and other salient features, shall be
published in a website created for this purpose.

SECTION 5. Duration of Grant of Powers. - The authority granted to the
President under this Act shall be valid and effective for a period of two (2) years
from effectivity of this Act, unless sooner withdrawn by a resolution of Congress,
without prejudice to rights and benefits that may have been vested, and culpabilities
and liabilities that may have been incurred.

SECTION 6. Oversight Committees. - There is hereby created an Oversight
Committee in each House of Congress to be composed of six (6) members from each
House, including the Chairpersons of the Committee on Public Services in the Senate
and the Committee on Transportation in the House of Representatives acting as Joint
Chairpersons, to monitor the implementation of this Act and the exercise of the
authority granted hereunder.

The Oversight Committee shall submit periodic reports, evaluations and
recommendations to the Senate and the House of Representatives.

SECTION 7. Report to Congress. - The President shall submit a quarterly
report to Congress on the Implementation of this Act.

SECTION 8. Sunset Review. - Congress shall conduct a sunset review of the
accomplishments and impact of the implementing agencies under this Act.

SECTION 9. Separability clause. - In the event that any provision or part of a
provision of this Act is declared unconstitutional, invalid, or illegal, the
constitutionality, validity or legality of the remainder of the provisions of this Act or
parts thereof shall not be affected hereby.


SECTION 10. Repealing clause. All laws, presidential decrees, executive
orders, rules, regulations and other issuances or parts thereof which are contrary or
inconsistent with the provisions of this Act law are hereby repealed, revoked,
amended, or modified accordingly.

SECTION 11. Bffectivity. - This Act shall take effect immediately following
the completion of its publication in two (2) newspapers of general circulation.

Approved.