Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

5456

HOUSE BILL NO.

Introduced by Representative JOEY SARTE SALCEDA

AN ACT
GRANTING PRESIDENT RODRIGO ROA DUTERTE, SPECIAL POWERS IN
ADOPTING A NATIONAL POLICY IN SPEEDING UP THE IMPLEMENTATION OF
THE “BUILD, BUILD, BUILD” PROGRAM ON OR BEFORE 2022 OR WITHIN A
PERIOD OF TWO AND HALF YEARS, AND SUBJECT TO RESTRICTIONS, TO
IMPLEMENT RULES AND REGULATIONS NECESSARY AND PROPER TO CARRY
OUT SUCH POWERS.

EXPLANATORY NOTE

Midway through President Duterte administration’s term, its economic and infrastructure teams
have just finished reviewing the flagship “Build, Build, Build” program to possibly include
emerging 100 big-ticket projects being pitched by the private sector —although cautious not to
commit any mistakes that would deem too accommodating to firms” profits at the expense of
taxpayers’ money. The program which was launched in 2017 is aimed at ushering in the “golden
age of infrastructure” in the country. It is the largest and broadest infrastructure spending program
ever undertaken by any Philippine government in the last 100 years. The gargantuan sum of
approximately P4.3T will go to 100 priority infrastructures.

This program has to be supported with an emergency power to fast track the implementation as
this would provide an inclusive growth, which means reducing poverty from 21.6% of population
in 2015 to 14% by 2022. Poverty incidence in rural areas is intended to decrease from 30% to 20%
in the same period. Also, the unemployment period will go down to 3%-5%. This program will
catch up with its more vibrant neighbors by 2022 and would help achieve high-income economy
status within a generation and middle-income status by 2022.

The immediate implementation of the “Build, Build, Build” program will complement
meaningfully to the economic and social legislations that were already passed by Congress
designed to accelerate the country’s growth rate, change the socio-economic structures, ensuring
ecological integrity and towards achieving peace and security.

The Flagship Projects are divided into 5 categories, with 3 major considerations for the inclusion
of the projects:

Major considerations
* Urgency which addresses a current problem or concern


‘* National or regional significance which relates to the impact or benefits of the project that
can be felt by more people in a wider area
 Game-changing nature of the project which relates to the significant

Categories

. Transport and Mobility

Water

Urban Development and Renewal (including Disaster Resilience Projects)
Information and Communications Technology

Power

wRene

Webster defines “emergency” as a state that calls for immediate action. Hence, without
compromising transparency and accountability, the importance of the immediate passage of this
bill cannot be sufficiently underscored.

The “Build, Build, Build” program is a work in progress but could be faster by easing procurement
rigidities and empowering right of way. Out of the 75 of the original, 46 are being implemented
as of 2019 mainly (1) GAA-funded, (2) ODA-funded with financial close, and (3) started in past
admins. Out of the 100 expanded cum PPP, 54 have started or an additional &. This proposed bill
that gives special powers to the Office of the President covering the 75 original BBB enumerated
with Flagship Projects Office under Sec. Vince Dizon as Administrator. (See annex for the list of
projects)

This bill essentially proposes the following:

1. Declare the existence of national importance the immediate implementation of the flagship
projects of the President.
2. Pursuant to Article VI, Section 23 (2), it authorizes the President to exercise special powers

for three years necessary and proper to effectively respond to multiple problems as a consequence
in fast tracking the implementation of the flagship project for the economic growth of the country.

3. Designate a Flagship Manager ~ the Chairman of the Bases Conversion and Development
Authority Secretary Vince Dizon.

4. Authorize special modes of procurement.

5. Install safeguards through the implementation of EO on Freedom of Information and
creation of Congressional Oversight Committee.

6. Provide an initial amount necessary for the implementation to be sourced from the current
year’s budget of the concerned agencies implementing this Act and from savings of the National
Government.

In light of the foregoing, the passage of this bill granting special powers to the President for the
purpose of addressing the immediate implementation of the “Build, Build, Build” program on or
before 2022 or within a period of two and half years, and subject to restrictio plement
rules and regulations necessary and proper to carry out such powers, is eartsily sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL NO. 5456

Introduced by Representative JOEY SARTE SALCEDA.

AN ACT
GRANTING PRESIDENT RODRIGO ROA DUTERTE, SPECIAL POWERS IN
ADOPTING A NATIONAL POLICY IN SPEEDING UP THE IMPLEMENTATION
OF THE “BUILD, BUILD, BUILD” PROGRAM ON OR BEFORE 2022 OR WITHIN
A PERIOD OF TWO AND HALF YEARS, AND SUBJECT TO RESTRICTIONS, TO
IMPLEMENT RULES AND REGULATIONS NECESSARY AND PROPER TO
CARRY OUT SUCH POWERS.

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

SECTION I.Short Title. This Act shall be known as the "Flagship Emergency Act of 2019."

SECTION2. Declaration of Policy. \t is hereby declared a State policy to adopt adequate and
effective measures that will immediately address the immediate implementation of the Flagship
projects of the President under the “Build, Build, Build” program.

Consistent with the Constitutional mandate to promote the general welfare and social-economic
justice in all phases of national development, the State shall promote a shift towards efficient,
viable, competitive, integrated, environmentally sustainable, people-oriented, seamless
economic development for the benefit of all citizens, the economy, and society.

Towards this end, the State shall adopt a strong system of accountability and transparency in
the pursuit of its objectives; as well as rationalize and strengthen existing institutions and adopt
responsive measures to address the immediate implementation of the flagship projects that spur
high the economy towards achieving a higher growth rates by 2022 through properly plan
infrastructure projects that will respond to this paradigm shift in the traditional procurement
process to increase economic productivity and tourism appeal, sustaining the significant
growth he country is currently enjoying.


The extraordinary remedy of granting emergency powers to the President/Executive Branch is
for the purpose of addressing this national emergency and is limited to the period specified in
this Act.

SECTION 3. Definition of Terms. The following terms shall mean:

a.“Special Powers” shall refer to the authority granted to the President of the Republic of the
Philippines under Section 23 (2), Article VI of the 1987 Philippine Constitution by the
Congress for a limited period and subject to such restrictions as it may prescribe to exercise
powers necessary and proper to carry out a declared policy.

b. “Emergency” shall refer to the call for immediate action without compromising transparency
and accountability.

SECTION 4. Grant of Emergency Powers to the President/Executive Branch. The President is
hereby authorized to exercise all powers necessary and proper to carry out the above-declared
national policy. As such, the President is hereby granted Special Powers to urgently utilize all
necessary government resources, exercise police power, and employ executive actions and
measures to ensure the effective implementation, reconfiguration, and harmonization of
national and local government projects intended to address the economic growth, unhampered
by existing laws, agreements, regulations, court orders, and procedures that would cause delay
in addressing exclusively the implementation of flagship projects.

SECTION 5. Rationalization and Reorganization of offices. The President may reorganize and
rationalize the existing structure of his office under the Executive branch, as far as practicable
to ensure the effective implementation of the programs pursuant to this Act. The reorganization
and rationalization of these departments and agencies must be implemented within six (6)
months from the passage of this Act, in coordination with the Commission on Audit (COA),
and the Civil Service Commission (CSC).

For this purpose, the President may realign funds to carry out the creation, merger, and/or
rationalization or reorganization of offices.

SECTION 6. Scope of Flagship Projects. The special power is exclusively granted for the
following projects:

Transport and Mobility

Cost

Project (millions)
Sangley Airport 1436.2
Unified Grand Central Station 2783
LRT 2 West Extension 10120
Bicol (New Legaspi) International Airport 4798
Ma€™tang (Central Mindanao) Airport 2600
Bonifacio Global City-Ortigas Center Link Road

Project 1631
Pasacao-Balatan Tourism Coastal Highway 13280

Camarines Sur Expressway 8663


Panglao-Tagbilaran City Offshore Connector Bridge
Metro Cebu Expressway Project

Bacolod-Negros Occidental Economic Highway
Boracay Circumferential Road
‘Sindangan-Bayog-Lakewood Road, Zamboanga del
Sur and Zamboanga del Norte

Davao City Coastal Road Project, including Bucana
bridge

Cagayan de Oro Coastal Road

Surallah-TBoli-San Jose Road, South Cotabato
Metro Manila BRT Line 1 (Quezon Ave)

Metro Manila Subway Project Phase 1

MRT 3 Rehabilitation Project

MRT4

LRT 2 East Extension

EDSA Greenways

Masbate (New) Airport

North South Commuter Railway [PNR North 1]
North South Commuter Railway Extension [PNR
North 2, PNR South Commuter)

PNR South Long Haul

New Dumaguete (Bacong) Airport

Cebu Bus Rapid Transit

New Cebu International Container Port

New Zamboanga International Airport

Mindanao Rail Project Phase 1

Subic Clark Railway

China Grant Bridges Binondo-Intramuros Bridge
(3,390.00) Estrella-Pantaleon Bridge (1,470.00)
Pasig River and Manggahan Floodway Bridges
Construction Project North and South Harbor Bridge
(8,029.53) Beata-F.Y. Manalo Bridge (1,386.61)
Palanca- Villegas Bridge (1,595.49) East-West Bank
Bridge 2 (3,176.25) Blumentritt-Antipolo Bridge
(1,103.34)

Arterial Road ByPass Project Phase III (Plaridel
Bypass)

Iconic Bridge Projects for Socio Economic
Development

Bataan-Cavite Interlink Bridge

Dalton Pass East Alignment Alternative Road Project
Samar Pacific Coastal Road Project

Cebu-Mactan Bridge and Coastal Road Construction
Project

Panay-Guimaras Negros Bridge

Samal Island-Davao City Connector Bridge
Guicam Bridge

‘Tawi-Tawi Interlink Bridges

4400
28019
6213
1660

4251

26350
3433
3199

5463.38
356964.2
22000
59346.05
9500
9731
6900
149130

628421
175300
6941
16310
2639.57
13938
97400
50031

4860

15291.22
5260

5963
187000
9500
1032

26000
97300
16000
1175
1802


Davao City Bypass Construction Project

Road Network Development Project in Conflict
Affected Areas in Mindanao

Davao City Expressway

Panguil Bay Bridge

Taguig Integrated Terminal Exchange

Manila Metro Line 1 Cavite Extension (Baclaran -
Niog, Bacoor) (a.k.a LRT 1 Cavite Extension
Project)

MRT7

Clark Intemational Airport Expansion Project Phase
1

Southeast Metro Manila Expressway Project
Metro Manila Skyway Stage 3

NLEX-SLEX Connector Road

C5 Southlink Expressway Project

Southern Luzon Expressway Toll Road 4
Quezon-Bicol Expressway

‘New Manila International Airport

Ninoy Aquino International Airport

C5 MRT 10 Project

Fort Bonifacio-Makati Sky Train

MRT II

LRT 6 Cavite Line A/ Modified LRT 6 Project
Phases 1 (Niog-Dasma City) and 2 (Dasma City-
Tagaytay)

‘New Bohol (Panglao) International Airport
Kalibo International Airport

‘Cebu Monorail System

Laguindingan Airport

Davao International Airport

‘TPLEX Extension Project
Cavite-Tagaytay-Batangas Expressway Project

Water

Project

Bohol Northeast Basin Multipurpose Dam Project
Malitubog-Maridagao Irrigation Project

New Centennial Water Source - Kaliwa Dam Project
Ipo Dam 3 Project

‘Angat Water Transmission Improvement Project
Aqueduct No. 7 Project

Chico River Pump Irrigation Project

Panay River Basin Integrated Development Project
Kabulnan-2 Multipurpose Irrigation and Power
Project

37169

14302
24500
7375
4000

64900
70800

14972.41
45290
37430
23300
12640
19100
89296

735634
101850
81470
3520
71110

50380
25452

3843
78890
45830
48973
23947
22430

Cost
(millions)
4134
5444.84
12189.01
4000
3290
7420
4372.9
19357

31220.93


Kanan Dam Project 56000

Wawa Bulk Water Supply Project 20000
Urban Development and Renewal
Cost
Project (millions)
Metro Manila Priority Bridges for Seismic Improvement Project 7933
Pasig-Marikina River Channel Improvement Phase IV 33097
Integrated Disaster Risk Reduction and Climate Change Adaptation
Measures in the Low-Lying Areas of Pampanga Bay 16500
Cavite Industrial Area Flood Management Program 9890
Reconstruction and Development Plan for Greater Marawi (JICA grant) 970
Emergency Assistance for Reconstruction and Recovery of Marawi (ADB grant) 6835
Ambal Simuay River and Rio Grande de Mindanao River Flood Control Projects 39219.68
Marawi Rehabilitation (China Grant) 998.7
New Clark City Phase 1 18000
Information and Communications Technology
Project Cost (millions)
The National Broadband Program 38091.17
‘National Government Data Center 276.62
Road Transport Information Technology Infrastructure Project Phase I
(LTO IT) 8000
Philippine Identification System TBD
Luzon Bypass Infrastructure Project 1000
Safe Philippines Project Phase 1 20313.92
Automated Fare Collection Clearing House 3500
Power
Cost
Project (millions)
Agus-Pulangi Rehabilitation Project 20000
‘Agus 3 Hydroelectric Power Project (225
MW) 46.37

SECTION 7. Appointment of a Flagship Project Manager. The Chairman of the Bases
Conversion Development Authority (BCDA) is designated as the Flagship Program Manager
and shall exercise overall management, supervision, and control, as well as oversee the
implementation of the Program. He/She shall sufficiently and purposely exercise all powers
and authority delegated by the President in order to mobilize resources of the different national
government agencies and to expeditiously and effectively implement program. He/She shall
coordinate with other relevant national government agencies, government-owned and -
controlled corporations, government financial institutions, and private stakeholders in the
exercise of his/her functions.

SECTION 8. Powers of the Flagship Project Manager. The powers of the Flagship Project
Manager shall be as follows:


a To modify, amend, or expand the functions of permit issuing agencies, to override their
permits and licenses, including ordinances of affected Local Government Units resolutions,
land and home owners association, as well as the relevant and existing procedures, and
implement such other measures as exigencies shall require.

b. To integrate different procurement modes in easing the implementation of the program;
c.  Tooperate and takeover of necessary public transport systems and infrastructures;
4. _ Totransfer and relocate of affected communities;

To enter into a joint venture agreement or other agreements, negotiation, compromise
for the purpose of expediting the implementation of the flagship infrastructure programs.

e. To construct structures or implement roadworks that would improve traffic flow
affected by the construction of the projects;

f To rapidly response to accidents and incidents as a result of the implementation;

To reclaim and relocate the current occupant, free of charge, but subject to applicable
resettlement laws and policies, of all properties owned by or forming part of the right of way;

h. To acquire any land or property for the purpose of developing future projects, in order
to minimize cost of acquisition, and maximize value and capture opportunities for government,
and

i. Toexercise all other necessary powers not otherwise inconsistent with the existing laws
with the end in view of fast tracking the implementation of the Flagship project within the
timeline provided by this Act.

SECTION 9. Power of Eminent Domain. All concerned government agencies shall coordinate
and jointly work with the Flagship Program Manager for the immediate resolution of issues
and bottlenecks in infrastructure. This shall include the exercise of the power of eminent
domain for right-of-way acquisition necessary for infrastructure projects or public convenience.

SECTION 10. Special Modes of Procurement for Flagship Projects. The Flagship Project
Manager is hereby authorized to adopt the following modes of procurement for goods,
infrastructure, and consulting services for the construction, repair, rehabilitation, improvement
or maintenance of projects aimed at the immediate implementation of said projects.

‘The Flagship Project Manager is authorized to engage in:

1 Direct Contracting which involves directly requesting a contractor, supplier or
consultant, who meets the financial, technical and legal qualifications as set by the Procuring
Entity, to submit a price quotation or a pro-forma invoice together with the contractual terms
and conditions.


2. Repeat Order which involves a direct procurement of goods from a previous supplier
whenever there is a need to replenish goods as needed and determined by the Procuring Entity.

3. Direct Negotiation of Contracts which involves directly negotiating with a project
proponent who complies with all the pre-qualification requirements as set forth under R.A. No.
7718 otherwise known as the Build-Operate-Transfer Law.

SECTION 11. Prohibition on the Issuance of Temporary Restraining Orders and Preliminary
Injunctions. In the implementation of this Act, no court, except the Supreme Court, may issue
any temporary restraining order or preliminary injunction against the government or any of its
subdivisions, official or any person or entity, whether public or private acting under the
government direction, that would restrain the speedy implementation of the flagship projects.

SECTION 12. Right to Information. Upon perfection of each contract entered into by the
Government pursuant to Section 10 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 13. Duration of Powers. The authority granted to the Executive Branch under this
Act shall subsist and be valid and effective for a period of three (3) years from the effectivity
of this Act, unless sooner withdrawn by a joint resolution of Congress, without prejudice to
rights and benefits that may have been vested and culpabilities and liabilities that may have
been incurred under its provisions.

SECTION 14. Oversight Committees. There is hereby created an Oversight Committee in each
House of Congress to be composed of five (5) members each to be respectively designated by
the Senate President and the Speaker of the House of Representatives, which committees shall
be tasked with monitoring the implementation of this Act and the exercise of the authority
granted hereunder.

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

SECTION 15. Report to Congress. The Executive Branch shall submit a quarterly report to
Congress on the implementation of this Act.

SECTIONI6. Private Legal Assistance and indemnification. The Flagship Project Manager as
well as his subordinates may engage the legal services of private lawyers whenever criminal or
civil cases are filed against them in connection with the lawful functions of their duty and be
indemnified of all the costs and expenses incurred in connection with the cases filed against
them.

SECTION 17. Transitory Provision. As far as practicable, the provisions of this Act shall
apply to all ongoing procurements under the Flagship Project which have already commenced.

SECTION 18. Separability Clause. In the event that any provision of this Act is declared
unconstitutional, invalid, or illegal, the constitutionality, validity, or legality of the remainder
of the provisions of this Act shall not be affected thereby


SECTION 19. Repealing Clause. All laws, presidential decrees, letters of instructions,
executive orders, rules, regulations, and other issuances or parts thereof which are contrary to
or inconsistent with the provisions of -this Act are hereby revoked, repealed, amended or
modified accordingly.

SECTION 20. Effectivity. This Act shall take effect fifteen (15) days following the completion
of its publication in two (2) newspapers of general circulation.

Approved.