HUUS OF R

Republic of the Philippines [
HOUSE OF REPRESENTATIVKS — date:_05 SEP 2016

Quezon City tive De om
BY: j
SEVENTEENTH CONGRESS a

FirstRegular Session [

EX SERVICE

House Bill No. 8442

INTRODUCED BY REPRESENTATIVES
EVELINA ESCUDERO AND MARIA VIDA ESPINOSA BRAVO

EXPLANATORY NOTE

The traffic mess in Metro Manila has undoubtedly become a cri
Getting stuck for long hours in Metro Manila’s roads is not only a very
unpleasant experience but has caused commuters loss of precious time that
could have been used for productive work or quality time for their families.
In fact, government figures indicate that traffic in the metropolitan areas
nationwide costs the country roughly P 3 billion a day or about 0.8% of the
Gross Domestic Product (GDP).

‘The main culprit is that there are just too many vehicles but roads are
no longer sufficient to accommodate them. The situation is steadily
worsening as an emerging middle class fuels an auto boom where car sales
rose 23% in 2015 with nearly 300,000 new vehicles hitting the roads.
Compounding the problem, decades of infrastructure neglect has left Metro
Manila with a just a few major roads across the city and their gridlock "peak
hours" often last for 3 to 4 hours. As if to make matters worse, during rush
hour, accidents can cause gridlock for even longer hours.

Finally, the traffic problem remains unresolved because of restraining
orders, injunctions, right of way issues, local government regulations and
even social issues. Losing bidders have often delayed the implementation of
important infrastructure projects.

The current traffic crisis in the country calls for bold solutions.

This bill seeks to grant the President special powers to effectively
address the pestering traffic and transportation problem in Metro Manila and
other metropolitan areas in the country. Under the bill, the President will be
authorized to adopt alternative methods of procurement for the construction
repair, rehabilitation, improvement or maintenance of transportation


projects, and shall be given greater leeway to reorganize and coordinate
national and local government traffic management plans.

Moreover, under the proposed measure, no court, except the Supreme
Court, shall issue any temporary restraining order, preliminary injunction or
preliminary mandatory injunction against the government or any of its
officials or any person or entity acting under the government direction to
restrain, prohibit, or compel the acquisition, clearance, and development of
theright of way; and bidding or awarding of any transportation project
identified by the President, among others.

The emergency powers to be given to the President are already a
necessity given the gravity of the present traffic and transportation crisis that
not only disrupts the mobility of our people and hamper the flow of goods
and services, but also threatens the very viability of a convenient and healthy
living in our metropolitan centers.

It is in this view that the immediate passage of the bill is earnestly
sought.

EVELINA ESCUDERO
Representative
First (1") District, Sorsogon

A ESPINOSA BRAVO
.epresentative
irdt (1") District, Masbate


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

3442
House Bill No. ___

INTRODUCED BY REPRESENTATIVE
MARIA VIDA ESPINOSA - BRAVO

AN ACT
GRANTING THE PRESIDENT OF THE PHILIPPINES
SPECIAL POWERS NECESSARY AND PROPER TO
EFFECTIVELY ADDRESS THE CURRENT CRISIS IN
THE TRANSPORTATION SECTOR,
AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines
inCongress assembled.
SECTION 1. Short Title - This Act shall be known as the
‘Transportation Crisis Act of 2016".
SECTION 2. Declaration of Policy - It is hereby declared the policy
of the State to
a) To recognize the vital role of an efficient and reliable transportation
system to the country’s economic development and thrust towards
sustainable inclusive growth;
b) To recognize the severe traffic congestion in Metro Manila and other
metropolitan areas in the country, shortage in mass transportation and

lack of infrastructure that result to nationwide economic loss, as a

crisis that needs an immediate remedy; and,


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c) To adopt adequate and effective measures to promptly address the
transportation crisis.

SECTION 3. Grant of Special Powers to the President of the
Philippines - The President of the Republic of the Philippines is hereby
granted special powers to be able to urgently utilize the necessary
government resources and exercise or employ executive actions and
measures to address the transportation crisis.

The President may reform or harmonize national and local
government projects and rationalize operational enforcement of traffic
management plans and programs by governmental agencies that are directly
or indirectly involved in transportation and traffic management to address
the transportation crisis.

SECTION 4. Creation, Reorganization and Abolition of Offices -
The President may abolish or create offices that are directly or indirectly
involved in transportation and traffic management; split, group or merge
positions; transfer functions, equipment, properties, records and personnel;
and institute other related actions necessary to carry out the purposes herein
declared.

Nothing in this section shall result in the diminution of the present
salaries and benefits of the personnel of these agencies: Provided, That any
official or employee of the concerned agencies who may be phased out by
reason of the reorganization authorized herein shall be entitled to such
benefits as may be determined by the Office of the President, in coordination
with the Commission on Audit and the Civil Service Commission subject to

existing laws.


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SECTION 5. Appointment of a Transport Manager - The
President may designate and appoint a ‘Transport Manager’ tasked to
address and avert the transport and traffic crisis, who may concurrently be
the Secretary of Transportation or his designated representative, to exercise
all powers and authority delegated by the President, including the
extraordinary powers under this Act, to sufficiently and purposely discharge
his duties and responsibilities for the soonest abatement of the crisis.

For the period of the emergency under this Act, the powers, authority
and functions over land, air, and sea traffic management of the Metro Manila
Development Authority (MMDA) under Republic Act No. 7924, of the local
government units (LGUs) of Metro Manila and other metropolitan areas
under Republic Act No. 7160, as amended, of the Philippine National Police
(PNP), of the Land Transportation Office (LTO), of the Land Transportation
Franchising and Regulatory Board (LTFRB), of the pertinent Departments
or governmental agencies, shall be vested in the Transport Manager.

As such, the Transport Manager shall have the power to override
MMDA or Metro Manila Council, LGU traffic and related ordinances,
permits and licenses, including but not limited to those allowing the
operation of public conveyances, parking of vehicles, operation of
businesses, construction of structures, public utility vehicle terminals that
impede traffic flow on major and secondary roads needed as alternate routes.

The Transport Manager shall however periodically coordinate with
LGU executives and their officials and the private sector in the execution of
traffic and transport plans, programs and measures; and may likewise enlist

and deputize the traffic enforcement units of the MMDA, LGUs and


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Highway Patrol Group (HPG) of the PNP and such other agencies as
exigencies shall require.

SECTION 6. Formulation of Transport and Traffic Plans and
Programs - The President may formulate a holistic National Transportation
System Plan consisting of long-term plans and programs for transport and
traffic management that shall include the following:

a) Formulate necessary rules, regulations and standards to optimize all
government infrastructure resources, such as the road system, airports
and seaports, including regulated private toll roads, and ensure
intermodal connectivity;

b) Prescription of rules, regulations and standards for large mixed-use

property developments to ensure adherence to best practices for long-
term sustainability, avoid disturbance to adjoining communities and
public convenience, and minimize adverse environmental impact; and,

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Implement rules, regulations and standards for a comprehensive
roadmap for land and transportation development to promote urban
area expansion to the North and South Areas outside of Metro Manila.
ECTION 7. Re-orientation of Traffic Management Units - The
traffic enforcement units of the MMDA, PNP, participating LGUs,
government agencies, and organizations shall reviewed, reformed, re-
oriented and re-trained with focus on effectivity and efficiency, imposition
of disciplinary measures, enhancement of compensation and benefits or
rewards system.
Upon consultation with MMDA, PNP, LGUs and other concerned

agencies, the Transport Manager shall create a Single Traffic Violation


Ticketing System for violation of traffic laws, rules and regulations to be
implemented by all traffic enforcement units nationwide.

SECTION 8. Immediate Resolution of Transport and Traffic
Infrastructure Issues - \n coordination with concerned government
agencies, the Transport Manager shall resolve current issues and bottlenecks
on transport and traffic infrastructure projects and programs, foremost of
which are the determination of the common stations, extension and
expansion of present operations and construction of new bus and railway
transit systems.

SECTION 9. Power to Exercise Eminent Domain - Whenever
necessary, the President shall have the power to acquire real property needed
as right-of-way site or location for any government transportation
infrastructure through expropriation with payment of just compensation,
negotiated sale, donation, or any other mode of acquisition as provided for
by law. This power shall include the power to open private roads for public
use or under a toll system.

SECTION 10. Exemption from Procurement Rules - The
President may waive the application of Section 10 of Republic Act No.
9184, or the ‘Government Procurement Reform Act’, in entering into
transport and traffic infrastructure service and supply contracts. He can
resort to any of the alternative methods of procurement defined in RA 9184:
Provided, that any agreement entered into shall not be grossly
disadvantageous to the government.

SECTION 11, Exemption from Injunctions - No court, except the

Supreme Court, shall issue any Temporary Restraining Order (TRO), Order,


* Preliminary Injunction or Preliminary Mandatory Injunction against any

executive decisions and actions in the implementation of this Act.

SECTION 12. Duration of Grant of Powers - The authority
granted to the President under this Act shall subsist, be valid and effective
for a period of two (2) years from the 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 13. Appropriations - The amount needed for the
implementation of this Act shall be taken from the current fiscal year’s
appropriations of the MMDA, DoTr and its attached agencies.

In addition, funds for the implementation of any programs, activities
or projects pursuant to this Act shall be included in the General
Appropriations Act or in a Supplemental Appropriations.

SECTION 14. Preferred Source of Funds — Any plans, projects or
programs to be implemented to achieve the objectives of this Act shall be
sourced preferentially from an Official Development Assistance (ODA) as
defined in Republic Act No. 8182, otherwise known as the ODA Act of
1996.

SECTION 15. — Oversight Committees — There is hereby created
an Oversight Committee in each House of Congress to be composed of five
(5) members each to be designated by the Senate President and the Speaker
of the House of Representatives to monitor 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 16. Report to Congréss — The President shall submit a
quarterly report to Congress on the implementation of this Act.

SECTION 17. Separability Clause. - If any provision of this Act is
declared invalid or unconstitutional, the other provisions not affected
thereby shall remain in full force and effect.

SECTION 18. Repealing Clause. - All laws, acts, decrees, executive
orders, issuances, and rules and regulations or parts thereof which are
contrary to and inconsistent with this Act are hereby repealed, amended or
modified accordingly.

SECTION 19. Effectivity. - This Act shall take effect after fifteen
(15) days from its publication in at least two (2) national newspapers of

general circulation

APPROVED,