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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

HOUSE BILL NO, 4699 _

Introduced by Honorable Michaelina M. Antonio

EXPLANATORY NOTE

‘The traffic situation in Metro Manila has caused immense economic and
social damage to Filipinos. Apart from lost income opportunities and productivity,
higher foreign exchange outflow for fuel, and redundant transportation equipment,
the social repercussions are also undeniable. This traffic crisis has sown disruption
on family life and social ties. Students have less time to study, while their working
parents are stressed out because of the length of time spent in traffic. It has likewise
degraded public health and the environment due to vehicle emissions, Moreover, it
has impaired the image and competitiveness standing of the country.

We must recognize that this crisis is a national emergency that calls for

drastic solutions,

The Constitution itself, prescribes that, in times of national emergency.
Congress may grant the President, for a limited period, and subject to restrictions as
it may prescribe, powers, necessary and proper, to carry out a declared national
policy.

Under this measure, for a limited period of time, the President is granted
emergency powers to address this Metro Manila Traffic and Transport Crisis. This
will allow him to tap all necessary government resources and exercise or employ
executive actions and measures, whether necessary or incidental to solve this
escalating problem.

In addition, short-term, mid-term, and long-term development plans for a
sustainable and efficient transport system will be adopted


This bill also puts safeguards in place to ensure that these broad powers will
not be abused. A congressional oversight committee is constituted to check on the
President's exercise of special authority.

In view of the foregoing, approval of this bill is earnestly sought.

CO>
“mo M. ANTONIO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

4699

HOUSE BILL NO. _

Introduced by Honorable Michaelina M. Antonio

AN ACT DECLARING THE METRO MANILA TRAFFIC CRISIS AS A.
NATIONAL EMERGENCY, GRANTING THE PRESIDENT OF THE
PHILIPPINES EMERGENCY POWERS FOR A LIMITED PERIOD OF TIME,
AND ADOPTING SHORT-TERM, MID-TERM, AND LONG-TERM
DEVELOPMENT PLANS FOR AN EFFICIENT TRANSPORTATION SYSTEM

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 and Congestion Crisis
Act of 2016."

SECTION 2. Declaration of the Existence of Traffic and Congestion Crisis. - The
traffic and congestion crisis in Greater Metro Manila and other highly urbanized cities
and areas in the country has attained the magnitude of a national emergency. With the
increasing volume of motor vehicles plying inadequate roads and highways in the
metropolis and in other growing cities, increasing air passenger traffic beyond the capacity
‘of the country's existing terminals, and heavy congestion of ports, Philippine
transportation infrastructure has been unable to keep up with the demands of a rising
economy and growing population. These result in severe disruption of the normal Filipino
family life and in billion-peso losses in terms of overall productivity, health risks and
social costs,

‘Thus, the existence of. traffic and congestion crisis in Greater Metro Manila, other highly
urbanized cities, and other areas in the country is hereby declared.


SECTION 3. Declaration of Policy, It is hereby declared a State policy to adopt adequate
and effective measures that will immediately address the crisis brought about by land, air,
and sea traffic congestion and mass transportation shortage in Greater Metro Manila, other
highly urbanized cities, and other areas around the country.

Consistent with the Constitutional mandate to promote the general welfare and social
justice in all phases of national development, the State shall promote a shift towards safe,
secure, efficient, viable, competitive, dependable, integrated, environmentally
sustainable, people-oriented, seamless, and inclusive transportation system 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 traffic and
congestion crisis. The State shall also properly plan infrastructure projects that will
respond to this paradigm shift in the transportation system, increase mobility options of
the general public, and promote the use of alternative modes of transportation to address
the crisis and increase economic productivity and tourism appeal.

The extraordinary remedy of granting emergency powers to the President or Executive
Branch is for the purpose of addressing this national emergency and is limited to the
period specified in this Act. In line with this, the State shall, after the period of the
emergency, adopt short-term, mid-term, and long-term development plans for the efficient
and cheaper transport of people and delivery of goods and services, as well as a
comprehensive long-term national transport policy, in order to sustain the significant
gains and to meaningfully reduce the risk of a traffic and congestion crisis from happening
again in the future.

SECTION 4. Definition of Terms, - For purposes of this Act, the following terms shall
mean:

a, "Emergency Powers" - The authority granted by Congress to the President under
Section 23 (2), Article VI of the 1987 Philippine Constitution, to exercise, for a
limited period and subject to such restrictions as the former may prescribe, powers
necessary and proper to carry out a declared policy.

b. "Traffic and Congestion Crisis" - The current traffic situation, both land and air-
based, the nature of which constitutes a national emergency.

c. "Greater Metro Manila" - The National Capital Region (NCR) of the Philippines
and the provinces of Rizal, Bulacan, Cavite, Laguna, and Batangas;

d. "Other Highly Urbanized Cities" - Identified cities in the Philippines, such as but
not limited to Metro Cebu and Metro Davao, which are on the threshold of full
urbanization and motorization, with the carrying capacities of the road network in


urban centers, notably at the city centers or Central Business Districts (CBDs), on
the verge of being unable to cope with the increasing volume of vehicles,

e. "Other Areas" or "Areas" - Other areas which, while not being part of Greater
Metro Manila and Other Highly Urbanized Cities, are also experiencing a high
level of traffic congestion or where such congestion is imminent,

f. "Procuring Entity" - Any branch, department, office, agency, or instrumentality of

the government procuring goods, infrastructure, and consulting services for

‘Transportation Projects, as hereinafter defined.

"Transportation Project" - A project involving the construction, repair,

rehabilitation, improvement, operation, or maintenance of any public

transportation facility to ensure the safety and convenience of the commuting
public, including all projects aimed at reducing traffic congestion in Greater Metro

Manila and Other Highly Urbanized Cities and Areas.

®

SECTION 5. 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 State policy. As such, the President, along with the heads of the
departments and agencies under the Executive Branch involved in transportation and
traffic management projects and issues, is hereby granted Emergency 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 traffic
and congestion crisis, unhampered by existing laws, agreements, regulations, court orders,
and procedures that may cause delay in addressing the crisis.

SECTION 6. Creation, Reorganization and Abolition of Offices. - The President may
reorganize and rationalize the existing structure of the Department of Transportation
(OTH), Land Transportation Office (LTO), Land Transportation Franchising and
Regulatory Board (LTFRB), Civil Aviation Authority of the Philippines (CAAP), Civil
‘Aeronautics Board (CAB), Metro Manila Development Authority (MMDA), the Highway
Patrol Group of the Philippine National Police, and all other agencies in the transportation
sector.

To this end, the President may abolish, merge, split, or create agencies, offices and
positions; realign funds for the purpose; adopt a rationalization plan, transfer functions,
equipment, properties, records and personnel; institute drastic cost-cutting measures; and
take such other related actions necessary to carry out the declared State policy. As far as
practicable, and 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.


Nothing in this Section shall result in the diminution of the present salaries and benefits
of the personnel of agencies that may be affected by such reorganization and
rationalization: Provided, That any official or employee whose employment is terminated
by reason thereof shall be entitled to such benefits as may be determined by the Office of
the President, in coordination with the Commission on Audit (COA) and the Civil Service
Commission (CSC).

SECTION 7. Formulation of the Decongestion and Transportation Network Reform
Plan. - The Executive Branch shall adopt a comprehensive, integrated and sustainable
Decongestion and Transportation Network Reform Plan (hereinafter the "Plan").

‘The Plan shall provide a roadmap and list of projects for the national and local intermodal
transport system aimed at decongesting Greater Metro Manila and Other Highly
Urbanized Cities and Areas, with the end in view of spurring development in all regions
in the country, providing sufficient transport infrastructure and linkages, and ensuring
transport safety and security.

SECTION 8. Appointment of a Traffic Crisis Manager. - The Secretary of the
DOTr is hereby designated as the Traffic Crisis Manager. As such, he shall exercise
overall traffic management and control, as well as oversee the implementation of the Plan.

SECTION 9. Single Authority over Traffic Management. - For the duration of the
emergency powers herein granted, all the powers, authority, and functions over land
traffic management of the Metro Manila Development Authority (MMDA) ander Section
3 (b), Section 5 (e) and (f) and other related provisions of Republic Act No. 7924, Local
Government Units under Sec 447 (4) (vi) and Sec 458 (5) (v) of the Local Government
Code of 1991, Land Transportation Office (LTO), Land Transportation Franchising and
Regulatory Board (LTFRB), Philippine National Police (PNP), Toll Regulatory Board
(TRB), and the Philippine Ports Authority (PPA), the powers, authority and functions over
air route and airway facilities, air traffic service and air navigation of the Civil Aviation
Authority of the Philippines (CAAP), Civil Aeronautics Board (CAB), Manila
International Airport Authority (MIAA) and other agencies and instrumentalities involved
in air transportation, and the powers, authority and functions over seaports of the
Philippine Ports Authority (PPA) shall all be vested in the Traffic Crisis Manager.

SECTION 10. Powers of the Traffic Crisis Manager.- The Traffic Crisis Manager
shall have the following powers:

A. Land-based transportation.

The Traffic Crisis Manager may modify, amend, or expand the functions of the MMDA,
LTO, LTFRB, PNP and TRB, as well as override the permits and licenses issued by the
said agencies, the traffic ordinances of affected Local Government Units, and other
relevant rules and procedures


He/She may also implement such measures as exigencies may require, including, but not
limited to, the following

a. Integration of different transportation modes to the public transport infrastructure
network;
Takeover and operation of public transport systems and infrastructures;

c. Rationalization of public transport routes, intermodal terminals, and rail
alignments;

d. Transfer and relocation of transport terminals,

e. Modernization of common carriers and standardization of prescribed specifications
for them;

£ Adoption of regulatory policies on vehicle ownership and parking:

g. Issuance and revocation of driver's licenses;

h. Construction of structures or implementation of roadworks that improve traffic
flow;

i. Rapid response to road safety and traffic-blocking accidents and incidents;

j. Implementation of the number coding scheme and other traffic volume reduction
schemes;

k. Opening up of private roads, whether or not with the imposition of toll fees, as

additional access points for motorists;

Implementation of emission testing for motorists, free of charge;

m. Implementation of staggered work hours in government offices; and

Mandating of ride-sharing and other transportation demand ‘management

programs, with the establishment of carpool lanes on main thoroughfares

Fy

B. Rail Transportation and Toll Roads.

The Traffic Crisis Manager may override the LRTA, PNR, TRB, and other pertinent
government agencies or instrumentalities, with respect to regulations, permits, and
licenses issued by them, as well as other relevant rules and procedures, and implement
such other measures as exigencies may require. These include, but are not limited to, the
following:

a. When necessary for the development in the subsurface or subterranean portion of
any private or government lands of such infrastructure projects as subways and any
other transport conveyances, the Traffic Crisis Manager, through the LRTA or the
PNR, or his/her authorized representative, shall not be prevented from entering
into, using perpetually, and exercising other necessary rights over such subsurface
or subterranean portions. If such portions are located fifteen (15) meters or more
from the surface, the entry and use shall be free of charge;

b. The Traffic Crisis Manager, through the PNR, or his/her authorized representative,
shall have the authority to reclaim and eject the current occupants, free of charge,


but subject to applicable resettlement laws and policies, of all properties owned by
or forming part of the right of way of PNR, which are currently being occupied by
third parties without any valid written contract with the PNR that is supported by
sufficient consideration: Provided, That the current occupier may continue using
the concemed PNR property if such occupier delivers to PNR ownership or
perpetual usufruct over equivalent land, and/or enter into a written agreement with
PNR for its continued use of the concemed property, supported by sufficient
consideration;

‘The Traffic Crisis Manager and the LRTA shall have the authority to procure rail
system spare parts which are of limited availability (due to being Original
Equipment Manufacturer [OEMI parts, limited supply chain, or the suppliers’
unwillingness to supply in small quantities) in numbers or volumes that exceed the
relevant rail system's inventory requirements for one year, as may be determined
by the Traffic Crisis Manager or the LRTA. The type of spare parts covered by this
authority and the number or volume thereof that may be procured shall, in any case,
be consistent with international best practices; and

The Traffic Crisis Manager, through the LRTA or PNR, or his/her authorized
representative shall have the authority to acquire any land or property for the purpose of
developing future rail projects, in order to minimize cost of acquisition, and maximize
value capture opportunities for government.

&

Air-based Transportation.

The Traffic Crisis Manager may override regulations, permits, and licenses, as well as
relevant rules and procedures.

He/She may also implement such measures as exigencies may require, including, but not
limited to, the following:

a.

b,
c.
d.
e.
f

Comprehensive evaluation of the airports, current airspace, runway, and terminal
capacities, air traffic and surface operation, and runway access points;
Optimization of existing airports and transfer to alternative airports;

. Development of new airports;

Augmentation of the air and land-side facilities;

Relocation of general aviation activities;

Grant of exemption from travel tax and excise tax on aviation fuel for Clark
International Airport and other airports toincrease utilization thereof, and

. Hastening of ground servicing of aircrafts and adjustment of passenger loading

times.

Seaports


The Traffic Crisis Manager may modify, amend, or expand the functions of Philippine
Ports Authority (PPA) and Maritime Industry Authority (MARINA), and override their
permits and licenses, as well as relevant rules and procedures.

He/She may also implement such measures as exigencies may require, including, but not
limited to, the following:

a. Expansion of the capacity of the Port of Manila to receive cargo;

b. Shifting of international container traffic to Batangas and Subic ports;

c. Staffing of Batangas and Subic ports with sufficient Bureau of Customs (BOC) and
PPA personnel;

d. Provision of cargo handling equipment, berth capacity, and container yard capacity
that are commensurate to the volume of cargo and transaction targeted to be
diverted from the Port of Manila;

e. Construction of a new and large deep-sea port outside Metro Manila to be
identified under the Plan; and

f. Adoption of a rationalization plan for future port development and investment
programs for ports in the National Capital Region, Central Luzon, and the Southern
Tagalog Region.

SECTION 11. Power of Eminent Domain. - All concerned government agencies shall
coordinate and jointly work with the Traffic Crisis Manager for the immediate resolution
of congestion and other issues on transport and traffic infrastructure, This shall include
the exercise of the power of eminent domain for right-of-way acquisitions necessary for
infrastructure projects or public convenience.

‘The definition of "national government projects" under Republic Act No. 10752 shalll be
deemed to include projects for the resettlement of informal settlers or other persons or
families affected by any national government infrastructure project implemented pursuant
to Republic Act No, 6957, as amended by Republic Act No. 7718;

SECTION 12. Special Modes of Procurement for Transportation Projects. - The Traffic
Crisis Manager, is hereby authorized to adopt the following modes of procurement for
goods, infrastructure, and consulting services for Transportation Projects aimed at the
reduction of traffic congestion in Greater Metro Manila and Other Highly Urbanized
Cities and Areas:

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


b. 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; and

¢. Direct Negotiation of Contracts, which involves direct negotiation 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.

Exemption shall be granted from all taxes and fees due on the transfer of assets, whether
nominally or beneficially, from the government to a private sector concessionaire of a rail
PPP project, and from the private sector concessionaire back to the government at the end
of the concession period: Provided, That this exemption shall only apply to rail PPP
projects signed and executed after the effectivity of this Act.

SECTION 13. 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 government direction, to restrain, prohibit or compel the
following acts:

a. Acquisition, clearance, and development of the right-of-way, site or location of any
transportation project identified by the Traffic Crisis Manager,

b. Procurement of transportation projects, including infrastructure projects, goods,
and consulting services; 7

c. Commencement, prosecution, execution, implementation, operation of any
transportation project;

d. Termination or rescission of any Transportation Project; and

. Undertaking or authorization of any other lawful activity necessary for any
Transportation Project.

SECTION 14. Right to Information. - Upon perfection of each contract entered into by
the Government pursuant to Section 12 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 15. Duration of Powers. - The authority granted to the Executive Branch
under this Act shall be valid and effective for a period of three (3) years from the
effectivity hereof, unless sooner withdrawn by a joint resolution of Congress, without
prejudice to rights and benefits that may have been vested and liabilities that may have
been incurred in the meantime.



SECTION 16. Oversight Committees. - There is hereby created an Oversight Committee
in each House of Congress, which shall monitor the implementation of this Act and the
exercise of the powers herein granted. Each Committee shall be composed of five (5)
members, to be designated by the Senate President, in the case of the Senate, and the
Speaker, in the case of the House of Representatives.

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

SECTION 17. Report to Congress, - The Executive Branch shall submit a quarterly
report to Congress on the implementation of this Act.

SECTION 18. Private Legal Assistance and Indemnification. - The Traffic Crisis
Manager and his subordinates may, at costs to the government, engage the legal services
of private lawyers whenever criminal or civil cases are filed against them in connection
with the lawful exercise of their functions and duties hereunder, and shall be indemnified
for all other costs and expenses incurred in connection with such cases.

SECTION 19, Funding. - The amount needed for the implementation of this Act shall
be sourced from the following:

a, The Motor Vehicle Users Charge Fund under RA 8794;

b. Ten per centum of the Philippine Amusement and Gaming Corporation annual
aggregate gross earnings; and

c, Current fiscal year’s appropriation of the agencies involved in the implementation
of this Act,

SECTION 20. Transitory Provision. - As far as practicable, the provisions of this Act
shall apply to all procurements which have already commenced but with no Notice of
Award yet issued,

SECTION 21. 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 22. 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 23. Effectivity. - This Act shall take effect fifteen (15) days following the
completion of its publication in two (2) newspapers of general circulation.