Republic of the Philippines
House of Representatives
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 7886

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

EXPLANATORY NOTE

In 2017, the Philippines lost an estimated P3.5 billion a day due to traffic congestion in Metro
Manila while traffic costs in Bulacan, Laguna, Cavite, and Rizal amounted to P2.3 billion.'
However, a COA 2015 audit report of the MMDA shows that 927 out of the 2,382 personnel
under the Traffic Enforcement Group who were deployed to handle traffic did not receive
sufficient training to handle traffic.”

Efficient traffic enforcement is an essential component in not just reducing the worsening
traffic congestions in several parts of the country but also in preventing road accidents
nationwide. Traffic enforcers play a crucial role in achieving these goals.

As such, this bill seeks to establish a National Traffic Enforcement and Management Center
which will be responsible for the capacity-building of traffic enforcers in the country,
assessment of road transportation projects and traffic management schemes, and research on
road accidents. The Traffic Center will create a mandatory program for the formal instruction
and training of traffic law enforcement officers, not just in Metro Manila but in local
government units and/or national government agencies. It addresses the systemic lack of
training among traffic enforcement personnel which contributes to the worsening traffic
situation in the country especially in urban areas by providing sufficient, comprehensive, and
continuous trainings of newly hired and existing enforcers for effective traffic and
transportation management. Moreover, it seeks to promote greater understanding and
promotion of our land transportation system and traffic management specifically on issues on
road safety, enforcement, accident investigation, driver training, post-accident management,
traffic engineering, and understanding of violations.

' “PH loses P3.5B a day due to Metro Manila traffic — JICA,” CNN Philippines, February 24, 2018,
hp://emnphilippines.contransportation/2018/02/23/JICA-P3.5-billion-traffic. html

2 Commission on Audit, “Executive Summary: Metropolitan Manila Development Authority 2015,” July 11,
2016, https://www.coa.gov.ph/index.php/component/phocadownload/category/5890-metropolitan-man
development-authority#



In view of the foregoing, the immediate passage of the bill is earnestly sought.

FRED VARGAS


Republic of the Philippines
House of Representatives
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. _'7886

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

AN ACT
ESTABLISHING THE NATIONAL TRAFFIC ENFORCEMENT
AND MANAGEMENT CENTER, DEFINING ITS POWERS,
FUNCTIONS AND DUTIES, AND APPROPRIATING FUNDS
THEREFOR

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 "National Traffic
Enforcement and Management Act."

SEC 2. National Traffic Enforcement and Management Center. — There is hereby
established a National Traffic Enforcement and Management Center, hereinafter
referred to as the Traffic Center, which shall be attached to the Department of
Transportation for policy and program coordination.

SEC. 3. Purposes and Objectives. — The Traffic Center shall have the following
purposes and objectives:

a) To build capacity of traffic enforcers through trainings and instruction in
all the areas of traffic management including road safety, enforcement,
accident, investigation, driver training, post-accident management,
traffic engineering, and understanding violations;

b) To train personnel involved in traffic enforcement and management in
analyzing accidents and accident-prone areas, potential risk parameters,
speed analysis, volume counts, study of violations and the identification
of deficiencies in geometric design, road infrastructure, and engineering
principles;

c) To assess the capability of traffic enforcement and management personnel of
the various local government units (LGUs)

d) To scientifically research the causes and consequences of road collisions and
accidents as well as prepare effective systems for their analysis in order
to provide remedial measures;


e) To undertake road safety audits on highways and road transportation
projects and traffic management schemes and to identify road risks and
hazards;

f) To develop a module and methodology for teaching and safety education to
the public particularly to primary and tertiary students through the existing
academic curriculum subjects;

g) To train the public in the basics of road traffic laws, driver education and
behavior, current status of road environment and enforcement, causes and
hazards which lead to road accidents, and post-accident management; and

h) To perform such functions related to road traffic enforcement, education
and management that will redound to the benefit of the public.

Sec. 4. Powers of the Traffic Center. — The Traffic Center shall have the following powers:
a) To adopt, alter and use of an official seal;

b) To collect, receive and maintain a fund or funds from government
appropriations and from donations, grants, gifts, bequests, loans from
domestic and foreignsources, and to apply the income and principal
thereof to the promotion of its aims and purposes;

c) To own, manage and hold such real and personal property as shall be necessary
for the Traffic Center's purposes;

4) In furtherance of its purpose and objectives, to extend financial assistance
to, and enter into contracts of every kind and for any lawful purpose, with
any person, firm, association or corporation, domestic or foreign, or other
in which it has a lawful interest; and

S

In general, to do all such acts and things as may be necessary to carry
into effect the provisions of this Act.

The administration of the Traffic Center and the exercise of its corporate
powers shall be vested exclusively in its Board of Trustees.

SEC. 5. The Governing Board; Manner of Appointment. —

a) Composition— The governing body of the Traffic Center shall be the Board
of Trustees, hereinafter referred to as the Board, composed of the following:

1) Secretary of Transportation, as chairperson;

2) Chairperson of the Metro Manila Development Authority (MMDA), as
co-chairperson;

3) Secretary of the Department of Interior and Local Government
(DILG), as member;


4) Director of the National Center for Transportation Studies, as
member; and,

5) Two (2) private sector representatives who have distinguished
themselves in their professions and in their field of specialization
related to the core competency of the Traffic Center, as members.
The two (2) private sector representatives shall be appointed by
the President of the Philippines upon recommendation of the Secretary
of Transportation, in consultation with other members of the Board.

b) Term of Office - The private sector representatives shall serve for a term of
two (2) years from the date of appointment.

Sec. 6. Powers and Duties of the Board of Trustees. — The Board shall have the
following specific powers and duties in addition to its general powers of
administration and the exercise of all powers granted to the board of directors of a
corporation under existing laws.

a) To promulgate rules and regulations, not contrary to laws, which may
be necessary to carry out the purposes and functions of the Traffic Center

b) To receive and appropriate all sums as may be provided for the support
of the Traffic Center in the manner it may determine, in its discretion, to
carry out the purposes and functions of the Traffic Center;

©) To receive in trust legacies, gifts and donations of real and personal
properties of all kinds, to administer and dispose of the same when
necessary for the benefit of the Traffic Center, subject to limitations,
directions and instructions of the donor, if any.

Such donations shall be exempt from the donor's tax and the same shall
be considered as allowable deductions from the gross income in the
computation of the income tax of the donor, in accordance with the
provisions of the National Internal Revenue Code, as amended: Provided,
That such donations shall not be disposed of, transferred or sold;

d) To fix fees and other necessary charges including training fees as the
Board may deem proper to impose. Such fees and charges, including
government subsidies and other incomes generated by the Traffic Center,
shall constitute a special trust fund and shall be deposited in any
authorized government depository bank, and all interests that shall
accrue therefrom shall form part of the same fund for the use of the
Traffic Center.

n of existing laws, rules and regulations to the. contrary
notwithstanding, any income generated by the Traffic Center from
training fees and other charges, as well as from the operation, of
auxiliary services and land grants, shall be retained by the Traffic Center,
and may be disbursed by the Board for instruction, research, extension,
or other programs and projects of the Traffic Center.



If for reasons beyond its control, the Traffic Center shall not be able to
pursue any project for which funds have been appropriated and allocated
under its approved program of expenditures, the Board may authorize the
use of the said funds for any reasonable purpose which, in its discretion,
may be necessary and urgent for the attainment of the objectives and goals
of the Traffic Center;

¢) To authorize the construction or repair of the buildings, equipment and other
facilities, and the purchase and acquisition of real and perrlonal
properties, including necessary supplies, materials and equipment.
Purchases and other transactions entered into by the Traffic Center
through the Board shall be exempted from all taxes and duties;

f) To fix and adjust the salaries of officials and employees subject to the
provisions of the Revised Compensation and Position Classi
System, as amended, and other pertinent budget and compens:
governing hours of service, and such other duties and conditions as it may
deem proper, to grant them at its discretion, leaves of absence under
regulations as it may promulgate any provision of existing law to the
contrary notwithstanding; and to remove them for cause in accordance with
the requirements of due process of law;

g) To approve the institutional programs, projects and rules of discipline drawn
by the Executive Director of the Traffic Center;

h) To establish research and extension centers of the Traffic Center where such
will promote the development of the latter;

i) To delegate any of its powers and duties provided for hereinabove to the
Executive Director or other officials of the Traffic Center as it may deem
appropriate so as to expedite the administration of the affairs of the
Traffic Center;

j) To develop consortia and other forms of linkages wil 11. LGUs, institutions
and agencies, both public and private, local and foreign, in ft rtherance
of the purposes and objectives of the Traffic Center;

k) To develop arrangements for institutional capability building with
appropriate institutions and agencies, public or private, local or foreign, and
to appoint experts or specialists as consultants, or visiting or exchange
trainers, researchers, as the case may be; and

l) To establish policy guidelines and procedures for participative decision-
making and transparency within the Traffic Center;

SEC. 7. Board Meetings; Quorum. — The Board shall regularly convene at least
once every quarter. The Chairperson of the Board of Trustees may call a special
meeting, whenever necessary: Provided, That members are notified in writing at
least three (3) days prior to said meeting.


‘A majority of all members holding office shall constitute a quorum forboard meetings.
The members shall serve without compensation, but they shall be reimbursed for
necessary expenses incurred in their attendance of meetings of the Board or in
connection with their official business authorized by resolution of the Board,
subject to existing laws and regulations.

SEC. 8. Executive Director of the Traffic Center Term of Office; Powers and
Duties. — The administration of the Traffic Center shall be vested in an Executive
Director who shall render full-time service. The Executive Director shall be appointed
by the Board upon the recommendation of the Chairperson of the MMDA. Hen shall
have a term of four (4) years and shall be eligible for reappointment for another
term.

In case of vacancy by reason of death, compulsory retirement, resignation, removal for
cause or incapacity of the Executive Director to perform the functions of the office, the
Board shall have the authority to designate an officer-in-charge of the Traffic Center
within (6) months from the date of vacancy, pending the appointment of a new
Executive Director.

In case of vacancy in the office of the Executive Director as mentioned in the
immediately preceding paragraph, the successor shall hold office only for the
unexpired portion of the term.

The salary of the Executive Director of the Traffic Center shall be in accordance with
the Revised Compensation and Position Classification System, as modified by
Joint Resolution No. 4 dated June 17, 2009 and other pertinent budget and
compensation laws, and shall be comparable to that being received by the
presidents of higher education institutions.

The Executive Director of the Traffic Center shall exercise the following powers and
duties:

a) To submit for the consideration of the Board of Trustees the policies and
measures necessary to carry out the purposes and objectives of the Traffic
Center;

b) To appoint the officials and employees of the Traffic Center in accordance
with a staffing pattern duly approved by the Board;

) To recommend, coordinate and administer the programs and projects of the
Traffic Center;

d

To direct and supervise the operations and internal administration of the
Traffic Center, and to delegate administrative responsibilities in
accordance with the rules and regulations of the Traffic Center;

e) To submit an annual report to the Board of Trustees setting forth the
work of the Traffic Center during the year, its financial operations and
status, and a program and budget for the ensuing year; and

f) To exercise such other powers and to discharge such ‘either functions as
may be vested in him by the Board of Trustees.


SEC. 9. Secretary. — The Board shall appoint a Secretary, who shall serve as such for
both the Traffic Center and the Board, and shall keep all records of the Board.

SEC. 10. Treasurer. — The Treasurer of the Philippines shall be the ex-officio
Treasurer of the Traffic Center.

SEC. 11. Development Plan; Organizational and Administrative Structure. — Within one
hundred twenty (120) days after the approval of this Act, the Traffic Center shall
accomplish the following:

a) Submit to the President of the Philippines and to both Houses of Congress a
five (5) year development plan, including program budget; and

including the

b) Set up its organizational and administrative structure,
appointment of key officials of the Traffic Center.

SEC. 12. Training of Local Government Units Personnel. ~ The Traffic Center shall
primarily cater to the training needs of traffic enforcers of LGUs in the country. The
training program shall be crafted and developed by the Traffic Center in
coordination with the Traffic Education Division (TED) and the Institute of Traffic
Management of the MMDA.

The head and supervisors of the traffic management office of an LGU, or its equivalent
office, shall be required to undergo training at the Traffic Center not later than ninety
(90) days upon assumption to office. All other personnel who are involved in traffic
management and enforcement in LGUs are also mandated to undergo the training
established by the Traffic Center. LGUs shall coordinate with the Traffic Center for
the conduct of training programs in their respective localities. Traffic enforcement
personnel of LGUs shall obtain a certification from the Traffic Center that they have
undergone the necessary training to continue in the performance of their functions
not later than six (6) months from appointment or hiring as a traffic enforcement
personnel.

The Traffic Center shall likewise organize a core group of trainers who will train traffic
enforcers of the various LGUs.

As used in this Act, a traffic management office refers to the office of an LGU in
charge of setting policies concerning traffic in and responsible in coordinating and
regulating the implementation of all programs and projects concerning traffic
management in the LGU specifically those that pertains to enforcement,
engineering and education.

SEC. 13. Continuous Training Program. The Traffic Center shall create further
trainings as may be necessary given new research findings and technologies. All
heads, supervisors, and personnel involved in traffic enforcement in LGUs shall
likewise undergo these trainings and obtain the certification from the Traffic
Center to continue in the performance of their functions.

SEC. 14. Auditing. — All accounts and expenses of the Traffic Center shall be


audited by the Commission on Audit or its duly authorized representative.

SEC. 15. Filing of Report. — Not later than the thirtieth day of December, the Board
shall file with the Office of the President of the Philippines and to both Houses of
Congress, a detailed animal report on the progress, conditions and needs of the
Traffic Center.

SEC. 16. Endowment Fund. — There is hereby established an Endowment Fund
which shall be self-sustaining and shall consist of contributions, donations, grants,
or loans from domestic and foreign sources, government subsidies, and other income
accruing from the earnings of the Traffic Center. The amount of One hundred million
pesos (P100,000,000.00) is hereby appropriated from any fund in the National
Treasury not otherwise appropriated for the initial organization and operations of
the Traffic Center. Thereafter, such sums are may be necessary for the continued
operation and maintenance of the Traffic Center shall be generated by the Traffic
Center from the earning of this Endowment Fund.

SEC. 17. Repealing Clause. — Any law, presidential decree or issuance, executive order, letter
of instruction, administrative order, rule, or regulation, contrary to or inconsistent with the
provisions of this Act is hereby repealed, modified, or amended accordingly.

SEC. 18. Separability Clause. — If any provision or part of this Act is held unconstitutional or
invalid, the remaining parts or provisions not affected shall remain in full force and effect.

SEC. 19. Effectivity. — This Act shall take effect fifteen (15) days after its publication in at
least two (2) newspapers of general circulation.

Approved,