Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
Second Regular Session
5242

HOUSE BILL NO.

Introduced by Honorable Sherwin T. Gatchalian

EXPLANATORY NOTE

This bill seeks to establish the National Traffic Enforcement
and Management Center.

Efficient traffic enforcement is an essential element of every
road safety policy; hence, the importance of a competent traffic
enforcement corps cannot be underestimated. Traffic enforcers play
a vital role in maintaining public order and safety in our roads. A
properly trained traffic enforcer coupled with the best practices in
the enforcement of traffic laws will ensure a safer road for the
public particularly to motorists and pedestrians.

This measure intends to establish a National Traffic
Enforcement and Management Center which shall have the
mandate to build capacity of our traffic enforcers by providing them
formal trainings and instruction in all the areas of traffic
enforcement and management including enforcement, road safety,
accident investigation, driver training, post accident management,
and understanding violations. The National Traffic Enforcement and
Management Center shall also be responsible in educating the
public about the proper observance of our traffic and road laws and
in scientifically researching the causes and consequences of road
collisions and accidents as well as preparing effective systems for
their analysis in order to provide remedial measures.


"The National Traffic Enforcement and Management Center
shall be the primary training center for all traffic enforcement
personnel in the country and a certification from the center shall be
necessary for the deputization of traffic enforcement personnel of
local government units.”

Another important function of the National Traffic
Enforcement and Management Center is to undertake road safety
audits on highways and road transportation projects and traffic
management schemes and to identify road risks and hazards.
Developing a methodology for teaching road safety education to the
public particularly to primary and tertiary students through the
existing academic curriculum subjects and training 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 shall also be done by the
proposed National Traffic Enforcement and Management Center.

In view of the foregoing, approval of this Act is earnestly
requested,

. Gatcht
istrict, Valenzuela City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
Second Regular Session

HOUSE BILL No.__5242

Introduced by Honorable Sherwin T. Gatchalian

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 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 and Communications 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
road 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 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 foreign sources, 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;


d) ‘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 others in which it has a
lawful interest; and

) 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 and Communications, as
chairperson;

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

3) Secretary of the Interior and Local Government, as

member;


4) Director General of the Technical Education and Skills
Development Authority (TESDA), as member;

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

6) 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 and Communications, in
consultation with the 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
law as 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;

c) 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 ail interests that shall accrue
therefrom shall form part of the same fund for the use of the
Traffic Center.

Any provision 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 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;


e) To authorize the construction or repair of the
buildings, equipment and other facilities, and the purchase and
acquisition of real and personal 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 appoint, upon the recommendation of the Executive
Director of the Traffic Center, the officials and employees of the
Traffic Center in accordance with a staffing pattern duly approved
by the Board;

g) To fix and adjust the salaries of officials and employees
subject to the provisions of the Revised Compensation and
Position Classification System, as amended, and other pertinent
budget and compensation laws 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;


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

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

j) 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;

k) To develop consortia and other forms of linkages with
LGUs, institutions and agencies, both public and private, local
and foreign, in furtherance of the purposes and objectives of the
Traffic Center;

1) 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


m) 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 for board 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 Traffic Center shall be appointed by the
Board upon the recommendation of the Chairperson of the
MMDA. The Traffic Center 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 six (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 recommend, coordinate and administer the
programs and projects of the Traffic Center;

c) 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;

d) 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

e) To exercise such other powers and to discharge such
other 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

b) Set up its organizational and administrative structure
including the 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. All
LGUs shall endeavor to provide their personnel who are involved
in traffic management and enforcement with the opportunity to
train at the Traffic Center. LGUs shall coordinate with the Traffic
Center for the conduct of training programs in their respective
localities.

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. Likewise, 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. Auditing.- All accounts and expenses of the
Traffic Center shall be audited by the Commission on Audit or its
duly authorized representative.

SEC. 14. 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 annual report on the progress, conditions and needs of
the Traffic Center.

SEC. 15, 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 as 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. 16. Repealing Clause.- All laws, presidential
decrees, executive orders, memoranda, rules and regulations
contrary or inconsistent with the provisions of this Act are hereby
repealed, amended, or modified accordingly.

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

SEC. 18. Effectivity. - This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or in a newspaper
of general circulation.

Approved,