Republic of the Philippines { 42 SEP 2014 0)

HOUSE OF REPRESENTATIVES . { “f ory
Quezon City Xz > yet
SIXTEENTH CONGRESS

‘Second Regular Session

HOUSE BILL NO. 5035

INTRODUCED BY HONORABLE GAVINI “Apol” C. PANCHO

EXPLANATORY NOTE

It is the declared policy of the State to ensure an improved quality of life for all
through continuing efforts to improve physical structures in our communities. This
underscores the fact that mere presence of infrastructure is not relevant if the
availability or accessibility of services to users is impeded due to congestion or severe
deterioration. More critically, the quality and efficiency of the existing infrastructure must
be examined because infrastructure’s actual contribution to economic development is
through improvement in the quality of life and its positive effects on private sector output
and productivity.

Efforts of the State therefore to protect public health and safety, particularly of
our pedestrians, should always be integrated in the policies and plans of our national
and local governments. This includes making sure that our public structures like
pedestrian overpasses provide for the safety, convenience, visibility, shelter and shade,
attractive and clean environment for pedestrians.

Currently there is no national legislation to address this important concern. This
bill seeks to address this need and help guarantee that our pedestrians will not only
become safe from vehicular traffic, but also from inclement weather and other hazards
and nuances to improve the general quality of life of our citizens

With this purpose in mind, the immediate approval of this. bill
requested.

strongly


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SIXTEENTH CONGRESS
‘Second Regular Session

HOUSE BILL NO. _ 50 35

INTRODUCED BY HONORABLE GAVINI “Apol” C. PANCHO

AN ACT REQUIRING ALL PEDESTRIAN OVERPASSES TO BE MADE CLIMATE
CHANGE FRIENDLY, AND PROVIDING PENALTY FOR VIOLATION THEREOF;

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

SECTION 1. Short Title. --- This Act shall be known as “Pedestrian Overpass
Act of 2014".

SECTION 2. Declaration of Policy. it is hereby declared that:

The State shall pursue a policy to protect and promote the rights of the people to
health, a balanced and healthful ecology and instill health consciousness among them.
It shall pursue a policy of sustainable development, balancing progress, the protection
of the environment, and the health and welfare of its people. This includes recognizing
the mandate of the State provide public structures to protect the welfare and safety of
the commuting public, all road users and pedestrians from all road hazards and
inclemency of weather.

Towards this end, the State shall require that all pedestrian overpasses shall be
properly constructed to address protection of the public from inclement weather and
guarantee the safety of pedestrians using the facility.

SECTION 3. Definition of Terms.

“Approved Budget for the Contract’ refers to the budget for the contract duly
approved by the Sanggunian in the case of LGUs. “Approved Budget for the Contract’,
and ‘Approved Budget” shall have the same meaning and shall be used
interchangeably.


"DPWH" means the Department of Public Works and Highways which maintains
exclusive control over national RROWs.

"Intersections" are common surface areas or spaces shared by two (2) or more
national RROWs, similar ROWs or legal easements or a mix of such public spaces,
which form part of the public domain.

"IRR" means the Implementing Rules and Regulations.

"LGU" means the Local Government Unit (LGU) as defined under RA. No. 7160,
otherwise known as the 1990 Local Govemment Code.

“Lighting System" means the luminaries/ complete lighting units, power source
and connections, controls and all support structures/ devices that ensure the continuous
illumination of a display.

“Pedestrian” shall mean any person who is afoot or who is using a wheelchair,
roller skates, skateboards or a means of conveyance propelled by human power other
than a bicycle.

“Pedestrian Overpass” means any portion of a roadway, designated by by-law
of a municipality, at an intersection or elsewhere, distinctly indicated for pedestrian
crossing by signs on the highway and lines or other markings on the surface of the
roadway as prescribed by the regulations;

SECTION 4. Scope. This Act shall cover all existing overpasses found in
municipalities and cities in the country.

SECTION 5. Regulation of Pedestrian Overpasses. Existing pedestrian
overpasses shall be modified and rehabilitated according to the requirements of this
Act. Likewise the Approved Budget for the Contract of pedestrian overpasses that will
be erected, modified, rehabilitated or otherwise altered from the date of implementation
of this Act shall include expenses for strict compliance with the following requirements:

a) Sufficient Lighting. All parts of pedestrian overpasses shall have
sufficient light to insure safety and protection of life and property. The average light
intensity measured at floor level shalll be not less than 200 LUX.

b) Shade and Shelter. Pedestrian overpasses including its stairways shall
be designed to ensure that pedestrians will be secured against displacement by wind
forces, rain and exposure to heat of the sun.

c) Safety. Railways and other safety features including appropriate signage,
visibility, angle of inclination of stairways, and barriers shall be mandatory in the design
of all pedestrian overpasses.


SECTION 6. Responsibility for Administration and Enforcement. it shall be
the primary duty of the DPWH and LGUs, in collaboration with the Professional
Regulatory Boards (PRBs) of Architecture and Environmental Planning to effectively
enforce the provisions of this Act. All duly constituted law enforcement agencies and
officers of national, provincial, city or municipal govemment or of any political
subdivision thereof, shall, upon the call or request of the DPWH, render unqualified/
unconditional assistance in enforcing the provisions of this Act and to prosecute any
person violating the provisions of the same. The Secretary of Justice or his duly
designated representative shall act as legal adviser to the DPWH and shalll render legal
assistance as may be necessary in carrying out the provisions of this Act.

SECTION 7. Appropriation. The initial funding required for the implementation
of this Act shall be sourced from the savings of the Executive Branch of the government
and other possible sources that may be determined by the Office of the President, and
subsequent funds needed shall be included in the General Appropriations Act for the
year following the implementation of this Act.

SECTION 8. Implementing Rules and Regulations. Within ninety (90) days
after the effectivity of this Act, the DPWH, in full consultation with the Professional
Regulatory Boards (PRBs) of Architecture and Environmental Planning under the PRC,
and with the PRC-Accredited Professional Organizations (APOs) of Architects and
Environmental Planners, and in coordination with other agencies of the national and
local governments, shall adopt and promulgate such rules and regulations, to carry out
the provisions of this Act and which shall be effective fifteen (15) days following their
publication in the Official Gazette or in two (2) major daily newspapers of general
circulation.

SECTION 9. Separability Clause. If for any reason, any provision of part hereof
is declared invalid, the other provisions not affected thereby shall remain in full force
and effect.

SECTION 10. Repealing Clause. - Any provision of the law, presidential decree,
executive orders, rules and regulations contrary to the provision of this Act is hereby
repealed, amended or modified accordingly.

SECTION 11. Effectivity. - This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) newspapers of general
circulation, whichever comes earlier.

Approved,