Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

RECEIVES

pate: 30 JUN 2013
— ae Pao
BY: {

REGISTRATION UNIT
BILLS AND INDEX SERVICE

SEVENTEENTH CONGRESS,
First Regular Session

HOUSE QF REPRESENTATIVES

House Bill No. 33

Introduced by REPRESENTATIVE ARTHUR C. YAP

EXPLANATORY NOTE

‘The state of the transport and traffic situation in Metro Manila can be
summed up in a single word. Crisis.

The transportation and traffic crisis has caused immense damage to the
economy estimated in 2012 at a staggering P2.4 billion pesos per day or about
P576 billion annually. This problem has resulted to higher operating cost in
addition to lost income opportunities and productivity, higher foreign
exchange outflow for fuel and redundant transportation equipment,

More exacting however is its heavy social cost. This predicament has
sown disruption to family life and social ties. It has degraded public health
and the environment due to vehicle emissions, Moreover, it has impaired the
image and competitiveness standing of the country.

This problem crisis of proportions calls for drastic solutions.

The Constitution itself, prescribes that, in times of national emergency,
Congress may authorize 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, the President is being granted emergency powers,
to address this “Metro Manila Traffic and Transport Crisis”. This is for him
to be able to utilize all necessary government resources, to exercise or employ
executive actions and measures, necessary and incidental, unhampered by
existing laws, regulations, procedures to solve this burgeoning problem


With this bill, the President is being empowered to reorganize the Metro
Manila Development Authority (MMDA), Department of Transportation
(DOT), Department of Public Works and Highways, attached or related
agencies, especially those that impact on traffic management, including, but
not limited to, the Land Transportation Office (LTO), Land Transport
Franchising and Regulatory Board (LTFRB), Maritime Industry Authority
(MARINA), Civil Aeronautics Board (CAB), Civil Aviation Authority of the
Philippines (CAAP), Toll Regulatory Board (TRB), Light Rail Transit
Authority (LRTA), Philippine National Railways (PNR), to make them more
effective, innovative, and responsive to the traffic crisis.

The President may designate and appoint a Traffic Czar, with
extraordinary powers to sufficiently and efficiently discharge his duties and
responsibilities for the soonest abatement of the crisis. The Traffic Czar shall
have the power to override local ordinances, permits and licenses, including
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.

In accordance with bill, the emergency powers of the President shall
include:

- exercise right of eminent domain by expropriating private property for
right-of-way necessary for infrastructure projects or public
convenience;

- reform the mass transport systems;

- reorient traffic enforcement units;

- immediately resolve transport and infrastructure issues, foremost of
which is the common station for the railway transit systems,

- be exempted from procurement rules;

- be entitled to legal assistance and indemnification;

- formulate holistic and long term a plans and program for transport and
traffic management; and

- be exempted from court injunctions;

‘As a check and balance, the authority granted to the President under
this Act shall subsist only for a year. There shall be Congressional Oversight
Committee, to monitor the implementation of this Act and his exercise of the
authority. He shall further be required to submit a quarterly report to Congress.

No one is spared from this crisis. All of us Filipinos, across the board,
suffer. The ordinary public suffers from the pains of commute in the grungy
Metro Rails systems and unkempt public utility vehicles. Even those in the
highest echelon of our society, riding their luxurious automobiles, likewise
suffer from the horrid traffic conditions. It has to stop.



Itis in this respect that the immediate consideration and passage of this

bill is eamestly requested.
wet
ance C. YAP

Representative


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House BillNo,__ 38

Introduced by REPRESENTATIVE ARTHUR C. YAP

AN ACT

DECLARING THE METRO MANILA TRAFFIC CRISIS
AS A NATIONAL EMERGENCY, GRANTING THE
PRESIDENT OF THE PHILIPPINES EMERGENCY
POWER: PRESCRIBING URGENT RELATED
MEASURES NECESSARY AND PROPER TO
EFFECTIVELY ADDRESS SUCH PREDICAMENT, AND
FOR OTHER PURPOSES

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 “Metro
Manila Traffic and Transport Crisis Act of 2016.”

SECTION. 2. Declaration of Policy. — It is hereby declared the policy
of the State to recognize as an emergency the magnitude of the crisis brought
about by the traffic congestion and mass transportation shortage, to adopt
adequate and effective measures to address such predicament, to mobilize
socio-political support for extraordinary and stern measures to restore order
on the streets, optimize use of public road space, maximize transportation and

infrastructure resources for public convenience and benefit through reduction


of commuting and vehicle travel time, reduction of air pollution and
decongestion of Metro Manila through urban dispersal.

SECTION 3. Grant of Emergency Powers to the President of the
Philippines, — To address the traffic crisis, the President of the Republic of
the Philippines is hereby granted emergency powers, to be able to utilize all
necessary government resources, to exercise or employ executive actions and
measures, necessary and incidental, unhampered by existing laws,
regulations, procedures

SECTION 4. Reorganization of the Metro Manila Development
Authority, Department of Transportation, Department of Public Works and
Highways and Attached Agencies. — The President is hereby empowered to
reorganize the Metro Manila Development Authority (MMDA), Department
of Transportation (DOT), Department of Public Works and Highways,
attached or related agencies, especially those that impact on traffic
management, including but not limited to, the Land Transportation Office
(LTO), Land Transport Franchising and Regulatory Board (LTFRB),
Maritime Industry Authority (MARINA), Civil Aeronautics Board (CAB),
Civil Aviation Authority of the Philippines (CAAP), Toll Regulatory Board
(TRB), Light Rail Transit Authority (LRTA), Philippine National Railways
(PNR), to make them more effective, innovative, and responsive to the traffic
crisis.

For this purpose, the President may abolish or create offices; split,
group, or merge positions; transfer functions, equipment, properties, records
and personnel; institute drastic cost-cutting measures and take such other

related actions necessary to carry out the purpose herein declared, Nothing in


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this Section shall result in the diminution of the present salaries and benefits
of the personnel of the said agencies: Provided, That any official or employee
of the said 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, on coordination with the Commission on Audit
and Civil Service Commission.

SECTION. §. Appointment of Traffic Czar, — The President may
designate and appoint an Ad Hoc Office of the Presidential Assistant for
Metro Manila Traffic Management, or the “Traffic Czar”, to exercise all
powers and authority delegated by the President, including the extraordinary
powers under this Act, that are necessary or those inherent in the office being
concurrently occupied by the Traffic Czar, if any, to sufficiently and
efficiently discharge his duties and responsibilities for the soonest abatement
of the crisis.

For the period of the emergency under this Act and pending
reorganization of the pertinent government offices under the preceding
Section, the powers, authority and functions over traffic management of the
MMDA under Section 3 (b), Section 5 (e) and (f) and other related provision
of Republic Act No, 7924, the Local Government Units (LGU) of Metro
Manila and nearby local government units under Republic Act No, 7160 as
amended, or the Local Government Code, the Philippine National Police,
LTO, LTFRB, pertinent Departments or government institutions, shall be
vested in the Traffic Czar.

As such, the Traffic Czar shall have the power to override MMDA, or

Metro Manila Council, LGU traffic and related ordinances, permits and


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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 Traffic Czar shall however continually coordinate with LGU
executives and their officials and the private sector in the execution of traffic
and transport plans, programs and measures. The Traffic Czar may likewise
enlist and deputize the traffic enforcement units of the MMDA and the LGUs.

SECTION 6. Eminent Domain. — The President shall have the power
to exercise right of eminent domain by expropriating private property with
just compensation for right-of-way necessary for infrastructure projects or
public convenience. This power shall include the power to open private roads
for public use or under a toll system.

SECTION 7. Reformation of Mass Transport Systems, — Public
transportation shall be reformed into an efficient, sustainable, clean and
integrated mass transportation system, including the modification of
franchises to operate public utility vehicles or conveyances for the purpose of
reorganizing the same into consortia and rationalizing their deployment for
better efficiency and convenience of the commuting public, revising
compensation schemes for transportation workers away from the boundary
scheme, compensation scheme for franchise operators, prescribing minimum
operating standards and design specifications for the conveyances, instituting
a common fare system.

SECTION 8. Reorientation of Traffic Enforcement Units. The traffic

enforcement units of the MMDA, PNP, participating LGUs, and other


agencies, as organization/s, shall be reviewed, reformed, re-oriented and re-

trained, with focus on effectivity and efficiency, imposition of disciplinary

measures, enhancement of compensation and benefits system.

SECTION 9. Immediate Resolution of Transport and Traffic
Infrastructure Issues. — Issues and bottlenecks on transport and traffic
infrastructure, foremost of which is the common station, extension and
expansion of present operations, and construction of new railway transit
systems,

SECTION 10. Exemption from Procurement Rules, — The President
may waive the application of Republic Act No. 9184 or the Procurement
Reform Law in entering into transport and traffic infrastructure contracts,
provided that these shall not be disadvantageous to the government,

SECTION 11. Formulation of Transport and Traffic Plans and
Programs, — ‘The President shall formulate a holistic and long term plans and
programs for transport and traffic management that shall include the
following:

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

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;


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c) Ordaining rules, regulations and development standards to rationalize land
and transportation development to promote urban dispersal to decongest
Metro Manila.

SECTION 12. Exemption from Injunctions, — In the implementation
of this Act, the President shall be exempted from the issuance of court
processes, including injunctions against executive actions, exercise of the
power of eminent domain and undertaking of infrastructure projects.

SECTION 13. Private Legal Assistance and Indemnification. — Other
than the legal services of the Office of the Solicitor General, the Traffic Czar,
as well as his/her subordinates, may secure the services of a private lawyer or
external counsel as necessitated by the filing against them of any criminal or
civil action or proceeding for acts made in connection with the lawful
performance of their functions. They shall also be entitled to be indemnified
of all costs and expenses reasonably incurred in connection with any civil or
criminal actions, suits, or proceedings to which they may be or made a party
by reason of the performance of their functions or duties, unless they are
finally adjudged in such actions or proceedings to be liable or guilty of gross
negligence or grave abuse of discretion.

SECTION 13. Duration of Grant of Powers. — The authority granted
to the President under this Act shall subsist, be valid and effective for a period
of one (1) year from the effectivity of this Act, unless sooner with- drawn 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 14. Oversight Committees. — There is hereby created an

Oversight Committee in each House of Congress to be composed of five (5)


members of each, as may 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 thereunder,

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

SECTION 15. Report to Congress. — ‘The President shall submit a
quarterly report to Congress on the Implementation of this Act.

SECTION 16. 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 17. 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 18. Effectivity. — This Act shall take effect fifteen (15) days
following the completion of its publication in two (2) newspapers of general
circulation,

Approved.


members of each, as may 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 thereunder.

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

SECTION 15. Report to Congress. — The President shall submit a
quarterly report to Congress on the Implementation of this Act

SECTION 16. 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 17. 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 18. Effectivity. — This Act shall take effect fifteen (15) days
following the completion of its publication in two (2) newspapers of general
circulation,

Approved.