Philippine Senate Bill 213 : Special Emergency Powers Act

AN ACT AUTHORIZING THE PRESIDENT, FOR A LIMITED PERIOD AND SUBJECT TO CERTAIN RESTRICTIONS, TO EXERCISE EMERGENCY POWERS TO EFFECTIVELY ADDRESS THE TRAFFIC AND CONGESTION CRISIS, AND APPROPRIATING FUNDS THEREFOR 

EXPLANATORY NOTE 

The Philippine transportation infrastructure has indisputably been unable to keep up with the demands of a rising economy and growing population as well as the land, air and sea traffic congestion and mass transportation shortage. The traffic congestion crisis must be considered a national emergency due to its detrimental effects to life, economy, and productivity. According to a study conducted by Japan International Cooperation Agency, the traffic and congestion crisis in Metro Manila alone has been a major contributor to an estimated loss of  Php3.5 billion a day. We must recognize that this crisis is a national emergency requiring urgent, immediate and sweeping solutions, for the general welfare of the Filipino people. Thus, this bill proposes to declare the existence of a national emergency in view o f the traffic and congestion crisis in Metropolitan Manila, Metropolitan Cebu and other highly urbanized cities, in accordance with Section 23(2), Article VI o f the 1987

Constitution, to authorize the President, for a limited period and subject to restrictions, to exercise powers necessary to effectively address the said national emergency. Under the proposed measure, the President, is granted emergency powers to employ the necessary government resources; exercise or employ executive actions and measures — necessary and incidental, unhampered by existing laws, regulations, and procedures — to solve this escalating problem; and to adopt short-term, midterm, and long-term development plans for a sustainable and efficient transport system. In view of the foregoing, approval of this bill is earnestly sought. 

AN ACT AUTHORIZING THE PRESIDENT, FOR A LIMITED PERIOD AND SUBJECT TO CERTAIN RESTRICTIONS, TO EXERCISE EMERGENCY POWERS TO EFFECTIVELY ADDRESS THE TRAFFIC AND CONGESTION CRISIS, AND APPROPRIATING FUNDS THEREFOR 

Be it enacted b y the Senate and House o f Representatives o f the Philippines in Congress assembled: 

Section 1. Short Title. - This Act shall be known as the "Special Emergency Powers Act." 

 Sec. 2. Declaration o f Policy. - It is hereby declared the policy of the State to: 

a) recognize as national emergency the negative effects of the traffic and  congestion crisis to the economy and ultimately to the people, which seriously disturbed the normal family life, hampering the country's economic growth and  development, and gravely affected the local and global competitiveness and  efficiency of businesses; and  

b) adopt adequate and effective measures to address such emergency, by  mobilizing extraordinary and stem measures, restoring order on the streets, optimizing the use of public road space and transport routes, and maximizing transportation and infrastructure resources for public convenience and benefit  through the reduction of vehicle travel time, reduction of air pollution, and decongestion of Metropolitan Manila, Metropolitan Cebu, Davao City, Cagayan de Oro City, and other highly urbanized cities. 

Sec. 3. Scope and Limitations. - The Act shall be limited in scope, application, and effectivity to Metropolitan Manila, Metropolitan Cebu, Davao City, Cagayan de Oro City, and other highly urbanized cities. The national emergency shall include land, air  and sea traffic. The exercise of emergency powers shall be limited to acts that would 7 resolve the traffic and congestion crisis. 

Sec. 4. Definition o f Terms. - For purposes o f the Act, the following terms shall mean:

 a. Emergency Powers shall refer to the authority granted to the President of the  Republic of the Philippines under Section 23 , Article VI o f the 1987 Philippine  Constitution by the Congress for a limited period and subject to such restrictions 13 as it may prescribe to exercise emergency powers; 

b. Highly Urbanized City shall mean cities classified as highly urbanized as defined  by the Local Government Code;  

c. Metropolitan Cebu shall be composed o f the cities of Cebu, Mandaue, Talisay,  Lapu-Lapu, Carcar, Danao, and Naga and the municipalities of Compostela, Consolacion, Lilo-an, Minglanilla, and San Fernando; 

d. Metropolitan Manila shall mean the National Capital Region (NCR) of the Philippines composed of  the cities o f Manila, Quezon City, Caloocan, Las Pinas,  Makati, Malabon, Mandaluyong, Marikina, Muntinlupa, Navotas, Paranaque, Pasay, Pasig, San Juan, Taguig, and Valenzuela and the Municipality of Pateros;

 e. Priority Projects shall refer to the construction, repair, restoration,  rehabilitation, improvement, or maintenance o f transport infrastructure,  projects, and facilities; 

 f. Transportation Project shall refer to a project involving the construction, repair,  rehabilitation, improvement, operation, or maintenance o f any public transportation facility and mass transportation system that will directly address  the traffic and congestion crisis to ensure the safety and convenience of the  commuting public, including all projects aimed at reducing traffic congestion 

Sec. 5. Grant o f Emergency Powers. - The President is hereby authorized, through the Czar, to exercise all powers necessary and proper to carry out the above- declared State policy. As such, the President is hereby granted Emergency Powers to  urgently utilize all necessary government resources, exercise police power and the  power of eminent domain, and employ executive actions and measures to ensure the  effective procurement, implementation, reconfiguration, harmonization and  completion of national and local government transportation projects intended to  address the emergency intended to directly address the traffic and congestion crisis, untrammeled by existing laws, regulations, and procedures that would severely delay  the resolution of said crisis.

Sec. 6. Traffic Crisis Czar. - The Secretary of Transportation is hereby designated  as the de officio Traffic Crisis Czar during the entire duration of the grant of emergency  powers. The Czar is hereby authorized to exercise all powers granted to the President 12 by virtue o f this Act. 13 The Czar shall be under the direct control and supervision of the President.

Sec. 7. Functions, Powers and Duties o f the Traffic Crisis Czar. - As the alter ego  of the President, the Czar is hereby authorized to exercise all powers necessary, utilize all resources, exercise police power and eminent domain, and employ executive  actions and measures. More specifically, the Czar shall have the following functions,  powers and duties: 

 1. Implement and complete the Transportation and Public Works Flagship Projects  under the Build         Build Build Infrastructure Program, which includes: 

         (a) site acquisition; 

        (b) right of way acquisition; and 

         (c) procurement.

2. Maximize the use of existing roads, bridges and infrastructure through:

     (a) Formulating, coordinating, and monitoring policies, standards, programs, and projects; 

     (b) Providing effective and coordinated traffic management and enforcement;

    (c) Harmonizing traffic laws, rules and regulations, including city and municipal ordinances, and              including sea and air traffic;

    (d) Improving traffic engineering measures; and 

    (e) Adopting measures to rationalize the use of road and transport routes efficiently, in favor of                mass transport, adjusting the working hours of government schools and offices, and promote                work at home schemes and  other alternative work and class arrangements.

3. Create inter-agency task forces as may be necessary, including but not limited  to; 

    (a) Members of PNP-HPG, traffic enforcers of LCDs, duly licensed security guards, or members 

        of non-governmental organizations to whom certain  authority may be delegated subject to such          conditions and requirements as  may be imposed; 

    (b) Non-government and people's organizations and volunteers; and

    (c) Local government units.

4. Implement the transport infrastructure development plans approved by  National Economic          Development Agency (NEDA);

5. Determine the priority infrastructure projects that may be implemented by  agencies responsible for roads, bridges, railways, traffic engineering, public  transport facilities such as terminals, stations, passenger interchange  structures, airports and seaports;

6. Reformation of public transport by:

       (a) Transforming service delivery model into an inter-modal, low emission,  sustainable,                           convenient, integrated and reliable;

      (b) Restructuring the public utility vehicle routes; 

       (c) Modifying or canceling Certificates of Public Convenience and permits for  trikes, motu                      propio,

      (d) Integrating public utility vehicle terminals inside and near the vicinity of  metropolitan areas                to urban and zoning plans;

      (e) Enforcing all traffic laws and regulations; and 

      (f) Authorizing local government units to establish their own public mass transport system within            their jurisdiction, in coordination with the Czar and  subject to relevant inter-modal schemes.

7. Construct build, update and upgrade rail-based mass transit system and fast track the implementation of mass transit projects, including the Department of  Science and Technology developed Hybrid Electric Train; and

8. Other powers as may be necessary to fulfill the declaration of policy of this Act.

Sec. 8. Power o f Eminent Domain. - In coordination with the concerned  government agencies, the Czar shall work for the immediate resolution of issues and  bottlenecks in transport infrastructure, including the acquisition of right-of-way.  Negotiated sale shall be the primary mode of acquisition and must be concluded within 5 ten (10) days from notice to the property owner. After a failed negotiation, the Czar  shall authorize the immediate filing of a case for expropriation.

The Czar shall offer the property owner, as compensation price, the sum of: 

 1. The fair market value of the land;

 2. The replacement cost of structures and improvements; and 

 3. The current market value of crops and trees therein. 

The Czar may engage the services of a government financial institution,  independent property appraiser accredited by the Bangko Sentral ng Pilipinas (BSP),  or a professional association of appraisers recognized by BSP.

Sec. 9. Priority Projects. - During the effectivity of this Act, the Czar may enter  into Direct Contracting, Repeat Order, Direct Negotiation of Contracts, and the other  alternative modes of procurement under the Republic Act No. 9184 for Priority Projects  for the construction, repair, restoration, rehabilitation, improvement, or maintenance  of infrastructure, projects, and facilities, subject to auditing rules and regulations.

The Protest Mechanism under Article XVII of R.A. No. 9184 is deemed 20 suspended.

The time duration specified in the Implementing Rules and Regulations (IRR)  of R.A. No. 6957, as amended, may be shortened.

The Government Procurement Policy Board and the NEDA, in consultation with  the Czar, shall issue the proper guidelines for procurement o f Priority Projects within  fifteen (15) days upon effectivity of this Act. 

Sec. 10. Roles o f the Local Government Units (LGUs) and Other Agencies. - Local Government Units covered by this Act may implement, construct, repair, restore,  rehabilitate, improve, or maintain land-based transportation infrastructure, projects,  and facilities, including rail-based, monorail and light rail systems, using its own funds,  and/or enter into agreements with the private sector, subject to the approval of the  Czar. The transportation project must not be inconsistent with the Traffic Crisis Action and Mobility Plan.

Local Government Units not covered by this Act are encouraged to create a  plan consistent with the Traffic Crisis Action and Mobility Plan, and implement,  construct, repair, restore, rehabilitate, improve, or maintain land-based transportation 4 infrastructure, projects, and facilities, in coordination with the Czar and other national  agencies.

The Department of Public Works and Highways shall continue to be responsible  for all works on national roads and shall accelerate the completion of on-going  construction, upon instruction from the Czar. The Metro Manila Development Authority  shall continue exercising its powers and functions and shall coordinate with the Local  Government Units with regard to zoning and land-use planning.

In coordination with the Czar, the Civil Service Commission, the Department of  Labor and Employment, and the Department of Information and Communication Technology shall promote alternative forms of work and Transport Network Vehicle  Service, adopt virtual conferencing by public sector agencies, and change government  transaction procedures that will reduce the need for travel.

Sec. 11. Suspensions on Permits and Licenses. - The following are hereby  temporarily suspended throughout the effectivity of this Act insofar as they apply to  the Priority Projects:

    a) Local Government Code requiring prior consultation with, and approval of  local government            units with respect to traffic-related projects and  requiring the issuance of a building permit; 

    b) National Building Code requiring building permits and other clearances or  certifications;

    c) P.D. No. 1586, R.A. No. 3571 and their IRR requiring an Environmental  Clearance Certificate        and Tree Cutting Permit; and 

   d) Labor Code of the Philippines requiring clearances and permits for the employment of                        foreigners  with regard to foreign technicians and expert  working in traffic-related projects.

Sec. 12. Traffic Crisis Action and Mobilization Plan. - The Czar, through their  Undersecretaries, shall create a Traffic Crisis Action and Mobility Plan for Metropolitan Manila and Metropolitan Cebu, which shall sufficiently detail the process to effectively  solve the traffic crisis. The Program shall include the following:

a. Allocating duties and responsibilities to agencies for traffic management and  regulation; 

b. Priority Projects; 

c. Integrated traffic management plan, including the Local Government Units  adjacent to the                  metropolitan areas; 

 d. Route rationalization of land, sea and air public transport; 

 e. Identification o f friendship routes and private village/subdivision roads to serve  as alternate or           secondary routes; 

 f. Clearing of sidewalks; 

 g. Comprehensive traffic rules and regulations handbook; 

 h. Improve road surface quality; and 

i. Traffic and road safety education.

Except for the route rationalization plan for public utility vehicles, which must be  studied and completed within six (6) months from the approval of this Act, the  Program must be completed within thirty (30) calendar days from approval o f this Act.

Sec. 13. Temporary Government Take-Over o f the Operation o f PUV. - In  accordance with Section 17, Article X II of the 1987 Constitution, the Czar may take  over or direct the operation of any kind of PUV as may be necessary to implement the purpose o f this Act.

The ownership o f the franchise shall not be transferred to the government and  shall remain with the owner. The take-over shall cease when, in the discretion of the  Czar, the take-over is no longer necessary or upon the expiration of this Act or until  the emergency power is withdrawn by Congress.

Sec. 14. Private Roads. - Private roads, including those within villages and  subdivisions, may be opened for public use subject to security and limitations that  shall be agreed upon between the Czar, the relevant local government unit, and the  affected residential association, or be the subject of expropriation. In case of refusal by the residential association, or failure to agree within fifteen (15) calendar days, the  government may proceed to acquire the same in accordance with Section 8 of this  Act.

The Czar may order the immediate opening of dosed public roads, after a five  (5)-day notice. Conditions and limitations for the use thereof may be imposed by the 3 Czar motu propio, without need of public hearing.

Sec. 15. Alternative Work Arrangements. - All private and public entities, as well  as educational institutions, shall be allowed to adopt alternative work arrangements  including carpooling, share-a-ride programs, flexible working hours and school hours,  staggered schedules of attendance, and other transport demand management  schemes. The provisions of labor laws and regulations that restrict or prohibit these  acts shall be deemed suspended during the effectivity of this Act.

The Czar, in consultation with the Civil Service Commission and the Department  of  Education shall implement staggered working or school hours for government  offices and public schools, respectively

Sec. 16. Violations under this Act. - Any violation of or non- compliance with any  provision of this Act shall be considered a violation of Section 3 of Republic Act No.  3019 or the Anti-Graft and Corrupt Practices Act and shall be penalized with  imprisonment of not less than one (1) year nor more than ten (10) years and perpetual disqualification from holding any public office.

Sec. 17. Prohibition on the Issuance o f 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 o f the right-of-way, site or location of  any transportation project identified by the Czar; 

b. Procurement of transportation projects, including infrastructure projects;

c. Commencement, prosecution, execution, implementation, operation o f any transportation project; d. Opening of any private village gates necessary to provide alternate routes  throughout the effective period of this Act; 

e. Termination or rescission o f any transportation project; and

Undertaking or authorization of any other lawful activity necessary for any  transportation project.

Sec. 18. Duration o f Grant o f Emergency Powers. - The authority granted to the  President shall be valid and effective for a period o f two years from the effectivity of  this Act, unless sooner withdrawn by resolution of the Congress, without prejudice to  rights and benefits that may have been vested and liabilities that may have been 7 incurred in the meantime. 

Sec. 19. Congressional Oversight Committee. - There is hereby created a Congressional Oversight Committee which shall monitor the implementation of this  Act and the exercise of the powers herein granted. The Committee shall be composed  of the Chairperson o f the Senate Committee on Public Services and the Chairperson  o f the House o f Representatives Committee on Transportation, as Co-chairperson, and  two (6) other members from each House, to be designated by the Senate President  and the Speaker of the House of Representatives, respectively.

The Czar shall submit a monthly report to the Congressional Oversight Committee on the efficiency and effectiveness of the measures undertaken to  implement this Act and alleviate the traffic crisis. 

Sec. 20. Funding. - The amount needed for the implementation of this Act shall  be sourced from the following: 

 a) The General Appropriations Act;

 b) By way of a special budget enacted by Congress;

 c) Motor Vehicle Users Charge Fund under R.A. No. 8794;

d) Any savings and/or unexpended portion from the Special Purpose Funds of the President, for other expenses and/or to augment the preceding items; and

 e) Fifteen percent (15% ) of the Philippine Amusement and Gaming Corporation  annual aggregate gross earnings.

Sec. 21. Transitory Provision. - As far as practicable, the provisions o f this Act  shall apply to all perfected procurement contracts involving only transport projects,  which have already commenced but with no Notice of Award yet issued.

Sec. 22. 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 o f the provisions of this Act shall not be affected thereby.

Sec. 23. 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.

 Sec. 24. Effectivity. - This Act shall take effect fifteen (15) days following the  completion of its publication in the Official Gazette or In at least one (1) newspaper of 7 general circulation.