Philippine Senate president Franklin Drilon has filed a bill in the 17th Congress that proposes to grant President Rodrigo Duterte emergency powers he has been asking for to solve Metro Manila’s transportation woes.
Senate Bill (SB) No. 11, or the “Transportation Crisis Act of 2016,” proposes to arm Duterte with the power to use alternative methods of procurement for the construction, repair, rehabilitation, improvement, or maintenance of transportation projects in order to reduce traffic congestion in Metro Manila and other urban areas.
Under SB 11, these alternative approaches include limited source bidding or selective bidding, direct contracting or single source procuring, repeat ordering, shopping, and negotiated procuring.
The bill states, however, that “in all instances, the President shall ensure that the most advantageous price for the government is obtained and that the procedure is undertaken in a transparent manner.”
It adds that no court except the Supreme Court can issue any temporary restraining order, preliminary injunction, or preliminary mandatory injunction against the government or any of its officials, or any person or entity acting under government direction that will restrain, prohibit, or compel in the acquisition, clearance, and development of the right of way and in the bidding or awarding of any transportation project identified by the President.
SB 11 also designates the Metropolitan Manila Development Authority (MMDA) and Department of Transportation as the urban traffic management authorities in the National Capital Region and other urban areas. The two agencies will also absorb some functions currently performed by local government units and two transport department-attached agencies—the Land Transportation Franchising and Regulatory Board (LTFRB) and Land Transportation Office (LTO).
The bill will also allow the President to reorganize the transport department, LTFRB and LTO, as well as MMDA.
At the same time, SB 11 seeks the necessary funds to carry out this mission from the proceeds from the Motor Vehicle User’s Charge Fund and Philippine Amusement and Gaming Corporation, and from the budgets of the agencies involved.
The bill will be valid for two years after effectivity. Earlier, Duterte and transport secretary Atty. Arthur Tugade asked Congress for emergency powers for a couple of years to address transportation problems in Mega Manila.
“The emergency power is already a ‘necessity’ given the magnitude of the transportation crisis that not only impedes the mobility of people, goods and services, but also threatens the livability of our cities,” Drilon said in a statement.
The lawmaker believes poor traffic management woes are mainly due to poor enforcement of traffic rules and overlapping functions of government agencies like the transport department and its attached agencies.
Citing a study by Japan International Cooperation Agency, Drilon noted that “if the traffic congestion continues to be unabated, the traffic cost is expected to increase to P6 billion a day.”
He said several urban areas such as Metro Cebu and Cagayan De Oro are also experiencing horrible traffic congestion, hampering their growth and development.
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