A new Traffic Crisis Bill has been filed in the Philippine Lower House.
House Bill No. 4334, or the proposed “Traffic Crisis Act of 2016 Maki-isa, Makisama, Magka-isa,” was filed by House Speaker Pantaleon D. Alvarez, Majority Leader Rodolfo C. Fariñas, and Catanduanes representative and House Committee on Transportation (COTr) chairman Cesar V. Sarmiento.
The new version was presented during the recent hearing of the COTr to get the views of stakeholders. It contains the output of marathon hearings conducted by the House COTr on various proposals to grant President Rodrigo Duterte emergency powers to ease traffic and transportation congestion.
In the bill’s explanatory note, lawmakers stressed that the proposed law is “an urgent, immediate, and comprehensive response to the traffic crisis that is prevalent in the Metropolitan Manila Area, Metropolitan Cebu, and Metropolitan Davao.”
The proposed law is “a living, organic enactment” that “will pave the way for further legislation aimed at alleviating the land-based traffic crisis not just in the identified Metropolitan Areas but other parts of the country where such crisis may exist.”
Sarmiento reiterated during the hearing that the present traffic crisis stems from unresponsive systems and institutions that the country has had for so long.
“This is our problem, and House Bill 4334 will address that, if the systems and institutions provided under the bill are established. We will be on the right track to achieving a sustainable, orderly, predictable and safe transport system for the country,” Sarmiento said.
He asked all stakeholders to participate in reviewing the bill and improving on it. “We ask for your support so that this bill is passed before the end of this year and it will address the traffic crisis in the three Metropolitan areas in three years.”
Appointing a Traffic Chief
Section 5 of the bill names the Department of Transportation (DOTr) Secretary as de officio Traffic Chief during the effectivity of the law, with full power and authority as enumerated in the law in order to streamline traffic and transportation management and control road use in the identified metropolitan areas.
The traffic chief will have the power to supervise and control the Metropolitan Manila Development Authority; Cebu Coordinating Council; Philippine National Police-Traffic Management Group; Land Transportation Office; Land Transportation and Franchising Regulatory Board; Road Board; all other executive agencies, bureaus, and offices with roles in land transportation regulation; and Davao Traffic Administrator.
The traffic chief, as alter ego of the President, will also have power of supervision over all local government units within the metropolitan areas.
The government executive will formulate, coordinate, and monitor policies, standards, programs, and projects to rationalize public transport operations, infrastructure requirements, use of thoroughfares, and safe movement of persons and goods. The executive will likewise oversee the administration and implementation of all traffic enforcement operations, traffic engineering services, and traffic education programs.
Moreover, the official will have the power to install a single ticketing system, override or cancel contracts and licenses issued by agencies and LGUs, and confiscate or suspend licenses, among other functions.
Sarmiento asked transport agencies and other government agencies to give their inputs on specific provisions of HB 4334.
“What is the absorptive capacity of the DOTr? Would it be able to absorb the requirements of the three Metropolitan areas in three years because you will be deluged with big projects to address the traffic crisis?” asked Sarmiento.
DOTr Undersecretary Raoul Creencia said their department will address the traffic crisis by reorganizing and expanding their manpower, including hiring more technical people to evaluate the proposals.
“We expect a deluge of proposals to come in once we roll out the various PPP projects,” said Creencia.
He said all the other sectors must be involved in fulfilling the intent of the bill.
Priority projects
“The inclusion of airports in the bill will help us in expediting the procurement of all projects that will help sustain the ability of our airports to address increasing air traffic. Our passengers are important to us in the development and rehabilitation of ports. We will also sustain whatever status or conditions we have now,” Creencia said.
He also pointed out that projects already in the pipeline which the DOTr have already identified, such as those for air and maritime, should be included among the transport projects to be covered by Section 26 (Priority Projects) of the bill.
“Because if we remove air and maritime from this bill, then all projects covered by involved agencies in these sectors will no longer be covered by Section 26, and therefore will not enjoy the alternative mode of procurement that is afforded to the other projects,” Creencia explained.
Section 26 provides that “the Traffic Crisis is in the nature of a man-made calamity/catastrophe” and that time is of the essence in executing urgently necessary and immediate action to prevent further damage to or loss to the national economy, public health, and social welfare.
Section 26 further provides that as such, the traffic crisis is declared an emergency case, as defined in Section 53 of the Government Procurement Reform Act (GPRA).
Under the GPRA, the President, through the traffic chief, is authorized, during the effective period of the act, to enter into negotiated contracts for priority projects for the construction, repair, rehabilitation, improvement, or maintenance of critical infrastructure, projects, and facilities, and any directly related procurement of goods or services.
“When we studied your proposals, most of the powers that you want are either included in your mandates or already addressed by existing laws. Speedy procurement, reorganization, protection from temporary restraining orders, opening up of private subdivision roads and most of the powers you enumerated per sector can already be achieved just by enforcing your mandates and other existing laws,” Sarmiento told Creencia.
Sarmiento said priority projects covered under Section 26 of the proposed bill have expanded the definition of emergency case as defined under Section 53 of GPRA.
“For us, this is the better way to procure the priority projects that will address the traffic crisis. The President through the Traffic Chief will be authorized to enter into negotiated contracts for priority projects subject to specific conditions,” said Sarmiento.
Section 12 of the bill also provides for a traffic management plan on formulating a transportation network reform program to decongest land-based traffic.
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