House Speaker Pantaleon D. Alvarez, Majority Leader Rodolfo C. Fariñas and transportation committee chairman Rep. Cesar V. Sarmiento (Lone District, Catanduanes) have filed a new Traffic Crisis Bill which contains the output of the marathon hearings conducted by the committee on various proposals to grant President Duterte with emergency powers to ease traffic congestion.
House Bill 4334 or the proposed “Traffic Crisis Act of 2016 Maki-isa, Makisama, Magka-isa” was presented by Sarmiento during the recent hearing of the transportation committee to get the views of stakeholders from various sectors on its specific provisions.
In their explanatory note of HB 4334, the Speaker, Farinas and Sarmiento stressed the bill is “an urgent, immediate, and comprehensive response to the traffic crisis that is prevalent in the Metropolitan Manila Area, Metropolitan Cebu, and Metropolitan Davao.”
According to the House leaders, the proposed Act is “a living, organic enactment. It 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 is the result of unresponsive systems and institutions the country 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 systems for the country,” Sarmiento said.
Sarmiento asked for the participation of all stakeholders 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,” Sarmiento said.
He read specific provisions of the bill among them, Section 6 which provides for specific powers, functions and authority of the Traffic Chief.
Section 5 of the bill (Reorganization and Covered Agencies) names the DOTr Secretary as de officio Traffic Chief during the effectivity of the Act, with full power and authority as enumerated in the Act to streamline the management of traffic and transportation and control road use in the identified Metropolitan Areas.
The Traffic Chief shall have the power of supervision and control over the Metropolitan Manila Development Authority; Cebu Coordinating Council, as created under Section 9 of the Act; 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 pertaining to land transportation regulation; and Davao Traffic Administrator. The Traffic Chief, as alter ego of the President, shall have power of supervision over all local government units (LGUs) within the Metropolitan Areas.
The Traffic Chief shall formulate, coordinate, and monitor policies, standards, programs and projects to rationalize the existing public transport operations, infrastructure requirements, the use of thoroughfares, safe movement of persons and goods, the administration and implementation of all traffic enforcement operations, traffic engineering services, and traffic education programs.
Moreover, the Traffic Chief shall have the power to: install a single ticketing system; override or cancel contracts and licenses issued by agencies and local government units (LGUs); and confiscate or suspend licenses, among other functions.
Sarmiento asked transport sectors such as the DOTr, MMDA, LTO and other 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. Kaya pa ba?,” asked Sarmiento.
DOTr Undersecretary Raoul Creencia said their department will address the traffic crisis through reorganization and expanding their manpower complement. He said they need to hire 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.
Creencia said the DOTr also welcomes the inclusion of Section 43 ("Duration of the Act” as it is a very important addition to the power of the traffic chief which is the rule making power.
Creencia said all the other sectors must be involved in fulfilling the intent of the bill. “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.
Creencia also pointed out that projects already in the pipeline, such as projects for air and maritime, which the DOTr have already identified, should be included among the transport projects that will be covered by Section 26 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 pointed out.
Section 26 (Priority Projects) of the bill provides that “Pursuant to the above-declared policies of this Act: it is hereby declared and recognized that: (i) the Traffic Crisis is in the nature of a man-made calamity/catastrophe; (ii) 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 as a result of such Traffic Crisis; and (iii) there is urgent necessity to improve and make accessible vital public transportation services, infrastructure, and facilities.
Section 26 further provides that as such, the Traffic Crisis is declared to be “an Emergency Case, as defined in Section 53 of the Government Procurement Reform Act ("GPRA"). In accordance with the GPRA, the President, through the Traffic Chief, is hereby authorized, during the effective period of this 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 and/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 R.A. 9184 or the Government Procurement Reform Act.
“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. Do you envision a speedy procurement through this again, the delay is not in the procurement but with the project planning and preparation,” said Sarmiento.
Section 12 of the bill provides for the formulation of the decongestion and transportation network reform plan for land-based traffic or Traffic Management Plan.
House Bill 4334 declares it the State policy:
(a) To adopt responsive, effective, and comprehensive measures that will immediately address the crisis brought about by land traffic congestion and gridlock and shortage of safe, secure, efficient: predictable, integrated, environmentally sound, people oriented, persons-with-disability accessible, and inclusive mass transportation in the Metropolitan Manila Area, Metropolitan Cebu, and Metropolitan Davao;
(b) To establish a strong primary policy, planning: programming, coordinating, implementing, regulating, enforcement, and administrative authority under the control and supervision of the Department of Transportation vested with exclusive power to control, manage, and regulate land-based traffic and structures in the Metropolitan Manila, Metropolitan Cebu, and Metropolitan Davao;
(c) To harmonize all traffic rules, regulations, ordinances, issuances, and policies in the Metropolitan Areas to achieve a comprehensive and integrated statutory and regulatory framework for land-based traffic;
(d) To reform, modernize, and streamline the mass transportation systems to the end of attaining sustainable, organized, predictable, accessible, and safe networks of public transportation;
(e) To institute a system of responsibility and accountability for all land-based traffic stakeholders, including public officials, public utility operators, road users, private property owners and business establishments, in the furtherance of mobility within the Metropolitan Areas; and
(f) To ensure transparency, accountability, and compliance with applicable legal requirements in the procurement, award, and execution of all projects implemented pursuant to this Act and with the objective of alleviating the land-traffic crisis.
