Senate bill seeks emergency powers for President to address traffic crisis
Credit to Author: eestopace| Date: Wed, 10 Jul 2019 08:46:44 +0000
MANILA, Philippines — A bill granting the President emergency powers for two years to address the traffic crisis in the country has been filed at the Senate.
Senate Bill No. 213, or the Special Emergency Power Act, was filed in the upper chamber last week but a copy was released only to the media on Wednesday.
Under the bill, the President is authorized to utilize all necessary government resources, exercise police power and, and employ executive actions and measures, among others, to solve the traffic problem.
“The exercise of emergency powers shall be limited to acts that would resolve the traffic and congestion crisis,” it said.
The national emergency will include land, air, and sea traffic and will cover Metro Manila, Metropolitan Cebu, Davao City, Cagayan de Oro, and other highly urbanized cities.
The bill proposes that the Secretary of Transportation be designated as the 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 by virtue of this Act,” it further stated.
The bill also has provisions that would allow the traffic czar, for instance, to “take over or direct the operation of any kind of PUVs as may be necessary” to implement the proposed law.
“The ownership of the franchise shall not be transferred to the government and shall remain with the owner,” one of the provisions read.
“The take over shall cease when, in the discretion of the Czar, the takeover is no longer necessary or upon the expiration of this Act or until the emergency power is withdrawn by Congress.”
Private roads, including those within villages and subdivisions, may also be opened to public use “subject to security and limitations” that should 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 15 calendar days, the government may proceed to acquire the same in accordance with Section 8 of this Act,” it further explained.
The proposed law also allows the traffic crisis czar to come up with an 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 10 days from notice to the property owner,” the bill said.
“After a failed negotiation, the czar shall authorize the immediate filing of a case for expropriation.”
The measure also authorized the czar to enter into “direct contracting, repeat order, direct negotiation of contract, and 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 suspended,” the bill noted.
Senator Grace Poe, chair of the Senate committee on public services, had pushed for the same measure but failed to get the Senate approval in the last Congress. /ee