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www.businessmirror.com.ph | Thursday, July 28, 2016
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ng solve traffic jams?
rgency Powers Measures forwarded by House Bill 3, or Traffic Crisis Act of 2016 THE bill would allow the President to administer and implement remedial and such other related measures to address the traffic crisis in the country. These measures would include the following: n Creation and establishment of mass-transport system. n Transfer of transport terminals to decongest choke points in Metro Manila and other major cities. n The creation or immediate establishment or designation of alternative international airports and the creation of parallel runways, if feasible, to decongest airport traffic, in order to relieve and alleviate traffic situation and spread through less congested areas near or adjacent Metro Manila. n The transfer of public markets located on busy highways. n The establishment of friendship routes, or alternative routes, by opening an otherwise private subdivision road to nonresident motorists, with the option to provide nonfiscal incentives in return for the use of the said private roads; gated communities and gated military camps parallel to major thoroughfares may, likewise, be opened, subject to conditions and restrictions. n The issuance and implementation of rules on the working hours of employees and workers in government and, whenever it becomes necessary, in the private sector to alleviate traffic congestion during rush hours. n Exercise state power of eminent domain in order to appropriate private property for establishment of easement or right of way, expansion of public roads or other public purposes, with payment of reasonable compensation usually based on the fair market value of the strip of land and for any effect the condemnation of that strip has on the value of the owners’ remaining property. n Formulate, coordinate and regulate the implementation of medium- and long-term plans and programs for the delivery of nationwide transportationrelated services, consistent with national developmental objectives and priorities. n Whenever it is advantageous to the government, the President may enter into negotiated contracts for the construction, repair, rehabilitation, improvement or maintenance of roads, bridges, railways, toll roads, expressways, skyways, airport runways and facilities, and similar infrastructure and facilities, and the procurement of coaches, subject to requirements. n Implement the “Roadmap for Transport Infrastructure Development for Metro Manila and Its Surrounding Areas” approved by the National Economic and Development Authority Board, known as the “dream plan” road map, estimated to cost the government P2.3 million. n To temporarily take over or direct the operation of any transportation franchise that is found to have redundantly violated the herein declared national policy.
objective of the Jica study was to formulate a transportation infrastructure road map for a sustainable development of Metro Manila and its surrounding areas. He added that the road-map study also included proposals that can “help reduce traffic congestion; remove barriers for seamless mobility; lower the cost of transportation for low-income groups; and decrease air pollution.” According to Recto, the proposals include integration of a mass-transit network; an integrated network of developed urban expressways; modernization of road-based public-transport system; and strengthening of the traffic-management program. The senator, likewise, listed the short-term projects proposed by Jica, which include suggestions to rehabilitate main urban roads; develop secondary roads in peri-urban areas; completion of North Luzon Expressway-South Luzon Expressway connector, including the provision of access to port areas. “As for urban rail, the government must finalize the overall
metropolitan urban rail-network system plan by looking into the possibility of including a subway on Edsa, and to extend railway main lines and secondary lines,” Recto said, quoting from the Jica proposal.
Unmanageable proportion
THE Japanese agency also suggested that “with respect to traffic management, the government must conduct a comprehensive traffic-management study that will strengthen enforcement capacities and introduce systematic roadsafety interventions. He added that with regard to gateway ports and airports, Jica recommended that the government implement committed improvement packages for the Naia and the Clark International Airport; place a cap on expansion of Manila ports; facilitate diversion to Batangas and Subic Ports through incentives; and to conduct study for the development of a new Naia and redevelopment of the Port of Manila. Recto warned that should the
worsening traffic problem be allowed to persist, “the economic losses may soon reach unmanageable proportion.” The senator asserted that implementation of the Jica Roadmap Study by 2030 is expected to produce, among others, time cost savings of up to P570 billion a year; toll and fare revenue for the government of up to P119 billion a year; public transport-fare savings of up to P18 a day; and travel-time reduction of up to 49 minutes per trip. Recto recalled that the Executive department had already reviewed the Jica Roadmap Study, and has formulated an action plan in order to implement the Jica proposals, but it “admitted that there are serious physical and legal roadblocks that must be hurdled before the government can fully implement the Jica proposals.” “In providing special or emergency powers to the President of the Republic of the Philippines to solve the vehicular traffic crisis, impediments to the full implementation of the Jica proposals, such as restraining orders or
injunctions from courts, right-ofway issues; restrictive regulations from LGUs; and even the control, management and apprehension of undisciplined motorists and pedestrians may be specifically addressed,” Recto said. But the senator cautioned that before granting emergency powers to the President, it is incumbent upon Congress to inquire from the Executive department the specific powers being requested and, thereafter, ascertain whether the grant of emergency powers is, “indeed, necessary and proper, and will enable the President to implement programs that will solve the country’s traffic woes, unhindered by the usual bureaucratic delays.” Recto explained that this was why he asked the Senate leadership, under newly installed Senate President Aquilino L. Pimentel III, to direct the appropriate Senate committees to conduct an inquiry, in aid of legislation, on the propriety of granting special or emergency powers to the President to promptly address daily traffic gridlocks in Metro Manila and other clogged areas in the metropolis.
Last resort
EVEN as he authored the bill seeking to grant emergency powers to Mr. Duterte, Drilon is asking Congress to include adequate safeguards against “corruption, as well as onerous and disadvantageous contracts” the government would sign in a bid to solve daily traffic gridlocks in Metro Manila and other urban areas. In filing Senate Bill 11, also known as the Transportation Crisis Act of 2016, Drilon proposed to grant Mr. Duterte emergency powers in dealing with what the senator described as an “alarming transportation crisis” within Metro Manila. “It is also of the highest importance that the bill will provide safeguards that can adequately protect the system and the people from abuses,” Drilon asserted. He insists that members of Congress should take a careful look at previous experiences, citing, for instance, the country’s experience when Congress enacted the Electric Power Crisis Act of 1993. “We must learn from the experiences with the Electric Power Crisis Act of 1993, which was crafted to address the power crisis, but, in the end, resulted in the execution of onerous contracts with independent power producers that led to expensive and higher electricity rates,” Drilon said. “We must avoid making the same mistakes all over again,” he added, saying, “the bill must ensure that the most advantageous price for the government is obtained.” According to Drilon, the measure should also ensure that the procedure is undertaken in a transparent manner. “We should strive for the highest standards of transparency and accountability in crafting the bill,” he said, adding, “we must make sure that these powers will not be misemployed and exploit our people, rather than help them.” Drilon also noted that a nobidding policy and negotiated procurement must only be employed “as a last resort,” when all other alternative methods of procurement have already been exhausted.
Lower House
THE leadership of the House of Representatives said the lower chamber will prioritize the passage of House Bill 3, or the Traffic Crisis Act of 2016. Speaker Pantaleon D. Alvarez, author of the bill, said the country is experiencing horrendous and wors-
ening, unsolved traffic crisis caused by insufficient infrastructure, coupled with inefficient management of transportation services. Alvarez also cited the data in the Jica study noted by Recto. “Also, the National Economic and Development Authority [Neda] concluded that without the necessary intervention by the authorities, traffic costs will likely increase to P6 billion a day, which costs are based from several factors,” Alvarez said. He added that the Neda cited these costs as value of time lost due to delay, fuel costs, vehicle operating costs, impact of health, greenhouse-gas emissions, great demand for transport-cost expenses from household income, productivity losses and overcapacity of registered vehicles, whether public or private. Under the Constitution, Congress is tasked to approve the grant of emergency powers to the President through a resolution by voting two-thirds in a joint session. Alvarez’s bill allows Mr. Duterte to reorganize the Department of Transportation and Communications. The reorganization would include the Land Transportation Office, Land Transportation Franchising and Regulatory Board, Metropolitan Manila Development Authority and the Toll Regulatory Board of the Philippines for land-transportation concerns. The Civil Aviation Board and Civil Aviation Authority of the Philippines, meanwhile, would be reorganized for air-traffic problems.
Reorganization
ACCORDING to Alvarez, the reorganization aims to make these agencies more effective, innovative and responsive agencies to solve the traffic crises. The bill said the President may also abolish or create offices; split, group, or merge government positions; transfer functions, equipment, properties, records and personnel; institute drastic cost-cutting measures; and take such other related actions necessary to carry out the purpose herein declared. “The authority granted to the President under this act be valid and effective for a period of two years from the effectivity of the act, unless sooner withdrawn by a resolution of Congress,” the measure said. It also allows the President to create and establish a centralized traffic authority, both on air and on land; empowered to address all traffic concerns; and implement better management services resulting from balanced integration of traffic education, engineering and enforcement of services. The bill, meanwhile, said the President shall submit a monthly report to Congress on the efficiency and effectiveness of the measures undertaken to implement this Act. It also created a congressional committee to monitor and oversee the implementation of the Act.
Arroyo, Yap
FORMER President and now Lakas Rep. Gloria Macapagal-Arroyo of Pampanga and National People’s Coalition Rep. Arthur C. Yap of Bohol also filed separate bills granting Duterte emergency powers. Arroyo said the current traffic congestion in Metro Manila impedes progress and leads to a situation where billions of pesos are lost daily in fuel cost, manhours and opportunities. “No one is spared from this crisis,” Yap said. “The public suffers from the pains of commuting in the grungy Metro Rail systems and public-utility vehicles.” According to Yap, “Problems of this proportion call for drastic solutions, because these have already resulted in higher operating cost,
lost income opportunities and productivity; higher foreign-exchange outflow for fuel; and redundant transportation equipment.” Meanwhile, leaders of the 17th Congress are eyeing to grant Duterte emergency powers by next month.
‘Emergency corruption’
BUT Party-list Rep. Lito Atienza of Buhay warned the government against authorizing “emergency” shortcuts in the performance of public-transportation projects. Atienza said emergency powers would only lead to “emergency corruption.” “Government does not need special powers to sort out the growing motor vehicle-traffic mess, which is largely due to sprawling corruption, incompetence, bad enforcement and poor compliance,” he said. “Every day we see obstructive road diggings everywhere left unattended by insensitive and inept district engineers who can’t seem to get the job done fast enough.” According to Atienza, “In exchange for bribes, bus operators have illegally annexed our roads as their virtual terminals or waiting areas, adding to the ‘jamming.’” “Meanwhile, colorum publicutility vehicles continue to proliferate unchecked,” he added. Atienza said traffic problems may be addressed without extraordinary powers. “We will surely be swamped with ‘emergency’ transportation projects, including unnecessary and irrelevant projects, because that is where the biggest kickbacks will be, considering that all best practice standards will be cast aside.” To address traffic problems, Atienza urged Malacañang to start the planning for a rapid subway system around Metro Manila, designate “competent” executives to run the LRT Lines 1 and 2 and the MRT 3, which could help move another 1 million passengers every day.
Oversight committee
FORMER Speaker and Rep. Feliciano Belmonte Jr. of Quezon City also proposed the creation of a congressional oversight committee that would scrutinize all negotiated contracts that may be deemed disadvantageous under the proposed emergency powers for President Duterte. While he is supporting the proposal granting Mr. Duterte emergency powers to address the worsening traffic situation in Metro Manila, Belmonte said the creation of the congressional oversight committee is important to protect the government’s transport-related projects. Belmonte said Congress has a power to oversee all negotiated contracts that are not subject to public bidding to promote transparency in the government. Party-list Rep. Gary Alejano of Magdalo said, “We would have wanted to see the present administration to exhaust all the options in solving the problems of our traffic before the grant of emergency powers. The assurance of President Duterte that his government is clean is not enough. The point is there are checks and balances to avoid abuse [of powers].” For his part, Liberal Party Rep. Edcel Lagman of Albay said, “Emergency powers [could be] conceded to the Executive by the Legislative department on very special circumstances.” “But the President in his Sona didn’t say what [are] the parameters of the emergency powers that he is seeking,” Lagman said. “He should first outline what specifically he wants.”