House panel okays bill prohibiting comm’l centers near expressways

The House Committee on Transportation has unanimously approved a substitute bill, seeking to prohibit the construction of malls; sports, exhibition and convention centers; and similar establishments within a three-kilometer radius from the exit and entrance of an expressway to prevent traffic congestion.

The panel, chaired by Catanduanes Rep. Cesar Sarmiento passed the unnumbered bill, which substituted House Bill 6638, principally authored by Pampanga Rep. Aurelio “Dong” Gonzales Jr.

Gonzales said regulating the future construction of malls, sports centers, convention centers, exhibition centers and similar establishments is among the “responsive, effective, and comprehensive measures” that could address traffic problems.

He said under the bill, “it shall be unlawful for any person, natural or juridical, to build or construct a mall, sports center, convention center, exhibition center or any other similar establishment designed for events or the congregation or gathering of people with a three-kilometer radius from an existing expressway.”

The substitute bill provides that government officials who have jurisdiction over the mall, sports center, convention center, or exhibition center are strictly enjoined to desist in issuing the permits required under Republic Act No. 6541 or the “National Building Code of the Philippines” or its Implementing Rules and Regulations for the construction of such structures or facilities within the 3-kilometer radius from the entrance of an existing expressway.

Violators of the proposed “Anti-Expressway Motor Vehicle Traffic Congestion Act of 2019” shall be slapped with a penalty of one month to six-month imprisonment or a fine amounting to or both at the discretion of the court.

“This is without prejudice to the imposition of other applicable criminal or administrative penalties to the offending public officer/s as may be provided under existing laws, rules and regulations,” the bill said.

The penalties shall be imposed on the owner of the mall, sports center, convention center, exhibition center or similar establishment, it provides.

Sarmiento, co-author of the bill, said that, in case the owner of the structure or facility is a corporation, the officers of the corporation shall be held liable for the violation of this Act.

In case, the owner of the structure of the facility is a partnership, all the partners shall be held jointly and solidarily liable for this Act, he added.