The War on Traffic: Emergency Powers & Traffic Crisis Bill

LAST August or less than two months after President Rodrigo Duterte assumed office, the Philippine Senate began a series of hearings to determine whether or not to grant emergency powers to President Duterte for solving the country’s traffic problem.

The last time Congress granted emergency powers to a President was in the 1990s to solve the Philippines’ power crisis. In the exercise of his emergency powers, then-President Fidel V. Ramos fast-tracked the construction of power plants by independent power producers and obligated the government to purchase power under “take or pay” contracts.

If the traffic crisis is to be considered a “national emergency,” there is legal basis for Congress to grant emergency powers to the President. Article VI, Section 23(2) of the Philippine Constitution allows Congress to exercise emergency powers in times of war or other national emergency. Such emergency powers must be granted through a law, for a limited time and may be withdrawn sooner by Congress.

The emergency power that may be granted to the President to solve the traffic crisis is entirely different from the power to declare martial law under Article VII, Section 18 of the Constitution. Martial law may only be declared in case of invasion or rebellion when the public safety requires it, and may not be used to solve traffic or other national emergencies.

That said, the traffic crisis has reached the level of a national crisis with immense economic consequences. A 2014 study of the Japan International Cooperation Agency indicates that the Philippines loses at least P2.4 billion a day due to traffic. The quality of life and productivity of most Filipinos are also negatively affected. It’s no longer shocking to hear of people spending a total of six or more hours each day on travel time, with most Filipinos having to allocate several hours daily commuting to and from work.

As of this date, a total of 12 bills seeking to solve the traffic crisis have been filed in the House of Representatives. Recently, a version that seeks to consolidate all previous bills was created in House Bill 4334 or the “Traffic Crisis Act of 2016.”

Also recently, the House of Representatives has initiated hearings on the draft bill with the goal of potentially passing a Traffic Crisis Law by December 2016.

While the Traffic Crisis Bill is still a work in progress, the current draft contains several provisions that appear promising to effectively solve the traffic problem Metro Manila and other traffic congested areas (such as Cebu and Davao).

The bill designates a “Traffic Chief” that will have full power and authority to streamline the management of traffic and transportation in the covered areas.

The Traffic Crisis Bill also seeks to provide order by implementing a unified traffic system, a comprehensive Traffic Management Plan and a Route-Rationalization Plan for public utility vehicles (“PUVs”).

To fast-track critical projects that have an impact on traffic congestion, the bill allows alternative modes of procurement which would cut red tape and other common causes of delay for project implementation. To balance the flexibility granted by alternative modes of procurement, the bill mandates strict reporting and monitoring systems to increase transparency and accountability in project implementation. Part of the proposals in the bill includes project information to be provided in a publicly accessible website.

A Congressional Oversight Committee will also be created to monitor the exercise of emergency powers and the implementation of the law.

Other usual causes of delay in project implementation are also addressed by the bill such as immediate resolution of right of way cases, efficient determination of legality/constitutionality of projects, and exemption from lower court injunctions.

The bill also limits the emergency powers by providing a limited period for its effectivity (e.g., 3 years or less).

As we approach the Christmas season, the traffic problem is expected to worsen. The war against traffic continues, but an effective weapon to overcome this war may finally be available through the Traffic Crisis Law.