By Vanne Elaine Terrazola  Neophyte Senator Francis Tolentino is reviving proposals that would grant the President emergency powers to solve the perennial traffic problem in Metro Manila and other major cities in the country. Tolentino recently filed Senate Bill 213, the proposed Special Emergency Powers Act, which seeks the declaration of a national emergency due to the country's traffic congestion crisis and grant the Chief Executive the authority to exercise powers necessary to address this for a limited period of time. Neophyte Senator Francis Tolentino
(FACEBOOK / MANILA BULLETIN) Under the bill, the President shall be given emergency powers to “urgently utilize all necessary government resources, exercise police power and the power of eminent domain,  and employ executive actions to ensure effective procurement,  implementation, reconfiguration, harmonization,  and completion of national and local transportation projects intended to address traffic and congestion crisis.” The proposed emergency powers cover Metro Manila, Metro Cebu, Davao City, Cagayan de Oro City, and other highly urbanized cities. The measure, however, designates the Transportation Secretary as the “traffic crisis czar” who will exercise the vast powers granted to the President. The traffic czar shall be under the direct control and supervision of the President. The Tolentino bill is similar to the version approved by the House of Representatives in December last year. SB No. 213 provides that the emergency powers granted to the President will be valid for two years, unless sooner withdrawn by Congress through a resolution. Department of Transportation Secretary Arthur Tugade supported the measure as he admitted asking the former MMDA chairman to push for the granting of emergency powers in the 18th Congress. He was in the Senate Wednesday to discuss the proposal with Tolentino. He said he needs the emergency powers to solve the traffic crisis. While Tolentino's bill explicitly proposed that the emergency powers be granted to the Chief Executive, Tugade said President Duterte did not insist on being given the said authority. “No...the President was not part of the equation or his requests. What we were talking about now is only between a senator and the Department of Transportation (DOTr). If the President will endorse this, then we will appeal to Congress,” Tugade said in an interview after meeting the pro-administration senator. Traffic crisis czar As the President's alter ego, the Transportation Secretary shall have the complete authority over transportation and public works projects under the government's “Build, Build, Build” infrastructure program. He shall also have the power to harmonize traffic laws, rules and regulations, not only in land, but also air and sea travels. The bill would also allow the traffic crisis czar to enter into direct contracting, repeat order and direct negotiation and other alternative modes of procurement under the current law for priority projects. Local government units may also enter into agreements with private sectors for transportation projects subject to the czar's approval. The traffic crisis czar may also take over or direct the operation of any kind of public utility vehicle as may be necessary. Under the proposed law, no court, except the Supreme Court, may issue temporary restraining order or preliminary injunction against the government for exercising the emergency powers. Adjusted work, school hours Tolentino also said his bill would allow the traffic czar to rationalize the use of road and transport routes efficiently by adjusting work and school hours. Private and public entities, as well as educational institutions to adopt alternative work arrangements or flexible school hours. The provisions of labor laws that prohibit such acts will be suspended during the effectivity of the emergency powers. Optimistic Tugade was hopeful that the proposed emergency powers will hurdle the Senate this time. While the Senate Committee on Public Services approved the measure in the 17th Congress, the proposed emergency powers bill failed to be approved on final reading after President Duterte expressed concern that it may trigger massive corruption in government. Senator Grace Poe, committee chair and sponsor of the bill, also noted that the DOTr failed to provide senators the specific projects that will be implemented once the emergency powers were granted. Tugade assured he will cooperate with senators for the approval of the bill.