Professional Documents
Culture Documents
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Excerpts from the transcripts of joint committee
hearings/ speech for SB Nos. 11, 154, 999, and 1067
(substituted as SB 1284)
As retrieved from https://janus.senate.gov.ph/cgi-bin/welcome/
senate
PAGE 10
THE CHAIRPERSON (SEN. POE).
….The President has supplied the framework on how to fix the traffic mess
which in capsule form is that extraordinary problems require extraordinary
powers to solve. The rule on such request for great powers has always been,
“the President proposes, Congress disposes.” We will soon wade into the
details of the bills and carefully study its provisions with no other motive but to
improve it. We must be open to innovative solutions and be ready to think out
of the box. But though we are open to innovation, we must also be responsible
with our actions.
PAGE 11
For instance, we must have clear-cut parameters as what constitutes an
emergency. Second, we must be clear on what those emergency powers will
be used for and whether they can effectively address the problems. It is
important for us to define and quantify the objectives of the bills.
Let me share with you the principles I will apply in evaluating your request for
emergency powers. First, it must be FOI-compliant. This is one non-
negotiable principle, constant in its
implementation.
PAGE 12
It must permeate and penetrate all activities, contracts, projects, biddings,
documents, awards, payments made pursuant to the act of granting
emergency powers. Letting the sunlight in construction results in better built
infrastructure. Second, it must be fiscally responsible. The power to
expedite projects is not a license to contract an expensive one. We may allow
you to take shortcuts for as long as they do not short change the taxpayers.
There must be no hidden costs or undeclared conditional debts that will be
passed on to several generations. Third, it must have details and deadlines.
We will not go for vague powers or blank checks. Hindi puwede ang “Bahala na
kami.” Everything must be well-defined. The parameters must be set. I assure
you there will be elbowroom and wide latitude given but not wide enough for
thieves to sneak in. We will also insist on deadlines. It is not enough that you
will tell us that you will build a tunnel. We will require you to tell us the exact
date we will see the light at the end of it.
I think the most important is that we will only give you a set of powers on
the condition that you will first give us the bill of particulars. The powers
must be in pursuit of clearly identified results. What are the exact deliverables,
the cost of each, and when will it be finished? Specifically, the location of
projects, the price tag of each, and the deadline of completion. We will also be
inquiring on projects that may need no powers of the emergency kind to
implement. Kapag may obstruction sa kalsada, hindi emergency powers ang
kailangan pero tow truck. Kapag may nakabarang illegal na terminal sa kanto,
hindi emergency powers ang kailangan kung hindi pulis. Kapag ang isang lugar
ay madaling bahain na nagbubuhol tuloy ang traffic umaambon lang, hindi
emergency powers ang kailangan, ang kailangan ay ang mga taong maglilinis
ng kanal at estero. So what we will request you is to tell us the things you
plan to do, and tell us which of them would require emergency powers.
You and I agree that not all challenges entail the bestowal of special
powers to solve them
PAGE 222
In this hearing, we learned that, number one, we need emergency powers
bill that is detailed, particular and specific with deliverables, costs and
deadlines of completion. We also need it to be FOI compliant and fiscally
responsible.
PAGE 225
We must find better ways to move our most important resource—our people.
As such, we need to determine whether granting emergency power shall
achieve the objectives even if my fellow senators here are already saying that
they will grant it definitely. I think that we owe it to ourselves and to the public to
erase any doubts in their minds that anything is being abused and that we are
doing our due diligence to make sure that we don’t give anything in excess of
what we need.
PAGE 204
ON COLORUM
THE CHAIRPERSON (SEN. POE).
O, sige. So ganito na lang po, kasi matagal na iyan na nirereklamo. Humihingi
ang DOT ng ating administrasyon ng emergency powers, pero nasa batas
naman na hulihin ang mga colorum. Hindi kailangan ng emergency
powers diyan. Para magkaroon kami ng kumpiyansa na magagawa ninyo
iyong mga malalaking bagay ay iyong mga nasa harapan natin ay linisin muna
natin. Gagawin nating kondisyon siguro iyan nang magkaroon ng malaking
improvement sa pagbabawas ng colorum bago natin sabihin na bibigyan natin
ng emergency powers. Dahil hindi ba parang emergency powers na, pero
iyong mga mayroon na kayong kapangyarihan na gawin ang mga dapat
ninyong gawin ngayon ay hindi pa rin ninyo nagagawa, eh bakit natin
dadagdagan pa ang kapangyarihan kaagad-agad? Parang kaunting reward
rin galing sa inyo na, “Ito ang aming gagawin, naguumpisa na kami ngayon.”
So pwede bang magkaroon, Ms. Lontoc, ng isang task force na kasama itong
mga private na ito na kung kailangang tumayo sa mga kanto-kanto na ituro na
iyong mga colorum. Imagine, kasunduan iyan, one million ang fine. That would
really prevent them from going out. Would it be cost effective? Only if it is
implemented. But six in one year? Iyon ba ang sinasabi ninyo? Or in how many
months?
PAGE 215
ON CONFLICT BETWEEN LGUS AND MMDA
THE CHAIRPERSON (SEN. POE). Sir, kaya nga po natin pinag-uusapan dito
ang emergency powers na kontra kayo, kasi nga dahil nga sa mga balakid sa
batas na nagkakaroon tuloy ng hindi pagkakaunawaan ng local government at
national government. Pero tama kayo, hindi naman puwedeng forever
emergency powers. Kailangan ayusin ang batas kung maaayos din natin.
Okay, next. Kayo na lang po, Usec Kintanar, and then we’ll wrap up.
PAGE 7 - 8
THE CHAIRPERSON (SEN. POE).
Nakapagpadala na tayo ng satellite sa space, nakapagpanalo na tayo ng kaso
sa arbitral tribunal pero ang isang pang-araw-araw na problema tulad ng
trapiko ay hindi pa rin nasosolusyunan. However, our traffic woes should not
be as a blanket excuse to grant emergency powers without making sure
that these powers are FOI-compliant, time-bound, fiscally responsible,
detailed and particular.
PAGE 11
….Alam ninyo ho ba kung bakit ko iginigiit ito? Simple lang. Because with
great emergency powers come great fiscal responsibility. These projects
will incur expenses beyond our means to raise. To realize them, we have to
mortgage our children’s future and perhaps take a second mortgage on our
apo. Kaya gusto kong malaman kung ang mga gagastusin ay factored in na sa
tax reform program ng administrasyon in the cost of abating traffic computed in
the new revenues that must be raised.
PAGE 79
…...Okay. That I understand. So, you are still in the planning stage. Let me
just remind you also that the emergency powers will only extend and
cannot extend beyond the Seventeenth Congress. So, those things that
you need to identify should be identified within that period if it’s for the
emergency powers.
PAGE 149
THE CHAIRPERSON (SEN. POE). Thank you, Senator Migz. Before I give my
concluding remarks, one last question to Secretary Tugade. When I asked you
about the almost 40 billion BRT line—so PPPfunded ito. Kung kasama sa
emergency powers, does it mean na walang bidding?
MR. TUGADE. Hindi ho. Mayroon hong bidding ito. Papasok din ho sa
processes ng NEDA, may bidding po iyan.
THE CHAIRPERSON (SEN. POE). Sir, it doesn’t necessarily mean that just
because it’s within the purview of the emergency powers that you will eliminate
bidding in this instance?
PAGE 150
THE CHAIRPERSON (SEN. POE). Well, that is reassuring, sir. And then, thank
you for reminding us the public that there will be an oversight committee. So as
we conclude the third hearing on the proposals to grant emergency powers to
the President— Well, let me just have this option. Allow me to summarize
what we’ve learned. First, it appears that DOTr in order to address the
traffic crises in the Philippines request an exemption from the tedious
procurement process. And they will need a speedy procurement—that is
one of the proposed solutions to transportation crises. However, it can
eliminate competitive bidding to an extent. We may also allow shortcuts
for as long as they do not short-change the taxpayers. Second, the DOTr
prefers a single traffic authority. We have already discussed this. Emergency
powers should include the budget for relocating informal settler families and
improving relocation sites. Thus, there is a need for a national government-
local and government partnership. We heard about ICT-based solutions to
address traffic congestion. We want to include the obtaining of permits for cell
towers to be part of the emergency powers so that we will have faster Internet
and clearer cellphone service. As underscored by the DICT, emergency powers
are needed to reduce red tape in LGUs. We hope that what we have
gathered through this series of hearings will help us craft an FOI-
compliant, fiscally responsible, detailed, particular, and deadline oriented
emergency powers bill. I think this might be our last public hearing. And then,
after that we will be having technical working groups unless something comes
up that we need to call for another one.
• 10/12/2016 | JOINT COMMITTEE MEETINGS/ HEARINGS
PAGE 7
THE CHAIRPERSON (SEN. POE).
Halimbawa, balita ko, may enforcer na rin sa Kalentong at medyo lumuwag na
ang daanan doon. Iyan ay ni-request ko noon sa MMDA chairman. Hindi po
kailangan ng emergency powers, nagkaroon po ng kaluwagan ang—iyan po
iyong Kalentong. So dati po kasi ang daming mga nakabalandra diyan, pero
noong nabanggit natin sa ating huling hearing na nag-request tayo, “Baka
naman pwedeng tutukan,” ay nagkaroon po ng kaunting kaluwagan. Wala
pong emergency powers diyan. Ito ay patunay na hindi lahat ng solusyon
kailangan ng semento pero sentido kumon lang. And many of them do
not require special powers, just simple will power of people with the
courage to introduce them.
PAGE 10
When it comes to spending taxpayers’ money, the rule is that the bigger
the expenditure, the rigorous the scrutiny must be. If the Emergency
Power’s Bill is not the magic wand that will make all our problems go
away, it is also not a magic password that should allow thieves to just
come in and have their day.
PAGE 155
First, allow me to repeat what I’ve said in the past hearings and today’s
opening remarks. There are projects that do not need emergency powers
at all but you can already implement them now.
Second, we expect you to act on the following without emergency
powers: One, do something about having too many unqualified drivers
on the road. These people do not know or understand traffic signs, signals, so
please make sure that the exams— To obtain a driver’s license should really be
professionalized. Hindi yung puro lusot. And especially with the new traffic
programs that you have with the BTR, you have to include that in the exam.
What exactly does that mean pag may dedicated line na ganoon? You have to
be able to revise those exams.
Next, there are questions about whether emergency powers will be supported
with sources of funding. The bill is not supposed to be a supplemental budget.
There is a need to coordinate with DBM and NEDA for purposes of creating
much needed budget space.
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Related sources:
We are in a war against traffic; but if the people who will receive
such emergency powers will categorically say that the powers are an
ammunition they no longer need, then the onus of solving it falls solely
and squarely on them.
*END*