AN ACT TO ENSURE THE EXPEDITIOUS IMPLEMENTATION AND COMPLETION OF GOVERNMENT INFRASTRUCTURE PROJECTS BY PROHIBITING LOWER COURTS FROM ISSUING TEMPORARY RESTRAINING ORDERS
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AN ACT TO ENSURE THE EXPEDITIOUS IMPLEMENTATION AND COMPLETION OF GOVERNMENT INFRASTRUCTURE PROJECTS BY PROHIBITING LOWER COURTS FROM ISSUING TEMPORARY RESTRAINING ORDERS
Republic Act No. 8975
November 7, 2000
Case Overview and Summary
Summary of Republic Act No. 8975Declaration of Policy (Section 1):
- Ensure expeditious implementation and completion of government infrastructure projects to avoid cost increases and immediately enjoy social and economic benefits.
Definition of Terms (Section 2):
- "National government projects" refer to infrastructure, engineering works, service contracts, projects under Build-Operate-and-Transfer Law, and related activities like site acquisition, supply/installation, implementation, construction, operation, maintenance, repair, and rehabilitation, regardless of funding source.
- "Service contracts" refer to infrastructure contracts between government and private entities/NGOs for services related to government functions.
Prohibition on Issuance of Temporary Restraining Orders, Preliminary Injunctions, and Preliminary Mandatory Injunctions (Section 3):
- No court except the Supreme Court can issue these orders against the government or any person/entity acting under government direction to restrain, prohibit or compel:
- Right-of-way/site acquisition, clearance, and development for national government projects (Section 3a).
- Bidding or awarding of national government contracts/projects (Section 3b).
- Commencement, prosecution, execution, implementation, operation of such contracts/projects (Section 3c).
- Termination or rescission of such contracts/projects (Section 3d).
- Any other lawful activity necessary for such contracts/projects (Section 3e).
- Prohibition applies to cases instituted by private parties, including bidders or those claiming rights through bidders.
- Exception: when matter involves extreme urgency and constitutional issue that may cause grave injustice and irreparable injury if no temporary restraining order is issued. Applicant must file a bond in an amount fixed by the court.
- If court finds contract award null and void, it may award contract to qualified winning bidder or order rebidding.
Nullity of Writs and Orders (Section 4):
- Any temporary restraining order, preliminary injunction or preliminary mandatory injunction issued in violation of Section 3 is void and of no force and effect.
Designation of Regional Trial Courts (Section 5):
- Supreme Court may designate regional trial courts as commissioners to receive facts of cases involving right-of-way acquisition, clearance, and development for government infrastructure projects.
- Designated regional trial court must forward its findings of facts to the Supreme Court within 30 days for appropriate action.
Penal Sanction (Section 6):
- Any judge who issues a temporary restraining order, preliminary injunction or preliminary mandatory injunction in violation of Section 3 shall suffer the penalty of suspension of at least 60 days without pay, in addition to any civil and criminal liabilities under existing laws.
Issuance of Permits (Section 7):
- Upon payment in cash of necessary fees under Local Government Code of 1991, the governor or mayor of a highly-urbanized city shall immediately issue the necessary permit to extract sand, gravel and other quarry resources needed in government projects, considering environmental laws, land use ordinances, and relevant provisions of the Local Government Code relating to environment.
Separability Clause (Section 8):
- If any provision is declared unconstitutional or invalid, other parts not affected shall continue to be of full force and effect.
Repealing Clause (Section 9):
- All laws, decrees, orders, rules and regulations inconsistent with this Act, including Presidential Decree No. 605, 1818 and Republic Act No. 7160 (as amended), are hereby repealed or amended accordingly.
Effectivity Clause (Section 10):
- This Act shall take effect 15 days following its publication in at least two newspapers of general circulation.
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AN ACT TO ENSURE THE EXPEDITIOUS IMPLEMENTATION AND COMPLETION OF GOVERNMENT INFRASTRUCTURE PROJECTS BY PROHIBITING LOWER COURTS FROM ISSUING TEMPORARY RESTRAINING ORDERS
Republic Act No. 8975
•November 7, 2000
REPUBLIC ACT NO. 8975 November 7, 2000
AN ACT TO ENSURE THE EXPEDITIOUS IMPLEMENTATION AND COMPLETION OF GOVERNMENT INFRASTRUCTURE PROJECTS BY PROHIBITING LOWER COURTS FROM ISSUING TEMPORARY RESTRANING ORDERS. PRELIMINARY INJUNCTIONS OR PRELIMINARY MANDATORY INJUNCTIONS, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER PURPOSES.
Be it enacted by the Senate and House of Representatives of the Philippines Congress assembled:
Section 1. Declaration of Policy. - Article XII, Section 6 of the Constitution states that the use of property bears a social function, and all economic agents shall contribute to the common good. Towards this end, the State shall ensure the expeditious and efficient implementation and completion of government infrastructure projects to avoid unnecessary increase in construction, maintenance and/or repair costs and to immediately enjoy the social and economic benefits therefrom.
Section 2. Definition of Terms. –
(a) National government projects" shall refer to all current and future national government infrastructure, engineering works and service contracts, including projects undertaken by government-owned and –controlled corporations, all projects covered by Republic Act No. 6957, as amended by Republic...
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