Question & AnswerQ&A (Republic Act No. 8975)
The main purpose of Republic Act No. 8975 is to ensure the expeditious implementation and completion of government infrastructure projects by prohibiting lower courts from issuing temporary restraining orders, preliminary injunctions, or preliminary mandatory injunctions that could delay such projects.
National government projects refer to all current and future national government infrastructure, engineering works, and service contracts, including those by government-owned and -controlled corporations, projects covered by Build-Operate-and-Transfer Law, and related activities such as site acquisition, equipment installation, implementation, operation, maintenance, and repair regardless of funding source.
Service contracts are infrastructure contracts entered into by any department, office, or agency of the national government with private entities or nongovernment organizations for services related or incidental to the functions and operations of the concerned government agency.
All courts except the Supreme Court are prohibited from issuing temporary restraining orders, preliminary injunctions, or preliminary mandatory injunctions against the government or entities acting under its direction in relation to national government projects.
The applicant must file a bond in an amount fixed by the court, which will accrue to the government if the applicant is ultimately not entitled to the relief sought.
Governors or mayors are required to immediately issue necessary permits to extract sand, gravel, and other quarry resources needed for government projects upon payment of fees, considering environmental laws and land use ordinances.
The Supreme Court may designate Regional Trial Courts to act as commissioners to receive and forward factual findings related to acquisition, clearance, and development of right-of-way for government infrastructure projects within 30 days for appropriate action by the Supreme Court.