QuestionsQuestions (Republic Act No. 8975)
RA 8975 declares that the State must ensure the expeditious and efficient implementation and completion of government infrastructure projects to avoid unnecessary increases in costs and to immediately enjoy their social and economic benefits.
They include all current and future national government infrastructure, engineering works, and service contracts, including GOCC projects, projects covered by RA 6957 as amended by RA 7718 (BOT law), and related activities such as site acquisition, supply/installation of equipment and materials, construction, completion, operation, maintenance, improvement, repair, and rehabilitation, 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 NGOs for services related or incidental to the agency’s functions and operations.
No court except the Supreme Court shall issue any TRO, preliminary injunction, or preliminary mandatory injunction against the government or persons/entities acting under the government’s direction to restrain, prohibit, or compel specific actions related to national government projects.
Covered acts include: (1) acquisition/clearance/development of right-of-way or site/location; (2) bidding or awarding contract/project; (3) commencement, prosecution, execution, implementation, operation of the contract/project; (4) termination or rescission; and (5) undertaking/authorization of other lawful activities necessary for the contract/project.
No. It applies in all cases, disputes, or controversies instituted by a private party, including cases filed by bidders or those claiming rights through such bidders involving the covered contract/project.
The prohibition does not apply when there is extreme urgency involving a constitutional issue such that unless a TRO is issued, grave injustice and irreparable injury will arise.
If appropriate under the circumstances, the court may award the contract to the qualified and winning bidder or order a rebidding, without prejudice to liability of the guilty party under existing laws.
The Supreme Court may designate RTCs to act as commissioners with the sole function of receiving facts of cases involving acquisition, clearance, and development of right-of-way for government infrastructure projects.
Within thirty (30) days from receipt of the referral, the RTC must forward its findings of facts to the Supreme Court of appropriate action.
Any judge who issues a prohibited TRO, preliminary injunction, or preliminary mandatory injunction shall suffer the penalty of suspension of at least sixty (60) days without pay, in addition to other civil and criminal liabilities under existing laws.
Upon payment of necessary fees under RA 7160, the governor or mayor of a highly-urbanized city must 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 Local Government Code provisions on environment.
If any provision is declared unconstitutional or invalid, other parts not affected continue in full force and effect.
Section 9 (Repealing Clause) repeals or amends all laws, decrees, orders, rules, regulations, or parts thereof inconsistent with the Act, including cited references such as Presidential Decree Nos. 605, 1818 and RA 7160, as amended.