Key definitions for covered projects
- “National government projects” covers all current and future national government infrastructure, engineering works, and service contracts.
- National government projects include projects undertaken by government-owned and -controlled corporations.
- National government projects include all projects covered by Republic Act No. 6957, as amended by Republic Act No. 7718 (the Build-Operate-and-Transfer Law).
- National government projects also include related and necessary activities such as site acquisition, supply and/or installation of equipment and materials, implementation, construction, completion, operation, maintenance, improvement, repair, and rehabilitation.
- “Service contracts” mean infrastructure contracts entered into by any department, office, or agency of the national government with private entities and nongovernment organizations for services related or incidental to the functions and operations of the concerned department, office, or agency.
Total ban on lower courts’ injunctions
- No court, except the Supreme Court, shall issue any temporary restraining order, preliminary injunction, or preliminary mandatory injunction against the government or any of its subdivisions, officials, or any person or entity acting under the government’s direction.
- The ban covers injunctions intended to restrain, prohibit, or compel the following acts involving national government projects:
- acquisition, clearance, and development of the right-of-way and/or site or location;
- bidding or awarding of the contract/project;
- commencement, prosecution, execution, implementation, operation of the contract or project;
- termination or rescission of the contract/project; and
- undertaking or authorization of any other lawful activity necessary for the contract/project.
- The prohibition applies to all disputes or controversies instituted by a private party, including cases filed by bidders or those claiming rights through bidders involving such contract/project.
- The prohibition does not apply when the matter is of extreme urgency involving a constitutional issue, such that unless a temporary restraining order is issued, grave injustice and irreparable injury will arise.
- In the constitutional-extreme-urgency exception, the applicant must file a bond in an amount fixed by the court, and the bond accrues in favor of the government if the court finally rules that the applicant was not entitled to the relief sought.
- If, after due hearing, the court finds the award of the contract is null and void, the court may, if appropriate under the circumstances, award the contract to the qualified and winning bidder or order a rebidding of the same, without prejudice to liability the guilty party may incur under existing laws.
Voidness of prohibited writs and orders
- Any temporary restraining order, preliminary injunction, or preliminary mandatory injunction issued in violation of the injunction ban is void and has no force and effect.
- Voidness applies regardless of the form of the prohibited writ (temporary restraining order, preliminary injunction, or preliminary mandatory injunction).
- The legal effect of a prohibited writ is null from the beginning.
Supreme Court fact-finding via commissioners
- The Supreme Court may designate regional trial courts to act as commissioners.
- The commissioners’ sole function is to receive facts of cases involving acquisition, clearance, and development of right-of-way for government infrastructure projects.
- The designated regional trial court must forward its findings of facts to the Supreme Court within thirty (30) days from receipt of the referral.
- The process is limited to fact reception for right-of-way acquisition, clearance, and development.
Automatic judicial penalty for violations
- In addition to any civil and criminal liabilities under existing laws, a judge who issues a temporary restraining order, preliminary injunction, or preliminary mandatory injunction in violation of the injunction ban must be penalized.
- The penalty is suspension of at least sixty (60) days without pay.
- The suspension is imposed on the judge personally for the prohibited issuance.
Local permit requirement for quarry resources
- After payment in cash of necessary fees levied under Republic Act No. 7160, as amended (the Local Government Code of 1991), the governor of a province or the mayor of a highly-urbanized city must immediately issue the necessary permit to extract sand, gravel, and other quarry resources needed in government projects.
- The permit issuance must consider environmental laws.
- The permit issuance must consider land use ordinances.
- The permit issuance must consider the pertinent provisions of the Local Government Code of 1991 relating to environment.
- The permit relates specifically to quarry resources needed for government projects.
Separability of invalid provisions
- If any provision of the Act is declared unconstitutional or invalid, the remaining parts or provisions not affected by the invalidity continue to have full force and effect.
Repeal or amendment of inconsistent rules
- All laws, decrees, including Presidential Decree Nos. 605 and 1818, and Republic Act No. 7160, as amended, are repealed or amended accordingly insofar as they are inconsistent with the Act.
- All orders, rules and regulations, or parts thereof inconsistent with the Act are repealed or amended accordingly.
Effectivity after publication in newspapers
- The Act takes effect fifteen (15) days following its publication in at least two (2) newspapers of general circulation.
Effectivity, approval, and legislative completion
- The Act was approved on November 7, 2000.
- The Act was enacted as Republic Act No. 8975.
- Approval appears under the signature of the President of the Philippines, Joseph E. Estrada.
- The Act provides that it is a consolidation of Senate Bill No. 2038 and House Bill No. 898.
- The Senate finally passed it on August 29, 2000 and the House of Representatives finally passed it on October 10, 2000.