Law Summary
Definition of Terms
- "National government projects" include all national government infrastructure, engineering works, service contracts, projects by government-owned and controlled corporations, projects under the Build-Operate-and-Transfer Law, and related activities such as site acquisition, supply, installation, construction, operation, maintenance, repair, and rehabilitation.
- "Service contracts" refer to infrastructure contracts between national government departments/agencies and private entities or NGOs for services related or incidental to their operations.
Prohibition on Issuance of Injunctions and Restraining Orders
- No courts except the Supreme Court can issue temporary restraining orders (TROs), preliminary injunctions, or preliminary mandatory injunctions against the government or entities acting under government direction to restrain activities related to government projects.
- Activities protected include acquisition and development of right-of-way/sites, bidding and awarding of contracts, implementation, execution, operation, termination or rescission of projects/contracts, and other lawful necessary activities.
- This prohibition covers disputes filed by private parties, including bidders or claimants through bidders.
- Exceptions apply only in cases of extreme urgency involving constitutional issues where serious injustice or irreparable injury would result.
- Applicants must post a bond fixed by the court, forfeited if the relief is unjustified.
- Courts finding contract awards null may order award to qualified bidders or rebidding, without prejudice to liabilities.
Nullity of Unauthorized Writs and Orders
- Any TRO, preliminary injunction, or mandatory injunction issued in violation of the prohibition is void and has no legal effect.
Designation of Regional Trial Courts
- The Supreme Court may assign regional trial courts to act as fact-finders for cases involving right-of-way acquisition for government projects.
- Such courts must forward factual findings to the Supreme Court within 30 days for appropriate action.
Penal Sanctions for Judges
- Judges issuing prohibited injunctions or restraining orders face a suspension of at least 60 days without pay.
- This is in addition to any civil or criminal liabilities under existing laws.
Issuance of Permits for Extraction of Quarry Resources
- Governors or mayors must promptly issue permits for extraction of sand, gravel, and quarry resources needed for government projects upon payment of prescribed fees.
- Permit issuance must comply with environmental laws, land use ordinances, and provisions of the Local Government Code concerning the environment.
Separability Clause
- If any provision is declared unconstitutional or invalid, remaining provisions remain effective and enforceable.
Repealing Clause
- Laws, decrees (including Presidential Decrees Nos. 605 and 1818 and Republic Act No. 7160 as amended), orders, and regulations inconsistent with this Act are repealed or amended accordingly.
Effectivity Clause
- The Act takes effect 15 days after its publication in at least two newspapers of general circulation.