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.
Sec.
2. Definition of Terms. -
(a) “National government projects” shall refer
to all c urrent
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 Act No. 7718, otherwise known as
the
Build-Operate-and-Transfer Law, and other 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, regardless of the source of funding.
(b) “Service contracts” shall refer to
infrastructure contracts
entered
into by any department, offfice or agency of the national government
with
private entities and nongovernment organizations for services related
or
incidental to the functions and operations of the department, office or
agency concerned.
Sec.
3. Prohibition on the Issuance of Temporary Restraining Orders,
Preliminary
Injunctions and Preliminary Mandatory 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, whether
public or private, acting under the government’s direction, to
restrain,
prohibit or compel the following acts:
(a)
Acquisition, clearance and development of the right-of-way and/or site
or location of any national government project;
(b)
Bidding or awarding of contract/project of the national government as
defined
under Section 2 hereof;
(c)
Commencement, prosecution, execution, implementation, operation of any
such contract or project;
(d)
Termination or rescission of any such contract/project; and
(e)
The undertaking or authorization of any other lawful activity necessary
for such contract/project.
This
prohibition shall apply in all cases, disputes or controversies
instituted
by a private party, including but not limited to cases filed by bidders
or those claiming to have rights through such bidders involving such
contract/project.
This prohibition shall 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. The
applicant shall file a bond, in an amount to be fixed by the court,
which
bond shall accrue in favor of the government if the court should
finally
decide that the applicant was not entitled to the relief sought.
If
after due hearing the court finds that 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 any liability that the guilty party may
incur under existing laws.
Sec.
4. Nullity of Writs and Orders. - Any temporary restraining
order,
preliminary injunction or preliminary mandatory injunction issued in
violation
of Section 3 hereof is void and of no force and effect.
Sec.
5. Designation of Regional Trial Courts. - The
Supreme
Court may designate regional trial courts to act as commissioners with
the sole function of receiving facts of the case involving acquisition,
clearance and development of right-of-way for government infrastructure
projects. The designated regional trial court shall within thirty (30)
days from the date of receipt of the referral, forward its findings of
facts to the Supreme Court for appropriate action.
Sec.
6. Penal Sanction. - In addition to any civil and
criminal
liabilities he or she may incur under existing laws, any judge who
shall
issue a temporary restraining order, preliminary injunction or
preliminary
mandatory injunction in violation of Section 3 hereof, shall suffer the
penalty of suspension of at least sixty (60) days without pay.
Sec.
7. Issuance of Permits. - Upon payment in cash of the
necessary
fees levied under Republic
Act No. 7160, as amended, otherwise known as the Local Government Code
of 1991, the governor of the province 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. The issuance
of said permit shall consider environmental laws, land use ordinances
and
the pertinent provisions of the
Local Government Code relating to environment.
Sec.
8. Separability Clause. - If any provision of this Act is
declared
unconstitutional or invalid, other parts or provisions hereof not
affected
thereby shall continue to be of full force and effect.
Sec.
9. Repealing Clause. - All laws, decrees, including
Presidential
Decree Nos. 605, 1818 and Republic Act No. 7160, as amended, orders,
rules
and regulations or lparts thereof inconsistent with this Act are hereby
repealed or amended accordingly.
Sec.
10. Effectivity Clause. - This Act shall take effect
fifteen
(15) days following its publication in at least two (2) newspapers of
general
circulation.
Approved:
November 7, 2000.
