Resolution Strongly Urging the Metro Manila Council to Recall MMDA Regulation No. 18-005 and Calling for MMDA to Immediately Suspend the Implementation Thereof

August 15, 2018

SENATE RESOLUTION NO. 123

RESOLUTION STRONGLY URGING THE METRO MANILA COUNCIL TO RECALL MMDA REGULATION NO. 18-005 "ESTABLISHING THE EXPANDED HIGH OCCUPANCY VEHICLE LANES IN EDSA" AND CALLING FOR METROPOLITAN MANILA DEVELOPMENT AUTHORITY (MMDA) TO IMMEDIATELY SUSPEND THE IMPLEMENTATION THEREOF

WHEREAS, the Metro Manila Council issued in 2017, without public consultation and hearing, MMDA Regulation No. 17-400 "Establishing the High Occupancy Vehicle Lanes in EDSA" which designated the lanes closest to the Metro Rail Transit Line 3 for the exclusive use of motor vehicles with at least two (2) occupants otherwise known as "High Occupancy Vehicles" ("HOVs");

WHEREAS, following the alleged but unknown success of the dry-run of the implementation of MMDA Resolution No. 17-400, the Metro Manila Council, still without public consultation and hearing, subsequently issued MMDA Regulation No. 18-005 "Establishing the Expanded High Occupancy Vehicle Lanes in EDSA" ("Regulation") designating all lanes of EDSA as HOV Lanes;

WHEREAS, the Regulation effectively imposed a driver-only ban in the whole 23.8 kilometer stretch of EDSA, from 7:00 a.m. until 10:00 a.m. and from 6:00 p.m. until 9:00 p.m. from Monday to Friday, thereby depriving thousands of people of the use of the country's major thoroughfare;

WHEREAS, it is not proven, empirical or otherwise, that indeed, seventy percent (70%) of the motor vehicles plying EDSA are driver-only-driven;

WHEREAS, experts and citizens alike protest, criticize and doubt the success of HOV regulations in easing traffic congestion in the absence of safe and reliable alternative means of transportation, and uncongested vehicular road routes;

WHEREAS, transportation experts, including University of the Philippines Planning and Development Research Foundation's Primitivo Cal, warned that such "piecemeal" or "band-aid" measure could even worsen traffic congestion as it could encourage the proliferation of unauthorized "for-hire" vehicles or "colorum," as shown by the recently scrapped Indonesian model;

WHEREAS, a transportation research of a fellow from the Institute of Transportation Studies, University of California Berkeley, showed that a HOV regulation will not eliminate congestion as it was proven that it will not always be more effective than general-purpose lanes;

WHEREAS, the implementation of HOV lanes in other jurisdictions, including the US, Canada, and Indonesia, had been criticized as ineffective and counterproductive in addressing traffic congestion; CAIHTE

WHEREAS, other jurisdictions provide for incentives for HOVs instead of imposing a total ban for driver-only vehicles;

WHEREAS, the implementation of a regulation that would allegedly affect seventy percent (70%) of the road-users tax-paying motorists plying the Philippines' major thoroughfare without holding a prior public consultation or hearing is violative of the due process of law enshrined and protected under the Constitution: Now, therefore, be it

Resolved by the Senate, To strongly urge the Metro Manila Council and the Metropolitan Manila Development Authority to conduct public consultations, further study the driver-only ban, and provide for real solutions to Metro Manila traffic congestions.

Resolved, further, To strongly urge the Metro Manila Council to recall MMDA Regulation No. 18-005 "Establishing the Expanded High Occupancy Vehicle Lanes in EDSA," and for MMDA to immediately suspend the implementation thereof.

Adopted,

Signed by representative

VICENTE C. SOTTO IIIPresident of the Senate

This Resolution was adopted by the Senate on August 15, 2018.

(SGD.) MYRA MARIE D. VILLARICASecretary of the Senate