The document is the RA 8975 Act which aims to expedite government infrastructure projects by prohibiting lower courts from issuing temporary restraining orders, preliminary injunctions, or preliminary mandatory injunctions against the government or those acting on its behalf for such projects. It defines national government projects and service contracts. It prohibits these court orders for activities related to project acquisition, bidding, implementation, and more. Violation of this prohibition results in the court order being void and the judge facing suspension. It also addresses permits for project resources.
The document is the RA 8975 Act which aims to expedite government infrastructure projects by prohibiting lower courts from issuing temporary restraining orders, preliminary injunctions, or preliminary mandatory injunctions against the government or those acting on its behalf for such projects. It defines national government projects and service contracts. It prohibits these court orders for activities related to project acquisition, bidding, implementation, and more. Violation of this prohibition results in the court order being void and the judge facing suspension. It also addresses permits for project resources.
The document is the RA 8975 Act which aims to expedite government infrastructure projects by prohibiting lower courts from issuing temporary restraining orders, preliminary injunctions, or preliminary mandatory injunctions against the government or those acting on its behalf for such projects. It defines national government projects and service contracts. It prohibits these court orders for activities related to project acquisition, bidding, implementation, and more. Violation of this prohibition results in the court order being void and the judge facing suspension. It also addresses permits for project resources.
7, 2000 AN ACT TO ENSURE (a) Acquisition, clearance and development of
THE EXPEDITIOUS IMPLEMENTATION AND the right-of-way and/or site or location of any COMPLETION OF GOV’T INFRASTRUCTURE national government project; PROJECTS BY PROHIBITING LOWER COURTS FROM ISSUING TEMPORARY RESTRANING (b) Bidding or awarding of contract/ project of ORDERS. PRELIMINARY INJUNCTIONS OR the national government as defined under Sec. 2 PRELIMINARY MANDATORY INJUNCTIONS, hereof; PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER PURPOSES. (c) Commencement prosecution, execution, implementation, operation of any such contract Sec. 1. Declaration of Policy. – Art. XII, Sec. 6 of the or project; Constitution states that the use of property bears a social function, and all economic agents shall (d) Termination or rescission of any such contribute to the common good. Towards this end, contract/project; and the State shall ensure the expeditious and efficient implementation and completion of government (e) The undertaking or authorization of any infrastructure projects to avoid unnecessary other lawful activity necessary for such increase in construction, maintenance and/or contract/project. repair costs and to immediately enjoy the social and economic benefits therefrom. This prohibition shall apply in all cases, disputes or controversies instituted by a private party, Sec. 2. Definition of Terms. – including but not limited to cases filed by bidders or those claiming to have rights through such bidders (a) National government projects" shall refer to involving such contract/project. This prohibition all current and future national government shall not apply when the matter is of extreme infrastructure, engineering works and service urgency involving a constitutional issue, such that contracts, including projects undertaken by unless a TRO is issued, grave injustice and government-owned and –controlled irreparable injury will arise. The applicant shall file corporations, all projects covered by RA 6957, as a bond, in an amount to be fixed by the court, which amended by RA 7718, otherwise known as the bond shall accrue in favor of the government if the Build-Operate-and-Transfer Law, and other court should finally decide that the applicant was related and necessary activities such as site not entitled to the relief sought. acquisition, supply and/or installation of equipment and materials, implementation, In after due hearing the court finds that the award construction, completion, operation, of the contract is null and void, the court may, if maintenance, improvement, repair and appropriate under the circumstances, award the rehabilitation, regardless of the source of contract to the qualified and winning bidder or funding. order a rebidding of the same, without prejudice to any liability that the guilty party may incur under (b) "Service contracts" shall refer to existing laws. infrastructure contracts entered into by any department, office or agency of the national Sec. 4. Nullity of Writs and Orders. – Any TRO, government with private entities and non- preliminary injunction or preliminary mandatory government organizations for services related or injunction issued in violation of Sec. 3 hereof is void incidental to the functions and operations of the and of no force and effect. department, office or agency concerned. Sec. 5. Designation of RTCs. - The Supreme Court Sec. 3. Prohibition on the Issuance of TROs, may designate RTCs to act as commissioners with Preliminary Mandatory Injunctions. – No court, the sole function of receiving facts of the case except the Supreme Court, shall issue any TRO, involving acquisition clearance and development of preliminary injunction or preliminary mandatory right-of-way for government infrastructure injunction against the government, or any of its projects. The designated regional trial court shall subdivisions, officials or any person or entity, within 30 days from the date of receipt of the whether public or private acting under the referral, forwards its findings of facts to the government direction, to restrain, prohibit or Supreme Court for appropriate action. compel the following acts: 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 TRO, preliminary injunction or preliminary mandatory injunction in violation of Sec. 3 hereof, shall suffer the penalty of suspension of at least 60 days without pay.
Sec. 7. Issuance of Permits. – Upon payment in cash
of the necessary fees levied under RA 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 PD 605, 1818 and RA 7160, as amended, orders, rules and regulations or parts thereof inconsistent with this Act are hereby repealed or amended accordingly.
Sec. 10. Effectivity Clause. – This Act shall take
effect 15 days following its publication in at least 2 newspapers of general circulation.