Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FOURTEENTH CONGRESS
Second Regular Session

House Resolution No. __511_________

Introduced by the Honorable ROILO GOLEZ

RESOLUTION
TO DIRECT THE COMMITTEE ON METRO MANILA DEVELOPMENT TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE HUGE PERSONAL TARPAULINS OF THE MMDA CHAIRMAN, THE MMDA U-TURN LANES ALONG COMMONWEALTH AVENUE AND OTHER MAJOR AVENUES, AND THE USE OF NON-STANDARD PINK SIGNS AND PINK FENCES ALL OVER THE METROPOLIS, TO DETERMINE THE AMOUNT OF FUNDS EXPENDED OR BEING EXPENDED FOR SAID PROJECTS, TO FURTHER DETERMINE WHETHER SAID PROJECTS CONFORM WITH GOOD ORDER AND PUBLIC POLICY AND ASCERTAIN IF THE ATTENDANT EXPENDITURES HAVE BEEN AUTHORIZED AND APPROVED BY THE METRO MANILA COUNCIL IN ACCORDANCE WITH REPUBLIC ACT 7924 AND, FINALLY, WHETHER PUBLIC FUNDS AND GOVERNMENT RESOURCES ARE BEING USED FOR A PERSONAL POLITICAL AGENDA.


WHEREAS, Republic Act No. 7924 created the Metropolitan Manila Development Authority (MMDA), providing for the following Functions and Powers:
Formulate, coordinate and regulate the implementation of medium and long-term plans and programs for the delivery of metro-wide services, land use and physical development within Metropolitan Manila, consistent with national development objectives and priorities;
Prepare, coordinate and regulate the implementation of medium-term programs for metro-wide services which indicate sources and uses of funds for priority programs and projects, and which includes the packaging of projects and presentation to funding institutions;
Undertake and manage on its own metro-wide programs and projects for the delivery of specific services under its jurisdiction, subject to the approval of the Council. For this purpose, MMDA can create appropriate project management offices;
Coordinate and monitor the implementation of such plans, programs and projects in Metro Manila; identify bottlenecks and adopt solutions to problems of implementation;
Set the policies concerning traffic in Metro Manila, coordinate and regulate the implementation of all programs and projects concerning traffic management, specifically pertaining to enforcement, engineering and education. Upon request, it extends assistance and cooperation, including but not limited to, assignment of personnel, by all other government agencies and offices concerned;
Install and administer a single ticketing system, fix, impose and collect fines and penalties for all kinds of violations of traffic rules and regulations, whether moving or non-moving in nature, and confiscate and suspend or revoke drivers' licenses in the enforcement of such traffic laws and regulations. The MMDA enforces all traffic laws and regulations in Metro Manila, through its traffic operation center, and may deputize members of the PNP, traffic enforcers of local government units, duly licensed security guards, or members of non-governmental organizations to whom may be delegated certain authority, subject to such conditions and requirements as the Authority may impose; and
Perform other related functions required to achieve the objectives of the MMDA, including the undertaking of delivery of basic services to the local government units, when deemed necessary subject to prior coordination with and consent of the local government unit concerned.

WHEREAS, the aforementioned Republic Act 7924 provides that the Functions of the MMDA Chairman are as follows:
Appoint, subject to civil service laws, rules and regulations, all subordinate officers and employees, who enjoy security of tenure and may be removed only for cause in accordance with law. The chairman is hereby authorized to engage the services of experts/consultants either on full time or part-time basis, as may be required in the performance of his functions and duties as may be determined by him;
Execute the policies and measures approved by the Metro Manila Council and be responsible for the efficient and effective day-to-day management of the operations of the MMDA;
Prepare the annual budget for the operations of the MMDA for submission to the Council;
Submit for consideration of the Council such other policies and measures as he may deem necessary to carry out the purposes and provisions of the MMDA;
Subject to the guidelines and policies set by the Council, prepare the staffing pattern and fix the number of subordinate officials and employees of the MMDA; and exercise the power to discipline subordinate officials and employees under the provisions of law;
Prepare an annual report on the accomplishments of the MMDA at the close of each calendar year for submission to the Council and to the President of the Philippines ; and
Perform such other duties as may be assigned to him by the President or by the Council.


WHEREAS, it is clear from the aforementioned functions of the MMDA Chairman that the MMDA Chairman’s actions are subject to the policies and approval of the Metro Manila Council;

WHEREAS, the incumbent MMDA Chairman has implemented a number of projects such as the installation of pink fences along EDSA, Commonwealth Avenue and other Metro Manila thoroughfares, pink urinals, pink road signs, pink pedestrian overpasses, pink lanes;

WHEREAS, the incumbent MMDA Chairman has also set up makeshift, topsy turvy U-Turn Lanes in various major thoroughfares, such as along the newly widened and improved Commonwealth Avenue in Quezon City, which are perceived as traffic hazards and obstructions and eating up lanes, thus wasting the hundreds of millions of pesos used to widen and improve said avenue;


WHEREAS, the MMDA Chairman has allowed, apparently at government expense for materials and labor, the installation of huge tarpaulins bearing the Chairman’s huge personal photo which dominate the tarpaulin, on the posts along the centerline of EDSA;

WHEREAS, the said projects tend to uglify instead of beautify Metro Manila;

WHEREAS, said tarpaulins, as evidenced by comments published in various newspapers, “annoy or offend the senses” and as such uglify Metro Manila and may be deemed public nuisance per the Civil Code which defines nuisance in Article 694, Title VIII, Book II, as any act, omission, establishment, condition of property, or anything else which:

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(b) Annoys or offends the senses;

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WHEREAS, Administrative Order No. 160-A entitled “SPECIFYING THE LEGAL GROUNDS AND PROCEDURES FOR THE PROHIBITION AND ABATEMENT OF BILLBOARDS AND SIGNBOARDS CONSTITUTING PUBLIC NUISANCE OR OTHER VIOLATIONS OF LAW issued by the President on October 10, 2006, reiterated and stressed that pursuant to the National Building Code, Chapter 20, Section 2001, the following billboards and signboards are prohibited:

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(b) Those that unduly obstruct the natural view of the landscape, distract or obstruct the view of the public as to constitute a traffic hazard, or otherwise defile, debase, or offend the aesthetic and cultural values and traditions of the Filipino people.

WHEREAS, the aforesaid tarpaulins of the MMDA Chairman, due to their design, lay-out and positioning, appear to “annoy or offend the senses” and “unduly obstruct the natural view of the landscape, distract or obstruct the view of the public as to constitute a traffic hazard, or otherwise defile, debase, or offend the aesthetic and cultural values and traditions of the Filipino people” and may fall under the classification of public nuisance;

WHEREAS, ironically, the MMDA is one of those government agencies tasked by the President under Administrative Order No. 160-A to institute remedies against signboards deemed to be public nuisance;

WHEREAS, the MMDA Chairman, in many instances has categorically expressed his desire to run for higher office and there is concern that he is using his office and substantial public funds, through the aforementioned tarpaulins, for his personal political interest in vilolation of anti-graft laws and the code of conduct for public officials;


NOW, THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVE, TO DIRECT THE COMMITTEE ON METRO MANILA DEVELOPMENT TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE HUGE PERSONAL TARPAULINS OF THE MMDA CHAIRMAN, THE MMDA U-TURN LANES ALONG COMMONWEALTH AVENUE AND OTHER MAJOR AVENUES, AND THE USE OF NON-STANDARD PINK SIGNS AND PINK FENCES ALL OVER THE METROPOLIS, TO DETERMINE THE AMOUNT OF FUNDS EXPENDED OR BEING EXPENDED FOR SAID PROJECTS, TO FURTHER DETERMINE WHETHER SAID PROJECTS CONFORM WITH GOOD ORDER AND PUBLIC POLICY AND ASCERTAIN IF THE ATTENDANT EXPENDITURES HAVE BEEN AUTHORIZED AND APPROVED BY THE METRO MANILA COUNCIL IN ACCORDANCE WITH REPUBLIC ACT 7924 AND, FINALLY, WHETHER PUBLIC FUNDS AND GOVERNMENT RESOURCES ARE BEING USED FOR A PERSONAL POLITICAL AGENDA.


Adopted,




ROILO GOLEZ