FOURTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )

First Regular Session )
SENATE
S. No. 4
Introduced by Senator Antonio Sonny F. Trillanes IV
EXPLANATORY NOTE
The mode of transportation has exceedingly improved at present with the introduction of the Roll
oniRoll offShip or the so called Ro-Ro. This has been well-received by businessmen and
entrepreneurs for it allows them to transport their goods to any part of the country in a less costly
manner. Similarly, individuals who do not have enough budgets to cover fares for boats and
airplanes find the taking of Ro-Ro a good economical alternative.
While the Roll on/Roll off ship program of the government has drawn a lot of patronage from the
public, to some, taking the Ro-Ro could be tiresome. The concept of Ro-Ro is basically a
passenger ferry on short sea routes. Public buses have to go to the nearest port where available
ferries will carry it to the next port of destination. This being the case, passengers has to
disembark from the ferries and return to the buses several times so that they will be able to
continue with the duration of the travel.
This bill intends to provide the public with another mass transport system that is cheaper, faster,
safer and reliable. It also envisions enhancing agricultural productivity and promoting inter-
regional trade and commerce.
With the enactment of this bill, the public will have an opportunity to travel in any part of Luzon,
Visayas or Mindanao via a railway system that links the three islands of the Philippines.
Furthermore, this bill will bring about the consolidation of the Philippine National Railways
(PNR), the Light Rail Transit Authority (LRTA), the Panay Railways and the North Luzon
Railway Corporation (NLRC) including all other rail offices and agencies into one entity which
will exercise overall authority and management over the general conduct of the railway system
of the country.
In view of the foregoing, the immediate approval of this bill is earnestly sought.
ANTONIO SONNY F. TWLANES IV
Senator
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sector including the local government units
FOURTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHlLIPPINES )
First Regular Session 1
in the development, implementation and
I
S. No.%=
Introduced by Senator Antonio Sonny F. Trillanes IV
AN ACT
INSTITUTING THE PHlLrPPINE NATIONAL RA
PURPOSES
SYSTEM AND FOR OTHER
Be in enacted by the Senate and House of Represefitatives of the Philippines in Congress
assembled:
200s
SECTION 1. This Act National Ruilway Act of
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e. The State shall promote the safety and security of the general railway riding public
and provide for their convenience;
SEC. 3. Purposes. -This Act shall have the following purposes:
1. To enhance agricultural productivity;
2. To accelerate the industrialization of the countryside;
3. To enhance tourism in the countryside;
4. To decongest the metropolis;
5. To depollute the metropolitan areas;
6. To decentralize development to the rural areas;
7. To reduce national dependence on oil imports;
8. To reduce the importation of vehicles;
9. To reduce the cost of road maintenance;
10. To promote inter-regional trade and commerce;
11, To facilitate the collection and transportation of garbage;
12. To facilitate the movement of people, goods and services;
13. To provide cheaper, faster, safer and reliable mass transport systems; and
14. To generate job opportunities.
ARTICLE 11
DEFINITION OF TERMS
SEC. 4. Definitions. - As used in this Act:
Railway means an undertaking that is operated for the purposes of transporting
individuals, goods and commodities or any one or more of them by means of rolling
stock operated on track, but does not include an urban rail transit system;
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4 c) Subway means underground railroad;
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13 track;
14 i) Structural Facilities means, in respect of railway, bridges, tunnels, overpasses, culverts,
15 crossings and similar strnctures;
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b) Urban Rail System means any undertaking that is a street railway, tramway, light rail
transit or similar undertaking the purpose of which is to transport the general public
d) Maglev means magnetic levitation train that operates at the speed of 500k ms per hour;
e) Depot as used in this Act means an area where the vehicles are parked for maintenance,
f) Station means loading and unloading area for rail commuters
g) Rolling Stock means any locomotive or railway car that operates on track and any other
vehicle that by design or by the way it is equipped is capable of being operated on track;
h) Track means railway track and includes any land or right of way on which the railway
track is located and any signal apparatus used in respect of the operation of the railway
j) Public railway means a railway that is operated for the purposes of transporting
individuals, goods and commodities or any one or more of them for a toll or fee, but does
not include, an amusement railway, or an industrial railway;
k) Amusement Railway means a railway that is operated wholly within the confines of an
amusement, historical or similar park or site, for the purpose of providing rides to
individuals on rolling stock and is not operated for the purposes of transporting goods or
commodities for a toll or fee or of being a common carrier;
1) Industrial Railway means railway that transports only goods or commodities that are
manufactured, refined or otherwise produced, processed or handled by the person who
operates the railway or on whose behalf the railway is operated, and is operated wholly or
in part within the confines of the industrial site on which goods or commodities are
manufactnred, refined or otherwise produced, processed, handled, and is not operated for
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the purposes of transporting goods and commodities for a toll or a fee or of being a
common carrier,
m) Approval means an approval granted under this Act and includes an amendment to the
approval;
n) Authority means the Philippine National Railway Authority;
0) Secretary means the ministedhead of the Philippine Department of Transportation and
Communications;
p) National Railway Administrator means a person appointed as Chief Operating Officer
of the Philippine National Railway Authority,
q) Railway Safety Officer means a person designated as a railway safety officer and
includes any person authorized by the Railway Regulatory Board to carry out duties or
functions on behalf of or in place of a railway safety officer.
ARTICLE III
STRUCTURE OF THE NATIONAL RAILWAY INDUSTRY
SEC. 5. The National Railway Industry shall be comprised of both the public and private
domains, (a) The public domain shall consist of two (2) bodies: the Philippine National Railway
Authority and the Railway Regulatory Board. These bodies are responsible for all sovereign
tasks relative to the development of the railway industry. (b) The private domain of the national
railway industry encompasses ownership and operation of railway systems and its maintenance.
Specifically, the role of the private sector in the railway industry includes ownership systems,
provision of rolling stocks and the operation of the same under the Build-Operate-Transfer (B-O-
T) scheme.
SEC. 6. Responsibilities in the Public Domain. - The sovereign tasks to be managed in
the public domain of the railway industry include the ownership, operation and maintenance of
the existing railway infrastructure.
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SEC. I. Responsibilities in the Private Domain. - Activities in the private domain also
include the ownership, operation and maintenance of all kinds of railway systems and services to
which this law is applied and the maintenance of the means required for the operation of the
services. The right to operate and maintain public railways by the public sector will be tendered
by the Philippine National Railway Authority, and concession contracts are awarded to the
service provider which is offering the best level of service in accordance with the standards for
railway safety and railway operation and maintenance at lowest possible cost. It shall also
provide details of the tendering procedures, bid evaluation and technical as well as operational
standards.
ARTICLE IV
PHILIPPINE NATIONAL RAILWAY AUTHORITY
SEC. 8. Philippine National Railway Authority. - The Philippine National Railway
Authority is hereby created with a Board of Directors composed of the Secretary of
Transportation and Communications as Chairman, the Director General of the National
Economic and Development Authority as Vice Chairman and the Secretaries of the Departments
of Public Works and Highways, Finance, Budget and Management, Environment and Natural
Resources, Interior and Local governments and the Chairman of the Metro Manila Development
Authority including the President of the Philippine Chambers of Commerce and Industry as
members.
The Chairman and the Members of the Board may designate their respective alternates to
the Board from among their own officials with the rank of undersecretaries.
SEC. 9. Mandate. - The Philippine National Railway Authority is hereby mandated to
establish a National Railway System covering the islands of Luzon, Visayas and Mindanao
including the metropolitan areas in the Philippines as the Authority may determine.
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shall have the following powers, duties and functions:
(a) To have continuous succession under its corporate name;
(b) To sue and be sued;
(c) To adopt, alter and use a corporate seal;
(d) To amend and repeal its By-laws;
(e) To acquire, own, hold, administer and lease such real or personal property as it deems
necessary or convenient in governing its business affairs and to lease, mortgage, sell,
alienate or otherwise dispose of any such real or personal property held by it except
its right-of-way;
(f) To enter into any obligation, assi p or accept the assignment of, and rescind any
agreement or contract necessary or incidental to the proper functioning of the
Authority;
(g) To contract loans, indebtedness and credit accommodations, in any local or
convertible foreign currency, from any international financial institution, foreign
government entities and local or foreign private commercial banks or similar
institutions under such terms and conditions prescribed by law, rules and regulations,
and to issue commercial papers and bonds in connection therewith;
(h) To construct, own, lease, operate and maintain public utilities, infrastructure facilities
and such auxiliary support services needed to develop, operate and maintain a
national railway system;
(i) To design, construct, maintain and operate by itself or by delegation to, or through
contractual arrangement such auxiliary infrastructure support facilities as, but not
limited to, parking structures above or below the ground, including the means of
access;
(i) To prescribe, fix and regulate the route of railway transport;
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(k) To receive donations, grants, request and assistance of all kinds and to utilize the
same;
(1) To exercise the right of eminent domain in the name of the Republic of the
Philippines and in the acquisition of real estate by excess condemnation or escheat
proceedings, including appurtenant properties. The title thereto shall be registered in
the name of the Government and thereupon all such properties shall be entrusted to
the Authority as agent of the Government;
(m)To form, establish, organize and maintain subsidiary corporations or joint ventures
formed in accordance with the Philippine Corporation Code,
(n) To privatize any part or all of the railway system or any subsystem under the
Authority, in accordance with the law;
(0) To promulgate such rules and regulations as may be necessary to carry out the
objectives of this Act, and to perform such other powers as may be necessary to carry
out the purpose of this Act;
(p) To formulate and adopt a master plan for a national railway system with ecological
and environmental standards;
(q) To promote and encourage the active participation of the private sector, both local
and international, and the local government units in the development, iinpleinentation
and operation of railway system;
(r) To implement or cause the implementation of the national railway plan, policies and
programs according to a schedule of priorities consistent with the needs and available
resources;
(s) To control and develop, construct, operate and maintain railway facilities including
parking stations and terminals for freight, goods, and cargoes;
(t) To regulate the schedule, frequency, routing and pricing of railway services; and
(u) To call upon any government agency for such assistance as may be necessary in the
discharge of its duties and functions.
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SEC. 11. Powers and Functions of the Board. - The powers of the Authority shall be
vested in and exercised by a Board of Directors, hereinafter referred to as the Board
The Board shall have the following powers and functions:
(a) Formulate policies, rules and regulations, plans, projects and programs;
(b) Direct the management, operations and administration of the Authority;
(c) Create offices or positions necessary for the efficient operations of the Authority and
fix the remuneration and other emoluments of subordinate officers and personnel of
the Authority in accordance with the Revised Compensation and Position
Classification System, and to remove or otherwise discipline such officersiemployees
for cause in accordance with Civil Service Rules and Regulations;
(d) Establish financial and operations targets for management as basis for evaluating and
monitoring corporate performance;
(e) Authorize such expenditures as are in the interest of the efficient administration and
operations of the Authority; and
(f) Exercise such other powers as may be necessary to accomplish the purposes for
which the Authority.
SEC. 12. Manugement. - The general conduct of the operations and management of the
Authority shall be vested in the National Railway Administrator who shall serve as the Chief
Executive Officer of the Authority and Ex-Officio Member of the Board. He shall be primarily
responsible in carrying out the projects and programs of the Authority as well as in the
implementation of its policies, rules and regulations including the execution of the decisions of
the Board.
The National Railway Administrator must be a natural-born citizen, at least thirty-five
(35) years of age on the day of hisiher appointment, of good moral character and with recognized
executive ability and competence in the field of transportation, business administration,
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management, finance or law. He shall be appointed by the President of the Republic of the
Philippines and shall serve for a term of seven (7) years and renewable for another term only.
The National Railway Administrator shall be assisted by deputies for Metro Manila,
Luzon, Visayas and Mndanao, all of whom shall likewise be appointed by the President of the
Republic of the Philippines for a term of seven (7) years renewable for another term only. These
officers can only be removed for cause as provided under existing laws.
SEC. 13. Duties and Responsibilities of the National Rnilway Administmtov. - The
administrator of the Authority shall have the following duties and functions:
Appoint, subject to the confirmation of the Board, all the staff and personnel of
the Authority;
Execute, administer and implement the policies, programs, plans, guidelines and
regulations issued and adopted by the Board;
Direct and supervise the operations and administration of the Authority;
Direct and supervise the operations of all public railways;
Determine, subject to the approval of the Board and the concurrence of the
Department of Budget and Management, the staffing pattern and the number of
personnel of the Authority;
Direct and supervise the preparation of the agenda for the meeting of the Board,
and to submit for the consideration of the Board such measures as hehhe believes
necessary to carry out the purposes and objectives of this Act;
Represent the Authority in all its transactions with other offices, agencies and
instrumentalities of the government and to deal with any persons and entities,
public or private, domestic or foreign, on matters related to the mandate of the
Authority; and
Exercise such other powers and perform such other duties and functions as the
Board may assign or authorize.
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SEC. 14. Public AccountnbiZity. - To ensure public accountability, the Authority shall be
subject to the audit of the Commission on Audit (COA) and shall comply with all the generally-
accepted accounting and auditing rules and regulations and those, which it may hereafter
promulgate pursuant to its constitutional mandate.
SEC. 15. Merit System - All officials and employees of the Authority shall be selected
and appointed based on the comprehensive and progressive merit system to be established by the
Authority immediately upon its organization and in accordance with Civil Service law, rules and
regulations. The hiring, promotion, transfer and dismissal of all its personnel including
temporary workers shall be governed by existing civil service laws, rules and regulations.
ARTICLE V
ABOLITION OF RAIL EXISTING OFFICES AND AGENCIES
SEC. 16. Upon the approval of this Act, the Philippine National Railways (PNR), Light
Rail Transit Authority (LRTA), the Panay Railways and the North Luzon Railway Corporation
(NLRC) including all other rail offices and agencies shall he deemed abolished and its projects,
assets and liabilities transferred to and assumed by the Philippine National Railway Authority.
SEC. 17. The assets and liabilities of the Edsa Light Rail transit of the Department of
Transportation and Communications insofar as its existing Build-Lease Transfer Contract with
the Metro Rail Transit Cooperation (MRTC) are likewise deemed transferred to and assumed by
the Authority.
SEC. 18. The plantilla personnel of the existing rail offices and agencies holding either
permanent or contractual positions may he absorbed by the Authority of retire from service,
subject to existing laws and regulations and the guidelines that the Department of Budget and
Management may issue for the purpose.
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ARTICLE VI
RAILWAY REGULATORY BOARD
SEC. 19. A regulatory Board is hereby created composed of a Chairman and four (4)
members who shall be appointed by the President of the Philippines from among the list of ten
(10) nominees that the Board of the Philippine National Railway Authority shall submit to the
Office of the President. The National Railway Administrator shall sit in Board as ex-officio
member.
SEC. 20. Stnndwds. The Regulatory Board shall set the necessary fare, safety and
security standards to be observed by all railway operators, public or private, in order to sustain
the development and operations of the rail industry, enhance the operations of rail systems and
ensure the safety of the rail-riding public and protect them from any fonn of natural calamities
and man-made disasters.
SEC. 21. Rules and Regulntions. - The Philippine National Railway Authority may
formulate rules and regulations on the following:
Standards and specifications with respect to rolling stock, tack and structural
facilities and other equipment and apparatus used;
Construction, maintenance, repair and removal of track and structural facilities;
Permanent fencing and temporary fencing of Right-of-way and structural facilities
and the apportionment of costs with respect to that fencing;
Crossings of track and the use of those crossings;
Installation and use of signage, warning signals, barriers, operating signals and
other similar apparatus;
Qualifications of persons operating rolling stock and of persons carrying out
functions respecting the operation of track and of other equipment and matters
ancillary to the operation of rolling stock;
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Materials to be provided;
Criteria to be met in order for an approval to be granted or renewed;
(h.1) requiring an applicant or an operator of a railway to have a safety
management system and plan;
(h.2) the terms for which an approval may be granted or renewed;
Amounts of insurance of other security to be provided by or in the case of holders
of approvals, persons, carrying out construction of the railway and persons
operating the rolling stock or track;
Damages caused by or arising out of fires and the liability for those damages stated
in Section 57 of Article XI1 hereof;
Tariffs, rates and the provision of services for the public railways;
Limitations on the liability of operators of public railways insofar as the
transportation of goods and commodities in relation to Section 65 of Article XI11
hereof;
Procedures and processes governing the resolution of disputes between shippers of
goods and commodities and the operators of public railways with respect to tariffs,
rates and the provision of services;
Accidents and other incidents;
Cessation of services;
Information to be provided to the Board, the Authority and railway safety officers
and governing the use of that information;
Form and contents of notices of administrative penalties;
Amounts or the manner of determining the amounts, of the administrative penalties
that may be imposed by the Board;
Amounts, or the manner of determining the amounts, of the administrative penalties
that may be imposed by a railway safety officer;
Periods for nivins of notices of administrative oenalties:
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(u)
On any other matter necessary for the administration of the system of administrative
penalties;
(v) Measures that are to be taken by an operator of a railway to secure the railway
against the threat of terrorist activity including, without limitation, the filing with
the Authority of plans to ensure the security of the railway operation.
SEC. 22. - (a) - Railway Safety. -Where railway installations and railway vehicles must
be built, they should meet optimal safety requirements in operation. These req~rements are met,
when the installations and vehicles conform to the Safety Code which is prescribed by the Board
and approved by the Authority.
(b) Safety measures need to be incorporated in the design of Railways taking into
consideration the following aspects:
(1) movement accidents at station entrances and exits;
(2) system integrity has to be planned and proven;
(3) restoration of limited service has to be trained;
(4) activities of passengers while in the premises of the stations particularly while
waiting in the platforms must be monitored and precautions prepared;
( 5) safety equipment has to be installed on all relevant places, which have to be
coordinated with the Railway Regulator;
(6) Fire safety has to be guaranteed and precautions prepared with the local fire
brigades and coordinated with the Philippine National Railway Authority.
SEC. 23. Railway Security. - (a) Security measures shall be adopted in the operations of
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26 (i) Personal security;
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(ii)
the public transport. In the implementation thereof, all security issues shall be addressed taking
Personal security of staff and personnel of the railways;
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(iii)
Protection of facilities and vehicles against damages, acts of vandalism,
and the like;
(b) There shall be an integrated and seamless security network that must consist of
mutually coordinated measures such as:
(i) Implementation of a passenger security center responsible for coordinating all
security-related measures;
(ii) Initialization of cooperation between police and transport companys security
and surveillance duties;
(iii)Presence of personnel tailored to deal with potential threats in certain districts,
at certain stations, or on board trains;
Installation of communication facilities such emergency call push buttons
and public address networks;
Security-aware-design of facilities and vehicles, with a special
unobstructed visibility and ample lighting;
Installation of facilities which will supervise the passenger areas and
trains, and to provide audible and visual information to passengers both on
board and within station areas.
ARTICLE W
COMPLIANCE, ACCIDENTS, AND ADMINISTRATIVE PENALTIES
SEC. 24. (a) Purposes of Inspections. - A railway safety officer may carry out
inspections under Section 21 of Article VI hereof for purposes of:
(i)
(ii)
(iii)
(iv)
(v)
administering the railway legislation and the approvals;
fostering compliance with the railway legislation and the approvals;
fostering compliance with operating rules;
fostering the safe operation of rolling stock, track, and structural facilities;
fostering the maintenance of track and structural facilities so that they are safe;
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(vi)
fostering, with respect to the operation of railways, the safety of the general
public and of persons employed by or acting on behalf of operators of railways.
SEC. 25. Inspection of Railways. - (a) A railway safety officer may carry out
inspections of the following:
(i) any rolling stock;
(ii)
(iii) any track;
(iv) any structural facility;
(v)
anything transported on rolling stock;
any record, document, object, or thing that relates to the operation of a
railway
(b) A railway safety officer, in carrying out an inspection under subsection (a), may do
one or more of the following:
(i) enter on or into any track, structural facility, rolling stock, building or any
other property associated with or operated by the operator of the railway;
(ii) ride on any rolling stock;
(iii)
duties or functions for or in respect of the operator of the railway;
(iv)
may be inspected under subsection (a).
make inquiries of any person who is employed by or who carries out any
perform or cause to be performed tests or examinations of anything that
SEC. 26. Production of Documents, etc. - (a) A person who is subject to an inspections
shall, when requested to do so by a railway safety officer, produce for inspection within a
reasonable period of time any record, document, object, or thing that relates to the matter being
inspected.
(b) A railway safety officer may remove the record, document, object, or thing being
inspected and make copies or take photographs of it.
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(c) Where a railway safety officer removes a record, document, object, or thing under
subsection (b), the railway safety officer may retain possession of the record, document, object
or thing only for the period of time that is reasonably required to make the copies or take
photographs of it, and shall, on having made the copies or having taken the photographs, return
the record, document, object, or thing to the person from whom it was taken.
(d) Notwithstanding subsection (c), when inspecting a record, document, object, or thing,
a railway safety officer is of the opinion that for the purposes of this Part the railway safety
officer must retain possession of the record, document, object, or thing for a longer period of
time than that permitted under subsection (c), the railway safety officer may retain possession of
the record, document, object, or thing for a loner period of time than that permitted under
subsection (c), the railway safety officer may retain possession of the record, document, object,
or thing for a longer period of time if the railway safety officer gives a receipt for the record,
document, object, or thing to the person from whom it was taken.
(e) Where a railway safety officer retains possession of a record, document, object, or
thing pursuant to subsection (d), the railway safety officer shall, once the record, document,
object, or thing has served the purposes for which it was retained, forthwith return the record,
document, object, or thing to the person from whom it was taken.
(f) If a railway safety oficer retains possession of a record, document, object, or thing
under subsection (d), the railway safety officer shall, where requested to do so by the person
from whom the record, document object, or thing was taken and if practicable to do so, provide
to that person a copy or a photograph of that record, document, object, or thing.
SEC. 27. Directions of RniZway Sgfety Officer. - (a) Where a railway safety officer
caries out an inspection, he may do one or more of the following:
(i)
order the cessation of any activity canied out in respect of a raiiway, the
operation of any rolling stock, the operation of any track, or the use of any
structural facility, where the railway safety officer is of the opinion that
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that activity, operation, or use is a danger to the safety of the public or
persons employed by or acting on behalf of the operator of the railway;
order that any rolling stock, track, or any equipment used in respect of the
rolling stock or track be removed from service, where the railway safety
officer is of the opinion that the operation of the rolling stock, track, or
equipment is a danger to the safety of the public or persons employed by
or acting on behalf of the operator of the railway;
issue directions restricting the speed or otherwise respecting the speed at
which rolling stock or a specific item or type or rolling stock may be
operated generally or over a specific portion of track;
issue directions requiring repairs or maintenance to be carried out on
rolling stock, track, or structural facilities so that the rolling stock, track,
or structural facilities conform to the requirements of the railway
legislation and any approvals granted to the operator of the railway;
suspend any person engaged in any activity concerning the operation of
any rolling stock, track, structurd facility, or equipment froin engaging in
that activity where the railway safety officer is of the opinion that the
activity is a danger to the safety of the public or persons employed by or
acting on behalf of the operator of the railway;
issue directions requiring any procedure or practice respecting the
operation of any rolling stock, track, structural facility, or equipment to be
stopped or changed so that the procedure or practice, in the opinion of the
railway safety officer, will conform to the requirements of the railway
legislation and be carried out in a safe manner.
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b. Any order or direction given under this section may be given to the operator of a
railway or any person employed by or acting on behalf of the operator of the railway.
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SEC. 28. Accidents. - (a) The operator of a railway shall keep a record of every accident
involving rolling stock and shall forthwith report to the Authority any accident involving any
rolling stock that is reportable pursuant to the regulations
(b) Whether or not an accident is reportable pursuant to the regulations, the Authority and
any railway safety officer may, with respect to any accident involving rolling stock:
(i) enter on and proceed across any property for the purpose of gaining access to
where the accident occurred;
(ii) enter on any property on which the accident occurred or on which rolling
stock or any goods or commodities being transported came to rest; and
(iii) carry out an investigation into the accident and its causes.
(c) In carrying out an investigation under this section, the railway safety officer may
exercise any powers and carry out any functions that the Board may exercise and take possession
of and remove any rolling stock, goods, or commodities being transported on the rolling stock,
any equipment and any track or structural facilities involved in the accident for the purposes of
conducting tests, analyses, and other assessments in carrying out the investigation.
SEC. 29. Railway Operators Powers Regarding the Accident. - (a) For the purposes of
dealing with an accident involving rolling stock, the operator of the railway and any person
employed by or on behalf of that operator may:
(i)
enter on an proceed across any property for the purpose of gaining access
to where the accident occurred;
enter on any property on which the accident occurred or on which rolling
stock or any goods or commodities being transported came to rest; and
carry out the work that is appropriate to deal with the accident and to
remove the rolling stock and any goods or commodities
(ii)
(iii)
(b) A person exercising any powers under this sections shall do so in a reasonable
manner.
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SEC. 30. Administrntive Pennlties. - (a) Where the Board is of the opinion that an
operator of a railway or a person employed by or acting on behalf of an operator of a railway has
failed to comply with the railway legislation, an operating rules or an approval, any order made
or direction given by the Board, or any order made or direction gwen by the Authority or a
railway safety officer, the Authority may act under subsection (b).
(b) If a subsection (a) applies, the Board may, subject to the regulations, by notice in
writing given to that operator or person, require that operator or person to pay to the Government
an administrative penalty in the amount set out in the notice for the failure to comply, or for each
day or part of a day that the failure to comply occurs or continues.
(c) Where a railway safety officer is of the opinion that an operator of a railway or a
person employed by or acting on behalf of an operator of a railway has failed to comply with the
railway legislation, an operating rule or an approval that governs the operation of rolling stock,
track or a structural facility, or an order made or direction given by a railway safety officer, the
latter may act under subsection (d).
(d) If subsection (c) applies. The railway safety officer may, subject to the regulations, by
notice in writing given to that operator or person, require that operator or a person to pay to the
Government an administrative penalty in the amount set out in the notice for the failure to
comply or for each day or part of a day that the failure to comply occurs or continues.
(e) Where a person fails to pay an administrative penalty in accordance with a notice
under subsection (h) or (d), the Government may recover the amount owing in respect of the
penalty by an action in debt.
ARTICLE W I
REWWS AND JUDICIAL RELIEF
SEC. 31. DejZnitZon ofnn AffectedPerson. - (a) In this part, affected person means:
(i)
a person who has applied to the Authority for an approval or license to
operate;
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(ii)
(iii)
a person who has been granted an approval by the Authority;
a person to whom an order or a direction has been given or who is subject
to an order made or direction given by the Authority;
a person who owns or has an interest in land where that or the use of that
land is or may be affected by any expropriation that is or may be carried
out or any construction that is or may be carried out pursuant to an
approval referred to in Section 41,42, and 43 of Article X hereof; or
any person whom the Board, in its discretion, accepts as an affected
person.
(iv)
(v)
(b) In this Part, a reference to any action taken by the Authority is a reference to the fact
that Railway Authority or has done one or more of the following:
(i)
(ii) granted an approval;
(iii)
(iv)
refused to grant an approval;
cancelled or suspended an approval in whole or in part;
imposed, removed, or altered any term, condition, or restriction to which
an approval is subject;
given an order or direction under the railway legislation;
imposed an administrative penalty under the railway legislation.
(v)
(vi)
SEC. 32. Application for Review or Hearing by the Board. - (a) Where an action is
taken by the Authority or the affected person in respect of whom the action was taken, may apply
to the Board for a review of the action taken by the safety officer or within 30 days from the date
the action was taken.
(b) With respect to any matter under the railway legislation other than an action taken by
the safety officer, an affected person may, with the consent of the Board, apply to the Board for a
hearing into the matter.
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SEC. 33. Conduct of Review or Hearing by the Board. - (a) On receiving application
under Section 4(a) of Article VII, for a review of an action taken by the safety officer, the Board
shall conduct a review of that action.
(b) On receiving an application under Section 4(b) of the same Article for a hearing in
respect of a matter other than an action taken by the safety officer, the Board inay conduct a
hearing on the matter.
(c) Whether or not an affected person has made an application for a review or a hearing,
the Board may conduct a review of an action taken by the safety officer or conduct a hearing into
any other matter under the railway legislation where the Board is of the opinion that a review or
a hearing should be conducted or the safety officer has requested the Board to conduct a review
or a hearing.
SEC. 34. Decision of the Board. - (a) In conducting a review of an action taken by the
safety officer, the Board may make an order confirming the action taken by the safety officer,
change the action taken by the safety officer or rescind the action taken by the safety officer.
(b) In making an order under subsection (a), the Board may make any decision or take
any action that the safety officer or a railway safety officer may take 'or take under the railway
legislation, make the order subject to any terms, conditions or restrictions, and give any direction
that the Board considers appropriate in the circumstances.
(c) Where the Board hears a matter other than an action take by the safety officer, the
Board may make any order and make the order subject to any terms, condition, or restriction that
the Board considered appropriate in the circumstances.
SEC. 35. Procedure before the Board. - (a) For the purposes of conducting reviews and
hearings before the Board, the Chair and the other Members of the Board may:
(i)
(ii)
suinmon and enforce the attendance of witnesses;
compel witnesses to give evidence on oath or otherwise;
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(iii)
(iv)
compel witnesses to give evidence in person or otherwise; and
compel witnesses to produce any record, object, or thing that relates to the
matter being heard.
(b) With respect to reviews and hearing before the Board, the Board may make rules on
the following:
(i)
(ii) Procedure before the Board;
(iii)
(iv) Attendance of witnesses;
(v)
(vi)
Notices to be given in respect of a review or hearing;
Adjournments of matters before the Board;
Receiving and recording of evidence;
Procedure incases when a party to the review or hearing fails to appear or
attend the review or hearing;
Authority of the Board to consider a matter without conducting a formal or
summary hearing and governing the procedure to be used in those
circumstances;
(viii) Applicability of the 1997 Revised Rules of Court;
(ix) Issuance and publication of decisions of the Board;
(x) Reconsideration of decisions made by the Board;
(xi) Costs.
(vii)
(c) Where the safety officer summoned to attend a review or hearing before the Board
cannot attend for a valid ground or grounds, the safety officer may in writing,
designate an employee under the administration of the Secretary and who is in the
opinion of the safety officer, knowledgeable with respect to the subject matter under
review. The designated employee shall attend the proceeding on behalf of the safety
officer and shall be deemed to have been the person summoned to attend the review
or hearing.
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SEC. 36. Board Decision is Final. - Subject to the provisions in Section 25 of Article
VII, hereof, every decision or order of the Board is final and executor.
SEC. 37. Appealfrom Orders or Decision of the Board. - (a) An appeal lies from the
decision of the Board of the Court of Appeal on a question of jurisdiction or on a question of
law.
(b) No appeal shall be taken after 30 days from the date the Board has served written
notice of its decision on the person subject of the decision.
(c) In the event the decision rendered by the Board is elevated on appeal to the Court of
Appeals, the Board shall be duly represented before the Court.
SEC. 38. Reconsideration of Railway Safety Offleers Order. - (a) In this Section,
order shall mean a direction given in respect of an investigation or an administrative penalty
imposed under Section 23 of Article VI hereof
(b) Where a Railway Safety Officer issues an order, the person affected by the order may
seek reconsideration withthe Safety Officer provided an application for reconsideration shall
first be filed with the Board;
(c) The safety officer exercises discretion whether or not to conduct a summary hearing
in reconsidering an order;
(d) The Authority may confirm, modify, reverse, or rescind the order issued by the
railway safety officer.
ARTICLE IX
RIGHT OF WAY
SEC. 39. Right of Way. - It shall be the duty of the Authority to identify and establish
within three ( 3) years after the approval of this Act the alignment of a National Railway System
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and once it is established and the right of way is acquired, the same cannot be the object of sale,
lease, or otherwise.
SEC. 40. Intrusion into the Right of Way. - Any intrusion into the right of way by any
person shall be punishable by imprisonment ranging from four (4) to six ( 6) years and the
demolition of any structure thereon shall be at the expense of the intruder.
ARTICLE X
CONSTRUCTION OF RAILWAYS
SEC. 41. Initial Construction of Public Railway. - A person shall not construct any
track or any structural facilities on any land for the purposes of constructing or developing a
public railway unless the Authority has granted to the person who is to be the operator of the
railway an approval to carry out that construction on that land.
SEC. 42. Subsequent Construction of Public Railway. - Where a person wishes to
construct any track or structural facilities in respect of a public railway on land that is not already
included in an existing approval, that person shall not construct that track or those structural
facilities on that land unless the Authority has granted to the operator of the railway an approval
to carry out the construction on that land.
SEC. 43. Construction of Industrial Railway. - Where a person wishes to construct any
track or structural facilities in respect of an industrial railway on land that the industrial railway
intends to acquire by means of expropriation, that person shall not construct that track or those
structural facilities on that land unless the Authority has granted to the operator of the railway an
approval to carry out that construction on that land.
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SEC. 44. Construction of Track Crossing. - A person shall not, in respect of any
railway, construct on, across, over, or under a highway unless the Authority has granted to the
operator of the railway an approval to carry out that construction, or construct a highway on,
across, over, or under track unless the Authority has granted to the road authority an approval to
carry out that construction.
SEC. 45. Where, in respect of any railway, tracks are located on, across, over, or under a
highway, and a person wishes to replace any structure or method by which the tracks are located
on, across, over, or under the highway with another structure or method, a person shall not
change the existing structure or method with a different structure or method unless the Authority
has granted to the operator of the railway an approval to do so.
SEC. 46. Where the operator of the railway is unable to agree with the road authority as
to the apportionment of costs associated with the construction, the operator of the railway or the
road authority may apply to the appropriate agency to apportion the costs.
ARTICLE XI
EXPROPRIATION AND OVERRIDING OBJECTIVE OF CONSTRUCTION
SEC. 47. For the purposes of constructing track or structural facilities in respect of a
public railway, the operator of the railway may expropriate land in accordance with the existing
expropriation procedures.
SEC. 48. For the purposes of constructing track or structural facilities in respect of an
industrial railway on land that the operator of that railway does not own or otherwise have the
right to use under an agreement with the owner of that land, that operator may, if the appropriate
expropriation agency grants to that operator an approval to proceed under the existing
expropriation procedures, expropriate land in accordance with the said rules.
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SEC. 49. Where an approval is required before any construction or work may be carried
out under the railway legislation, a person shall not expropriate land for the purposes of that
construction or work until the Authority has granted that approval.
SEC. 50. Where construction or work is being carried out pursuant to an approval
granted under the two preceding articles, and the Authority is of the opinion that the construction
or work is not being carried out in accordance with the railway legislation or that approval, the
Authority may at any time give notice to the operator of the railway or the person carrying out
the construction or work to stop the construction or work.
SEC. 51. Where the Authority gives a notice under the previous section, the person
carrying out the construction or work shall stop canying out the construction or work and shall
not recommence the construction or work until the Authority grants an approval to do so.
SEC. 52. Prohibition Against Issuance of Restraining Orders and Preliminn y
Injunctions or Preliminn y Mnndato y Injunctions. - No court in the Philippines, except the
Supreme Court, shall have the jurisdiction to issue any restraining order, preliminary injunction,
or preliminary mandatory injunction in any case, dispute, or controversy involving any contract
or project involving the PNRA, to prohibit any person or persons, or entity or govemnent
official from proceeding with, or continuing the execution of implementation of any such
contract or project, or pursuing any lawful activity necessary for the execution, implementation
or operation of such contract or project.
ARTICLE XU
OPERATION OF RAILWAY
SEC. 53. Operations to be Conducted Safely. - The operator of a railway shall -
(a) Ensure that -
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(i)
(ii)
The track and the structural facilities are constructed, used and maintained
in accordance with the railway legislation and the operating rules, if any,
and the approvals granted in respect of the track and structural facilities,
and
The rolling stock is maintained and operated in accordance with the
railway legislation and the operating rules, if any, and the approvals
granted in respect of the operation of the roiling stock
(b) Generally maintain and operate the rolling stock, track and structural facilities in such
a manner that the rolling stock, track and structural facilities are safe to be used for
the purposes for which they are intended and are not a danger to the public or persons
employed by or acting on behalf of the operator of the railway.
SEC. 54. Obstructing Navigation - A person shall not, in respect of any railway
construct, repair, maintain or remove track or structural facilities, or operate rolling stock, in
such a manner so as to obstruct or impede the free navigation of or on a river, stream, canal or
body of water.
SEC. 55. Drainage. A person carrying out the construction, repair, maintenance or
removal of any track or structural facility in respect of any railway shall endure that there is
constructed and maintained, (a) in the case of track, along each side of, across and under the
track, and (b) in the case of a structural facility, as are necessary for the structural facility; proper
and adequate ditches and drains that are connected with ditches. Drains, drainage works and
watercourses on the land over which the track crosses or on which the structural facility is
located so as to provide sufficient outlet to drain and carry off water in such a manner that the
existing natural drainage and any existing artificial drainage of the land is not obstructed or
impeded.
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(I ) The operator of a railway shall at all times maintain and keep the rights of way and
track fee from the dead or dry glass, weeds and any other unnecessary combustible
(2) Subject to the regulations, when the damage is caused by a fire started by or arising
out of the operation of rolling stock, track or structural facilities or any other
operations carried out by the operator of the railway with respect to the railway, the
operator of the railway is liable for the damage caused by that fire.
For the purpose of this section, the operator of a railway -
(a) Has an insurable interest in all property on or along the rights of way for any
damage for which the operator of the railway may be liable, and
(b) May procure insurance on the operators behalf of that property.
SEC. 57. Highway Crossing. - Where construction is carried out to lay track on, across,
over or under a highway, the person carrying out the construction shall;
(a) Carry out the construction so as to allow vehicles using the highway adequate
(b) On completion of the construction restore the highway to as good condition as the
highway was in immediately before the construction was commences.
SEC. 58. Crossing of Landowners. -
(a) Where a person owns land that is located on both sides of a right of way for track, and
if it were not for that right of way, that land would be joined together forming a single
area of land, the operator of the railway shall, on the request of the owner of the land,
provide a crossing across the right of way and any track located on the right of way
that is appropriate for the intended use of the crossing by the owner of the land.
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(b) A crossing that is provided under this section shall remain in place until the owner of
the land notifies the operator of the railway that the crossing is no longer required or
the crossing is removed pursuant to an agreement between the owner of the land and
the operator of the railway.
(c) For the purposes of this section:
i. If the right of way existed before the owner of the land acquired the land on
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both sides or either side of the right of way, the owner of the land is
responsible for the costs of constructing, maintaining, repairing and removing
the crossing, or
If the owner of the land acquired that land before the right of way that ii.
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separated that land came into existence, the operator of the railway is
responsible for the costs of constructing, maintaining, repairing and removing
SEC. 59. Crossing of Privute Rouds. -
(a.a) private road shall mean -
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(i) a road that is not a highway, or
(ii) a highway that is not owned or otherwise under the direction, control and
management of the Authority or any instrumentality of the government and is
designated as a private road by the Secretary, and
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(a.b) any reference to an owner of or a person who owns a private road is a reference
to the person who owns or otherwise has the direction, control and management of a
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road, provide a crossing across the right of way and any track located on the right of way that is
appropriate for the intended use of the crossing by the owner of the private road.
(c) A crossing that is provided under this section shall remain in place until the owner of
the private road notifies the operator of the railway that the crossing is no longer required or the
crossing is removed pursuant to an agreement between the owner of the private road and the
operator of the railway.
(d) For the purposes of this section, if
(i) the right of way existed before the private road existed on both sides or either
side of the right of way, the owner of the private road is responsible for the costs
of constructing, maintaining, repairing and removing the crossing, or
(ii) the private road was in existence before the right of way that separated that
road came into existence, the operator of the railway is responsible for the costs of
constructing, maintaining, repairing and removing the crossing.
A person shall not construct a crossing under this section unless the Authority has
(e)
granted an approval for the consideration of the crossing.
SEC. 60. Fences of Landowners
(a)
A person owns a land that abuts on a right of way for track, the operator of the
railway shall, on the request of the owner of the land, provide a fence along the right of way that
is appropriate for the intended use of the fence by the owner of the land.
For the purpose of this section, if
(i)
The right of way existed before the owner of the land acquired the land
that abuts on the right of way, the owner of the land is responsible for the
costs of constructing, maintaining and repairing the fence, or
The owner of the land acquired the land that abuts on the right of way
before the right of way came into existence, the operator of the railway is
(ii)
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responsible for the costs of constructing the fence and the owner of the
land is responsible for the costs of maintaining and repairing the fence.
(b)
Where the owner of the land no longer has need for the fence provided under this
section, the owner of the land, unless otherwise agreed upon between the owner of the land and
the operator of the railway, may on notice to the operator of the railway remove the fence at the
expense of the owner of the land.
(c)
Nothing in this section shall he construed so as to require an operator of an
industrial site referred to in this section to provide a fence along a boundary of the industrial site.
SEC. 61. Abandonment of Services. -
(a) In this section, services shall mean one or more of the following:
(i) The operation of rolling stock,
(ii) The operation of track;
(iii)The accepting of goods or commodities for transportation by means of rolling
stock.
(b)
An operator of a public railway or industrial railway who intends to cease
providing a service shall, prior to the cessation of that service, give notice of the cessation of
service to the Authority in accordance with the regulations.
(c)
With respect to the cessation of a service that is provided by a public railway, the
operator of the public railway shall, prior to the cessation of that service and in addition to giving
notice under (b), shall notify the public and the shippers of goods or commodities on that railway
of the cessation of the service in accordance with the regulations.
ARTICLE XIII
PUBLIC RAILWAYS
SEC. 62. Public Railways as Common Carrier. - An operator of a public railway is a
common carrier and shall, as is reasonably within the capabilities of the rolling stock, track,
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structural facilities and equipment of the operator, provide to all persons adequate and suitable
facilities:
(a) For receiving, forwarding and delivering of goods and commodities on and from
railways;
(b) For the interchange of goods and commodities between railways;
(c) For the return of rolling stock;
(d) For the injunction of private sidings and the hack of industrial railways with the track
of the public railway;
(e) For the receiving, forwarding and delivering of goods and commodities on and from
private sidings and industrial railways referred to in clause (d).
SEC. 63. Znterclzange of Goods and Commodities - (a) Where there is an interchange of
goods and commodities between a public railway governed under this Act and a railway that is
not governed under this Act, and the operators of those railways cannot agree as to the
interchange of the goods and commodities, the operator of the public railway governed under
this Act may submit to the Philippine national Railway Authority for the purpose of determining
all matters respecting the interchange.
SEC. 64. Tarqfs of Rates. - (a) The operator of a public railway shall, subject to the
regulations, establish a tariff of rates for the services that the operator provides to the shippers
and the general public, and post the tariff of rates in a public place in an office operated by that
operator or make that tariff of rates available to the public for inspection at an office operated by
that operator.
(b)
The operator of a public railway shall, at the request of a shipper, provide to the
shipper the operators tariff of rates for the shipping of that shippers goods and commodities by
that operator.
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(c)
The operator of a public railway may enter into an agreement with a shipper
respecting tariffs, rates and the provision of services concerning the transportation of goods and
commodities, and the terms of the agreement may be kept confidential.
SEC. 65. Limitation of Liability. - The operator of a public railway shall not limit or
restrict the operators liability to a shipper for the transportation of goods and commodities
except if permitted by prevailing laws and regulations.
SEC. 66. Transactions Regarding Approval or Grants of Operation. -
(a)
An approval granted to a person in respect of a public railway is not transferable
from that person to another person.
(b)
Notwithstanding subsection (a), with the approval of the Philippine National
Railway Authority, an approval granted to a person in the operation of a public railway may be
capitalized, sold, assigned, leased or amalgamated or otherwise transferred in whole or in part.
(c)
Where approvals have been granted in respect of a public railway, and the
Authority is of the opinion that there is a question as to the continued safe operation of the
rolling stock, track or structural facilities arising out of the change in the operators of the public
railway, the Authority may do either of the things referred to in subsection (d).
(d)
If subsection (c) applies, the Authority may impose terms, conditions or
restrictions with respect to those approvals that the Authority considers appropriate to provide
for the continued safe operation of the rolling stock, track and structural facilities, or suspend
those approvals until the Authority is satisfied as to the continued safe operation of the rolling
stock, track and structural facilities.
SEC. 67. Right of Entry. - (a) For the purposes of constructing, maintaining or repairing
rolling stock, track or structural facilities of a public railway, the operator of the public railway
and any person employed by or on behalf of that operator may, without taking title to the land,
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may enter on any land that is adjacent to or in close proximity to the railway, and occupy and use
that land or so long as it is necessary to carry out the construction, maintenance or repair.
(c)
Any person exercising any powers under this section shall do so in a reasonable
manner.
(d)
Where any person exercises any power under this section, the owner of the land
or other person having possession of the land may apply to the National Railway Authority for
compensation with respect to the exercise of those powers.
(e]
With the approval of the Authority granted pursuant to an application made by the
operator of an industrial railway, that operator may exercise the powers and be subject to the
obligations of an operator of a public railway under this section.
ARTICLE XIV
RAILWAY ENERGY PLANT
SEC. 68. In order to ensure a continuous and uninterrupted operation of the railway
systems in the Philippines, the Authority may establish its power plant for any of its rail systems
when on its own judgment it is more economical and advantageous on the part of the
government.
SEC. 69. Waste-to-Energy Plant. -In order to facilitate the collection and transportation
of garbage in the metropolitan areas, to ensure the supply of electric power to the railway
systems and to help ensure the economic viability of the railway systems, the Authority shall
endeavor to establish in cooperation with private sector waste-to-energy plants in strategic areas.
ARTICLE XV
RAILWAY FUNDING AND TRUST FUND
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SEC. 70. Funding of the National Railway Authority. - For purposes of implementing
this Act, the amount of Three Hundred Million (l?300,000,000.00) shall be sourced out from the
General Appropriations Act in the next fiscal year after the approval of this Act.
SEC, 71. Establishment of the Railway Trust Fund. - A Railway Trust Fund is hereby
established which is a special fund dedicated to finance only railway infrastructure in the
Philippines.
SEC. 72. Sources. -The Railway Trust Fund consists of 3% increase in the real property
tax increase of the six taxes which shall take effect upon the approval of this Act and 5% of the
road users tax.
SEC. 73. Fund Administrator. - The Trust Fund shall be administered by the
Development Bank of the Philippines and can only he spent and withdrawn by 213 vote of the
members of the Board of Directors of the Authority for the purpose for which it is created.
ARTICLE XVI
TRANSFER OF RAILWAY TECHNOLOGY
SEC. 74. Railway Engineering Course. - The state universities in the Philippines
particularly the Polytechnic University of the Philippines (PUP) is hereby encouraged to offer a
four (4) year course in Railway Engineering Management to meet the requirements of the
railway industry in the Philippines and abroad:
SEC. 75. Railway Training Center. - A National Railway Training Center is hereby
established to equip the labor force with necessary skills and expertise in the development and
implementation of railway projects and programs and in the operation of railway systems.
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ARTICLE XVII
TRAIN DRIVERS
SEC. 76. Truin Drivers. - To promote proficiency and to ensure the safety of the general
railway riding public, all train drivers must possess certain educational attainment and undergo
training to attain certain level of skills, and must be physically and mentally fit owing to the
delicate characters of their job.
SEC. 77. Train Drivers License. - The Railway Training Center shall conduct the
training for train drivers for a duration that it may determine and thereafter issue the necessary
Train Drivers License (TDL) for those who will pass the training according to its test and
measurement.
ARTICLE XVIII
EXEMPTION FROM REAL PROPERTY TAX
SEC. 78. Exemption from Real properg Tux.- All rail properties in the form of land,
right of way, depot, stations, tracks, office buildings, and terminals are exempted from the
payment of real property tax and those which have already been due to the government shall be
deemed condoned entirely.
SEC. 79. Exemption form Income Tux. - The income of the Authority derived froin the
operations of its railway systems is exempted from the payment of income tax.
SEC. 80. Exemption from the payment of customs, duties und churges. - Any
importation of goods and/or equipment for the building of railway systems and for the
maintenance and operation of railway systems is free from payment of customs, duties and other
forms of fees and charges.
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ARTICLE XM
INSURANCE COVERAGE
SEC. 81. Rail Systems Insurance Coverage. - All rail systems shall be covered by
insurance from natural and man-made disasters either by the Government Service Insurance
System (GSIS) or by a self-inswqce system in the form of a common trust fund that the
Philippine National Railway Authority may establish for the purpose for all the public railway
operators.
The Philippine national Railway Authority may use a portion of the accumulated trust
fund for the development, implementation and operation of railway projects or systems by 213
vote of the members of its board of directors.
SEC. 82. Passenger's Insurance Coverage. - Each and every rail passenger shall be
covered by accident insurance by the rail operators, government or private, in the amount of One
Hundred Thousand Pesos ((PlOO,OOO.OO) in the case of death, not more than Fifty Thousand
Pesos (P50,OOO.OO)in cash of an injury exclusive of medical and hospitalization expense, and
Seventy Five Thousand Pesos (P75,OOO.OO) in case of incapacity exclusive of medical and
hospitalization expense.
SEC. 83. Accumulated Prem'ums. - After five (5) years from the date, the common trust
fund was established and every three (3) years thereafter, a portion of the trust fund may be used
for rail projects and programs by 2/3 vote of the members of the Board of Directors of the
Philippine National Railway Authority.
SEC. 84. Fund Administrator. - The Trust Funds authorized under this Article may be
administered by a group of financial experts when in the judgment of the Board the need for it
arises, otherwise, the Authority shall administer and manage such fund.
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ARTICLE XX
APPLICABILITY OF RAILWAY LEGISLATION
SEC. 85. Application ofthis Act. - (a) Where a person owns or is otherwise responsible
for the control, management or operation of both rolling stock and track -
(i)
to that person, and
(ii) Any reference in the railway legislation to the operator of a railway is a
reference to that person in that persons capacity as the operator of both rolling
stock and track.
This railway legislation as it relates to both rolling stock and track applies
(b) Where a person owns or is otherwise responsible for the control, management or
operation of rolling stock but does not own and is not otherwise responsible for the control,
management or operation of track -
(i) the railway legislation as it relates to rolling stock applies to that person, and
(ii)
reference to that person in that persons capacity as the operator of rolling stock.
any reference in the railway legislation to the operator of a railway is a
(c) Where a person owns or is otherwise responsible for the control, management or
operation of track but does not own and is not otherwise responsible for the control, management
or operation of rolling stock -
(i) the railway legislation as it relates to track applies to that person, and
(ii) any reference in the railway legislation to the operator of a railway is a
reference to that persons capacity as the operator of track.
(d) Where a person owns or is otherwise responsible for the control, management or
operation of structural facilities -
(i) the railway legislation as it relates to the structural facilities applies to the
person, and
(ii) any reference in the railway legislation to the operator of a railway is a
reference to that persons capacity as the operator of the strnctural facilities.
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SEC. 86. Non-applicability of Railway Legislation. - The railway legislation does not
apply to (a) rolling stock or track that is not full size; (b) structural facilities used in respect of
rolling stock or track referred to in clause (a); (c) the operator of a railway with respect to the
operation of rolling stock or track referred to in clause (a); (d) a railway with respect to the
operation of rolling stock or track referred to in clause (a).
For purposes of this section, (a) a reference to rolling stock or track that is not full size is,
subject to the regulations, a reference
(i)
less than standard gauge in width, and
(ii)
In the case of rolling stock, to rolling stock that operates on track that is
In the case of track, to track that is less than standard gauge in width, and
(b) A reference in clause (a) to standard gauge is a reference to standard gauge as that
term is commonly understood in the Philippines which is based on international standards.
ARTICLE XXI
APPLICABILITY OF EXISTING LAWS AND REGULATIONS
SEC. 87. Insofar as they are not inconsistent with this Act, the provisions of the
Corporation Law and Republic Act 6957 otherwise known as an Act Authorizing the Financing,
Construction, Operations and Maintenance of Infrastructure Projects by the Private Sector s and
for Other Purposes shall be applicable to the operations of the National Railway Authority.
ARTICLE XXII
CONGRESSIONAL OVERSIGHT COMMITTEE
SEC. 88. Separability Clause - If any of the provisions of this Acts declared invalid, the
provisions thereof not affected by such declaration shall remain in force and effect.
SEC. 89. Repealing Clause - The provisions of Republic Act No. 4156, as amended,
Executive Order No. 603, as amended are hereby repealed. All other laws, decrees, orders,
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5 EFFECTIVITY CLAUSE
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proclamations, rules and regulations or parts thereof, inconsistent withany of the provisions of
this Act are hereby repealed, amended or modified accordingly.
SEC. 90. Effectivity CZause - This Act shall take effect fifteen (15) days following its
publication in at least two (2) newspapers of general circulation.
Approved,
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