House Senior Deputy Speaker and South Cotabato 2nd District Rep. Ferdinand Hernandez has called for a House inquiry into the ”recurring flooding” on a part of the North Luzon Expressway, which caused severe traffic congestion.
In a privilege speech before the House plenary on Monday, Hernandez said the NLEX and relevant government agencies should explain why the area near San Simon exit in Pampanga still experienced severe flooding recently, when improvements were supposedly undertaken in the area after it was flooded three years ago.
“Let us examine the concession agreement. Let us verify what improvements were promised and what was actually delivered. Let us determine whether government properly monitored compliance. And let us determine whether any failure to perform these obligations may give rise to accountability—including, where the evidence and the law warrant, civil liability,” he said.
“This incident also raises a legal question that our investigation must address: Could the failure to anticipate a known and recurring danger, warn motorists, divert traffic, provide assistance, or take reasonable precautions constitute negligence giving rise to civil liability? I am not prejudging the answer. This is precisely why an investigation is necessary,” Hernandez added.
“Under Article 2176 of the Civil Code, an act or omission that causes damage through fault or negligence may, when the legal requisites are present, give rise to liability under the law on quasi-delicts. The Supreme Court has identified the essential elements: first, damage suffered by the injured party; second, fault or negligence; and third, a causal connection between that fault or negligence and the damage suffered," he said.
"That principle of reasonable foreseeability deserves examination here. This was not an entirely unknown risk. The area flooded severely in 2023. Its vulnerability was known. Improvements were undertaken precisely because the danger had already been identified. Yet motorists were stranded there again in 2026. The issue is not whether NLEX caused the rain. It did not. The issue is whether, knowing the history and vulnerability of the area, reasonable measures were taken to anticipate the danger, warn motorists, manage traffic, provide assistance, and prevent unnecessary harm,” he explained.
“The flood may be an act of nature. But whether there was a failure to reasonably prepare for a known and recurring risk is a different question.
What if motorists suffered actual injury or loss because of a proven negligent act or omission, we must determine whether existing law provides them with adequate remedies, whether under the law on negligence, applicable contractual obligations, the concession agreement, or other relevant laws and regulations,” Hernandez noted.
He also questioned why toll collection was not immediately suspended when the expressway was flooded. Hernandez said there should be a policy that automatically suspends toll collection when a tollway becomes impassable due to severe flooding or serious operational failure
“Congress should examine a clear rule: When a tollway becomes substantially impassable because of severe flooding or serious operational failure, toll collection in the affected sections should automatically be suspended. No application. No request. No public outrage should be necessary.
The investigation should also consider automatic refunds, toll waivers, rebates, and appropriate compensation mechanisms for motorists trapped during severe tollway failures, as well as clear standards for when toll collection must stop and when motorists may claim compensation for actual injury or loss,” he said.
“A toll is payment for a service. Motorists pay for a reasonably safe, efficient, and reliable expressway. If the tollway can no longer provide that service, what exactly are motorists being charged for? Imagine a family trapped inside a vehicle for hours. May kasamang mga bata. May senior citizen. Baka may may sakit pa. Baha na. Hindi na gumagalaw ang trapiko. Hindi nila alam kung kailan sila makakalabas. Nagdurusa na ang motorista—tapos sisingilin mo pa rin ng toll? A refund is welcome.But it is not enough,” Hernandez added.
Last August 31, the Department of Transportation ordered the Toll Regulatory Board to issue a notice for NLEX Corp. to explain the recent traffic congestion and submit measures to prevent similar incidents.
The NLEX operator was also asked to consider reimbursing the toll paid by affected motorists. Last September 2, NLEX Corp. provided “a toll rebate for the San Fernando–Pulilan stretch, both northbound and southbound… until all lanes in said stretch are passable to all classes of vehicles."
According to the DOTr, aside from raising the road pavement, the Department of Public Works and Highways will also construct a perimeter flood wall and conduct dredging at the Tulaoc River as part of the long-term solution to flooding in the area.