EXECUTIVE ORDER NO. 424
EXECUTIVE ORDER NO. 424 - PLACING
THE CONTROL AND SUPERVISION OF THE OFFICES OF THE DEPARTMENT OF PUBLIC
WORKS AND HIGHWAYS WITHIN THE AUTONOMOUS REGION IN MUSLIM MINDANAO
UNDER THE AUTONOMOUS REGIONAL GOVERNMENT AND FOR OTHER PURPOSES
WHEREAS,
the second paragraph of Sec. 4, Article XIX of Republic Act No. 6734
provides that “[O]ther National Government offices and agencies in the
Autonomous Region which are not excluded under paragraph (9), Sec. 2, Article V of the organic Act, together with their personnel
equipment, properties and budgets shall be placed under the control and
supervision of the Regional Government pursuant to a schedule
prescribed by the Oversight Committee mentioned in Sec. 3, Article
XIX of the Organic Act: Provided, however, That the transfer of these
offices and agencies and their personnel, equipment, properties and
budgets shall be accomplished within six (6) years from the
organization of the Regional Government.”
WHEREAS, the Oversight Committee has identified that the offices of the
Department of Public Works and Highways in the Autonomous Region in
Muslim Mindanao may be immediately transferred to implement the
regional public works of the Autonomous Regional Government;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the power vested in me by law, do hereby order:
Section 1. Transfer of Control and Supervision. — The
offices of the Department of Public Works and Highways (DPWH) within
the Autonomous Region in Muslim Mindanao (ARMM) including their
functions, powers and responsibilities, personnel, equipment,
properties, budgets and liabilities are hereby placed under the control
and supervision of the Autonomous Regional Government.
In particular, these offices are identified as the four (4) District
Engineering Offices (DEO) in each of the four provinces respectively
and the three (3) Area Equipment Services (AES) located in Tawi-Tawi,
Sulu and Maguindanao (Municipality of Sultan Kudarat).
Sec. 2. Functions Transferred. — The Autonomous
Regional Government shall be responsible for highways, flood control
and water resources development systems, and other public works within
the ARMM and shall exercise the following functions:
1.
Undertake and evaluate the planning, design, construction and works
supervision for the infrastructure projects whose location and impact
are confined within the ARMM;
2. Undertake
the maintenance of the infrastructure facilities within the ARMM and
supervise the maintenance of such local roads and other infrastructure
receiving financial assistance from the National
Government;
3. Ensure the
implementation of laws, policies, programs, rules and regulations
regarding infrastructure projects as well as all public and private
physical structures within the ARMM;
4. Provide
technical assistance related to their functions to other agencies
within the ARMM, especially the local government units;
5. Coordinate
with other national and regional government departments, agencies,
institutions, and organizations, especially the local government units
within the ARMM in the planning and implementation of infrastructure
projects;
6. Conduct
continuing consultations with the local communities, take appropriate
measures to make the services of the Autonomous Regional Government
responsive to the needs of the general public and recommend such
appropriate actions as may be necessary; and,
7. Perform
such other related duties and responsibilities within the ARMM as may
be assigned or delegated by the Regional Governor or as may be provided
by law.
Sec. 3. Functions retained by the National
Government. — Functions not specified herein shall be retained by the
DPWH. These include, among others, the reserved powers of the National
Government in accordance with Article V, Sec. 2, as well as those
subject to specific provisions, of Republic Act No. 6734; Provided,
that, the DPWH and the Autonomous Regional Government may enter into a
Memorandum of Agreement with reference to operationalizing these
functions within the ARMM subject to the approval of the Office of the
President; Provided, however, that the operations of the National
Government are not prejudiced.
Sec. 4. Standard setting. — The National Building
Code and other national engineering and construction standards
specified by law and/or prescribed by the Department of Public Works
and Highways shall be adopted as minimum standards by the Autonomous
Regional Government. The Autonomous Regional Government, however, may
adopt stricter standards but at no time shall compromise national
engineering and construction standards.
Sec. 5. Programs and Projects. — Locally funded
project of the offices mentioned in Section 1 hereof are hereby
transferred to the Autonomous Regional Government including
project-hired staff, budgets, liabilities and assets acquired.
Foreign-funded projects covered by existing loans or grant agreements
shall continue to be the responsibility of the DPWH. A Memorandum of
Agreement may be entered into between the DPWH and the Autonomous
Regional Government insofar as implementation arrangements within the
ARMM are concerned.
Sec. 6. Assets, Equipment, Buildings and Land. —
All existing assets and equipment of the four District Engineering
Offices and three Area Equipment Services within the ARMM are hereby
turned over to the Autonomous Regional Government.
Building and the land wherein these edifices are built, of the
aforementioned offices within the ARMM are hereby transferred to the
Autonomous Regional Government.
Sec. 7. Budget. — The balance of allotments
outstanding for the current fiscal year as of the date of effectivity
of this Executive Order and the fiscal accountability for capital
outlays of locally-funded projects undertaken by the four District
Engineering Offices and three Area Equipment Services as well as the
current operating expenses of the said offices shall be transferred to
the Autonomous Regional Government thru the withdrawal of the
appropriate advices of allotment by the Department of Budget and
Management from the Department of Public Works and Highways and
subsequent release to the Autonomous Regional Government.
Sec. 8. Liabilities. — The contract obligations
entered into by the aforementioned District Engineering Offices and
Area Equipment Services will be assumed by the Autonomous Regional
Government, Provided, that, the contract obligations of the DPWH
regional office for projects within the ARMM shall continue to be paid
by the DPWH regional office: Provided, further, that the National
Government shall continue such levels of expenditures as may be
necessary to carry out the functions devolved under Republic Act No.
6734 and this Executive Order; Provided, finally, that the annual
operating budget support for these offices devolved to the Autonomous
Regional Government shall terminate as soon as practicable.
Sec. 9. Personnel. — All regular plantilla
positions, whether filled or unfilled, of the aforementioned District
Engineering Offices and Area Equipment Services effectively assigned to
or located in the four (4) provinces within the ARMM as their official
station, shall immediately be placed under the control and supervision
of the Autonomous Regional Government. The corresponding personal
services budget shall henceforth be transferred to the Autonomous
Regional Government.
All personnel in the career service of the aforementioned District
Engineering Office and Area Equipment Services shall be absorbed by the
Autonomous Regional Government and shall retain their seniority rights,
compensation and other benefits in accordance with the rules and
regulations of the Civil Service Commission.
Those who refuse to transfer to the Autonomous Regional Government
shall have the following options: regular retirement; absorption by
their line department in another office or region based on the
availability of position and at the discretion of management; transfer
to another department based on availability of position; or
resignations. Personnel separated from the service as a result of the
implementation of this Executive Order shall, if entitled thereto under
existing laws, be given separation or other benefits.
Sec. 10. Attached Agencies. — The control and
supervision of DPWH-attached corporations and agencies, namely the
Local Water Utilities Administration, National Irrigation
Administration and the National Water Resources Board, despite having
projects within the ARMM, shall be retained by the DPWH. The three
attached agencies, however, shall coordinate all their plans, programs
and projects within the ARMM with the Regional Planning and Development
Board.
The Autonomous Regional Government in the Provinces of Lanao del Sur
and Maguindanao, will be vested with similar authorities given to DPWH
regional directors and district engineers as provided in the Water Code
including the power to grant temporary water permits and permits to
drill wells subject to final approval of the National Water Resources
Board. In the Island Provinces of Tawi-Tawi and Sulu, the Autonomous
Regional Government shall assume all levels of authority including
approval and regulation with reference to water rights.
Sec. 11. Special Assistance. — The DPWH shall
provide the Autonomous Regional Government technical assistance with
reference to the implementation of the National Building Code, highway
standards and other national engineering and construction standards as
specified by law and/or as prescribed by the Department of Public Works
and Highways.
Sec. 12. Separability Clause. — If, for any
reason, any part or provision of this Executive Order shall be held
unconstitutional or declared contrary to law, other parts or provisions
hereof which are not affected thereby shall continue to be in full
force and effect.
Sec. 13. Effectivity. — This Executive Order shall
take effect fifteen days after publication in one (1) national
newspaper of general circulation and one (1) local newspaper of general
circulation in the ARMM.
DONE in the City of Manila,
this 4th day of October in the year of Our Lord, nineteen hundred and
ninety.
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Since 19.07.98.