Question & AnswerQ&A (MMDA REGULATION NO. 11-002)
Excavation is defined as any diggings or unearthing in the streets, thoroughfares, including passageways and sidewalks within the city/municipality for the installation, repair, or improvement of utility lines, communication and powerlines undertaken by government, public or private utility companies.
Applicants must pay processing fees, excavation permit fees, restoration deposits, and maintenance deposits as prescribed in the revised schedule depending on the type and extent of excavation work.
The utility company or implementing agency (IA) is responsible for posting a cash deposit or performance bond to the concerned LGUs, DPWH-NCR, or TEC-MMDA based on the schedule of restoration rates.
They must maintain the restored portion for a period of one (1) year from the date of acceptance.
Violators may be fined not less than P1,250 and up to P25,000 or imprisoned from 30 days to 6 months, or both, at the discretion of the court. Corporate officers may also be held liable.
Light violation includes failure to post the Excavation Permit in a conspicuous place.
Less grave violations include non-compliance with a work stoppage order, excavating without a permit, and failure to restore excavated portions according to approved schedules.
Grave violations include failure to install safety construction devices or road signs, failure to restore the road to its original condition, and non-compliance with work stoppage orders when excavating without a permit.
Fines are imposed progressively: minimum fine for failing to comply with first notice, medium fine for second notice, and maximum fine for third and final notice.
To address the safety hazards, unsightly road conditions, and traffic congestion caused by unattended or haphazardly filled road diggings, and to align fees with Executive Order No. 197, which mandates a minimum 20% increase in government fees and charges.