Question & AnswerQ&A (EXECUTIVE ORDER NO. 424)
Executive Order No. 424 places the control and supervision of DPWH offices within the ARMM, including their functions, personnel, equipment, properties, budgets, and liabilities, under the control and supervision of the Autonomous Regional Government.
The four District Engineering Offices (DEO) in each of the four provinces of ARMM and the three Area Equipment Services (AES) located in Tawi-Tawi, Sulu, and Maguindanao (Municipality of Sultan Kudarat) are transferred.
The Autonomous Regional Government is responsible for highways, flood control, water resource development systems, planning, design, construction, maintenance of infrastructure confined within the ARMM, and ensuring the implementation of related laws and policies among other related duties.
Functions not specified in the Executive Order remain with the DPWH, including reserved powers of the National Government under the Organic Act and other specific legal provisions. The DPWH and Autonomous Regional Government may enter into agreements for operational matters within the ARMM.
The Autonomous Regional Government must adopt the National Building Code and other national engineering and construction standards as minimum standards but may adopt stricter standards without compromising national standards.
Locally funded projects of the identified DPWH offices are transferred to the Autonomous Regional Government, including staff and budgets. Foreign-funded projects under existing loan or grant agreements remain the responsibility of the DPWH, and implementation arrangements may be coordinated through Memoranda of Agreement.
All assets, equipment, buildings, and land of the transferred DPWH offices and Area Equipment Services within ARMM are turned over to and transferred to the Autonomous Regional Government.
The balance of allotments for the current fiscal year and fiscal accountability for capital outlays and operating expenses of the transferred DPWH offices are transferred to the Autonomous Regional Government through appropriate advisories and releases by the Department of Budget and Management.
The Autonomous Regional Government assumes contract obligations of the transferred district engineering offices and area equipment services, except those of the DPWH regional office for ARMM projects which continue to be paid by the DPWH regional office. The National Government shall maintain expenditures necessary for devolved functions.
All personnel in career service under the transferred offices will be absorbed by the Autonomous Regional Government, retaining their seniority rights, compensation, and other benefits in accordance with Civil Service Commission rules. Those refusing transfer have options including retirement, reassignment, or resignation.
No, control and supervision of DPWH-attached corporations and agencies remain with the DPWH, but they must coordinate their plans and projects within ARMM with the Regional Planning and Development Board.
The Autonomous Regional Government in these provinces is granted authorities similar to DPWH regional directors and district engineers under the Water Code, including power to grant temporary water permits and permits to drill wells, subject to National Water Resources Board final approval.
The separability clause provides that if any part is held unconstitutional or unlawful, the other unaffected parts remain in full force and effect.
It took effect fifteen days after its publication in one national and one local newspaper of general circulation in the ARMM, specifically after October 4, 1990.