MMDA revised fees and penalties on road excavations

Regulation aligned with Executive Order No. 197, s. 2000 to increase fees by at least 20%.
Enacted under Section 6 of Republic Act 7924.
Amends previous MMDA Ordinance No. 2, Series of 1991 and MMDA Regulation No. 98-009.

Excavation means any digging or unearthing on streets, thoroughfares, passageways, and sidewalks within Metro Manila.
Applies to installation, repair, or improvement of utilities (water, gas, telephone, telegraph, communication lines, powerlines, drainage).
Covers work by government agencies, public, and private utility companies.

Processing fees:
- Poles and house connections: ₱375.00.
- All other excavations: ₱625.00.
Excavation permit fees:
- Underground utility trenches up to 0.50m width:
  - First 50 linear meters: ₱625.00.
  - Over 50 linear meters: ₱18.75 per linear meter.
- For trench widths exceeding 0.50m: ₱18.75 per square meter.
- Foundation of structures: ₱20.25 per square meter.
- Road concreting/blocking or asphalt pavement: ₱6.25 per square meter.
- Installation of utility poles: ₱125.00 per pole.

Restoration deposits calculated based on pavement type and thickness:
- Concrete pavement varies from ₱735.00 to ₱1,187.50 per square meter depending on thickness.
- Asphalt pavement: ₱650.00 for 2" thickness.
- Curb and gutter: ₱500.00 per unit.
- Macadam pavement: ₱500.00.
Implementing agency (IA) responsible for restoration and related obligations after underground work completion.
IA or utility company must post a cash deposit or performance bond to local government units (LGUs), DPWH-NCR, or TEC-MMDA for restoration cost.
Cash deposits refundable upon satisfactory restoration.
Guaranty bond required if restoration is outsourced to contractors.
One-year repair obligation period from date of restoration acceptance.
Individual connections require direct cash payment for restoration to LGUs/DPWH-NCR.

IA must maintain restored road portions for one year from acceptance.
A maintenance deposit is required and based on pavement type and thickness with specified rates, for example:
- Concrete pavement ranges from ₱183.75 to ₱297.50 per square meter.
- Asphalt pavement: ₱162.50.
- Macadam: ₱62.50.
- Curb and gutter: ₱125.00.
Deposit refundable one month after the one-year maintenance period if no repairs are needed.

Fines categorized by violation severity:
- Light violation includes failure to post excavation permit visibly.
- Less grave violation includes:
  - Non-compliance with work stoppage orders.
  - Excavating without a permit.
  - Failure to restore as per approved schedule.
- Grave violation includes:
  - Failure to install safety construction devices.
  - Failure to put up road signs or billboards.
  - Failure to restore road to original condition.
  - Continuing excavation without permit despite stoppage orders.
Fine ranges (in Pesos):
- Light: ₱1,250 - ₱3,750.
- Less grave: ₱6,250 - ₱12,500.
- Grave: ₱12,500 - ₱25,000.
Graduated fines imposed for repeated non-compliance after first, second, and third notices.

Violators face fines from ₱1,250 up to ₱25,000 or imprisonment from 30 days to 6 months, or both.
Corporate liability attaches to president, manager, or person in charge of project.

All inconsistent rules and regulations or provisions are repealed or modified accordingly.

If any provision is declared unconstitutional or invalid, the rest of the Regulation remains effective and enforceable.

Regulation takes effect 15 days after publication in two newspapers of general circulation.