Title
Transfer of DPWH Control to ARMM Govt
Law
Executive Order No. 424
Decision Date
Oct 4, 1990
Executive Order No. 426 transfers control and supervision of DPWH offices in the ARMM to the Autonomous Regional Government, allowing them to plan, construct, and maintain infrastructure projects within the region, while retaining certain functions and standards under the DPWH.

Law Summary

Scope of Functions Transferred to the Autonomous Regional Government

  • Responsibility for highways, flood control, water resource development systems, and other public works within the ARMM.
  • Planning, design, construction, and supervision of infrastructure projects within ARMM.
  • Maintenance of infrastructure facilities and supervision of local roads receiving national financial assistance.
  • Enforcement of laws, policies, programs, and regulations regarding infrastructure projects and physical structures.
  • Provision of technical assistance to other agencies and local government units within ARMM.
  • Coordination with various government departments, local governments, and organizations for infrastructure planning and implementation.
  • Ongoing consultations with local communities and responsiveness to public needs.
  • Other duties delegated by the Regional Governor or provided by law.

Functions Retained by the National Government

  • Retention of functions not specified for transfer, including reserved powers under Article V, Section 2 of the Organic Act.
  • Capability for DPWH and the Autonomous Regional Government to enter a Memorandum of Agreement for operationalizing retained functions within ARMM, subject to presidential approval.
  • Assurance that national government operations remain unimpaired.

Standard Setting for Infrastructure

  • Adoption of the National Building Code and other national engineering and construction standards as minimum standards by the Autonomous Regional Government.
  • Permissible adoption of stricter standards by the Autonomous Regional Government, provided they do not compromise national standards.

Programs and Projects

  • Transfer of locally funded projects, including staff, budgets, liabilities, and assets, related to transferred DPWH offices to the Autonomous Regional Government.
  • Continued responsibility of DPWH for foreign-funded projects under existing loan or grant agreements.
  • Possible Memorandum of Agreement for implementation arrangements concerning foreign-funded projects within ARMM.

Assets, Equipment, Buildings, and Land

  • All existing assets, equipment, buildings, and land of the specified DPWH District Engineering Offices and Area Equipment Services within ARMM transferred to the Autonomous Regional Government.

Budget and Fiscal Accountability

  • Transfer of outstanding allotments and fiscal accountability for capital outlays and operating expenses to the Autonomous Regional Government through proper budgetary procedures involving the Department of Budget and Management.

Liabilities

  • Contract obligations entered by the transferred DPWH offices will be assumed by the Autonomous Regional Government.
  • Contract obligations by the DPWH regional office for ARMM projects remain with DPWH.
  • National Government to maintain necessary expenditure levels to fulfill devolved functions.
  • Termination of annual operating budget support to devolved offices by the National Government as soon as practicable.

Personnel

  • All regular plantilla positions assigned to ARMM are placed under the Autonomous Regional Government.
  • Transfer of corresponding personal services budget to the Autonomous Regional Government.
  • Career service personnel absorbed, retaining seniority, compensation, and benefits per Civil Service Commission rules.
  • Options for personnel refusing transfer include retirement, absorption by other offices, transfer to other departments, or resignation.
  • Separated personnel entitled to separation or other benefits under existing laws.

Attached Agencies

  • DPWH retains control and supervision over attached agencies with projects in ARMM: Local Water Utilities Administration, National Irrigation Administration, and National Water Resources Board.
  • These agencies must coordinate their plans and projects with the Regional Planning and Development Board.
  • Autonomous Regional Government in Lanao del Sur and Maguindanao granted authorities akin to DPWH regional directors under the Water Code, including issuing temporary water permits and well drilling permits, subject to National Water Resources Board approval.
  • In island provinces (Tawi-Tawi and Sulu), the Autonomous Regional Government assumes full water-related regulatory authority.

Special Assistance

  • DPWH Regional Office to provide technical assistance to the Autonomous Regional Government for implementing the National Building Code, highway standards, and related engineering and construction standards.

Separability Clause

  • Declaration that any unconstitutional or unlawful part of the Executive Order shall not affect other provisions, which shall remain in force.

Effectivity

  • The Executive Order takes effect fifteen days after publication in a national and a local ARMM newspaper.

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