Ban on Contracts to Attorneys-in-Fact Modified

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DPWH DEPARTMENT ORDER NO. 88: Ban on Contracts to Attorneys-in-Fact Modified

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Title Source: Supreme Court: Ban on Contracts to Attorneys-in-Fact Modified

Law: Dpwh Department Order No. 88

Decision Date: Apr 24, 1990

The modification of the ban on letting contracts for infrastructure projects now includes Branch Managers, reinforcing the principle that a contractor's license is non-transferable and preventing circumvention of previous prohibitions.

Principle of License Non-Transferability

Licenses issued to construction firms are personal and cannot be transferred to others.
Allowing Branch Managers of licensed construction firms to engage in construction contracting violates this principle.

Modification of the Previous Order

Department Order No. 102, s. 1989 was amended to include Branch Managers within the prohibition against letting contracts for infrastructure projects.
This broadens the scope of the ban to prevent indirect circumvention through Branch Managers.

Immediate Effectivity

The modification is effective immediately upon issuance.

Legal and Administrative Authority

The order was issued by the Secretary of Public Works and Highways, Fiorello R. Estuar, underscoring its administrative backing and enforceability.

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