Title
Supreme Court
Revocation of EO 427; return of facilities to DPWH
Law
Executive Order No. 205
Decision Date
Apr 8, 2016
President Benigno S. Aquino III revokes Executive Order No. 427, returning the management of key infrastructure facilities to the Department of Public Works and Highways to ensure proper repair and maintenance.

Law Summary

Issues Leading to Revocation

  • No deed of conveyance was executed, leading to ambiguity and administrative confusion regarding the management of these infrastructure facilities.
  • The lack of formal transfer resulted in insufficient repair and maintenance efforts.
  • The City of Mandaue formally requested the facilities' return to the Department of Public Works and Highways (DPWH) through Sangguniang Panlungsod Resolution Nos. 13-555-2015 and 13-754-2015.
  • There was an identified need to clarify management authority to facilitate necessary infrastructure projects improving transportation and traffic conditions in the affected areas.

Legal Effect and Implementation

  • Executive Order No. 427 (s. 2005) is officially revoked, nullifying the prior transfer directive.
  • Responsibility for repair, maintenance, and management of the aforementioned infrastructure facilities is returned to the DPWH.
  • The revocation applies without prejudice to any other orders, proclamations, or rules inconsistent with this directive; such conflicting orders are repealed or modified as appropriate.
  • The Order takes immediate effect upon its publication, ensuring no administrative vacuum in infrastructure oversight.

Governing Authority

  • The Order was signed by the President of the Philippines and countersigned by the Executive Secretary, affirming its legal validity and enforceability.

Key Legal Concepts

  • Authority and scope of administrative control over government infrastructure facilities.
  • Formalization of property and management rights via deed of conveyance as legal requirement for transfer.
  • Importance of clear administrative jurisdiction to ensure proper maintenance and public service.
  • Supersession and repeal of inconsistent prior legal issuances to maintain legal coherence and administrative efficiency.

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