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prejudice to any other orders, proclamations, or rules inconsistent with this directive; such conflicting orders are repealed or modified as appropriate.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.