EXECUTIVE ORDER NO. 292 [BOOK IV] (TITLE V)

Title V

PUBLIC WORKS AND HIGHWAYS

CHAPTER 1

GENERAL PROVISIONS

Section 1. Declaration of Policy. - The State shall maintain an engineering and construction arm and continuously develop its technology, for the purposes of ensuring the safety of all infrastructure facilities and securing for all public works and highways the highest efficiency and the most appropriate quality in construction. The planning, design, construction and maintenance of infrastructure facilities, especially national highways, flood control and water resources development systems, and other public works in accordance with national development objectives, shall be the responsibility of such an engineering and construction arm. However, the exercise of this responsibility shall be decentralized to the fullest extent feasible.

Section 2. Mandate. - The Department of Public Works and Highways shall be the State's engineering and construction arm and is tasked to carry out the policy enunciated above.

Section 3. Powers and Functions. - The Department, in order to carry out its mandate, shall:

(1) Provide technical services for the planning, design, construction, maintenance, or operation of infrastructure facilities;

(2) Develop and implement effective codes, standards, and reasonable guidelines to ensure the safety of all public and private structures in the country and assure efficiency and proper quality in the construction of public works;

(3) Ascertain that all public works plans and project implementation designs are consistent with current standards and guidelines;

(4) Identify, plan, secure funding for, program, design, construct or undertake prequalification, bidding, and award of contracts of public works projects with the exception only of specialized projects undertaken by Government corporate entities with established technical capability and as directed by the President of the Philippines or as provided by law;

(5) Provide the works supervision function for all public works constructions and ensure that actual construction is done in accordance with approved government plans and specifications;

(6) Assist other agencies, including the local governments, in determining the most suitable entity to undertake the actual construction of public works projects;

(7) Maintain or cause to be maintained all highways, flood control, and other public works throughout the country except those that are the responsibility of other agencies as directed by the President of the Philippines or as provided by law;

(8) Provide an integrated planning for highways, flood control and water resource development systems, and other public works;

(9) Classify road and highways into national, regional, provincial, city, municipal, and barangay roads and highways, based on objective criteria it shall adopt; provide or authorize the conversion of roads and highways from one category to another; and

(10) Delegate, to any agency it determines to have the adequate technical capability, any of the foregoing powers and functions; and

(11) Perform such other functions as may be provided by law.

Section 4. Organizational Structure. - The Department shall be composed of:

(1) The Department Proper consisting of the Office of the Secretary, the Offices of the Undersecretaries and Assistant Secretaries, the Internal Audit Service, Monitoring and Information Service, Planning Service, Comptrollership and Financial Management Service, Legal Service, and the Administrative and Manpower Management Service;

(2) The Bureau of Research and Standards, Bureau of Design, Bureau of Construction, Bureau of Maintenance, and Bureau of Equipment; and

(3) The Field Offices, consisting of fourteen (14) Regional Offices composed of Region I (Ilocos), Region II (Cagayan Valley), Region III (Central Luzon, National Capital Region), Region IV-A (Southern Tagalog Mainland Provinces), Region IV-B (Southern Tagalog Island Provinces), Region V (Bicol), Region VI (Western Visayas), Region VII (Central Visayas), Region VIII (Eastern Visayas), Region IX (Western Mindanao) Region X (Northeastern Mindanao) Region XI (Southern Mindanao) and Region XII (Central Mindanao), and their respective District Offices.

CHAPTER 2

DEPARTMENT PROPER

Section 5. Office of the Secretary. - The Office of the Secretary shall be composed of the Secretary and his immediate staff.

Section 6. Undersecretaries. - The Secretary shall be assisted by not more than five (5) Undersecretaries who shall be appointed by the President upon the recommendation of the Secretary. The Secretary is hereby authorized to delineate and assign the respective functional areas of responsibility of the Undersecretaries. Such responsibility shall be with respect to the mandate and objectives of the Department and no Undersecretary shall be assigned primarily administrative responsibilities. Within his functional area of responsibility, an Undersecretary shall have the following functions:

(1) Advise and assist the Secretary in the formulation and implementation of Department policies, plans programs and projects;

(2) Supervise all the operational activities of the units assigned to him, for which he is responsible to the Secretary; and

(3) Perform such other duties and responsibilities as may be assigned or delegated by the Secretary to promote efficiency and effectiveness in the delivery of public services, or as may be required by law.

Section 7. Assistant Secretaries. - The Secretary shall also be assisted by six (6) Assistant Secretaries appointed by the President of the Philippines upon the recommendation of the Secretary; one (1) to be responsible for the Internal Audit Services; one (1) for the Monitoring and Information Service; one (1) for the Planning Service; one (1) for the Comptrollership and Financial Management Service; one (1) for the Legal Service; and one (1) for the Administrative and Manpower Management Service.

CHAPTER 3

DEPARTMENT SERVICES

Section 8. Internal Audit Service. - The Internal Audit Service shall conduct comprehensive audit of various Department activities. Specifically, it shall have the following functions:

(1) Advice the Secretary on all matters relating to management control and operations audit;

(2) Conduct management and operations performance audit of Department activities and units and determine the degree of compliance with established objectives, policies, methods and procedures, government regulations, and contractual obligations of the Department;

(3) Review and appraise systems and procedures, organizational structure, assets management practices, accounting and other records, reports and performance standards (such as budgets and standard costs) of the Department Proper, Bureaus and Regional Offices;

(4) Analyze and evaluate management deficiencies and assist top management to solve the problems by recommending realistic courses of action; and

(5) Perform such other related duties and responsibilities as may be assigned or delegated by the Secretary or as may be required by law.

Section 9. Monitoring and Information Service. - The Monitoring and Information Service is hereby created to provide the Secretary timely reports on the status of various Department projects and activities; and develop and implement information programs for mass dissemination in coordination with the appropriate government agencies. The Monitoring and Information Service shall have the following functions:

(1) Advice the Secretary on all matters relating to monitoring and public information;

(2) Develop and maintain a system for retrieving and processing monitoring information on all projects and activities of concern to the Secretary;

(3) Provide accurate and timely status and exception reports to the Secretary;

(4) Generate monitoring reports for the President, the Cabinet, or for any other purpose as required by the Secretary;

(5) Develop and supervise the implementation of communications programs to have relevant policies, programs and plans of the Department understood by the public;

(6) Produce and supervise the dissemination of media materials in line with the national government public information programs;

(7) Coordinate with appropriate national government agencies tasked with public information affairs; and

(8) Perform such other related duties and responsibilities as may be assigned or delegated by the Secretary or as may be required by law.

The existing Infrastructure Computer Center shall be under the supervision of the Assistant Secretary for Monitoring Information. It shall establish and maintain a computerized data bank as a repository of statistics and information on infrastructure operations. It shall also provide computer service to the different offices of the Department.

Section 10. Planning Service. - The Planning Service shall provide the Department with the capability to undertake infrastructure development planning and programming. For this purpose, it shall have the following functions:

(1) Advice the Secretary on all matters relating to infrastructure planning;

(2) Formulate strategies and priorities for infrastructure development consistent with national development objectives; and initiate or undertake, coordinate and review area and sector surveys for development planning;

(3) Formulate long-range, medium-term and annual development plans and programs for infrastructure, especially highways, flood control and water resource development systems, and other public works projects, including phasing of implementation;

(4) Identify priority packages for infrastructure development, especially highways, flood control and water resource development systems, and other public works projects, undertake or supervise and evaluate the conduct of feasibility studies and project preparation thereof;

(5) Prioritize project implementation and the allocation of funds and other resources and package project proposals for funding and implementation;

(6) Evaluate and appraise all regional and interregional infrastructure development plans and programs as to their feasibility and consistency with approved strategies and long and medium-term plans;

(7) Initiate regular Department-wide planning exercises and act as the secretariat thereof;

(8) Gather, analyze and organize needed statistical data and information;

(9) Provide technical assistance related to its functions to the other Services, Bureaus and the Regional Offices as needed; and

(10) Perform such other related duties and responsibilities as may be assigned or delegated by the Secretary or as may be required by law.

Section 11. Comptrollership and Financial Management Service. - The Comptrollership and Financial Management Service shall provide the Department with coordinated services relating to financial systems and procedures, budget, cash, accounting, and all financial housekeeping matters. For such purposes, it shall have the following functions:

(1) Advise the Secretary on all matters relating to the accounting of government expenditures and receipts, budgeting and cash management, project finances, and financial systems and procedures;

(2) Prepare budget proposals and pursue formal budget authorizations; undertake budget execution, and prepare and submit all appropriate reports to the proper offices;

(3) Develop and maintain accounting, financial and assets management systems, procedures, and practices in the Department proper, Bureaus, and Regional Offices;

(4) Provide assistance in its area of specialization to any unit of the Department and, when requested, to government corporations and councils attached to the Department; and

(5) Perform such other related duties and responsibilities as may be assigned or delegated by the Secretary or as may be required by law.

Section 12. Legal Service. - The Legal Service provides the Department with services on such legal affairs as contract letting and litigation, legal and legislative research, complaints and investigation, legal counselling and other matters of law. For such purposes, it shall have the following functions:

(1) Advise the Secretary on all matters relating to legal affairs;

(2) Prepare Department contracts and legal instruments, review and interpret all contracts and agreements entered into by the Department; evaluate all legal proposals;

(3) Conduct administrative investigation as well as the review of administrative charges against officers and employees of the Department;

(4) Exercise functional jurisdiction over the legal staffs of Regional Offices;

(5) Provide legal assistance to the Department Proper, the Bureaus and Regional Offices and, when requested, the attached corporations; and

(6) Perform such other related duties and responsibilities as may be assigned or delegated by the Secretary or as may be required by law.

Section 13. Administrative and Manpower Management Service. - The Administrative and Manpower Management Service provides the Department with services relating to human resources development, personnel, records, facilities maintenance, medical and dental, security and property and procurement services. For such purposes, it shall have the following functions:

(1) Advise the Secretary, on all matters relating to internal administration and human resources management;

(2) Prepare and implement an integrated personnel plan that shall include provisions on merit promotions, performance evaluation, job rotation, suggestions and incentive awards systems and health and welfare services;

(3) Provide services related to human resources training, education, and development, including manpower and career planning and forecasting and development of indigenous training materials;

(4) Develop, establish and maintain an efficient and cost-effective property procurement system and facilities and coordinate or otherwise interface with relevant agencies, whether government or private, for the purpose of developing or upgrading the system;

(5) Secure and maintain necessary Department facilities and develop, establish and maintain an efficient and effective security system covering among others, personnel, physical installations, equipment, documents and materials, including the conduct of security investigations;

(6) Coordinate with the appropriate government agencies for a more efficient conduct of administrative processes;

(7) Develop, establish and maintain an efficient records system;

(8) Provide assistance in its area of specialization to the Department Proper, Bureaus and Regional Offices and, when requested, the government agencies and corporations attached to the Department; and

(9) Perform such other related duties and responsibilities as may be assigned or delegated by the Secretary or as may be required by law.

CHAPTER 4

THE BUREAU

Section 14. Bureau Head. - Each Bureau shall be headed by a Bureau Director who shall be responsible for efficiently and effectively carrying out the functions of the Bureau.

Section 15. Bureau of Research and Standards. - The Bureau of Research and Standards shall develop and set effective standards and reasonable guidelines to ensure the safety of all infrastructure facilities in the country and to assure efficiency and proper quality in the construction of government public works. In pursuit of this task, the Bureau shall engage in research and development in all major areas pertinent to infrastructure development. For such purposes, it shall have the following functions:

(1) Study, on a continuing basis, and formulate and recommend guidelines, standards, criteria, and systems for the survey and design, construction, rehabilitation, maintenance and improvement of all public works and highways;

(2) Conduct or sponsor research on construction materials and formulate and recommend policies, standards and guidelines on materials and quality control;

(3) Undertake or cause to be undertaken specialized technical studies to advance the inhouse technology of the Department and secure the most complete information for project development and implementation purposes;

(4) Formulate technical training programs for Department technical personnel, including the identification of appropriate local and foreign training programs, and recommend the selection of Department personnel for such programs;

(5) Review and study, for the purpose of recognizing new technologies especially those utilizing indigenous resources, current national building and construction standards and procedures and make appropriate recommendations thereon;

(6) Promote, publish and disseminate technical publications;

(7) Provide technical assistance to the Department Proper, other Bureaus, Regional Offices and other agencies on matters within its competence, including technical assistance in the upgrading or updating of the Building Code, and other services;

(8) Cooperate or coordinate with other established research, development, and engineering centers in areas of common or national interests; and

(9) Perform such other duties and responsibilities as may be assigned or delegated by the Secretary or as may be required by law.

Section 16. Bureau of Design. - The Bureau of Design shall ascertain that all government infrastructure project implementation plans and designs are consistent with current standards and guidelines. For this purpose, it shall have the following duties and responsibilities:

(1) Conduct or initiate, supervise and review the results of field surveys for highways, flood control and water resource development systems, and other public works projects, including aerial, hydrologic, hydrographic, topographic, geotechnical and other investigations;

(2) Conduct or initiate, supervise and review the preparation of schemes, designs, specifications, estimates, tender and contract documents covering the architectural, structural, mechanical, electrical and other technical design aspects of highways, flood control and other projects of the Department or of other departments upon request or agreement;

(3) Review and evaluate the designs, specifications, estimates, tender and contract documents covering the architectural, structural, mechanical, electrical and other technical design aspects of public works projects of all agencies in accordance with current standards and guidelines;

(4) Provide technical assistance in the selection of firms or entities that shall undertake actual construction of public works projects via participation in the technical evaluation aspect of the bidding/award process; and

(5) Perform such other related duties and responsibilities as may be assigned or delegated by the Secretary of as may be required by law.

Section 17. Bureau of Construction. - The Bureau of Construction shall provide technical services on construction works for infrastructure projects and facilities. For this purpose, it shall have the following duties and responsibilities:

(1) Formulate policies relating to construction management and contract administration;

(2) Review and evaluate construction programs, estimates, tender and contract documents;

(3) Inspect, check and monitor construction and works supervision activities of field implementing offices for the purpose of ensuring that such activities are being conducted in accordance with the current standards and guidelines of the Department;

(4) Provide specialist support to implementing field offices on construction management and contract administration; and

(5) Perform such other related duties and responsibilities as may be assigned or delegated by the Secretary or as may be required by law.

Section 18. Bureau of Maintenance. - The Bureau of Maintenance provides technical services on the maintenance and repair of infrastructure projects and facilities. For this purpose, it shall have the following duties and responsibilities:

(1) Formulate policies relating to the maintenance of infrastructure projects and facilities;

(2) Review and evaluate maintenance programs, estimates and tender and contract documents;

(3) Inspect, check, and monitor maintenance activities of implementing field offices for the purpose of ensuring that such activities are being conducted in accordance with the current standards and policies of the Department;

(4) Provide specialist support to implementing field offices on the maintenance of infrastructure projects and facilities;

(5) Perform such other related duties and responsibilities as may be assigned or delegated by the Secretary or as may be required by law.

Section 19. Bureau of Equipment. - The Bureau of Equipment provides technical services on the management of construction and maintenance equipment and ancillary facilities. For this purpose it shall have the following duties and responsibilities:

(1) Formulate policies relating to the management of infrastructure equipment and ancillary facilities;

(2) Review and evaluate programs, estimates, tender and contract documents for equipment;

(3) Inspect, check and monitor the management of equipment by regional equipment services and area shops for the purpose of ensuring that such activities are being conducted in accordance with the current standards and policies of the Department;

(4) Provide specialist support to implementing field offices on equipment management; and

(5) Perform such other related duties and responsibilities as may be assigned or delegated by the Secretary or as may be required by law.

CHAPTER 5

REGIONAL OFFICES

Section 20. Regional Offices. - Regional Offices shall be responsible for highways, flood control and water resource development systems, and other public works within the region, except those defined in Section 3, par. (4) hereof. For this purpose, their duties and responsibilities shall be as follows:

(1) Undertake and evaluate the planning, design, construction and works supervision functions of the Department for the above mentioned infrastructure within the region;

(2) Undertake the maintenance of the above mentioned infrastructure within the region and supervise the maintenance of such local road and other infrastructure receiving national government financial assistance as the Secretary may determine;

(3) Ensure the implementation of laws, policies, programs, rules and regulations regarding the above mentioned infrastructure as well as all public and private physical structures;

(4) Provide technical assistance related to their functions to other agencies within the region, especially the local government;

(5) Coordinate with other departments, agencies, institutions and organizations, especially local government units within the region in the planning and implementation of infrastructure projects;

(6) Conduct continuing consultations with the local communities, take appropriate measures to make the services of the Department responsive to the needs of the general public, compile and submit such information to the central office, and recommend such appropriate actions as may be necessary; and

(7) Perform such other related duties and responsibilities as may be assigned or delegated by the Secretary or as may be required by law.

The Department shall retain and have such Project Management Offices as may be required which shall be under the supervision and control of the appropriate Regional Director, unless otherwise determined by the Secretary for reasons of supra-regional scope, magnitude, and multi-functional coverage.

Section 21. Regional Director. - The Regional Office shall be headed by a Regional Director who shall be responsible for efficiently and effectively carrying out the duties and responsibilities of the Regional Office. Towards this end, and in line with the policy of decentralization, he shall, within his defined powers, exercise functional and administrative supervision over District Offices within the region including the authority to commit their resources and personnel to integrated province or city-wide development thrusts.

He shall also perform such other related duties and responsibilities as may be assigned or delegated by the Secretary or as may be required by law.

The Regional Director shall be assisted by two (2) Assistant Regional Directors who shall exercise supervision, respectively over: (1) the construction, maintenance and works supervision functions in the region; and (2) the planning, project design, evaluation and technical assistance functions of the Regional Office.

Section 22. District Office. - There shall be a District Office in each of the provinces and cities throughout the country to be headed by a District Engineer appointed by the Secretary. A province or city may, however, be divided into two (2) or more engineering districts, upon determination and issuance of an administrative order by the Secretary. The District Office shall be responsible for all highways, flood control and water resource development systems, and other public works within the district, except those defined under Section 3, par. (4) hereof. For this purpose, it shall have the following duties and responsibilities:

(1) Undertake and evaluate the planning, design, construction, and works supervision functions of the Department for the above mentioned infrastructure in the district;

(2) Undertake the maintenance of the abovementioned infrastructure within the district and supervise the maintenance of such local roads and other infrastructure receiving national government financial assistance as the Secretary may determine;

(3) Coordinate with other departments, agencies, institutions, and organizations, especially local government units within the district in the planning and implementation of infrastructure projects;

(4) Provide technical assistance to other agencies at the local level on public works planning, design, construction, maintenance and other engineering matters including securing from the Regional Office or, through the same office, assistance from the Department Proper or Bureaus;

(5) Conduct continuing consultations with the local communities, take appropriate measures to make the services of the Department responsive to the needs of the general public, compile and submit such information to the Regional Office and recommend such appropriate actions as may be necessary; and

(6) Perform such other related duties and responsibilities as may be assigned or delegated by the Secretary or as may be required by law.

Section 23. District Engineer. - The District Engineer of or within a province or city shall be accountable for the efficient and effective conduct of the duties and responsibilities of the District Office of which he is the head. Within his defined powers, he shall exercise functional and administrative supervision over district operations including the authority to recommend that field resources and personnel be committed to integrated district-wide development thrusts. He shall also perform such other related duties and responsibilities as may be assigned or delegated by the Secretary or as may be required by law.

Section 24. Equipment Services. - The Regional Equipment Services, including regional depots and area shops are hereby reorganized to undertake the management, repair, maintenance and rehabilitation of construction and maintenance equipment. Each depot or shop shall be operated, to the extent practicable, as a profit center. The Regional Equipment Services shall be under the administrative supervision of the Regional Director and technical supervision of the Bureau of Equipment.

CHAPTER 6

ATTACHED AGENCIES

Section 25. Attached Agencies and Corporations. - Agencies and corporations attached to the Department shall continue to operate and function in accordance with their respective charters/laws/executive orders creating them. Accordingly, the Metropolitan Waterworks and Sewerage System, the Local Water Utilities Administration, the National Irrigation Administration, and the National Water Resources Council, among others, shall continue to be attached to the Department; while the Metropolitan Manila Flood Control and Drainage Council, as reorganized, shall be attached to the Department.