EXECUTIVE ORDER No. 427 May 16, 2005

MANDATING THE TURN OVER OF CERTAIN NATIONAL ROADS WITHIN THE CITY OF MANDAUE FROM THE NATIONAL GOVERNMENT TO THE CITY GOVERNMENT OF MANDAUE FOR PURPOSES OF REPAIR, MAINTENANCE AND MANAGEMENT

WHEREAS, the Department of Public Works and Highways (DPWH) is the government agency tasked with the duty and responsibility to carry out and implement the national infrastructure program of the government on roads, bridges and other infrastructure facilities including those infrastructure facilities located within the territorial jurisdiction of Local Government Units (LGUs);

WHEREAS, LGUs have been effective partners of the national government in the socio-economic development of the country;

WHEREAS, in support of the national government’s austerity policy, the City of Mandaue, in consonance with its desire to improve and beautify the existing national infrastructure facilities within its territorial jurisdiction, is willing to utilize its own resources to augment the limited allocation of the national government for the maintenance, repair and management of said facilities; however, the City of Mandaue is hindered by legal technicalities that might arise considering that the same are owned by the national government;

WHEREAS, Section 93 of R.A. 5519, otherwise known as the Carter of the City of Mandaue, provides that "(a)ll existing municipal, provincial and national roads, streets, bridges, docks, piers, wharves, machineries, equipment, and other public works improvements shall be owned by the City of Mandaue."

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

Section 1. Turn Over of Infrastructure Facilities. – DPWH is directed to turn over to the City of Mandaue the undertaking to repair, maintain and manage the following government-owned and DPWH-administered infrastructure facilities situated in the City of Mandaue:

1. United Nations Avenue, Sta. 8+291 – Sta. 10+639, net length of 2.348

2. AC Cortes Avenue, Sta. 7+196 – Sta. 9+507, net length of 2.311 km

3. Marcelo Fernan Bridge Access Roads to and from the Mini park (Mandaue Side) Sta. 10+119 – Sta. 10+955 including the Mini park.

Section 2. Deed of Conveyance. – The Secretary of the Department of Public Works and Highways is hereby directed to execute the necessary deed of conveyance for the transfer of the roads mentioned in Section 1 hereof in favor of Mandaue City.

Section 3. Lighting Facilities. - The lighting facilities of Subangdaku and Maguikay Flyovers including their appurtenances shall be turned over to the City of Mandaue for maintenance and operations at its own cost.

Section 4. Memorandum of Agreement. – The Memorandum of Agreement for the effective implementation of this Executive Order shall be jointly prepared and approved by the Department of Public Works and Highways and the City of Mandaue.

Section 5. Effectivity. – This Executive Order shall take effect immediately.

Done in the City of Manila, this 16th day of May, in the year of Our Lord, Two Thousand and Five.

(Sgd.) GLORIA MACAPAGAL-ARROYO

By the President:

(Sgd.) EDUARDO R. ERMITA

Executive Secretary