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WHEREAS, numerous diggings/excavations are left unattended and/or haphazardly filled up by contractors thus leaving unsightly ruts, potholes and lumps in major thoroughfares/streets of Metro Manila which pose continuing threat to the safety of both motorists and pedestrians and contribute to and/or aggravate traffic congestions;

WHEREAS, the present administrative fees, charges, restoration and maintenance deposits, fines and penalties on road diggings/excavations and restoration in Metropolitan Manila provided for under MMDA Ordinance No. 2, Series of 1991, are no longer sufficient to answer the cost of the unattended blight which is causing the government untold losses in terms of deterioration of streets/thoroughfares;

WHEREAS, in order to protect and ensure public safety and interest, it has become imperative to adopt a revised schedule of administrative fees, charges, restoration and maintenance deposits, fines and penalties on road diggings/excavations and restorations in Metropolitan Manila;

WHEREAS, the revised schedule of administrative fees, charges, restoration and maintenance deposits, fines and penalties is in accordance with Executive Order No. 197, s. of 2000, directing all departments, bureaus, commissions, agencies, offices and instrumentalities of the national government, including government-owned or controlled corporations, to increase their rates of fees and charges by not less than twenty percent (20%);

NOW, THEREFORE, be it resolved as it is hereby resolved, pursuant to Sec. 6, of RA 7924, the Council hereby adopts the following revised schedule of administrative fees, charges, restoration and maintenance deposits, fines and penalties on road diggings/ excavations and restorations in Metropolitan Manila;

RESOLVED, FURTHER, that Sections 1 and 5 of Ordinance No. 2 amended by MMDA Regulation No. 98-009, shall now read as follows:

SECTION 1. "Section 1. Excavation Defined

Excavation shall be defined as any diggings or unearthing in the streets/ thoroughfares/including passageways and sidewalks within the city/municipality for the installation, repair or improvement of water pipes, gas pipes, telephone or telegraph or telegraph wires or cable conduit, server and drainage systems and/or pipes, telephone construction/improvements, communication and powerlines undertaken by the government/public/private utility companies.

"Section 5. Payment of Fees and Charges

The following fees and charges shall be collected from all applicants whether private or government agencies except those specifically exempted by law, who shall make or cause to be made any excavation or diggings on any streets and thoroughfares, including passageways and sidewalks within the city/municipality:

1. Processing Fee

a)    For poles and house connections - P375.00
b)    For all other excavations - P625.00

2. Excavation Permit Fee

 

2.1	Underground Utility Lines
	a) Fora maximum width of trench of 0.50 m.
	a.1) First 50 linear meter length of excavation and below - P625.00
	a.2) Over 50 linear meter length of excavation - P18.75/l.m
	b) Excess over 0.50 meter width of trench - P18.75/sq.m.
2.2	For foundation of structures -P20.25/sq.m.
2.3	For road concreting/blocking and asphalt pavement - P6.25/sq.m.
2.4	For installation of wooded/concrete utility poles - P125.00/pole

3. Restoration Deposit

The restoration deposit shall be based on the following schedules:

 

a.	Concrete Pavement		Per square m. or fraction thereof
a.1)	9" thickness	-	P1,187.50
a.2)	8" thickness	-	P1.078.75
a.3)	7" thickness	-	P 980.00
a.4)	6" thickness	-	P 890.00
a.5)	4" thickness	-	P 735.00
	Concrete Sidewalk	-	P 735.00
	Macadam Pavement	-	P 500.00
b.	Asphalt Pavement	-	P650.00
	b. 1)2" thickness	-
	c. Curb and Gutter	-	P500.00

3.1  Restoration works and other consequential responsibilities or obligations over diggings/excavations after the completion of the underground works shall be done by the implementing agency (IA).

3.2  The utility company/IA shall post a cash deposit for restoration cost based on the schedule of restoration rates and/or performance bond to the. LGUs/DPWH-NCR/TEC-MMDA. The said cash deposit shall be refundable. For restoration works to be undertaken by contract, the lA/contractor shall post a guaranty bond equivalent to the computed restoration cost.

3.2.1  The utility company/IA/Contractor shall undertake repair works in case of failure of restoration within one (1) year from date of acceptance.

3.3  For individual connections, a cash payment for restoration works shall be made to LGUs/DPWH-NCR.

4.  Maintenance Deposit

The utility company/IA shall maintain for a period of one (1) year from date of acceptance the restored excavated portion of the road right-of-way. It shall  deposit to the LGU/TEC-MMDA the equivalent amount based on the following schedule of rates which shall be utilized by the concerned agency in case of failure of the utility company/IA/contractor to repair the damaged portion of the road right-of-way. This maintenance deposit shall be refunded within one (1) month after the expiration of one (1) year period.

 

a.	Concrete Pavement		Per square m. or fraction thereof
a.1)	9" thickness	-	P297.50
a.2)	8" thickness	-	P270.00
a.3)	7" thickness	-	P245.00
a.4)	6" thickness	-	P222.50
a.5)	4" thickness	-	P183.75
b.	Asphalt Pavement	-	P162.50
c.	Macadam	-	P62.50
d.	Curb and Gutter	-	P125.00

SECTION 2. Paragraphs B and C, Section 12 of MMA Ordinance No, 2, Series of 91, as amended by MMDA Regulation No. 98-009, shall now be read as follows:

Sec. 12 Administrative Fines

B. Determination of amount of fines

In the determination of the amount of fines to be imposed for violation under the preceding section, the LGUs/TEC-MMDA/DPWH shall take into consider­ation the following:

1.  Light Violation

a.  Failure to post Excavation Permit in conspicuous place 

2.  Less Grave Violation

a.  Non-compliance with the work stoppage order
b.  Excavating without Excavation Permit
c.  Failure to restore the excavated portion of the street according to each approved work schedule (PERT/CPM or bar chart).

3.  Grave Violation

a.  Failure to install road/highway safety construction devices.
b.  Failure to install road signs and billboards.
c.  Failure to restore the excavated portion of the road right-of-way to its original conditions.
d.  Non-compliance with work stoppage order for excavating without an Excavation Permit.

C. Schedule of Fines

 

Fine in Pesos (P)	Light Violation	Less Grave Violation	Grave Violation
Minimum	P1.250.00	P6,250.00	P12.500.00
Medium	P2,500.00	P8.875.00	P18,750.00
Maximu	P3.750.00	P12.500.00	P25.000.00

The above fines shall be imposed as follows:

1. Minimum Fine — for failure to comply with the terms of the first notice.
2. Medium Fine — for failure to comply with the terms of the second notice.
3. Maximum Fine — for failure to comply with the terms of the third and final notice.

SECTION 3.  Section 18 of MMA Ordinance No. 2, as amended by MMDA Regulation No. 98-009, shall now be read as follows:

"Section 18. Penalties

Any person violating any provision of this Ordinance or its implementing guidelines shall, upon  conviction, be punished by a fine of not less than ONE THOUSAND TWO HUNDRED FIFTY PESOS (P1,250 00) nor more than TWENTY FIVE THOUSAND PESOS (P25,000.00) or imprisonment of not less than thirty (30) days nor more than six (6) months or both fine and imprisonment in the discretion of the court. In case of a corporation, partnership[ or association, the president, manager or the person-in-charge of the project shall be liable therefore."

SECTION 4. Repealing Clause. — All rules and regulations or portions thereof which are contrary to or inconsistent with this Regulation are hereby repealed or modified ac­cordingly.

SECTION 5. Separability Clause. — If any part, section or provision of this Regulation is declared invalid or unconstitutional, the part, section or provision not affected thereby shall continue to be enforced and effect.

SECTION 6. Effectivity Clause. — This Regulation shall take effect after fifteen (15) days following its publication in at least two (2) newspapers of general circulation.

Adopted: 23 February 2011

 

(SGD.) ATTY. FRANCIS N.TOLENTINO
Chairman
(SGD.) HON. BENJAMIN C. ABALOS, JR.	(SGD.) HON. VERGEL A. AGUILAR
Mayor, City of Mandaluyong	Mayor, City of Las Piñas
(SGD.) HON. HERBERT M. BAUTISTA	(SGD.) HON. FLORENCIO M. BERNABE, JR.
Mayor, Quezon City	Mayor, City of Parañaque
(SGD.) HON. ANTONINO G. CALIXTO	(SGD.) HON. MA. LAARNI L. CAYETANO
Mayor, City of Pasay	Mayor, City of Taguig
(SGD.) HON. ENRICO R. ECHIVERRI	(SGD.) HON. GUIA G. GOMEZ
Mayor, City of Caloocan	Mayor, City of San Juan
(SGD.) HON. DEL R. DE GUZMAN	(SGD.) HON. SHERWIN T. GATCHALIAN
Mayor, City of Marikina	Mayor, City of Valenzuela
(SGD.) HON. ALFREDO S. LIM	(SGD.) HON. JAIME C. MEDINA
Mayor, City of Manila	Mayor, Municipality of Pateros
(SGD.) HON. CANUTO S. ORETA	(SGD.) HON. ALDRIN L SAN PEDRO
Mayor, City of Malabon	Mayor, City of Muntinlupa
(SGD.) HON. JOHN REYNALD M. TIANGCO
Mayor, City of Navotas