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FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. 942 
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Introduced by Senator Manuel "Lito" M. Lapid 
EXPLANATORY NOTE 
The public in general experience the deplorable conduct of public 
utility agencies, companies or corporations, both public and private, that 
supply water, light, power, gas, telephone and other services of leaving the 
road, str,eet, passage way or pathway where an installation, maintenance 
or repair work was done in a very deplorable and dangerous condition. 
The poor residence of the areas suffer inconvenience of using the road, 
street' or passage way, traffic congestions resulted, and their health 
affected. 
This bill seeks to relieve the suffering public by requiring the utility 
agency, company or corporation to repair or reconstruct the place within 
forty-eight (48) hours from completion of the work. To ensure compliance 
thereof, the Act requires the barangay captain or the barangay secretary to 
issue a repair work completion. The Act grants authority to any bona-fide 
resident of the barangay to institute the necessary criminal prosecution 
against those liable. 
Additionally, the imposition of the penalty of disqualification to hold 
public office, aside from imprisonment and fine, imposed upon government 
officers in the case of government utility agency, company or corporation 
would be more than sufficient to move them to strictly follow the mandate 
of the law. Furthermore, the Act specifically makes the barangay official 
criminally liable of falsification of public document in case of issuance of a 
false certificate of work completion. 
Hence, the immediate passage is earnestly requested. 
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M~O" 
M. LAPID 
Senator 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
·OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. 942 
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Introduced by Senator Manuel "Lito" M. Lapid 
AN ACT 
TO REGULATE THE WANTON DIGGINGS AND EXCAVATIONS ON 
NATIONAL ARTERIALROADS, NATIONAL SECONDARY ROADS 
AND LOCAL ROADS AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. 
This Act shall govern diggings and excavations on 
any road, street, passage way, pathway, and similar places. It shall also apply to 
all public utility agencies, companies or corporation, both public and private, that 
supply water, light, power, gas, telephone and other services to the public. 
SEC. 2. 
Definition of Terms. - For the purpose of this Act, the 
following terms shall mean: 
a. 
Digging - refers to break-up or turning over of the ground or any 
surface on roads and streets. 
b. 
Excavation -. refers to making a hole or hallow on roads and 
streets. 
SEC. 3. 
Requirement. - There shall be a permit to dig or excavate 
for all digging and excavations on any road, street, passage way, pathway, and 
similar places in cities or urban centers to be issued by the department of Public 
Works and Highways. 
Before a permit to dig or excavate 
be issued the 
requesting utility agency or company shall be required among others to submit 
the plan together with the timetable I schedule of the digging or excavation 
project which shall include the period for completion of restoration work approved 
by the DPWH. 
A clearance from the local traffic authority, payment of the 
required permit fee including the surety bond equal to the cost of restoring the 
road, street, passage way, and similar placer to their original condition. 
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SEC. 4. 
Emergency Repair Work. -
For unprogrammed diggings 
involving emergency works for the repairs of leaking pipes, malfunctioning 
connections, and similar emergency works on damaged facilities, excavation or 
diggings may be commenced by utility agency or company without the permit first 
issued as required by Section 3 thereof: Provided, however, That notice is served 
to the DPWH or the local engineers' office within the next working day after the 
work commenced. 
SEC. 5. 
Diggings on Main Roads and Busy Streets. -
In highly 
urbanized cities, diggings and excavation works on busy main roads and streets 
shall be 'Undertaken as much as practicable during night time up to dawn and 
during Sundays and holidays in order to minimize traffic problems. 
Proper 
identification of the agencies undertaking the repair should be indicated in the 
signboard. Excess materials and debris as a result of the digging I excavation 
site, proper barricades, signboards and other warning devices should be installed 
in the excavation site. Proper housekeeping shall also be observed within the 
site. 
SEC. 6. 
Restoration Works. - The utility agency or company which 
was issued a permit to dig or excavate shall undertake the restoration works on 
any roads, street, passageway, pathway and similar places where digging or 
excavation project have been completed within the schedule provided for under 
Section 3 of this Act. Failure to complete the restoration work as scheduled shall 
render the utility agency and the contractor for such project jointly and severally 
liable to any person who may suffer injury as a result of such unrestored digging 
or excavation. The provincial or district engineer of the area in close coordination 
with local government officials shall be given the authority to issue the certificate 
of work or completion of certain excavation or diggings. 
SEC. 7. 
Implementing Rules and Regulations (IRR). -
The 
Department of Public Works and Highways (DPWH) shall, within ninety (90) days 
from the date of effectivity of this Act, promulgate the implementing rules, 
regulations and guidelines which shall include a system to effectively and 
efficiently coordinates plan of government service agencies and utility companies 
involving digging and excavation works. 
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SEC. 8. 
Prohibited Acts. -
1.) 
It shall be unlawful for any person, utility company or agency to 
leave or abandon any unfinished digging or excavation on any road, street, 
passageway, pathway and similar places. 
2.) 
It shall likewise be unlawful to dig or excavate without proper 
permit. 
SEC. 9. 
Penalties. - Any person or official of any utility agency or 
company who have direct supervision in the digging or excavation work violating 
any provisions of this Act shall suffer the penalty of a fine of not less than Fifty 
Thousand Pesos (Php 50,000.00) and/or imprisonment of not less than two (2) 
years or both at the discretion of the court: Provided, That should the offender be 
a government employee or public official who shall Vl(illfully violate any provisions 
of this Act shall suffer perpetual disqualification to hold any public office in 
addition to the same penalties as provided herein: Provided, further, That if the 
offender is a private contractor who shall willfully cause the violations of this Act, 
each shall suffer the same penalties provided herein in addition to the 
cancellation and/or suspension of his license as a private contractor. 
SEC. 10. 
Repealing C/ause.- Any provisions of law, decree, order or 
rules and regulations as or inconsistent with the provisions of this Act are hereby 
deemed ~epealed or modified accordingly. 
·SEC. 11. 
Separability Clause. - If any provision or part of this Act, or 
the application thereof to any person or circumstance, is held unconstitutional or 
invalid, the remainder of this Act sha!! not be affected thereby. 
SEC. 12. 
Effectivity Clause. - This Act shall take effect fifteen (15) 
days after its publication in two (2) newspaper of general circulation. 
Approved. 
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