THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
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Introduced by Senator S. R. Osmefia Ill 
EXPLANATORY NOTE 
In their effort to maintain and further improve their services, public utility 
companies, i.e. power, water, telephone, are periodically doing construction 
and/or repair maintenance jobs. Oftentimes, these maintenance jobs require 
digging of the road, pathway, street or passageway. 
Unfortunately, these activities have caused the public inconvenience like 
traffic jams and even accidents that causes injuries. 
To avoid similar problems in the future, this measure is hereby proposed 
to require the public utility Companies or corporations to reconstruct the roads, 
streets, passage ways or pathways that they dug within forty-eight (48) 
hours 
after completion of their job. To ensure their compliance, the barangay captain 
or the barangay secretary must issue a repair work completion. This measure 
also gives authority to any bona fide resident who is greatly affected by the 
inconvenience. In addition, this measure has deemed it necessary to include 
penalties against those liable. It will also impose stiff penalties against barangay 
officials who issues false certificate of work completion. 
The passage of this bill is hereby sought. 
SERGIO OSMENA I l l  
Senator 
lsher 


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THIRTEENTH CONGRESS OF THE PHILIPPINES ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
B E  
S. No. 
Introduced by Senator S. R. Osmeiia Ill 
AN ACT 
TO REGULATE DIGGINGS AND EXCAVATIONS ON ROADS AND STREETS 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
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SECTION I. 
This Act hall govern diggings and excavations on any road, 
2 street, passage way, pathway, ands similar places. It shall also apply to all 
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public utility agencies, companies or corporation, both public and private, that 
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supply water, light, power, gas, telephone and other services to the public. 
SEC. 2. For the purpose of this Act, the following terms shall mean: 
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A.) Digging - refers to break-up or turning over of the ground or any 
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surface on roads and streets. 
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B.) Excavation - refers to making a hole or hollow 3 n  roads and 
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streets. 
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SEC. 3. Requirement. -- There shall be a permit to dig or excavate for all 
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digging and excavations on any road, street, passage way, pathway, and similar 
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places in cities or urban centers to be issued by the Department Of Public 
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Works and Highways. 
Before a permit to dig or excavate is issued, the 
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requesting utility agency or company shall be required among others to submit 
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the plan together with the timetable/ schedule of the digging or excavation 
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project which shall include the period for completion of restoration work 
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approved by the DPWH. A clearance from the local traffic authority, payment of 


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the required permit fee including the surety bond equal to the cost of restoring 
the road, street, passage way, and similar places to their original condition. 
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, digging and excavation works on busy main roads and streets 
shall be undertaken as much as practicable during nighttime 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/ 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 01 company which 
was issued a permit to dig or excavate shall undertake the restoration works on 
any roads, streets, 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. 


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SEC. 7. Implementing Rules. -- The Department of Public Works and 
Highways 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 amd excavation works. 
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 that fifty 
thousand pesos (Php 50,000) 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 willfully 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. I O .  Repealing Clause. -- Any provision of law, decree, order or rules 
and regulations as or inconsistent with the provisions of this Act are hereby 
deemed repealed or modified accordingly. 
SEC. 11. Effectivity. -- This Act shall take effect fifteen (1 5) days after its 
publication in two (2) newspaper of general circulation. 
Approved,