Delegating to the Regional Directors the Approval/Signing of Documents Pertaining to Infrastructure Right-of-Way (ROW) in the Implementation of National Projects Including the Approval for Payments of Claims and Signing of Checks

February 22, 2017

DPWH DEPARTMENT ORDER NO. 019-17

 

In line with the continuing efforts of the Department of Public Works and Highways (DPWH) to streamline its operations, and in the interest of efficient and expedient public service, the functions of the Secretary to approve/sign documents pertaining to acquisition of right-of-way (ROW) involving land and other structures affected in the implementation of its infrastructure projects, and the approval for payments of claims and signing of checks, regardless of the amount involved, are hereby delegated to the Regional Directors concerned; Provided, that nothing herein contained shall be construed to affect, diminish, or impair the general supervisory authority of the Secretary, motu proprio or upon appeal by any citizen, to determine compliance of the approval or denial of payment with legal and regulatory requirements. HTcADC

This delegation is made along with the strict directive that the processing and approval of ROW claims will be done after all the required papers and documents in support of the infrastructure ROW are screened and verified as to the authenticity of both the documents and the person-claimant(s) in order to prevent fraudulent and excessive claims, pursuant to the provisions of the Republic Act 10752, "An Act Facilitating the Acquisition of Right-of-Way Site of Location for National Government Infrastructure Projects" issued on March 7, 2016 and other applicable laws.

Corollary to this, the funds for the payment of infrastructure ROW claims will be downloaded to the regional offices concerned, and disbursement of such funds shall be done according to existing government accounting and auditing guidelines and procedures; Provided, however, that the Secretary may refer any infrastructure ROW claim(s) to the Commission on Audit or any one of its auditors in order to adopt such measures, including temporary or special pre-audit, as are necessary and appropriate to correct deficiencies and/or to address issues.

All Regional Directors shall submit to the Secretary quarterly reports on all ROW transactions in their respective offices, which shall include, but not be limited to, explanations on budget use, accounting, and financial summaries. Such reports shall be certified by the Regional Director concerned as true and correct based on personal knowledge and/or authentic records.

All Regional Directors must submit to the Secretary the original Transfer Certificate/s of Title (TCT/s) and/or any other documents that serve as proof of ownership of the land and/or structures that are subject of their ROW transactions, within five (5) calendar days after such TCT/s and/or document/s are obtained.

The authority delegated to Regional Directors under this Department Order shall cover existing ROW claims which are still being processed, and/or have not yet been paid.

This Department Order partly amends Department Order No. 24, Series of 2007, as amended, in so far as the Land Acquisition and Infrastructure Right-of-Way level of authority is concerned, and all other issuances which are inconsistent with this Department Order.

This Order shall take effect immediately.

(SGD.) MARK A. VILLAR

Secretary