CLO told to start drafting contractor’s undertaking

CEBU, Philippines — The Cebu City Council approved a resolution asking the Cebu City Legal Office (CLO) to draft the necessary legal instruments requiring contractors of the Department of Public Works and Highways (DPWH) to sign an Undertaking of Commitment, which will ensure their accountability.

An Undertaking of Commitment compels the signatory to abide by and comply with the terms and conditions of the contracted project lest they will be held liable for non-compliance.

For weeks, following public clamor against anomalous flood control projects, Cebu City raised its concerns on the projects being implemented within its jurisdiction.

Cebu City Mayor Nestor Archival spearheaded various inspections of these projects, assessed their integrity, and called out the DPWH over delays in the completion not only of flood control initiatives but also of other infrastructure projects.

Since then, Archival has announced that, for future DPWH flood control projects in Cebu City, he is firm on holding contractors liable for damages and delays. This will begin with requiring them to submit an Undertaking of Commitment.

Failure to submit this undertaking will result in the city’s withholding of the permit to proceed.

Archival said this measure is necessary as the Cebu City Government currently has no direct control over DPWH contractors, and can only lament over the delays, as the contractors report directly to the DPWH.

Among Archival’s proposals is the imposition of a five percent penalty based on ten percent of the overall project cost. To avoid legal technicalities, he emphasized that the commitment must come directly from the contractors and be formalized through the Undertaking of Commitment.

The Undertaking of Commitment will ensure contractor’s accountability for damages and delays, and enforce strict compliance with safety and implementation guidelines.

The move also stemmed from a resolution filed by Councilor Michelle Cellona, who noted that the City of Cebu continues to suffer from recurrent flooding—causing property damage, mobility disruptions, and posing risks to public health and safety.

She cited that the DPWH has programmed at least 21 flood control projects in Cebu City for 2025, several of which have experienced delays, incomplete implementation, or abandonment—much to the detriment of the public.

Cellona reiterated that the City Government’s lack of authority over DPWH contractors leaves the city vulnerable to project delays, safety hazards, and substandard practices.

She also emphasized that the measure aims to safeguard the interests of Cebu City residents. As the Mayor has proposed requiring all DPWH contractors to execute an Undertaking of Commitment, which will include a pledge of accountability for damages, delays, and non-compliance with agreed project timelines—including the imposition of liquidated damages.

This commitment also obligates contractors to comply with additional measures such as deploying their own traffic enforcers to manage congestion, installing adequate warning devices, posting project information, assigning cleanup personnel for construction debris, and observing safety standards to minimize public inconvenience and hazards.

It was reported that Archival subsequently spearheaded a meeting with various DPWH city contractors where he poured his frustration over the mounting number of public complaints regarding delayed infrastructure projects in the city, many of which remain incomplete.

In line with this, the DPWH–Cebu City District Engineering Office, under District Engineer Manolo Madronio Jr., released the list of flood control projects, under a timeline from 2022 to 2025.

In summary, Cebu City accumulated a total of 104 flood control projects under the DPWH from 2022 to 2025, at a cost amounting to P3.8 billion. Of this number, 70 were completed, 22 still ongoing, four were suspended, and eight have yet to start.