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Philippine Highway Act of 1953

This document is the Republic Act No. 917 which provides for an effective highway administration and modifies the apportionment of highway funds to provide aid to provinces, cities, and municipalities for road construction. It defines key terms related to highways and transportation. It also outlines how revenue from motor fuels will be deposited into a Highway Special Fund to be apportioned according to the provisions of this Act.

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0% found this document useful (0 votes)
789 views12 pages

Philippine Highway Act of 1953

This document is the Republic Act No. 917 which provides for an effective highway administration and modifies the apportionment of highway funds to provide aid to provinces, cities, and municipalities for road construction. It defines key terms related to highways and transportation. It also outlines how revenue from motor fuels will be deposited into a Highway Special Fund to be apportioned according to the provisions of this Act.

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Lizzz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

[REPUBLIC ACT NO.

917] (b) The term “Division of Highways” means the division of the
Bureau of Public Works that has charge of the administration of
AN ACT TO PROVIDE FOR AN EFFECTIVE HIGHWAY highways, and includes any regional provincial or city
ADMINISTRATION, MODIFY APPORTIONMENT OF department, regional engineering division, section, engineering
HIGHWAY FUNDS AND GIVE AID TO THE PROVINCES, district, or office suitably equipped and organized or official
CHARTERED CITIES AND MUNICIPALITIES IN THE having adequate powers to discharge the duties herein required.
CONSTRUCTION OF ROADS AND STREETS, AND FOR
OTHER PURPOSES. (c) The term “maintenance” means the constant making of
needed repairs to preserve a smooth-surfaced highway, and
Be it enacted by the Senate and House of Representatives of operation of existing ferries, but shall not be held to include
the Philippines in Congress assembled: extraordinary repairs nor reconstruction.

ARTICLE I.—Title and Scope of Act (d) The term “construction” means the supervising, inspecting,
actual building, and all expenses, including the costs of right-of-
SECTION 1. Short title.—This Act may be cited as the way, incidental to construction of a highway, except locating,
“Philippine Highway Act of nineteen hundred and fifty-three.” surveying and mapping.

SEC. 2. Scope of Act.—The provisions of this Act shall control (e) The term “reconstruction” means a widening or a rebuilding
the disposition of all funds accruing to the Highway Special of a highway or any portion thereof to make it a continuous road
Fund; the disposition of general funds when so provided by law; of sufficient width and strength to care adequately for traffic
the manner of apportionment and conditions under which such needs.
apportionment shall be released; the selection and designation
of highways or highway projects to receive national aid; the (f) The term “improvement” means any repair of a highway or
administration, maintenance, improvement, reconstruction and any portion thereof that results in its betterment by virtue of the
construction expenditures on highway projects; the classification use of materials of a quality superior to those repaired or the
of highways; and the widths, acquisition and use of rights-of- employment of more skillful workmanship involving expenditure
way. of money in excess of the normal cost of ordinary reconditioning
or replacement.
ARTICLE II.—Definitions
(g) The term “local funds” include funds raised under the
SEC. 3. Words and phrases defined.—When used in this Act authority of a province, chartered city, or municipality; allotments
and in subsequent Acts having reference thereto, unless the or internal revenue accruing by law to their general funds and
context indicates otherwise: the “road bridge” funds; and other revenues accruing to their
general funds and made available by resolution of the Board or
(a) The term “highway” includes rights-of-way, bridges, ferries, Council concerned for expenditure under the control of the
drainage structures, signs, guard rails, and protective structures Division of Highways, but does not include apportionments or
in connection with highways. allotments from the Highway Special Fund.
(h) The term “primary roads” means roads which form parts of shall be deposited in a special trust account in the National
the main trunk-line system continuous in extent; roads which are Treasury to constitute the Highway Special Fund, which shall be
now declared national roads except those not forming parts of apportioned and expended in accordance with the provisions of
the continuous system, such as roads leading to national the Philippine Highway Act of nineteen hundred and fifty-three.
airports, seaports and parks, etc., or coast-to-coast roads not
forming continuous part of the trunk-line system. SEC. 5. Amendment to Act Numbered Three thousand nine
hundred and ninety-two.—Section seventy-three of Act
(i) The term “secondary roads” shall include all access roads, Numbered Three thousand nine hundred and ninety-two, as
national, provincial and city roads and streets forming the amended by section two of Republic Act Numbered Three
secondary trunk-line system not classified as “primary roads,” hundred and fourteen, is amended to read:
but shall exclude “feeder roads.”
“SEC. 73. Disposal of moneys collected.—Moneys collected
(j) The term “vehicle-kilometer” means the unit measure of road under the provisions of this Act shall be deposited in a special
use expressed by the product of the actual number of motor trust account in the National Treasury to constitute the Highway
vehicles passing thru a given section of a road in a specified unit Special Fund, which shall be apportioned and expended in
of time multiplied by the length of the section in kilometers. accordance with the provisions of the Philippine Highway Act of
“Vehicle-kilometerage” is the sum total of the vehicle-kilometers nineteen hundred and fifty-three.
computed for a given highway system, and for the purpose of
this Act shall be the sum of all the products of the inferred SEC. 6. Deductions for administrative expenses, highway
annual average twenty-four hours traffic count multiplied by the equipment, and contingent emergency expenditures.—
respective lengths in kilometers of the control sections where
the traffic counts had been actually and periodically observed. (a) Administrative expenses.—So much as may be required but
not to exceed three per centum of all moneys accruing to the
(k) The “right-of-way” means the land secured and reserved to Highway Special Fund, or such as may hereafter be
the public for highway purposes. appropriated for expenditure under the provisions of this Act,
shall be deducted from the Highway Special Fund and made
ARTICLE III.—Disposition of Highway Revenue available until expended, for administering the provisions of this
Act as the Secretary of Public Works and Communications may
SEC. 4. Amendment to Commonwealth Act Numbered Four deem necessary, including expenditures for sundry expenses,
hundred and sixty-six.—Section three hundred and sixty-one of salaries and wages of the necessary personnel of the Division of
Commonwealth Act Numbered Four hundred and sixty-six, as Highways, in-service training programs, and for carrying on the
amended by section one of Republic Act Numbered Three necessary highway research, fiscal and cost accounting,
hundred and fourteen, is amended to read: statistical and investigational studies independently or in
cooperation with other fiscal and research agencies, and for
“SEC. 361. Disposition of proceeds of taxes on motor fuel.—The publishing results thereof.
proceeds of the tax on motor fuel prescribed in subsections (b),
(c), and (d) of section one hundred and forty-two of this Code
(b) Highway equipment, machineries, etc.—So much as may be After making the deduction authorized by this section, the said
needed but not to exceed two and a half million pesos upon the Secretary shall apportion the remainder of the Highway Special
passage of this Act, and so much as may be required for each Fund among the different provinces, chartered cities and
fiscal year thereafter, but not to exceed one per cent of the municipalities in the manner provided for in the next article.
Highway Special Fund, shall be set aside from the said Fund
and made available and expended for the purchase of highway ARTICLE IV.—Apportionment
equipment, machinery, laboratory and testing material,
equipment, motor vehicles ferries, and all needed and SEC. 7. Maintenance fund to be released separately and
necessary accessories and spare parts, and for the regularly.—Fifty per centum of all apportionable sums in the
establishment and/or maintenance of the necessary repair Highway Special Fund shall be released separately and as
shops, motor pools, storage depots, laboratory, material testing frequently as at least five million pesos are collected and/or
and other highway construction aids and facilities by the Division accumulated in this Fund, but not less oftener than every quarter
of Highways when ever deemed necessary by the Director of irrespective of what amount has been accumulated, for the
Public Works and approved by the Secretary of Public Works maintenance of all existing and unabandoned roads, streets and
and Communications. bridges to be distributed among the several provinces, chartered
cities and municipalities as provided in section nine of this Act. It
(c) Contingent emergency expenditures.—Six per centum of the shall be unlawful for any fiscal officer to withhold, or cause the
Highway Special Fund, shall be set aside and made available withholding of any moneys apportionable under this section
and expended in the discretion of the Secretary of Public Works beyond the quarterly period, except for causes determined
and Communications for the relief of provinces, chartered cities under paragraph (b) of section nine of this act.
and municipalities which have suffered unusually serious loss or
damage or destruction beyond their reasonable capacity to SEC. 8. Fund for improvement, reconstruction and
bear: Provided, That the sums so authorized shall be expended construction.—The other fifty per centum of said apportionable
for restoration, including relocation of roads and bridges balances in the Highway Special Fund shall be apportioned
damaged or destroyed, in such manner as to give the largest among the different provinces, chartered cities, and
measure of permanent relief, under the rules and regulations to municipalities for improvement, paving, reconstruction and
be prescribed by the Secretary of Public Works and wherever practicable for construction of roads, streets, and
Communications. bridges in the manner and under the conditions set forth in
section ten of this Act to be released by the Secretary of Public
(d) Unexpended contingent fund.—In the event, however, that Works and Communications, upon the recommendation of the
the sums corresponding to the contingent emergency, fund Director of Public Works: Provided, That seventy-five per
provided in the preceding paragraph, or part thereof, remain centum of the sums shall be released during any year until the
unexpended after the fiscal year during which it has been set total number of lineal meters of existing temporary timber
aside, the same shall be made available for the investigation, bridges and other non-permanent stream-crossing aids shall
survey, and improvement of roads in the National System at the have been reduced to below twenty-five per cent of the total
discretion of the Secretary of Public Works and Communications number of lineal meters of bridges and other stream-crossing
upon the recommendation of the Director of Public Works. aids inventoried in the Philippines.
SEC. 9. Apportionment of maintenance funds.—(a) Regular share apportioned to each province or city under this section.
share.—The sums set aside for maintenance of all existing and This sum shall be a percentage of the share of the province or
unabandoned roads, streets, and bridges shall be distributed city equal to at least one-half of but not more than the ratio
among the several provinces, chartered cities and municipalities which the combined length of provincial or city roads bears to
as follows: the total combined lengths of national, provincial and city roads
in the province or city as counted in the same manner as
Fifteen per centum to the municipalities to be apportioned in provided in paragraph (a) hereof. The remainder shall be made
proportion to population as provided in section twelve hereof. available for expenditure for maintenance of national roads in
said province or city.
Thirty per centum equally among the provinces and chartered
cities. Within sixty days after the passage of this Act and periodically
as may be required by regulations to be promulgated by the
Forty per centum to the provinces and chartered cities in the Secretary of Public Works and Communications, the provincial
ratio which the combined lengths of all existing unabandoned board or city council concerned shall designate the existing and
roads and streets in each province or city bear to the combined unabandoned provincial or city roads actually serving motor
existing unabandoned roads and streets in the Philippines as vehicular traffic upon which this aid shall be expended and shall
inventoried by the Division of Highways and approved by the cause their respective district or city engineers to prepare a
Secretary of Public Works and Communications during the next maintenance program and estimates thereon. Upon approval of
previous year: Provided, That for the purposes of this section the program and estimates by the Director of Public Works, the
only one-fourth of the lengths of concrete roads and one-half of provincial board or city council concerned shall provide in their
those of high-type bituminous asphalt roads shall be counted in annual road and bridge budget an appropriation equal to one-
proportioning the shares of the different provinces, and half the total estimated maintenance requirement, to be taken
chartered cities. from local fund or road and bridge fund. This appropriation shall
be certified by the provincial or city treasurer concerned and
Fifteen per centum to the provinces and cities in proportion to made available for expenditures by the Division of Highways.
the number of motor vehicles registered in the province or city. Upon receipt by the Director of Public Works of this certificate of
availability of local funds, he shall recommend to the Secretary
Except when otherwise provided in this Act, the Subprovinces of of Public Works and Communications the periodic release of the
Benguet and Siquijor of the Mountain Province and the Province national aid provided in this section which shall be applied to
of Oriental Negros, respectively, and all chartered cities shall and cover the other half of the aforesaid total estimated
each be considered as a province for the purposes of this maintenance requirement.
section.
Nod for maintenance of provincial or city roads shall be released
(b) National aid for maintenance of provincial and city roads, by the Secretary of Public Works and Communications in
streets and bridges.—The national aid to be extended to any excess of the amount equal to that appropriated by the
province or city for the maintenance of provincial or city roads, provincial board or city council and in no case shall this amount
streets and bridges, shall be deducted from the total regular be more than half of the total estimated maintenance
requirement, but when the province or city of the estimated cost Five per centum to be distributed equally among all
of maintenance as provided for in this Act, the entire share of municipalities in the Philippines.
the province or city, or the balance thereof, shall be released on
condition that the Secretary of Finance shall certify as to the (b) Discretionary funds.—After allocating the regular share as
inability of such province or city at the end of the fiscal year. provided in this section, the remainder of the sum set aside in
section eight of this Act shall be used by the Secretary of Public
SEC. 10. Apportionment for improvement, reconstruction and Works and Communications to increase the regular share of any
construction.—(a) Regular share.—The sum set aside in section province or city maintaining temporary timber bridges and other
eight of this Act for improvement, reconstruction, paving, and, non-permanent stream-crossing facilities exceeding in
wherever practicable, for construction of roads, streets and aggregate length one-half of one per centum of the total lineal
bridges shall be distributed as follows: meters of such temporary structures still existing in the
Philippine Highway System as shown by the latest available
Sixty per centum to provinces and chartered cities in proportion inventory of highway facilities: Provided, That the total of such
to the potential area (uncultivated and undeveloped) available discretionary-additional share of any province or city shall not
for agricultural and industrial purposes including commercial exceed thirty per centum of its regular share. The remainder
timber lands as shown by the latest census or data available in shall be used at the discretion of the Secretary of Public Works
the Department of Agriculture and Natural Resources, and and Communications as further aid to any province or city for
populated but isolated areas that are served only by existing the construction, reconstruction and improvement of any road
trails, bullcart-roads and that are unclassified roads, to be integrated into the national system and of any provincial or city
distributed to provinces and cities. road integrated into the “national aid” system.

Twenty per centum to provinces and chartered cities in the ratio (c) The Secretary of Public Works and Communications may
which the vehicle-kilometerage of the province or city bears to use the unexpended contingent fund and the balance of the
the total vehicle-kilometerage recorded in the entire Philippine improvement fund to aid municipalities for the improvement or
Highways System as computed from traffic-flow charts or maps construction of municipal roads provided that such municipalities
of the different provinces and cities based on the annual shall defray one-third of the cost of improvement of construction.
average daily traffic count observed on all classes of national
and on first and second-class provincial and city roads (d) National aid for improvement, reconstruction, paving and
according to the latest available data: Provided, That for the construction of provincial and city roads.—The national aid to be
purposes of this paragraph, two-thirds of the vehicle- extended to any province or city for the improvement,
kilometerage of roads or road sections already paved with reconstruction, paving and, wherever practicable, construction
concrete and other high-type pavements shall be excluded in of provincial or city roads, streets and bridges shall be taken
computing the number of vehicle-kilometers used as basis of from the combined regular and discretionary-additional shares
proportioning under this paragraph. apportioned to each province or city under this section. The
Secretary of Public Works and Communications shall determine
Fifteen per centum to provinces and chartered cities in the amount of such aid to provincial and city roads but shall not
proportion to the amount of property assessments.
transfer any portion of the share of the province or city under That the province or city concerned shall submit to him for his
this section to any project outside such province or city. approval any proposed revisions of the designated highways
above provided, for: Provided, further, That the subsequent
Within sixty days after the passage of this Act, and within thirty modifications or revisions are not made oftener than once every
days after the close of each fiscal year thereafter, the provincial three years and do not affect more than twenty per centum of
board or city council concerned shall select, designate and the total kilometerage already designated at a time. No “national
submit thru the Director of Public Works for approval by the aid” shall be authorized by the Secretary of Public Works and
Secretary of Public Works and Communications a system of Communications under this section unless the provincial board
provincial or city “national aid” highways not to exceed ten per or city council concerned has adequately provided for the
centum of the total highway kilometerage of such province or maintenance of existing and unabandoned roads, streets and
city as shown by the records of the Division of Highways at the bridges as required under section nine paragraph (b) of this Act.
time of the passage of this Act.
The Secretary of Public Works and Communications may
The Director of Public Works shall likewise within sixty days approve projects submitted by the province or city prior to this
after the passage of this Act recommend to the Secretary of selection, designation and approval of the system of “national
Public Works and Communications the primary and secondary aid” highways herein provided for if he may reasonably
national roads that shall form the nucleus of an expanding anticipate that such projects will become a part of such system.
primary and secondary national and “national aid” systems of
roads as planned in a physical program to be prepared by the Wherever provisions have been made by any province or city for
Division of Highways. the adequate maintenance of a system of “national aid”
highways and there still remains a substantial sum for
Upon this system of primary and secondary national and improvement, reconstruction, paving and construction of roads
“national aid” provincial and city highways all the regular and in their locals funds, the provincial board or city council
discretionary-additional shares apportioned to each province or concerned may apply to the Secretary of Public Works and
city under this section shall be expended, until otherwise Communications for additional “national aid” for such roads,
modified as a result of any action taken pursuant to article VIII of streets or bridges as said board or city council may select. If the
this Act. Secretary of Public Works and Communications finds the
projects feasible and there is a balance in the share of the
In approving provincial or city projects to receive “national aid” province or city under this section still available for such projects
under the provisions of this section, the Secretary of Public equivalent to eighty per centum of the estimated cost of such
Works and Communications shall give preference to such projects, he may in his discretion authorize the release thereof
projects as will expedite the completion of an adequate and of the condition that the province or city concerned put up the
connected system of highways intertown in character and other twenty per centum of the cost of such projects from local
correlated to the primary system to be financed wholly by the funds. The Secretary of Public Works and Communications may
National Government. He shall have the authority to approve in promulgate the necessary rules and regulations to govern the
whole or in part the system as designated by the province or release and expenditure of such additional aid.
city, or to require modifications or revisions thereto: Provided,
Nothing in this section or the preceding section shall be shall be given to the construction of small bridges, the cost of
construed as prohibiting any provincial or city government from which can be amortized within a short period: Provided, further,
maintaining or constructing any road projects, outside of the That the amortization period shall not exceed twenty years.
“national aid” system herein created, if the province or city
concerned can independently assume the burden in financing SEC. 12. Municipal roads.—Subject to such rules and
the construction and maintenance of the same. regulations as the Secretary of Public Works and
Communications may prescribe, the municipal council shall
(e) Aid for roads and for bridges to be constructed under the designate the municipal roads on which the share of the
provisions of Act Numbered Three thousand five hundred, as municipalities from the Highway Special Fund apportioned under
amended.—The Secretary of Public Works and section nine, paragraph (a), of this Act shall be expended. The
Communications may authorize the use of the sum available for municipal council concerned shall formulate a program of work,
improvement, reconstruction and construction for the payment inventory of municipal roads on which the money is to be
of sinking fund and interest on loan that the province or city may expended, and such work progress reports to show that the
be able to secure for the construction of any bridge, or money is being well spent and used for no other purpose than
improvement, reconstruction or construction of any road section the maintenance of existing and unabandoned roads, or, in the
in the “national aid” system, from any banking institution, or from case of island and interior municipalities where there are no
the revolving fund for toll bridges created under Act Numbered existing roads, on existing trails the location of which has been
Three thousand five hundred, as amended in the next section of previously approved by him. The Secretary shall have the
this Act. authority to withhold any aid for municipal roads if he finds the
same being misused or wasted.
SEC. 11. Amendment to Act Numbered Three thousand five
hundred.—All provisions of Act Numbered Three thousand five SEC. 13. Publication.—Within one year after this Act take effect,
hundred, as amended by Commonwealth Act Numbered Two the Secretary of Public Works and Communications shall
hundred and forty-one, to the contrary notwithstanding, the prepare, publish and distribute a map showing the highways that
funds appropriated therein shall be made available for have been selected and approved as a part of the primary and
construction of permanent bridges, free of tolls, to replace any “national aid” systems, and every year thereafter, he shall
existing temporary wooden bridge on the national and “national prepare, publish and distribute such an up-to-date map.
aid” highway systems: Provided, however, That the annual
amortization needed to recover the cost of construction of the ARTICLE V.—Improvement, Reconstruction, Paving and
bridge, plus interest at four per centum per annum, shall be paid Construction of “National Aid” Highways
partly or wholly from the share of the province or city, as the
case may be, from the Highway Special Fund as provided in the SEC. 14. Supervision and control of “national aid” highway
next preceding section. projects.—The improvement, reconstruction, paving and
construction of “national aid” highways or parts of highways in
The Secretary of Public Works and Communications shall the “national aid” systems under the provisions of this Act, and
promulgate the necessary rules and regulations to carry out the all contracts, plans, specifications and estimates relating
purposes of this section: Provided, however, That preference thereto, shall be undertaken by the Division of Highways of the
Bureau of Public Works subject to the approval of the Secretary SEC. 17. Organization.—The functions of the different positions
of Public Works and Communications: Provided, That where the created under Executive Order Numbered Three hundred and
cost of any single project exceeds ten thousand pesos the work ninety-two, compensations for which are chargeable against the
shall, after due public bidding, be awarded by contract. Highway Special Fund, shall conform to Administrative Order
Numbered One, series of nineteen hundred and fifty-one, of the
SEC. 15. Types of surface, widths of roadway and rights-of- Bureau of Public Works issued pursuant to the aforesaid
way.—Only such durable types of surface and kinds of materials Executive Order.
shall be adopted for the construction and reconstruction of any
highways which is a part of the primary national or “national aid” SEC. 18. Appointment and transfer of personnel.—The
systems as will adequately meet the existing and probable Secretary of Public Works and Communications shall appoint
future traffic needs and conditions thereon. The Secretary of upon recommendation of the Director of Public Works, the
Public Works and Communications shall approve the types and personnel who shall occupy all the several positions created
widths of construction and reconstruction, and the character of pursuant to the aforesaid Executive Order and which may
improvement, repair and maintenance in each case, hereafter be created or transferred from other divisions under
consideration being given to the type and character which shall the Department of Public Works and Communications, and
be best suited for each locality and to the probable character made functional part of the Division of Highways when
and extent of the future traffic. All highways constructed or compensation therefor are payable from the Highway Special
reconstructed under the provisions of this Act shall be free from Fund. In filling such positions, the Secretary of Public Works and
tolls of all kinds. Communications, upon the recommendation of the Director of
Public of Works, shall give preference to personnel who already
All highways in the “national aid” system to be improved, paved, occupy permanent positions in the Department of Public Works
reconstructed or constructed after the passage of this Act shall and Communications and the selection shall be based on
have a right-of-way of ample width and wearing surface of an training, experience and length of service. Such authority to
adequate width which shall not be less than the minimum appoint personnel whose salary is payable under this Act, by the
standards now established by the Division of Highways of the Secretary of Public Works and Communications shall also
Bureau of Public Works, unless, in the opinion of the Secretary extend to the appointment of the District Engineers, assistant
of Public Works and Communications, such is impracticable by district highway or civil engineers not to exceed two in each
reason of physical conditions, excessive costs, probable traffic district office and the chief clerk or highway clerk whose salaries
requirements or legal obstacles. shall hereafter be made payable from Highway Special
Fund: Provided, That all other subordinate positions established
SEC. 16. Engineering.—The cost of engineering which shall in the Division of Highways below Grade Seven, as described in
include surveys, preparation of plans, specifications and section three of Commonwealth Act Numbered Four hundred
estimates, inspection and unforeseen contingencies shall not and two, as amended, shall be appointed in accordance with
exceed ten per centum of the total estimated cost of existing law. Such additional personnel, payable under this Act,
construction. as are required from time to time to fill positions in the
specialized services established to carry out the provisions of
ARTICLE VI.—Organization and Personnel Policies this Act shall be appointed by the Secretary of Public Works and
Communications, upon the recommendation of the Director of of Commonwealth Act Numbered Two hundred and forty-six, as
Public Works, from lists of eligibles furnished by the Bureau of amended. Such budget shall be prepared at the beginning of
Civil Service in accordance with law: Provided, That personnel each fiscal year for the next succeeding fiscal year by the
of the Division of Highways of whatever grade, enjoying Director of Public Works. Upon approval by the Secretary of
permanent status as of the effective date of this Act, shall be Public Works and Communications, said budget shall be
continued in their present or equivalent position or positions, submitted to the President for his approval as required by law.
and shall suffer no impairment of civil service privileges or rights
provided under the law, nor shall there be any diminution of SEC. 21. Maintenance funds.—The provisions of
salary by reason of transfer to other position or positions as a Commonwealth Act Numbered Two hundred and forty-six, as
result of any action taken pursuant to the provisions of this Act, amended, to the contrary notwithstanding, sums apportioned for
or the aforesaid Executive Order. The assignment and/or maintenance under this Act shall be released automatically and
transfer of professional or technical personnel may be made for made immediately available for expenditure as provided in
the best interests of the service by the Director of Public Works, sections six (c), seven and nine of this Act without the necessity
with the approval of the Secretary of Public Works and of submitting a budget therefor as a condition precedent to their
Communications. release. A budgetary statement as to the amounts released to
the different provinces, cities and municipalities shall, however,
SEC. 19. Personnel policies.—The Secretary of Public Works be submitted to the President if he shall require the same.
and Communications, upon the recommendation of the Director
of Public Works, is hereby directed to formulate policies of SEC. 22. Other expenditures.—A budget for all other sums to be
personnel management calculated to encourage and develop expended under this Act shall be prepared by the Director of
the loyal and efficient performance of duty on the part of all Public Works pursuant to Commonwealth Act Numbered Two
employees of the Division of Highways. Such policies shall hundred and forty-six. Budget programs for construction,
include provisions for within-service promotions, periodic and reconstruction, paving or improvement, shall set up anticipated
systematic pay increases, rotation of personnel to broaden highway funds apportionable under section six (b) and section
technical and professional experience, the establishment of in- ten of this Act, against contractual and other obligations to be
service training programs, and such other means as the Director met out of the anticipated collections covering into the Highway
of Public Works deems advisable: Provided, That in rotating Special Fund for a period in advance not longer than twenty-four
personnel, no field, district or regional employee above the rank months. Such program shall include, in the case of projects to
of foreman shall, except for cause, be rotated oftener than once be prosecuted on force-accounts, statements of traveling and
every two years not allowed in any assignment longer than six other expenses, including a list of employees entitled thereto;
years. proposed expenditures of materials, rental charges for/or
purchase of highway equipment, machineries, accessories and
ARTICLE VII.—Budget and Accounts spare parts, labor, the cost of acquisition of right-of-way, and the
cost of engineering as defined in section sixteen of this Act.
SEC. 20. Operation funds.—A budget covering the operation of Upon approval of the Secretary of Public Works and
the Division of Highways shall be prepared annually as Communications, said budget shall be submitted to the
prescribed in section seven, general provisions, paragraph four President for his final approval as required by law.
SEC. 23. Accounts.—The provisions of Republic Act Numbered used or owned by the Division of Highways, and for the
Four hundred and thirty-three to the contrary notwithstanding, prorating equitably of the costs of depreciation of such highway
the Secretary of Public Works and Communications is equipment, machinery, motor vehicles and all other items of
authorized to establish an accounting section in the Division of equipment, among the several highway construction and
Highways of the Bureau of Public Works which shall devise and maintenance operations and other assigned uses. The costs of
install a proper method of keeping accounts suitable to a repair, maintenance and operation, as nearly as may be, shall
modern highway administration. Such section shall cooperate be charged to projects or otherwise prorated where project use
with the Budget Commission and General Auditing Office in is not involved. The accumulated depreciation charges shall be
fiscal accounting, but shall work independently of these offices credited to the highway equipment account and used as
in so far as cost accounting, statistical compilation and analyses provided therefor. Under such regulations as the Director of
thereof for purposes of engineering are concerned. The Public Works may prescribe, the chief highway engineer shall
personnel for this section shall be paid under section six of this exercise complete control over the assignment, use and transfer
Act, and the necessary positions therefor shall be provided in of all highway equipment, machinery, motor vehicles, and all
the plantilla of the Division of Highways to be included in the other equipment and properly owned by or placed under the
Annual Budget for the operation of said Division. control of the Division of Highways. Notwithstanding other
provisions of law, executive order, or regulation to the contrary,
SEC. 24. Equipment account.—There shall be established a such war surplus equipment as may have been transferred to
highway equipment account which shall comprise allotments the Division of Highways by the Surplus Property Commission
thereto from the Highway Special Fund, proceeds from the sales on memorandum receipt or otherwise tendered is hereby
of obsolete or wornout highway equipment, machinery and declared to be the property of the Division of Highways and as
motor vehicles used by the Division of Highways, rentals for use such shall be subject to such use, control and assignment as
such highway equipment and machinery and all other moneys hereinbefore specified and provided.
used or to be used in the purchase of such highway equipment,
machinery or motor vehicles. This account shall be used for the SEC. 25. In the purchase of materials for the maintenance,
purchase of all highway equipment, machinery, motor vehicles, reconstruction, paving and improvement of national, provincial,
all needed and necessary tools and spare parts, and for the city or municipal roads and bridges under this Act, preference
establishment, in the discretion of the Director of Public Works, shall be given as far as practicable to locally produced
with the approval of the Secretary of Public Works and materials, provided that the quality and price thereof shall not
Communications, of necessary repair shops, facilities and differ considerably from the quality and price of imported
storage depots. This account shall also be used for the materials, and the supply of local materials is adequate.
purchase of equipment required by the materials testing
laboratory, and for the purchase of other items and equipment ARTICLE VIII.—Establishment of an Integrated System of
materials not heretofore specified, as may be needed for the Highways
proper carrying out of the provisions of this Act. The Director of
Public Works shall require the establishment of a system for the SEC. 26. Revision of classification of roads established by
proper control and maintenance of all highway equipment, Executive Order Numbered Four hundred and eighty-three,
machinery, motor vehicles, and all other equipment and property series of nineteen hundred and fifty-one.—Within one year after
the passage of this Act, the Secretary of Public Works and a report to the President, which shall include the detailed
Communications shall cause the review of existing data and statements of the work done, status of each project undertaken,
surveys and, upon completion of this review, the preparation by the allocation of funds and appropriations, an itemized
the Division of Highways of the Bureau of Public Works of such statement of expenditures and receipts during the preceding
development maps or master plans as would embody in each fiscal year under this Act, an itemized statement of the traveling
original group of provinces or each province, recommendations and other expenses, including a list of employees, their duties,
for a limited system of national primary highways designed to salaries and traveling expenses, if any, and his
provide a basis for improved inter-regional transportation: recommendations, if any, for new legislation amending or
Provided, That in the selection and planning of the entire supplementing this Act. The Secretary of Public Works and
highway system the Secretary of Public Works and Communications shall also make such special reports as
Communications shall invariably take into consideration the Congress may request.
military highway needs of the Philippines. These plans and
recommendations shall also include secondary systems of ARTICLE X.—Special Provisions and Penalties
national and of “national aid” provincial and city or municipal
roads to assure continuity and articulation in the entire SEC. 29. Special provisions.—Upon approval of this Act, no
integrated system. Upon completion of these plans, he shall money, whether from current or from accumulated previous
prepare and submit to the National Transportation Board a releases, from the Highway Special Fund shall be spent during
revision of the classification of roads which shall be established a period of forty-five days immediately preceding any election
by Executive Order of the President. except for:

All the sums allocated under sections six (d), nine and ten of this (a) Expenditures for purely maintenance work in existing roads,
Act shall thereafter be expended upon the system of highways bridges, ferries and other stream-crossing facilities, the total
established under this article. disbursements of which shall not exceed the monthly average
expenditure for such purposes in the province or city during the
ARTICLE IX.—Rules and Regulations, Report to President previous year: Provided, That the total monthly disbursement for
all such provinces and cities shall not exceed three million
SEC. 27. Rules and regulations to be prescribed by the pesos;
Secretary of Public Works and Communications.—The
Secretary of Public Works and Communications shall prescribe (b) Payment of the costs of actual construction or improvement
and promulgate the necessary rules and regulations to carry out already awarded by contract; and,
the provisions of this Act. He shall make such recommendations
to the President and to the provincial board or city council (c) Payment for the usual cost of the preparation of working
concerned, as he may deem necessary to preserve and protect drawings, specifications, bill of materials, estimates, and other
the highways and insure traffic safety. procedures preliminary to actual construction, including the
purchase of materials and equipment.
SEC. 28. Report.—On or before the end of August of each year,
the Secretary of Public Works and Communications shall make
SEC. 30. Penalties.—It shall be unlawful for any person to usurp Approved: June 20, 1953
any portion of a right-of-way, to convert any part of any public
highway, bridge, wharf or trail to his own private use or to
obstruct the same in any manner, or to use any highway ditch
for irrigation or other private purposes, and any person so
offending shall be punished by a fine of not more than two
hundred pesos or by imprisonment not exceeding three months.

Any person altering boundaries or location monuments or road


right-of-ways shall be punished under article three hundred and
thirteen of the Revised Penal Code.

Any person who shall remove any tool or any roadmaking


material from any highway, or mutilate, damage, destroy, or in
any manner interfere with any public bridge, culvert, drainage
canal, road marker, sign, or other road or road-side
development facilities shall be punished under article three
hundred and twenty-eight of the Revised Penal Code.

If the obstruction or damage shall result in any road or motor-


vehicle accident, the penalty provided in the second paragraph
of article three hundred and thirty of the Revised Penal Code
shall be imposed.

ARTICLE XI.—Final Provisions

SEC. 31. Acts, Executive Orders, Administrative Orders,


Ordinances, etc., repealed.—Act Numbered One thousand five
hundred and eleven, otherwise known as The Philippine Road
Law, and all Executive Orders, Administrative Orders,
Ordinances, and Regulations inconsistent herewith are hereby
repealed.

SEC. 32. Act, when in effect.—This Act shall take effect upon its
approval, except sections four, five, six, seven, eight, nine, and
ten hereof which shall take effect on January first, nineteen
hundred and fifty-four.

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