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 highways,
REPUBLIC ACT NO. 917 - AN ACT TO PROVIDE and includes any regional provincial or city
FOR AN EFFECTIVE HIGHWAY department, regional engineering division,
ADMINISTRATION, MODIFY APPORTIONMENT section, engineering district, or office suitably
OF HIGHWAY FUNDS AND GIVED TO THE equipped and organized or official having
PROVINCES, CHARTERED CITIES AND adequate powers to discharge the duties herein
MUNICIPALITIES IN THE CONSTRUCTION OF required.
ROADS AND STREETS, AND FOR OTHER
PURPOSES
(c) The term "maintenance" means the
ARTICLE I constant making of needed repairs to preserve
Title and Scope of Act a smooth-surfaced highway, and operation of
existing ferries, but shall not be held to include
extraordinary repairs nor reconstruction.

Section 1. Short title. — This Act may be cited

as the "Philippine Highway Act of nineteen
hundred and fifty-three." (d) The term "construction" means the
supervising, inspecting, actual building, and all
expenses, including the costs of right-of-way,
incidental to construction of a highway, except
Sec. 2. Scope of Act. — The provisions of this
locating, surveying and mapping.
Act shall control the disposition of all funds
accruing to the Highway Special Fund; the
disposition of general funds when so provided
by law; the manner of apportionment and (e) The term "reconstruction" means a
conditions under which such apportionment widening or a rebuilding of a highway or any
shall be released; the selection and designation portion thereof to make it a continuous road of
of highways or highway projects to receive sufficient width and strength to care adequately
nationald; the administration, maintenance, for traffic needs.
improvement, reconstruction and construction
expenditures on highway projects; the
classification of highways; and the widths, (f) The term "improvement" means any repair
acquisition and use of rights-of-way. of a highway or any portion thereof that results
in its betterment by virtue of the use of
materials of a quality superior to those repaired
ARTICLE II or the employment of more skillful
workmanship involving expenditure of money in
Definitions excess of the normal cost of ordinary
reconditioning or replacement.

Sec. 3. Words and phrases defined. — When

used in this Act and in subsequent Acts having (g) The term "local funds" include funds raised
reference thereto, unless the context indicates under the authority of a province, chartered
otherwise: city, or municipality; allotments or internal
revenue accruing by law to their general funds
and the "road bridge" funds; and other
(a) The term "highway" includes rights-of-way, revenues accruing to their general funds and
bridges, ferries, drainage structures, signs, made available by resolution of the Board or
guard rails, and protective structures in Council concerned for expenditure under the
connection with highways. control of the Division of Highways, but does
not include apportionments or allotments from
the Highway Special Fund.
 "Sec. 361. Disposition of proceeds of taxes on
motor fuel. — The proceeds of the tax on motor
(h) The term "primary roads" means roads fuel prescribed in subsections (b), (c), and (d) of
which form parts of the main trunk-line system section one hundred and forty-two of this Code
continuous in extent; roads which are now shall be deposited in a special trust account in
declared national roads except those not the National Treasury to constitute the Highway
forming parts of the continuous system, such as Special Fund, which shall be apportioned and
roads leading to nationalrports, seaports and expended in accordance with the provisions of
parks, etc., or coast-to-coast roads not forming the Philippine Highway Act of nineteen hundred
continuous part of the trunk-line system. and fifty-three.

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

(c) The Secretary of Public Works and

Twenty per centum to provinces and chartered Communications may use the unexpended
cities in the ratio which the vehicle- contingent fund and the balance of the
kilometerage of the province or city bears to improvement fund tod municipalities for the
the total vehicle-kilometerage recorded in the improvement or construction of municipal
entire Philippine Highways System as computed roads provided that such municipalities shall
from traffic-flow charts or maps of the different defray one-third of the cost of improvement of
provinces and cities based on the annual construction.
average daily traffic count observed on all
classes of national and on first and second-class
provincial and city roads according to the latest (d) Nationald for improvement,
available data: Provided, That for the purposes reconstruction, paving and construction of
of this paragraph, two-thirds of the vehicle- provincial and city roads. — The nationald to be
kilometerage of roads or road sections already extended to any province or city for the
paved with concrete and other high-type improvement, reconstruction, paving and,
pavements shall be excluded in computing the wherever practicable, construction of provincial
number of vehicle-kilometers used as basis of or city roads, streets and bridges shall be taken
proportioning under this paragraph. from the combined regular and discretionary-
additional shares apportioned to each province
or city under this section. The Secretary of
Fifteen per centum to provinces and chartered Public Works and Communications shall
cities in proportion to the amount of property determine the amount of suchd to provincial
assessments. and city roads but shall not transfer any portion
of the share of the province or city under this
section to any project outside such province or
Five per centum to be distributed equally city.
among all municipalities in the Philippines.
Within sixty days after the passage of this Act, Secretary of Public Works and Communications
and within thirty days after the close of each under this section unless the provincial board or
fiscal year thereafter, the provincial board or city council concerned has adequately provided
city council concerned shall select, designate for the maintenance of existing and
and submit thru the Director of Public Works for unabandoned roads, streets and bridges as
approval by the Secretary of Public Works and required under section nine paragraph (b) of
Communications a system of provincial or city this Act.
"nationald" highways not to exceed ten per
centum of the total highway kilometerage of
such province or city as shown by the records of The Secretary of Public Works and
the Division of Highways at the time of the Communications may approve projects
passage of this Act. submitted by the province or city prior to this
selection, designation and approval of the
system of "nationald" highways herein provided
The Director of Public Works shall likewise for if he may reasonably anticipate that such
within sixty days after the passage of this Act projects will become a part of such system.
recommend to the Secretary of Public Works
and Communications the primary and
secondary national roads that shall form the Wherever provisions have been made by any
nucleus of an expanding primary and secondary province or city for the adequate maintenance
national and "nationald" systems of roads as of a system of "nationald" highways and there
planned in a physical program to be prepared still remains a substantial sum for improvement,
by the Division of Highways. reconstruction, paving and construction of
roads in their locals funds, the provincial board
or city council concerned may apply to the
Upon this system of primary and secondary Secretary of Public Works and Communications
national and "nationald" provincial and city for additional "nationald" for such roads, streets
highways all the regular and discretionary- or bridges as said board or city council may
additional shares apportioned to each province select. If the Secretary of Public Works and
or city under this section shall be expended, Communications finds the projects feasible and
until otherwise modified as a result of any there is a balance in the share of the province
action taken pursuant to article VIII of this Act. or city under this section still available for such
projects equivalent to eighty per centum of the
estimated cost of such projects, he may in his
In approving provincial or city projects to discretion authorize the release thereof of the
receive "nationald" under the provisions of this condition that the province or city concerned
section, the Secretary of Public Works and put up the other twenty per centum of the cost
Communications shall give preference to such of such projects from local funds. The Secretary
projects as will expedite the completion of an of Public Works and Communications may
adequate and connected system of highways promulgate the necessary rules and regulations
intertown in character and correlated to the to govern the release and expenditure of such
primary system to be financed wholly by the additionald.
National Government. He shall have the
authority to approve in whole or in part the
system as designated by the province or city, or Nothing in this section or the preceding section
to require modifications or revisions thereto: shall be construed as prohibiting any provincial
Provided, That the province or city concerned or city government from maintaining or
shall submit to him for his approval any constructing any road projects, outside of the
proposed revisions of the designated highways "nationald" system herein created, if the
above provided, for: Provided, further, That the province or city concerned can independently
subsequent modifications or revisions are not assume the burden in financing the
made oftener than once every three years and construction and maintenance of the same.
do not affect more than twenty per centum of
the total kilometerage already designated at a
time. No "nationald" shall be authorized by the
(e) Aid for roads and for bridges to be of this Act shall be expended. The municipal
constructed under the provisions of Act council concerned shall formulate a program of
Numbered Three thousand five hundred, as work, inventory of municipal roads on which
amended. — The Secretary of Public Works and the money is to be expended, and such work
Communications may authorize the use of the progress reports to show that the money is
sum available for improvement, reconstruction being well spent and used for no other purpose
and construction for the payment of sinking than the maintenance of existing and
fund and interest on loan that the province or unabandoned roads, or, in the case of island
city may be able to secure for the construction and interior municipalities where there are no
of any bridge, or improvement, reconstruction existing roads, on existing trails the location of
or construction of any road section in the which has been previously approved by him.
"nationald" system, from any banking The Secretary shall have the authority to
institution, or from the revolving fund for toll withhold anyd for municipal roads if he finds
bridges created under Act Numbered Three the same being misused or wasted.
thousand five hundred, as amended in the next
section of this Act.
Section 13. Publication. — Within one year
after this Act take effect, the Secretary of Public
Section 11. Amendment to Act Numbered Works and Communications shall prepare,
Three thousand five hundred. — All provisions publish and distribute a map showing the
of Act Numbered Three thousand five hundred, highways that have been selected and approved
as amended by Commonwealth Act Numbered as a part of the primary and "nationald"
Two hundred and forty-one, to the contrary systems, and every year thereafter, he shall
notwithstanding, the funds appropriated prepare, publish and distribute such an up-to-
therein shall be made available for construction date map.
of permanent bridges, free of tolls, to replace
any existing temporary wooden bridge on the
national and "nationald" highway systems: ARTICLE V
Provided, however, That the annual
amortization needed to recover the cost of Improvement, Reconstruction, Paving and
construction of the bridge, plus interest at four Construction of "Nationald" Highways
per centum per annum, shall be paid partly or
wholly from the share of the province or city, as
the case may be, from the Highway Special Section 14. Supervision and control of
Fund as provided in the next preceding section. "nationald" highway projects. — The
improvement, reconstruction, paving and
construction of "nationald" highways or parts of
The Secretary of Public Works and highways in the "nationald" systems under the
Communications shall promulgate the provisions of this Act, and all contracts, plans,
necessary rules and regulations to carry out the specifications and estimates relating thereto,
purposes of this section: Provided, however, shall be undertaken by the Division of Highways
That preference shall be given to the of the Bureau of Public Works subject to the
construction of small bridges, the cost of which approval of the Secretary of Public Works and
can be amortized within a short period: Communications: Provided, That where the cost
Provided, further, That the amortization period of any single project exceeds ten thousand
shall not exceed twenty years. pesos the work shall, after due public bidding,
be awarded by contract.

Section 12. Municipal roads. — Subject to

such rules and regulations as the Secretary of Section 15. Types of surface, widths of
Public Works and Communications may roadway and rights-of-way. — Only such
prescribe, the municipal council shall designate durable types of surface and kinds of materials
the municipal roads on which the share of the shall be adopted for the construction and
municipalities from the Highway Special Fund reconstruction of any highways which is a part
apportioned under section nine, paragraph (a), of the primary national or "nationald" systems
as will adequately meet the existing and Section 18. Appointment and transfer of
probable future traffic needs and conditions personnel. — The Secretary of Public Works and
thereon. The Secretary of Public Works and Communications shall appoint upon
Communications shall approve the types and recommendation of the Director of Public
widths of construction and reconstruction, and Works, the personnel who shall occupy all the
the character of improvement, repair and several positions created pursuant to the
maintenance in each case, consideration being aforesaid Executive Order and which may
given to the type and character which shall be hereafter be created or transferred from other
best suited for each locality and to the probable divisions under the Department of Public Works
character and extent of the future traffic. All and Communications, and made functional part
highways constructed or reconstructed under of the Division of Highways when compensation
the provisions of this Act shall be free from tolls therefor are payable from the Highway Special
of all kinds. Fund. In filling such positions, the Secretary of
Public Works and Communications, upon the
recommendation of the Director of Public of
All highways in the "nationald" system to be Works, shall give preference to personnel who
improved, paved, reconstructed or constructed already occupy permanent positions in the
after the passage of this Act shall have a right- Department of Public Works and
of-way of ample width and wearing surface of Communications and the selection shall be
an adequate width which shall not be less than based on training, experience and length of
the minimum standards now established by the service. Such authority to appoint personnel
Division of Highways of the Bureau of Public whose salary is payable under this Act, by the
Works, unless, in the opinion of the Secretary of Secretary of Public Works and Communications
Public Works and Communications, such is shall also extend to the appointment of the
impracticable by reason of physical conditions, District Engineers, assistant district highway or
excessive costs, probable traffic requirements civil engineers not to exceed two in each district
or legal obstacles. office and the chief clerk or highway clerk
whose salaries shall hereafter be made payable
from Highway Special Fund: Provided, That all
other subordinate positions established in the
Section 16. Engineering. — The cost of
Division of Highways below Grade Seven, as
engineering which shall include surveys,
described in section three of Commonwealth
preparation of plans, specifications and
Act Numbered Four hundred and two, as
estimates, inspection and unforeseen
amended, shall be appointed in accordance
contingencies shall not exceed ten per centum
with existing law. Such additional personnel,
of the total estimated cost of construction.
payable under this Act, as are required from
time to time to fill positions in the specialized
services established to carry out the provisions
ARTICLE VI of this Act shall be appointed by the Secretary
of Public Works and Communications, upon the
Organization and Personnel Policies
recommendation of the Director of Public
Works, from lists of eligibles furnished by the
Bureau of Civil Service in accordance with law:
Section 17. Organization. — The functions of Provided, That personnel of the Division of
the different positions created under Executive Highways of whatever grade, enjoying
Order Numbered Three hundred and ninety- permanent status as of the effective date of this
two, compensations for which are chargeable Act, shall be continued in their present or
against the Highway Special Fund, shall conform equivalent position or positions, and shall suffer
to Administrative Order Numbered One, series no impairment of civil service privileges or
of nineteen hundred and fifty-one, of the rights provided under the law, nor shall there
Bureau of Public Works issued pursuant to the be any diminution of salary by reason of
aforesaid Executive Order. transfer to other position or positions as a
result of any action taken pursuant to the
provisions of this Act, or the aforesaid Executive
Order. The assignment and/or transfer of
professional or technical personnel may be
made for the best interests of the service by the seven and nine of this Act without the necessity
Director of Public Works, with the approval of of submitting a budget therefor as a condition
the Secretary of Public Works and precedent to their release. A budgetary
Communications. statement as to the amounts released to the
different provinces, cities and municipalities
shall, however, be submitted to the President if
Section 19. Personnel policies. — The he shall require the same.
Secretary of Public Works and Communications,
upon the recommendation of the Director of
Public Works, is hereby directed to formulate Sec. 22. Other expenditures. — A budget for
policies of personnel management calculated to all other sums to be expended under this Act
encourage and develop the loyal and efficient shall be prepared by the Director of Public
performance of duty on the part of all Works pursuant to Commonwealth Act
employees of the Division of Highways. Such Numbered Two hundred and forty-six. Budget
policies shall include provisions for within- programs for construction, reconstruction,
service promotions, periodic and systematic pay paving or improvement, shall set up anticipated
increases, rotation of personnel to broaden highway funds apportionable under section six
technical and professional experience, the (b) and section ten of this Act, against
establishment of in-service training programs, contractual and other obligations to be met out
and such other means as the Director of Public of the anticipated collections covering into the
Works deems advisable: Provided, That in Highway Special Fund for a period in advance
rotating personnel, no field, district or regional not longer than twenty-four months. Such
employee above the rank of foreman shall, program shall include, in the case of projects to
except for cause, be rotated oftener than once be prosecuted on force-accounts, statements of
every two years not allowed in any assignment traveling and other expenses, including a list of
longer than six years. employees entitled thereto; proposed
expenditures of materials, rental charges for/or
purchase of highway equipment, machineries,
ARTICLE VII accessories and spare parts, labor, the cost of
acquisition of right-of-way, and the cost of
Budget and Accounts engineering as defined in section sixteen of this
Act. Upon approval of the Secretary of Public
Works and Communications, said budget shall
Sec. 20. Operation funds. — A budget be submitted to the President for his final
covering the operation of the Division of approval as required by law.
Highways shall be prepared annually as
prescribed in section seven, general provisions,
paragraph four of Commonwealth Act Sec. 23. Accounts. — The provisions of
Numbered Two hundred and forty-six, as Republic Act Numbered Four hundred and
amended. Such budget shall be prepared at the thirty-three to the contrary notwithstanding,
beginning of each fiscal year for the next the Secretary of Public Works and
succeeding fiscal year by the Director of Public Communications is authorized to establish an
Works. Upon approval by the Secretary of accounting section in the Division of Highways
Public Works and Communications, said budget of the Bureau of Public Works which shall
shall be submitted to the President for his devise and install a proper method of keeping
approval as required by law. accounts suitable to a modern highway
administration. Such section shall cooperate
with the Budget Commission and General
Sec. 21. Maintenance funds. — The provisions Auditing Office in fiscal accounting, but shall
of Commonwealth Act Numbered Two hundred work independently of these offices in so far as
and forty-six, as amended, to the contrary cost accounting, statistical compilation and
notwithstanding, sums apportioned for analyses thereof for purposes of engineering
maintenance under this Act shall be released are concerned. The personnel for this section
automatically and made immediately available shall be paid under section six of this Act, and
for expenditure as provided in sections six (c), the necessary positions therefor shall be
provided in the plantilla of the Division of executive order, or regulation to the contrary,
Highways to be included in the Annual Budget such war surplus equipment as may have been
for the operation of said Division. transferred to the Division of Highways by the
Surplus Property Commission on memorandum
receipt or otherwise tendered is hereby
Sec. 24. Equipment account. — There shall be declared to be the property of the Division of
established a highway equipment account Highways and as such shall be subject to such
which shall comprise allotments thereto from use, control and assignment as hereinbefore
the Highway Special Fund, proceeds from the specified and provided.
sales of obsolete or wornout highway
equipment, machinery and motor vehicles used
by the Division of Highways, rentals for use such Sec. 25. In the purchase of materials for the
highway equipment and machinery and all maintenance, reconstruction, paving and
other moneys used or to be used in the improvement of national, provincial, city or
purchase of such highway equipment, municipal roads and bridges under this Act,
machinery or motor vehicles. This account shall preference shall be given as far as practicable to
be used for the purchase of all highway locally produced materials, provided that the
equipment, machinery, motor vehicles, all quality and price thereof shall not differ
needed and necessary tools and spare parts, considerably from the quality and price of
and for the establishment, in the discretion of imported materials, and the supply of local
the Director of Public Works, with the approval materials is adequate.
of the Secretary of Public Works and
Communications, of necessary repair shops,
facilities and storage depots. This account shall ARTICLE VIII
also be used for the purchase of equipment
required by the materials testing laboratory, Establishment of an Integrated System of
and for the purchase of other items and Highways
equipment materials not heretofore specified,
as may be needed for the proper carrying out of
the provisions of this Act. The Director of Public Sec. 26. Revision of classification of roads
Works shall require the establishment of a established by Executive Order Numbered Four
system for the proper control and maintenance hundred and eighty-three, series of nineteen
of all highway equipment, machinery, motor hundred and fifty-one. — Within one year after
vehicles, and all other equipment and property the passage of this Act, the Secretary of Public
used or owned by the Division of Highways, and Works and Communications shall cause the
for the prorating equitably of the costs of review of existing data and surveys and, upon
depreciation of such highway equipment, completion of this review, the preparation by
machinery, motor vehicles and all other items the Division of Highways of the Bureau of Public
of equipment, among the several highway Works of such development maps or master
construction and maintenance operations and plans as would embody in each original group of
other assigned uses. The costs of repair, provinces or each province, recommendations
maintenance and operation, as nearly as may for a limited system of national primary
be, shall be charged to projects or otherwise highways designed to provide a basis for
prorated where project use is not involved. The improved inter-regional transportation:
accumulated depreciation charges shall be Provided, That in the selection and planning of
credited to the highway equipment account and the entire highway system the Secretary of
used as provided therefor. Under such Public Works and Communications shall
regulations as the Director of Public Works may invariably take into consideration the military
prescribe, the chief highway engineer shall highway needs of the Philippines. These plans
exercise complete control over the assignment, and recommendations shall also include
use and transfer of all highway equipment, secondary systems of national and of
machinery, motor vehicles, and all other "nationald" provincial and city or municipal
equipment and properly owned by or placed roads to assure continuity and articulation in
under the control of the Division of Highways. the entire integrated system. Upon completion
Notwithstanding other provisions of law, of these plans, he shall prepare and submit to
the National Transportation Board a revision of Sec. 29. Special provisions. — Upon approval
the classification of roads which shall be of this Act, no money, whether from current or
established by Executive Order of the President. from accumulated previous releases, from the
Highway Special Fund shall be spent during a
period of forty-five days immediately preceding
All the sums allocated under sections six (d), any election except for:
nine and ten of this Act shall thereafter be
expended upon the system of highways
established under this article. (a) Expenditures for purely maintenance work
in existing roads, bridges, ferries and other
stream-crossing facilities, the total
ARTICLE IX disbursements of which shall not exceed the
monthly average expenditure for such purposes
Rules and Regulations, Report to President in the province or city during the previous year:
Provided, That the total monthly disbursement
for all such provinces and cities shall not exceed
Sec. 27. Rules and regulations to be prescribed three million pesos;
by the Secretary of Public Works and
Communications. — The Secretary of Public
Works and Communications shall prescribe and (b) Payment of the costs of actual
promulgate the necessary rules and regulations construction or improvement already awarded
to carry out the provisions of this Act. He shall by contract; and,
make such recommendations to the President
and to the provincial board or city council
concerned, as he may deem necessary to (c) Payment for the usual cost of the
preserve and protect the highways and insure preparation of working drawings, specifications,
traffic safety. bill of materials, estimates, and other
procedures preliminary to actual construction,
including the purchase of materials and
Sec. 28. Report. — On or before the end of equipment.
August of each year, the Secretary of Public
Works and Communications shall make a report
to the President, which shall include the Sec. 30. Penalties. — It shall be unlawful for
detailed statements of the work done, status of any person to usurp any portion of a right-of-
each project undertaken, the allocation of funds way, to convert any part of any public highway,
and appropriations, an itemized statement of bridge, wharf or trail to his own private use or
expenditures and receipts during the preceding to obstruct the same in any manner, or to use
fiscal year under this Act, an itemized statement any highway ditch for irrigation or other private
of the traveling and other expenses, including a purposes, and any person so offending shall be
list of employees, their duties, salaries and punished by a fine of not more than two
traveling expenses, if any, and his hundred pesos or by imprisonment not
recommendations, if any, for new legislation exceeding three months.
amending or supplementing this Act. The
Secretary of Public Works and Communications
shall also make such special reports as Congress
may request. 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.
ARTICLE X

Special Provisions and Penalties

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.