Question & AnswerQ&A (Republic Act No. 917)
The Act may be cited as the "Philippine Highway Act of nineteen hundred fifty-three."
The Act controls the disposition of all funds accruing to the Highway Special Fund, disposition of general funds when the law provides, the manner of apportionment and conditions for release, designation of highways or projects for national aid, administration, maintenance, improvement, reconstruction, construction expenditures, highway classification, and rights of way acquisition and use.
The term 'highway' includes rights of way, bridges, ferries, drainage structures, signs, guard rails, and protective structures connected with highways.
It means the division of the Bureau of Public Works responsible for the administration of highways, including regional, provincial or city departments, engineering divisions, districts, or offices equipped to discharge their duties.
Maintenance refers to constant repairs for smooth highways and operation of ferries, excluding extraordinary repairs or reconstruction. Construction involves supervising and actual building of highways and includes costs for right of way but excludes surveying and mapping. Reconstruction means widening or rebuilding highways to meet traffic needs adequately.
It is funded by the proceeds of the tax on motor fuel and other levies which are deposited into a special trust account. The funds are apportioned and expended according to the provisions of the Philippine Highway Act for highway maintenance, improvement, and construction.
Up to three percent of all moneys accruing to the Highway Special Fund may be deducted for administrative expenses including salaries, research, and other necessary expenditures.
Fifty percent of the apportionable sums are released for maintenance of existing roads, streets, and bridges, distributed among provinces, chartered cities, and municipalities. The other fifty percent is apportioned for improvement, paving, reconstruction, and construction of roads, streets, and bridges.
Any person who usurps a right-of-way, converts public highways to private use, obstructs the highway, or unlawfully uses highway ditches is punishable by a fine of not more than two hundred pesos or imprisonment for up to three months. Other offenses like altering boundaries or damaging highway property are punishable under the Revised Penal Code.
No money from the Highway Special Fund shall be spent during the 45 days immediately preceding any election except for maintenance work within monthly expenditure limits, payment for construction awarded by contract, or payment for preparing drawings, specifications, and preliminary procedures for construction.