Law Summary
Definitions
- "Highway" includes roads, bridges, ferries, drainage, signs, guard rails, and protective structures.
- "Division of Highways" refers to the Bureau of Public Works’ highway administration division and its branches.
- "Maintenance" means routine repairs preserving smooth roads, excluding extraordinary repairs or reconstruction.
- "Construction" entails supervision, inspection, actual building, and associated costs, excluding surveying.
- "Reconstruction" is widening or rebuilding roads to meet traffic needs.
- "Improvement" involves repairing with superior materials or workmanship beyond ordinary maintenance.
- "Local funds" include province, city, and municipal revenues except Highway Special Fund apportionments.
- Roads classified as primary, secondary, or feeder based on their function and continuity.
- Vehicle-kilometer is a measurement unit representing motor vehicle passage over road sections.
- "Right-of-way" refers to land reserved for highway purposes.
Highway Revenue Disposition
- Taxes on motor fuel deposited in the Highway Special Fund, used per this Act.
- Deductions from the Fund: up to 3% for administration, up to ₱2.5 million and afterward 1% for equipment and machinery, and 6% for emergency contingencies.
- Unused contingent funds may be reallocated for road survey and improvement.
Apportionment of Funds
- Maintenance funds (50% of apportionable sums) released quarterly at minimum ₱5 million or every quarter.
- The other 50% allocated for improvement, reconstruction, paving, and construction.
- Maintenance fund apportionment formula: municipalities (15%, by population); provinces and cities equally (30%); provinces and cities by road length (40% with adjustments); and motor vehicle registration (15%).
- National aid for local roads based on reciprocal shares and maintenance agreements.
- Improvement funds distributed by potential development area (60%), vehicle-kilometerage (20%), property assessments (15%), and equal municipality shares (5%).
- Secretary of Public Works may provide discretionary funds to provinces or cities with significant temporary bridges.
- Provinces and cities must maintain existing roads to qualify for national aid; approval required for "national aid" highways.
Municipal Roads
- Municipal councils designate roads for municipal fund expenditure.
- Must formulate maintenance programs and report progress.
- Secretary may withhold funds if misused.
Highway System Mapping
- Secretary must annually publish maps of approved primary and "national aid" highway systems.
Improvement and Construction Administration
- Division of Highways oversees "national aid" highway projects.
- Contracts exceeding ₱10,000 to be awarded by public bidding.
- Construction must use durable materials appropriate to traffic needs and locality.
- Rights of way and minimum widths established by standards.
- Engineering costs capped at 10% of construction cost.
Organization and Personnel
- Positions compensate from the Highway Special Fund; appointments made based on merit and service length.
- Transfers and appointments follow civil service rules.
- Personnel policies promote efficiency with in-service training, promotions, and rotation every 2-6 years.
Budget and Accounting
- Division of Highways prepares annual budgets approved by Secretary and President.
- Maintenance funds released automatically without need for additional budget submissions.
- Separate highway equipment account established for purchase and maintenance of machinery and vehicles.
- Preference to locally produced materials when quality and cost are comparable.
Integrated Highway System
- Secretary to review and classify roads to establish integrated primary and secondary highway systems within one year.
- Plans prioritize military highway needs and assure continuity.
- Updated system established by Presidential Executive Order.
Rules, Regulations, and Reporting
- Secretary to issue necessary rules to implement the Act and ensure highway protection and traffic safety.
- Annual report to the President detailing projects, expenditures, personnel, and recommendations.
- Special reports as requested by Congress.
Special Provisions and Penalties
- Spending from Highway Special Fund prohibited 45 days before elections except for maintenance, awarded contracts, and preparation costs.
- Penalties for usurpation of right-of-way, obstruction, or misuse of highway property include fines up to ₱200 or imprisonment up to 3 months.
- Offenses affecting highway boundaries or damaging highway facilities penalized under the Revised Penal Code.
- Increased penalties apply if obstruction or damage results in accidents.
Final Provisions
- Repeals inconsistent prior laws such as the Philippine Road Law and related orders.
- The Act takes effect upon approval, except key sections related to fund dispositions effective January 1, 1954.