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PRESIDENTIAL DECREE NO. 130
PRESIDENTIAL DECREE NO. 130 -
AMENDING CERTAIN Sections OF THE REVISED PHILIPPINE HIGHWAY ACT ADOPTED
AND DECREED UNDER PRESIDENTIAL DECREE NUMBERED SEVENTEEN AND FOR OTHER
PURPOSES
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I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution
as Commander- in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081, dated September 21, 1972, and
General Order No. 1, dated September 22, 1972, as amended, do hereby
order and decree:cralaw:red
Section 1. Sub-paragraph (a) of Section six of the
Revised Philippine Highway Act, adopted and decreed as part of the law
of the land under Presidential Decree No. 17, is hereby amended to read
as follows: chanroblesvirtualawlibrary
"(a) Administrative expenses. — So much as may be
required but not to exceed six per centum of all money accruing to the
Highway Special Fund and made available until expended, for
administering the provisions of this Act as the Secretary of Public
Works and Communications may deem necessary, of which four per centum
shall be allotted for administrative management and two per centum
shall be allotted for engineering management. These allocations shall
be used exclusively to pay the salaries and other operational expenses
of officials and employees of the Bureau of Public Highways engaged in
administrative management and engineering management, as defined in
this Act, SERVICES RENDERED IN THE AUDITING OF THESE FUNDS BY THE
GENERAL AUDITING OFFICE SHALL NOT BE CHARGEABLE AGAINST THE HIGHWAY
SPECIAL FUND." chanroblesvirtualawlibrary
Section 2. Sub-paragraph (f) of Section seven of the
same Act is hereby amended to read as follows:cralaw:red
"(f) A portion of the total maintenance fund, not to
exceed SEVEN per centum, shall be allocated to pay for maintenance
engineering as defined in this Act."
Section 3. Sub-paragraph (a) of Section eight of the
same Act is hereby amended to read as follows:cralaw:red
"(a) Provinces shall receive twenty-five per centum
of the current basic cost of maintenance per equivalent maintenance
kilometer of national road, referred to in subsection (b) of the
preceding section, for each kilometer of the actual physical length of
provincial road whose existence is RECOMMENDED by the Provincial
GOVERNOR and accepted by the Commissioner of Public Highways." chanroblesvirtualawlibrary
Section 4. Section nine of the same Act is hereby
amended to read as follows:cralaw:red
"Sec. 9. Fund for rehabilitation, betterment and
improvement. — The balance of the Highway Special Fund after deducting
the amounts allocated in the preceding sections shall be allocated for
the rehabilitation, betterment and improvement of national highways,
PROVINCIAL, CITY AND MUNICIPAL ROADS.
(a) FORTY per centum of this amount shall be
programmed for all national roads within the country in accordance with
the following priorities: First priority shall be given to
rehabilitation. If betterment works are required on a road section
identified as needing rehabilitation, both shall be programmed
simultaneously with equal priorities; Second priority shall be given to
replacement of temporary bridges; Third priority shall be given to
betterment of existing roads where the rehabilitation is not required;
and Fourth priority shall be given to the improvement of existing roads
to a higher class. chanroblesvirtualawlibrary
(b) THIRTY per centum of this amount shall be
allocated among the regional engineering divisions to be programmed
using the same priorities as specified in subsection (a) above. IN THE
EVENT TWO OR MORE PROJECTS ARE OF THE SAME PRIORITY, THE REGIONAL
DIRECTOR, IN THE EXERCISE OF HIS DISCRETION, SHALL DETERMINE WHICH OF
THESE PROJECTS SHOULD BE GIVEN FIRST PRIORITY.
(c) An amount not exceeding fourteen per centum of
the sums allocated in the preceding subsections (a) and (b) shall be
allotted for final design engineering and engineering supervision
associated with work paid for from this fund. chanroblesvirtualawlibrary
(d) THIRTY PER CENTUM OF THIS AMOUNT SHALL BE
PROGRAMMED FOR ALL NATIONAL-AID, PROVINCIAL, CITY AND MUNICIPAL ROADS
FUNDED PARTLY OR WHOLLY BY NATIONAL FUNDS WITHIN THE COUNTRY IN
ACCORDANCE WITH THE SAME PRIORITY AS SPECIFIED IN SUB-Section (A)
ABOVE. FOR THIS PURPOSE, EVERY PROVINCIAL ENGINEER/CITY ENGINEER SHALL
FROM TIME TO TIME SUBMIT PROGRAMS FOR REHABILITATION. BETTERMENT AND
IMPROVEMENT TO THE COMMISSIONER OF PUBLIC HIGHWAYS FOR APPROVAL."
Section 5. Section ten of the same Act is hereby
amended to read as follows:cralaw:red
"Sec. 10. Designation of existing and unabandoned
provincial, city or municipal roads. — Within ONE HUNDRED TWENTY days
after the passage of this Act and periodically as may be required by
regulations to be promulgated by the Commissioner of Public Highways,
the provincial board, city or Municipal Council concerned shall
designate the existing and unabandoned provincial, city or municipal
roads actually serving motor vehicular traffic upon which maintenanced
shall be expended and shall cause their respective PROVINCIAL or city
engineers to prepare a maintenance program and estimates thereon. Upon
approval of the road lengths, program and estimates by the Commissioner
of Public Highways, the provincial board or city council concerned
shall provide in their annual road and bridge budget an appropriation
in accordance with the amount required under the formula stated in
subparagraphs (d) and (e) of Section eight of this Act. Upon receipt by
the Commissioner of Public Highways of this certificate of availability
of local funds, he shall release the nationald provided in
subparagraphs (d) and (e) of Section eight hereof."
Section 6. Section eleven of the same Act is hereby
amended to read as follows:cralaw:red
"Sec. 11. Supervision and control of projects
financed by the Highway Special Fund. — The provisions of any existing
law, rules or regulations to the contrary notwithstanding, all work
PROJECTS financed by Highway Special Fund shall be under the direct
control and supervision of the Bureau of Public Highways, subject to
such laws, rules and regulations governing the prosecution of public
works projects; PROVIDED, HOWEVER, THAT LOCAL PROJECTS FINANCED BY
HIGHWAY SPECIAL FUND, WHETHER FOR MAINTENANCE REHABILITATION,
BETTERMENT OR FOR IMPROVEMENT SHALL BE UNDER THE DIRECT CONTROL AND
SUPERVISION OF LOCAL GOVERNMENTS; BUT THE BUREAU OF PUBLIC HIGHWAYS
SHALL HAVE THE AUTHORITY TO SET MAINTENANCE STANDARDS, PLANNING
REQUIREMENTS AND CONTROL PROCEDURES GOVERNING THE APPROVAL AND RELEASE
OF FUNDS AS NECESSARY TO CARRY OUT THE REQUIREMENTS OF Section EIGHT OF
THIS ACT, AND FOR THIS PURPOSE, TO INSPECT THE FINANCIAL ACCOUNTS,
WORKS RECORDS AND MAINTENANCE WORKS OF LOCAL AUTHORITIES." chanroblesvirtualawlibrary
Section 7. These amendments are hereby adopted and
approved, and made part of the Revised Philippine Highway Act.
Section 8. All Acts, decrees, orders, rules and
regulations or parts thereof inconsistent with the provisions of this
ACT are hereby repealed, amended or modified accordingly.
Section 9. This Decree shall take effect July 1, 1973.
Done in the City of Manila,
this 15th day of February, in the year of the Our Lord, nineteen
hundred and seventy-three.
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