PHILIPPINE JURISPRUDENCE US SUPREME COURT JURISPRUDENCE

ChanRobles On-Line Bar Review

Search for www.chanrobles.com


Bookmark and Share

PRESIDENTIAL DECREES


CLICK HERE FOR THE LATEST PHILIPPINE LAWS, STATUTES & CODES

MALACAÑANG
M a n i l a

PRESIDENTIAL DECREE No. 702 May 16, 1975

FURTHER AMENDING SECTION TWO OF PRESIDENTIAL DECREE NUMBERED FOUR HUNDRED AND FIFTY-EIGHT, AS AMENDED, CREATING THE DEPARTMENT OF PUBLIC HIGHWAYS

WHEREAS, the construction, rehabilitation, betterment, improvement and maintenance of rural roads and bridges are of paramount importance, as they are the traffic generators that provide the link to the main arteries of transportation from the rural to the urban areas;

WHEREAS, the speedy and efficient construction, rehabilitation, betterment, improvement and maintenance or rural roads and bridges would create better incentive for the people particularly the farmers to increase their production output, as they would be assured of an adequate and convenient facilities for transport and for marketing their products;

WHEREAS, providing the people particularly those in the rural areas with adequate, safe and convenient facilities in transporting their products would stabilize and reduce prices of their commodities and thereby foster economic progress;

WHEREAS, There is at present no specific bureau of office under the Department of Public Highways, charged with the responsibility of formulating and developing policies, plans, programs and standards for the construction, rehabilitation, betterment, improvement and maintenance of rural roads and bridges, and the same is being undertaken by different agencies;

WHEREAS, in order to insure a more integrated planning and programming scheme directed towards the establishment of an efficient transport system responsive to the attainment of the economic development goals of the country, it is imperative that a specialized agency be created for this purpose.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order:

Section 1. Sec. 2 of Presidential Decree No. 485, as amended to read as follows:

"Sec. 2. Organization of the Department of Public Highways. The Department of Public Highways, hereinafter called the department, shall be composed of a Department Proper made up of the immediate Office of the Secretary, the Planning Service, the Administrative Service, the Financial and Management Service, the Project Execution Service and the Special Projects Service; three bureaus, namely: (a) the Bureau of Construction and Maintenance, (b) the Bureau of Equipment, and (c) the Bureau of Barangay Roads; and the Regional and District Offices."

Sec. 2. Functions of the Bureau of Barangay Roads. The Bureau shall essentially be a staff bureau performing advisory, consultative and specialized staff functions, shall coordinate with respect to the construction, rehabilitation, betterment, improvement and maintenance of barangay roads and bridges in so far as national funds are concerned; shall formulate and develop for the Secretary policies, plans, programs and standards for the construction, rehabilitation, betterment, improvement and maintenance of barangay roads and bridges within a province, city, municipality and barangay.

Sec. 3. Organization of the Bureau of Barangay Roads. The Bureau shall be headed by a Director and assisted by an Assistant Director who shall be appointed by the President upon recommendation of the Secretary of Public Highways.

It shall be composed of four (4) divisions, namely: the Administrative Division; the Construction, Rehabilitation, Betterment and Improvement Division; and the Maintenance Division.

Sec. 4. Organization of the Different Division:

1. The Administrative Division shall be headed by an Administrative Officer V and assisted by an Administrative Officer III who shall be appointed by the Secretary of Public Highways upon the recommendation of the Director of the Bureau of Barangay Roads. It shall be responsible for personnel, information, legal and general services.

2. The Planning, Programming, Design and Survey Division (PPDSD) shall be headed by a staff Civil Engineer as Chief of the Division, and assisted by an Assistant Staff Civil Engineer as Assistant Division Chief, who shall be appointed by the Secretary of Public Highways upon the recommendation of the Director of the Bureau of Barangay Roads. The PPDSD shall be responsible for undertaking the planning, programming and design of feeder roads and bridges, including the necessary survey and location work, formulate specifications and prepare estimates.

3. The Construction, Rehabilitation, Betterment and Improvement Division shall be headed by a Staff Civil Engineer as Chief, CRBI Division, and assisted by an Assistant Staff Civil Engineer as Assistant chief, CRBI Division, who shall be appointed by the Secretary of Public Highways upon the recommendation of the Director of the Bureau of Barangay Roads. The CRBI Division shall be responsible for exercising technical supervision over all the activities relating to construction, rehabilitation, betterment and improvement of feeder roads and bridges, establish policy guidelines; extend consultative service, and set standards and procedures for construction, rehabilitation, betterment and improvement works.

4. The Maintenance Division shall be headed by a Staff Civil Engineer as Chief, Maintenance Division and assisted by an Assistant Staff Civil Engineer as Assistant Chief, Maintenance Division who shall be appointed by the Secretary of Public Highways upon the recommendation of the Director of Barangay Roads. The Maintenance Division shall be responsible for exercising technical supervision over all activities relating to maintenance of barangay road and bridge projects being undertaken by field offices and local governments including barangays; and extending consultative service by setting standards and procedures for maintenance works.

Sec. 5. Appropriations. All national funds appropriated and programmed by the Department of Public Highways for the construction, rehabilitation, betterment, improvement and maintenance of barangay roads and bridges including the shares of provinces, cities, municipalities and the allocation for the maintenance of farm-to-market or feeder roads and bridges within a barangay area, from the Highway Special Fund, shall be released to the Department of Public Highways which shall then sub-allot them to the barangays but construction and maintenance shall be under the supervision of the Department of Public Highways through the Bureau of Barangay Roads.

Sec. 6. Special Provisions. In the implementation of projects falling under this Decree, the following provisions shall be strictly observed:

(a) Functions The Secretary of the Department of Public Highways shall issue guidelines and policies regarding the function of the different Divisions and Sections within this Bureau.

(b) National Aid Maintenance for feeder of Farm-to-Market Roads within Barangay Area;

(aa) For purposes of determining the maintenance allocations for municipalities and barangays, there should be separate inventory of such roads within the poblacion and barangay area to be submitted by the municipal and barangay councils respectively and duly approved by the Secretary of Public Highways.

(bb) National Aid Maintenance Fund for the Maintenance of Feeder or Farm-to-Market Roads within Barangay Area shall be released in the same manner under which maintenance aids to provinces, cities and municipalities are released; however, there shall be no counterpart fund requirement.

(cc) National Aid Maintenance funds for Feeder or Farm-to-Market Roads within Barangay Area shall be sub-alloted to Barangay officials concerned who have been duly authorized by law to receive and disbursed Barangay Funds, otherwise in the absence thereof, to the Municipal Treasurer concerned, thru the Office of the Highway District/City Engineer.

(dd) The Barangay Council, in coordination with the Highway District Engineer/City Engineer shall undertake maintenance work of feeder or farm-to-market roads within its barangay area in accordance with the program of work duly approved by the respective Highway District or City Engineer; however, in case where the capability of the barangay council to maintain road are limited or they fail to maintain adequately the road, the Highway District/City Engineer concerned shall take over, upon recommendation of the Highway Regional Director.

Sec. 7. All existing laws, rules and regulations inconsistent with this Decree are hereby modified amended or revoked.

Sec. 8. This Decree shall take effect upon its approval.

DONE in the city of Manila, this 16th day of May, in the year of Our Lord, nineteen hundred and seventy-five.