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PRESIDENTIAL DECREE NO. 320
PRESIDENTIAL DECREE NO. 320
- FURTHER AMENDING CERTAIN PROVISIONS OF THE REVISED PHILIPPINE HIGHWAY
ACT, AS AMENDED BY PRESIDENTIAL DECREES NUMBERS SEVENTEEN AND ONE
HUNDRED THIRTY
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WHEREAS,
Republic Act 917, otherwise known as the Philippine Highway Act of
1953, was previously amended by Presidential Decrees Nos. 17 and 130,
for the purpose of providing road maintenance funds for national,
provincial, city and municipal roads; chanroblesvirtualawlibrary
WHEREAS, the sums set aside for the Contingent Fund and the
Discretionary Fund from the Highway Special Fund as provided in the
existing law are inadequate to effectively carry out the purposes for
which they are intended;chanroblesvirtualawlibrary
WHEREAS, there is need to increase the Contingent and Discretionary
portions of the Highway Special Fund to effectively carry out the
purposes of the law;chanroblesvirtualawlibrary
WHEREAS, the present provisions of this act have fixed a realistic
requirement for maintenance funds for provinces, cities and
municipalities and a nationald share based on their capacity to partly
shoulder the cost of maintenance work in accordance with the amounts
accruing to their road and bridge funds;chanroblesvirtualawlibrary
WHEREAS, after the approval of this amendment there was enacted
Presidential Decree No. 144 which revised the distribution of income
derived from taxes to the local governments and which affected the
available road and bridge funds of provinces, cities and
municipalities. chanroblesvirtualawlibrary
WHEREAS, in view of this new development, it is necessary to revise the
nationald share that should be provided to provinces, cities and
municipalities from the maintenance funds to conform with the changes
in the amounts accruing to their road and bridge funds as a result of
the implementation of Presidential Decree No. 144.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution as
Commander-in-Chief of 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 promulgate this
decree as part of the law of the land.
Section 1. The provision of Subparagraph (c), Section
6 Article III of Republic Act 917, as amended, is hereby amended to
increase the allocation for contingent emergency expenditures from five
per centum to ten per centum of the Highway Special Fund.
Section 2. The provision of Subparagraph (d), Section
6, Article III of Republic Act 917, as amended, is hereby amended to
increase the allocation for Discretionary Fund from five per centum to
ten per centum of the Highway Special Fund. chanroblesvirtualawlibrary
Section 3. The following provisions of Section 8,
Article IV of Republic Act 917, as amended, are further amended to read
as follows:cralaw:red
"Sec. 8. Nationald-Highway Maintenance Fund. — The
appointment for nationald for maintenance of local roads shall be
determined as follows:cralaw:red
(a) Provinces shall receive fifty 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.
(b) Nationald for city roads shall be thirty-three
and one-third per centum of the current basic maintenance cost per
equivalent maintenance kilometer of national road, for each kilometer
of city road and street established by the City Council and approved by
the Commissioner.
(c) Nationald for municipalities shall be thirty per
centum of the current basic maintenance cost per equivalent maintenance
kilometer of national road, for each kilometer of municipal road whose
existence is established by the Municipal Council and approved by the
Commissioner of Public Highways or his designated
representative. chanroblesvirtualawlibrary
(d) In order to qualify for nationald for said
maintenance, provinces, cities and municipalities programs, two months
prior to the start of each new financial year, for the entire network
of roads under their jurisdiction for approval by the Commissioner of
Public Highways. Provinces, cities and municipalities shall also be
required, on quarterly basis, to provide certification by the
provincial, city or municipal treasurer, respectively, that counterpart
road and bridge funds have been appropriated by the municipality, city
or province. Certifications made by municipal treasurers shall be
attested to by their respective provincial treasurers. The counterpart
road and bridge funds to be appropriated by provinces shall be equal to
one-half of the amount of nationald; the counterpart road and bridge
funds to be appropriated by cities shall be twice the amount received
as nationald, and the counterpart road and bridge funds to be
appropriated by municipalities shall be two-thirds of the amount
received as nationald.
(e) Notwithstanding these provisions to the contrary,
provinces, cities and municipalities whose road and bridge funds are
insufficient as certified by the provincial, city or municipal
treasurer concerned, to provide the road maintenance counterpart, if
all the legally required local road and bridge funds of the
municipality, city or province were applied to road maintenance to the
extent required to complete their approved maintenance program, may,
upon certification of the Secretary of Finance, be granted assistance
from national funds by the President, subject to an absolute limit on
financial assistance and nationald of three halves, or
one-and-one-half, the nationald share for provinces, three times the
nationald share for cities, and five-thirds the nationald share for
municipalities, as described above in subparagraph (a) and
(b). chanroblesvirtualawlibrary
(f) If the sum total of nationald and counterpart
funds provided to any local government under the provisions of this
section exceeds the approved maintenance program, the program may be
expanded to include rehabilitation, betterment and improvement works on
roads within the jurisdiction of said local government, as approved by
the Commissioner of Public Highways, or his designated representative."
Section 4. This decree shall take effect upon its
approval. chanroblesvirtualawlibrary
Done in the City of Manila,
this 23rd day of October, in the year of Our Lord, nineteen and
seventy-three.
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