Apportionment for improvement, reconstruction and construction.
Section 10
SEC. 10. Apportionment for improvement, reconstruction and construction.— Regular share.—The sum set aside in section eight of this Act for improvement, reconstruction, pacing, and, wherever practicable, for construction of roads, streets and bridges shall be distributed as follows: Sixty per centum to provinces and chartered cities in proportion to the potential area (uncultivated and undeveloped) available for agricultural and industrial purposes including commercial timber lands as shown by the latest census or data available in the Department of Agriculture and Natural Resources, and populated but isolated areas that are served only by existing trails, bullcart-roads and other unclassified roads, to be distributed to provinces and cities. Twenty per centum to provinces and chartered cities in the ratio which the vehicle-kilometerage of the province or, city bears to the total vehicle-kilometerage recorded in the entire Philippine Highways System as computed from traffic-flow charts or maps of the different provinces and cities based on the annual average daily traffic count observed on all classes of national and on first and second-class provincial and city roads according to the latest available data: Provided, That for the purposes of this paragraph, two-thirds of the vehicle-kilometerage of roads or road sections already paved with concrete and other high-type pavements shall be excluded in computing the number of vehicle-kilometers used as basis of proportioning under this paragraph. Fifteen per centum to provinces and chartered cities in proportion to the amount of property assessments. Five per centum to be distributed equally among ail municipalities in the Philippines. Discretionary funds.—After allocating the regular share as provided in this section, the remainder of the sum set aside in section eight of this Act shall be used by the Secretary of Public Works and Communications to increase the regular share of any province or city maintaining temporary timber bridges and other non-permanent stream-crossing facilities exceeding in aggregate length one-half of one per centum of the total lineal meters of such temporary structures still existing in the Philippine Highway System as shown by the latest available inventory of highway facilities: Provided, That the total of such discretionary-additional share of any province or city shall not exceed thirty per centum of its regular share. The remainder shall be used at the discretion of the Secretary of Public Works and Communications as further aid to any province or city for the construction, reconstruction and improvement of any road integrated into the national system and of any provincial or city road integrated into the "national aid" system. The Secretary of Public Works and Communications may use the unexpended contingent fund and the balance of the improvement fund to aid municipalities for the improvement or construction of municipal roads provided that such municipalities shall defray one-third of the cost of improvement or construction. National aid for improvement, reconstruction, paving and construction of provincial and city roads.—The national aid to be extended to any province or city for the improvement, reconstruction, paving and, wherever practicable, construction of provincial or city roads, streets and bridges shall be taken from the combined regular and discretionary-additional shares apportioned to each province or city under this section. The Secretary of Public Works and Communications shall determine the amount of such aid to provincial and city roads but shall not transfer any portion of the share of the province or city under this section to any project outside such province or city. Within sixty days after the passage of this Act, and within thirty days after the close of each fiscal year thereafter, the provincial board or city council concerned shall select, designate and submit thru the Director of public Works for approval by the Secretary of Public Works and Communications a system of provincial or city "national aid" highways not to exceed ten per centum of the total highway kilometerage of such province or city as shown by the records of the Division of Highways at the time of the passage of this Act. The Director of Public Works shall likewise within sixty days after the passage of this Act recommend to the Secretary of Public Works and Communications the primary and secondary national roads that shall form the nucleus of an expanding primary and secondary national and "national aid" systems of roads as planned in a physical program to be prepared by the Division of Highways. Upon this system of primary and secondary national and "national aid" provincial and city highways all the regular and discretionary-additional shares apportioned to each province or city under this section shall be expended, until otherwise modified as a result of any action taken pursuant to Article VIII of this Act. In approving provincial or city projects to receive "national aid" under the provisions of this section, the Secretary of Public Works and Communications shall give preference to such projects as will expedite the completion of an adequate and connected system of highways inter-town in character and correlated to the primary system to be financed wholly by the National Government. He shall have the authority to approve in whole or in part the system as designated by the province or city, or to require modifications or revisions thereto: Provided, That the province or city concerned shall submit to him for his approval any proposed revisions of the designated highways above provided for: Provided, further, That the subsequent modifications or revisions are not made oftener than once every three years and do not affect more than twenty per centum of the total kilometerage already designated at a time. No "national aid" shall be authorized by the Secretary of Public Works and Communications under this section unless the provincial board or city council concerned has adequately provided for the maintenance of existing and unabandoned roads, streets and bridges as required under section nine paragraph (b) of this Act. The Secretary of Public Works and Communications may approve projects submitted by the province or city prior to this selection, designation and approval of the system of "national aid" highways herein provided for if he may reasonably anticipate that such projects will become a part of such system. Whenever provisions have been made by any province of city for the adequate maintenance of a system of "national aid" highways and there still remains a substantial sum for improvement, reconstruction, paving and construction of roads in their local funds, the provincial board or city council concerned may apply to the Secretary of Public Works and Communications for additional "national aid" for such roads, streets or bridges as said board or city council may select. If the Secretary of Public Works and Communications finds the projects feasible and there is a balance in the share of the province or city under this section still available for such projects equivalent to eighty per centum of the estimated cost of such projects, he may in his discretion authorize the release thereof on the condition that the province or city concerned put up the other twenty per centum, of the cost of such projects from local funds. The Secretary of Public Works and Communications may promulgate the necessary rules and regulations to govern the release and expenditure of such additional aid. Nothing in this section or the preceding section shall be construed as prohibiting any provincial or city government from maintaining or constructing any road projects, outside of the "national aid" system herein created, if the province or city concerned can independently assume the burden of financing the construction and maintenance of the same. Aid for roads and for bridges to be constructed under the provisions of Act Numbered Three thousand five hundred, as amended.—The Secretary of Public Works and Communications may authorize the use of the sum available for improvement, reconstruction and construction for the payment of sinking fund and interest on loan that the province or city may be able to secure for the construction of any bridge, or improvement, reconstruction or construction of any road section in the "national aid" system, from any banking institution, or from the revolving fund for toll bridges created under Act Numbered Three thousand five hundred, as amended in the next section of this Act.