Republic of the Philippines

Province of Bukidnon
City of Valencia
BARANGAY SAN CARLOS

OFFICE OF THE SANGGUNIANG BARANGAY

EXCERPTS FROM THE MINUTES OF THE 15 th REGULAR SESSION FOR CY: 2022
OF SANGGUNIANG BARANGAY OF SAN CARLOS, CITY OF VALENCIA,
PROVINCE OF BUKIDNON, HELD AT BARANGAY OFFICE ON AUGUST 01, 2022.

Present:

Hon. Mariza T. Labe ----------------------- Punong Barangay/Presiding Officer

Hon. Junnie P. Gabucan ----------------------- Sangguniang Barangay Member
Hon. Virgilio A. Labitad Jr. ----------------------- Sangguniang Barangay Member
Hon. Jacqueline O. Caňete ----------------------- Sangguniang Barangay Member
Hon. Lanel Jane E. Quintanes ----------------------- Sangguniang Barangay Member
Hon. Willard O. Devila ----------------------- Sangguniang Barangay Member
Hon. Geralyn C. Baliling ----------------------- Sangguniang Barangay Member
Hon. Kennith Bert Q. Erazo ----------------------- Sangguniang Barangay Member
Hon. Barry C. Denuyo ----------------------- SK Chairman
Bae Marites M. Baclay ----------------------- PMR

Absent:
ORDINANCE NO: 05-S-2022

AN ORDINANCE PROHIBITING ANY OBSTRUCTION ON PUBLIC ROADS AND

OTHER SIMILAR PUBLIC PLACES WITHIN THE TERRITORIAL JURISDICTION OF
BARANGAY SAN CARLOS, VALENCIA CITY, BUKIDNON.

Proponent: Hon. Junnie P. Gabucan

WHEREAS: pursuant to the directive of the President of the Republic of the Philippines,
His Excellency Rodrigo Roa Duterte, through Department of the Interior
and Local Government (DILG) Memorandum Circular No. 2019-121, the re-
claiming of public streets from public or private obstructions shall be
enforced by the Local Government Units;

WHEREAS: in a subsequent supplemental DILG Memorandum Circular No. 2019-167,

the Department hereby orders the continuity of the re-claiming of public
streets by institutionalizing sustainable mechanisms for the maintenance of
road clearing operations and the promulgation of necessary policies and
issuances to address all traffic and sidewalk concerns;

WHEREAS: on February 07, 2020, the Department of the Interior and Local
Government reiterated anew in DILG Memorandum Circular No. 2020-027
otherwise known as Continued Implementation of the Presidential Directive
to Clear Roads of Illegal Obstructions (Road Clearing 2.0) providing for: (1)
Additional Roles of Local Chief Executives; (2) Guidelines for Road
Clearing Operations; and (3) Monitoring, Assessment and Validation of
Road Clearing and Re-claiming Policy of the government;

WHEREAS: consistent with the declared policy of the State to safeguard life, health,
property and public welfare, Republic Act No. 7160 otherwise known as the
Local Government Code of 1991, Section 17 thereof empowers all local
government units to exercise such other powers and discharge such other

ORDINANCE NO. 05-S-2022 Page 1/6

 functions and responsibilities as are necessary, appropriate, or incidental to
efficient and effective provision of the basic services and facilities such as...
Maintenance of barangay roads and bridges and water supply systems;

BE IT ORDAINED, by the Sangguniang Barangay of San Carlos in a

regular
session assembled that:

SECTION 1. TITLE.

This ordinance shall be known as “AN ORDINANCE ENACTING THE ECOLOGICAL

SOLID WASTE MANAGEMENT IN ALL HOUSEHOLDS OF BARANGAY SAN
CARLOS, VALENCIA CITY, BUKIDNON.

SECTION 2. SCOPE OF APPLICATION.

This ordinance covers all kinds of obstructions on public roads and other public places
of Barangay San Carlos, Valencia City, Bukidnon committed by individuals, entities, and
companies other than those obstructions committed by persons while driving or
operating motor vehicles and all other forms of conveyances.

SECTION 3. DEFINITION OF TERMS.

As a general rule, words and phrases embodied in this ordinance not herein specifically
defined shall have the same meaning as found in legal dictionaries as well as in existing
laws. Provided that, the following terms as used in this ordinance, shall be construed to
mean:

a. Obstruction – are structures, materials, whether permanent or temporary,

movable or immovable or activities within the road right-of-way that impedes the
free and clear passage of motor vehicles or pedestrian and/or pose danger or
cause injury to motorists, pedestrians, or occupants of nearby structures;

b. Public Roads – are structures, materials, whether permanent or temporary,

movable or immovable, or activities within the road right-of-way that impedes the
free and clear passage of motor vehicles or pedestrian and/or pose danger or
cause injury to motorists, pedestrians, or occupants of nearby structures;

c. Road Right-of-way – shall mean the legal access established by usage with
precedence over others in a particular situation or place;

d. Sidewalk – means that portion of roadway assigned for the use by pedestrians,
which must be free from all forms of physical obstructions or anything found on it,
whether of value or not;

e. Sidewalk Vendor – means any person who sells or offers for sale any consumer
products, whether agricultural or manufactured, cooked foods and/or dry goods,
items, or articles, including any person who attends to these products intended to
be sold at any temporary location, sidewalk, alley vacant space or portion
thereof; and

f. Street – means any open space established by eminent domain including the
space above for access of vehicles and people, for the continuous flow of
vehicular traffic and pedestrian;

ORDINANCE NO. 05-S-2022 Page 2/6

Section 4. Prohibition
It shall be prohibited and considered unlawful for any person or group of persons, entity
or company to obstruct the free flow of people, goods and vehicles through the public
road network within the territorial jurisdiction of Barangay San Carlos, Valencia City,
Bukidnon by using, utilizing or otherwise appropriating any road, street, sidewalk, or
pedestrian walkway, avenue, alley, bridge, park and other public place or portion
thereof, for commercial or personal purposes. The prohibition includes all kinds of
obstructions such as but is not limited to:

A. Vehicles parked along public roads, shoulders, or sidewalks;

B. Vehicular terminals except in areas designated by the barangay for such

purposes;

C. Vending sites for any kind of item;

D. House encroachments that obstruct the road right-of-way, protruding gates, the
conduct of household activities, and tents, except those being temporarily used
for funerals and other similar activities;

E. Store encroachments and indiscriminate signage and advertisements;

F. Obstructing barangay outposts, halls, markers, directories, or fire hydrants;

G. Conduct of sports, sports facilities, and other related activities;

H. Drying of rice or other crops;

I. Construction materials including sand, gravel, cement, steel bars, logs, and the
like; and

J. Debris, waste materials, and junked items.

Section 5. The Barangay San Carlos Road Clearing Task Force

Within fifteen (15) days upon the approval of this ordinance, there shall be created
through an executive order, a special task for which shall be named the Barangay San
Carlos Road Clearing Task Force with the following composition:

Mariza T. Labe Punong Barangay Chairperson

Junnie P. Gabucan SB-Member/Co-Chair on Barangay Vice-Chairperson

Peace Order and Safety Committee

Albert A. Bacalso Barangay Tanod Member

Arnil S. Bangkil Barangay Tanod Member
Florido P. Cataraja Barangay Tanod Member
Armando B. Galendez Barangay Tanod Member
Teresito P. Garcia Barangay Tanod Member
Domingo P. Labe Jr. Barangay Tanod Member
Marlon B. Lagaylay Barangay Tanod Member
Arnulfo T. Nebria Barangay Tanod Member
Edmar C. Paglinawan Barangay Tanod Member
Joel G. Pahilanga Barangay Tanod Member
Alejandro B. Quintanes Barangay Tanod Member
Mario C. Ravina Barangay Tanod Member

ORDINANCE NO. 05-S-2022 Page 3/6

 Casmer R. Rivera Barangay Tanod Member
Fernando A. Senining Sr. Barangay Tanod Member
Ronel P. Tegoylo Barangay Tanod Member
Leonardo O. Umbao Jr. Barangay Tanod Member
George M. Yncierto Barangay Tanod Member

SECTION 6: FUNCTIONS OF BARANGAY SAN CARLOS ROAD CLEARING TASK

FORCE.

The Barangay San Carlos Road Clearing Task Force shall have the following duties and
functions:

A. Determine in accordance with the provision of this ordinance the obstructions in

the barangay;

B. Formulate a Plan of Action for the execution and implementation of this

ordinance;

C. Execute and implement the provisions of this ordinance on identified

obstructions;

D. Notify the owners who caused such obstructions the abatement to be made in
accordance with the provisions of this ordinance; and

E. Coordinate with the office of the City Mayor or any appropriate governmental
agency those obstructions that cannot be removed by the barangay.

SECTION 7: PROCEDURE FOR CLEARING OF ANY OBSTRUCTION UNDER THIS

ORDINANCE.

The following procedures shall be observed in abating any obstruction:

A. Any obstruction may be summarily removed if the owner of such structure has
agreed upon any verbal request made by the barangay, otherwise a written
notice shall be given to the owner to effect within fifteen (15) days the removal of
such obstruction;

B. Where after the lapse of fifteen (15) days, the obstruction is still existing, the
barangay shall notify the office of the City Mayor informing him of the fact that
such obstruction was not removed by the barangay despite the latter’s request
for its removal;

C. In cases where the obstruction involves permanent structure, the barangay may
directly notify the City Mayor of such fact;

D. In cases wherein structures or facilities are owned by utility service providers, the
barangay shall coordinate with the concerned utility company for the removal or
relocation of such obstruction; and

E. In cases of obstructing and/or hazardous trees, coordination with the Department

of Environment and Natural Resources shall be made by the barangay prior to its
removal.

SECTION 8: EXCEPTIONS

ORDINANCE NO. 05-S-2022 Page 4/6

For purposes of exempting an activity as an obstruction from the coverage of this
ordinance, the following criteria shall be observed:

A. That it has proper coordination and duly approved by the barangay in which the
duration of the activity is properly determined such as religious/community
activities (preaching, processions or holding of a wake or other affairs of the
community like fiesta celebration, games and amusement);

B. In cases of construction and repairs along public roads, equipment and materials
used in such undertaking shall not be considered as obstructions under this
ordinance, provided, that such undertaking has proper coordination with the
appropriate government office and duly approved by the latter;

C. In cases where such obstructions are necessary incidents dictated by reasons of

emergency to protect and save lives or properties from any calamity or public
danger whether natural or man-made; and

D. Other cases when expressly permitted or allowed by law or an ordinance

promulgated to meet a momentary necessity of order and public safety.

SECTION 9. REPEALING CLAUSE.

If for any reason or reasons, any provision of this ordinance be declared invalid, the
other provisions not affected thereby shall remain in full force and effect.

SECTION 10. SEPARABILITY CLAUSE.

All Barangay Ordinances, rules, and regulations or parts thereof that are in conflict with
or contrary to the provisions of this Ordinance are hereby repealed or modified
accordingly.

SECTION 11. EFFECTIVITY. This ordinance shall take effect immediately upon
compliance of the posting requirement following its approval.

RESOLVED FINALLY, that a copy of this ordinance be transmitted to the Sangguniang

Panglungsod of Valencia City, Bukidnon for review and appropriate action and be
furnished the office of the Honorable Mayor Azucena P. Huervas for information.

ENACTED.

UNANIMOUSLY APPROVED.

I HEREBY CERTIFY that the foregoing Ordinance is a true and accurate

copy of the Ordinance which was duly approved by the Sangguniang Barangay during
the 15th Regular Session for CY:2022 held on August 01, 2022.

Prepared by:

Ronel R. Malunes
Barangay Secretary

Concurred by:

ORDINANCE NO. 05-S-2022 Page 5/6

JUNNIE P. GABUCAN VIRGILIO A. LABITAD JR.
Sangguniang Barangay Member Sangguniang Barangay Member

JACQUELINE O. CAÑETE LANEL JANE E. QUINTANES

Sangguniang Barangay Member Sangguniang Barangay Member

WILLARD O. DEVILA GERALYN C. BALILING

Sangguniang Barangay Member Sangguniang Barangay Member

KENNITH BERT Q. ERAZO BARRY C. DENUYO

Sangguniang Barangay Member SK-Chairman

MARITES M. BACLAY
IPMR

Attested by:

MARIZA T. LABE
Punong Barangay

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