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Republic of the Philippines
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
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OFFICE OF THE SECRETARY
Manila
July 29, 2019
MEMORANDUM
TO ALL REGIONAL DIRECTORS and DISTRICT ENGINEERS
Regions I, II, III, IV-A, V, and CAR
SUBJECT Removal of Obstruction Compliant to D.O. 73, Series of 2014
This is to reiterate compliance to the above mentioned subject department order to effectively
contribute to solve traffic problems caused by obstructions along our national roads and in line
with PRRD's pronouncement delivered in his SONA address directing all Mayors (LGUs) to clear
all obstructions in all public roads to provide free flowing traffic to the motorists. In light of this,
let us do our part in this undertaking in terms of our role/responsibility as defined in D.O. 73
series of 2014 thru tie-ups and in coordination with the LGUsand other offices with police powers
to jointly enforce and implement clearing up operations. Now is an appropriate time to jointly
intensify this undertaking, with the DILG to issue a Memorandum Circular to the LGUs (mayors)
to implement clearing within 45 days and for the LGUs to direct their respective barangay to
sustain implementation of clearing operations. Attached is a googled news clipping relative to the
45 days clearing sidewalks, and roads of obstructions addressed to the Mayors. We expect that
all obstructions and illegal structures encroaching within the ROW shall be removed immediately
but not after the issuance of due notices to the concerned party in accord with D.O. 73 series of
2014. Let this be an opportune time to address encroaching ROW issues sooner causing problems
in our future widening projects on national roads.
In this regard, please make the necessary coordination with the concerned LGUs in your AOR and
take part in the clearing operations in accord with our guidelines on the aforementioned D.O.
Submit a report of actions taken relative to this matter copy furnish the offices of Assistant
Secretary Pipo and Director Gregorio of BOM.
For information and strict compliance.
Cc: Secretary MARK A. VILLAR
MANAGEMENT COMMffiEE
Director ERNESTO S. GREGORIO, Bureau of Maintenance
2.1 MLSjLTRjERP
7/30/201 9 , Mayors given 45 days to clear sidewalks, roads of obstructions» Manila Bulletin News
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Mayors given 45 days to clear sidewalks,
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Non-compliant local executives face suspension - DILG
Updated July 25, 2019, 8:07 PM
By jel Santos
City and municipal mayors in the country were given 45 days to rid the sidewalks and roads in their areas of jurisdiction of obstructions or face investigation
and suspension.
Metro Manila mayors along with MMDA and DILGofficials convene on the first Metro Manila Council at the MMDA Headquarters in Orense, Makati City, Thursday, July 25,
2019. (MMDA PHOTO/ MANILA BULLETIN)
Department of Interior and Local Government (DILG) Undersecretary Epimaco Densing III said on Thursday that this is in compliance with the directive of
President Duterte during his fourth State of the Nation Address (SONA) on Monday.
The President reiterated his directive to the Metropolitan Manila Development Authority (MMDA) and all concerned local officials in Metro Manila, and all
other cities, to undertake immediate action to ensure the "speedy and smooth flow of vehicular traffic."
"Reclaim all public roads that are being used for private ends," Duterte ordered. "Marami diyan (There are so many)."
"Obstructions ang major cause ng traffic. Papalabasin namin 'yung Memorandum Circular binabanggit namin sa kanila. First, the DILG is requesting that all
mayors submit to us a road network in their respective cities. Then, magkaroon ng road audit para ma-identify lahat ng kalsada at bangketa na mayroong
illegal structures then hihingi kasi kami sa kanila ng plano kung paano magbabaklas ng illegal structures para malinis 'yung kalsada (Obstructions are the
major cause of traffic congestion. We will release a Memorandum Circular which we have mentioned to them. First. the DILG is requesting that all
mayors submit to us a road network map in their respective cities. Then, we will conduct a road audit to identify all roads and streets)," Densing said after he
got out of the Metro Manila Council (MMC) meeting at the MMDA headquarters in Makati City.
Densing said that officials of the DILG will be very strict and will be assigned to monitor the local government units (LGUs) in Metro Manila.
"Magiging mahigpit kami dito sa DILG. Just to emphasize, the undersecretaries and assistant sectaries of DILG will be assigned to respective LGUs here in the
metropolis para sila mismo mag-monitor sa Metro Manila (We in the DILG will be strict. Just to emphasize, the undersecretaries and assistant secretaries of
DILG will be assigned to respective LGUs here in the metropolis so that they will be the ones monitoring Metro Manila)," he said.
In the Memorandum Circular that the DILG will issue, Densing said once a mayor was proven to have committed "gross negligence and dereliction of duty" for
not being able to clean sidewalks and roads, he or she will be suspended.
"Within 45 days, kailangan po itong magawa. Sa MC (Memorandum Circular) kapag 'di nagawa within 45 days ang paglilinis, magkakaron tayo ng
imbestigasyon base sa binanggit ni Pangulong Duterte sa dialogue with the mayors once we see the gross negligence and dereliction of duty we can
recommend the suspension of the mayor. And the president, without second thought will sign our recommendation for suspension (Within 45 days, they
should do this. In the Memorandum Circular, should they not comply, a probe will be launched, based on what President Duterte has mentioned during a
dialogue with the mayors, once we see the gross negligence and dereliction of duty, we can recommend the suspension of the mayor. And the president,
without second thought, will sign our recommendation for suspension)," the DILG undersecretary said.
The implementation of the Memorandum Circular, according to Densing, will begin next week.
"We expect the Memorandum Circular to be out next week. It is being drafted right now and sa DILG nga pinag-uusapan 'yung mga detalye. Next week it will
be issued and the 45 days will start," he said.
For Manila Mayor Isko Moreno, he finds the 45 days given by the DILG as enough to clean a city of obstructions.
Densing said nobody in the MMC meeting opposed the 45-day deadline. (With a report from Chito Chavez)
READ.MORE: Local execs warned of stiffest p-unishment, unfavourable rep-ercussions for non-comp-liance with President Duterte's directives - DILG
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Republic of the Philippines
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-=1=. '. DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
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OFFICE OF THE SECRETARY
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Manila
Jl1L 0 7 201~'
DEPARTMENT ORDER ) SUBJECT PROHIBITED USES WITHIN THE
) RIGHT-Of-WAY Of NATIONAL
NO. 73 _
)
)
ROADS
Series of 201~ l>7. ""."1
The presence of fallen electrical and other utility poles, tangled/twisted
transmission/distribution and other lines of cable, communications and utility service
providers; and felled trees along national roads as a result of natural and man-made
calamities create imminent danger to lives and properties and hamper speedy relief
operations, prompt delivery of basic goods and services and the immediate restoration of
damaged public infrastructure facilities.
In view hereof, and pursuant to the provisions of Section 23 of Presidential Decree (PD) No.
17, also known as the Revised Philippine Highway Act, as amended, declaring as unlawful for
any person to usurp any portion of a right-of-way, to convert any part of any public highway,
bridge, wharf or trail to his own private use or to obstruct the same in any manner; and the
provisions of the National Building Code of the Philippines (PD No. 1096) and its
Implementing Rules and Regulations, and in the interest of public safety and convenience and
of the common good, all Regional/District Engineering Offices are hereby directed to
immediately remove or cause the removal of all obstructions and prohibited uses within the
right-of-way (ROW) of all national roads within their respective jurisdictions and henceforth
prohibit the presence/occurrence of the following structures, objects and such other similar
items and activities along our national roads as well as strictly disallow the building, erection,
construction, planting, and fabrication of the same, thus:
1. All kinds of temporary and permanent structures, such as buildings, houses, shanties,
stores, shops, stalls, sheds, canopies, billboards, signages, advertisements, fences,
walls, railings, basketball courts, barangay halls, garbage receptacles, and the like;
2. Posts and towers of Electric Cooperatives and Major Electric Power Distributors;
distribution lines; posts for cables of phones and mobile service providers;
3. Driveways and ramps occupying or protruding to the sidewalk;
4. Trees, shrubs, and plant boxes;
5. Humps, whether permanent or temporary;
6. Dumping and storage of construction materials, such as sand, gravel, cement, lumber
and steel bars, earth spoils, waste materials, debris, embankment, heaps, and the like;
7. Vehicles and equipment, including junked items that are parked, occupying or
protruding to the sidewalk or shoulder;
8. Vending, repair of vehicles, and other businesses within the sidewalk and other parts
~ROW; ,
Page 2 of 2 of DO?.J , s. 2014
9. Disposal of household/commercial/industrial wastewater and sewage into the
sidewalk, curb and gutter, and carriageway;
10. Raising of animals or allowing them to roam within the ROW;
11. Washing and drying of clothes, crops, and similar items;
Should clearing operations for road widening; improvement and/or rehabilitation are to be
conducted, no compensation shall therefore be paid and allowed on the removal of these
obstructions.
It is further directed that in cases where Applicants from Utility Agencies (collectively, Electric
Cooperatives and Major Electric Power Distributors, Phones, Mobile, and Cable Service
providers and the like) and its respective contractors shall request the construction, building
and/or erection of posts and towers for their distribution lines, subject Applicants should
therefore be advised that they should now commence the acquisition of their own right-of-
way to fulfill their specific mandate. Note further that in the context of this Order, the ROW
shall include the carriageway, curb and gutter, sidewalks, shoulders, canals and other portions
within the defined road right-of-way.
On obstructions, the following tabulated formats under Annexes"A"; "B"; and "C" hereof shall
be used by the Regional/District Engineering Offices with these duly filled-up formats to be
submitted to this Office (copy furnished the Bureau of Maintenance, this Department) every
end of the 1st and 2nd semester of the year.
1) Annex "A" : Inventory of Obstructions within the Right-of-way of National Roads;
2) Annex "B": Due notices to the concerned persons and entities of the noted
obstructions and prohibited uses and directing the voluntary removal of the same;
3) Annex "C": Status Report on the Removalof Obstructions.
This Department Order shall take effect immediately and shall supersede the following
Departmental issuances:
1) DO No. 29 s. 2012: Removal ot Illegal Structures and Obstructions within Right-ot-Way
ot National Roads;
2) DO No. 15 s. 2000: Tree Planting along National Roads;
3) DO No. 38 s. 2006: Amendment to Department Order No. 15, series ot 2000, Re: Tree
Planting along National Roads;
4) DO No. 52 s. 2003: Removal ot Obstructions and Prohibited Uses within the Right-ot-
Way ot National Roads
R GELIO L. SINGSON
~~_e __
c_r~tary ~~_
Department of Public Works and Highways
Office of the Secrelary_
111111111111111111111111.11111111111
WIN4102416
ANNEX A
INVENTORY OF OBSTRUCflONS WITHIN THE RIGHT-Of-WAY
OF NATIONAL ROADS
DISTRICT ENGINEERING OFACE ~ ~~~~~ REGION: ~~~ __
LOCATION OF DESCRIPTION OF
NAME OF ROAD
OBSTRUCflON OBSTRUC110N
DATE PREPARED: SUBMITTED BY:
District Engineer
NOTED:
Regional Director
Annex -,8
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
OFFICE OF THE DISTRICT ENGINEER
TO Mr./Ms.
Address: _
FROM District Engineer _
DATE
. SUBJECT: NOTICE OF OBSTRUCTIONS AND PROmBITED USES WITHIN
THE RIGHT-OF-WAY OF NATIONAL ROADS
o First Notice o Second Notice o Third Notice
Pursuant to the provisions of Section 23 of Presidential Decree (PD) No. 17· (Revised Philippine
Highway Act), as amended, which states that:
"It shall be unlawful for any person to usurp any portion of a right-of-way, to convert
any part of any public highway, bridge, wharf or trail to his own private use or to
obstruct the same in any manner x x x "
and the provisions of the National Building Code of the Philippines (pD NO. 1096) and its
Implementing Rules and Regulations, as well as other relevant laws and rules of the government, and
in the interest of public safety and the common good, you are notified of the following obstructions
and prohibited uses, which are marked x, within the right-of-way (ROW) of the national road in the
vicinity of your premises.
o Private temporary or permanent structures, such as buildings, houses, shanties, stores, shops,
stalls, sheds, posts, canopies, billboards, signages, advertisements, fences, walls, railings,
basketball courts, garbage receptacles, or the like.
o Construction materials, such as sand, gravel, cement, lumber and steel bars, earth spoils, waste
materials, debris, embankment, heaps, or the like.
o Plants or plant boxes.
o Driveways or ramps occupying or protruding to the sidewalk.
o Humps, whether permanent or temporary.
· , '
o Vehicles or equipment, including junked items, that are parked, occupying or protruding to the
sidewalk or shoulder.
o Vending, repair of vehicles, or and other businesses within the sidewalk or other parts of the
ROW.
o Disposal of domestic/commercial/industrial wastewater or sewage into the sidewalk, curb and
gutter, or travelway.
o Raising of animals or allowing them to roam within the ROW.
o Washing or drying of clothes, crops and similar items.
o Sports or related activities.
You are hereby given seven (7) days 1l from receipt of this notice within which to voluntarily remove
the abovestated obstructions and prohibited uses within the road right-of-way. If you fail to do so, we
will take appropriate measures to remove the said obstructions and prohibited uses and charge to you
the corresponding costs we would incur, and we will also resort to proper sanctions provided for by
existing laws and rules of the government.
We will highly appreciate your utmost cooperation on this matter.
District Engineer
Note: 1l Should be thirty (30) days in case underprivileged and homeless citizens are affected,
pursuant to Section 8 of Republic Act No. 7279.
This Notice was received by:
Date received: _
Voluntary Removal
I take note of the obstructions and prohibited uses within the road right-of-way as marked above, and I
will voluntarily remove the same within a period of U days starting on _
Name of Recipient
Date received: _
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