Republic of the Philippines ot DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT Ot BR DILG-NAPOLCOM Center, EDSA cor. Quezon Avenue, West Triangle, Quezon City www dig. gov.oh MEMORANDUM CIRCULAR No. 2022-. TO SUBJECT DATE ALL PROVINCIAL GOVERNORS, CITY MAYORS, MUNICIPAL MAYORS, PUNONG BARANGAYS, AND HEADS AND MEMBERS OF LOCAL SANGGUNIANS. ALL DILG REGIONAL DIRECTORS AND THE BARMM MINISTER OF THE INTERIOR AND LOCAL GOVERNMENT THE OIC, PHILIPPINE NATIONAL POLICE AND ALL LOCAL OPERATING UNITS OF THE PNP THE FIRE DIRECTOR, BUREAU OF FIRE PROTECTION AND ALL LOCAL OPERATING UNITS OF THE BFP IMPLEMENTATION OF ROAD CLEARING IN THE NEW NORMAL ‘JUN 20 2022 1, Background 1 4.2. Veh Section 17(a) of The Local Government Code of 1991 mandates local government units to exercise powers and discharge functions and responsibilities as are necessary, appropriate, or incidental to the efficient and effective provision of infrastructure facilities including local roads and bridges. Sections 447(a)(5-vi) and 458(a)(5-vi) of the aforementioned Code likewise mandate the Sangguniang Bayan and the Sangguniang Panlungsod respectively to approve ordinances regulating traffic on all streets and bridges, prohibiting encroachments or obstacles thereon, and, when necessary in the interest of public welfare, authorizing the removal of encroachments and illegal constructions in public places. On July 29, 2019, pursuant to the directive of President Rodrigo Roa Duterte during his fourth State of the Nation Address (SONA), this Department issued Memorandum Circular (MC) No. 2019-121, directing LGUs to clear roads of illegal structures and constructions. ““Matino, Mahusay at Maasahan,” Trunkline No. (02) 6876 34541.4, 15. 1.6. 17. 18. To expand the scope of MC 2019-121, and to provide additional guidelines for the orderly implementation of the same, this Department followed up on this initiative with the issuance of Memorandum Circular 2020-027, providing for the implementation of "Road Clearing 2.0," directing LGUs to conduct road clearing in all provincial, city, municipal, and barangay roads, and to closely coordinate with concerned national government agencies in the conduct of road clearing in all national roads. On March 14, 2020, Road Clearing 2.0 has been suspended in view of the public health emergency brought about by the COVID-19 pandemic. On October 27, 2020, this Department once again ordered the continuation of road clearing through DILG Memorandum Circular 2020- 145. A validation based thereon was conducted on February 16 to March 2, 2021, where 1,703 provincial, city, and municipal LGUs were assessed, On November 4, 2021, this Department issued DILG Memorandum Circular No, 2021-125 to provide for guidelines on the implementation of road clearing under the Alert Levels System. In view of the return to normal economic activity brought about by the decline in the number of COVID-19 cases and the de-escalation of Alert Levels in various parts of the country, there is a current need to resume the implementation of road clearing during the so-called new normal. 2. Purpose 24 This Memorandum Circular is issued to all local government units (LGUs), the Philippine National Police (PNP), and the Bureau of Fire Protection (BFP) to advise them of the resumption of the implementation of road clearing in the new normal, and to harmonize existing guidelines ‘on the same. 3. Definition of Terms 3.4. 3.2. 3.3. Barangay roads refer to minoritertiary roads, streets, and alleys under the management of the barangay, and other roads officially turned over to the barangay. City and municipal roads refer to roads which provide inter-barangay connection to major city/municipal infrastructure and those which connect barangay roads to provincial/national roads. National roads refer to roads which directly connect provinces, major cities, and metropolitan areas, and is under the management of national government agencies. Page 2 of 63.4. 3.5, roads refer to roads which connect component cities and municipalities in the province, and is under the management of the provincial government. Road clearing operations refer to the act of removing or causing to remove obstructions or encroachments to the road. 4, Policy Content and Guidelines 44. 42. Responsibilities of LGUs 4.1.1. All provincial governments shall: 444A. 41.1.2, Spearhead road clearing operations in all provincial roads, which may be conducted through or in coordination with concerned city and municipal governments; and ‘Supervise component city and municipal governments to ensure their compliance with the directives outlined herein. 4.1.2. All city and municipal governments are directed to: 41.2.4. 4.1.2.2, 41.2.3. 4124. Enact or review existing road clearing ordinance, in line with Item 4.2. of this issuance; Conduct regular road clearing operations in all city and municipal roads in the enforcementimplementation of the aforementioned road clearing ordinance; Maintain provincial roads cleared and turned over by the provincial government; and Supervise component barangays to ensure their compliance with the directives outlined herein. 4.1.3. All barangays shall: 4.13.1. 4.13.2. Conduct regular road clearing operations in all barangay roads, and implement policies for the efficient use of the same, such as the enforcement of no- parking, one-side parking, or other similar strategies, in accordance with the ordinance duly enacted by the Sangguniang Bayan/Panlungsod; Maintain city/municipal roads cleared and tumed over by the city/municipal government. Enactment of a Road Clearing Ordinance Page 3of643. 42.1, 4.2.2, 4.2.3. Pursuant to Sections 447(a)(5-vi) and 458(a)(5-vi) of The Local Government Code of 1991, all city and municipal governments, through the Sangguniang Panlungsod or Sangguniang Bayan, are directed to enact a road clearing ordinance, which shall provide the following, at the minimum: 4.2.1.1. A definition or enumeration of prohibited road obstructions or encroachments; 4.2.1.2, Procedure/process of giving due notice to violators; 4.2.1.3. Reasonable penalties imposed on violators; and 4.2.1.4. Awareness-raising and grievance mechanisms. The Sangguniang Bayan/Panlungsod may also include the following in their road clearing ordinance, if applicable: 4.2.2.1. Adisplacement strategy for those affected, such as the provision of altemative parking spaces, transfer of vendors to authorized vending sites, and resettlement or referral of homeless persons/occupants of obstructing shanties to the appropriate national government agency; and 4.2.2.2. Rehabilitation strategies for reclaimed roads, such as cleaning, greening, and installation of street lights. The Sangguniang Bayan/Panlungsod have the option to enact an entirely new road clearing ordinance or to integrate the above- mentioned provisions with their existing road/traffic management codes or ordinances. Conduct of Road Clearing Operations 43.4 43.2, 43.3. Local government units are directed to conduct regular road clearing operations in all local roads under their jurisdiction. LGUs may also conduct road clearing operations in national roads, which shall be undertaken in coordination with the national government agency concerned with the management of the said Toad, such as the Department of Public Works and Highways (DPWH), the Department of Transportation (DOTr), and the Metropolitan Manila Development Authority (MMDA). Road clearing operations shall be conducted on the existing road right-of-way, which shall include the sidewalk, road shoulders, and the travelway. This Memorandum Circular shall not be construed as an authority to conduct road widening projects. Page 4of644, 45. 46 43.4, 43.5. 43.6. 43.7. No encroachment or obstruction which are part of any building or permanent structure may be removed without due notice to the ‘owner thereof. This Memorandum Circular shall not be used as basis for the eviction of persons or demolition of dwellings not otherwise encroaching sidewalks or roads, which shall be governed by the provisions of Republic Act No. 7279 or the Urban Development and Housing Act of 1992. 4.3.5.1. Likewise, this issuance shall not be used to violate the property rights of homeless persons without just and valid causes. To ensure the continued conveyance of electricity, no electric pole shall be removed by LGUs under this Memorandum Circular without due coordination with the operator/owner thereof. 4.3.6.1. Obstructing electric poles may only be relocated following proper arrangement with the operator/owner of the said poles. 4.3.6.2. In cases where the obstruction caused by the electric pole poses imminent danger, the LGU concerned shall ensure that warning is provided to oncoming motorists and pedestrians pending the pole’s relocation. Obstructing trees may be removed by the LGU in accordance with the rules and requirements imposed by the Department of the Environment and Natural Resources. Role of the PNP and the BFP 444. Local operating units of the Philippine National Police (PNP) and the Bureau of Fire Protection are directed to provide the necessary support to LGUs in their implementation of road clearing. Role of DILG Regional/Provincial/City Directors and C/MLGOOs 45.1 45.2. All DILG Regional, Provincial, and City Directors shall be chiefly responsible with monitoring LGUs within their respective jurisdictions. C/MLGOOs shall provide the necessary technical assistance to the LGUs and assist Provincial and Regional Directors in the monitoring of their compliance herewith Monitoring and Validation Page 5 of 64.6.1. The compliance of city and municipal LGUs with Items 4.2. and 4.3. hereof will be monitored and validated, guidelines of which shall be provided by this Department in a succeeding issuance. 5. Effectivity This Memorandum Circular shall take effect immediately. All DILG Regional Directors and the BARMM Minister of the Interior and Local Government shall cause the immediate and widest dissemination of this Memorandum Circular within their areas of jurisdiction, 6, Penalty Failure to implement road clearing constitutes gross negligence and shall give rise to disciplinary proceedings against responsible LGU officials, pursuant to Section 60 of The Local Government Code of 1991 7. Repealing Clause All previous issuances inconsistent with or contrary to this Memorandum Circular are hereby repealed or modified accordingly. 8. Approving Authority EI AQ secretary OASSCLES-2022.04-19.004 OSECIOUSLGIOUSPOIOASSCLGSIOLPriam Page 6 of 6