EASING TRAFFIC CONGESTION ON THE BASIS OF A

REVITALIZED PUBLIC ROADS USE

Maria Potenciana P. Pado

INTRODUCTION

Modern Road networks maketh our lives easier as we travel across

borders. Without roads, it would be hard for cars to travel and its nonexistence
can cause a fortune to vehicle operators and owners for car maintenance. Travels
of goods had equipment has been easier compared to the Early Roman Empire
Period.1

The function of these early road systems were: (1) for armies in line with
their defense against any form of invasion; (2) transportation of goods among the
neighboring communities.2

In history, roads had also been regulated for such reasons. The early
Saxon Laws imposed duties for the people to perform:

1. Repair roads and bridges;

2. Repair of garrisons and castles;
3. Aid repel invasions.3

There was also a decree that was made after the Norman Conquest of
England:

1. The Highway of the King is deemed sacred. Land owners should not
exceed their boundaries of the king’s land.

2. For those who live near the road, they are required to drain the road
and refrain from planting flora as it may cause inconvenience to

1
Brief History of Roads . https://steemit.com (last visited 8 August 2020).
2
Id.
3
Id.
 EASING TRAFFIC CONGESTION ON THE BASIS OF A REVITALIZED
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commuters. It was evident then that the public has the duty to protect
and maintain the roadway.4

However, as Historian Benito J. Legarda, Jr. observed, the principal mode

of transportation for the most part of the Spanish period was by water. 5

In the Philippines, the Department of Public Works and Highways or

DPWH has been long withstanding as the infrastructure arm. It started during the
Spanish Colonial Era. It was in 1900s when the transportation depended on
roads.6

National Roads are classified into:

Primary Roads - A contiguous length of significant road sections

extending linearly without any breaks of forks that connect major cities (At least
around 100,000 population) comprising the main trunk line or the backbone of the
National Road System.7

Secondary Roads - Directly connect cities to national primary roads

(except in metropolitan areas) or those not included in the category of major
cities. Likewise, said roads directly connect major ports, major ferry terminals,
major airports, tourist service centers, major government infrastructure to national
primary roads. They also directly connect provincial capitals within the same
region.8

Tertiary Roads – Other existing roads under DPWH which perform a

local function. 9

The building of infrastructure is a crucial part as it part of development of

a country and decentralization of the dense population in Metro Manila.

Manila has the second worst traffic congestion out of the 416 cities
surveyed around the world, according to a report by a location technology
specialist, a level of 71 percent. That means drivers spend an average of 71
percent extra travel time stuck in traffic. 10
4
Id.
5
T. B. Aquino. Essentials of Transportation and Public Utilities Law, 2014 Ed., p.1.
6
Brief History of Roads . https://steemit.com (last visited 8 August 2020).
7
www.dpwh.gov.ph 2019 Road Data (visited last 8 August 2020).
8
Id.
9
Id.
10
https://cnnphilippines.com “Manila’s Traffic Congestion is Second Worst in the World, Says

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 EASING TRAFFIC CONGESTION ON THE BASIS OF A REVITALIZED
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However, the government maintained that there is no traffic crisis in

Metro Manila.

Meanwhile, President Rodrigo Duterte, in his fourth State of the Nation

Address on 22 July 2019 proposed another solution to counter road congestion in
Metro Manila. Duterte instructed transports officials, specifically the Metro
Manila Development Authority (MMDA) to reclaim public roads used in private
purposes. Pleading to all concerned local officials to take immediate action to
ensure the speedy and smooth flow of vehicular traffic. 11 Presented was the 2018
report from Japan International Cooperative Agency (JICA) revealed that the
Philippines is losing P3.5 billion a day due to traffic congestion in metro manila
alone with a projection of P5.4 billion daily loss by 2035 if no interventions are
made.

The chief executive directed Secretary Eduardo M. Ano to oversee the

implementation of his order.

Paved the way to the enactment of Memorandum Circular No. 2019-121

issued on 29 July 2019 by the Department of the Interior and Local Government,
all local officials are enjoined to exercise their powers essential to reclaim public
roads which are being used for private ends and in the process, rid them of illegal
structures and constructions, within 60 days.1

The issue whether public roads use controls should be exercised by the
local or national government. The use of public roads controls to alleviate traffic
congestion raises unique issue of statutory authority and constitutional
interpretation.

The growth of the nation’s major metropolitan areas has overwhelmed the
capacity of federal state and local governments to use traditional capital
improvement finance programs implemented through techniques of taxation,
eminent domain and regulation to service the growing population with adequate
public facilities particularly in transportation.2

report”, 30 January 2020.

11
CNN Philippines Staff#SONA2019, July 22, 2019 available at http://cnn.ph (28 February 2020)
1
www.dilg.gov.ph (last visited 28 February 2020)
2
R.H. Freilich, S. Mark White “Transportation Congestion and Growth Management:
Comprehensive Approaches to Resolving America’s Major Quality of Life Crisis” digital
Commons@LMU and LLS 1991.

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 EASING TRAFFIC CONGESTION ON THE BASIS OF A REVITALIZED
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BACKGROUND

Roads make a crucial contribution to economic development and growth

and bring important social benefits. They are of vital importance in order to make
a nation grow and develop. In addition, providing access to employment, social
health and education services makes a road network crucial in fighting against
property. Roads are primary mean of transportation. They provide human access
to different places.3

It is the policy of the State to promote general welfare of the people by

regulating the use of sidewalks and public roads to ensure safe pedestrian passage
and clear obstructions to traffic and vehicular flow. Perhaps we need to enact the
legal status and purpose of public roads (to include sidewalks) to be used for
transportation that will be most beneficial to all.

Interventions to reduce the traffic congestion through the initiatives of the

local government units in reclaiming public roads including the sidewalks
occupied by private persons doing business without payment of just
compensation. The government has extended the clearing operations of road
obstructions nationwide including the Punong Barangays (Barangay Chairmen)
and barangay tanods within their area of jurisdiction to help under the guidelines
in DILG Memorandum Circular No. 027-2020.

Sec. 5 Art. II of the Constitution. The maintenance of peace and order, the
protection of life, liberty, and property, and the promotion of the general welfare
are essential for the enjoyment by all the people of the blessings of democracy.4
Revisiting existing laws related to public roads use in the Philippines, the
following are:

1. RA 917 “Philippine Highway Act of 1953”;5 -An Act to Provide

for an Effective Highway Administration, Modify Apportionment
of Highway Funds and Give Aid to the Provinces, Chartered Cities
and Municipalities in the Construction of Roads and Streets, and
for Other Purposes.

Sec. 30 provides for penalties – It shall be unlawful for any person

to usurp any portion of a right-of-way, to convert any part of any
3
https://www.quora.com (last visited 21 May 2020)
4
I.A. Cruz. Constituional Law. 370 (1995)
5
www.officialgazette.gov.ph (last visited 27 February 2020)

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 EASING TRAFFIC CONGESTION ON THE BASIS OF A REVITALIZED
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public highway, bridge, wharf or trail to his own private use or to

obstruct the same in any manner, or to use any highway ditch for
irrigation or other private purposes, and any person so offending
shall be punished by a fine of not more than two hundred pesos or
by imprisonment not exceeding three months.

2. Republic Act No. 4136 or The Land Transportation and Traffic

Code (June 20, 1964);6- An Act to Compile the Laws Relative to
Land Transportation and Traffic Rules, To Create a Land
Transportation Commission and For Other Purposes.

Section 46. Parking Prohibited in Specified Places.- No driver shall

park a vehicle, or permit it to stand, whether attended or unattended,
upon a highway in any of the following places:

(a) Within an intersection.

(b) On a crosswalk.
(c) Within six meters of the intersection of curb lines.
(d) Within four meters of the driveway entrance to and fire station.
(e) Within four meters of a fire hydrant.
(f) In front of a private driveway.
(g) On the roadway side of any vehicle stopped or parked at the
curb or edge of the highway.
(h) Any place where official signs have been erected prohibiting
parking.

Section 52. Driving or Parking on sidewalk.-No person shall drive or

park a motor vehicle upon or along any sidewalk, path or alley not
intended for vehicular traffic or parking.

3. P.D. No. 130 “Amending Certain Sections of the Revised

Philippine Highway Act under Presidential Decree Numbered 17
and for Other Purposes” (July 1, 1973);7

Section 4. Section 9 as amended: Fund for rehabilitation,

betterment and improvement. The balance of the Highway Special
Fund after deducting the amounts allocated in the preceding
sections shall be allocated for the rehabilitation, betterment and

6
www.lto.gov.ph (last visited 8 March 2020)
7
www.lawphil.net (last visited 13 April 2020)

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 EASING TRAFFIC CONGESTION ON THE BASIS OF A REVITALIZED
PUBLIC ROADS USE

improvement of national highways, provincial, city and municipal

roads.

Section 6. Section eleven as amended: Supervision and control of

projects financed by the Highway Special Fund. The provisions of
any existing law, rules or regulations to the contrary
notwithstanding, all work Projects … shall be under the direct
control and supervision of the Bureau of Public Highways…;
Provided, however, that the local projects financed by Highway
Special Fund, whether for maintenance, rehabilitation, betterment
or for improvement shall be under the direct control and
supervision of local governments…

4. P.D. No. 1216 “Defining “Open Space” in Residential

Subdivisions and Amending Sec. 31 of P.D. No. 957 Requiring
Subdivision
Owners to Provide Roads, Alleys, Sidewalks and Reserve Open
Space for Parks or Recreational Use (October 14, 1977);8

WHEREAS, such open spaces, roads, alleys and sidewalks in

residential subdivision are for public use and are, therefore,
beyond the commerce of men;

Section 1. For purposed of this Decree, the term “open space”

shall mean an area reserved exclusively for parks, playgrounds,
recreational uses, schools, roads, places of worship, hospitals,
health centers, barangay centers and other similar facilities and
amenities.

5. E.O. No. 621 “Amending Executive Order No. 113 s. 1955,

Establishing the Classification of Roads”.9

WHEREAS, in highly urbanized areas, both sides of the road are

occupied by residential houses and commercial buildings of
permanent construction;

WHEREAS, owners of these residential houses are reluctant to sell

portions of their lots and/or houses to provide road right-of-way for
8
www.chanrobles.com (last visited 28 March 2020)
9
www.lawphil.net (last visited 12 April 2020)

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 EASING TRAFFIC CONGESTION ON THE BASIS OF A REVITALIZED
PUBLIC ROADS USE

the minimum width requirement of national roads, as specified

under Executive Order No. 113, for the reason that they have no
other lots to move to, not to mention the sentimental reason that in
many instances these houses have been inherited from the forbears;

General Provisions as amended, “National roads shall have a right

of way of not less than twenty (20) meters, provided, that such
minimum width may be reduced at the discretion of the Minister of
Public Highways to fifteen (15) meters in highly urbanized areas,
and that a right of way of at least sixty (60) meters shall be
reserved for roads constructed through unpatented public land and
at least one hundred twenty (120) meters reserved through
naturally forested areas of aesthetic or scientific value.”
Art. 694 of the Civil Code of the Philippines provides that a nuisance is
any act, omission, establishment, condition of property, or anything else which:

(1) Injures or endangers the health or safety of others; or

(2) Annoys or offends the senses; or
(3) Shocks, defies or disregards decency or morality; or
(4) Obstructs or interferes with the free passage of any public highway or
street, or any body of water; or
(5) Hinders or impairs the use of property.10

 The MMDA Resolution No. 02-28 series of 2002 which authorized

the Metropolitan Manila Development Authority and the Local
Government Units (LGUs) to clear the sidewalks, streets, avenues,
alleys, bridges, parks, other public places in Metro Manila of all
illegal structures and obstructions; and
 Memorandum Circular No. 2019-121 issued on 29 July 2019 by
the Department of the Interior and Local Government which
ordered the local government units to clear road obstructions.
The DILG defined 11 types of road obstructions:
1. Vehicles parked in prohibited places along roads not intended for
vehicular parking;
2. Undesignated vehicular terminals;
3. Vending sites;

10
The Civil Code of the Philippines (1977)

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 EASING TRAFFIC CONGESTION ON THE BASIS OF A REVITALIZED
PUBLIC ROADS USE

4. Obstructing house-encroachment, protruding gates, the conduct of

household activities, tents, except those for temporary use such as for
funerals, etc.;
5. Store encroachments and indiscriminate signage and advertisement;
6. Obstructing barangay outposts, halls, markers, and directories;
7. Conduct of sports, sports facilities, and other related activities
8. Drying of rice or other crops;
9. Construction materials;
10. Debris, waste materials, and other junked ideas;
11. Other structures, materials, or activities identified by the LGU.11

Foreign Countries’ Laws.

A. Statute Law of the Bahamas: Roads Act -Chapter 201 An Act to make
provision for the establishment of public roads, for the control and
maintenance of public roads and for other purposes incidental thereto. 12

12. (1) Anyone who, except with the consent of the Minister, closes,
damages, deviates, disturbs, obstructs, erects any structure which projects
cover, or in any way encroaches or causes any nuisance upon any public road
shall be guilty of an offense and upon summary conviction shall be liable to a fine
of seventy-five dollars, and in the case of a continuing offense shall be liable
further fine of fifteen dollars for each day during which the offense continues. 13

(2) The Minister may take any necessary action to remove any
obstruction, abate any nuisance or prevent any damage to any public road and
for the purpose of any action, any person authorized by the Minister in that
behalf, may at all reasonable times enter upon any land adjacent to any public
road.14

13. Whenever any land is required for the purpose of the exercise of any
powers conferred upon the Minister under the provisions of this Act, such land
shall be acquired, and compensation paid therefore, in accordance with the

11
Loreben Tuquero, “DILG targets barangays in new 75-day road clearing campaign”, 17
February 2020 amp-rappler-com.cdn.ampproject.org (last visited 12 April 2020)
12
www.bahamas.gov.bs (last visited 12 August 2020).
13
Roads, faolex.fao.org>bha93817 (last visited 12 August 2020).
14
Roads Act Statute Laws of the Bahamas n.d-a, p. 7.

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 EASING TRAFFIC CONGESTION ON THE BASIS OF A REVITALIZED
PUBLIC ROADS USE

provisions of the Acquisition of Land Act, and such land shall be deemed to be
required for a public purpose within the meaning of that Act.15

17. Without derogation from the generality of the foregoing power, such
regulations may prescribe the conditions subject to which the Minister may permit
any temporary obstruction. Encroachment or work to be made or carried out on
any public road or part thereof and may prescribe the fees to be paid therefor by
any person who requires such permission.16

B. Law on Public Roads: Republic of Serbia

The Law regulates the legal status of public roads, condition and method of
management, protection and maintenance of public roads, sources and method of
financing public roads, special conditions for the development and rehabilitation
of public roads and inspectorate.17

Article 27 (IV) Protection of Public Roads

The holder of easement on a public road and other rights pursuant

to the law may carry out works on a public road (assembly and laying of
water pipes, sewers, distance, heating, railway track and other structures as
well as telecommunication and electrical lines, installations, facilities and
other) provided the exercise of such a right does not imperil road stability,
traffic, safety and traffic regime on a public road and provided a consent
of the public road manager has been obtained.18

Article 28

In the road Protection zone along a public road outside an urban

area development of any building construction, structures or placing of
installation or devices shall be forbidden except for a new pavement
construction needed for traffic on a public road and facilities, devices and
installations serving the public road and traffic.19

Article 31

15
Roads Act Statute Laws of the Bahamas n.d-b, p. 8.
16
Roads Act Statute Laws of the Bahamas n.d-c, p. 9.
17
Law on Public Roads-Putevi Srbije, https://www.putevi-srbije.rs (last visited 8 August 2020).
18
Law on Public Roads-Putevi Srbije, n.d-a, p. 10.
19
Law on Public Roads-Putevi Srbije, n.d-b, p. 10.

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 EASING TRAFFIC CONGESTION ON THE BASIS OF A REVITALIZED
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Fences, trees and plantations along national roads may be raised so

as not to obstruct sight distance and imperil traffic safety on a public
road.20

Article 33

The owner and/or holder of the land in the sight distance zones
shall, when requested by the public road manager, remove plants, fences,
trees, objects, materials, facilities, devices and structures under paragraph
2 hereof for the purpose of ensuring the sight distance on the road. The
person under paragraph hereof will be entitled to indemnification payable
by the public road manage on the grounds of the restricted use of the land
in the sight distance zone.21

Article 44

On a public road it is strictly forbidden to:

1. occupy the road in a temporary or permanent manner;

2. execute any works not related to new construction,
rehabilitation, maintenance and protection of the road;
3. execute any works by the holders of easement and other right
on the road that will damage the public road or imperil smooth
and safe traffic running;
4. discharge water, waste waters or other liquids, on the road;
5. stop road runoff particularly from a road ditch and a culvert in
the road bed and stop water flowing towards respective
recipients;
6. spill, leave or dump materials, objects and garbage onto the
road;
7. stain the road surface with oil, any other matter…;
18. stop or leave a vehicle that will interfere with road use;
19. do any act that will damage or may damage the road or
interfere
with traffic running; 22

The penalties are provided in Articles 95, 96, 97 and 99, the legal person
shall be liable for confinement from minimum of three months to one year for
20
Law on Public Roads-Putevi Srbije, n.d-c, p. 11.
21
Law on Public Roads-Putevi Srbije, n.d-d, p. 11.
22
Law on Public Roads-Putevi Srbije, n.d-e, p. 14.

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 EASING TRAFFIC CONGESTION ON THE BASIS OF A REVITALIZED
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criminal act with fines ranging from 10,000 Dinars up to 3,000,000 Dinars
depending the offense and violations committed.23

The Law took effect 01 January 2006.

Traffic congestion is when vehicles travel slower because there is too

much traffic on roads. This makes trip times longer, and increases queueing. This
is also known as a traffic jam. Congestion may result from a decrease in capacity,
for example accidents on the roads being closed.24

Public Roads- all streets, roads, bridges, highways, and other

thoroughfares constructed and maintained by the national government or by any
local government unit: Provided, that any road or sidewalk not falling under the
definition but which, upon determination by the appropriate local government, is
deemed public.25

It is important to understand what constitutes a public road for purposes of

the legislation. In the clearing operations conducted by the government, was there
violation in the constitutional provision “private property shall not taken for
public use without just compensation.”

PROOF OF THE CLAIM

The following are proposed bills in Congress:

House and Senate BILLS on public roads use and sidewalks

14th Congress-House Bill No. 05263
AN ACT PROVIDING FOR THE RESETTLEMENT, AID AND
REHABILITATION SERVICES FOR THE UNDERPRIVILEGED AND
HOMELESS CITIZENS AFFECTED BY DEMOLITION OF HOUSES
DWELLINGS ALONG DANGER AREAS SUCH AS ESTEROS, GARBAGE
DUMPS, RIVERBANKS, SHORELINES, WATERWAYS AND OTHER
PUBLIC PLACES SUCH AS SIDEWALKS, ROADS, PARKS AND
PLAYGROUNDS AS WELL AS THE VICTIMS OF DISASTERS AND
CALAMITIES AND THOSE AFFECTED BY GOVERNMENT

23
Law on Public Roads-Putevi Srbije, n.d-f, pp. 29-39.
24
http://www.definitions.net (last visited 13 April 2020)
25
https://www.senate.gov.ph (last visited 13 April 2020)

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INFRASTRUCTURE PROJECTS IN METRO MANILA AND FOR OTHER

PURPOSES
RATIONALE:
The Act is intended to help the underprivileged and homeless citizens who
suffered damages resulting from the demolition in or the clearing up of the danger
areas above-mentioned. It aims to provide funds for the immediate relief of the
displaced families.
15th Congress-House Bill Nos. 03227, 16th Congress- 02760 and 17th Congress-
03000
AN ACT PROVIDING FOR THE RESETTLEMENT, AID AND
REHABILITATION SERVICES FOR THE UNDERPRIVILEGED AND
HOMELESS CITIZENS AFFECTED BY THE DEMOLITION OF
HOUSES/DWELLINGS ALONG DANGER AREAS SUCH AS ESTEROS,
GARBAGE DUMPS, RIVERBANKS, SHORELINES, WATERWAYS AND
OTHER PUBLIC PLACES SUCH AS SIDEWALKS, ROADS, PARKS AND
PLAYGROUNDS AS WELL AS THE VICTIMS OF DISASTERS AND
CALAMITIES AND THOSE AFFECTED BY GOVERNMENT
INFRASTRUCTURE PROJECTS IN METRO MANILA AND FOR OTHER
PURPOSES.
RATIONALE:
The contemporary scheme and scene appear to travel in opposite direction
with the constitutional provisions espoused in Article XIII of the 1987
Constitution in so far as social justice and human rights are concerned.
Considering the 130,000 families living in subhuman environment-esteros,
bridges, dump sites, danger zones and the like – all over Metro Manila making
them truly vulnerable to both man-made and natural disasters.
15th Congress-House Bill No. 01337
AN ACT PROVIDING FOR THE SETTLEMENT, AID, AND
REHABILITATION SERVICES FOR THE UNDERPRIVILEGED AND
HOMELESS CITIZENS AFFECTED BY THE DEMOLITION OF
HOUSES/DWELLINGS ALONG DANGER AREAS SUCH AS ESTEROS,
GARBAGE DUMPS, RIVERBANKS, SHORELINES, WATERWAYS, AND
OTHER PUBLIC PLACES SUCH AS SIDEWALKS, ROADS, PARKS, AND
PLAYGROUNDS AS WELL AS THE VICTIMS OF DISASTERS AND

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 EASING TRAFFIC CONGESTION ON THE BASIS OF A REVITALIZED
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CALAMITIES AND THOSE AFFECTED BY GOVERNMENT

INFRASTRUCTURE PROJECTS IN METRO MANILA AND FOR OTHER
PURPOSES.

RATIONALE:
It has been observed that during rainy season, the Metro Manila
Development Authority (MMDA) aggressively keeps track of locating esteros
within Metro Manila to pinpoint possible danger areas. In order to avoid disasters
from happening, demolition of houses along the danger areas are resorted to
which resulted to thousands of families are displaced, others relocated to another
danger zone, in many cases to the sidewalks or alongside roads and other public
places.
As a protection of Filipino citizens, our 1987 Constitution under Section
10, Article XIII, provides that; “Urban or rural poor dwellers shall not be evicted
nor their dwellings demolished, except in accordance with law and in a just and
humane manner.”
16th Congress-House Bill Nos. 05943 and 17th Congress-03298
AN ACT PENALIZING THE USE OF PUBLIC ROADS AND
SIDEWALKS FOR COMMERCIAL AND PERSONAL PURPOSES
RATIONALE:
It has been observed that in cities, municipalities and barangays, the
roads, sidewalks and alleys are still not properly utilized. Sidewalks are occupied
by vendors and used as illegal transport terminals while roads and alleys are
blocked by illegal structures such as basketball courts or business stalls. Hence,
pedestrians are forced to walk on road which causes traffic congestion. Motorists
slow down to avoid accidents.
This bill seeks to penalize the illegal use of public roads and sidewalks to
ensure safety and public service to everyone.

16th Congress-House Bill No. 04986

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AN ACT PENALIZING THE WRONGFUL USE OF SIDEWALKS

AND PUBLIC ROADS IN ALL URBAN AREAS AND FOR OTHER
PURPOSES OR THE “SIDEWALK AND ROAD USE ACT”
It shall be unlawful to use public roads for parking, business, public utility
terminals and any other activity that tend to impede the free flow of traffic,
without securing permit from the authorities.

RATIONALE:
It seeks to penalize certain wrongful acts in the use of sidewalks and
public roads which are meant for the use and enjoyment of the general public for
the purpose for which they are built.
It is a fact that traffic congestion in urban areas result to economic losses
amounting to billions of pesos yearly. Should these road obstructions be cleared,
traffic flow will ease and a more robust economy will result.
17th Congress-House Bill No. 02561 and 18th Congress-House Bill No. 00504
AN ACT REGULATING THE USE OF SIDEWALKS AND PUBLIC
ROADS IN ALL URBAN AREAS AND FOR OTHER PURPOSES
This bill seeks to regulate the use of sidewalks and public roads which are
meant for the utilization and enjoyment of the general public for the purpose for
which they were built. This act enumerated prohibited acts on sidewalks and
public roads. It also provide for guidelines for application for permit on their
temporary use, implementing agencies and the penalties imposed.
RAIONALE:
Our roads are not built for personal and business purposes without permit
from the authorities. The urban areas have become congested that people tend to
disregard order and do things at their advantage. These resulted to economic
losses for the government.

“National Roads have a right of way of not less than twenty (20) meters,
provided, that such minimum width may be reduced at the discretion of the
Minister of Public Highways to fifteen (15) meters in highly urbanized areas and

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that a right of way at least sixty (60) meters shall reserved through naturally
forested areas of aesthetic or scientific value.”26

Jurisprudence:

 G.R. No. 198774, 04 April 2016.

In Teofilo Alolino vs. Flores, petitioner is the registered owner of two (2)
contiguous parcels of land. Alolino initially constructed a bungalow-type house.
Eventually also extended a second floor to the structure. There are terraces on
both floors.

Respondent spouses Fortunato and Anastacia Flores constructed their

house/sari-sari store on the vacant municipal barrio road immediately adjoining
the rear perimeter wall of Alolino’s house. Since they were constructing on
municipal road, the respondents could not secure a building permit. The structure
deprived Alolino of the light and ventilation he had previously enjoyed and
prevented his ingress and egress to the municipal road through the rear door of his
house.

The petition that the Alolino acquired an easement of the light and view
by virtue of a title because the respondent constructed their house on a barrio
road.

The Supreme Court held there is no dispute that respondents built their
house/sari-sari store on government property. Properties of Local Government
Units (LGUs) are classified as either property for public use or patrimonial
property. Article 424 of the Civil Code distinguishes between the two
classifications:

Article 424. Property for public use, in the provinces, cities, and
municipalities, consist of the provincial roads, city streets, municipal streets, the
squares, fountains, public waters, promenades, and public works for public
service paid for by the said provinces, cities, or municipalities.

All other property possessed by any of them is patrimonial and shall be

governed by this Code, without prejudice to the provision of special laws. The
respondents are ordered to remove and demolish their illegal structure.27

26
Executive Order No. 621, 18 September 1980
27
www.chanrobles.com (last visited 12 April 2020)

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 In the case of Dacanay v. Mayor Asistio, Jr. (208 SCRA 404),

among other cases, the Supreme Court of the Philippines declared
that:
“A public street is property for public use hence outside the commerce of
man. The right of the public use the city streets may not be bargained away
through contract. The interests of a few should not prevail over the good of the
greater number in the community where health, peace, safety, good order and
general welfare, the city officials are under legal obligation to protect.”
The Civil Code of the Philippines provides in part, that “anything which
obstructs or interferes with the free passage of any public highway or street is a
nuisance, and is subject to abatement, without judicial proceedings.” It also
states that “any person who obstructs or interferes with the free passage of any
public street is liable for damages in addition to having such obstruction
summarily abated.”28
 The ruling in Umali vs. Aquino 1 C. A. Rep 339, the Supreme
Court ruled that “the occupation and use by private individuals of
sidewalks and other public places devoted to public use constitute
both public nuisance and nuisances per se. The instant case further
states that the use of sidewalks applies even to cases involving the
use or lease of public places under permits or licenses issued by
competent authority upon the theory that such holders could not
take advantage of their unlawful permits and licenses and claim
that the land in question is a part of a public street or a public place
devoted to public use hence beyond the commerce of man.29
Sec. 15 Political and Corporate Nature of LGUs - Every local government
unit created or recognized under this Code, is a body politics and corporate
endowed with powers to be exercised by it in conformity with law. As such, it
shall exercise powers as a political subdivision of the national government and as
a corporate entity representing the inhabitants of its territory.30

28
House Bill No. 5943, Introduced by Rep. Evelina G. Escudero seeks to penalize the use of public
roads and sidewalks for commercial and personal purposes. HBO5943.pdf, www.google.com
29
MMDA Resolution 02-28 mmda.gov.ph (last visited 20 April 2020)
30
Ortiz, Juanito S., Local Government Code of 1991 and Implementing Rules and Regulations
(with Footnotes Annotations), 2015, First LG Research and Consulting Services, 131 Libis
Gochuico, Caloocan City,15

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Sec. 16 General Welfare.- Every local government unit shall exercise the
powers expressly granted, those necessarily implied therefrom, as well as powers
necessary, appropriate, or incidental for its efficient and effective governance,
and those which are essential to the promotion of the general welfare.31
Traffic issues are basically municipal issues and should be handle by the
local leaders in coordination with the national agencies concerned.
Road clearing is one of the most difficult chores in traffic management.
This has been shown in several market place in the metropolis such in Baclaran,
Recto, Divisoria, Quiapo, Cubao, Balintawak, etc. Structures constructed not
only in sidewalks but almost the entire road occupied by informal settlers, vendors
and businesses. The present government was inspired and amazed by the action
taken by “Yorme” Isko Moreno in his day one of assumption of office has gone
all-out with clearing operations in Manila particularly the Divisoria and Taft
Avenue areas. This have an impact among the LGUs nationwide, knowing
Manila as one of the most congested city even without the directive from the
President Duterte.
Immediately, both national and local government went into action where
dismantling teams were created respectively in each locality to clear illegal
structures constructed on public roads and sidewalks. Given a 90-day period to do
the task, local officials not even enacted ordinance for the matter and use the
DILG Circular as the legal basis of the clearing operations. Laws and ordinances
have a political economy. Some local and barangay officials were accompanied
by police authorities during the dismantling because of danger and commotion
between them and the displaced sidewalk vendors, business owners, private house
owners, and even government owned halls, basketball courts and other structures.
The directive frightened local leaders because of losing votes from the
displaced vendors, the households and the business owners but served as shield.
The use of public roads and sidewalks where the temporary use of some streets
are being granted by local authorities through issuance of permits and licenses.
Some barangay officials syndicated the collection of daily fees from the sidewalk
vendors and business operators.
The issues had been for long years that it was only now that the President
of the Philippines ordered the local mayors to handle the problem in clearing
roads and sidewalks. Some local officials on a “ningas kugon” manner that after

31
Ortiz, Local Government Code of 1991

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the deadline and inspection of the DILG officials, the displaced structures rebuilt
and vendors were back on their post.
Department of the Interior and Local Government (DILG) Secretary
Eduardo Ano expressed satisfaction over the progress of the LGUs compliance.
The report said that total of 139,959 meters of roads and 52,831 meters of
sidewalks in Metro Manila have been cleared of obstructions and illegal
structures. He added that it resulted in the dismantling of 1,444 illegal vendors,
49 illegal terminals, 1,292 illegally parked vehicles and 813 other obstructions.32
While the Metropolitan Manila Development Authority (MMDA) urged
the local chief executives to ensure the continuity of the clearing of obstructions.
The actions taken by the local officials is a continuing project amid increasing
number of vehicles that worsen traffic in Metro Manila. Meanwhile MMDA
General Manager Jojo Garcia said barangay officials play a major role in keeping
obstructions off the streets. Majority of the obstructions cleared in Metro Manila
are illegally-parked vehicles, sidewalk vendors, barangay and police outposts.33

CONCLUSION
Transport is a key sector in the Philippine economy, linking population
and economic centers across the islands. The transport system of the Philippines
consists of road, water, air, and rail transport.
The Philippines has seen modest improvement in the quality of its
transport services, but a large part of the road network remains in poor condition
and intermodal integration is generally weak. Poor sector governance also
impedes efficient operation of the sector.
There are significant issue on whether or not roads are public goods which
are commonly misused not only by private individuals but also the public offcials.
The fact is that the management of public roads must be of the government
provisions through legislations. With the enactment and revitalized laws, the
government should not have to reclaim public roads and sidewalks through
clearing operations but rather implement rules and regulations thereof.

32
Third Anne Peralta-Malonzo, “DILG satisfied with road clearing progress”, 3 September 2019,
www.sunstar.com.ph (last visited 14 April 2020)
33
“Metro Manila LGUs’ Next Challenge sustain Cleared Public Roads-MMDA, 3 October
2019,www.mmda.gov.ph (last visited 23 May 2020)

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