Republic of the Philippines

Province of Capiz
Municipality of President Roxas
BARANGAY _____________________________

Barangay Ordinance No. _______

Series of ___________
Sponsored By:

AN ORDINANCE PROBIHIBITING ANY OBSTRUCTION ON PUBLIC ROADS AND OTHER SIMILAR PUBLIC
PLACES IN BARANGAY _________________________, PRESIDENT ROXAS, CAPIZ.

BE IT ORDAINED by the Sangguniang Barangay of ___________________, President Roxas, Capiz in

session assembled today;

Section 1. Title. This ordinance shall be known as the “Anti-Obstruction Ordinance” of Barangay
_________________, Municipality of President Roxas, Province of Capiz.

Section 2. Scope and Coverage – This ordinance shall cover all kinds of obstructions (Permanent or
temporary) on public roads and other public places, as define hereof within the territorial jurisdiction of
the Barangay, committed by any person whether natural or juridical. Provided permanent structures
constructed before the approval of this ordinance shall not be affected thereby except when
alternations, addition, conversions or repairs are to be made therein in which case this ordinance shall
apply only to portions to be altered, added, converted or repaired.

Section 3. Definition of terms – The following words used in this ordinance, shall mean:

Road Clearing -Shall mean the removal of illegal or unauthorized road obstructions along the road right
of way, which encompasses the entire width of the road carriageway (including travel way for motor
vehicles and road shoulders) and sidewalk. The widening of the scope existing road right of way and
activities undertaken for such purposes are beyond the scope of this ordinance.

Obstruction- Any structures, materials, or activities, whether permanent or temporary, movable or

immovable, with the road right of way that impedes the free and clear passage of motor vehicles or
pedestrian and or pose danger of cause injury to motorist pedestrians or occupants of nearby structures.

These includes, but not limited to: Vehicles parked in ‘prohibited places such as in roads, covered canals,
sidewalks, path, or alleys not intended for vehicular parking under existing laws rules and regulation, and
vehicular terminals except in areas designated by the Barangay, Municipal, Provincial and National
Governments;

Vending sites for any kind of items;

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

Store encroachments and indiscriminate signage and advertisement;

Obstructing barangay outpost halls markers and directories;

Conduct of sports, sports facilities, and others related activities;

Drying of rice or others crops;

Construction materials including sand, gravel, cement, steel bars, logs, and the likes;

Debris, waste materials, or activities identified by the LGU as obstructions through their road inventory.

Public Roads- Means all street, roads, bridges, highway and other thoroughfares construction and
maintained by the government whether National or Local Governments.

Road- Right of way - shall mean the legal access secured and reserved to the public for highway
purposes.

Sidewalk- A portion of roadway assigned for the use by pedestrians.

Sidewalk Vendor- A person who sells or offers for sale any products, whether agricultural or
manufactured, cooked foods and or dry goods items or articles, including any person who attend to
these products intended to be sold at any temporary location, sidewalk or thereof.

Street- Any open spice established by eminent domain including the space above for access of vehicles
and people for the continuous flow of vehicle traffic and pedestrian;

Road Clearing Task Force- In charge of the enforcement of road clearing operations.

Municipal Road- Shall refer to the following: Road within the Poblacion and any other areas included in
the Municipal Inventory of Roads; Roads that connect to Provincial and National Roads; Roads that
provide inter- barangay connections to major municipal infrastructure without traversing Provincial
Road.

Barangay Road- Other public roads (officially turned over) within the barangay and not covered in the
above definitions.

Construction Materials- Shall refer to materials strictly to be used for construction of a permanent
structure, such as but to limited to sand, gravel, clay, wood, steel, and the likes.

Section 4. Obstruction Per Se- All obstruction along public roads and sidewalks are hereby presumed or
declared nuisance per se and as such, are subjected to summary abatement without need of judicial
proceedings.
Section 5. Exception- For purposes of exempting an activity such as tiangge, trade fair or similar activity
as an obstruction from the coverage of this ordinance, the following criteria shall be observed:

5.1. That it has proper coordination and duly approved by the Municipal Government of President Roxas,
in which the duration of the activity is properly determine such as fiesta and foundation day celebration,
games and amusement, religious/community activities preaching, processions or holding of a wake or
other affairs of the community like commemorations and anniversaries.

5.2. In case of construction and repairs along public road, 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;

5.3. In case where such obstructions are necessary incidents dictated by reasons of emergency to protect
and save lives of properties from any calamity or public danger whether natural or man-made;

5.4. Other cases when expressly permitted or allowed by law or an ordinance promulgated to meet a
momentary necessity of order and public safety.

Section 6. Summary Abatement – The Municipal Mayor, are hereby authorized to summarily abate,
forfeit and dispose wit in the bounds of law, any obstruction found within the Municipality, Provided the
Municipal Road Clearing Task Force shall be free from any liability arising from the lawful abatement or
forfeiture and disposal, shall be charge at the expense of the violator hereof. Provided finally, the
Municipal Mayor, shall after recording and inventory, be authorized to donate the forfeited or
confiscated materials to Civil Society Organization or Barangay concerned, subject to existing laws, rules
and regulations.

Section 7. Barangay Road Clearing Task Force- The barangay shall establish and create the Barangay
Road Clearing Task Force, responsible in the of barangay road clearing operations in their respective
barangay roads, with the following composition:
a). Chairman : The Punong Barangay
b). Vice-chairman : SB Member - Chairman on Public Order and Safety
c). Members : Sangguniang Barangay Members
SK Chairperson
SK Members
All Tanods/BPATs

Section 8. Barangay Road Clearing Technical Working Group. The barangay shall organize the Barangay
Road Clearing Technical Working Group (TWG) who shall be responsible for the planning, monitoring,
and evaluation of road clearing plans, projects, activities and initiatives for the effective implementation
of the road clearing program of the government. The TWG shall be composed of the following:
Chairman : Punong Barangay
Secretariat : Barangay Secretary
Members : SB Chairman on Peace and Order and Public Safety
Chief Tanod
Barangay Treasurer
Section 9. Procedure for Clearing of any Obstruction. The following procedures shall be observed in
abating any obstruction which involves permanent structure:

Step 1. Any obstruction may be summarily removed if the owner of such structure, has agreed upon any
verbal request made by the Barangay concerned, otherwise a written warning shall be given to the
owner to effect the removal of such obstruction within 24 hours or within thirty (30) days if involves
permanent structures from the written warning;

Step 2. Where after the of 24 hours or thirty (30) days if permanent structures and the obstruction is still
existing, the Barangay Road Clearing Task Force shall immediately implement the provisions of this
ordinance.

In case where structures or facilities are owned by a utility service provider that caused the obstruction/s
to a road right-of-way, due coordination shall be made to the concerned utility company by the Barangay
or Municipal LGU to remove or relocate the obstructing structure or facility. The utility or service
provider must ensure that such relocation, and the conduct or road clearing operations in general, shall
not cause disruption to the delivery of the utility and other basic services. Similarly, in cases wherein
materials, equipment, and structures temporarily obstruct the road right-of-way due to the undertaking
of a project by a national government agency, the LGU may coordinate with the concerned agency to
relocate the obstruction or agree on a timetable for its removal; and In cases of obstructing and or
hazardous trees, coordination with the Department of Environment and Natural Resources shall be
made by the LGU or Barangay prior to its removal.

Section 10. Penalty- Any acts violating this ordinance, shall be imposed with a fine, which shall accrue to
the local government of the barangay, as follows;

Sidewalk Vendors:
First Violation………………………………………………. Warning to clear the sidewalk within 24 hours
Second Violation…………………………………………. Confiscation of items
Third Violation……………………………………………. P500.00, confiscation of items and Non-renewal/non-
issuance of barangay clearance to operate.

Construction materials:

First Violation………………………………….. Warning to clear the construction materials within 24 hours

Second Violation……………………………… P500.00 and Warning to clear the construction materials within 24
hours
Third Violation…………………………………. P1000.00, confiscation of the materials, and issuance of work
stoppage order.

Residential extension, including gates and walls:

First Violation ……………………………. Warning to clear the extension within 15 days.
Second Violation ……………………….. P500.00 and Warning to clear the extension within another 15 days.
Third Violation……………………………. P1000.00 and dismantling of the extension.

Establishment extension:
First Violation………………………………. Warning to clear the extension within 15 days.
Second Violation…………………………… 500.00 and Warning to clear the extension within another 15 days.
Third Violation……………………………….1000.00, dismantling of the obstruction and issuance of non-
compliance certification for their business permit application.

Other obstruction:
First Violation………………………………. Warning to clear the obstruction within 24 hours.
Second Violation………………………… P500.00 fine
Third and subsequent Violation…. P1,000.00 fine

Further, subsequent refusal of the violator to clear the obstructions and/or pay the fine imposed within
30 days shall cause the LGU to file appropriate charges in regular courts.

Section 11. Road Grievance Machinery Council- In order to have an orderly flow of complaints or
protest and to resolve the same, there is hereby created the Road Grievance Machinery Council, through
which citizens either in written or verbal can report unremoved obstruction, provide suggestions, queries
and vent out protest and implementation concerns, which shall be composed of the following:

Chairman: Punong Barangay

Members: Sangguniang Barangay Member Chairman on Peace and Order; Barangay Secretary and a
CSO or PO Representative.

Section 12. Separability Clauses- If, for any reason or reasons, any part or provision of this ordinance, be
declared as unconstitutional or invalid, other parts or provision hereof which are not affected thereby
shall continue to be in full force and effect.

Section 13. Repealing Clause. All ordinances, resolution executive orders and other issuances which are
inconsistent with any of the provision of this ordinance are hereby repealed or modified accordingly.

Section 14. Effectivity- This Ordinance shall take effect ten (10) days after it has been posted in three (3)
conspicuous places.

ENACTED AND APPROVED:

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