Dear PAO,

A neighbor recently constructed a sari-sari store in front of his house, but it is encroaching the sidewalk along our street. Moreover, he installed commercial signages and a barbecue stand in the same area which obstructed the clear and free passage of pedestrians and motor vehicles. I tried to communicate with the store owner to remove the obstructing structures, but to no avail. May I know which government authorities I can approach in order to address this issue? Thank you.

Koko

Dear Koko,

Pursuant to the president’s directive during the 2019 State of the Nation Address to reclaim public roads used for private ends and to remove all illegal structures and obstructions thereon, the Department of the Interior Local Government (DILG) issued Memorandum Circular 2019-121. This circular mandates all local government officials to assume responsibility and to uphold said directive.

Likewise, to ensure the continued implementation of the aforesaid road-clearing directive, the DILG crafted Memorandum Circular 2020-027 explicitly authorizing the creation of a grievance mechanism where ordinary citizens can report obstructions and clearing operations concerns, and specifically, designating the Punong Barangay as the focal person to take charge in the resolution of issues relating road clearing compliances, to wit:

“Specifically, all local government units shall: xxx

“6. Establish a grievance mechanism, either physical or electronic, through which citizens can report unremoved obstructions, provide suggestions and air out implementation concerns. xxx

“All Punong Barangay shall be in charge of the conduct of road clearing operations in barangay roads and minor public-use streets within their jurisdiction, as well as the maintenance of other local roads turned over by the city or municipal government. Further, they shall harmonize barangay ordinances with this directive, collaborate and coordinate with the Mayor in regards to road clearing and undertake information dissemination campaigns in their respective barangay. Reports on barangay compliance shall be submitted monthly to this Department, through the National Barangay Operations Office, pursuant to DILG Advisory dated January 8, 2020.”

Hence, from the foregoing, any ordinary citizen may report and file a complaint to the punong barangay which has jurisdiction over the locality concerning the obstruction. The punong barangay, in turn, shall coordinate with the mayor and the appropriate national government agencies such as the Department of Public Works and Highways and the Metropolitan Manila Development Authority in conducting the road clearing operations as prescribed in the guidelines for road clearing operations, as follows:

“f. Local government units may coordinate with the Department of Public Works and Highway or the Metropolitan Manila Development Authority in conducting road clearing operations in national roads or any other roads under the direct management and maintenance of these national government agencies. Likewise, local government units may coordinate with and request assistance from the Philippine National Police and the Bureau of Fire Protection in ensuring security and order during the conduct of road clearing operations.”

Applying this to your instant case, you may, then, approach your punong barangay to report the obstruction caused by your neighbor who constructed the sari-sari store, commercial signages and barbecue stand in your neighborhood.

We hope that we are able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].