THE COMPLIANCE OF THE BARMM LOCAL OFFICIALS ON THE DIRECTIVE OF

PRESIDENT RODRIGO R. DUTERTE THROUGH DILG TO EXERCISE THEIR

POWER TO CLEAR ALL ROAD OBSTRUCTIONS IN THEIR RESPECTIVE
LOCALITIES WITHIN 60 DAYS

INTRODUCTION

President Rodrigo Duterte issued a directive to the public officials thru Department
of Interior and Local Government during his fourth State of the Nation Address (Sona) to
exercise their full authority to get rid of illegal structures and constructions, particularly
along public roads and streets which are mostly used as “extensions” of make-shift sari-
sari stores and similar enterprises. President Duterte said to Sec. Año; “reclaim all public
roads that are being used for private ends in an apparent bid to ease traffic congestion in
the Philippines”.

The Department of Interior and Local Government released a memorandum to all

Local Government Officials to exercise their power to clear all roads of illegal structures
and construction. They are also to cause rehabilitation of all recovered public roads by
placing street names and street lights, among others. For the local chief executive they
are hereby directed to revoke permits that give authority to private entities to occupy
public roads, alleys and other thoroughfares. Prudence must also be observed in placing
street signs and signage to avoid exacerbating problems on obstruction. To implement
this memorandum, there is a lot of problem encountered by the Local Officials and I’ll
discuss it later on.

REACTION

Clearing the road and sidewalks of obstructions to help mitigate our daily traffic is
as much effective as actually directing and managing traffic in intersections and should
be treated with the same level of importance. It can help to lessen the traffic jam along
the major roads. The roads should be for the vehicles as sidewalks should be for
pedestrian and not for private use.

The local government of Bangsamoro Autonomous Region in Muslim Mindanao

(BARMM) is currently implementing the memorandum circular number 2019-121 thru the
help of Department of Public Works and Highways. They measured it from the centerline
of the existing road up to 15 meters for the National highway, 7.5 meters for the Provincial
road, 6 meters for Municipal road and 5 meters for the barangay road. They put red marks
to the affected facilities, residence and structures. The residences are now clearing their
own affected areas in fear of losing some part of their materials. They can use it to their
new house to be built.
 In some of these combined obstruction-clearing operations, it was discovered that
various concrete structures invade the sidewalk and even the road. These include a newly
built gated house, sari-sari stores, and business establishments that occupy the whole
sidewalk and even a Barangay Hall within the sidewalk.

However, this on-going clearing operation affects many lives especially the one
who resides along the highway. Especially to those who don’t have any space left at the
back. The only solution for them was relocation, but not all can afford that. The lower
class especially those who had to make a living plying their trade in the sidewalk and the
streets, were not delightful as they lost their means of livelihood. The Mayor of Sultan
Kudarat, Maguindanao promised relocation sites and temporary financial support to those
who had no alternative livelihood. He donated a six-hectare land to some 600 families
affected by the ongoing road clearing operation in his town .

The middle-class merchants who were extending their premises to the sidewalks
and to the streets aren’t exempted to this road clearing operation. The wealthier of those
directly affected will just adjust or relocate their business areas and do business as usual.
On the other hand, the savings in terms of fuel expenses, faster commuting time and
better productivity of the workers may be significant and more than offset the loss of
livelihood and temporary financial support to the directly affected indigent vendors.

There could be more social costs involved in these clear and clean operations of
the cities. Aside from the loss of livelihood, there will be dislocation of people and families;
this could lead to children being away from schools or worse being dropped out especially
to those families who resides along the highway and who have make a living plying their
trade in the sidewalk and street.

According to Ms. Balcita, one of the affected residences of RH 9 Esteros, Cotabato

City; “The government is not liable for the lost of our shelter because we were told that
there is such a law for road right of way”, which I researched on the internet. It is
the Presidential Decree (PD 17) also known as the Revised Philippine Highway Act that
prohibits the use of road right-of-way for temporary and permanent structures such as
buildings, houses, stores and billboards under penalty of fine, imprisonment or both. She
said that we can’t do about it because it was said a long time ago that we are not allowed
to use the public roads especially the sidewalk for a private purpose.

CONCLUSION
 This road clearing is for the wellness of the majority. It may destroy our house and
source of income but the benefits are more profitable. Our means of transporting our
perishable goods are much easier and will speed up. It will also lessen the traffic jam we
are experiencing right now. We can go home early from work or school. We can spend
more time to our family. However, it has a big impact especially to the affected lower-
class residents. Their means of livelihood were gone. The dislocation of people could lead
to their children’s being away from school. We may encounter several problems but it is
up to our local officials to address this problem.

CITATION/REFERENCES

• Memorandum Circular 2019-121

• SONA 2019
• Philippine Star
• Philippine News Agency
• Brigada News FM-Cotabato City
• TV Patrol Central Mindanao
• Google
• Presidential Decree (PD 17)
• Mayor Cynthia Guiani in Action