April 22,2023

Hon FELICITO DULA

Municipal Mayor

Municipality of Sagada

and

Hon DAVID BUYAGAN Jr

Vice Mayor/ Presiding Chairman

Sangguniang Bayan

Attention:

Councilor Kapon Gomgom-o

Author of Proposed ‘Ordinance institutionalizing the flea and open market activities in the Municipality of Sagada and appropriating funds thereof’

Copy furnished: DILG, DPWH

Dear Mayor Dula and Vice Mayor Buyagan,

Free the roads from private interests.

Regarding the proposed ‘Ordinance institutionalizing the flea and open market activities in the municipality of Sagada and appropriating funds thereof’, let us be reminded when the Department of Public Works and Highways (DPWH) caused the removal of structures built by vendors along the Sagada-Dantay national road fronting the Centrum building in 2018.

That incident had long set a precedent that national roads in our municipality shall not be used for vending purposes. The stall removals as directed by DPWH with notice of obstructions and prohibited uses within the right-of-way of national roads are based on:

1. Provisions under Section 2, Commonwealth Act No 5548; Republic Act No 917; and section 23 of Presidential Decree No. 17 uniformly states that

" It shall be unlawful for any person to usurp any portion of the right-of- way, to convert any part of any public highway, bridge wharf or trail to his own private use or to obstruct the same in any manner or use any highway ditch for irrigation or other private purposes for irrigation or other private purposes xxx.”

2. DPWH Dept Order No 73 series of 2014 also states that

“xxx all Regional and District engineering offices are directed to immediately remove and cause the removal of all obstructions and prohibited uses within the right- of- way of national roads within their respective jurisdiction and henceforth prohibit the presence/occurrence of xxx structures, objects and such other similar items along our national roads as well as strictly disallow the building, erection, construction planting and fabrication of the same xxx.”

Let the above incident not be another repeat performance where structures on said location are ordered removed by the DPWH.

Further, road clearing is a stern directive by former President Rodrigo Duterte that roads are for public use and not for private interests enjoining all local officials to exercise their powers essential to reclaim public roads used for private interests in 2019.

This resulted to the issuance of DILG Memorandum Circular 2019-121 instructing all local chief executives and heads of Sanggunians to clear the roads of illegal structures and constructions.

This was followed in the new normal with DILG Memorandum Order 2022-085 upholding the earlier directive of Duterte carried in DILG MC 2019-121, directing all Local Government Units, the Philippine National Police (PNP) and the Bureau of Fire Protection (BFP) the implementation of road clearing in the new normal. Municipal government units are then instructed to enact or review existing road clearing ordinance and conduct regular road clearing operations.

And too, DILG Memo Circular 2020-027 instructs all local government units to cause the removal of obstructions through regular conduct of road clearing operations in all provincial city, municipal and barangay roads and national primary and secondary roads and implement a displacement strategy for those affected by the conduct of road clearing operations.

Road obstructions refer to all structures materials, or activities within the road right of way that impede the free and clear passage of motor vehicles pedestrians and/or pose danger or cause injury to motorists, pedestrians or occupants of nearby structures.

Here in Sagada, it has been noted that stalls were erected along the Dantay- Sagada national road fronting the Centrum building every Saturdays since the last week of December 2022 and pursued during the 2023 Holy Week particularly Holy Saturday and Easter Sunday at the expense of motorists and the walking public especially at this times where tourists are a plenty. Let this not be allowed further.

And first of all before everything else to examine our facilities and note that there is not even one single public comfort room. For quite some time, the surrounding areas where vendors are allowed have been used as landing spots for garbage including human waste thrown either from above the stall or below the road parapet near stalls.

Our more urgent needs are water facilities and public comfort room/s above all else; and for the LGU to explore other sites for vending and effect free passage of vehicles, prevent traffic and ensure safety of pedestrians.

In view of the above, we call for the proposed ordinance be set aside.

Signed