Republic of the Philippines

Province of Ilocos Sur

Municipality of Sinait
Barangay Dean Leopoldo Yabes (PUG-OS)
QFFICE OF THE PUNONG BARANGAY
EXCERPTS FROM THE MINUTES OF THE 10 th SPECIAL SESSION OF THE SANGGUNIANG
BARANGAY OF DEAN LEOPOLDO YABES (PUG-OS), SINAIT, ILOCOS SUR HELD AT THE SESSION
HALL ON OCTOBER 27, 2024 AT EXACTLY 9:00 O’CLOCK IN THE MORNING.
PRESENT:
IRWIN M. ANCHETA - PUNONG BARANGAY/PRESIDING OFFICER
HON. ROLLY P. INES -BARANGAY KAGAWAD
HON. GERALDINE R. MALUPENG -BARANGAY KAGAWAD
HON. FLORANTE PAGUD -BARANGAY KAGAWAD
HON. VERNAFLOR D. IBATUAN -BARANGAY KAGAWAD
HON. FERDINAND M. ANCHETA -BARANGAY KAGAWAD
HON. MACEDONIO A. BACLIG JR. -BARANGAY KAGAWAD
HON. CHRISTOPHER Y. DEL ROSARIO -BARANGAY KAGAWAD
HON. IRENEO I. ZATE JR - SK CHAIRPERSON

Also present:
MERCEDES I. MAGPAYO - BARANGAY SECRETARY
JANINE M. ASUNCION - BARANGAY TREASURER

ABSENT: NONE
BARANGAY ORDINANCE NO. 2024- 05
Series of 2024
Authored by: Brgy. Kagawad MACEDONIO A. BACLIG JR.

“AN ORDINANCE ON CLEARING OF ROADS AND BANNING OF ALL OBSTRUCTIONS ON PUBLIC

ROADS UNDER THE TERRITORIAL JURISDICTION OF BARANGAY DEAN LEOPOLDO YABES (PUG
– OS), SINAIT, ILOCOS SUR”
WHEREAS, it is a declared policy of the state to safeguard life, health, property and public welfare,
consistent with the principles of environment management and control; and to this end, make it the purpose
of this ordinance to regulate the use and maintenance of public roads, sidewalks and setbacks and to clear
the same from illegal commercial and private structures, in order to facilitate the safe and convenient use
thereof, pursuant to Book 1, Section 16 and Chapter 3 Article III, Section 447 (5) (V,VI) of the Local
Government Code of 1991.
WHEREAS, a public street is property for public use hence outside the commerce of men. The right of the
public to use the Barangay 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 barangay officials are under legal obligation to protect”.
WHEREAS, 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 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 in having such obstruction summarily abated.
WHEREAS, all local officials are enjoined to exercise their powers essential to recover public roads which
are being used for private ends and in the process, rid them of illegal structures and constructions.
NOW THEREFORE, be it ordained by the Sangguniang Barangay of Dean Leopoldo Yabes (Pug – os),
Sinait, Ilocos Sur in a session assembled, that:
SECTION 1. SHORT TITLE. This ordinance shall be known as the “BARANGAY ROAD CLEARING
ORDINANCE” of Barangay Dean Leopoldo Yabes (Pug – os), Sinait, Ilocos Sur, and shall hereafter be
called the Ordinance.
SECTION 2. DEFINITION OF TERMS.
1. Barangay Roads-refer to minor or tertiary roads, streets, and alleys under the management of the
barangay and other roads turned over to the barangay;
2. Road Clearing Operations- refer to the act of removing or causing to remove illegal or unauthorized
road obstructions or encroachments 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 of existing road right-of-way and activities undertaken for such
purpose are beyond the scope of the policy of the DILG;
3. Road Obstructions- refers to any illegal/unauthorized structures, materials, or activities within the
road-right-of way that impede the free and clear passage of motor vehicles, bicycles or pedestrians
and/or pose danger or cause injury to motorists, bicycle users, pedestrians, or occupants of nearby
structures;
4. Public Roads – all streets, roads, bridges, highways and other thoroughfares constructed and
maintained by the national government or by the local government unit; provided, that any road or
sidewalk not falling under this definition but which upon the determination by the Barangay Council
is deemed vital to pedestrian access of safety, shall be deemed a public road sidewalk for the
purpose of this ordinance.
5. Sidewalk Obstruction – means any structure, whether permanent or temporary, immovable or
movable, erected along, standing on, adjoining, or in any manner impeding safe and convenient
passage through any public road or sidewalk.
6. Sidewalk Vendor – means any persons who sells or offers for sale any consumer products,
whether agriculture or manufactured cooked foods and/or dry goods, items or articles, including
any person who attends to these products intended to be sold at any temporary location, sidewalk,
alley, vacant space or portion thereof.
7. Setback – is the horizontal distance, measured from the outermost face of the building/structure to
the property lines must be absolutely free of all forms of physical obstructions that can negatively
affect natural light and ventilation, or that can impede access to the sides and near area.

SECTION 3. PROHIBITED ACTS. The use public roads and sidewalks for commercial and personal
purposes which constitutes obstruction shall be penalized. The use of streets, sidewalks, roads alleys, and
other places in Barangay Dean Leopoldo Yabes (Pug – os), Sinait, Ilocos Sur for commercial and personal
purposes shall be prohibited. Such prohibited acts include, but not limited, to the following:

1. Illegally parks vehicle, e-bike, e-trike;

2. Vehicular terminals except in areas designated by the concerned LGU;
3. Vending sites for any kind of item;
4. House encroachments that obstructs the road-right-of-way, protruding gates, conduct of
household activities, and tents, except those being temporarily used for funerals and other similar
activities;
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 including sand, gravel, cement, steel bars, logs, and the like;
10. Debris, waste materials, and other junked items;
11. Steel plates, makeshift shelters, barriers that obstruct the safe movement of vehicles and
pedestrians; and
12. Other structures, materials, or activities identified by LGU as obstructions through their road
inventory.

SECTION. 4. APPREHENDING/IMPLEMENTING AGENCY OR PERSONS. The Punong Barangay shall

organize a monitoring team on road clearing operations within Barangay Dean Leopoldo Yabes (Pug – os)
with the task of monitoring/apprehending violators of this ordinance and issuing citation tickets.
 SECTION. 5. EXCEPTIONS. If the Local Chief Executive may, upon application, grant a permit for the
temporary and limited use of barangay roads and sidewalks during any of the following:

a. Special occasions in the locality such as fiestas, wakes, and other social gatherings;
b. Sale promotion days and activities for civic or charitable purposes; and
c. Tiangge, provided that necessary permit has been obtained.

SECTION. 6. PENALTIES. Any violation of the provision of this ordinance shall be subjected to summary
abatement, dismantling, forfeiture, and disposal of the subject sidewalks and/or setback obstructions. Any
person, corporation, trust, firm, partnership, association or entity, found violating this ordinance, shall be
penalized a fine, as follows;

First Offense: Written warning

Second Offense: Confiscation of items
Third Offense: Fine P500.00

SECTION. 7. FORMULATION OF IMPLEMENTING RULES AND REGULATIONS. The formulation of

Implementing Rules and Regulations for better implementation of this ordinance shall be directed by the
Punong Barangay with the Approval of the Sangguniang Barangay.

SECTION. 8. INFORMATION DISSEMINATION. Upon the approval of this Ordinance, the Punong
Barangay shall cause the dissemination of this Ordinance to all the constituents.

SECTION 9. SEPARABILITY CLAUSE. If any of provision of this ordinance is held invalid or

unconstitutional, other provision not affected shall continue to be in full force and effect.

SECTION 10. REPEALING CLAUSE. Previous ordinances, rules and regulations, executive orders of
Barangay Dean Leopoldo Yabes (Pug – os), Sinait, Ilocos Sur that are repugnant to or inconsistent with
this Ordinance are hereby, amended, superseded, modified or repealed accordingly.

SECTION. 11. EFFECTIVITY. This Ordinance shall take effect upon approval and after posting at the
bulletin boards of the Barangay Hall, and other conspicuous places.

RESOLVED FINALLY, that copies of this resolution be forwarded to all concerned for their information,
reference, and compliance.
I certify to the correctness of the foregoing resolution which was duly enacted by the Sangguniang
Barangay of Barangay Dean Leopoldo Yabes (Pug – os) Sinait, Ilocos Sur on October 27, 2024.

IRWIN M. ANCHETA
Presiding Officer

CONCURRED:

ROLLY P. INES GERALDINE R. MALUPENG FLORANTE A. PAGUD

Brgy. Kagawad Brgy. Kagawad Brgy. Kagawad

VERNAFLOR D. IBATUAN FERDINAND M. ANCHETA MACEDONIO A. BACLIG JR

Brgy. Kagawad Brgy. Kagawad Brgy. Kagawad

CHRISTOPHER Y. DEL ROSARIO IRENEO I. ZATE JR.

Brgy. Kagawad SK Chairperson
 CERTIFICATION
I HEREBY CERTIFY to the correctness of the foregoing ordinance which was duly enacted by the
Sangguniang Barangay during the Regular Session held on October 27, 2024, at the Barangay Session
Hall, Barangay Dean Leopoldo Yabes (Pug – os), Sinait, Ilocos Sur

Attested by:

MERCEDES I. MAGPAYO
Barangay Secretary

Approved by:

IRWIN M. ANCHETA
Punong Barangay/Presiding Officer