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Solana Barangay Ordianance Road Clearing

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63 views4 pages

Solana Barangay Ordianance Road Clearing

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arlynne0212
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© © All Rights Reserved
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Republic of the Philippines

Region 02
Province of Cagayan
Municipality of Solana
BARANGAY CALILLAUAN

OFFICE OF THE SANGGUNIANG BARANGAY

EXERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE


SANGGUNIAN BARANGAY OF BARANGAY CALILLAUAN HELD ON APRIL 29,
2024 AT THE BARANGAY SESSION HALL, BARANGAY CALILLAUAN, SOLANA,
CAGAYAN

PRESENT:

BENICIO L. SORIANO PUNONG BARANGAY


JOSEPH Q. BALLAD BARANGAY KAGAWAD
AGUSTIN V. SORIANO BARANGAY KAGAWAD
ASHAN H. LOVIDERO BARANGAY KAGAWAD
DENIS Q. SORIANO BARANGAY KAGAWAD
JENNIFER A. SABADO BARANGAY KAGAWAD
RODEL A. ANCHETA BARANGAY KAGAWAD
ROGELIO R. ORTEGA BARANGAY KAGAWAD
MICHELLE ANGELA E. GUDOY SK CHAIRPERSON
LILIBETH A. UMALLA BARANGAY TREASURER
ARLYN E. DELOS SANTOS BARANGAY SECRETARY
ABSENT:
NONE

BARANGAY ORDINANCE NO. ___


Series of 2024

“AN ORDINANCE REGULATING THE USE OF BARANGAY ROADS AND


PROHIBITING ILLEGAL STRUCTURES, CONSTRUCTIONS AND OBSTRUCTIONS
WITHIN THE TERRITORIAL JURISDICTION OF BARANGAY CALILLAUAN,
SOLANA, CAGAYAN AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF”

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 sidewalks and setbacks and to clear the same of illegal commercial and
private structures in order to facilitate the safe and convenient use thereof, pursuant to
Chapter 2, Section 16 and Chapter 3, Article I, Section 455 paragraphs (b) (3) (VI) of
the Local Government Code

WHEREAS, it has been observed that municipal streets, alleys, sidewalks and other
public places in the Barangay are not properly utilized by road users/public due to some
malpractices of some individuals who wantonly utilize these areas for their private ends
such as, but not limited, to illegal vendors vending their goods on the sidewalk, street
dwellers, illegally parked vehicles, public/barangay structures/outposts, store
encroachment, shanties and house encroachments, garbage dumps, rice and corn
drying stations;

WHEREAS, the Supreme Court has consistently held that occupation by private
individuals and or entities of sidewalks and other public places, devoted to public use
constitute both public nuisances and nuisances per se;

WHEREAS, to solve the pressing problem of improper use of streets, sidewalks and
alleys, the Sangguaniang Barangay deems it necessary and urgent to clear all illegal
Republic of the Philippines
Region 02
Province of Cagayan
Municipality of Solana
BARANGAY CALILLAUAN

structures/obstructions on or along the aforesaid places. Hence, the formulation of an


Ordinance to address these pressing issues is indispensable;

NOW THEREFORE, be it ORDAINED by the Sangguniang Barangay of Calillauan,


Solana, Cagayan by the powers vested in it by law, in a regular session duly
assembled, that:

SECTION 1. SHORT TITLE. This Ordinance shall be known as the “Anti-Road


Obstruction Ordinance of Barangay Calillauan”

SECTION 2. SCOPE OF APPLICATION. This Ordinance covers all kinds of


obstructions on the road and other public places of Barangay Calillauan committed by
individuals, entities, and companies as well as those obstructions committed by persons
while driving or operating motor vehicles and all other forms of conveyances;

SECTION 3. PURPOSE. This Ordinance has the following purposes:

a. To make all public roads and sidewalks safe and convenient for the use of
pedestrians or road users;
b. To improve the flow of traffic; and
c. To minimize illegal vendors, and illegally parked vehicle on streets of roads

SECTION 4. PROHIBITION. It is strictly prohibited to do the following activities on the


shoulder of the road, streets, or any portion thereof:

a. Dumping of any materials or debris for temporary storage unless with a permit
from the municipal government;
b. Repairing, illegal parking of any type of vehicle and/or equipment except for
stalled vehicles only due to breakdown;
c. Piling and burning of garbage materials except garbage containers ready for
hauling by the garbage truck and/or equipment;
d. Double-parling on the shoulder of the roads in any direction which may affect
adversely the smooth flow of vehicular traffic;
e. New construction or extension of any kind of structure whether temporary or
permanent in nature, either public or private purposes;
f. Unlawful for sidewalk vendors or any person or company to use Barangay Roads
to vend/sell their goods and other merchandise that causes obstructions to the
said road;
g. Unlawful for all farmers and or residents to use municipal, provincial, and national
roads for grain drying, be it corn or palay and all other kinds;
h. All other kinds of obstructions are strictly unlawful and prohibited.

SECTION 5. OBSTRUCTIONS AS NUISANCE PER SE. All obstructions along public


roads and sidewalks are hereby presumed or declared nuisance per se and, as such
are subject to summary abatement without need of judicial proceedings.

SECTION 6. PENALTIES. Any person or entity found guilty of violating any provisions
of this ordinance shall be compelled to immediately remove the structure or obstruction
be penalized to pay a fine as follows:

FIRST OFFENSE: Five hundred pesos (P500)


SECOND OFFENSE: Seven hundred fifty pesos (P750)
THIRD OFFENSE: One Thousand Pesos (P1000)

SECTION 7. SEPARABILITY CLAUSE. If any of the provisions of this Ordinance is


declared void or unconstitutional, the remaining portions thereof, shall not be affected
thereby and shall remain in full force and in effect.
Republic of the Philippines
Region 02
Province of Cagayan
Municipality of Solana
BARANGAY CALILLAUAN

SECTION 8. REPEALING CLAUSE. All ordinances, rules and regulations inconsistent


with this ordinance are hereby repealed and are modified accordingly.

SECTION 9. EFFECTIVITY. This Ordinance shall take effect immediately upon its
approval.

ENACTED, this 29th day of April 2024, by the Sanggunian Barangay, Barangay
Calillauan, Solana, Cagayan.

I HEREBY CERTIFY to the correctness of this Ordinance as enacted by the


Sangguniang Barangay of Calillauan during its regular session held on 29th of April,
2024.

ARLYN E. DELOS SANTOS


Secretary to the Sanggunian

ATTESTED:

BENICIO L. SORIANO
Punong Barangay/Presiding Officer

APPROVED:

JOSEPH Q. BALLAD AGUSTIN V. SORIANO


Sangguniang Barangay Member Sangguniang Barangay Member

ASHAN H. LOVIDERO DENIS Q. SORIANO


Sangguniang Barangay Member Sangguniang Barangay Member

JENNIFER A. SABADO RODEL A. ANCHETA


Sangguniang Barangay Member Sangguniang Barangay Member

ROGELIO R. ORTEGA MICHELLE ANGELA E. GUDOY


Sangguniang Barangay Member Sangguniang Kabataan Chairwoman

BENICIO L. SORIANO
Punong Barangay/Presiding Officer
Republic of the Philippines
Region 02
Province of Cagayan
Municipality of Solana
BARANGAY CALILLAUAN

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