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Page:Lingayen Ordinance No. 96 - 2021.pdf/3

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Republic of the Philippines

MUNICIPALITY OF LINGAYEN

Province of Pangasinan

Office of the Sangguniang Bayan

EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG BAYAN OF LINGAYEN, PANGASINAN HELD AT SESSION HALL ON March 08, 2021.

PRESENT: VICE-MAYOR JUDY DL. VARGAS-QUIOCHO- Presiding Officer

SBM Mac Dexter G. Malicdem

SBM Jay Mark Kevin D. Crisostomo

SBM Jonathan Carl R. Arcinue

SBM Ramon Anselmo M. Cuaresma

SBM Sheila V. Castañeda

SBM Randall Q. Bernal

SBM Ricardo R. Ferrer

SBM Jasper S. Pasion

SBM Gabriel Ivan C. Tuazon - SK President

ABSENT: SBM Darwin B. Jimenez- LIGA President

Authored by: SBM Jasper S. Pasion and SBM Randall Q. Bernal

EXPLANATORY NOTE

WHEREAS, Article 694 (4) in relation to Article 699 (3) of the New Civil Code of the Philippines (RA386) emphasizes the definition of a public nuisance as "anything which obstructs or interferes with the free passage of any public highway or street", and that "any person who obstructs or interferes with the free passage of any public street is liable for damages in addition to having such obstruction summarily abated";

WHREAS, pursuant to the provisions of Section 23 of Presidential Decree (PD) No. 17, also known s the Revised Philippine Highway Act, as amended, declaring as unlawful for any person to usurp any portion of a right-of-way, to convert any par of any public highway, bridge, wharf or trail to his own private use or to obstruct the same in any manner;

WHEREAS, in 2010, the United Nations General Assembly proclaimed 2011 to 2020 as the Decade of Action for Road Safety. The goal is to stabilize and reduce the road traffic fatalities around the world;

WHEREAS, Department Order No. 73 of DPWH listed the following as obstructions and are therefore prohibited as to their presence and occurrence within the right-of-way (ROW) of all national roads:

a. All kinds of temporary and permanent structures such as buildings, houses, shanties, stores, shops, stalls, sheds, canopies, billboards, signages, advertisements, fences, walls, railings, basketball courts, barangay halls, garbage receptacles, and the like;