Council requests for barangay traffic schemes

August 6, 2017 Opinion Sideglance

As an offshoot of previous council discussions regarding traffic schemes planned and sought to be implemented by barangays within their respective territorial jurisdictions City Councilor Peter Fianza recently filed a proposed legislative measure that would require all the 128 barangays to submit their respective traffic schemes and plans for possible adoption or incorporation to the city comprehensive transportation and traffic ordinance.

Citing the implementation of Administrative Order No. 116 series of 2016 issued by the City Mayor which created the anti-road obstructions task force to implement transportation and traffic regulations within the city and which engendered great interest and cooperation in putting order in the use of roads and streets in the city, Councilor Fianza explained that while barangays may have been allowed to establish, maintain and regulate parking spaces within their respective jurisdictions they do not have the power to regulate roads, or streets even if classified as barangay roads. He pointed out that this is clear under Section 391 of Republic Act 7160 otherwise known as the Local Government Code of 1991, which defines the power, duties and functions of the Sangguniang Barangay.

On the other hand, the alderman explained in his proposed resolution that it is the Sangguniang Panlungsod which has the power to regulate roads and streets and this is embodied in par. A, (5), (v and vi) of the Local Government Code stated thus, “(a) The sangguniang panlungsod, as the legislative body of the city, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the city and its inhabitants pursuant to Section 16 of this Code and in the proper exercise of the corporate powers of the city as provided for under Section 22 of this Code, and shall: xxx (5)  Approve ordinances which shall ensure the efficient and effective delivery of the basic services and facilities as provided for under Section 17 of this Code, and in addition to said services and facilities, shall: xxx (v) Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and other public places and approve the construction, improvement repair and maintenance of the same; establish bus and vehicle stops and terminals or regulate the use of the same by privately-owned vehicles which serve the public; regulate garages and the operation of conveyances for hire; designate stands to be occupied by public vehicles when not in use; regulate the putting up of signs, signposts, awnings and awning posts on the streets; and provide for the lighting, cleaning and sprinkling of streets; and public places; (vi) Regulate traffic on all streets and bridges; prohibit encroachments or obstacles thereon, and when necessary in the interest of public welfare, authorize the removal or encroachments and illegal constructions in public places”.

Thus Councilor Fianza explained in his proposal that in order to avoid any dispute or problem in the implementation of the barangay policies relative to parking regulation and the use of streets within their respective jurisdictions it becomes important for the barangays to prepare and submit their respective traffic and parking plans for possible incorporation or inclusion to a comprehensive city traffic ordinance to be adopted.

Likewise the proposed resolution also recommends to require that the plans, including the revisions of earlier reviewed traffic schemes shall be shown to have been subjected to public hearings in order to facilitate consideration and action on the same.