BAGUIO CITY – The City Council approved a resolution requiring all the city’s 128 barangays to submit their traffic schemes and plans for possible adoption or incorporation in the comprehensive transportation and traffic ordinance which is now being subjected to amendments by the local legislative body.
The resolution authored by Councilor Peter Fianza stated to avoid or prevent conflicts in the implementation of the different barangay policies regulating parking and the use of streets within their territorial jurisdictions, there needs first a barangay traffic scheme adopted or incorporated in appropriate city ordinances or forms a part of an ordinance that may now have to be considered by the local legislative body for a comprehensive and holistic regulation.
The resolution pointed out that a barangay should submit to the local legislative body suggestions or recommendations to improve the barangay or the welfare of the inhabitants of the barangays as suggested by the provisions of the Local Government Code.
Fianza argued it is the local legislative body, as provided under Section 458 of the Local Government Code, which has the power to shall enact ordinances, approved resolutions and appropriate funds for the general welfare of the city and its inhabitants and shall approve ordinances which shall ensure the efficient and effective delivery of the basic services and facilities as provided for in the code and in addition to said services and facilities shall 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, designate stands to be occupied by public vehicles when not in use, regulate the putting up of signs, sign posts, awnings and awning posts on the streets and provide for the lighting, cleaning and sprinkling of streets and public places.
According to him, barangays, though allowed to establish, maintain and regulate parking areas, do not have the power to regulate roads and streets, even if they may be classified as barangay roads as noted under Section 391 of the Local Government Code which defines the powers, duties and functions of the Sangguniang Barangay.
He noted some barangays even have the impression that such regulations can be implemented on their own in accordance with the deputization made to implement Administrative Order No. 116, series of 2016 or the Anti-road Obstruction Order.
Fianza claimed the implementation of AO No. 116, series of 2016 has allegedly engendered great interest and cooperation in putting order in the use of roads and streets in the city and in fact, it has inspired or influenced many barangays to not only implement obstruction clearing operations directed by the order but to also adopt policies to regulate parking and the use of streets in their respective jurisdictions, some of which have passed review by the local legislative body which is not technically in order as it presupposes authority of barangays to do the same.
By Dexter A. See
