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30/11/2024

Hon. Sara Zimmerman Duterte 💚
Vice President
Republic of the Philippines

19/11/2024

31/10/2024

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04/09/2024

STATEMENT

The City Government of Davao did not issue any permit for the partial closure of the Carlos P. Garcia Highway (CP Garcia Highway), particularly fronting the KOJC compound.

By law, only the local government is legally authorized to close or open roads within its jurisdiction, either permanently or partially. Section 21 (a) and (c) of R.A. 7160 is illustrative on this particular point, thus:

Section 21. Closure and Opening of Roads.
(a) A local government unit may, pursuant to an ordinance, permanently or temporarily close or open any local road, alley, park, or square falling within its jurisdiction: Provided, however, That in case of permanent closure, such ordinance must be approved by at least two-thirds (2/3) of all the members of the sanggunian, and when necessary, an adequate substitute for the public facility that is subject to closure is provided.

(c) Any national or local road, alley, park, or square may be temporarily closed during an actual emergency, or fiesta celebrations, public rallies, agricultural or industrial fairs, or an undertaking of public works and highways, telecommunications, and waterworks projects, the duration of which shall be specified by the local chief executive concerned in a written order: Provided, however, That no national or local road, alley, park, or square shall be temporarily closed for athletic, cultural, or civic activities not officially sponsored, recognized, or approved by the local government unit concerned.

Therefore, based on the afore-cited law, the authority to partially close the national highway fronting the KOJC solely resides with the City of Davao through the City Mayor.

We urge the Philippine National Police to refrain from illegally closing portions of the CP Garcia Highway and to immediately remove all forms of barricade to ensure the smooth flow of traffic and allow motorists and the public to safely traverse the area.

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