DAVAO CITY – The decision of the police to close a segment of the Carlos P. Garcia Highway in front of the Kingdom of Jesus Christ (KOJC) here was deemed illegal as the Davao City government bared on Wednesday, September 4, that it did not issue any permit for the partial road closure.
A statement on the City Government of Davao Facebook page said that by law, particularly Republic Act 7160 or the Local Government Code of 1991, only the local government is legally authorized to close or open roads within its jurisdiction, either permanently or partially.
The city government cited Section 21 (a), “Closure and Opening of Roads,” which states that a local government unit may, under an ordinance, permanently or temporarily close or open any local road, alley, park, or square falling within its jurisdiction.
However, 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 an adequate substitute for the public facility subject to closure is provided when necessary.
Section 21 (c) states that any national or local road, alley, park, or square may be temporarily closed during an actual emergency, fiesta celebrations, public rallies, agricultural or industrial fairs, or any public works and highways, telecommunications, and waterworks projects.
Duration shall be specified by a Local Chief Executive concerned in a written order, provided, however, that no national or local road, park, or square shall be temporarily closed for athletic, cultural, or civic activities not officially approved by a local government unit concerned.
“Based on the aforementioned law, the authority to partially close the national highway fronting the KOJC compound solely resides with the City of Davao through the City Mayor (Sebastian Z. Duterte),” the unsigned statement said.
The Davao City government urged the Philippine National Police (PNP) to refrain from illegally closing portions of the Carlos Garcia Highway and immediately remove all forms of barricade to ensure smooth traffic flow and allow motorists and the public to traverse the area safely.
The city government only issued a special mayor’s permit for the executive pastor of the KOJC and its members to hold a prayer rally and candle lighting at their compound on August 25 at around 6 p.m. onwards. No other permits were further issued.
The City Council, through Councilor Temujin “Tek” Ocampo, adopted a resolution on Tuesday, September 3, requesting the Land Transportation Office-11 and the Highway Patrol Group to enforce traffic regulations on Carlos Garcia Highway near the Davao International Airport.
Ocampo said the resolution aims to ensure smooth traffic flow and eliminate obstructions along the highway. He added that the traffic congestion in the area has caused a lot of inconvenience to students and workers here.
As of 12 p.m. on Wednesday, September 4, the Carlos P. Garcia Highway was passable to all vehicles. Some policemen were manning the gates and establishments of the KOJC, while others were seen alongside the highway.