THE POLICE decision to close a portion of Carlos P. Garcia Highway in front of the Kingdom of Jesus Christ was deemed illegal since it was not supported by proper permits from the 20th City Council.
City Hall released a statement on Wednesday, Sept. 4, stressing it did not authorize the PNP to close the road to traffic.
“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,” the statement read.
The statement added that only the local government is legally authorized to permanently or partially close roads within its jurisdiction citing Section 21 (a) and (c) of R.A. 7160 or the Local Government Code of 1991.
“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,” Section 21 (a) reads.
Section 21 (c) provided that the closure may be done 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, for which duration will be specified by the city mayor.
The section added that no national or local road 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,” the statement added.
The statement follows the resolution passed by Councilor Luna Acosta, committee chair for peace and public safety, on Tuesday reminding the PNP to uphold the rule of law and respect the Constitution amid the ongoing tension with the members of KOJC.
Acosta said the PNP occupied a certain portion of the road and utilized it as a parking space for their mobile units.
Councilor Temujin Ocampo also passed a corollary resolution urging the Land Transportation Office and Highway Patrol Group to ensure traffic laws are followed along the said highway.
“The purpose of this resolution is to ensure a smooth flow of traffic for businesses and for commuting public such as the students passing by the area,” Ocampo said.
On the second day of the search on Sunday, Aug. 25, KOJC members conducted a prayer vigil in the portion of national highway outside Jose Maria College, where they were able to put up a makeshift stage and barricades out of their vehicles and heavy equipment.
The barricades blocked the six lanes from Jose Maria College to the airport entrance. The Police Regional Office XI confirmed that KOJC members secured a rally permit from the city government, but it only applied inside the KOJC compound.
File Photo: Bing Gonzales
