Removal of Obstructions on Roads and Traffic Control

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LETTER OF INSTRUCTION NO. 43: Removal of Obstructions on Roads and Traffic Control

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Title Source: Supreme Court: Removal of Obstructions on Roads and Traffic Control

Law: Letter Of Instruction No. 43

Decision Date: Nov 28, 1972

A letter of instructions is issued in the Philippines to ensure a continuous flow of transportation on streets and highways by removing obstructions and implementing measures for road repair, traffic management, and vehicle handling. Failure to comply with the instructions will result in the removal, impounding, and cancellation of registration of stalled or illegally parked vehicles.

Law Summary

Removal of Obstructions on Streets and Highways

Mandates the removal of all impediments such as objects, constructions, stalled vehicles, illegally parked vehicles, and movable property obstructing free passage.
Applies to streets, sidewalks, and highways.

Implementation of Road Repair and Traffic Management Systems

Requires recipients to study, adopt, and implement a system for expeditious repair of roads and highways.
Instructs the formulation of methods for traffic administration, management, and control to assure uninterrupted transportation flow.

Promotion of Public Safety and Discipline

Calls for reasonable measures to secure discipline and public safety on streets and highways.
Aims to promote general public convenience in transportation matters.

Coordination and Assistance Obligations

Calls for close coordination among the designated officials and agencies.
Emphasizes prompt and effective execution of the directives.

Specific Provisions for Stalled and Illegally Parked Vehicles

Owners/users must immediately remove stalled or illegally parked vehicles.
Consequences if owners/users fail to act:
- First offense: vehicle removed, towed, and impounded at the owner’s/user’s expense.
- Second and subsequent offenses: confiscation of vehicle registry plates and cancellation of the owner’s certificate of registration.

Safeguards During Execution

Injuries to persons or damage to property must be carefully avoided during enforcement.

Rulemaking Authority

The Secretary of National Defense is designated to issue implementing rules and regulations to effectuate the instructions.

Legal and Administrative Context

Issued by the President of the Republic of the Philippines on November 28, 1972, reflecting a national security and public order imperative under Proclamation No. 1081.

END