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DILG MC 2020-031 Mandatory Impounding Areas by LGUs

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,,-,,,('.i\"t..NTOF 1'1(~
~~~OFFICIAL~~.
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~""RE~E
_::.Signature
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l- Date - - .-'
Republic of the Philippines ,,~ Time : ~ ..,
DEPARTMENTOF THE INTERIORAND LOCAL GOVERNMENT 7:'1 RECORDS SEC110N if.
DILG-NAPOLCOM Center. EDSA corner Quezon Avenue. West Tnangle, Quezon City .~~.A 0(\ ~
http://www.dilg.gov.ph '''On'1'V:J

12 FE8 2020
MEMORANDUM CIRCULAR
No. 2020-031

TO ALL PROVINCIAL GOVERNORS, CITY AND MUNICIPAL


MAYORS, PUNONG BARANGAYS, PRESIDING OFFICERS OF
LOCAL SANGGUNIANS, DILG REGIONAL DIRECTORS,
BARMM MINISTER OF LOCAL GOVERNMENT, AND ALL
OTHERS CONCERNED

SUBJECT MANDATORY ESTABLISHMENT OF IMPOUNDING AREAS BY


LOCAL GOVERNMENT UNITS
The Local Government Code (LGC) vested police powers to LGUs, inherent to
regulate the use of streets, avenues, alleys, sidewalk, bridges, parks, regulate traffic on
all streets and bridges; prohibit encroachments or obstacles thereon and, when
necessary for the interest of public welfare, authorize the removal of encroachments
and illegal constructions in public places. The underlying mandate of this police power
to LGUs is set out in Section 16 of the Local Government Code, to serve the public
interest and advance the general welfare of the people in the locality

Consistent with this statutory provisions of the Code, DILG Memorandum


Circular (MC) No. 2019-121 dated July 29,2019 was issued, enjoining local government
officials to reclaim public roads, mandating further, the revocation of permits given to
private entities to occupy public roads, alleys and other thoroughfares. This policy on
clearing of roads and obstructions is complemented with the issuance of DILG MC
2020-004 dated January 10, 2020, mandating LGUs to regulate the operation of
tricycles, and in the granting of franchises, reiterating further, specific provisions of RA
4136 (The Land Transportation and Traffic Code) on prohibition of illegal parking of
motor vehicles in sidewalks.

Moreover, DOTr-DWPH-DILG Joint Memorandum Circular No. 2018-001 was


issued on January 17, 2018, which specifically mandates local government units to
classify roads and enforce speed limits, with the end in view of enhancing public health,
convenience, maintain peace and order and promote the general welfare of the
inhabitants prescribed under the Code.

In view hereof, and for purposes of strengthening and sustaining efforts on


clearing roads, alleys and sidewalks for smooth flow of vehicular traffic, and for the
safety and convenience of the inhabitants, cities and municipalities are mandated to:
..

• Establish an impounding area for the safekeeping of immobilized and towed


vehicles on the streets that are illegally parked and stalled parked vehicles,
other traffic violation offenses punishable with impoundment as prescribed in
the ordinance, to include vehicles involved in accidents; and

• Adopt an ordinance prescribing clear guidelines on towing, impounding and


releasing of impounded vehicles, to provide certain penalties, as may be
appropriate and necessary. The ordinance shall be founded on clear
authority, clarity, consonant with the general powers, prescribed purpose,
consistent with national laws and policies, and shall not be unreasonable or
discriminatory.

All DILG Regional Directors and the BARMM Minister of Local Government are
hereby directed to cause the immediate and widest dissemination of this Memorandum
Circular to all local government units within their respective regions, and to monitor
LGUs' compliance thereof. -

E
Secretary

DILG-OSEC 02112020-006

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