Department of the Interior and Local Government(DILG)

November 18, 2019 Dear juan guerta, I refer to my letter of Oct 25, 2019 10:44:01 AM; about your request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for MC 121 2019 purpose and coverage. Our response to your request is due on Nov 15, 2019 10:44:01 AM. Unfortunately, it is taking longer than expected to deal with your request because we are still waiting for the reply of the Bureau of Local Government Supervision - the bureau responsible for drafting the said Memorandum Circular. I apologize for this delay but have applied for an extension so we could work further on your request. We hope to be able to send you a response on or before Dec 13, 2019 10:44:01 AM. Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURJTEctNjY1MjMyNDc3MDM5DA, for request with ticket number #DILG-665232477039. Thank you. Respectfully, Lourdes Lladones FOI Officer

December 10, 2019 Dear juan guerta, Greetings! Thank you for your request dated Oct 25, 2019 10:44:01 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. Your Request You asked for MC 121 2019 purpose and coverage. Response to Request Your FOI request is approved. I enclose a copy of some of the information you requested. The coverage of the directive of the road clearing operations, imposed through DIL MC 2019-121, covers all public roads within all Local Government Units in the Philippines. The size of the easement/road right of way of a public road depends on the Development Plan of the concerned LGU. Modification of the size/distance or any other measurements of the easement may be done by interested parties (in this case, the private land owner and the LGU) as long as no law is broken and no injury is incurred by a third party. As Legal basis on the LGU's determination of the road easement, one may refer to the Republic Act no. 386 also known as the Civil Code of the Philippines, particularly under Title VII, Chapter 2, Section 3 of the code. To clarify the issues on the easement size, one may refer to Title VII, Chapter 2, Section 3, Article 650 and 651: "The easement of right of way shall be established at the point least prejudicial to the servient estate, and, insofar as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest" ; "The width of the easement of right of way shall be that which is sufficient for the needs of the dominant estate, and may accordingly be changed from time to time". As mentioned before, road right of way distance is dependent on the conditions agreed upon by the Property Owner and LGU. https://www.officialgazette.gov.ph/1949/06/18/republic-act-no-386/ Your right to request a review If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to Hon. Eduardo M. Año, SEcretary, DILG-NAPOLCOM Center, Quezon Ave., Quezon City. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request. If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011). Thank you. Respectfully, Lourdes Lladones FOI Receiving Officer