Highway obstructions

Dear Atty. Chris,

I was driving on a highway somewhere in the north when I noticed that farmers are drying their palay along the road. Is it okay for them to do this since it’s a highway? Thank you, Atty!

Dear Sherwin,

Sherwin

An order preventing and prohibiting the drying of crops in highways exists.

Department Order (DO) 43, Series of 2013, issued by the Department of Public Works and Highways (DPWH) categorically prohibits the drying of crops, such as palay (unmilled rice) and other farm produce, on national highways.

This department order declares it unlawful for any person to usurp any portion of a right-of-way, or to convert any part of any public highway for private use, or to obstruct it in any manner. Without leaving room for misinterpretation, DO 43 states that: “It is hereby directed that drying of palay and other farm produce along national highways be totally banned.” In addition, it provides that any person violating this order is punishable with up to six months of imprisonment or a fine of up to P1,000.

The use of public highways for drying of crops was prohibited long before the issuance of the aforementioned department order. The DPWH issued an earlier order, DO 52, series of 2003, which identifies the act of “washing and drying of clothes, crops and similar items” as among the included list of obstructions and prohibited uses of public highways. This department order cited Presidential Decree 17 from 1972, also known as the “Revised Philippine Highway Act,” as its basis, which aims to maintain existing infrastructure facilities, such as highways.

These cited department orders were issued in the interest of public safety in recognizing the dangers of obstructing national highways with objects not intended for its main use. From this, it is clear that drying of crops on public highways is illegal and punishable by law.

Hope this helps.