Can Public Roads Be Closed for Exclusive Private Use by Homeowners????

**4wrider** · October 27th, 2008 05:22 PM

If you happen to pass along the residential areas in the vicinity of Makati and Manila borders you probably have noticed that there are a lot of newly gated communities. These gates usually close streets during night time presumably to protect residents. However, it is absolutely inconvenient and scary for others who may have to look for other routes that would usually include going through rough neighborhood.

I'm sure with the approval of the barangay the homeowners association have decided that their streets should be off limits to the public during night times. What I'm not sure is the legal basis of their action to appropriate a public road that is clearly being maintained by the government with public funds. Also, barangay public funds could have been used to put up the gates to exclude the public from using public streets.

Something doesn't seem to tally - Public Funds for Private Use?

If this is legal then what will keep others from doing the same to limit the use of streets in residential areas.

**niky** · October 29th, 2008 12:30 PM

If it's roads built by a subdivision for private use, even if it was previously open to the public (citing BF Homes here and a few others... like Ayala's Verdana development that built a shortcut road between the highway and the technopark...), then they have every right.

If it's previously-built public roads... I don't think they have the right... but who knows? do those roads actually lead anywhere except inside the community? There are some city roads in QC that are gated off, even if they are throughways between two main roads.

**CVT** · October 29th, 2008 12:53 PM

I heard that after 10 years(?) the village roads will be taken over by the city or the municipal government from the Developer, unless the private subdivision/village through its legal Homeowner's Association will pay the real estate taxes associated with the land area that is covered by their village roads. (That would be too much money.)

So, the municipal or city government can flex its muscles and open up these roads for public use. Closing these roads at night is contingent on further discussions between the Homeowner's Association and the municipal or city government....

6909:seehearspeak:

**4wrider** · December 4th, 2008 12:14 PM

However, those roads and streets which are available to the public in general and ordinarily used for vehicular traffic are still considered public property devoted to public use. In such case, the local government has no power to use it for another purpose or to dispose of or lease it to private persons (Macasiano v. Parañaque, SC en banc G.R. No. 97764)

From a cursory reading of relevant laws and jurisprudence, it appears that cities and less so the barangays do not have the right to close any portion of public roads since these are considered part of public domain.

Now, the big question is why such rampant and wanton violations all around us. Makati for example has just put up "feria" in the middle of road near PRC and has even caused the closure of roads 24/7 encouraging youngsters to loiter in the place late in the evening. In the morning it is just a monstrous traffic obstruction.

What about the tarapal tent abutting upto half the streets for children parties, funeral wakes or just any katuwaan of barangay officials? This also clearly tramples the rights of the public motorists and pedestrians. For the the benefit of the few and in abusive exercise of barangay political power.

We take these flagrant violations of our rights as motorists because perhaps we don't really know any better. Or we know but feel helpless, hopeless and just bare that Philippine laws are made to be broken by the those with power, even by those with the littlest authority.

Sure, these things might be just temporary and we suffer but little inconvenience. But what we tolerate now will soon become the standard. And what is small and of insignificant consequence now may soon be, if not already, a major infringement of our motoring rights.

**actor21** · December 4th, 2008 12:38 PM

Sa makati (di ko na babanggitin ang exact street name..pero baranggay Rizal not JP Rizal ha?) pag may birthday or patay naka sara ang Street with baranggay chairman's consent pa, complete with trapal tent pa with Makati Municipality Logos, sometimes i have to search for alternate route para makarating sa paroroonan ko..

hindi ka naman pwede mag reklamo kase pepersonalin ka ng baranggay...iba talaga sa pinas

**1D4LV** · December 4th, 2008 09:13 PM

Originally Posted by niky

If it's roads built by a subdivision for private use, even if it was previously open to the public (citing BF Homes here and a few others... like Ayala's Verdana development that built a shortcut road between the highway and the technopark...), then they have every right.

If it's previously-built public roads... I don't think they have the right... but who knows? do those roads actually lead anywhere except inside the community? There are some city roads in QC that are gated off, even if they are throughways between two main roads.

i think on niky's second paragraph, this is the case applied by the city government of las pinas kaya walang choice ang mga subdivisions except to open up the friendship route. and besides, it is the city government who maintains and lights up the road too.

yung sa BF paranaque, i don't know. tapos na ba ang kas nila with the city government of paranaque? dumaan ako sa el grande and tropical avenues the past few weeks, parati akong sinisita. pero pag sa aguirre ako dumadaan, hindi ako sinisita.

**niky** · December 5th, 2008 12:08 PM

BF's case is complicated, in that it's between two city governments and the village. I've given up using the route, because I can never be sure.

The "friendship" route is a crock. Unless you have a sticker (mine expired), many villages charges toll. By the time you get to the other side, you've spent enough in toll money to make it to Magallanes on the SLEX...

...still, at least they let people in...

**ab_initio** · December 5th, 2008 12:39 PM

Originally Posted by 4wrider

I'm sure with the approval of the barangay the homeowners association have decided that their streets should be off limits to the public during night times. What I'm not sure is the legal basis of their action to appropriate a public road that is clearly being maintained by the government with public funds. Also, barangay public funds could have been used to put up the gates to exclude the public from using public streets.

Something doesn't seem to tally - Public Funds for Private Use?

If this is legal then what will keep others from doing the same to limit the use of streets in residential areas.

PUBLIC FUNDS shall only be taken from the govnt treasury for public purpose...and nothing else. the determination of which activities are imbued with public purpose is the exclusive province of the court...kaya, kahit Juan dela Cruz says, this is for public purpose, if contested by Pedro Rodriguez, then the court steps in...mahirap....

the safety of the residents shall not also be compromised hence, this calls for an efficient police measures of our local executives...eto na yun, palabasin niyo ang pondo, so policemen could keep a tight watch on the incoming vehicles...what i am saying is: allocate a sum of money for police outpost para bawat Juan dela Cruz ay di na maguguluhan in traversing which road...wag naman sana silang garapal...bilyon na nga yung pinag usapan natin na corruption ng isang kawani...ung pag maintain ng police outpost, di pa ma afford???

...WAG NAMANG SWAPANG...

**1D4LV** · December 5th, 2008 05:29 PM

Originally Posted by niky

BF's case is complicated, in that it's between two city governments and the village. I've given up using the route, because I can never be sure.

The "friendship" route is a crock. Unless you have a sticker (mine expired), many villages charges toll. By the time you get to the other side, you've spent enough in toll money to make it to Magallanes on the SLEX...

...still, at least they let people in...

yup bro, medyo complicated and inconsistent nag rules sa BF Paranaque.
on the Las Pinas FS route, yup, i think per subdivision gate charges 10 pesos ata and you will be passing around 6-7 gates. hehehehe. at least, i still have my FS sticker..... hehehehe.

**4wrider** · December 10th, 2008 05:49 PM

I was in northern area of Makati a couple of nights ago at around 9:30 PM. The subdivision was unfamiliar territory for me but had to pick up an important document that same night. Not only was finding the destination address difficult but navigating through the closed roads was really stressful. There was no warning whatsoever that streets you enter on one end will be closed on the other end. With the crooked streets you can't really tell from afar if it's closed until you get stuck in the narrow streets with parked cars on both sides. By then you will have to maneuver from the small available driveways to get out of the dead end streets. Had to do the turnaround twice. And with the oversized SUV I was driving the tasked was doubly difficult.

It was not only I who was victimized by these possiblly illegal expropriation of public roads, there were several others who suffered the same fate that night.

I asked some people there when are the roads supposed to closed and I was told that they are closed beginning 10 PM. I guess some barangay tanods got lazy and wanted to call it a night much earlier then schedule without much thought (well I guess they don't do much of that).

Makati City seemed to be tolerating these traffic obstructions. In fact tents with names of politicians are frequent eyesores and effective road blocks further congesting the already poorly managed traffic in the city.

Any enterprising and thinking opposition to the current city administration can use this as an issue. For me I will just keep to my little rant and just accept that in this country the Peter Principle really works. And that's people tend to rise to their highest level of incompetence. Some make it all the way to the presidency, others as mayors but some will get stuck as barangay tanods.