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  1. Join Date
    May 2008
    Posts
    4
    #21
    Upping this.

    I think the issue here is a public road being appropriated by several homeowners and transforming it into a private road. Some homeowners are given a go signal by the local barangay but still, it is a public road. What's the specific laws on this.

  2. Join Date
    Jan 2003
    Posts
    1,403
    #22
    In the development of subdivisions, the developer or the resultant homeowners' association has the option of ceding the roads to the government in lieu of continually paying property taxes. If the roads are ceded, they become public property and hence should be opened for the general public's use, i.e. policies requiring stickers for entry or toll fees are not allowed.

    On the other hand, the developer/association has the option to keep the roads private and continue to pay property taxes. In this case, it has every right to put up gates and require association stickers or toll fees. Where it has due cause, the government can compel the developer/association to cede the roads under the principle of eminent domain. However the government will be required to compensate the association appropriately.

    Not sure though about the reverse - appropriating public roads and effectively turning them into private property for the benefit of a specific group. But the local government code stipulates the following:

    SEC. 21. Closure and Opening of Roads. - (a) A local government unit may, pursuant to an ordinance, permanently or temporarily close or open any local road, alley, park, or square falling within its jurisdiction: Provided, however, That in case of permanent closure, such ordinance must be approved by at least two-thirds (2/3) of all the members of the sanggunian, and when necessary, an adequate substitute for the public facility that is subject to closure is provided.

    (b) No such way or place or any part thereof shall be permanently closed without making provisions for the maintenance of public safety therein. A property thus permanently withdrawn from public use may be used or conveyed for any purpose for which other real property belonging to the local government unit concerned may be lawfully used or conveyed: Provided, however, That no freedom park shall be closed permanently without provision for its transfer or relocation to a new site.

    (c) Any national or local road, alley, park, or square may be temporarily closed during an actual emergency, or fiesta celebrations, public rallies, agricultural or industrial fairs, or an undertaking of public works and highways, telecommunications, and waterworks projects, the duration of which shall be specified by the local chief executive concerned in a written order: Provided, however, That no national or local road, alley, park, or square shall set temporarily closed for athletic, cultural, or civic activities not officially sponsored, recognized, or approved by the local government unit concerned.

    (d) Any city, municipality, or barangay may, by a duly enacted ordinance, temporarily close and regulate the use of any local street, road, thoroughfare, or any other public place where shopping malls, Sunday, flea or night markets, or shopping areas may be established and where goods, merchandise, foodstuffs, commodities, or articles of commerce may be sold and dispensed to the general public.

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