Political and Public International Law › Local Governments (RA 7160, as amended by RA 9009 and 11683) › Powers and Administration of Local Government Units (LGU) › Powers

f. Closure and Opening of Roads

Closure and Opening of Roads

A LGU may, pursuant to an ordinance, permanently or temporarily close or open any local road, alley, park, or square falling within its jurisdiction.

Permanent Closure v. Temporary Closure

PERMANENT CLOSURE TEMPORARY CLOSURE
1. Ordinance must be approved by at least two-thirds (⅔) of all the members of the sanggunian.

2. When necessary, an adequate substitute for the public facility that is subject to closure is provided.

3. Provisions for the maintenance of public safety shall be made.		 1. A national or local road, alley, park, or square may be temporarily closed under the conditions in Section 21(c) of the Local Government Code.

2. Temporary closure 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.

3. The duration of which shall be specified by the local chief executive concerned in a written order.

Temporary Closure

It should NOT be temporarily closed for athletic, cultural, or civic activities not officially sponsored, recognized, or approved by the local government unit concerned. 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.

The requirement of an ordinance to open a local road does not apply if the subdivision road lots sought to be opened to decongest traffic in the area have already been donated to, and the titles thereto already issued in the name of the City Government, and the road lots in question have since then taken the nature of public roads which are withdrawn from the commerce of man. (New Sun Valley v. Sangguniang Barangay, G.R. 156636, 2011).

Road, alley, park or square is
National Local
Temporary closure only 1. Temporary
2. Permanent closure

Requisites for Temporary Closure

  • Via ordinance;
  • Maybe done due to:
  • Actual emergency;
  • Fiesta celebrations;
  • Public rallies;
  • Agricultural or industrial fairs; or
  • Undertaking of public works and highways, telecommunications, and waterworks projects;
  • Duration of closure must be specified by the local chief executive in a written order; and
  • If for the purpose of athletic, cultural, or civic activities, these must be officially sponsored, recognized, or approved by the local government.

NOTE: A City, Municipality, or Barangay may also 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 for the general public.

Authorities

  • New Sun Valley v. Sangguniang Barangay, G.R. No. 156636