Closure and Opening of Roads by Local Government Units (LGUs)

The power to open and close roads, streets, alleys, and other similar passageways is a significant function vested in Local Government Units (LGUs) under the Local Government Code of the Philippines (Republic Act No. 7160). This power is crucial as it directly affects the local community’s mobility, development, and public welfare. Below is a comprehensive legal discussion of this topic:

I. Legal Basis

The power of LGUs to open or close roads is provided under the following provisions of Republic Act No. 7160:

Section 21: Closure and Opening of Roads
Section 10: Limitations on Closure of Roads

These provisions outline the legal requirements and limitations that an LGU must observe in exercising this power.

II. Power to Open Roads

The Local Government Code grants LGUs the power to open new roads or other similar passageways as part of their general welfare functions and development programs. This includes the power to construct and maintain public roads and other infrastructure projects within their territorial jurisdiction.

Scope of Power: The opening of new roads generally involves the planning and development of new streets and passageways for public use, which can be necessary for urban expansion, access to public services, or promoting economic development.
Initiative Process: The LGU, through its legislative body (Sangguniang Bayan/Panlungsod/Barangay), may initiate the opening of a road. This action typically follows urban planning or development needs, or a public petition may request it.
Funding: The funds for opening new roads may come from the LGU’s development funds, national government subsidies, or external grants, provided they are consistent with national development priorities.

III. Power to Close Roads

The closure of roads, streets, alleys, or other passageways is more complex and subject to strict legal limitations. Closure can be permanent or temporary, depending on the reasons for closure.

1. Permanent Closure

Permanent closure refers to the cessation of a road’s status as public property and its conversion to private use or another form of public property use.

Section 21(a) of the Local Government Code: This provision outlines the general authority of the LGU to permanently close roads, streets, or alleys provided that they are no longer necessary for public use.
Procedure for Permanent Closure:
1. Public Hearing: Before the permanent closure of any road, street, or alley, the LGU is required to conduct a public hearing with the residents of the community who may be affected by the closure. The public hearing ensures transparency and provides the community an opportunity to voice their concerns.
2. Ordinance: After conducting the necessary public hearing, the local Sanggunian (Sangguniang Panlungsod or Sangguniang Bayan) must enact an ordinance to authorize the closure of the road. The ordinance is the legal instrument that formalizes the closure.
3. Concurrence of National Agencies: If the road in question is part of a national highway or otherwise falls under the jurisdiction of a national government agency (such as the Department of Public Works and Highways or the Department of Transportation), the LGU must secure the concurrence of the concerned national agency before closure.
Disposition of Property: Once closed, the property may be reclassified as patrimonial property, meaning the LGU can dispose of or use the property for another purpose (e.g., for housing projects, commercial developments, etc.). However, there is a restriction: the property may be sold only to the owners of the adjoining land at a reasonable price if it is no longer needed for public use.

2. Temporary Closure

Temporary closure is typically done for specific events or purposes and does not change the legal status of the road as public property.

Section 21(b) of the Local Government Code: This provision allows LGUs to temporarily close and regulate the use of any local street, road, or alley during public events like fiestas, parades, and other similar occasions.
Procedure for Temporary Closure:
1. The LGU may pass a resolution or issue an executive order for the temporary closure of a road or street for a specific period.
2. There is no requirement for a public hearing for temporary closure, but proper public notice should be provided to ensure minimal disruption to the community.
Common Uses for Temporary Closure:
- Community events like fiestas, parades, and other celebrations.
- Maintenance and repair work on roads and infrastructure.
- Public safety concerns during emergencies or calamities.

IV. Limitations and Restrictions

While LGUs have the power to open and close roads, there are legal limitations and restrictions imposed to protect the public's interest and ensure accountability. These limitations are crucial to prevent arbitrary closures that could harm public welfare.

1. Necessity for Public Use (Section 21(a))

A road, street, or alley may be closed permanently only if it is no longer needed for public use. This criterion protects the public from being deprived of essential access routes, especially in densely populated areas where road space is scarce.

2. Requirement for Public Hearing

The mandatory public hearing for permanent closures ensures public participation and transparency in the decision-making process. The affected residents must be given a reasonable opportunity to be heard before the closure is finalized.

3. Compensation for Affected Parties

In cases where the closure of a road results in the impairment of access to a property or negatively impacts a business or residence, the LGU may be required to compensate the affected parties. This requirement stems from the constitutional provision that private property shall not be taken for public use without just compensation (Article III, Section 9 of the Philippine Constitution).

4. Restrictions on Sale of Closed Roads

Under Section 10 of the Local Government Code, if a permanently closed road is no longer required for public use, it may only be sold to owners of the adjacent properties. This limitation ensures that public property is not disposed of without due consideration of those who may be most affected by its closure.

V. Other Relevant Considerations

1. National vs. Local Roads

LGUs only have jurisdiction over local roads within their territorial boundaries. National roads, which are under the jurisdiction of the national government, may only be closed or modified with the consent of the appropriate national agency, such as the Department of Public Works and Highways (DPWH).

2. Public Safety and Welfare

The closure or opening of roads must always consider public safety and welfare. Roads used for evacuation, emergency response, or essential public services should not be closed unless absolutely necessary, and alternative routes must be provided.

3. Judicial Review

Decisions to open or close roads are subject to judicial review. If an LGU’s action is deemed arbitrary, discriminatory, or in violation of due process, affected individuals or entities may challenge the closure or opening before the courts. LGUs must ensure that all actions comply with procedural and substantive due process requirements.

Conclusion

The power of Local Government Units to close and open roads is a significant tool for urban planning and development, but it is subject to several legal requirements and limitations. LGUs must ensure that closures and openings are conducted transparently, with due regard for public welfare, property rights, and procedural fairness. The legal framework provided by the Local Government Code of 1991 ensures that this power is exercised within a balanced system that respects both public and private interests.