Purchasing a Portion of a Public Road in the Philippines

Simplified Query: Maaari ko bang bilhin ang bahagi ng kalsada upang magkaroon ng eksklusibong karapatan na magparada?

In the Philippines, the ownership and use of public roads are regulated by various laws and government policies. Understanding these regulations is essential for determining whether you can purchase a portion of a public road adjacent to your property.

Public Roads and Ownership

Public roads are generally considered public property. They are owned by the government and are intended for public use. According to the Civil Code of the Philippines:

• Article 420: Public roads are considered public property and part of the public domain.
• Article 424: Properties of public dominion are not subject to appropriation and cannot be alienated unless they are declared no longer needed for public use.

Process of Acquiring Public Land

To acquire a portion of a public road, the following steps and considerations are typically involved:

1. Declaration of Public Land as No Longer Needed for Public Use:

   • Local Government Resolution: The local government unit (LGU) where the road is located must pass a resolution declaring that the specific portion of the road is no longer needed for public use.
   • Public Hearing: The LGU may conduct a public hearing to gather the opinions and concerns of affected residents and stakeholders.

2. Reclassification and Alienation:

   • Reclassification: Once declared as no longer needed for public use, the land can be reclassified from public to patrimonial property.
   • Alienation Process: The reclassified land can then be subject to alienation, which means it can be sold or leased to private individuals.

3. Application to the Department of Environment and Natural Resources (DENR):

   • Land Application: Submit an application to the DENR for the purchase of the reclassified land. This includes providing necessary documents such as the LGU resolution, public hearing records, and a detailed survey plan.
   • Approval: The DENR will review the application and, if approved, will proceed with the sale or lease of the land.

4. Purchase Agreement:

   • Negotiation and Payment: Negotiate the terms of purchase with the government. Once agreed upon, you will need to make the payment as specified in the agreement.
   • Title Transfer: Upon completion of payment, the title to the land will be transferred to you, granting you exclusive rights over the purchased portion.

Restrictions and Considerations

1. Regulatory Compliance:

   • Building Codes and Zoning Laws: Ensure that your intended use of the land complies with local building codes and zoning laws.
   • Environmental Regulations: Adhere to environmental regulations that may apply to the modification or use of the land.

2. Continued Public Access:

   • Easements: The government may require easements to ensure continued access for utilities or emergency services.

3. Community Impact:

   • Community Relations: Consider the impact on your neighbors and the community. Exclusive use of a previously public road can affect traffic flow and accessibility for others.

Conclusion

Purchasing a portion of a public road in the Philippines is a complex process that involves multiple steps, including obtaining a declaration that the land is no longer needed for public use, reclassification, and approval from the DENR. It is crucial to comply with all legal requirements and consider the impact on the community and local regulations. Consulting with legal experts and local government officials can provide guidance and ensure that the process is conducted smoothly and lawfully.