: REPUBLIC OF THE PHILIPPINES, DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT A. Francisco Gold Condominium II EDSA Cor. Mapagmahal St., Diliman Quezon City LEGAL SERVICE _itc Legal opinion No. 64.2011 HON. HECTOR B. INDUCTIVO NOV 24 201 Punong Barangay, Barangay UP Village Mapayapa Cor. Maayusin Sts., UP Village Quezon City Dear PB Inductivo: This has reference to your 06 October 2011 letter requesting this Department's opinion on whether punong barangays have the authority to order the temporary closure of roads pursuant to Section 21 (c) of the Local Government Code of 1991 (LGC) Based on your letter and the references attached thereto, on 10 August 2011, a one-day closure to vehicular traffic of Maayusin Street, Barangay U.P. Village, Quezon City was acceded by your Honor to give way to the road/drainage improvement of the City Government. Barangay San Vicente, Quezon City PB Kristhine Del G. Andraneda was informed through a phone calll of the said temporary closure on 09 August 2011 which surprised and dismayed the latter due to the absence of prior consultation since the said street is the only ingress and egress of Barangay San Vicente. This prompted PB Andraneda to write a letter to the Department seeking immediate action on issue. On 18 August 2011 the Office of DILG City Director Maria Lourdes L. Agustin opined that barangay officials are without authority to close city roads as the power belongs to the City Council as provided for in Section 458 of the Local Government Code of 1991 (LGC). ‘Thereafter, in your 12 September 2011 letter addressed to Secretary Jesse M. Robredo, your Honor raised the issue on the authority of barangay officials to close roads thereby questioning the above opinion of Dir. Augustin In a 28 September 2011 letter of DILG NCR Director Renato L. Brion, it was discussed therein that barangay officials, as individuals, do not have the authority to close roads. Under Sec. 21 of the LGC, it is the local government unit that is empowered to permanently or temporarily close roads, and the same must be through an ordinance that is validly enacted. Hence this instant query. The manner of closure and opening of roads, whether temporary or permanent, is provided under Section 21 of the Local Government Code of 1991, viz. ‘Section 21. Closure and Opening of Roads. - (2) A local government unit may, pursuant to an ordinance, permanently or temporary close or apen any local rd, alle, park, or square fang within its jurisdiction’ Provided, however, Tha in case of permanent ‘closure, such ordinance must be approved by af least fwo-hirds (2/3) of al the members of the sanggunian, and when necessary, an adequate substitute forthe public facil that is subject to closure is provided. (0) No such way or place or any part thereof shall be permanently closed without making provisions for tho ‘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 fo the local goverment unt concert may be lawfuly used or conveyed: Provided, Nowever, That no freedom park shall be closed permanerily without provision for its transferor relocation to a new site (6) Any national or local road, alley, park, or square may be temporarily cl (or fiesta celebrations, publ rales, egnogural or indusinal fas, or ed during an actual emergency undertaking of public works andhighways telecommunications, and waterworks projects, the duration of which shall be specified by the local chief executive concermed in a written order: Provided, however, That no national or local rac. alley, park, or square shall be fermporaniy closed for athletic, cultural. or civic actives not officialy ‘sponsored, recognized, or approved by the local government unit concerned, (4) Any city, municipaliy, or barangay may, by 2 duly enacted ordinance, temporaniy clase and regulate the tse of any local stret, road, thoroughfare, or any oer pubic place where shopping malls, Sunday, flea or ight markets, or shopping areas may be established and where goods, merchandlse, foodstufs ommodties, or articles of commerce may be sold and dispensed tothe general publi.” Under paragraph (a) of the aforequoted LGC provision, temporary and permanent closure and opening of roads generally requires the enactment of an ordinance by the sanggunian of the local government unit (LGU) concerned. This authority encompasses all levels of the local sanggunians. However, in case of road closures of temporary character that may only be for a short duration of time, the LGC under paragraph (c) of aforequoted provision authorizes the Local Chief Executive (LCE) to issue an order declaring the temporary closure only during the occasions specified on the code, namely: actual emergency; fiesta celebrations; public rallies; agricultural or industrial fairs, undertaking of public works and highways, telecommunications and water works projects, the duration of which should be specified in the LCE's written order. This is to give the LCE the opportunity to act immediately considering the general welfare of the inhabitants. The authority granted to LCEs to order temporary road closure under Section 21 (c) of the Code encompasses LCEs of all political units. Applying the foregoing to the instant query, it is clear that punong barangays have the authority to order the temporary closure of roads under Section 21 (c) of the Code through a written order which should specify the duration of the temporary closure. However, executive orders issued by the PBs are subject to the review of the city mayor who exercises general supervision over component barangays pursuant to Section 30 and 32 of the LGC. This is to ensure that said executive orders issued conform to the law and local ordinances. Nevertheless, this authority must not be exercised arbitrarily since this statutory grant of police power to local government units is based on the general welfare provision under Section 16 of the LGC which has for its purpose the maintenance of peace and order and the preservation of the comfort and convenience of the inhabitants, among others. Very, truly yours, we JESUS B. DOQUE | Director t1t AY