NEW SUN VALLEY HOMEOWNERS ASSOCIATION INC. vs SANGGUNIANG BRGY.

,SUN
VALLEY (G.R. NO. 156686, JULY 27, 2011)
Case Digest Prepared By: Katrina P. Tabu

FACTS:
 The Sangguniang Barangay of Barangay Sun Valley issued a Resolution to petitioner New
Sun Valley Homeowners Association (NSVHAI) directing it to open Rosemallow and Aster
Streets to private vehicles and pedestrian traffic at all hours daily except from 11 p.m to 5
a.m;
 NSVHAI filed a petition for a Writ of Preliminary Injunction/Permanent Injunction with a
prayer for issuance of TRO with the RTC, arguing that the resolution would disrupt the
residents' safety, health and well-being, that it would destroy the roads and drainage system
on said streets (as these were not designed to withstand heavy traffic), and that there are
other ways to ease traffic flow by means of strict enforcement of traffic rules and regulations,
and the presence of traffic enforcers on all traffic choke points;
 NSVHAI also claimed that respondent had no jurisdiction over the opening of Rosemallow
and Aster Streets as such can only be ordered through an ordinance;
 The Sangguniang Barangay filed its Motion to Dismiss on the grounds of lack of court
jurisdiction over the subject matter, alleging that the subject streets are of the public domain
and are thus owned by LGU Paranaque.

RTC: Dismissed
CA: Affirmed

ISSUE:
 WON LGU Paranaque has the power to close and open roads within its jurisdiction

HELD:

YES. LGUs have the power to close and open roads within its jurisdiction. As provided under
Section 21 of the Local Government Code (LGC), 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. It is clear that LGUs have the power to
close and open roads within its jurisdiction. On the otherhand, since Rosemallow and Aster
Streets have already been donated by the Sun Valley Subdivision to the City Government of
Paranaque, they have since then taken the nature of public roads which are withdrawn from
the commerce of man, and hence placed beyond the private rights or claims of herein
Appellant. Section 21 of the LGC thus does not apply in this case. The subject roads belong
to the City Government of Paranaque. Accordingly, the Appellant was not in the lawful
exercise of its predicated rights when it built obstructing structures closing the road lots in
question to vehicular traffic for the use of the general Public. Consequently, Appellees act of
passing the disputed barangay resolution, the implementation of which is sought to be
restrained by Appellant, had for its purpose not the opening of a private road but may be
considered merely as a directive or reminder to the Appellant to cause the opening of a
public road which should rightfully be opened for use to the general public.