Ordinance No.

SP – 2704, S-2018 Enacted: April 23, 2018

An Ordinance Authorizing the Varsity Hills Homeowners Association of Varsity Hills
Subdivision, Barangay Loyola Heights, Quezon City, to continue maintain and improving
their existing steel gates.

Ordinance No. SP – 2704, S-2018 states that the Local Government Code of 1991
empowers local government units to enact measures necessary to promote health and
safety, maintain peace and order, and preserve the comfort and convenience of its
inhabitants. The Varsity Hills Subdivision is threatened by the increase in criminality in
the country, therefore the security gates which have been put up more than 30 years ago
are a necessity to it’s residents. The Ordinance states that the Varsity Hills Homeowners
Association has authority to maintain and improve the security gates in Varsity Hills
Subdivision, Barangay Loyola Heights, Quezon City and all costs will be shouldered by
them.

RA No. 99041 July 27, 2009

An Act Providing For A Magna Carta For Homeowners and Homeowner’s Associations
and For Other Purposes

The policy of the State is to uphold the rights or the people to form unions,
associations, or societies and to recognize and promote the rights and the roles of
homeowners as individuals and as members of the society and of homeowners’
associations.

Section 10. Rights and Powers of the Association in relation to roads or structures within
the subdivision

a. In behalf of its members, institute, defend, or intervene in litigation and/ or

administrative proceedings affecting the welfare of the association and the
subdivision/village as a whole, excluding, however, disputes that are not the responsibility
of the association.

b. Regulate access to, or passage through the subdivision/village roads for purposes of
preserving privacy, tranquility, internal security, and safety and traffic
order: Provided, That:
(1) public consultations are held;
(2) existing laws and regulations are met;
(3) the authority of the concerned government agencies or units are obtained; and
(4) the appropriate and necessary memoranda of agreement are executed among the
concerned parties;

c. Cause compliance with regard to height regulations, easements, use of homes,

buildings, edifices, or structures that may be built within the subdivision, in accordance

1 https://www.lawphil.net/statutes/repacts/ra2010/ra_9904_2010.html
with the National Building Code, zoning laws, HLURB rules and regulations, existing local
ordinances, and existing deeds of restriction

Section 18. Relationship with LGUs

- Homeowners’ associations shall complement, support, and strengthen LGUs in

providing vital services to their members and help implement local government
policies, programs, ordinances, and rules.

- LGUs shall, upon due notice, hold public consultations with the members of the
affected associations, especially their officers and directors, where proposed rules,
zoning and other ordinances, projects and/or programs affecting their jurisdiction
and surrounding vicinity are to be implemented prior to the effectivity or
implementation of such rules, zoning, ordinances, projects or
programs: Provided, That in cases of zonal reclassification, the approval of a
simple majority of homeowners shall be required.

RA 7160.2 October 10, 1991

An Act Providing for A Local Government Code of 1991

Section 25. National Supervision over Local Government Units

(a) Consistent with the basic policy on local autonomy, the President shall exercise
general supervision over local government units to ensure that their acts are within
the scope of their prescribed powers and functions.

Memorandum Circular No. 2019-1213 July 29, 2019

th
Subject: Presidential Directive During the 4 SONA To Clear Roads of Illegal Structures
and Constructions

- All local officials are enjoined to exercise their powers essential to reclaim public
roads which are being used for private ends and in the process rid them of illegal
structures and constructions. Local sanggunians are also enjoined to revisit
ordinances and similar legislative measures to ensure responsiveness to this
presidential directive and consistence with related laws and policies.

- Local chief executives are hereby directed to revoke permits that give authority to
private entities to occupy public roads, alleys, and other thoroughfares. In order to
help LGUs share their Local Roads Network Development Plan, all provinces,
highly urbanized cities, cities, and municipalities should prepare an inventory of all
roads within its jurisdiction.

2 https://www.lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html
3https://www.dilg.gov.ph/PDF_File/issuances/memo_circulars/dilg-memocircular-

2019729_2c2087a765.pdf
 - In case of non-compliance, appropriate administrative cases shall be filed pursuant
to Section 60 (C) of the Local Government Code of 19914 and other existing laws
and policies.

Based on the foregoing, homeowner’s or homeowners’ associations are

given the power to regulate access to roads provided that, among others, the
authority of the concerned LGUs are obtained and existing laws and regulations
are met. In relation to the demolition of structures in Varsity Hills Subdivision, their
homeowner’s association must obtain proof, such as an inventory of all roads
within its jurisdiction or a Local Roads Network Development Plan that the road or
structure demolished is within the subdivision’s jurisdiction. If they are unable to,
Memorandum Circular No. 2019-121 shall trump over RA No. 9904 and Ordinance
No. SP – 2704 because according to RA 7160, the president holds the power to
have general supervision over the rules implemented by LGUs. Memo No. 2019-
21 states that local officials are ordered by the President to reclaim public roads
which are being used for private ends and in the process rid them of illegal
structures and constructions. Therefore, local chief executives can revoke permits
or “reclaim all public roads” that give authority to private entities, such as private
subdivisions, to occupy public roads, alleys, and other thoroughfares. DILG
spokesman Jonathan Malaya stated that in order to declare one LGU as fully
compliant on the DILG’s Memo5, it must also enact or revisit ordinances related to
road clearing and banning of illegal construction; prepare an inventory of roads
within their jurisdiction; develop and implement displacement strategies; and
cause the rehabilitation of recovered public roads.

4 Grounds for Disciplinary Actions. - An elective local official may be disciplined, suspended, or removed
from office on any of the following grounds: (a) Disloyalty to the Republic of the Philippines; (b) Culpable
violation of the Constitution; (c) Dishonesty, oppression, misconduct in office, gross negligence, or
dereliction of duty; (d) Commission of any offense involving moral turpitude or an offense punishable by at
least prision mayor; (e) Abuse of authority; (f) Unauthorized absence for fifteen (15) consecutive working
days, except in the case of members of the sangguniang panlalawigan, sangguniang panlungsod,
sangguniang bayan, and sangguniang barangay;(g) Application for, or acquisition of, foreign citizenship
or residence or the status of an immigrant of another country; and (h) Such other grounds as may be
provided in this Code and other laws. An elective local official may be removed from office on the grounds
enumerated above by order of the proper court.

5
https://www.gmanetwork.com/news/news/nation/707988/dilg-no-determination-yet-on-
lgus-that-are-fully-compliant-with-order-to-clear-roads/story/