ar Republic of the Philippinos DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Center, EDSA corner Quezon Avenue, West Triangle, Quezon City hip: ww diig.com ph 07 JAN 02) SILG OPINION NO. 02 §, 292 HON. CRISENTE ALBERT B. PEDRO Sangguniang Barangay Member Bray. Greater Lagro Quezon City Dear SB Member Pedro: This pertains to your letter dated 25 September 2019, requesting for the Department's legal opinion on the following: i Does DILG Memorandum Circular No. 2019-121 cover parked vehicles as it is specific only to illegal structures? ') Does it cover parked vehicles along the interior streets of subdivisions? iti. If yes, how do we reconcile it with the decision of the Supreme Court in William G. Kwong Management, Inc. and William 6 Kwong vs. Diamond Homeowners and Residents Association, GR No. 222353 (sic), July 10, 2019. At the outset, parked vehicles are covered by DILG MC No. 2019-121!, The said MC is not limited to illegal structures and constructions, rather, it encompasses reclaiming of public roads which are being used for private ends, Before dwelling to the second query, a qualification should be made, whether or not the interior Streets of subdivisions were already donated by the subdivision owner/developer to the concerned to the concerned LGU. Under Section 31 of Presidential Decree (PD) No. 957, or "The Subdivision and Condominium Buyers’ Protective Decree”, as amended by PD No. 12162, the Sra ras, Geveloper of a subdivision is required to provide adequate roads, alleys and sidewalks and donate the same to the city or municipality concerned: Itc only after donation that these roads, alleys and sidewalks in a subdivision are Considered part of the public domain and are within the territorial jurisdiction of the said city or municipality. Se In 2 Of PD 1216 states: ppRESIDENTIAL DIRECTIVE DURING THE 4™ STATE OF THE NATION ADDRESS OF THE PRESIDENT TO CLEAR ROADS OF ILLEGAL STRUCTURES AND CONSTRUCTIONS ? Defining "Open Space” in Resit idential Subdivisions and Amending Section 31 of Grasidential Decree No. 957 Requiring Subdivision Owners to Provide Roads, Alleys, ‘Sidewalks and Reserve Open Space for Parks or Recreational Use,“Section 2. Section 31 of Presidential Decree No. 957 is hereby amended to read as follows: Sec. 31. Roads, Alleys, Sidewalks and Open spaces. The owner as developer of a subdivision shall provide adequate roads, alleys and sidewalks. For subdivision projects one (1) hectare or more, the owner or developer shall reserve thirty percent (30%) of the gross area for open space. such open space shall have the following standards allocated exclusively for parks, playgrounds and recreational use: (a) 9% of gross area for high density or social housing (66 to 100 family lot per gross hectare). (0) 7% of gross area for medium-density or economic housing (21 to 65 family lot per gross hectare). (©) 3.5 % of gross area low-density or open market housing (20 family lots and below per gross hectare). These areas reserved for parks, playgrounds and recreational use shall be non-alienable public lands, and non-buildable. The plans of the subdivision project shall include tree planting on such parts of the subdivision as may be designated by the Authority. Upon their completion as certified to by the Authority, the roads, alleys, sidewalks and playgrounds shall be donated by the owner or developer to the city or municipality and it shall be mandatory for the local governments to accept provided, however, that the parks and playgrounds may be donated to the Homeowners Association of the project with the consent Of the city or municipality concerned. No portion of the parks and playgrounds donated thereafter shall be converted to any other purpose or purposes.” In connection thereto, in the case of Albon vs. Fernando®, citing the 1991 White Plains Association vs. Court of Appeals case, the Supreme Court held that subdivision streets belonged to the owner until donated to the government or until expropriated upon payment of just compensation. Further, ownership of the sidewalks in a private subdivision belongs to the subdivision owner/developer until it is either transferred to the government by way of donation or acquired by the government through expropriation. ?G.R, No. 148357, 30 June 2006Accordingly, if these roads, streets and alleys were already donated to the LGU concerned, then parked vehicles along the interior streets of subdivisions are also covered by the said MC. It should be understood that these cars are illegally parked. Section 46 of Republic Act No. 4136 or the "Land Transportation and Traffic Code” provides that parking in front of a private driveway is prohibited and Section 1.2 of MMDA Resolution No. 2-33 of 2000 defines illegally parked vehicle as parked in areas prohibited by existing law or ordinance for parking purposes or those designated by the Authority and or the local government units (LGUs) as no parking areas or zones. For illegally parked vehicles, one of the prohibited areas would be in front of any authorized driveway, whether on the sidewalks, paths and alleys not intended for parking. Truly, in the case of William G. Kwong Management, Inc. and William G. Kwong vs. Diamond Homeowners and Residents Association’, the Supreme Court upheld that the Homeowners’ Association has the right to set goals for the promotion of safety, and security, peace, comfort and the general welfare of its residents. That, while the government acquires ownership rights, these rights should be harmonized with the interest of homeowners who invested life savings in exchange for special amenities, comfort, and tighter security, which non- subdivisions did not offer. It must be noted that these pronouncements were based on the fact that peace and security of the residents is being threatened. Nevertheless, the Supreme Court in the same case also emphasized that since both Presidential Decree Nos. 957° and 1216® are silent on the right of homeowners’ associations to issue regulations on using the roads to ensure the residents’ safety and security, Republic Act No. 9904 or the “Magna Carta for Homeowners’ Associations” was enacted. Section 10(d) states: “Section 10. Rights and Powers of the Association. - An association shall have the following rights and shall exercise the following powers: Xxx (d) 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 4G.R. No, 211353, dated 10 July 2019 * REGULATING THE SALE OF SUBDIVISION LOTS AND CONDOMINIUMS, PROVIDING PENALTIES FOR VIOLATIONS THEREOF © DEFINING "OPEN SPACE” IN RESIDENTIAL SUBDIVISIONS AND AMENDING SECTION 31 OF PRESIDENTIAL DECREE NO. 957 REQUIRING SUBDIVISION OWNERS TO PROVIDE ROADS, ALLEYS, SIDEWALKS AND RESERVE OPEN SPACE FOR PARKS OR RECREATIONAL USE(4) the appropriate and necessary memoranda of agreement are executed among the concerned parties”. Accordingly, we find no reason to reconcile the issue at hand with the case specified above as they have different subject matter. The former pertains to road clearing operations for purposes of returning to public use, all public roads and sidewalks that have been appropriated for private use, and the latter pertains to the right of the homeowners who invested savings in exchange for special amenities, comfort, and tighter security, which non-subdivisions did not offer. Furthermore, special amenities and comfort should not be understood as undermining the equal protection of laws, exempting them from the coverage of Section 46 of RA No. 4136 and Section 1.2 of MMDA Resolution No. 2-33 of 2000, as discussed above. We hope to have accorded you enlightenment on the matter. Very truly yours, By Authority of the Secretary Aarnik MARIVEL G. SACENDONCILLO, CESO IIT Undersecretary CC: Dir. Maria Lourdes L. Agustin Regional Director DILG-NCR 1/909 o