Auy. FRANCIS G. TOLENTINO DEFENSOR LANTION BRIONES VILLAMOR and ‘TOLENTINO LAW OFFICES 2604-A, East Tower, Philippine Stock Exchange Gey Exchange Road, Ortigas Business Center 1605 Pasig City ¥ Dear Atty. Tolentino: This refers to your request for this Department! Resolution No, 024-$2014 enacted by the-Sanggut Quezon City for purposes of urging the City Councit barangay to regulate the use of Speaker Perez. S1 Streets by closing a section of said street to vehiculat 7:00 a.m., except Sundays to cater to the physi thereat Apparently, your client, Mr. Adrian Yu, for who! family are being disturbed and awakened every mo: activity, and chat the participants’ parked vehicle other residents’ right to safe passage into and out o there is « park where such physical fitness activiti REPUBLIC OF THE PHILIPPINES jERIOR AND LOK genie, GOVERNMENT wi, West Triangle, Quezon City ae PR LOCAL GOVERNMENT DILG Legal Qpinion No. 10, $. 2015 23 APR 2015 ter 's legal opinion regarding Barangay yiang Barangay of Barangay Lourdes, of Quezon City to authorize the said treet, between Simoun and Calamba traffic every morning from 6:00 a.m. al fitness activities of a fitness club you are writing this letter, and his ing due to the noise created by such restrict or impede your client and their homes, You also intimate that can be undertaken without causing any disturbance or inconvenience to the residents thereat. ‘Thus you interpose the following questions! 1. May the City Council of Quezon City autho} use of Speaker Perez Street betweén Simo ize Barangay Lourdes to regulate the and Calamba Streets by closing a section thereof to vehicular iraffic-every morning from 6:00 a.m. to 7:00 a.m, except Sundays to cater to the physical fitnes May a road be closed for the physical fitness 3. May said private fitness club be prohibited fr in the area considering that the same activi may hinder the salvation and rescue of li accidents and fires; causing traffic conges activities of said private fitness club? tivities of a private fitness club? ym doing its physical fitness activities ies are obstructing driveways which es in cases of medical emergencies, ition; and affecting the peace and tuanguility of the residents in the area specially during early mornings?Pees ppm aesioniaaiite ee The Local Government Code of 1981 (RA 7160) and other types of passageways miy be closed, eit 21 of RA 7160 is hereby quoted in full: "Section 21, Closure and Opening of Roads. - ply, atid will be discussed jointly, thus: [provides for'the instances when roads jer permanently or temporarily. Section (@) A local goverhment unit may, pursyant to an ordinance, permanently or temporarily close or open any local road, jurisdiction; Provided, however, That ordinance must be approved, by at least tw} sanggunian, and when necessary, an adequ is subject to closure is provided. (b) No such way or place or Say part there| making provisions for the maintenance of| pennanently withdrawn from public use m| for which other real property belonging t may be lawfully used or conveyed: Provide be closed permanently withgut provision site (©) Any national or local road, alley, park} luring an actual emergency, or fiesta cel industrial fairs, or an undertaking telecommunications, and waterworks pro specified by the local chief executive co: however, That no national or local road, all closed for athletic, cultural, or civie activiti or approved by the local goverment unit c (A) Any city, municipality, or barangay temporarily close and regulate the use of any other public place wher’ shopping m; shopping areas may be established and commodities, or articles of commerce may} public." i ln the light of the foregoing, itis nda to star private fitness club do not fall in any’ category w! the streets you have alluded to, It is immaterial if 1 allows the said activities, since national laws take May i be noted that under, the Local Government Con, vested by the Constitution with the different Sanggunians below the power to legislat ley, park, or square falling within its fn case of permanent closure, such -thirds (2/3) of all the members of the te substitute for the public facility that f shall be permanently closed without public safety therein. A property thus ry be used or conveyed for any purpose the local government unit concerned , however, That no freedom park shall for its transfer or relocation to a new or square may be temporarily closed tbrations, public rallies, agricultural or of public works and highways, Jects, the duration of which shall be jcerned in a written order: Provided, Py, park, or square shall be temporarily 's not officially sponsored, recognized, mncerned. may, by a duly enacted ordinance, iny local street, road, thoroughfare, or lls, Sunday, flea or night markets, or here goods, merchandise, foodstutis, be sold and dispensed to the general that the physical fitness activities of a ich warrants the temporary closure of he barangay having jurisdiction over it fecedence over local enactments. (Code, particularly Section 48 thereof, ower to legislate, delegated to the their own local ordinances. Hence,since the Sanggunians are simply exercising delegated legislative powers, it can never rise ) {ohh finer teptetbave Congress:who is the owner of the power tollegislate,’ Stated differently; ordinances by the Sanggunians must always be consistent with national laws and cannot run counter thereto being merely subordinated power of legislation. In the case of Magtajas vs. Pryce Properties, Ine. (G.R, No. 111097, 20 July 1994), the Supreme Court ruled that an ordinance must not be contrary to the Constitution and the national laws. Parenthetically, the power to regulate the city's rpadways, belongs to the City itself, and Sec, 458 (@)(5)(v) and (vi) provide that: ‘Section 458. Powers, Ducies, Functions and Compensation. (a) The sangguniang, panlungsod, as the legislative body of the city, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the city and its inhabitants ARrsuatt to Section 16 of this Code and in the proper exercise of the corporate powers of the city|as provided for under Section 22 of this Code, and shall: | 0x} (5) Approve ordinances Which shbll ensure the efficient and effective delivery of the basic services and facilities as provided for under Section 17 of this Code, and in addition to'said services and facilities, shall: 00% (») Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and other public places and approve the construction, improvement repair and maintenance of the same; establish bus and vehicle stops and terminals) or regulate the use of the same by privately-owned vehicles which serve the public; regulate garages and the operation of conveyances for hire; designate stands to be occupied by public vehicles when not in use; regulate the putting up of signs, signpfsts, Swnings and awning posts on the streets; and provide ‘for ‘the lighting, cleaning and sprinkling of streets; and public places; (vi) Regulate traffic on /all streets and’ bridges; prohibit encroachments or obstacles thereon, and when necessary in the interest of public welfare, alae the removal or encroachments and illegal constructions.in public places;" It therefore means that, the barangay's power to fegulate its own streets limited to the activities and conditions set forth under Sec 21 (d) as stated earlierNeither can the barangay be authoxized by the streets being used as a venue of the physical fitness former can only "regulate the use of multi-purpose or copra dryers, patios and other post-harvest faci markets, parking areas or other similar” facilities| within the jurisdiction of the barangay apd char; (Section 391(a)(7), RA 7160), which clearly does ‘ty Government to regulate the city activities of the private club, since the halls, multi-purpose pavements, grain ities, barangay waterworks, barangay constructed with government funds reasonable fees for the use thereof" inot include the authority to regulate being requested by the barangay from the Sangguniuang Panlungsod of Quezon City. Your last question is answered in the affirmative. While this Department lauds the intention of whi achieve, we cannot turn a’ blind eye to the concei residents affected by the said activities. They also and tranquil environment, and given the represent for the said physical fitness. activities, then this conducting the said activities in a place devoted p| and human passage. For this reason, you are advised to cBordinate wit City government in order that your client's concerr} We hope to have enlightened you on the mnatter, » ' Very raly yours, ft f . { MA, AUSTEREA, PANADERO. Undersecretary , msoven ‘ 25 + th the physical fitness activities aim to ns of the safety and tranquility of the mjoy the right to have a safe, peaceful tion that @ park is available as a venue Department sees no valid reason for ‘marily, if not exclusively for vehicle the appropriate office at the Quezon Is may be addressed,