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Barangay Resolution Validates Road Opening

The Supreme Court ruled that the Barangay Sangguniang did not need to pass an ordinance to open two streets in the Sun Valley Subdivision. The streets had been donated to and titled under the name of the local government in 1964. As the titles were already under the local government, no ordinance was required to open roads under public ownership. The petitioner's claim that an ordinance was necessary was rejected as the streets were beyond private claims since being placed under government ownership decades prior.

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Onnie Lee
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373 views1 page

Barangay Resolution Validates Road Opening

The Supreme Court ruled that the Barangay Sangguniang did not need to pass an ordinance to open two streets in the Sun Valley Subdivision. The streets had been donated to and titled under the name of the local government in 1964. As the titles were already under the local government, no ordinance was required to open roads under public ownership. The petitioner's claim that an ordinance was necessary was rejected as the streets were beyond private claims since being placed under government ownership decades prior.

Uploaded by

Onnie Lee
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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NEW SUN VALLEY HOMEOWNERS ASSOCIATION, Section 21 of the LGC, which requires the passage of

INC. V. SANGGUNIANG BARANGAY, BARANGAY an ordinance by a local government unit to effect the
SUN VALLEY, PARANAQUE CITY opening of a local road, does not apply to the instant
G.R. No. 156686; July 27, 2011 case. The Rosemallow and Aster Streets have already
J. Leonardo-De Castro been donated by the Sun Valley Subdivision to, and the
titles thereto already issued in the name of, the City
Government of Paraaque since 1964. Petitioner did not
FACTS: Respondent BSV Sangguniang Barangay issued deny this fact. Hence, the road lots have already been
Resolution No. 98-096, directing the opening of placed beyond the private rights or claims of Petitioner.
Rosemallow and Aster Streets to vehicular and
pedestrian traffic. Petitioner NSVHAI filed a Petition for Therefore, an ordinance is not necessary to open the
a Writ of Preliminary Injunction/Permanent Injunction roads lots if their titles are already in the name of the
with prayer for issuance of TRO with the RTC of local government unit, which is the Barangay Sun
Paraaque City. Petitioner claimed therein that the Valley in this case.
implementation of BSV Resolution No. 98-096 would
cause grave injustice and irreparable injury as the
affected homeowners acquired their properties for
strictly residential purposes. Executive Judge Helen
Bautista-Ricafort of the RTC issued a TRO.

In the Amended Petition, Petitioner argued that


a Barangay Resolution cannot validly cause the
opening of the subject roads because under the law,
an ordinance is required to effect such an act. The RTC
dismissed the Petition. The CA denied the appeal and
affirmed the Orders of the RTC.

Petitioner alleged that the CA should not have relied on


respondent’s claim of ownership, as this led to the
erroneous conclusion that there was no need to pass
an ordinance. Petitioner also argued that the supposed
titles to the subject roads were never submitted to the
RTC. On the other hand, Respondents alleged that the
issuance of the titles in favor of Paraaque over all the
roads in Sun Valley Subdivision was an official act by
the land registration office of the City of Paranaque,
and was perfectly within the judicial notice of the
Courts.

ISSUE: Whether or not the BSV Sangguniang


Barangay should have passed an ordinance instead of
a resolution to open the subject roads

RULING: No, it is not necessary for BSV Sangguniang


Barangay to pass an ordinance to open the subject
roads.

The local government units power to close and open


roads within its jurisdiction is clear under the Local
Government Code (LGC), Section 21 of which provides:

Section 21. Closure and


Opening of Roads. (a) A local
government unit may, pursuant to
an
ordinance, permanently or temporar
ily 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.

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