Legal Research on whether or not a Barangay has the power to temporarily close a

road/street within their territorial jurisdiction

I. Section 21 of the Local Government Code

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(c) Any national or local road, alley, park, or square may be temporarily closed during
an actual emergency, or fiesta celebrations, public rallies, agricultural or industrial fairs,
or an undertaking of public works and highways, telecommunications, and waterworks
projects, the duration of which shall be specified by the local chief executive concerned
in a written order: Provided, however, That no national or local road, alley, park, or
square shall set temporarily closed for athletic, cultural, or civic activities not officially
sponsored, recognized, or approved by the local government unit concerned.

(d) Any city, municipality, or barangay may, by a duly enacted ordinance, temporarily
close and regulate the use of any local street, road, thoroughfare, or any other public
place where shopping malls, Sunday, flea or night markets, or shopping areas may be
established and where goods, merchandise, foodstuffs, commodities, or articles of
commerce may be sold and dispensed to the general public.

II. LGC Implementing Rules and Regulations Rule VIII

ARTICLE 45. Temporary closure. — (a) Any national or local road, alley, park, or square
may be temporarily closed during actual emergency or fiesta celebrations, public rallies,
agricultural or industrial fairs, or undertaking of public works and highways,
telecommunications, and waterworks projects, the duration of which shall be specified
by the local chief executive concerned in a written order, as follows:

(1) During fiesta celebrations — for a period not exceeding nine (9) days;

(2) During agricultural or industrial fairs or expositions — for a period as may be

determined to be necessary and reasonable;

(3) When public works projects or activities are being undertaken for a period as may
be determined necessary for the safety, security, health, or welfare of the public or
when such closure is necessary to facilitate completion of the projects or activities.

(b) An LGU may temporarily close and regulate the use of any local street, road,
thoroughfare, or public place where shopping malls, Sunday markets, flea or night
markets, or shopping areas may be established and where goods, merchandise,
foodstuff, commodities, or articles of commerce may be sold and dispensed to the
general public.

(c) No national or local road, alley, park, or square shall be temporarily closed for
athletic, cultural, or civic activities not officially sponsored, recognized, or approved by
the LGU.

III. DILG Legal Opinion No. 84 s., 2011

 Under paragraph (a) of Section 21 of the Local Government Code, temporary and
permanent closure and opening of roads generally requires the enactment of an
ordinance of the sanggunian of the LGU concerned. This authority encompasses
all levels of the local sanggunians.
However, in case of road closures of temporary character tat may only be for a
short duration of time, the LGC under paragraph (c) of the mentioned provision
authorizes the Local Chief Executive (LCE) to issue an order declaring the
temporary closure only during the occasions specified on the code, namely:
actual emergency; fiesta celebrations; public rallies; agricultural or industrial
fairs, undertaking of public works and highways, telecommunications and water
works projects, the duration of which should be specified in the LCE’s written
order. This is to give the LCE the opportunity to act immediately considering the
general welfare of the inhabitants.

The authority granted to LCEs to order temporary road closure under Section 21
(c) of the Code encompasses all political units.

Applying the foregoing to the instant query, it is clear that the punong barangays
have the authority to order the temporary closure of roads under Section 21 (c)
of the Code through a written order which should specify the duration of the
temporary closure.

However, executive orders issued by the PBs are subject to the review of the city
mayor who exercises general supervision over component barangays pursuant
to Section 30 and 32 of the LGC. This is to ensure that said executive orders issued
conform to the law and local ordinances.

IV. Conclusion

In view of the foregoing legal provisions, it is our legal opinion that a barangay unit has
the power to temporarily close a road/street within its jurisdiction either through a
barangay ordinance or an executive order issued by the Punong Barangay depending on
the purpose of the closure and subject to the approval of the city mayor or city council
as the case may be, to ensure that the same is in conformity with existing laws and
ordinances.

December 6, 2018