Thursday, March 08, 2007 Speak out: Larsian road By Rameses Victorius G. Villagonzalo Lahug, Cebu City
THE old Larsian road was ordered closed by the Provincial Government last month.
The basic question or issue to be addressed as regards the closure of said road would be: Did the Provincial Government comply with the provision of Section 21 (a) of the Local Government Code of 1991?
“A local government unit may, pursuant to an ordinance, permanently or temporarily 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.”
Based on jurisprudence in the case of Macasiano v. Diokno, G.R. No. 97764, 8/10/92, the issue as to whether or not a local government can close a road or a street was answered in the affirmative provided that there is due process and that the closure should be for the purpose of withdrawing the road or other public property from public use when circumstances show that such property is no longer intended or necessary for public use or public service.
Ownership of said lot is not an issue, as it is the Provincial Government which really owns it. But what about the requisites set forth by law and the prevailing jurisprudence? Was the closure in consonance with these? Or was the closure was propelled by any other motive?
