This case has been cited 1 times or more.
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2007-11-28 |
AUSTRIA-MARTINEZ, J. |
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| As a general rule, local roads used for public service are considered public property under the absolute control of Congress; hence, local governments have no authority to control or regulate their use.[41] However, under Section 10, Chapter II of the Local Government Code,[42] Congress delegated to political subdivisions some control of local roads, viz.:Section 21. Closure and Opening of Roads. (a) 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. | |||||