Request for Legal Opinion Re: Implementation of Barangay Clearing and Restoration Activities on an Alleged Barangay Road Within a Disputed Private Property.

extension, all the personnel of the Office of the Barangay; as well as the contingent members of the Anda Municipal Police Station, who actively participated in the assailed acts, civilly, criminally, and/or administratively liable." The requesting party likewise prays that this Department issue a directive or resolution holding in abeyance the implementation of Memorandum No. 74, Series of 2026, and the Final Notice dated 06 May 2026, and direct the concerned local officials to cease and desist from further implementation actions pending resolution of the foregoing issues. At the outset, it bears emphasizing that this Department is not a trier of facts. Questions involving ownership, possession, boundaries, classification of property, and the determination of whether a particular parcel of land constitutes a public road or forms part of a private property are factual matters that fall within the competence of the appropriate administrative agencies and courts. Accordingly, this Opinion proceeds solely on the basis of applicable legal principles and without making any factual determination on the status of the subject property. Under the Local Government Code of 1991, local government units are vested with the authority to maintain public roads and protect public rights-of-way. Corollary thereto, local officials may undertake lawful measures to remove illegal obstructions on public properties and public roads in accordance with law. However, where the area sought to be cleared is subject to a bona fide dispute as to ownership, possession, or legal classification, local officials must exercise such authority within the bounds of due process and applicable legal procedures. The Constitution protects persons from deprivation of property without due process of law. Consequently, government action resulting in the destruction, removal, or taking of private property must be supported by lawful authority and undertaken in accordance with established procedures. In cases where the character of the property as a public road is disputed, local officials cannot conclusively determine property rights through mere administrative declaration. The resolution of ownership disputes and competing claims over real property generally belongs to the proper courts or agencies vested with jurisdiction over such matters. Accordingly, if the existence, location, classification, or public character of the alleged barangay road remains contested, prudence dictates that the concerned local officials first secure the necessary factual and legal bases supporting their action before undertaking coercive enforcement measures that may result in the destruction or removal of private improvements. With respect to the request that this Department determine the criminal, civil, or administrative liability of the Punong Barangay, the Municipal Mayor, barangay personnel, or police officers involved, the same cannot be the subject of a legal opinion. Liability is a factual and adjudicative matter that may only be determined by the appropriate courts, the Office of the Ombudsman, or other competent tribunals after due proceedings and upon evaluation of evidence. Likewise, this Department cannot issue an order directing local officials to cease implementation of the questioned actions or declare the validity or invalidity of the acts Page 2 of 3