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

complained of, as such matters involve factual determinations and the exercise of adjudicatory powers not vested in the DILG. Where a party claims that government officials have unlawfully entered, taken, damaged, or interfered with private property rights, the appropriate remedies may be pursued before the proper courts or competent administrative bodies, as the case may be. These may include the institution of the appropriate civil action to protect property rights, the filing of a petition for injunctive relief to prevent or restrain further acts allegedly causing irreparable injury, or the initiation of administrative or criminal complaints before the proper authorities where warranted by the facts and evidence. The determination of the propriety of such remedies, however, lies within the jurisdiction of the appropriate tribunal and not this Department. In sum, this Department is of the view that: 1. Local officials possess authority under existing laws to protect public roads and remove unlawful obstructions thereon, subject to observance of due process and other applicable legal requirements; 2. Where the status of the property as a public road is disputed, the determination of ownership, possession, boundaries, and property classification are factual matters and justiciable issues beyond the authority of this Department to resolve through a legal opinion; 3. Enforcement actions that may result in the taking, destruction, or removal of private property should be supported by sufficient legal and factual basis and undertaken in accordance with due process and applicable laws; and 4. Questions regarding criminal, civil, or administrative liability of public officials and private persons fall within the jurisdiction of the appropriate adjudicative bodies and cannot be conclusively determined by this Department through a legal opinion. This Opinion is rendered based solely on the facts presented and without prejudice to any action that may be taken by the proper courts, administrative agencies, or other competent authorities. We trust that the foregoing sufficiently clarifies the matter. Very truly yours, BY AUTHORITY OF THE SECRETARY: . — ATTY. ROMEO P. Slaurez Undersecretary for External, Legal and Legislative Affairs OUSELLA/RPB/LLLS-LRALLD/kbm 2026-05-26-013 Page 3 of 3