Quick answer

Yes—but not simply because the person owns a lot or uses the road.

A property owner may generally repair a true easement of right of way serving their property when the work is necessary for its use or preservation. The owner must normally pay for the work, notify the owner of the land burdened by the easement, avoid changing or enlarging the easement, and carry out the work with the least inconvenience. For a permanent right of way, the Civil Code specifically places necessary repairs on the owner of the dominant estate.

Different rules apply if the “right of way” is actually a subdivision road controlled by the homeowners’ association (HOA), still owned by the developer, co-owned by residents, or already owned by the city or municipality. In those situations, an individual homeowner should not excavate, pave, alter drainage, build a retaining wall, or close the road without first confirming ownership, authority, engineering requirements, and permits.

An immediate danger may justify proportionate temporary safety measures—such as warnings, cones, lights, or preventing people from entering a collapsing section—but it does not create a blanket right to reconstruct somebody else’s road.

First identify what the “right of way” legally is

The answer depends more on the documents than on what residents call the road.

Situation	Who normally controls the repair?
A title-based easement across another owner’s land	The owner of the property benefited by the easement may make necessary preservation works under Civil Code Articles 627 and 654, subject to notice and strict limits
A private road lot owned by the developer	Usually the developer, subject to the approved subdivision plan, its obligations to buyers, and any lawful turnover or maintenance arrangement
A common area maintained or administered by an HOA	The HOA board, acting under Republic Act No. 9904 and the association’s governing documents
A road donated and transferred to a city or municipality	The LGU, normally through its engineering and other appropriate offices; private work requires coordination and authority
A road or easement owned in common	A co-owner may undertake genuine preservation repairs after practicable notice, but alterations generally require the required consent
A road within a condominium project	The master deed, declaration of restrictions, Condominium Act, and condominium corporation’s powers must also be examined

Do not assume that every subdivision road already belongs to the LGU. Although Presidential Decree No. 1216 states that completed subdivision roads should be donated to the city or municipality, the Supreme Court has held that ownership does not transfer automatically. A positive act of transfer or donation must be proved. In its 2025 decision in Quezon City Government v. Madrid, the Court again emphasized that the title, deed of donation, acceptance, and participation of the real owner matter.

When the Civil Code permits the user of an easement to repair it

Under Article 627 of the Civil Code of the Philippines, the owner of the dominant estate—the property benefited by the easement—may perform, at their own expense, works necessary for the use and preservation of the easement. Four limits are important:

The work must be genuinely necessary for use or preservation.
It must not alter the easement.
It must not make the burden on the servient estate heavier.
The servient owner must be notified, and the work must be done at the time and in the manner causing the least inconvenience.

Article 654 is even more direct: if the right of way is permanent, necessary repairs are to be made by the owner of the dominant estate.

This can support work such as restoring a washed-out passage, correcting a dangerous but localized defect, or undertaking essential drainage work within the established easement. It does not automatically permit:

Widening or relocating the route;
Changing a pedestrian passage into a vehicle road;
Increasing traffic beyond the use established by the title or agreement;
Digging outside the easement;
Redirecting water onto neighboring land;
Removing gates, utilities, trees, walls, or structures without authority;
Permanently closing the passage; or
Constructing improvements that primarily add convenience or value rather than preserve the easement.

Article 626 also prevents the dominant owner from using an easement for a different property or in a manner other than that established.

If several properties benefit from the same easement, Article 628 generally requires their owners to contribute according to the benefit each receives. A servient owner who also uses the easement must likewise contribute proportionately, unless the parties agreed otherwise. Because the proper allocation can depend on the title and agreement, one user should not assume that an equal split or automatic reimbursement will apply.

What if the road is co-owned?

Articles 488 and 489 of the Civil Code allow preservation expenses to be shared among co-owners and permit one co-owner to undertake repairs for preservation. If practicable, that co-owner must first notify the others of the need for the repair.

This rule is narrower than a power to redesign the road. Article 491 generally prohibits a co-owner from making alterations without the consent of the others, even if the proposed change appears beneficial. Resurfacing the same damaged area may be preservation; widening, changing elevations, installing permanent obstructions, or substantially redesigning drainage may be an alteration. An engineer’s scope of work and the approved subdivision plan can be decisive.

When the HOA should handle the work

Under Section 10(c) of the Magna Carta for Homeowners and Homeowners’ Associations, an HOA may regulate the use, maintenance, repair, replacement, and modification of common areas, provided its action does not contradict the approved subdivision plan. “Common areas” include roads that the association owns or otherwise maintains, repairs, or administers.

The board ordinarily acts for the association, subject to Republic Act No. 9904, the bylaws, the approved budget, existing contracts, and matters reserved for a vote of the members. The statute does not expressly require a membership vote for every ordinary common-area repair. Funding is a separate question: dues and assessments must be authorized and approved in the manner required by law and the bylaws. Republic Act No. 9904 defines a simple majority as 50% plus one of the total association membership where that statutory threshold applies.

An individual member should therefore submit the danger to the board and request:

An immediate inspection;
Temporary safety controls;
A written board resolution or work authority;
An engineer’s assessment for structural, slope, drainage, or culvert defects;
Confirmation that funds and procurement comply with the bylaws; and
Any required LGU, utility, or building approvals.

Republic Act No. 9904 prohibits an unreasonable failure to provide basic community services or to maintain, repair, replace, or modify the relevant facilities. Whether delay is “unreasonable” depends on the seriousness of the danger, notice received, available temporary safeguards, technical requirements, and the association’s actual response. Liability or statutory penalties are not automatic merely because a repair was not completed immediately.

When the developer remains responsible

Under Presidential Decree No. 957, a developer must provide the facilities and infrastructure offered in the approved plans, sales documents, and advertisements. Section 22 prohibits unauthorized changes to roads, open spaces, infrastructure, and facilities shown in the approved subdivision plan. Section 29 requires a developer that secured a right of way to a public road to develop and maintain it according to the requirements of the proper authorities.

The implementing rules cited by the Supreme Court also place responsibility for maintaining, repairing, and improving subdivision road lots and open spaces on the registered owner or developer before a valid turnover. In Kwong Management, Inc. v. Diamond Homeowners & Residents Association, the Court discussed this pre-turnover responsibility and the HOA’s statutory role in subdivision-road management.

A Certificate of Completion, deed of donation, acceptance, transfer documents, and existing maintenance agreements must be checked. The fact that residents have informally repaired a road for years does not, by itself, conclusively establish ownership or release the developer from every obligation.

If the road belongs to the LGU

If the road was validly donated, accepted, and transferred to the city or municipality, report the defect to the City or Municipal Engineering Office and the appropriate local public-safety or traffic office. The Local Government Code identifies local roads, bridges, drainage, sewerage, traffic signals, and similar infrastructure among the basic facilities provided by cities and municipalities.

An HOA may have an agreement allowing it to maintain or regulate a public subdivision road, but an individual homeowner should not presume that authority. Excavation, concrete work, drainage changes, road closures, or traffic diversions on an LGU road ordinarily require official coordination. A contractor’s willingness to do the work is not proof that the work is lawful.

The Supreme Court’s decision in Quezon City Government v. Madrid is especially important when ownership is disputed: designation as a road in a subdivision plan and registration in the developer’s name do not, without more, establish a completed donation to the LGU.

What may be done during an immediate danger

Protecting life comes first. If there is a sinkhole, collapsing retaining wall, exposed electrical line, failed culvert, severe washout, or other immediate threat:

Keep people and vehicles away without exposing yourself to danger.
Notify the HOA, road owner, barangay, LGU engineering or disaster-response office, and emergency services as appropriate.
Use visible, non-destructive warnings or temporary barriers where it is safe and lawful to do so.
Do not touch electrical, gas, water, telecommunications, or drainage infrastructure.
Do not completely close a public road or block the only access route unless directed by competent authorities or emergency responders.
Record the time, location, reports made, and names of the officials or representatives contacted.

Article 432 of the Civil Code provides that an owner cannot prohibit interference with property when it is necessary to avert imminent danger and the threatened damage is much greater than the damage caused by the interference. The benefiting person may nevertheless have to indemnify the owner. This is a narrow emergency rule—not advance permission for extensive paving, excavation, demolition, or permanent construction.

Get the necessary technical and government clearances

Before permanent work begins, ask the Office of the Building Official and City or Municipal Engineering Office what approvals apply. Requirements depend on whether the project involves an ordinary surface patch, excavation, drainage, a culvert, a bridge, a slope, a retaining wall, or another structure.

Section 301 of the National Building Code generally requires a building permit before repairing or altering a building or structure. Road-excavation, traffic-management, utility, environmental, and local engineering requirements may also apply. There is no single nationwide “pothole repair permit” covering every subdivision; local ordinances and the technical character of the work must be checked.

For defects that may affect structural stability, flooding, utilities, or neighboring land, obtain a written assessment and plans from the appropriate licensed professional. Confirm in writing who will supervise, pay for, inspect, and accept the completed work.

A safe step-by-step approach

1. Document the danger

Take dated photographs and video from a safe position. Record the defect’s location, approximate dimensions, weather conditions, traffic effects, and any previous accidents or near misses. Do not enter an unstable area merely to obtain measurements.

2. Collect the controlling documents

Obtain, as applicable:

Your transfer certificate of title and all easement annotations;
The title covering the road lot or servient estate;
The deed or agreement creating the right of way;
The approved subdivision plan and development permit;
The deed of donation, LGU acceptance, and transfer documents;
The developer’s Certificate of Completion;
Deed restrictions and purchase documents;
HOA articles, bylaws, rules, minutes, resolutions, and maintenance agreements; and
Any memorandum of agreement between the HOA, developer, and LGU.

3. Give written notice

Address the notice to every entity that may own or control the road: the servient owner, developer, HOA, and LGU as appropriate. Describe the danger, attach photographs, request an inspection and temporary safeguards, and state a reasonable response date based on the urgency.

Article 627 requires notice to the servient owner but sets no fixed minimum number of days. A non-emergency contractor should not begin merely because the recipient failed to answer an arbitrary short deadline.

4. Obtain a defined repair proposal

The proposal should identify the exact work area, materials, drainage effects, utility locations, access arrangements, safety controls, cost, contractor, and completion standard. It should explain why the work preserves rather than alters the easement.

5. Secure written authority and permits

Written consent should identify who owns or controls the road, who authorizes entry, whether reimbursement is promised, and who accepts liability for the work. Obtain required board resolutions, LGU clearances, permits, and utility approvals before excavation or structural work.

6. Preserve the record after completion

Keep before-and-after photographs, permits, plans, contracts, official receipts, delivery records, inspection reports, proof of payment, and written acceptance. These documents matter if another user challenges the work or an accident later occurs.

Do not assume you will be reimbursed

A homeowner who voluntarily pays for work should not expect automatic repayment by the developer, HOA, LGU, servient owner, or other users.

Civil Code Articles 628, 654, and the co-ownership provisions may allocate necessary expenses in particular cases. But reimbursement still depends on the nature of the right, necessity of the work, proportional benefit, notice, authorization, governing documents, and proof of reasonable cost. An HOA assessment or LGU expenditure also requires proper authority.

Obtain a written cost-sharing agreement before non-emergency work whenever possible. A court or adjudicator may reject expenses that were unnecessary, excessive, unauthorized, poorly documented, or actually improvements rather than preservation.

Common mistakes to avoid

Treating every subdivision road as an easement governed only by Article 627;
Assuming that a road was automatically transferred to the LGU;
Relying on a tax declaration instead of checking titles and transfer documents;
Starting work after verbal permission from a guard, barangay worker, HOA officer, or contractor who lacks authority;
Widening, relocating, concreting, or changing the drainage of an easement without consent;
Blocking the only lawful access of another property;
Repairing over buried utilities without clearance;
Collecting money from neighbors without an authorized HOA process and proper accounting;
Paying first and attempting to establish reimbursement later;
Failing to preserve photographs, notices, receipts, plans, and engineering findings; and
Ignoring the approved subdivision plan or local permitting rules.

Unauthorized or negligent work can expose the person who ordered or performed it to restoration costs and damages. Article 2176 of the Civil Code makes a person liable when their fault or negligence causes damage to another.

Where to escalate an unresolved problem

For a road controlled by an HOA, use the association’s grievance or mediation procedure and request a formal board action. DHSUD registers, regulates, and supervises HOAs under Republic Act No. 11201 and the 2024 Revised Implementing Rules of Republic Act No. 9904.

The Human Settlements Adjudication Commission (HSAC) adjudicates covered disputes involving subdivisions, developers, easements within or among subdivision projects, HOAs, and the respective rights and obligations of associations and homeowners. An HOA case is generally filed with the HSAC Regional Adjudication Branch for the region where the association is registered. Check the current HSAC office directory and filing requirements before submitting a verified complaint.

Seek prompt legal help if:

Ownership or the boundaries of the road are disputed;
The servient owner threatens to block the only access;
Work has already been stopped or challenged;
Someone has been injured;
The defect threatens homes, utilities, or a slope;
A developer is refusing to perform an obligation shown in the approved plan or sales documents;
An HOA is demanding a large special assessment without a clear legal basis;
An injunction or other urgent order may be necessary; or
A claim deadline may be approaching.

The Civil Code contains different limitation periods depending on the cause of action—for example, generally four years for injury to rights or quasi-delict and ten years for a written contract or an obligation created by law. Special laws, the date the claim accrued, and acts that interrupt prescription can change the analysis. The right to demand the legal right of way described in Article 649 is itself listed as not extinguished by prescription, but related claims for damages or enforcement may follow different rules. Do not delay obtaining advice.

Evidence worth preserving

Keep copies of:

Titles, surveys, and easement annotations;
Approved plans and permits;
Developer advertisements and sales representations;
Deeds of donation, acceptance, and turnover records;
HOA notices, minutes, resolutions, budgets, and assessments;
Dated photographs and videos;
Weather, flooding, and incident records;
Written complaints and proof of delivery;
Replies from the HOA, developer, owner, barangay, or LGU;
Engineering reports and contractor quotations;
Medical records, police or incident reports, and repair estimates after an accident; and
Invoices, official receipts, warranties, and inspection reports.

Frequently asked questions

Can a homeowner personally fill a dangerous pothole?

Only after confirming authority. A small patch may still interfere with a road owned or administered by someone else and may worsen drainage or create a traffic hazard. Report it, document it, and obtain written approval unless an immediate, proportionate safety measure is required to prevent injury.

Can the servient owner refuse every repair?

Not when the work is truly necessary for the established easement and complies with Article 627. However, the dominant owner must give notice, minimize inconvenience, remain within the easement, and avoid making it more burdensome. A dispute over necessity, boundaries, or the proposed method may require HSAC or court intervention.

Who pays when several homes use the same private right of way?

Civil Code Article 628 generally allocates necessary expenses according to the benefit each dominant estate receives. The servient owner contributes if that owner also uses the easement, unless the parties agreed otherwise.

Is an HOA vote required before every road repair?

Republic Act No. 9904 gives the HOA power to manage and repair common areas, and the board generally acts for the association. Routine authorized maintenance may not require a separate membership vote. A special assessment, unbudgeted major project, alteration of the approved plan, or matter reserved by law or the bylaws may require additional approval.

Is a subdivision road automatically public after completion?

No. The Supreme Court has ruled that transfer to an LGU is not automatic and requires proof of a positive act of donation or transfer. Check the title, deed of donation, acceptance, and registration records.

Can the homeowner recover repair costs from the HOA or developer?

Possibly, but not automatically. Recovery depends on who had the duty to repair, whether the work was necessary and authorized, whether proper notice was given, and whether the amount is supported by reliable documents. Obtain a written agreement before spending if time permits.

What if there is no functioning HOA?

Notify the registered owner or developer and the LGU. Ask DHSUD to confirm the association’s registration and regulatory status. If the dispute concerns subdivision development, an easement, or enforceable duties between covered parties, ask the appropriate HSAC Regional Adjudication Branch about its jurisdiction and current filing requirements.

Official legal references

This article provides general Philippine legal information, not advice for a particular property, accident, or dispute. Titles, easement documents, approved plans, local ordinances, and the urgency of the danger can change the result. Sources and procedures were checked as of July 20, 2026.