In the Philippines, the right of the public to use roads is a fundamental aspect of property law and local governance. When a private owner obstructs a public or barangay road—whether by erecting fences, parking vehicles permanently, or building structures—they infringe upon the right of the community to free passage.

Under Philippine law, such obstructions are generally classified as nuisances, and the legal system provides several avenues for their removal.

1. The Nature of the Obstruction: Public Nuisance

The primary legal framework for road obstructions is found in the Civil Code of the Philippines (Articles 694 to 707). An obstruction on a public highway or street is considered a public nuisance because it "annoys, injures, or endangers the health or safety of others" or "obstructs or interferes with the free passage of any public highway or street."

Key Characteristics of a Public Nuisance:

Common Injury: It affects a community or neighborhood, even if the degree of annoyance to individuals varies.
Abatement: Because it is "public," the remedies are usually initiated by public officers, though private individuals can act if they are specially injured.

2. Administrative Remedies: The Power of the Local Government

The most efficient way to deal with road obstructions is through the Local Government Unit (LGU). Under the Local Government Code of 1991 (Republic Act No. 7160), LGUs have the "police power" to ensure the general welfare.

The Role of the Barangay

For barangay roads, the Sangguniang Barangay and the Punong Barangay have the authority to maintain public facilities.

Barangay Ordinances: Most barangays have specific ordinances prohibiting the placement of construction materials, sari-sari stores, or gates on public roads.
DILG Memorandums: The Department of the Interior and Local Government (DILG) frequently issues circulars (e.g., DILG MC No. 2019-121) ordering LGUs to undertake "Road Clearing" operations to reclaim public roads from private illegal structures.

The Role of the Mayor

The City or Municipal Mayor has the power to order the summary abatement (immediate removal) of a public nuisance per se without a court order, provided the obstruction clearly violates law or safety.

3. Judicial Remedies: Taking it to Court

If administrative actions fail or if the ownership of the land is in dispute, judicial remedies are necessary.

Civil Action for Abatement: A civil case can be filed to compel the owner to remove the obstruction.
Action for Injunction: A petition for a preliminary or permanent injunction can be filed to prevent a private owner from blocking a road or to force them to reopen a closed one.
Criminal Action: Since obstructing a public road is often a violation of local ordinances or the Revised Philippine Highway Act, the offender can be prosecuted criminally, leading to fines or imprisonment.

4. Special Case: Right of Way (Easements)

Sometimes, a road may appear "public" but is actually a private lot that the public has used for years.

Compulsory Right of Way: Under Articles 649 and 650 of the Civil Code, an owner of a "dominant estate" (an enclosed property with no access to a highway) can legal demand a right of way through a "servient estate" (the neighbor's land), provided they pay proper indemnity.
Voluntary Easement: This is created by an agreement between neighbors.
Prescription: It is important to note that under Philippine law, a right of way is a discontinuous easement. Therefore, it cannot be acquired by prescription (simply by using it for 10 or 30 years). It must be established by law or by a title/contract.

5. Summary of Steps for Affected Residents

Verification: Confirm with the City/Municipal Assessor’s Office or the Register of Deeds if the road is indeed public property or a registered subdivision road.
Barangay Conciliation: Under the Katarungang Pambarangay law, most disputes between neighbors must undergo mediation before the Lupon Tagapamayapa before a court case can be filed.
Formal Letter of Complaint: Submit a formal complaint to the Office of the Mayor or the City/Municipal Engineer, citing DILG road-clearing directives.
Police Assistance: If the obstruction is a temporary hazard (like a parked truck or a pile of sand), the local police or traffic management office can be called for immediate enforcement.

6. Liability for the Obstructor

A private owner who stubbornly obstructs a public road faces:

Administrative Fines: Levied by the LGU.
Demolition Costs: If the LGU removes the structure, the owner may be billed for the cost of the demolition.
Damages: Under Article 697, a private person may recover damages if the public nuisance is specially injurious to them.