In the Philippines, the tension between the right to security (often cited by homeowners' associations) and the right to public passage is a recurring legal issue. Whether a road can be blocked or "gated" depends heavily on its classification: is it a public road or a private road within a subdivision?

The following is an overview of the governing laws, jurisprudence, and administrative regulations on this topic.

1. The General Rule: Public Roads

Public roads are part of the "public dominion." Under the Civil Code of the Philippines (Article 420), property of public dominion—such as roads, canals, rivers, and torrents intended for public use—is outside the commerce of man.

Prohibition on Obstruction: Since public roads are for the use of everyone, they cannot be the object of a contract, they cannot be appropriated, and they cannot be blocked by private individuals or groups.
Local Government Authority: Under the Local Government Code of 1991 (Republic Act No. 7160), local government units (LGUs) have the power to regulate the use of streets. However, this power is not absolute. An LGU can only permanently or temporarily close a road through an ordinance and under specific conditions (e.g., for public safety, repair, or special events).

2. Subdivision Roads: The "Conversion" to Public Use

Subdivision roads start as private property owned by the developer. However, the law mandates their eventual transition to public oversight.

Presidential Decree No. 1216: This law requires subdivision owners/developers to reserve at least 30% of the total area for open spaces, including roads. It explicitly states that these roads "shall be non-alienable and shall be for public use."
The Right of Passage: Even if the LGU has not yet formally accepted the donation of the subdivision roads, the Supreme Court has ruled in various cases (e.g., Alunanan v. People) that once a subdivision road is open to the public, it becomes a "public road" in the sense that the public has a right to use it, and it cannot be obstructed without legal basis.

3. Homeowners' Associations (HOAs) and "Gated Communities"

The most common conflict arises when a Homeowners' Association (HOA) installs gates, checkpoints, or barriers to restrict entry.

Republic Act No. 9904 (Magna Carta for Homeowners and Homeowners' Associations): This law grants HOAs the power to regulate access to the subdivision for safety and security. However, this power is subject to the following:
Public Easements: If the subdivision road serves as a necessary "right of way" for people living outside the subdivision to reach a public highway, the HOA cannot block it.
LGU Supervision: HOAs must coordinate with the LGU regarding the implementation of security measures that affect the flow of traffic.
DILG-HLURB Joint Circulars: The Department of Interior and Local Government (DILG) has issued guidelines stating that while HOAs can implement security checks (like asking for an ID), they cannot totally block access to public travelers, nor can they "gate" a road that has been officially turned over to the LGU without an ordinance.

4. What Constitutes Illegal Blocking?

Under Philippine law, the following actions regarding road obstruction are generally considered illegal:

Unauthorized Checkpoints: Collecting "fees" or "pass-thru" stickers from non-residents to use a road that is part of a public thoroughfare.
Permanent Barriers on Public Streets: Installing gates, fences, or "no entry" signs on streets classified as public without an LGU ordinance.
Nuisance (Civil Code Art. 694): An obstruction on a public street is considered a "public nuisance" because it hinders or obstructs the free passage of any public highway or street. Public nuisances can be abated (removed) even without a judicial order in certain administrative circumstances.

5. Legal Remedies

If a road is illegally blocked, the following steps are typically taken:

Administrative Complaint: Filing a complaint with the Human Settlements Adjudication Commission (HSAC)—formerly part of HLURB—if the issue involves a Homeowners' Association.
LGU Intervention: Requesting the Mayor’s Office or the City/Municipal Engineering Office to remove the obstruction under the Local Government Code.
Mandamus: A petition for a Writ of Mandamus can be filed in court to compel a public official to perform their duty of keeping roads open and free from obstructions.
Injunction: A civil case to stop an entity from continuing the obstruction.

Summary Table: Public vs. Subdivision Roads

Feature	Public Road (City/National)	Subdivision Road
Ownership	Public Dominion (The State)	Developer/HOA (until donated to LGU)
Gating	Prohibited (unless by LGU Ordinance)	Allowed for security (with limitations)
Public Access	Absolute right of passage	Limited by security protocols, but cannot be closed if it's a vital artery
Maintenance	Government (DPWH/LGU)	Developer/HOA (until turned over)