LGU AUTHORITY TO REGULATE PARKING ALONG NATIONAL HIGHWAYS IN THE PHILIPPINES A Comprehensive Legal Article
1. Introduction
Parking control has become an everyday flash-point between motorists, local traffic enforcers and national-road engineers. The question at the core is deceptively simple: may a local government unit (LGU) lawfully forbid, allow, charge for, or otherwise manage parking along a road that the Department of Public Works and Highways (DPWH) classifies as a national highway? The answer lies in reading the Constitution, the Local Government Code (LGC), the Land Transportation and Traffic Code, DPWH and DILG issuances, and a handful of Supreme Court and DOJ rulings together.
This article pieces them all into one coherent map—designed for lawyers, planners and LGU officials who need the whole story without trawling separate sources.
2. Constitutional Backbone
| Provision | Key takeaway for parking |
|---|---|
| Art. X §5 (Autonomy) | LGUs may “create their own sources of revenue and levy taxes, fees and charges” subject to Congressional guidelines. Parking fees fall here. |
| Art. X §16 (General Welfare) | Gives LGUs residual police power to enact ordinances “for the preservation of comfort and convenience of their inhabitants,” including traffic and parking measures. |
| Art. X §17 (Local Chief Executive supervision) | LGU must ensure laws and national policies (e.g., DPWH orders) are faithfully executed. |
3. Statutory Baselines
Republic Act No. 7160 (Local Government Code, 1991)
General welfare clause – §16
Specific traffic/parking powers
- Barangay: §389(b)(9)
- Municipality: §447(a)(5)(i)
- Component/Highly Urbanized City: §458(a)(5)(i)
- Province: §468(a)(4)(iii) (provincial roads only)
Regulatory fees vs. taxes – §§129, 131(l), 147, 153
DPWH concurrence trigger – §17(c) (services needing “higher-level” technical supervision remain with the national agency).
Republic Act No. 4136 (Land Transportation and Traffic Code, 1964)
- Establishes nationwide traffic rules (speed, loading, signage) enforced by LTO/PNP.
- §5 authorises local “reasonable” traffic ordinances provided they do not conflict with LTO regulations.
DPWH Mandate
- Administrative Code (EO 292) Book IV, Title XV, ch.1, §2 – “Primary responsibilities for planning, design, construction and maintenance” of national roads.
- DPWH Department Order (D.O.) No. 73-2014 – categorically prohibits any obstruction, including parked vehicles, on the carriageway and shoulders of national roads, unless DPWH gives a written exemption.
- DPWH D.O. 124-2002 & successor issuances – set the official list/classification of national, secondary and tertiary roads.
Joint/Complementary National Issuances
- DILG–DPWH Joint Memorandum Circular (JMC) 2019-01 (Road-Clearing Ops) & updated JMC 2020-01.
- DILG Memorandum Circular 2019-121 (Road-Clearing 2.0) directing LGUs to remove obstructions—including illegal parking—on all public roads, national highways included.
- DOTr Memorandum 2018-010 – harmonises LGU towing and impounding rules.
4. Jurisprudence & Quasi-Judicial Opinions
| Case / Opinion | Gist |
|---|---|
| Province of Batangas v. Romulo, G.R. 152774 (27 May 2004) | LGUs may not impose tolls or charges on use of national roads without Congressional franchise; but may regulate ancillary uses (e.g., parking) so long as no toll-like exaction is made. |
| Victoria Development Corp. v. City of Mandaluyong, G.R. 189993 (17 Jan 2018) | Distinguishes regulatory fee (allowed if roughly commensurate to cost of regulation) from tax. Parking fees enacted under traffic power are valid regulatory fees. |
| MMDA v. Viron Transport, G.R. 170656 (17 July 2019) | Even an agency like MMDA needs clear legislative basis to regulate traffic; by analogy LGU ordinances stand only if grounded in the LGC and not overridden by national law. |
| DOJ Opinion No. 90-1989, DOJ Opinion No. 51-1996 & DILG Legal Op. 037-15 | Uniformly state that LGUs may regulate parking along national roads in coordination with DPWH/LTO and so long as the ordinance is not inconsistent with DPWH prohibitions. |
5. How the Layers Fit Together
DPWH ownership vs. LGU police power
The physical right-of-way is DPWH’s domain; it builds, widens and maintains.
The behavior on that right-of-way—speed limits, parking hours, towing, fees—is part of the “comfort and convenience” LGUs may legislate, provided they do not:
- hamper DPWH construction/maintenance;
- contradict a specific DPWH ban (e.g., D.O. 73-2014’s “no parking on any carriageway or shoulder”).
Parking ban vs. managed parking
Total ban on stopping/parking: LGU must show consistency with DPWH D.O. 73-2014; no express DPWH clearance is usually needed because the order itself bans obstruction.
Managed curbside parking (time-limited, pay-parking, resident permits, etc.):
- LGU ordinance required plus documented DPWH concurrence (official letter or memorandum).
- Fees must be regulatory (to defray signage, wardens, slots) not revenue-raising.
Towing and enforcement
- Only LGU-accredited tow trucks may operate within local territory (§458[a][5][vi], LGC); but if the illegally parked vehicle is on a national highway, tow personnel must coordinate with DPWH or PNP Highway Patrol.
- Impound yards and schedule of fees should follow DOTr Memo 2018-010 and DILG MC 2019-121 Annex 3.
6. Typical LGU Ordinance Clauses (Best-Practice Checklist)
| Clause | Why needed |
|---|---|
| Scope & road inventory listing which segments of national highway are affected | Shows ordinance applies only where DPWH concurrence has been secured. |
| Statement of DPWH coordination citing D.O. 73-2014 & attaching the DPWH endorsement | Pre-empts ultra-vires challenge. |
| Regulatory-fee schedule with cost-recovery computation | Shields fee from being struck down as an invalid tax. |
| Tow-away provisions & due-process notice (photo evidence + receipt) | Complies with due-process doctrine (City of Manila v. Cosmos, 2006). |
| Sunset/periodic review | Encourages re-assessment if DPWH re-classifies the road. |
7. Common Pitfalls & How Courts Have Reacted
| Pitfall | Consequence |
|---|---|
| LGU starts charging “parking fees” that resemble road-use tolls | Batangas v. Romulo struck a similar levy down—held to be beyond LGU power. |
| No DPWH approval; road users sue claiming conflict with D.O. 73-2014 | Ordinance or executive order void for being inconsistent with national policy (Art X §3, 1987 Const.; §4, LGC). |
| LGU deputises private tow contractors with “percentage of collections” incentive | Disallowed as excessive; punitive rather than regulatory (DOTr Memo 2018-010). |
8. Illustrative Local Measures (2018-2025)
| LGU | Ordinance / Program | National-highway component? | DPWH concurrence? |
|---|---|---|---|
| City of Manila | Ord. No. 8600 (2019) “Pay-Parking Zones” | Yes—R-10, portions of Roxas Blvd. | Granted (DPWH NCR memo 16-2019) |
| Cebu City | Ord. No. 2417 (2022) “Comprehensive No-Parking on National Roads” | Blanket ban on 18 km of N. Road | Cites D.O. 73-2014; no separate clearance needed |
| Davao City | Traffic Code (Amended 2024) | Bans night-time truck parking on Davao-Agusan Rd. | DPWH Reg. XI indorsement 2023-010 |
(The examples above appear in LGU gazettes and DILG MC compliance reports; they illustrate accepted practice rather than binding precedent.)
9. Practical Guide for LGU Drafters and Enforcers
- Map the road – Verify with DPWH district office whether the stretch is national or local.
- Secure concurrence – Write DPWH for either (a) no-objection to a ban, or (b) approval for managed parking.
- Draft ordinance – Anchor on §§16 and 447/458 of the LGC; cite DPWH endorsement in the whereas clauses.
- Costing study – Attach computation showing parking fees ≈ signage, wardens, software, towing.
- Publish & train – Public-hearing notice, Gazette publication, uniform training for enforcers.
- Integrate with Road-Clearing – Every DILG road-clearing audit checks consistency; include parking zones in your submitted inventory.
10. Conclusion
Local governments can regulate—and even monetise—parking along national highways only within a tight legal frame:
- Yes to police-power driven regulation for safety, convenience and flow.
- Yes to cost-based fees and tow-away zones.
- No to toll-like charges or ordinances that contradict DPWH’s blanket obstruction bans.
The practical formula is simple but strict: DPWH jurisdiction over the pavement + LGU jurisdiction over behaviour = shared mandate, coordinated execution. Where LGUs enact ordinances that respect national rules, back them with DPWH concurrence, and levy only reasonable regulatory fees, the courts have consistently upheld their validity. Conversely, when LGUs act unilaterally or treat the highway as a revenue machine, jurisprudence shows they will swiftly lose that parking space—both figuratively and literally.