Friday, December 19, 2014

WON: Paranaque Ordinance 03-12, converting to Public access roads

Traffic congestion in the Philippines has worsen since late 1990s, and it is one of the problems which we still haven’t found any solution yet. The major roads are the most affected ones, like the famous Circumferential Road 4, also known as “EDSA”, and also the roads around the business districts, like in Makati and Ortigas. Some motorists and commuters are already getting used to the traffic on these major roads, since there are no other alternate routes or if there are, the traffic is worse. However, others are still hoping to find remedies to the traffic problem, especially if it was caused by government enforcement which might be infringing on their rights as a Filipino citizen.

In the case of the Paranaque residents, they are now questioning several orders and ordinances from their local government officials, on opening the private roads of their subdivision for public access, where they alleged that it is causing more traffic, and also violates their rights to privacy which in turn threaten their security. One of the ordinances that was initially passed that affected the traffic, was opening the main roads to public access since 2003. It attracts more motorists, other than the residents, to use the said roads as an alternative route, free of charge.


This city road ordinance is now being questioned if it infringes on the right of the residents of Paranaque city. We shall determine first if the local government has the proper jurisdiction or authority to implement such ordinance in enforcing against private property. Then, we shall contest its constitutionality, if it infringes on the right of the residents as defined in our Bill of Rights, under the 1987 Philippine Constitution.

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