The DPWH Legal Division, through Regional Director Ramon Aquino, issued the opinion following confusion over the closure of the two vital arteries in Manila, which created monstrous traffic jams in the city.
"It shall be unlawful for any person to usurp any portion of right of way to convert any part of any public highway, bridge, wharf or trail by private user or to obstruct the same by any manner..." the opinion stated.
Before a property of public dominion may be appropriated by the State or by private persons, the DPWH said there must be a formal declaration by the executive or possibly the legislative department that the property is no longer needed for public purpose or for public use.
Aquino said the property of public dominion includes roads, canals, rivers, torrents, ports and bridges. He added that it is intended for the common and public welfare, therefore, it cannot be the object of appropriation by the state or by private persons.
"National roads, in particular, are under the jurisdiction and administration for the collective enjoyment of all the people or the State," the DPWH noted.
The DPWH issued the opinion following a request of Manila resident Tina Testa, who questioned the local government‘s decision to close the two areas.
Testa said Muelle del Rio and Rizal Avenue are national roads, which are outside the jurisdiction of the Manila government.
Atienza maintained that the projects would complement the local government’s urban renewal program.
The Manila City Council has given a temporary closure permit for 60 days. The permit has since lapsed but the two major arteries remained closed.