RePublic of the DEPARTMENT OF THE INTER]OR AND LOCAL GOVERNMENT A. Francisco Gold Condominium ll, EDSA, Diliman, City

LEGAL SERVICE DILG OPrNroN NO-136 S. 2010 g lrFF I 2010 MR. BENJAMIN RAMOS 36 Tamblot St. Masagana Project 4, Quezon CitY

Dear Mr, Ramos:

Thishasreferencetoyour|etter-inquiryastowhetherornottheconstructionofaCity Barangay Hall an an open space belonging to and owned by the Quezon Gover-nmentislegal.Further,youinquireAthatifsuchisindeedlegal'willthe without a construction of said Barangay Hall in an open space be allowed even construction or building Permit. Appendedtoyour|etterisaphotocopyofTransfercertificateofTit|e(TCT)No'RT- 2i710 said to be registered in the name of the Quezon city Government cove-flng "No portion of the the supposed lot/open space, bearing an annotation which reads: ii"p"fr-iiit, de'lineaied as Rd. alley and open space shall be closed or otherwise 'aisbosea of without the approval of the NHA, as per PD-957"' on the land Assuming that the barangay hall you mentioned i: constructed -by 9:ing had been secured' covered the TCT you have attached, and no NHA approval thennootherconclusioncanbehadexceptthattheconstructionisVio|ativeofthe TCT anno.tation. we cite the case of United BF Homeowners Association Inc' vs' The Moreover, Homes Barangay Chairman and the of BF iinZqi", G.R.No. r4oog2, 08 SeptemGr 2006, wherein the supreme court held that: giving its "Before anything else, lest the Court be accused of "an p-ointed out that the 'iJnitiuctionipriiutiii lo illegal act, it should be of the ialt in the "open space" was prohibited by by taw, The second paragrapn of Section 31 of PD 957' as amended PD 1216, categoricallY Provides: x Section 31. Roads, Alleys, Sidewalks and Open Spaces' - x x Open spaces shatl be non-alienable public lands' and non- buildable. x x x old Thus, no structure or edifice should have been built on the by law as an basketbatl court as it was an area declared and reserved ;'spei space" in BF Homes subdivision'" (emphasis supplied) Thus, applying the case t: #it**t'lu***i**t*=*,':'jffi As to. the liabilities of the n:lT;,1-J'"i:l'""J11*d"""#,Hdi""TL'f t"'::'i';:o;"#:,..,:::,1":",J:iTI

We hope that we have sufficienfly addressed your concerns. Very truly yours,

3#,;i"'"ff e' oQgurrv pLS;55/