CA bars opening of five roads in BF P’que to public

THE Court of Appeals (CA) has sustained its earlier decision barring the opening of five gates of the BF Homes in Parañaque to the public.

In a 14- page resolution, the CA’s Former Ninth Division denied the motion for reconsideration filed by respondents Human Settlements Adjudication Commission ( HSAC) and several individuals seeking the reversal of its October 20, 2022 decision which overturned and set aside a ruling of the HSAC ordering the BF Federation of Homeowners’ Associations Inc. ( BFFHAI) to open the gates and allow the entry of vehicles on Aguirre Avenue, Elizalde Street, El Grande Avenue, Concha Cruz Street and Tropical Street in the BF Homes subdivisions, and to stop imposing entry fees on utility and delivery service providers.

In its appeal, the respondents assailed the CA’s decision as illegal as it amended a previous ruling of the appellate court issued on November 16, 1999 which upheld the local government of Paranaque’s reclassification of the El Grande Avenue and Aguirre Avenue as “commercial areas.”

They asserted that declaring the said roads as “commercial areas,” virtually made these thoroughfares public in nature.

Besides, the respondents maintained that the issuance of a writ of preliminary injunction by the HSAC to enjoin BFFHAI from requiring car stickers before allowing the entry of vehicles on the subject roads was justified.

They insisted that the subject roads should be opened because these are being maintained using public funds and that BFFHAI has no authority to sell car stickers.

But the CA held that El Grande and Aguirre avenues remained to be private properties despite their reclassification as commercial areas.