Public domain or free enterprise?

For a very long while, I have been meaning to write an article that is either too bland and senseless that readers tend to discontinue poring over it after reading just the first few lines or thought providing enough as to likely engender a heated or even a violent debate. Let me try this write up today by bringing up the idea that says "law is defined by the authority who uses it." Because this perspective somewhat defines law not by the strength of its moral content, but by the fact that it is enforced by a power holder, I foresee this article as mentally unattractive and therefore thoroughly disengaging, on one hand or inviting serious reflection and interesting discussion, on the other hand.

As a focal point of applying this idea, let me ask readers to view what is happening to a narrow road called C. Mina Street in Barangay Mabolo this city. One end is located not far from St. Joseph Parish Church, where the stretch has been made a one-way street toward M. J. Cuenco Avenue, while the other end is near the barangay basketball court and fire station. Let me focus on that short stretch of C Mina Street from the Mabolo Barangay Hall to the gym.

C. Mina Street is a property of public domain. In legal theory, a property of public domain refers to state-owned asset intended for public use and public service that is inalienable and outside the commerce of man. There was a time when the two-lane C. Mina Street although somewhat narrow could safely and comfortably accommodate two vehicles coming from opposite direction. I must admit though that writing about this narrow road is too bland and senseless that readers will not pursue reading. What about if this road of public domain is narrow? What does it matter to the public? It is indeed a tasteless and unexciting topic.

What if this C. Mina Street is made even narrower to a point where it is unsafe for two vehicles to pass? Indeed, what hazard lies if the road becomes too narrow for safe two-way traffic? Then from this point of hazard, you begin to discuss and start asking why is this so. And a philosophical debate can ensue by asserting that concept “law is defined by the authority who uses it”.

Presently, this short portion of C. Mina Street from the front of the barangay hall to the fire station is no longer inalienable and not anymore outside the commerce of men. To the woes of the strictly legalistic mind, it has become partly alienable. Free enterprise assaults its public domain character. It looks like market stalls (and therefore private business) are erected where then the public walked on and public transport once passed thru. I happen to own a very small piece of land in front of the fire station. When I visited my property the other day, driving my old and rickety Volkswagen Beetle, I had to drive excruciatingly slow and extraordinarily careful on this severely constricted street. Not only were there market customers, there were also vehicles parked alongside.

I learned later that this part privatization of the public road C. Mina is a project of the rather new barangay administration. I could not help but perceive a drastic change in governmental administration. Indeed, the “law is defined by the authority who uses it" The reason of this obvious change of character from public domain to private enterprise is that in the mind of the new barangay administration, the operators/owners are also part of the public. While to me, the reasoning is legally warped and theoretically radical, it is founded on the political reality that these private entrepreneurs constitute a solid block of voters! Is this end of the story or is there a need for further discussion?