FIFTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
) 
SENATE 
S.B. No. 2966 
Introduced by SENATOR MANNY VILLAR 
EXPLANA TORY NOTE 
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It has been observed that some city, municipal and even provincial 
streets, avenues, alleys, sidewalks, bridges, parks and other public places are 
not properly utilized by road users and the public due to the practices of some 
individuals who use these areas for displaying and selling their goods as well as 
utilizing the same in erecting structures for commercial and advertising purposes, 
The occupation and use by private individuals of sidewalks and other 
public places devoted to public use constitute both public nuisances and 
nuisances per se." (Padilla, Civil Code Annotated, Vol. II, p. 59, 6th Ed .. citing 
Umali vs. Aquino, C. A. Rep. 339) 
The ruling in Umali further states that the use of sidewalk "applies even to 
cases involving the use or lease of public places under permits or licenses issued 
by competent authority upon the theory that such holders could not take 
advantage of their unlawful permits and licenses and claim that the land in 
question is a part of a public street or a public place devoted to public use hence 
beyond the commerce of man." 
It is therefore necessary to clear all illegal structures and obstructions on 
or along those places in order to ensure a smooth flow of traffic and provide for a 
safe and convenient movement of goods and people. 
In view of the foregoing, the immediate passage of this bill is earnestly 
requested. 


FIFTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
) 
SENATE 
S.B. No. 2966 
Introduced by SENATOR MANNY VILLAR 
AN ACT 
REGULATING THE USE OF SIDEWALKS FOR COMMERCIAL AND OTHER 
PURPOSES 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
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SECTION 1. Short Title. -
This Act shall be known as the "Clear 
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Sidewalks Act of 2011." 
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SECTION 2. Declaration of Policy. -
It is the policy of the State to 
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promote the general welfare of the people. Pursuant to this policy, this Act seeks 
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to clear sidewalks from unauthorized commercial or personal use in order to 
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facilitate the smooth passage of' persons as well as to clear all obstructions to 
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traffic and vehicular flow. Adequate sidewalk areas must also be maintained to 
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allow safe pedestrian passage and for the safe and convenient use of 
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wheelchairs, strollers and similar instruments. 
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SECTION 3. Definition of Terms. - As used in this Act, the term: 
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(A)"Sidewalks" mean paved paths for pedestrians alongside streets. 
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(8) "Illegal structures/obstructions" mean structures which are erected on 
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sidewalks without the necessary permit. 
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(C)"Sidewalk vendor" means any person or individual who sells or vends 
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any agricultural products, cooked foods and/or dry goods, items or 
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articles, including any person who attends to these above-cited products 
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which hare intended to be sold, at any temporary location, sidewalk, alley, 
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vacant space or portion thereof. 
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(D) "Community-wide special occasions" mean community-sponsored 
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special occasions which shall include, but not limited to fiestas, 
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gatherings, etc. 
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SECTION 4. Prohibited Acts. - The use of streets, sidewalks, avenues, 
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alleys, bridges, parks and other public places for commercial and personal 
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purposes shall be prohibited. Such prohibited acts include but not limited to the 
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following: 
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(A) Vending or selling of foods, magazines, newspapers, cigarettes 
brooms, watches or jewelries, shoes and other footwear, and/or any othe; 
Items; 
(8) Conduct of shoe-shine occupation; 
(C) Doing house chores such as washing clothes hanging clothes, and 
bathing; 
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(D) Vehicle garage or vehicle repair; 
(E) Dumping garbage; 
(F) Setting up of basketball court or goal; 
(G) Use of sidewalk to install pens of animals or keep animals in chains; 
(H) Storing softdrinks or wine or liquor bottles and cases: drinking liquor 
and beverages and holding picnics or gatherings; 
(I) Storing of junks and recyclable materials; 
(J) Use of sidewalk for storage of construction materials for sale (pipes, 
tubings, lumber, cement, and the like); 
(K) House extension or stall/store extension including installation of roofs 
or awnings; 
(L) Installation of permanent or picket fence; 
(M) Use of sidewalks for plants, trees and plant boxes; and 
(N) Signs or signboards on or above sidewalks and detached from the 
business establishment. 
SECTION 5. Grant of Permits for Temporary Use of Sidewalks. - The 
authorities shall have the power to grant permits to applicants for the temporary 
use of sidewalks under the following occasions: 
(A) Community-wide special occasions or sales promotion days. 
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licensing authority may establish rules and regulations governing displays 
and sales of merchandise during community-wide special occasions or 
sales promotion days. For these purposes, the licensing authority shall 
clearly designate the portions of the Sidewalks on which merchandise may 
be displayed as well as the duration of such use. 
(B) Civic or charitable purposes. All sales for civic or charitable purposes 
shall be held in clearly designated portions of the sidewalks on which 
merchandise may be displayed and for a specific dUration. 
The use of sidewalks and the displays or sale of merchandise under this 
section must be of a nonpermanent nature and must be neat and orderly. 
A representative of the licensing authority shall be present to oversee 
such authorized temporary use of sidewalks. 


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SECTION 6. Content of Applications for Temporary Use of Sidewalks. 
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- The application for the grant of permits for the temporary use of sidewalks 
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during the above occasions shall contain the following information: 
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(A) Full name and complete address of applicanUs; 
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(B) The place where he is allowed to use and the duration of such use; 
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(C) The purpose of such use; and 
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(D) If purpose of use is for the selling of goods, the products he is 
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authorized to sell. 
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SECTION 7. Implementing Agency. - The municipal or city government 
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shall be responsible for the implementation of the provisions of this Act. Within 
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thirty (30) days from the approval of this Act, the municipal or city governments 
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shall 
formulate 
implementing 
rules 
and 
regulations 
for 
the 
effective 
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implementation of this Act. 
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SECTION 8. Penalties. - Any person who violates any of the provisions 
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of this Act shall be punished by a fine of One Thousand Pesos (Pi ,000.00) which 
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shall accrue to the Municipal or City Treasury, or imprisonment of not more than 
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thirty (30) days, or both. Any permit issued shall be revoked upon violation of the 
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requirements under this Act. Such revocation shall prohibit the grant of a new 
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permit for twelve (12) months from the date of the conviction. 
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SECTION 9. Separability Clause. - If any provision or part thereof, is 
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held invalid or unconstitutional, the remainder of the law or the provision not 
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otherwise affected shall remain valid and subsisting. 
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SECTION 10. Repealing Clause. -
Any law, presidential decree or 
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issuance, executive order, letter of instruction, administrative order, rule or 
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regulation contrary to, or inconsistent with the provisions of this Act is hereby 
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repealed, modified or amended accordingly. 
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SECTION 11. Effectivity Clause. - This Act shall take effect fifteen (15) 
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days after its publication in at least two (2) newspapers of general circulation. 
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Approved, 
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