Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

18" CONGRESS
First Regular Session,
353

HOUSE BILL NO.

Introduced by Rep. Evelina G. Escudero

EXPLANATORY NOTE

This bill seeks to penalize the use of public roads and sidewalks for commercial and personal
Purposes. In the 1992 case of Dacanay v. Mayor Asistio, Jr. (208 SCRA 404), among other cases, the
Supreme Court of the Philippines declared that

“A public street is property for public use hence outside the commerce of man.
The right of the public to use the city streets may not be bargained away through
contract. The imerests of a few should not prevail over the good of the greater number
in the community where health, peace, safety, good order and general welfare, the city
officials are under legal obligation to protect.

The Civil Code of the Philippines provides in part, that “anything which obstructs or interferes
with the free passage of any public highway or street is a nuisance, and is subject to abatement, without
Judicial proceedings.” It also states that “any person who obstructs or imerferes with the free passage of
any public street is liable for damages in addition to having such obstruction summarily abated.

thas been observed that in cities, municipalities and barangays, the roads, sidewalks and alleys
are still not properly utilized. Sidewalks are occupied by vendors and used as illegal transport terminals
while roads and alleys are blocked by illegal structures such as basketball courts or business stalls
Hence, pedestrians are forced to walk on the road which causes traffic congestion. Motorists slow down
to avoid accidents.

Under the proposed measure, a penalty of fine and imprisonment 1s imposed against any person
who obstructs or uses public roads and sidewalks for commercial and personal purposes. Also, the
barangay chairperson or mayor who fails or neglects to implement the prohibition against the use of the
Public roads and sidewalks for commercial and personal purposes, or to abate any obstruction within its
territorial jurisdiction, may be administratively charged under the provisions of the Local Government
Code. The barangay chairperson or mayor may also be made to pay a fine

The public deserves a safe, convenient and healthy environment It is therefore necessary to
impose penalties for obstructing public roads and sidewalks to ensure the safety of everyone

In view of the foregoing, approval of this bill is highly recommended

_aatity)

EVELINA G. ESCUDERO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

18" CONGRESS
First Regular Session

HOUSE BILL No._2353

Introduced by Rep. Ev

G. Escudero

AN ACT

PENALIZING THE USE OF PUBLIC ROADS AND SIDEWALKS FOR COMMERCIAL AND
PERSONAL PURPOSES

assembled:

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

SECTION 1. Short Title. ~ This Act shall be known as the “Use of Roads and Sidewalks Act”

SEC. 2. Prohibited Acts. ~The use of public roads and sidewalks for commercial and personal
Purposes which constitutes obstruction shall be penalized.

For purposes of this Act, obstruction refers to any structure, permanent or otherwise, movable or
immovable, erected along, standing on, abutting, or in any manner impeding safe and convenient passage
through any public road or sidewalk but does not include structures erected or installed by the government
for the purpose of regulating the flow of traffic

Obstruction to public roads and sidewalks includes the following

a)

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Selling of food, beverages, magazines, newspapers, cigarettes, jewelries, shoes
and other footwear, and other goods,

‘Conducting a shoe-shine business,

Bathing, washing and hanging of clothes,

Using the sidewalk as garage or for a car repair business;

Dumping of garbage.

Setting up of basketball court or goal and playing of basketball,

Constructing pens or cages of animals,

Storing sofidrinks or bottled drinks and cases,

Drinking liquor and alcoholic beverages and holding picnics and parties,

Storing of household appliances, furnitures, junk and construction materials

Installing of permanent fence or gate;

Putting plants and flower boxes,

Installing signs or signboards on or above sidewalks which are detached from
the store or business establishment,

Conducting religious activities like preaching and soliciting of donations,

Holding the wake of dead relatives and gambling during the wake. and

Other similar activities,

SEC 3. Exceptions. ~ The mayor or the barangay chairperson may grant an applicant permit for
the temporary use of roads and sidewalks during any of the following occasions


a) Special occasions in the locality such as fiestas and other similar gatherings,
and

b) Sale promotion days and activities for civic or charitable purposes.

‘The mayor or the barangay chairperson shall clearly designate the specific duration of the use and
the portions of the sidewalks or public road that may be utilized for the activity or occasion

A representative of the mayor or the barangay chairperson must be present during the activity to

‘ensure that the activity is conducted in an orderly manner and that cleanliness and proper safety measures
are observed,

SEC. 4. Penalties. — In addition to having the obstruction abated summarily and being liable for
damages as provided under the Civil Code of the Philippines, any person who violates the provisions
under Section 2 of this Act shall be penalized by a fine of not less than Fifty thousand pesos (P50,000 00)
but not more than One hundred thousand pesos (P100,000.00), or by imprisonment of not less than six (6)
‘months but not more than one (1) year, or both

‘The mayor, barangay chairperson or any designated local officer who neglects or fails to enforce
the provisions of this Act shall be administratively liable under the Local Government Code, and shall be
penalized by a fine of not less than Fifty thousand pesos (PS0,000.00) but not more than one hundred
thousand pesos (100,000.00),

SEC. 5. Implementing Rules and Regulations. ~ Within thirty (30) days from the approval of
this Act, the Secretary of the Interior and Local Government shall issue the necessary rules and
regulations for the effective implementation of this Act

SEC. 6. Repealing Clause. ~ A\l laws, decrees, executive orders or parts thereof inconsistent
with the provisions of this Act are hereby repealed, amended or modified accordingly.

SEC. 7. Effectivity. ~ This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation

Approved,