FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIF'PINES 
1 
First Regular Session 
) 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
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 the 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. 11, p. 59,6th Ed., citing Umali v. 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.* 
* This bill was originally filed during the Thirteenth Congress, Second Regular Session 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
a_A 
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: 
SECTION 1. Short Title. - This Act shall be known as the “Clear Sidewalks Act of 
2007.” 
SECTION 2. Declaration of Policy. - It is the policy of the State to promote the general 
welfare of the people. Pursuant to this policy, this Act seeks to clear sidewalks from 
unauthorized commercial or personal use in order to facilitate the smooth passage of persons as 
well as to clear all obstructions to traffic and vehicular flow. Adequate sidewalk areas must also 
be maintained to allow safe pedestrian passage and for the safe and convenient use of 
wheelchairs, strollers and similar instruments. 
SECTION 3. Definition of Terms. -As used in this Act, the term: 
(A) “Sidewalks” mean paved paths for pedestrians alongside streets. 
(B) “Illegal structures/obstructions” mean structures which are erected on sidewalks 
without the necessary permit. 
(C)“Sidewalk vendor” means any person or individual who sells or vends any 
agricultural products, cooked foods and/or dry goods, items or articles, including any 
person who attends to these above-cited products which hare intended to be sold, at 
any temporary location, sidewalk, alley, vacant space or portion thereof. 
(D) “Community-wide special occasions” mean community-sponsored special occasions 
which shall include, but not limited to fiestas, gatherings, etc. 
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SECTION 4. Prohibited Acts. - The use of streets, sidewalks, avenues, alleys, bridges, 
parks and other public places for commercial and personal purposes shall be prohibited. Such 
prohibited acts include but not limited to the following: 
(A)Vending or selling of foods, magazines, newspapers, cigarettes, brooms, watches or 
jewelries, shoes and other footwear, and/or any other items; 
(B) Conduct of shoe-shine occupation; 
(C) Doing house chores such as washing clothes, hanging clothes, and bathing; 
(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 
(H) Storing softdrinks or wine or liquor bottles and cases; drinking liquor and beverages 
:ep animals in chains; 
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 stallktore 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. Grunt of Permits for Temporary Use of Sidewalk. - 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. The licensing authority 
may establish rules and regulations governing displays and sales of merchandise 
during community-wide special occasions or sales promotion days. For these 
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purposes, the licensing authority shall clearly designate the portions of the sidewalks 
on which merchandise may he 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 he 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 he neat and orderly. 
A representative of the licensing authority shall he present to oversee such 
authorized temporary use of sidewalks. 
SECTION 6. Content ofApplications for Temporary Use of Sidewalks. - The application 
for the grant of permits for the temporary use of sidewalks during the above occasions shall 
contain the following information: 
(A)Full name and complete address of applicanUs; 
(B) The place where he is allowed to use and the duration of such use; 
(C) The purpose of such use; and 
(D)If purpose of use is for the selling of goods, the products he is authorized to sell. 
SECTION 7. Implementing Agency. - The municipal or city government shall he 
responsible for the implementation of the provisions of this Act. Within thirty (30) days from 
the approval of this Act, the municipal or city governments shall formulate implementing rules 
and regulations for the effective implementation of this Act. 
SECTION 8. Penalties. - Any person who violates any of the provisions of this Act shall 
he punished by a fine of One Thousand Pesos (P1,OOO.OO) which shall accrue to the Municipal or 
City Treasury, or imprisonment of not more than thirty (30) days, or both. 
Any permit issued shall he revoked upon violation of the requirements under this Act. 
Such revocation shall prohibit the grant of a new permit for twelve (12) months fiom the date of 
the conviction. 
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SECTION 9. Separability Clause. - If any provision or part thereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 10. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
with the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 11. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
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Approved, 
RCC/4-6-06 
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