REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
‘Quezon City

SEVENTEENTH CONGRESS
‘Third Regular Session

House Bill No._8017

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO.

EXPLANATORY NOTE

‘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.” \t further states that “any person who obstructs or
interferes with the free passage of any public street is liable for damages in addition to having such
obstruction summarily abated.”

In Umali vs. Aquino (1992,) the Supreme Court opined that, “the occupation and use of
private individuals of sidewalks and other public places devoted for public use constitute both
‘public and private nuisances and nuisance per se, and this applies to even case involving the use or
lease of public spaces under permits and licenses issued by competent authority, upon the theory
that such holders could not take advantage of their unlawful permits and license and claim that the
land in question is part of a public street or a public place devoted to public use, hence, beyond the
commerce of man.”

Indeed, as it has been clearly stated, public places such as sidewalks is not to be used for
ultimately, private purposes. The country’s sidewalks, as has been evidence with our everyday
experience of it, has become so crowded with stores and stalls selling food or rendering various
kinds of services, so much that pedestrians have no choice but to walk roadside, exposed to all
kinds of road hazards. The end result is the exacerbation of the already dismal traffic situation and
the overcrowding of roads.

As such, this bill aims to penalize the use of public roads and sidewalks for commercial and
personal purposes. LGU officials who fail to implement this act will be held administratively liable.
It shall also compel LGUs to formulate a development plan that will make possible an organized
vending program for all sidewalk vendors to be affected by the provisions of this Act.

In view of the foregoing, immediate approval of this measure is eamestly sought.



waurun

10

12
13
14
1s
16
7

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
‘Third Regular Session

House Bill No. 8017

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
PENALIZING THE USE OF SIDEWALKS FOR COMMERCIAL AND/OR PERSONAL
PURPOSES

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

SECTION 1. Short Title —This Act shall be known as the “Unobstructed Sidewalks Act.”

SEC. 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 arcas must also be maintained to
allow safe pedestrian passage and for the safety and convenience of wheelchairs, strollers, and
similar instruments.

SEC. 3. Definition of Terms.—For the purposes of this Act:

a) Sidewalks means paved paths for pedestrians alongside streets.
b) Mlegal structures/obstructions means structures which are erected on sidewalks
without 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 such products which are intended to be sold, at any temporary location, sidewalk,
alley, vacant space or portion thereof.
d) Community-wide special occasions means community-sponsored special occasions
which shall include, but not limited to, fiestas, gatherings, etc.


1 SEC. 4. Prohibited Acts.—The use of streets, sidewalks, avenues, alleys, bridges, parks, and
other public spaces for commercial and personal purposes shall hereby be prohibited. Such
3. prohibited acts include, but not limited to, the following:

v

*

a) Vending or selling food, magazines, newspapers, cigarettes, brooms, watches or

5 Jewelries, shoes and other footwear, and/or any other items;

6 b) Conduct of shoe-shine occupation;

7 ) Doing house chores such as washing clothes, hanging clothes, and bathing;
8 4) Vehicle parking or repair;

9 ¢) Dumping garbage;

10 f) Setting up a basketball court;

iW 2) Use of sidewalk to install animal pens or for keeping animals in chains:

12 h) Storing softdrinks or wine or liquor bottles and cases; drinking liquor and beverages and
13 holding picnics or gatherings;

4 i) Storing of junk and recyclable materials;

15 j) Use of sidewalk for storage of construction materials for sale

16 k) House extension or stall/store extension including installation of roofs or awnings;

17 1) Installation of permanent or picket fence;

18 m) Use of sidewalks for unauthorized plants, trees, and plant boxes; and

19 n) Signs or signboards on or above sidewalks and detached from the business
20 establishment
21 SEC. 5. Grant of Permits for Temporary Use of Sidewatk.—The authorities shall have the

22 power to grant permits to applicants for the temporary use of sidewalks under the following
23. occasions:


weune

ao

20
2

23
24

25
26
27
28

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 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;

) 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
non-permanent nature and must be neat and orderly.

‘A representative of the licensing authority shall be present to oversee such authorized
temporary use of sidewalks.

SEC. 6. Content of Applications 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 applicant/s;

b) The place where he o she is allowed to use and the duration of such use;

©) The purpose of such use; and

d) If purpose of use is for the selling of goods, the products he or she is authorized to sell.

SEC. 7. 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 Section 4
of this Act shall be penalized by a fine of not less than Ten Thousand Pesos (P10,000.00) but not

more than Thirty Thousand Pesos (P30,000) or by imprisonment of not less than six (6) months, but
not more than one (I) year.

‘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 One Hundred Thousand Pesos (P100,000.00)
but not more than Five Hundred Thousand Pesos (P500,000.00).


SEC. 8. Organized Vending Program.—All local government units, in consultation with all
appropriate agencies and authorities, shall design development plans and allocate resources to
implement an organized vending program for all displaced sidewalk vendors.

SEC. 9. Implementing Rules and Regulations. —Within thirty (30) days from the approval
of this Act, the Secretary of Interior and Local Government shall issue the necessary rules and
regulations for the effective implementation of this Act.

SEC. 10. Repeating Clawse.—All laws, decrees, executive orders or parts thereof
inconsistent with the provisions of this Act is hereby repealed or modified accordingly.

SEC. 11. Separability Clause.—If any part or provision of this Act is declared invalid or
unconstitutional, the other parts not otherwise affected shall remain in full effect and force.

SEC. 12. Effectivity.—This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two newspapers of general circulation.

Approved,