FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )

First Regular Session 5}

HOUSE OF REPRESENTATIVES

House Bill No._ 35 5

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE

The proper and responsible use of public space is an essential clement for development.
Such entails the assurance of safety and convenience of pedestrians and road users. At present, we
are faced with a problem of inappropriate and obstructive use of our streets, sidewalks, avenues,
alleys, bridges, parks and other public places. Clearly, such places have been venues for trade which
impedes movement and for chaotic advertising which, at times, presents hazards to the well-being of

Filpinos

rn Palla, Cl Code Annotated, Vo Il P59, 6th Ee, citing Umali ws. Aquino, ICA, Rep. 339, it
is stared 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 places 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 a part of a public street or a public place
devoted to public use, hence, beyond the commerce of man.”

Public space is, first and foremost, public. It is the responsibility of the
This bill seeks to take away all sorts of structures that arc considered illegal and obstructive in order
co guarantee the safety and convenience of the people
In view of the foregoing, immediate passage of this bill is earnestly sought.

tate to ensure this.



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FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Housé Bill No. 899 _

Introduced by Representative Susan A. Yap

AN ACT
REGULATING THE USE OF SIDEWALKS FOR COMMERCIAL AND OTHER
PURPOSES

Be it enacted by the Senate and the Ulouse of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title, - This Act shall be known as the “Clear Sidewalks Act of
2010”,

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 secks to clear sidewalks from unauthorized
commercial of 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.

SEC. 3. Definition of Terms, ~As used in this Act, the term:

“Sidewalks” mean paved paths for pedestrians alongside stree

(b) “Illegal structures/obstructions” mean structures which are erected on sidewalks
without the necessary permit.

(©) “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 are intended to be sold, at
any temporary location, sidewalk, alley, vacant space or portion thereof.

(@) “Community-wide special oc community-sponsored special occasions
which shall include, but not limited to fiestas, gatherings, ete

AC. 4, Probibited Acts, - ‘Vhe 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, cigarett
jewelries, shoes and other footwear, and/or any other items

(b) Conduct of shoe-shine occupation;

(©) Doing house chores such as washing clothes, hanging clothes, and bathing;

(@) Vehicle garage or vehicle repair;

() Dumping garbage;

(Setting up of basketball coust 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;

@ Storing of junk and recyclable materials;

@)_ Use of sidewalk for storage of construction materials for sale (pipes, tubing, lumber,
cement, and the like);

(&) House extension or stall/store extension including installation of roofs or awnings;

})_ Installation of permanent or picker fence;

, brooms, watches or



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(&) House extension or stall/store extension including installation of roofs or awnings;

{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.

SEC. 5. Grant 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
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 ot 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.

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 or she is allowed to use and the duration of such use;

(©) The purpose of such use; and

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

SEC. 7. Implementing Agency. - The municipal or city government shall be responsible for the
implementation of the provisions of this Act. Within thirty (30) days from the approval of
this Act, the municipal or cit rnments shall formulate implementing rules and
regulations for the effective implementation of this Act

SEC. 8 Penaities. ~ Any person who violates any of the provisions of this Act shall be
punished by a fine of One Thousand Pesos (P1,000.00) which shall accrue to the Municipal
or City Treasury, of imprisonment of not more than thirty (30) days, or both.

Any permit issued shall be revoked upon violation of the requirements under this
Act. Such revocation shall prohibit the grant of a new permit for twelve (12) months from
the date of conviction.

SEC. 9. Separability Clause. - I€ any provision or part thereof, is held invalid ot
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.

SEG. 10. Repeating Clase. - Any law, presidential decree or issuance, executive order, letter of
instruction, administrative order, rule or regulation contary 0, o inconsistent with the
provisions of this Act is hereby repealed, modified or amended accordingly.

SEC. 11, Effctinity Clase. ‘This Act shall take effect fifteen (15) days after its publication in
at least two (2) newspapers of general circulation


ene

Approved,