SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATa 
S. No. 
l~O 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
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City, municipal, and even provincial streets, avenues, alleys, sidewalks, bridges, parks, 
and other public places in the country are not properly utilized by road users and the public, 
because these areas are used by private persons for displaying, advertising, and selling goods. 
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. 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. I 
It is therefore neccssary to clear all illegal structures/obstructions on or along those places 
in order to ensure a smooth flow of traffic and provide a safe and convenient movement of goods 
and persons.2 
~~ )AJ 
MIRIAM DEFE S~ANTIA,o-
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I Padilla, Civil Code Annotated, Vol. II, p. 59, 6th Ed., citing Umali vs. Aquino, IC. A. Rep. 339. 
2 This bill was originally filed during the Thirteenth Congress, Second Regular Session. 


SIXTEENTH CONGRESS or THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENAf~o 
' 
___________________________ 
S_.N __ O_.======== ____________ ~ 
____ .. _;'_. ~H~Y~:=~~ t 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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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!. Short Title. - This Act shall be known as the "Clear Sidewalks Act." 
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SECTION 2. Declaration of Policy. -It shall be the policy of the State to clear sidewalks 
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from unauthorized commercial or personal use in order to facilitate the smooth passage of 
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persons as well as to clear all obstructions to traffic and vehicular flow. Adequate sidewalk areas 
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must be maintained to 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 afTerms. - For the purposes of this Act, the term: 
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(A) 
"Sidewalks" means a paved path for pedestrians alongside streets. 
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(B) 
"Illegal structures/obstructions" means structures which are erected on sidewalks 
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without the necessary permit. 
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(C) 
"Sidewalk vendor" means any person or individual who sells or vends any 
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agricultural products, cooked foods and/or dry goods, items or articles, including any person who 
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attends to these above-cited products which hare intended to be sold, at any temporary location, 
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sidewalk, alley, vacant space or portion thereof. 
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(D) 
"Community-wide special occasions" means community-sponsored special 
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occasions which shall include, but not limited to fiestas, gatherings, and other similar occasions. 


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SECTION 4. Prohibited Acts. - The use of streets, sidewalks, avenues, alleys, bridges, 
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parks and other public places for commercial and personal purposes shall be prohibited. Such 
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prohibited acts include but not limited to the following: 
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(A) 
Vending or selling of foods, magazines, newspapers, cigarettes, brooms, watches 
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or jewelries, shoes and other footwear, and/or illly other items; 
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(B) 
Conduct of shoe-shine occupation; 
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(C) 
Doing house chores such as washing clothes, hanging clothes, and bathing; 
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(D) 
Vehicle gill'age wd/or vehicle repair; 
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(E) 
Dumping garbage; 
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(F) 
Setting up of basketball court/goal; 
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(0) 
Use of sidewalk to install pens of animals or keep animals in chains; 
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(H) 
Storing sofldrinks or wine/liquor bottles wd cases; drinking liquor and beverages 
13' and holding picnics/gatherings; 
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(I) 
Storing of junks and recyclable materials; 
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(1) 
Use of sidewalk for storage of construction materials for sale (pipes, tubings, 
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lumber, cement, and the like); 
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(K) 
House extension or stall/store extension including installation of roofs or awnings; 
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(L) 
Installation of permanent or picket fence; 
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(M) 
Use of sidewalks for plants, trees, and plwt boxes; wd 
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(N) 
Signs or signboards on or above sidewalks wd detached from the business 
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establishment. 
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SECTION 5. Grant 0/ Permits for Temporary Use 0/ Sidewalks. - The aufuorities shall 
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have the power to grant permits to applicants for the temporary use of sidewalks under the 
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following occasions: 
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(A) 
Community-wide special occasions or sales promotion days. The licensing 
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authority may establish rules and regulations governing displays and sales of merchandise during 
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community-wide special occasions or sales promotion days. For fuese purposes, the licensing 
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authority shall clearly designate the portions of the sidewalks on which merchandise may be 
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displayed as well as the duration of such use. 
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(B) 
Civic or charitable purposes. All sales for civic or charitable purposes shall be 
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held in clearly designated portions of the sidewalks on which merchandise may be displayed and 
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for a specific duration. 
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The use of sidewalks and the displays or sale of merchandise under this Section must be 
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of a nonpermanent nature and must be neat and orderly. A representative of the licensing 
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authority shall be present to oversee such authorized temporary use of sidewalks. 
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SECTION 6. Content 0/ Applications/or Temporary Use a/Sidewalks. - The application 
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for the grant of permits for the temporary use of sidewalks during the above occasions shall 
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contain the following information: 
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(A) 
(B) 
(C) 
(D) 
Full name and complete address of applicantls; 
The place where he is allowed to use and the duration of such use; 
The purpose of such use; and 
If purpose oruse is for the selling of goods, the products he is authorized to sell. 
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SECTION 7. Implementing Agency. -
The municipal or city government shall be 
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responsible for the implementation of the provisions. of this Act. Within thirty (30) days from 
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the approval of this Act, the municipal 01' city governments shall formulate implementing rules 
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and regulations for the effective implementation of this Act. 
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SECTION 8. Penalties. - Any person who violates any of the provisions of this Act shall 
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he punished hy a tine of One Thousand Pesos (Pl,OOO.OO) which shall accrue to the 
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Municipal/City Treasury, or imprisonment o[not more than thirty (30) days, or both. 
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Any permit issued shall he revoked upon violation of the requirements under this Act. 
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Such revocation shall prohibit the grant of a new permit [or twelve (12) months from the date of 
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the conviction. 
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SECTION 9. Separability Clause. - If any provision or part hereof is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 10. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule, or regulation contrary to, or inconsistent 
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with the provisions of this Act is hereby repealed, modified or amended accordingly. 
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SECTION 11. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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