FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 1195 
INTRODUCED BY HON. MANNY VILLAR 
EXPLANATORY NOTE 
This bill aims to address four different but related areas of public concern: 1) the 
worsening traffic conditions in our cities; 2) the corresponding congestion along our 
sidewalks; 3) the guarantee of safe and convenient public access for all pedestrians, 
especially the disabled; and 4) the absence of adequate relief for pedestrians who 
suffer damage as a result of hazards to passage along our roads and sidewalks. 
Thus, this bill proposes that all obstructions found along sidewalks and public 
roads be declared by Congress as nuisance per se. This would make them subject to 
summary abatement by our local governments. In this manner, local governments will 
not be tied down by the need to go through protracted court proceedings in order to 
guarantee safe and convenient pedestrian passage. At the same time, these local 
governments will no longer have an excuse, in delaying the removal of such 
obstructions. Public utilities and contractors who conduct construction and repair work 
along our roads and in the process, endanger pedestrian safety, are also subject to civil 
liabilities under this proposed law. 
In order to protect against the undue deprivation of private property, the bill 
provides for a period within which the owner could go to court to prevent summary 
abatement. However, in order to guarantee against dilatory court actions, the property 
owner in such cases is required to post a bond. 
Hopefully, our roads will be left to the free flow of vehicles as they were intended, 
pedestrians can use our sidewalks without fear of falling into uncovered holes or being 
sideswiped as they try to avoid obstructions along .the sidewalk and the disabled can go 
out safely. 


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FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 1195 
INTRODUCED BY HON. MANNY VILLAR 
, 
AN ACT PROVIDING MEASURES TO ENSURE PEDESTRIAN SAFETY AND 
CONVENIENCE 
Be it enacted by the Senate and House of Representatives of the Philippines in 
congress assembled: 
Law." 
SECTION 1. Short Title - This law shall be known as the "Pedestrian Safety 
SEC. 2. Purposes - This Act has the following purposes: 
a) To make all public roads and sidewalks safe and convenient for the use of 
pedestrians: 
b) To improve the flow of traffic; 
c) To promote the right of the disabled to safe and convenient access; 
d) To authorize the appropriate local government units to institute the 
summary abatement of obstructions along public roads and sidewalks; and 
e) To provide for civil liabilities against those who endanger pedestrian safety 
or convenience by their acts or omissions. 
SEC. 3. Definition of Terms -
Unless the context clearly indicates another 
meaning, the following terms shall be construed as indicated below: 
a) "Public Roads" -
all streets, roads, bridges, highways and other 
thoroughfares constructed and maintained by the national government or 
by any local government unit: Provided, That any road or sidewalk not 
falling under this definition but which, upon determination by the 
appropriate local government unit, is deemed vital to pedestrian access or 
safety, shall be deemed a public road or sidewalk for the purposes of this 
ACT. 
b) "Sidewalk" - all specific areas running parallel to both sides of a public 
road, with a width and elevation as may be deemed appropriate for safe 
and convenient pedestrian passage ',by the appropriate local government 
unit in consultation with the Department of Public Works and highways 
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(DPWH): Provided, That for public roa~s which, for reasons of lack of land 
area, easement or legal right protected by law, may not be provided with 
sidewalks, the appropriate local government unit shall designate passing 
lanes which may be lesser in dimension than regular sidewalks but which 
shall, in every case, be adequate for safe and convenient pedestrian 
passage,. 
c) "Obstruction' -
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 shall be deemed an obstruction subject to summary abatement 
under this Act: Provided, That property of the government including 
structures erected or installed for th~ purpose of regulating the flow of 
traffic shall not be deemed obstructions. 
SEC. 4. Obstructions as nuisance per se - All obstructions along public roads 
and sidewalks are hereby presumed or declared nuisances per se and, as such, are 
subject to summary abatement without need of judicial proceedings. 
SEC. 5. Summary Abatement - All local government units other than barangays, 
are hereby authorized to summarily abate any obstruction found within their respective 
territorial jurisdictions: provide, that where the obstruction is immovable, permanent and 
claimed by any person to be his private property, its abatement shall be done only after 
a non-extendible five-day period from notice to such person of the intended abatement 
within which such person may show cause why the abatement should not be ensue: 
Provide, further, that where such person files an action in any court against the 
intended abatement, he shall furnish a bond to the local government unit concerned, in 
an amount to thrice the estimated value, if any, of the structure but in no case not less 
than three thousand Pesos (P3,OOO), which bond shall be forfeited in the event the suit 
is found groundless. 
SEC. 6. Remedies to Compel Compliance"': Any person may file, without need to 
pay any bond or filing fee, a petition for mandamus directed against the appropriate 
local government unit to compel such unit to summarily abate ant specified obstruction 
within its territorial jurisdiction: Provided, That such person has previously asked, in 
writing, the chief executive of the local government unit concerned, for such summary 
abatement and that said chief executive has not acted on the matter within fifteen (15) 
days from receipt thereof or has determined that summary abatement is not proper. 
In the event that the local government unit has determined that summary 
abatement is not proper, any person may file the proper action in court respecting 
abatement of nuisance unless the petition for mandamus in the preceding paragraph 
has been filed, in which case, said petition shall proceed as an ordinary action for 
abatement of nuisance. Said petition shall be without prejudice to and shall not affect 
any claim for damages as provided in the following Section. 
SEC. 7. Damages for Acts or omissions Endangering Pedestrian Safety - Any 
person who suffers damage to his person property as a result of an act or omission by 
another which endangers pedestrian safety may file an action for damages against any 
juridical or natural person or local government 
unit responsible for such act or 
omission, including but not limited to the folloyving acts or omissions resulting in 
damage: 
a) Failure to post a clearly marked and visible sign indicating on-going 
construction or repair work along a public or sidewalk; 
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b) Failure to obtain the permits from the appropriate local government 
agencies required in undertaking repair or construction work or in 
conducting any other activity requiring the use of a public road or sidewalk; 
c) Failure to cover or provide adequate cover of any hole, ditch or digging 
along a public road or sidewalk; 
d) Failure to put up or use adequate protective roofing above sidewalks or 
public roads adjacent to any construction or repair site; 
e) Illegal parking of any vehicle along a public road or parking on a sidewalk; 
f) Destroying, removing or in any manner tampering with any sign or notice 
indicating an existing hazard to pedestrian safety or any lamp or lamppost 
illuminating a public road or sidewalk;, 
g) Building or in any manner placing a connecting pipe or portion thereof on 
an elevated concrete or other connecting material across or along a 
sidewalk; and 
h) Failure to act or perform adequate action by the local government unit 
concerned respecting the abatement of any obstruction within its territorial 
jurisdiction: Provided, that any person responsible for the construction or 
presence of any obstruction as defined in this Act shall, in addition to 
having such obstruction abated summarily, be liable for damages as 
provided in this Section; Provided, further, That where the person suffering 
damages is a disabled person, the ward of exemplary or moral damages 
combined shall not be lower than Two Hundred Thousand Pesos 
(P200,000): Provided, finally, That should death result from such act or 
omission, the liability shall not be lower than three Hundred Thousand 
Pesos (P300,000). 
SEC. 8. Dissemination of Information to Public - The provisions of this Act shall 
be disseminated widely to the public by all local government units. 
SEC. 9. Amendment of Existing Laws. - the existing provisions of the Civil Code 
(R.A.No. 3596) on nuisance as well as the Local Government Code (R.A. 7160) on the 
powers of the local government units as well as any other laws are hereby deemed 
amended to the extent provided for by this Act. 
SEC. 10. Separability Clause. - Any portion or pr vision of this Act that may be 
declared unconstitutional shall not have the effect of nullifying other portions or 
provisions hereof as long as such remaining provisions can still subsist and be given 
effect. 
SEC. 11. Effectivity Clause, - This Act shall take effect fifteen (15) days after 
publication in the Official Gazette or a newspaper of general circulation. 
Approved, 
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