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

HOUSE OF REPRESENTATIVES

House Bill No. 1638

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 Filipinos.

Tn Padilla, Civil Code Annotated, Vol. II, p. 59, 6th Ed., citing Umali vs. Aquino, IC. A. Rep.
339, it is stated 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 State to ensure
this. This bill seeks to take away all sorts of structures that are considered illegal and
obstructive in order to guarantee the safety and convenience of the people.

In view of the foregoing, immediate passage of this bill is earnestly sought.

istrict of Tarlac


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

HOUSE OF REPRESENTATIVES

1638

House Bill No..

Introduced by Representative Susan A. Yap

Seowru ausen—

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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. Shor Title - This Act shall be known as the “Clear Sidewalks Act of 2013”,

SECTION 2. Declaration of Policy. - Ivis 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 thi

Act, the term:

(@) “Sidewalks” mean paved paths for pedestrians alongside stre

(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 occasions” mean community-sponsored special occasions
which shall include, but not limited to fiestas, gatherings, etc.

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:

(@) Vending or selling of foods, magazines, newspapers, cigarettes, brooms, watches or
jewelries, shoes and other foorwear, 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 court or goal;

(@) Use of sidewalk to install pens of animals or keep animals in chains;

(h) Storing soft drinks or wine or liquor bottles and cases; drinking liquor and beverages
and holding picnics or gatherings;

@ Storing of junk and recyclable matexials;

@)_ 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;


Cou dsHEone

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(Installation of permanent or picket fence;

(in) Use of sidewalks for plants, trees and plant boxes; and

(a) Signs or signboards on or above sidewalks and detached from the business
establishment.

SECTION 5. Grant of Permits for Temporary Use of Sidewalk. - The authorities shall have the
power fo grant permits to applicants for the temporary use of sidewalks under the following
occasions:

(@) 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 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 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.

ION 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

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

SECTION 7. Implementing Agency. - The municipal of 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 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 be
punished by a fine of One Thousand Pesos (P1,000.00) which shall accrue to the Municipal
or City Treasury, or 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.

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. Effetiity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,