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THIRTEENTH CONGRESS OF THE 
First Regular Session 
REPUBLIC OF THE PHILIPPINES 
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S. No. 
77 
INTRODUCED BY HON. MANUEL €3. VILLAR, JR. 
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 goveniments. 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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THIRTEENTH CONGRESS OF THE \ 
L I 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. 
7 
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
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 
assein bled: 
SECTION 1. Short Title - This law shall be known as the “Pedestrian Safety Law.” 
SEC. 2. Purposes - This Act has the following purposes: 
a) To make all public roads and sidewallts 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 suininary 
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 Teiins - Unless the context clearly indicates another meaning, the 
following tenns 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 (DPWH): Provided, That for public 
roads 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 the 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 uiiit concerned, in an amount to thrice the estimated value, if any, of the structure but 
in no case not less than three thousand Pesos (P3,000), 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 suininarily abate ant specified obstruction within its territorial jurisdiction: 
Provided, That such person has previously asked, in writing, the chief executive of the local 
goveiiiinent 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 
followiiig 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; 
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; 


Failure to put up or use adequate protective roofing above sidewalks or public 
roads adjacent to any construction or repair site; 
Illegal parking of any vehicle along a public road or parking on a sidewalk; 
Destroying, removiiig 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; 
Building or in any maimer placing a connecting pipe or portion thereof on an 
elevated concrete or other connecting material across or along a sidewalk; and 
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 suininarily, be liable for damages as provided in this Section; Provided, 
fhrther, 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,OOO): Provided, finally, That should death result from such 
act or omission, the liability shall not be lower than three Hundred Thousand Pesos 
(P300,OOO). 
8. Dissemination of Information to Public - The provisions of this Act shall be 
disseiiiinated 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,