Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
It has been observed that some city, municipal and even provincial streets, avenues, 
alleys, sidewalks, bridges, parks and other public places are not properly utilized by the road 
users and the public due to the practices of some individuals who use these areas for displaying 
and selling their goods as well as utilizing the same in erecting stmctiires for commercial and 
advertising purposes. 
In the case of Umali vs. Aquino, IC. A. Rep 339, the Supreme Court ruled that “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 same ruling states that 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.” 
It is therefore necessary to clear all illegal structures/obs~ctioiis 
on or along those places 
in order to ensure a smooth flow oftraffic and provide a safe and convenient movement of goods 
and persons. 


TI-IIRTEENTI-I CONGRESS OF THE REPUBLIC ) 
.'. 
I:' 'i c: 
[> -? :c ; 
r 3  
.!ti 
1 ", ", 
, 
OF THE PI-IILIPPINES 
1 
Thi I-d Regtilar Session 
) 
Introduced by Senator Miriam Defeiisor Santiago 
AN ACT 
REGULATING ?'HE, USE OF SIDEWALKS FOR 
COMMERCIAL AND OTHER PURPOSES 
Be it enncted by rhe Semte mid the House of Representntiw.r of the Phi1ippine.r iJ7 
Section I ,  . S h /  Tirle. ~~ This Act shall be k n o w  as the "Clear Sitlewallts Act of 2006." 
Section 2. Uecloiwfion 0fP01ic)). 
~ It shall be the policy of the State to clear sidewallts 
fmii ttnautliorized commercial or persoiial iise in order to facilitate the sinooth passage of 
persons as well as to clear all obstructions to tral'fic and vehicular flo\v. Adequate sidewalk areas 
must be maintained to allow safe pedestrian passage a i d  for the safe and convenient use of 
\~lieelcIiairs. strollers and similar insmments. 
Section 3. D<j;ni/io~? 
oj'Ternis. -As used iii this Act, the following term shall mean: 
(1) -Sidewalks" - a paved path for pedestrians alongside streets. 
(2) -Illegal struc~uresiobstructions" - structures \?ihicli are erected on sidewalks without 
the necessary permit. 
( 3 )  "Side\ualk vendor" - ally person or iiidividual who sells or vends any agricultural 
products. cooked foods and/or dry goods, items or articles. iiicliiding any person \Iho attends to 
these above-cited prod~icls which hare iiiteiided to be sold; at any temporary locatioii. sidewalk, 
alley. \:scant space or portion thereof. 


any person who attends to these above-cited pro ducts which hare intended to be 
sold, at any temporary location, sidewalk, alley, vacant space or portion thereof. 
(D)“CominLinity-wide special occasions” .- coinmunily-.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, 
parlcs and other public places for coinmercial and personal purposes shall be prohibited. Such 
prohibited acts include but not limited to the following: 
(A) Vending or selling of foods, magazines, newspapers, cigarettes, brooms, watches 
or jewelries, shoes and other footwear, andor any other items; 
(B) Conduct of shoe-shine occupation; 
(C) Doing house chores such as washing clothes, hanging clothes, and bathing; 
(D) Vehicle garage or vehicle repair; 
(E) Dunipiiig garbage; 
(17) Setting up of basketball court or goal; 
(G) Use of sidewalk to install pens of animals or keep animals in chains; 
(H)Storing sofldrinlcs or wine or liquor bottles and cases; driidcing liquor and 
beverages and holding picnics or gatherings; 
(I) Storing ofjuiilcs and recyclable materials; 
(J) Use of sidewalk for storage of construction materials for sale Cpipes, tubings, 
lumber, cement, and the like); 
(IC) House extension or stallktore extension including installation of roofs or awnings; 
(L) Installation of perinanent 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. 


SECTION 5. Grant of Permits for Temporary Use of Sdewalks. - 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 pronrotioii 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 sidewallts on which merchandise may be 
displayed and for a specific duration. 
The use of sidewalks and the displays or sale or 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. 
SECTION 6. Content of Applications for Temporary Use ofSidewalks. - 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 is allowed to use and the duration of such use; 
(C) The purpose of such use; 
(D) If purpose of use is for the selling of goods, the products lie is authorized to sell; 
SECTION 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 city govermnents shall formulate implementing rules 
and regulations for the effective iinplementation of this Act. 


SEClION 8. Penalties. - Any person who violates any of the provisions of this Act 
shall be punished by a fine o€ One Thousand Pesos (P1,OOO.OO) 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 €ram the date of 
the 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. Effectivity Clazise. - This Act shall lake effect fifteen (15) days afker its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
RCCl4-6-06