Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No. 1386

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
REGULATING THE USE OF SIDEWALKS FOR COMMERCIAL AND OTHER
PURPOSES

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 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 structures for commercial and advertising purposes,

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.” (Padilla, Civil Code Annotated, Vol. II, p. 59, 6th Ed., citing
Umali vs. Aquino, C. A. Rep. 339)

The ruling in Umali further 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 and obstructions on
or along those places in order to ensure a smooth flow of traffic and provide for a
safe and convenient movement of goods and people.

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

DIOSDADO |AL ARROYO GLORIAMACAPAGAL ARROYO
Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SIXTEENTH CONGRESS,
First Regular Session

House Bill No. 1386

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

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. Short Title. — This Act shall be known as the "Clear
Sidewalks Act of 2013."

SECTION 2. Declaration of Policy. — It is 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 this Act, the term:
(A)'Sidewalks" mean paved paths for pedestrians alongside streets.

(B) "Illegal structures/obstructions" mean structures which are erected on
sidewalks without the necessary permit.


(C)"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 hare intended to be sold, at any temporary location, sidewalk, alley,
vacant space or portion thereof.

(D) "Community-wide special occasions" mean community-sponsored

special occasions which shall include, but not limited to fiestas,

gatherings, ete.

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

(A) Vending or selling of foods, magazines, newspapers, cigarettes,

brooms, watches or jewelries, shoes and other footwear, and/or 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) Dumping garbage;

(F) Setting up of basketball court or goal;

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

(H) Storing softdrinks or wine or liquor bottles and cases: drinking liquor
and beverages and holding picnics or gatherings;

(I) Storing of junks and recyclable materials;

(J) Use of sidewalk for storage of construction materials for sale (pipes,
tubings, lumber, cement, and the like);

(K) House extension or stall/store extension including installation of roofs
or awnings;

(L) Installation of permanent 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 Sidewalks. - 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 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.

SECTION 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 applicants;
(B) The place where he is allowed to use and the duration of such use;
(C) The purpose of such use; and

(0) If purpose of use is for the selling of goods, the products he 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 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
Tequirements under this Act. Such revocation shall prohibit the grant of a new
permit for twelve (12) months from 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 Clause. - This Act shall take effect fifteen (15)
days after its publication in at least two (2) newspapers of general circulation.

Approved,