Republic of the Philippines
House Or REepRESENTATIVES
Quezon City, Metro Manila
Sixteenth Congress
Second Regular Session

HOUSE BILL NO. 5943

Introduced by Honorable Evelina G. Escudero

EXPLANATORY NOTE

‘This bill secks to penalize the use of public roads and sidewalks for
commercial and personal purposes.

In the 1992 case of Dacanay v. Mayor Asistio, Jr, (208 SCRA 404),
among other cases, the Supreme Court of the Philippines declared that:

“A public street is property for public use hence outside the
commerce of man, The right of the public to use the city streets
may not be bargained away through contract. The interests of a
Sew should not prevail over the good of the greater number in the
community where health, peace, safety, good order and general
welfare, the city officials are under legal obligation to protect.”

The Civil Code of the Philippines provides in part, that “anything which
obstructs or interferes with the free passage of any public highway or street is a
nuisance, and is subject to abatement, without judicial proceedings.” It also
states that “any person who obstructs or interferes with the free passage of any
public street is liable for damages in addition to having such obstruction
summarily abated.”

It has been observed that in cities, municipalities and barangays, the
roads, sidewalks and alleys are still not properly utilized. Sidewalks are
occupied by vendors and used as illegal transport terminals while roads and
alleys are blocked by illegal structures such as basketball courts or business
stalls. Hence, pedestrians are forced to walk on the road which causes traffic
congestion. Motorists slow down to avoid accidents.

Bill Drafting Service


Under the proposed measure, imprisonment or fines or both are penalties
imposed upon any person who obstructs or uses public roads and sidewalks for
commercial and personal purposes. Also, barangay chairpersons or mayors who
fail or neglect to implement the prohibition against the use of the public roads
and sidewalks for commercial and personal purposes, or to remove any
obstruction within their territorial jurisdiction, may be administratively charged
under the provisions of the Local Government Code. The barangay
chairpersons or the mayors may also be made to pay the fine,

Our communities deserve safe, convenient and serviceable public streets.
Itis therefore necessary to impose penalties for obstructing the public roads and
sidewalks to ensure public service to everyone.

In view of the foregoing, approval of this bill is highly recommended

EVELINA G. ESCUDERO


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Republic of the Philippines
Houst Or REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
Second Regular Session

HOUSE BILLNO.__5943

Introduced by Honorable Evelina G. Escudero

AN ACT
PENALIZING THE USE OF PUBLIC ROADS AND SIDEWALKS FOR
COMMERCIAL AND PERSONAL PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. — This Act shall be known as the “Use of
Roads and Sidewalks Act.”

SEC. 2. Prohibited Act. — The use of public roads and sidewalks for
commercial and personal purposes which constitute obstruction shall be
penalized.

For purposes of this Act, obstruction refers to 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 but does not include structures erected or installed by the government
for the purpose of regulating the flow of traffic.

A person who sells goods and commodities along public road and

sidewalk is also considered an obstruction.

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SEC. 3. Exceptions. — The mayor or the barangay chairperson may grant
an applicant permit for the temporary and limited use of roads and sidewalks
during any of the following occasions:

a) Special occasions in the locality such as fiestas and other similar
gatherings; and

b) Sale promotion days and activities for civic or charitable purposes.

The mayor or the barangay chairperson shall issue an order or
memorandum clearly specifying the duration of the use and the portions of the
sidewalk or public road that may be utilized or affected by the activity or
occasion.

The mayor or the barangay chairperson must give a three day advance
notice to the public that a particular road or portion of a sidewalk will be closed.
A representative of the mayor or the barangay chairperson must be present
during the activity to ensure that the activity is conducted in an orderly manner
and that cleanliness and proper safety measures are observed.

SEC. 4. Penalties. — Any person who violates the provisions under
Section 2 of this Act shall suffer the penalty of imprisonment of not less than
six (6) months but not more than one (1) year or a fine of not less than Fifty
thousand pesos (P50,000.00) but not more than One hundred thousand pesos

(P100,000.00), or both.


The guilty persons shall also be held liable for damages as provided
under the Civil Code of the Philippines, and the obstructing structures shall be
removed, destroyed or disposed of at the expense of the guilty persons.

The mayor, barangay chairperson or any designated local public official
who neglects or fails to enforce the provisions of this Act shall be
administratively liable under the Local Government Code, and shall suffer the
penalty of a fine of not less than Fifty thousand pesos (P50,000.00) but not
more than one hundred thousand pesos (P100,000.00).

SEC. 5. Implementing Rules and Regulations. ~ Within thirty (30) days
from the approval of this Act, the Secretary of the Interior and Local
Government shall issue the necessary rules and regulations for the effective
implementation of this Act.

SEC. 6. Repealing Clause. — All laws, decrees, executive orders or parts
thereof inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

SEC. 7. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,