An Act Regulating the Use of Sidewalks for Commercial Purposes

"Clear Sidewalks Act of 2009."

By Senator Miriam Defensor Santiago

(Sponsorship Speech on 27 May 2009)

Mr. President, distinguished colleagues:

“A good city is one with great sidewalks.” This is how Mr. Enrique Peñalosa, former Mayor of Bogota, Colombia, differentiates an advanced city from a backward one. Mr. Peñalosa was credited for turning a deteriorated downtown avenue into a dynamic pedestrian public space. He is now the senior international advisor to the Institute for Transportation and Development Policy of New York. He adds that “In a good city, you must be able to walk to buy milk or bread. If you have to get into a car to buy milk or bread it means the city is not well-designed.”

In our country, sidewalks are occupied by vendors and used as illegal transport terminals. Sidewalks are also blocked by illegal structures such as basketball courts, extensions of business establishments, and of all things, barangay halls. Hence, pedestrians resort to walking on the road. This results to traffic congestions, and worse, accidents.

The Supreme Court has declared in several cases including the 1992 case of Dacanay v. Mayor Asistio Jr. (208 SCRA 404), 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 few should not prevail over the good of the greater number in the community whose health, peace, safety, good order and general welfare, the city officials are under legal obligation to protect.

Main Features of the Bill

The objective of S.B. No. 1757 or the “Clear Sidewalks Act of 2009”, is to ensure that sidewalks are free from unauthorized commercial or personal use to facilitate the smooth passage of persons and to clear obstructions to vehicular flow.

It defines prohibited acts and sets 2 exceptions along with the procedure for applying for these exceptions. It sets a penalty of either a fine of P1,000.00 or imprisonment for not more than 30 days or both for a violation of its provisions.

Obligations Under the Bill

A. On the part of the government

The municipal or city government is responsible for the implementation of the provisions of this bill. They shall formulate implementing rules and regulations within 30 days from the approval of this bill. Today, it is known that in some local governments, especially in the urban areas, the use of sidewalks for commercial purposes has the inherent blessings of municipal/city or barangay officials. Some collect vendors’ fees, others designate the sidewalk areas as leasable areas for parking and selling of merchandise. The fees are either shared by the municipal or city government or it entirely goes to the barangay where the sidewalk areas are located.

The effectiveness of implementation would therefore hinge on the local governments’ political will and the consequent sanctions they stand to receive for their failure to implement the law.

B. On the part of the citizens

The bill prohibits the use of streets, sidewalks, avenues, alleys, bridges, parks and other public places for commercial or personal use. The bill requires citizens to apply for the temporary use of sidewalks for either community wide special occasions or sales promotion days or civic or charitable purposes.

Benefits of the Bill to the Country

Walkable streets and pedestrian cities is the core concept of livable communities. By clearing our sidewalks, we not only reduce traffic congestion and accidents, we also save ourselves from inflating transportation costs since walking is still the cheapest form of going from one point to another. People can also enjoy healthier lives as they get a regular dose of exercise.

For these reasons, I humbly recommend that this Senate should approve Senate Bill No. 1757.