Question & AnswerQ&A (MMDA Resolution NO. 28-02)
The main purpose of MMDA Resolution No. 28-02 is to authorize the Metropolitan Manila Development Authority (MMDA) and local government units (LGUs) to clear sidewalks, streets, avenues, alleys, bridges, parks, and other public places in Metro Manila of illegal structures and obstructions to ensure smooth traffic flow and public safety.
MMDA is mandated under Republic Act No. 7924 to set policies, coordinate, and regulate the implementation of traffic management and public safety programs in Metro Manila.
Prohibited activities include vending or selling goods, shoe-shine operations, religious activities such as preaching and seeking alms, house chores like washing clothes and bathing, vehicle garages and repairs, garbage dumping, basketball courts, animal pens, storing bottles or junk materials, picnics/gatherings, storage of construction materials, house extensions or stall expansions, installation of fences, plants on sidewalks, and unauthorized signs or signboards.
All confiscated items found on public roads and sidewalks will be treated as common or ordinary garbage and disposed of accordingly. The government will not be liable for any damage arising from their removal, confiscation, or disposal.
Yes, the use of roads, streets, sidewalks, bridges, parks, and other public places on a temporary and definite basis requires a special permit from the concerned Local Government Unit and MMDA.
The Supreme Court ruling in "Umali vs. Aquino 1 C.A. Rep 339" supports that the occupation and use by private individuals of sidewalks and other public places constitutes public nuisances and nuisances per se, even if under permits issued by authorities.
Illegal structures and obstructions will be cleared by MMDA and LGUs, confiscated without prior notice, and disposed of by the government. The government shall not be held liable for any damage or loss.
The memorandum directed all Metro Manila Mayors and the PNP Director General to strictly enforce traffic laws and remove all street and sidewalk obstructions including makeshift stalls, basketball courts, and other illegal structures to ensure smooth flow of traffic.
The Metropolitan Manila Development Authority (MMDA) and the Local Government Units (LGUs) are authorized to implement clearing operations of illegal structures and obstructions on public places in Metro Manila.
Examples include vending goods like food or newspapers, conducting shoe-shine, religious preaching or soliciting alms, bathing or washing clothes, vehicle repairs, setting up basketball courts, keeping animals in pens, storing construction materials for sale, installing house extensions or awnings, and posting signs on sidewalks.