QuestionsQuestions (MMDA Resolution NO. 28-02)
It is anchored on Section 6 of Republic Act No. 7924, which authorizes the Metro Manila Development Authority (MMDA) and related bodies to coordinate and regulate programs and projects concerning traffic management and related public safety functions.
The resolution cites Umali vs. Aquino, where the Supreme Court held that occupying and using sidewalks or other public places devoted to public use constitutes both a public nuisance and a nuisance per se.
Yes. The resolution states that even permits or licenses do not legitimize unlawful occupation of sidewalks/public places devoted to public use, because holders cannot take advantage of unlawful permits to claim the area is beyond the commerce of man.
It addresses the improper use of public places due to alleged malpractices, such as unauthorized vending, erection of structures, and other obstructions that prevent proper utilization by the public and disrupt traffic flow.
The resolution authorizes the MMDA and local government units (LGUs) to clear Metro Manila sidewalks, streets, avenues, alleys, bridges, parks, and other public places of all illegal structures and obstructions.
It prohibits the use of streets, sidewalks, avenues, alleys, bridges, parks, and other public places for commercial and personal purposes.
It lists prohibited acts such as vending/selling of items, shoe-shining occupations, conducting religious activities for preaching and seeking alms, house chores like washing clothes/hanging clothes/bathing, setting up basketball courts/goals, and dumping garbage, among others.
It provides that all terms, goods, and structures found on or along roads and public places shall be confiscated by the government without prior notice and treated as common or ordinary garbage for disposal.
It states that the government shall not be held liable for any damage arising from the removal, confiscation, or disposal of the items.
The resolution declares no government liability for damage arising from removal/confiscation/disposal and explicitly authorizes confiscation without prior notice.
Any temporary use for a definite period requires a special permit from the concerned LGU and MMDA.
The resolution specifically mentions vending/selling (foods, newspapers, cigarettes, brooms, watches/jewelries, shoes/footwear, and other items), storage of softdrinks/wine/liquor bottles, drinking liquor and beverages and holding picnics/gatherings, and installation of signs or signboards on or above sidewalks detached from the business establishment.
It prohibits house extension/stall extension including installation of roofs or awnings, installation of permanent or picket fences, and use of sidewalks for plants, trees, and plant boxes.
It prohibits use of sidewalks for storage of construction materials for sale, such as pipes, tubings, lumber, cement, and the like.
It states the government reserves the option to dispose all confiscated illegal structures, materials, and goods at dumpsites or in any manner most convenient and safe.