Title
Clearing Illegal Structures in Metro Manila
Law
Mmda No. 28-02
Decision Date
Jul 25, 2002
The Metropolitan Manila Development Authority is authorized to clear all illegal structures and obstructions from sidewalks, streets, and public places in Metro Manila to ensure public safety and smooth traffic flow, prohibiting any commercial use of these areas without special permits.
illegal structures
public places
local government

Legal basis and supporting mandates

  • The resolution is adopted pursuant to Section 6 of Republic Act No. 7924.
  • The resolution relies on the authority of Republic Act No. 7924, under which the MMDA is mandated to set policies, coordinate, and regulate traffic-management programs and to formulate and implement programs, policies, and procedures for public safety.
  • The resolution grounds its action on the Supreme Court doctrine in Umali vs. Aquino (1 C.A. Rep 339) that occupation and use by private individuals of sidewalks and other public places devoted to public use constitute public nuisances and nuisances per se.
  • The resolution invokes the doctrine that such use applies even when a private party claims entitlement through permits or licenses issued by competent authority.
  • The resolution cites an Office of the President memorandum dated November 6, 1992 directing Metro Manila mayors and the Director General of the Philippine National Police (PNP) to strictly enforce traffic laws and remove street and sidewalk obstructions, including “makeshift stalls, basketball courts, and other illegal structures.”

Purpose and policy goal

  • The resolution is premised on the need to address malpractices that cause underutilization or improper use of public ways by displaying and vending goods and by erecting structures for commercial and advertising purposes.
  • The resolution is adopted as an urgent measure to clear illegal structures/obstructions to ensure a smooth flow of traffic and provide safe and convenient movement of goods and persons in Metro Manila.
  • The resolution treats illegal occupation of sidewalks and other public places as inherently unlawful and injurious to public use.

Coverage of public places and targeted acts

  • The resolution authorizes removal of illegal structures and obstructions on or along sidewalks, streets, avenues, alleys, bridges, parks, and other public places in Metro Manila.
  • The resolution prohibits using streets, sidewalks, avenues, alleys, bridges, parks, and other public places in Metro Manila for commercial and personal purposes.
  • Prohibited uses include the following listed acts:
    • Vending or selling foods, magazines, newspapers, cigarettes, brooms, watches or jewelries, shoes and other footwear, and/or any other items.
    • Shoe-shine occupation.
    • “Religious” activities such as preaching and seeking alms.
    • House chores such as washing clothes, hanging clothes, and bathing.
    • Vehicle garage and/or vehicle repair.
    • Dumping garbage.
    • Setting up of basketball court/goal.
    • Using a sidewalk to install pens of animals or keep animals in chains.
    • Storing softdrinks or wine/liquor bottles and cases, drinking liquor and beverages, and holding picnics/gatherings.
    • Storing of junks and recyclable materials.
    • Using sidewalks for storage of construction materials for sale (pipes, tubings, lumber, cement, and the like).
    • House extension or stall/store extension, including installation of roofs or awnings.
    • Installation of permanent or picket fence.
    • Using sidewalks for plants, trees, and plant boxes.
    • Signs or signboards on or above sidewalks and detached from the business establishment.

Confiscation, treatment, disposal, and government liability

  • The resolution requires confiscation by the government of all terms, goods and structures found on or along roads, streets, avenues, alleys, sidewalks, bridges, parks, and other public places.
  • Confiscated items are treated as common or ordinary garbage.
  • Confiscated items are disposed of as such.
  • The resolution provides that the government shall not be held liable for any damage arising from removal, confiscation, or disposal of the confiscated items.
  • The resolution also authorizes the government, at its option, to dispose of all confiscated illegal structures, materials, and goods at dumpsites or in any manner most convenient and safe.

Temporary use and permitting authority

  • Temporary use of roads, streets, avenues, alleys, sidewalks, bridges, parks, and other public places for a temporary basis and for a definite period only requires a special permit.
  • The special permit must be secured from the concerned Local Government Unit and the MMDA.

Implementation by MMDA and LGUs

  • The resolution authorizes the MMDA and the LGUs to clear Metro Manila public places of all illegal structures and obstructions.
  • The resolution directs dissemination through providing copies to the Local Government Units of Metro Manila for implementation purposes.

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