Law Summary
Legal Basis and Supreme Court Ruling
- The Supreme Court ruling in Umali vs. Aquino establishes that private occupation and use of sidewalks and other public places are public nuisances and nuisances per se.
- The ruling further asserts that even permits or licenses issued for the use of public places do not legitimize such occupation if it contravenes public use.
Observations on Public Space Utilization
- Certain city and municipal public spaces in Metro Manila are improperly utilized due to commercial vending and erecting of unauthorized structures.
- Such practices obstruct traffic flow and public convenience.
Government Directives and MMDA Mandate
- The Office of the President issued a memorandum directing strict enforcement against street and sidewalk obstructions for traffic smoothness.
- MMDA’s role includes policy setting, coordination, and implementation of traffic management programs to ensure public safety.
Prohibited Acts on Public Spaces
The following uses of streets, sidewalks, parks, and other public places are prohibited:
- Vending or selling any goods including food, magazines, cigarettes, footwear, and jewelry.
- Conducting shoe-shine occupations.
- Performing religious activities such as preaching and soliciting alms.
- Doing household chores like washing, hanging clothes, and bathing.
- Using spaces for vehicle garages or repair.
- Dumping garbage.
- Setting up basketball courts or goals.
- Installing pens or chaining animals.
- Storing beverages, drinking liquor, and holding picnics or gatherings.
- Storing junk or recyclable materials.
- Using sidewalks for construction material storage for sale.
- Extending houses or stalls, including installing roofs or awnings.
- Installing permanent or picket fences.
- Using sidewalks for plants, trees, or plant boxes.
- Installing signs or signboards detached from business establishments.
Confiscation and Disposal of Illegal Items
- All illegal items, goods, and structures found in public spaces shall be confiscated without prior notice.
- Confiscated materials will be treated as common garbage and disposed of accordingly.
- The government shall not be liable for any damage arising from removal or disposal.
Permits for Temporary Use
- Temporary and definite period use of public roads and spaces requires special permits from the concerned LGU and the MMDA.
Government Rights on Disposal
- The government reserves the right to dispose of illegal structures and goods in the manner deemed most convenient and safe, including dumping in authorized sites.
Implementation and Effectivity
- Copies of this resolution are to be furnished to all LGUs in Metro Manila.
- The resolution took effect immediately upon approval on July 25, 2002.