Sidewalks are beyond the commerce of men

Sidewalks are beyond the commerce of men | Daily Tribune

Ignorance or simple disregard of the law could be the rationale behind the national issue of sidewalk use. As we all know, the building of new road networks and upgrading or maintaining existing ones aren’t keeping up with the increase in the density of the population, vehicles, and businesses.

Certainly, this topic has politico-social and economic dimensions. We refer to obstructions to pedestrians and wheeled vehicles all over the land, I say, from Batanes in the north to farther down in Jolo in the south.

Sidewalks are designed for humans, while roads are for cars and all kinds of wheeled vehicles. Sidewalks are intended for the expedient, safe, and unobstructed passage of pedestrians.

Considered public property or for the common use of all, no one can claim ownership or exclusivity of use; that’s why putting up any structure or obstruction on sidewalks is illegal.

But that’s not the case. Sidewalks and streets are occupied by vendors and shops, and even LGUs, commercial establishments, and individuals erect structures for official and commercial purposes. Hence, the MMDA has chronically cleared sidewalks. Sad, but it’s a major irritant that causes traffic jams, avoidable accidents, and even deaths.

The Muntinlupa City government is one example. We hope the photos will show our readers what it is like.

A narrow one-lane street called Estanislao from the national road leads to eight subdivisions and several sitios within Barangay Putatan. It is the general access road for thousands of city university students and the general public. On the right side of the national highway leading to the communities is the two-level Muntinlupa Sangguniang Panlalawigan building, stretching 100 meters from the corner. It encroaches on the sidewalk, leaving a space no more than a foot and a half wide. Pedestrians must walk sideways to fit in the space. Most are forced to walk on the street, causing traffic jams and accidents.

The National Building Code, or PD 1096 Section 1101, states: “No person shall use or occupy a street, alley or public sidewalk.” In Umali v. Aquino (1 C. A. Rep 339), the Supreme Court ruled that “the occupation and use by government or private individuals of sidewalks and other public places devoted to public use constitute both public nuisances and nuisances per se.” The same ruling states “that the use of the sidewalk…. is part of a public street or a public place devoted to public use, hence, beyond the commerce of man.”

As a Tribune opinion writer and TV host, I received requests from moms and dads and people from all walks of life to connect them with city officials. An SP hearing presided over by Councilor Raul Corro has not produced anything that complies with the National Building Code yet.

The Bridge believes the lives and safety of Muntinlupeños are primordial over and above the comforts of anyone else. The good Mayor Ruffy Biazon didn’t construct the misplaced structure, but his predecessors did.

The Bridge knows that Mayor Biazon, with his high degree of humane character, supported by Vice Mayor Artemio Simundac, the SP Council, and DILG Secretary Benhur Abalos, upon reading this appeal, will spare no effort to clear the structure from the sidewalk. Better yet, all the obstructions on the entire stretch of Estanislao Street.

I have no doubts about you, Mayor Ruffy.

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