Muntinlupa LGU violates law on use of sidewalks

Final Oped Template TMT Cosme Letters to the Editor

CERTAINLY, the Muntinlupa City LGU can be more law-compliant, or better yet, be more friendly this 2024, because we believe it has a genuine concern, care and humane consideration for its constituents.

Let me tackle this subject, which may seem petty to some insensitive Filipinos, but surely, this topic has political, social and economic dimensions. We refer to obstruction to motor and wheeled vehicles and, of course, to pedestrians all over the land, from the north in Batanes to farther south in Jolo.

Roads and streets were designed and constructed for cars, trucks and all kinds of wheeled vehicles. But that is not the case. We see streets being occupied by vendors and vulcanizing and all sorts of shops. You name it, there are plenty. It is a major irritant for a lot of people and a cause of many unnecessary accidents and death to not a few people.

The sidewalks, on the other hand, are intended as walkways for expedient, safe and unobstructed passage of pedestrians. However, it has been observed that some sidewalks are being utilized not for their intended purpose.

Some LGUs, establishments and individuals use the sidewalks to erect government structures for official use. Others utilize the space for commercial and personal purposes.

There are specific laws that govern the use of roads, streets and highways and sidewalks, in particular. Section 1101 of the National Building Code, or Presidential Decree 1096, provides that no person shall use or occupy a street, alley or public sidewalk.

In the case of Umali v. Aquino, 1 CA 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 sidewalks “applies even to cases involving the use or lease of public places under permits or licenses issued by competent authority upon the theory that such holders could not take advantage of their unlawful permits and licenses and claim that the land in question is a part of a public street or a public place devoted to public use, hence, beyond the commerce of man.”

The LGU of Muntinlupa City appears to be a perfect negative example, a violator or non-law-compliant on the issue of sidewalks. Since I cannot show any photos or videos in this letter, I’ll try to describe how it is.

There’s a narrow one-lane street called Estanislao from the National Road, Muntinlupa City area leading to eight subdivisions and several sitios within Barangay Putatan. It is our access road, as well as the road used by thousands of students from the Muntinlupa High School and the Pamantasan ng Lunsod ng Muntinlupa and the general public. The entry from the National Road to the villages on the right side is the Muntinlupa Sanggunian Panlunsod Building (SP), stretching to about 100 meters from the corner.

The multi-level structure has since occupied the sidewalk, leaving no more than a foot-and-a-half wide space. Because the sidewalk is too narrow, pedestrians walk sideways to fit in the space. But due to the high density of pedestrians, most of them take the street pavement to reach home or workplaces, generating unnecessary monstrous traffic jams day in and day out in the City Hall area.

Accidents are common occurrences. As a civic leader and a TV show host and resident, I get requests from moms and dads and from people from all walks of life to make representations for them with the Muntinlupa City officials.

A hearing presided over by Councilor Raul Corro appeared to be just for show, and no resolution to comply with the National Building Code was made. With no compliance, Muntinlupa continues to violate the law with the SP Building occupying the sidewalk.

I believe that the safety and lives of Muntinlupenos are primordial over and above that of the Sanguniang Panlunsod Building. While the Muntinlupa LGU officials continue to enjoy the power and perks, the people who elected them to power are endlessly suffering from denial of a sidewalk. These officials continue to violate the law and suffer, perhaps from a great lack of humane concern.

With The Manila Times, I now wish to appeal to Mayor Ruffy Biazon, VM Temy Simundac and the rest of the Sangunian Panglunsod members to clear the SP Building portion that encroaches on the sidewalk as well as all the illegal structures and obstructions at or along Estanislao Street up to the subdivision gates and those other places in order to ensure a smooth flow of traffic and provide a safe and convenient passage for people to their respective destinations.

I repeat that sidewalks are beyond the commerce of men, and nothing will justify their use for any non-intended purpose/s.

Billy L. Andal

[email protected]