Press Release
February 10, 2009

CHIZ SAYS MMDA HAS NO POWER TO CLEAR SIDEWALK VENDORS

Senator Chiz Escudero on Tuesday said the Metropolitan Manila Development Authority (MMDA) has neither police nor legislative power that authorizes them to confiscate much less destroy properties of sidewalk vendors.

"No less than our Supreme Court has ruled that the MMDA is purely an administrative agency and is not equipped with police power. As such, it has no authority to confiscate or destroy properties taken from vendors," Escudero said during the hearing of the Senate Committee on Justice and Human Rights on the alleged abuses of the MMDA in clearing sidewalks all over Metro Manila.

The senator, who is chair of the committee, added that strictly speaking, MMDA does not even have the authority to clear sidewalks, as "such cleaning implies regulation and consequently the exercise of police power."

"The MMDA has nothing in its enabling law, RA 7924, that empowers it to enact ordinances, approve resolutions and appropriate funds for the general welfare. This is the essence of police power, and MMDA has no such authority," Escudero explained.

He also said that although the MMDA may argue that it is empowered by local ordinances to clear sidewalks, the confiscation and the destruction of properties are still illegal and may even be criminal.

"Taking here is done by force and without basis. And even assuming that the properties being confiscated are deemed illegal, the taking should undergo due process for the owners' right to their property should not be denied. This is a fundamental right under the Constitution," Escudero said.

During the hearing, the senator questioned MMDA's basis for their clearing operations. He asked them for an exhaustive list of laws, regulations and court actions that will justify its sidewalk clearing operations.

He also assailed the lack of system of the MMDA in compensating the complaining vendors for the destruction of their confiscated goods after discovering that it does not even keep an inventory of items taken from vendors.

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