(NAR) VOL. 14 NOS. 1-2 / JANUARY - MARCH 2003
WHEREAS, among the measures adopted by the MMDA to promote the safety and convenience of the public is the regulation of the use of sidewalks within Metro Manila through the disposition of items confiscated and the dismantling of structures and other obstructions found thereon in order to effect the smooth movement of pedestrian traffic;
WHEREAS, there is a need to dispose the accumulated items confiscated as a result of the Metro Manila Clearing Operations of the MMDA and the LGUs which were not immediately disposed of during the operations.
NOW THEREFORE, be it resolved as it is hereby resolved, pursuant to Section 6 of Republic Act 7924, that the Council hereby prescribes the following rules and procedures for the disposition of the duly confiscated items in accordance with MMDA Resolution No. 02-28, series of 2002.
SECTION 1. Any person caught committing any of the acts prohibited under MMDA Resolution No. 02-28, series of 2002, shall be fined for ONE HUNDRED FIFTY (P150.00) PESOS, in addition to confiscation/forfeiture of the items and the dismantling of illegal structures obstructing pedestrian movement.
Such prohibited acts include but not limited to the following:
Confiscated items, for the purpose of this provision, shall include non-perishable goods, commodities, merchandise, vending paraphernalia, equipment and facilities, pedicabs, pushcarts, steel railings and the like, among others.
SECTION 2. The fines shall be paid within seven (7) days from the date of apprehension. Provided, that if after 7 days, the fines has not been paid by the owner, the confiscated item shall be disposed of in a public sale, the proceeds of which shall be applied to the fine, costs incurred in conducting public auction including other administrative expenses, and the excess, if any, shall be returned to the owner.
SECTION 3. The MMDA Auction Committee shall administer the disposal of the confiscated items through public auction, as follows:
SECTION 4. The winning bidder shall have to make a deposit equivalent to 20% of the bidded amount, and shall have to pay the balance within three (3) days from the date of the sale. Bids not perfected after three (3) days shall be cancelled and the deposit shall be forfeited in favor of the MMDA.
SECTION 5. Items sold thereat shall be taken out from the storage by the winning bidder within seven (7) days from date of auction. Failure to take out such items within the prescribed period shall render the sale null and void. The payment made by the buyer shall then be forfeited in favor of the MMDA.
SECTION 6. All MMDA issuances contrary to or inconsistent with any provision of this Resolution are hereby repealed accordingly.
SECTION 7. Effectivity Clause. This resolution shall take effect fifteen (15) days after its publication in two (2) newspaper of general circulation in Metro Manila.
Adopted: 25 Sept. 2002
(SGD.) BAYANI F. FERNANDO Chairman | |
(SGD.) BENJAMIN C. ABALOS, JR. Mayor, City of Mandaluyong | (SGD.) VERGEL A. AGUILAR Mayor, City of Las PiƱas |
(SGD.) FELICIANO R. BELMONTE, JR. Mayor, Quezon City | (SGD.) ROSENDO T. CAPCO Mayor, City of Pateros |
(SGD.) BOBBIT L. CARLOS, M.D. Mayor, Valenzuela City | (SGD.) JOSEPH VICTOR G. EJERCITO Mayor, San Juan |
(SGD.) SOLEDAD C. EUSEBIO Mayor, Pasig City | (SGD.) MA. LOURDES C. FERNANDO Mayor, Marikina City |
(SGD.) JAIME R. FRESNEDI Mayor, City of Muntinlupa | (SGD.) REYNALDO O. MALONZO Mayor, Caloocan City |
(SGD.) TOBIAS M. TIANGCO Mayor, Navotas | (SGD.) WENCESLAO B. TRINIDAD Mayor, Pasay City |
(SGD.) MARK ALLAN JAY G. YAMBAO Mayor, City of Malabon | (SGD.) JESUS C. CRUZ President Metro Manila Vice Mayors League |
(SGD.) PERPETUO F. CAMILA President Metro Manila Councilors League |