Cebu City Legal Office asked: Clarify sanctions on ambulant vendors

Side walk vendors in Cebu City | CDN Digital File Photo

CEBU CITY, Philippines — Ambulant vendors in Cebu City are working hard to earn a living, so if they violate an ordinance, they must be treated with sympathy.

This was what Cebu City Councilor Pastor “Jun” Alcover emphasized in his privilege speech during the City Council’s regular session on Wednesday.

Alcover said that last May 29 the Council conducted an executive session “relating to the allegations of unprofessional apprehensions” against the ambulant vendors in Cebu City.

During that session, the Council was able to identify the appropriate conditions and regulations concerning the ambulant vendors in the city which were City Ordinance 2386 or ‘Garbo Asenso Sumbanan Alyansa Orgasa (Gasa)’ and City Ordinance 801 or the Cebu City Traffic Code.

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The Cebu City Traffic Code provided the “regulation of traffic within the streets and sidewalks of the City of Cebu with the aim of promoting a safe, orderly and smooth flow of vehicular and pedestrian traffic at all times.”

But on Monday, August 5, a group of ambulant vendors near a mall in Barangay Mabolo along Kaohsiung Street approached him.

Alcover said some of them cried when they came to his office to air their concerns which included the confiscation of the items they were selling and other things used for their business like chairs and tables.

“Luoy kaayo paminawon nga muhong-hong sila nimo nga unsa may ipamalit namo og among panginahanglanon sa among mga anak nga abli na unta sa klase,” Alcover said.

(It is so sad to hear them whisper to youo that what will we buy for the needs of our children since it is the opening of classes.)

He said the sidewalk in that area was not busy since there were no business activities there.

Meanwhile, he also recalled another incident near Cebu City Medical Center (CCMC) involving a person with disability (PWD). The items sold by this PWD were also confiscated.

“Wa ka babag (the PWD) sa traffic kay dose pa ka lakang gikan sa dan padung sa iyang gitindahan, nga suok siya pag-ayo,” he said.

(He (PWD) was not obstructing the traffic because it would take 12 steps from the road to where he was selling his goods that are already in a secluded area.)

‘Humane’ approach

Alcover said the ambulant vendors also said that there was an “unfair” treatment because there were some who were selling on the sidewalks and did not experience any confiscation.

“Tuod man, ako lang klaruhon nga og adunay kalapasan sa balaod ug mga regulasyon sa atong ambulant vendors, dili ko magpanuko nga mudapig sa pag-implementa sa hustong silot niining subay sa balaod,” Alcover said.

(Just to make it clear, if there is a violation of the law and regulations from our ambulant vendors, I would not hesitate to back the implementation of the proper punishment for that violation according to the law.)

He said that he believed the “power and principle of the rule of law as one of the basic foundations of modern society” but when the city would implement a law, the “humane” approach must be applied.

Alcover said the vendors must be treated with “tenderness, compassion, and sympathy” because they were earning for a living.

“Since you are talking about the rule of law, unsa man diay probisyon sa atong mga ordinansa kon adunay kalapasan (of the ordinance’s provisions from) ang usa ka ambulant vendor?” Alcover questioned.

(Since you are talking about the rule of law, what are the provisions of our ordinance if there are violations (of the ordinance’s provisions) from one ambulant vendor?)

Though the City’s existing ordinances would allow the outright confiscation of the ambulant vending implements whenever they violated a City Ordinance, a resource person in May 29’s executive session said that traffic enforcers have the right to go after the ambulant vendors as per Section 6, Article 13 of the City Ordinance 801.

“Unsa may silot kung mulapas ka sa Section 6 Article 13 of City Ordinance 801? Niingon ba ang maong ordinansa nga kinahanglan kumpiskahon diretso ang mga paninda ug mga kabtangan labot niini?” Alcover asked.

(What is the punishment if you violate Section 6 Article 13 of the City Ordinance 801? Did it say in the ordinance that you need to immediately confiscate the goods and the things involving these?)

Citing Section 22, Article 25 of the Cebu City Traffic Code, Alcover said if the ambulant vendors would go beyond the ordinance’s provisions, they would only be given citations .

Alcover added that as for the Probe team, they were only tasked to have coordination in the implementation of the existing ordinances and laws related to ambulant vendors.

In his privilege speech, Alcover wanted the Council to seek the appropriate action or consequence for the ambulant vendors when they violated ordinances.

He also questioned if the confiscation was necessary and if the citation tickets were not enough as a sanction in line with the ordinances.

“This is part of social justice towards our ambulant vendors. Why would we confiscate their building instruments when the ordinance only states issuance of citation?,” Alcover said.

With this, he requested the Cebu City Legal Office to clarify the appropriate sanctions on violating Section 6, Article 13 of the Cebu City Traffic Code and other related ordinances.

He also requested the same office to furnish the results and recommendations to the aforesaid inquiry within 30 calendar days from the approval of the legislative intervention.

Adding to that, Councilor Rey Gealon requested Probe to submit a verified explanation why some vendors beside the Basilica were evicted while the rest remained.