Bayani won’t budge on sidewalk clearing

Metropolitan Manila Development Authority (MMDA) Chairman Bayani Fernando said yesterday he will not let the efforts of the agency in clearing Metro Manila’s sidewalks of illegal vendors.

The MMDA is set to file a temporary restraining order (TRO) against the Parañaque City Council, which has allowed the vendors to sell on Redemptorist Road in Baclaran from October to January in a city ordinance.

Fernando also said he received a written request from Pasay City Mayor Wenceslao "Pewee" Trinidad to allow vendors to use the streets during the coming holiday season.

"Hindi ako puede pumayag (to let sidewalk vendors return to the streets)," Fernando said.

The MMDA’s case against Parañaque banks on a Supreme Court decision which said that streets are beyond the commerce of man.

Fernando said in the case of Parañaque, it could hold its fairs for the vendors inside the church or schoolgrounds.

Fernando was also confident that this latest imbroglio with Parañaque, whose Mayor Joey Marquez has openly taken up the cudgels for the vendors, will not shake up his relationship with Metro Manila’s local chief executives.

"I would say our only disagreement could be the interpretation of the law," Fernando said.

Meanwhile, the city government of Parañaque said yesterday that it would welcome any "legal tactics" that the MMDA would take in connection with the reopening of a Baclaran road to vendors.

Marquez told The STAR that the city government "will meet them (MMDA) in court, with their heads up, knowing our laws."

"At least now, we have the proper court to decide on the legality of our project," said Marquez.

The city council has sponsored an agro-industrial project, which is set up along Redemptorist Road annually from October to January.

The MMDA has vehemently opposed the project, saying it would ruin their efforts to fix the traffic flow in the area.

Marquez has constantly reminded the MMDA to review its limitations. He said the agency "does not have any legislative power."

The mayor said the MMDA has been basing its rules in an obsolete law, referring to the Supreme Court ruling in 1986 that exclusively grants to motorists the right to use national and city roads.

Marquez said that law is superseded by the 1991 Local Government Code, which gives the local government the sole authority to open or close national or city roads in events such as rallies, feasts and fairs.