Council seeks clarification on sanctions for vendors

CEBU, Philippines — The Cebu City Council has sought clarification from the City Legal Office (CLO) on the appropriate sanctions for the violations of ambulant vendors following reports of "unprofessional" apprehensions around the city.

Councilor Pastor "Jun" Alcover during his privilege speech in the regular City Council session last Wednesday, August 7, 2024, cited more complaints from vendors who reportedly had their goods confiscated.

From his resolving clauses, the City Council passed a resolution requesting the CLO to clarify the appropriate sanctions for the violation of City Ordinances relative to the ambulant vendors.

Another resolution was also approved requesting the CLO to provide the city council the result of the said inquiry for 30 days for a possible legislative intervention.

In the same session, Councilor Rey Gealon also raised a corollary motion requesting the Prevention, Restoration, Order, Beautification and Enhancement (PROBE), for a verified explanation on the eviction of some vendors outside the Basilica Minore del Santo Niño while others accordingly remained.

The motion was approved by the Council, which requires the said office to submit their explanation within five days.

Last May 29, 2024, the Cebu City Council conducted an executive session on the alleged “unprofessional” apprehension against the ambulant vendors.

In the same discussion, the guidelines and regulations to handle the ambulant vendors were discussed under the provisions of City Ordinance 2326 also known as Garbo Asenso Sumbanan Alyansa (GASA), and City Ordinance 801 or the Cebu City Traffic Code.

But Alcover said last Monday, August 5, 2024, another group of ambulant vendors from Barangay Mabolo came forward alleging that their goods had been confiscated.

“Luoy kaayo paminawon nga muhunghunog sila nimo og muingon ‘unsa may ipamalit namo og among pangihanglanon sa among anak nga abri naman sa klase,'" said Alcover.

He added that the vendors’ plight is the confiscation of their goods and other materials they use to sell, like their tables and chairs, among others.

Alcover said that the area where the vendors sold their goods was located in front of a mall in Mabolo, Cebu City, along Kaohsiung Street, adjacent to a construction site.

According to Alcover, the vendors were occupying a sidewalk that was not utilized yet since the building beside is still under construction.

"Pero dunay mga trabahante nga ang magkan-anan that's why kining mga tindera, naghimo sab og gagmayng panginabuhi," he said.

Apart from this, Alcover said that a Person with Disabilities (PWD) selling goods in a makeshift store around the Cebu City Medical Center (CCMC) also faced the same confiscation. He added that the PWD was not causing any traffic obstruction saying that his store was still 12 steps away from the roadway.

Alcover lamented of the unfair treatment to these vendors, citing that a food chain or an establishment that has long been standing on a sidewalk hasn't been facing threats of relocation.

On the other hand, he clarified that should these ambulant vendors violate any regulations, he will not oppose the implementation of its rightful penalty.

"Pero sa pag implementar sab nato atong sad tan-awon ang humane nga pag implemetar, treatment nato sa atong mga vendors. We have to treat them with tenderness, compassion, and empathy kay nanginabuhi man na sila, wa man na sila nangawat," said Alcover.

As such, Alcover sought clarification on the provision of the city ordinances should a violation be committed by an ambulant vendor and if the city ordinances allow the confiscations of items from the vendors.

Circling back to the May 29 executive session, Alcover echoed that one of the resource speakers said that a traffic enforcer has the right to apprehend ambulant vendors under Section 6, Article 13 of the City Ordinance 801 or the City Traffic Code.

"Apan ang akong dugang pangutana mao kini, unsa may silot kung mulapas ka sa section 6 , Article 13 of the City Ordinance 801? Niingon ba ang maong ordinansa nga kinahanglan kumpiskahon diretso ang mga paninda ug mga kabtangan labot niini," said Alcover.

He further pointed out that Section 2, Article 25 of the City Traffic Code stipulates that should a violation be committed, it only requires a summon or citation ticket.

"Why would we confiscate their vending instruments when the ordinance only state the issuance of citation? So mao nay pangutana nga dili pa kaayo nako maklaro sa mga nagreklamo," he said.

In an executive order for PROBE, he said it only requires coordination to implement the existing ordinances and laws relative to the ambulant vendors.

In a report of the Cebu City Information office last April 24, 2024, Maria Pino, head of GASA reminded registered street vendors that they should take care of the areas where they are allowed to sell.

She said sidewalk vendors are not allowed to sell on the street to not obstruct traffic. Pino advised street vendors to also give way to pedestrians.

As to ambulant or loose vendors, Pino urged them to organize themselves and seek GASA’s assistance to be regulated. She said that the city’s loose vendors have reached around 10,000 and that GASA continues to coordinate with all of them. (CEBU NEWS)