Mayor’s Power to Remove Street Vendors Around Churches Under the Philippine Local Government Code

Snapshot

Source of authority: Local Government Code of 1991 (LGC, R.A. 7160), especially the general welfare clause and the mayor’s executive and enforcement powers.
What the mayor may do: Regulate, restrict, relocate, or remove vendors from public places (streets, sidewalks, plazas) for public order, health, safety, traffic, and accessibility—if grounded on an ordinance and with due process, except in narrow cases of nuisance per se/obstruction where summary abatement is allowed.
What the mayor may not do: Legislate by executive order, discriminate, or intrude into private church property absent violation of law or court order; cancel permits without notice and hearing (unless a summary abatement scenario); or impose unreasonable, arbitrary, or oppressive measures.
Constitutional guardrails: Due process & equal protection, property rights, freedom of religion and of assembly balanced against the State’s police power.

Legal Foundations

1) General Welfare Clause (LGC, Sec. 16)

LGUs may exercise powers necessary and incidental to promote the general welfare—health, safety, peace and order, convenience, and the maintenance of ecological balance. This is the police-power wellspring that supports regulating street vending near churches when public interests (crowd safety during Mass/processions, traffic, sanitation, accessibility for PWDs, fire and emergency access) are implicated.

2) Executive Powers of the Mayor (LGC, Secs. 444 for municipalities; 455 for cities)

The mayor shall:

Enforce all laws and ordinances;
Maintain peace and order and protect life, liberty, and property;
Issue and revoke permits and licenses in accordance with ordinances;
Adopt measures to safeguard public health and safety;
Call upon law enforcement and city/municipal departments to implement clearing and regulation actions.

3) Legislative Bedrock: Local Ordinances (Sangguniang Panlungsod/Bayan)

Regulation of vending and use of streets/sidewalks must generally be by ordinance, not merely by executive order. Typical ordinance contents:

Definitions (street vending, itinerant/ambulant vendors, church vicinity, “no-vending” radius);
Zoning of vending areas; no-vending zones (e.g., near churches, hospitals, schools);
Permits and fees, stall allocation, time windows;
Health and sanitation rules;
Traffic and sidewalk clearance standards (minimum clear widths, curb ramps, fire lanes);
Enforcement & penalties, including abatement of obstructions;
Relocation/support measures for displaced vendors (social amelioration, alternative sites, night markets).

4) Nature of Streets and Sidewalks

Under the Civil Code, public streets and plazas are property for public use. Private vending that obstructs or appropriates public space may be regulated or prohibited in the public’s interest. The LGU’s duty includes keeping rights-of-way passable and safe.

5) Business Permits and Summary Abatement

Permits/Licenses: The mayor may deny, suspend, or revoke a business permit for cause and in the manner provided by ordinance, with notice and hearing.
Nuisance per se / Obstruction: Where a vendor’s structure or activity is a nuisance per se (inherently harmful or unlawful) or a clear obstruction of a public road/sidewalk, summary removal (without prior hearing) is typically allowed—but limited to what is necessary to abate the obstruction. Documentation and proportionality are crucial.

Special Considerations Around Churches

1) Public vs. Private Space

On public property (sidewalks/streets fronting a church): The mayor may regulate or clear vendors based on duly enacted ordinances, traffic codes, sanitation rules, and safety standards.
Inside church grounds (private property): The LGU cannot unilaterally eject vendors unless there’s a violation of general laws (e.g., fire safety, building code, criminal trespass) or a court order. Cooperation with the church or complaint by the owner is often the proper route.

2) Religious Activities and Crowd Safety

During Masses, feasts, novenas, and processions, the LGU has strong police-power reasons to manage perimeters for crowd control, emergency access, and sanitation. Short-term no-vending windows or temporary closures tied to scheduled religious events are valid if reasonable, content-neutral, and uniformly applied.

3) Rights of Religion and Assembly vs. Police Power

Free exercise and worship are protected, but neutral, generally applicable public-safety regulations prevail if reasonable.
Street vendors’ livelihood is recognized, but not an absolute right to occupy public space; measures must remain proportionate and non-oppressive, with alternatives where feasible.

Due Process, Equality, and Proportionality

1) When Due Process Is Required

Permit actions (denial/suspension/revocation) and confiscations generally require notice and hearing under the ordinance.
Summary actions are restricted to clear nuisance per se or immediate hazards (e.g., blocking a fire lane). Even then, provide post-action receipts, inventory, and avenues for retrieval/appeal.

2) Equal Protection and Non-Discrimination

Rules must be applied uniformly—no selective enforcement against specific vendors, religious groups, or feast participants. Classifications (e.g., no-vending radius around all churches and all schools/hospitals) are typically valid if reasonable and germane to public interests.

3) Reasonableness Tests (Police Power)

Courts generally look for:

Lawful purpose (health/safety/peace & order/traffic);
Reasonable means (not unduly oppressive; least restrictive among effective options);
Germaneness (measures address the identified harm);
Adequate standards (clear, non-vague ordinance criteria).

Enforcement Toolkit (What the Mayor Can Lawfully Do)

Issue Executive Orders to implement an existing ordinance: designate task forces, schedules, and implementing guidelines (cannot create new prohibitions absent an ordinance).
Road/Sidewalk Clearing of unlawful stalls, tables, pushcarts, tarpaulins, and encroachments that obstruct; document as obstruction abatement.
Event-Based Controls: Temporary no-vending perimeters and time-bound rerouting during processions or high-density services.
Permitting:
- Require vending permits (fixed or itinerant) compliant with health and sanitation rules;
- Suspend/revoke permits for violations after due process;
- Deny permits within no-vending zones set by ordinance.
Designate Alternative Sites: Night markets, weekend tiangges, church-adjacent but off-sidewalk vendor bays that keep minimum clear sidewalks and curb ramps unobstructed.
Confiscation/Removal: As a last resort or for summary abatement, seize contraband/obstructions with inventory, receipts, and retrieval procedures per ordinance.

Limits on the Mayor’s Authority

No ordinance, no prohibition: A mayoral directive alone cannot criminalize or newly prohibit lawful vending in public spaces; it must rest on an ordinance or general law.
Private church property: LGU action is limited unless there’s a violation of general law or court process.
Overbreadth/Vagueness: “Anywhere near churches” without a defined radius or criteria is vulnerable.
Arbitrary targeting: Singling out vendors near a particular church while allowing comparable activity elsewhere may breach equal protection.
Excessive penalties or destroying property without basis/documentation risk liability.

Practical Compliance Roadmap (for LGUs)

Audit the Legal Basis
- Identify existing vending/sidewalk/traffic ordinances and their implementing rules.
- If gaps exist, draft an amending ordinance with clear definitions, radii (e.g., 20–50 meters from entrances), time windows, and exceptions (e.g., church-sanctioned kiosks on private grounds).
Stakeholder Consultations
- Parishes/dioceses, barangays, vendors’ associations, PWD and seniors’ councils, transport groups, fire and health offices.
Urban Design & Safety Standards
- Minimum clear sidewalk width (e.g., keep 1.5–2.0 m free), curb ramps unobstructed, fire lane and emergency egress around church doors.
- Waste management (bins, cleanup schedules), hand-washing and food safety for ambulant food vendors.
Designate Alternatives
- Relocation areas off the main flow; time-limited vending (before/after Mass only), night markets, church-cooperative bazaars (inside private grounds where allowed).
Due Process Protocols
- Standard Notice of Violation (NOV); hearing/appeal timelines; permit suspension/revocation templates; seizure inventory & receipts.
Phased Implementation
- Grace periods and information campaigns; pilot areas; then full enforcement with measurable metrics (accident reduction, pedestrian flow, complaints resolved).
Documentation
- Photos, maps of zones, event schedules, post-operation reports; this mitigates legal risk and supports accountability.

Practical Compliance Roadmap (for Vendors)

Secure/renew permits and health clearances; comply with zoning/time windows.
Avoid encroaching on entrances, curb ramps, fire hydrants/lanes.
Participate in relocation programs; keep stalls mobile where required.
Keep records of seized items and avail of retrieval/appeal procedures promptly.

Remedies and Liabilities

For LGUs/Officers: Administrative and civil liability may arise from abuse of authority, unlawful taking/destruction of property, or discriminatory enforcement.
For Vendors: Violations may lead to fines, permit actions, confiscation, and removal of illegal structures; repeated violations can escalate penalties per ordinance.
Judicial Relief: Parties may seek injunctions, damages, or annulment of unreasonable ordinances or actions; courts weigh public welfare against rights on a case-by-case basis.

Frequently Asked Questions

1) Can a mayor declare an absolute, citywide ban on vendors near churches by executive order alone? No. A legislative ordinance is generally required. Executive orders implement, not legislate new prohibitions.

2) Is notice and hearing always required before removal? For permit sanctions and non-emergency removals—yes. For nuisance per se/clear obstruction creating immediate hazard, summary abatement is typically allowed, followed by post-action documentation/recourse.

3) Can a church authorize vendors on the sidewalk fronting its gate? No, not on public sidewalks. Authorization on private church grounds is different; LGU rules still apply (sanitation, fire safety, etc.).

4) Are faith-related sellers (e.g., candles, rosaries) entitled to special exemption? Not by default. Regulations must be content-neutral and uniform.

5) What’s a defensible “no-vending” radius? It must be reasonable and evidence-based (pedestrian counts, emergency access), commonly tied to entrance clearances rather than arbitrary distances. Courts favor clear, narrowly tailored rules.

Model Clauses (Ordinance Drafting Aids)

No-Vending Zone (Church Perimeter): “It shall be unlawful to sell, display, store, or prepare goods on any street, sidewalk, curb, or public open space within [XX meters] from any entrance or exit of a church or chapel, and within [YY meters] of designated fire lanes and curb ramps, except during LGU-authorized events and only within designated vending bays.”
Minimum Clear Width: “Vending in permitted areas shall maintain a minimum unobstructed sidewalk width of [1.8] meters, free of displays, stools, and queues.”
Time Window During Services: “During scheduled Masses/processions, vending within [specified perimeter] is suspended [from T-minutes before to T-minutes after] to ensure emergency access and pedestrian safety.”
Due Process & Penalties: “Violations are subject to notice and hearing; penalties include fines, permit suspension/revocation, and removal of obstructions. Items seized shall be inventoried and receipted; owners may reclaim within [X] days upon compliance/payment.”
Relocation/Alternative Sites: “The LGU shall designate vending zones and, where practicable, provide relocation or time-share arrangements (e.g., night markets) to balance livelihood and public safety.”

Bottom Line

A Philippine mayor can lawfully regulate and, when warranted, remove street vendors around churches on public spaces—if the action is grounded on a clear ordinance, proportionate to legitimate public interests (safety, order, health, accessibility), and implemented with procedural fairness. The power is broad but not boundless: it cannot replace legislation, disregard due process, discriminate, or intrude onto private church property without legal basis. The most durable approach pairs well-drafted ordinances with practical alternatives for vendors, ensuring both public welfare and social justice are served.