EXECUTIVE ORDER NO. 452
EXECUTIVE ORDER NO. 452 - PROVIDING
FOR THE GUIDELINES THAT WILL ENSURE THE SECURITY OF REGISTERED VENDORS
IN THE WORKPLACE
WHEREAS.
it has been a declared policy of the state to pursue an all-out war
against poverty and to improve the quality of life of every Filipino as
embodied in Philippines 2000 and the Philippine Medium Term Development
Plan;
WHEREAS, the Social Reform Agenda (SRA), as the operationalization of
the people empowerment track of the Philippines 2000, has been expanded
to become the Integrated National Action Agenda on Anti-Poverty as
adopted during the National anti-Poverty Summit held last 19-20 March
1996;
WHEREAS, the SRA addresses the problems of the poorest sectors of our
society, including vendors who form part of the disadvantaged workers
in the Informal Sector;
WHEREAS, consistent with the tenets of Social Reform, there is an
urgent need to protect the vendors from being deprived of their
livelihood as well as the rights of consumers and citizens from any
negative effects that the vending industry may have on the environment
and on the welfare of the public in general.
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the
Philippines, by virtue of the powers vested in me by law, do hereby
order the adoption of the guidelines that will ensure the security of
registered vendors in the workplace:
Section 1. Creation and Composition of the
Inter-Agency Council on the Security of Registered Vendors. — An
Inter-Agency Council on the Security of Registered Vendors, hereinafter
referred to as the Council, is hereby created to formulate and
implement policies and programs that will provide security to
registered vendors in the workplace nationwide. The Council shall be
chaired by the Secretary of the Interior and Local Government and
composed of representatives of the following:
a.
Philippine National Police (PNP);
b. Department
of Trade and Industry (DTI);
c. Department
of Labor and Employment (DOLE);
d.
Metropolitan Manila Development Authority (MMDA);
e. One (1)
representative each from the League of Provinces, Cities and
Municipalities, the Philippine Councilors’ League; and,
f. Two (2)
representatives of the Workers in the Informal Sector, to be appointed
by the Council Chairman.
Sec. 2. Functions of the Council. — The Council
shall undertake the following:
a..
Formulate policies and programs that will accord protection and provide
security to the registered vendors nationwide;
b. Issue
within forty-five (45) days upon effectivity of this Order, the
Implementing Rules and Regulations (IRR) on the provision of security
and system of registration for all vendors nationwide which shall be
formulated in consultation with all concerned sectors and consistent
with existing laws (e.g. R.A. 7160 or the Local Government Code dated
10 October 1991, R.A. 4136 or the Land Transportation Code dated 20
June 1964);
c.
Periodically review and revise, whenever necessary, the Implementing
Rules and Regulations of this Order;
d. Monitor and
ensure the effective implementation of the provisions of this Executive
Order;
e. Submit
quarterly reports to the President, as may be necessary; and,
f. Perform
other functions as may be directed by the President.
Sec. 3. Coverage and System of Registration. — The
guidelines shall cover vendors in all cities and municipalities
throughout the country, whereby each city and municipality shall
establish a system for registration and issuance of permit to vendors
to protect their rights and the interest of consumers and the general
public.
Sec. 4. Designation of Workplaces. — The city or
municipality, in consultation with vendors, the affected community and
other sectors or groups, shall identify and designate viable
workplaces, and design a system of assigning spaces to registered
vendors.
Workplaces include markets, vacant areas within the vicinity of markets
and other vacant public spaces which may be designated as allowable
vending sites.
Sec. 5. Empowerment of Vendors. — All concerned
National Government Agencies shall provide the support necessary to the
vendors’ self-development into healthy, informed, environmentally
aware, progressive and productive citizens. Vendors shall be encouraged
to organize themselves into associations reflective of their ideals and
aspirations.
Sec. 6. Policy on Eviction and Demolition. —
Pending the issuance of the Implementing Rules and Regulation of this
Executive Order, vendors shall not be arbitrarily deprived of their
livelihood by being unjustly ejected from their workplaces nor their
stalls demolished provided that this policy shall not apply to vendors
who started occupying such workplaces after the effectivity of this
Executive Order.
Sec. 7. Separability Clause. — If any provision of
this Executive Order or the application of such provisions is declared
unconstitutional or illegal, the remaining provisions thereof shall not
be affected by such declaration.
Sec. 8. Repealing Clause. — All other orders,
issuances, rules and regulations or parts thereof inconsistent with
this Executive Order are hereby repealed or modified accordingly.
Sec. 9. Effectivity. — This Executive Order takes
effect immediately.
DONE in the City of Manila,
this 24th day of October in the year of Our Lord, Nineteen Hundred and
Ninety-Seven.
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Since 19.07.98.