Lawyers’ group flags bolantero ‘restrictions’

By Juliane Judilla

The National Union of Peoples’ Lawyers-Panay has raised alarm over what it described as “broad and unreasonable restrictions” imposed on ambulant vendors, or bolanteros, in Iloilo City.

The concern followed the circulation of a controversial Affidavit of Undertaking required by local authorities.

In a statement released Monday, May 4, the group criticized the new requirement mandating bolanteros to register with the city’s Local Economic Enterprise Office, wear identification cards, and comply with a broad set of policies, rules, and regulations.

According to NUPL-Panay, the measure effectively grants authorities “broad and largely unchecked power” over the vendors’ right to livelihood.

The lawyers’ group said the affidavit emerged after recent incidents in which city personnel allegedly confiscated products from bolanteros accused of violating market rules and obstructing public pathways.

“Numerous reports indicate that these seizures were carried out without prior notice or an opportunity for vendors to respond,” NUPL Panay said, stressing that such actions may violate the constitutional right to due process.

The group said authorities must, at minimum, inform individuals of alleged violations and allow them to contest the claims before confiscating property.

“Otherwise, enforcement becomes arbitrary and prone to abuse,” the statement added.

The group also criticized what it described as a “heavy-handed” approach by the Iloilo City government in dealing with people trying to earn a living.

It also raised questions about the propriety and legality of how market policies are being implemented.

Instead of protecting these areas as public spaces where small vendors can sell their products at minimal cost, the government appears intent on clearing much of the city’s markets and surrounding areas of traditional vendors and bolanteros so that these spaces can be maximized by corporations and big businesses.

Recent developments have further intensified these concerns.

The redevelopment of the Iloilo Terminal Market and Iloilo Central Market under a public-private partnership between the Iloilo City government and SM Prime Holdings has drawn criticism from vendors and advocacy groups.

Critics argue that the projects signal a growing trend toward the privatization of traditionally public markets.

They also fear higher fees, stricter regulations, and the displacement of small-scale traders.

The involvement of a major corporate developer in managing or redeveloping key market spaces, critics said, underscores concerns that access to essential economic spaces and services may increasingly be shaped by profit-driven interests rather than public welfare.

NUPL-Panay also took issue with provisions in the affidavit that classify the ability to sell in public markets as a “privilege” rather than a right.

Under the document, any violation of its terms could result in the loss of access to “any and all public markets” in the city.

The group warned that this framework places disproportionate burdens on small vendors while lacking clear legal safeguards.

It also flagged vague language in the affidavit, noting that it does not specify which laws or procedures govern enforcement, raising the risk of inconsistent or arbitrary application.

Another contentious provision requires bolanteros to declare they are of “good moral character” and have not committed any offense against laws or regulations.

NUPL-Panay said this could unfairly exclude individuals with past cases or even unproven allegations.

“Having committed an offense in the past should not automatically bar someone from earning a living,” the group said, calling the requirement “highly questionable” and potentially discriminatory.

Equally concerning, the group noted, is the apparent absence of explicit due process protections in the affidavit.

It does not define mechanisms requiring authorities to notify bolanteros of alleged violations.

It also does not guarantee an opportunity to be heard or to seek remedies if accusations prove unfounded.

NUPL-Panay warned that this exposes vendors to restrictions on their livelihood without adequate procedural safeguards.

While acknowledging the authority of local governments to regulate markets, NUPL-Panay stressed that such power must be exercised within the bounds of law, reasonableness, and due process, consistent with the 1987 Philippine Constitution.

The group urged the Sangguniang Panlungsod of Iloilo City to enact clear and equitable ordinances that protect informal workers, rather than relying on affidavits that may lack legal basis.

“Regulation must not disproportionately burden the informal sector while favoring larger commercial interests,” the statement read.

NUPL-Panay called on the Iloilo City government to adopt a more transparent and rights-based approach in managing public spaces and economic activities.

“The protection of public order and the protection of livelihoods must go hand in hand,” it said.

“Regulation must not come at the expense of constitutional rights, justice, and fairness,” the group added.