[sousere PRESENTATIVES:
RECEIVED
0 8 AUG 2016

Republic of the Philippines
HOUSE OF REPRESENTATIV!
Quezon City

17" Congress
First Regular Session

HOUSE BILLNo. 2844

Introduced by Representative WES GATCHALIAN

EXPLANATORY NOTE

The problem with traffic in the highly urbanized cities
of our country is perennial and its causes, systemic, One of
the clear cuiprits are the motor vehicles, both those for
private use and those for hire, that continue to occupy the
Pige streets, parked and idle, push carts, litters of all kind
have. been eyesores and a hindrance to foot and
automobile traffic in most of our streets.

The street is part of public domain primarily
intended for vehicular or foot traffic and therefore
Should not be appropriated as personal parking spaces for
any of these vehicles. In view of this, motor vehicle
cwners should be made responsible to provide @
permanent parking space for their vehicles, whether this is
Prade an integral part of their house or building structure, @
leased facility, or by some other property relations

In addition, under pain of penalties provided in this Act,
this legislative initiative requires the Land Transportation
Office to verify the public document submitted by the
registrant/purchaser attesting to the existence of the parking
facility.

The Supreme Court of the Philippines has repeatedly
characterized driving as a privilege and not a property right.



The state is therefore empowered to impose measures and
requisites before granting such privilege which would aid in
attaining its desired ends. Requiring prospective owners of
motor vehicles to also secure a permanent parking space is but
a reasonable measure to aid in easing up the continuously
worsening traffic problem in our cities which has hampered
our economic growth.

Immediate passage of this bill is earnestly

ES GATCHAL!
Representativ
strict, Valenz



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

17th CONGRESS
First Regular Session

House Bill No. 2644

Introduced by Representative Weslie T. Gatehalian

AN ACT

REGULATING THE SALE OF MOTOR VEHICLES IN
HIGHLY URBANIZE CITIES BY REQUIRING A
PROOF-OF-PARKING SPACE OR FACILITY FROM
MOTOR VEHICLE BUYERS AS A PRE-REQUISITE
FOR THE PURCHASE OF A MOTOR VEHICLE
‘AND REGISTRATION WITH THE LAND
TRANSPORTATION OFFICE

ss assembled:

be it enacted by the Senate and the House of Representatives in Congr
SECTION 1. Short Title. - This Act shall be known as the "Proof-of

Parking Space Act.”

SEC. 2, Declaration of Policy. - It is hereby declared the policy of the
State to protect and promote the right of the people to a balanced and healthful
ecology. The State also recognizes that the use of property bears @ social
function, hence it is subject to the duty of the State to intervene when the
common good so requires. Towards this end, the State shall promulgate
measures to lessen traffic congestion, curb the number of vehicles both
for private and public use, provide safe and uncluttered pathways where
people may freely walk through to their destinations, and maintain a
clean and healthy environment by clearing the streets of parked motor
Vehicles and other clutter that reduce the space for ongoing human and

vehicular traffic.



SE

. 3. Scope and Application; Proof-of-Parking Space or Facility. -
Any person, whether natural or juridical, with residence or business address in
Highly Urbanize Cities who intends to purchase a motor vehicle, shall be
required to execute an affidavit which shall be acknowledged before a
notary public, attesting to the availability of a permanent parking space or
facility or that a parking space or facility has been leased or procured
specifically for the purpose of parking the motor vehicle intended to be
bought before they can purchase a motor vehicle. Each and every motor
vehicle shall require a separate space for parking.

The affidavit executed by the prospective buyer of motor vehicles shall be
presented to the Land Transportation Office (LTO) as a pre-requisite for
registration

SEC. 4. Responsibility of Prospective Buyer of Motor Vehicle. - No
motor vehicle may be legally conveyed in the absence of a public document
duly attested to by the prospective buyer of a motor vehicle and acknowledged
before a notary public, that a permanent parking space or facility already exists
for the motor vehicle which is subject of the sale. The affiant shall be bound by
the claims stated in the document and shall be held liable for untruthful
statements made in his affidavit under Articles 171 and 172 of the Revised

Penal Code.

SEC. 5. Role of the Land Transportation Office. - The LTO shall make
as a pre-requisite in the registration of a motor vehicle the submission of the

affidavit attesting to the existence of a permanent parking space or facility by

the buyer or vendee of the motor vehicle that it has confirmed the existence of

a permanent parking space or facility for the motor vehicle to be purchased.

The document must be kept on file and the same shall be produced when
there exists a claim or evidence to the contrary that the parking space or
facility attested therein does not exist



SEC. 6. Local Government Units and Citizen Patrol. - Any concerned
individual may report to the LTO or any government agencies charged with traffic
management or the engineering office of the local government unit (LGU)
concerned the existence of motor vehicles which are parked on the streets,
alleys or pathways primarily used for pedestrian and motor vehicle traffic.
Authorized personnel of the LTO, LGU engineering office and law enforcement
agencies shall conduct periodic ocular inspection for the purpose of strictly
implementing the provisions of this Act.

The LTO, or personnel from any government agency charged with
traffic management, the LGU concerned shall, moto propio or upon a
complaint, ascertain the veracity of the non-existence of a permanent parking

space or facility for a registered motor vehicle

SEC. 7. Penalties. - A motor vehicle registration i

ued to an owner,
whether natural or juridical, which has been fraudulently obtained from the
LTO by making untrue claims in the public document executed for the purpose

of complying with the requirements under Section 3 of this Act indicating that

an adequate parking space or facility exists for a motor vehicle, shall be
revoked and the motor vehicle owner shall be suspended from registering a
motor vehicle under his name for a period of three (3) years and imposed a fine
in the amount of Fifty Thousand Pesos (P50,000.00) for every violation of the

provisions of this Act.

Any officer or employee of the LTO who has allowed the registration of a
motor vehicle without the necessary document required under Section 3 of this
Act or with knowledge of the falsity of the statements in the instrument
attesting to the availability of the permanent parking space or facility for the
motor vehicle, shall be suspended from office for a period of three (3) months
without pay.

The penalties enumerated herein shall be without prejudice to the
liability that may be incurred under the Revised Penal Code and other existing

laws.


SEC. 8. Implementing Rules and Regulations, - Within ninety (90)

days from the effectivity of this Act, the Secretary of Transportation and
Communication, in consultation with the Secretary of the Interior and Local
Government, the agency head of LTO and representatives from the LGUs
concerned shall promulgate the rules and regulations for the effective

implementation of this Act

SEC. 9. Repealing Clause. - All laws, presidential decrees, executive
orders, memoranda, rules and regulations contrary to or inconsistent with the

provisions of this Act are hereby repealed, amended or modified accordingly.

SEC. 10. Separability Clause. - If any part or provision of this Act is
declared unconstitutional or invalid, the remaining parts or provisions not

affected shall remain in full force and effect.

SEC. 11. Effectit

publication in the Official Gazette or in a newspaper of general circulation.

iy. - This Act shall take effect fifteen (15) days after its

Approved,