4 REP RESS

Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City RECEIVED

Nineteenth Congress
First Regular Session

= TIME 9:13am
Se by Bai
Xs

Wo inpex

HOUSE BILL No, 1524

Introduced by Rep. Bernadette Herrera-Dy

AN ACT MANDATING MOTOR VEHICLE BUYERS TO PROVIDE A
PROOF-OF-PARKING SPACE OR FACILITY AS A REQUIREMENT FOR THE
PURCHASE OF MOTOR VEHICLES AND REGISTRATION WITH THE LAND

TRANSPORTATION OFFICE (LTO) INORDER TO DECONGEST ROADS IN
METRO MANILA

Explanatory Note

From 2015 to 2017, the Land Transportation Office (LTO) registered 10,410,814 motor
vehicles. It is estimated that there are new 1 ,000 registrants each day, 600 of whom have
newly-purchased vehicles. Metro Manila alone is reported to have at least 2.7 million
vehicles. The number of vehicles in the country serve to be problematic due the lack of
parking spaces. Vehicles are being parked on streets and alleys that are deemed to be
"available." These vehicles take up public spaces which are supposed to be for pedestrians
and other road users that need to pass by the area.

In the recent State of the Nation Address, President Duterte directed all concerned local
officials in Metro Manila, and all other cities, to undertake immediate action to ensure the
speedy and smooth flow of vehicular traffic. In line with this, the Department of Interior
and Local Government (DILG) released Memorandum Circular 2019-121 that orders all
local government officials to "reclaim public roads which are being used for private means
and in the process rid them of illegal structures and obstruction." It is seen that Metro
Manila's heavy traffic will lessen if public roads will be reclaimed. Due to this, many cities
and municipalities have started clearing the streets under their jurisdiction. Thus, it is only
necessary to make a holistic national policy that shall regulate the public's use of roads and
streets. At the same time, car owners must also be held accountable if their vehicles are
causing inconvenience to the public. There is a need for prospective car buyers and car
‘owners to purchase, lease, and/or procure permanent parking spaces for their vehicles.
They must ensure that their purchase of vehicles shall not contribute to road congestion
and instead promote road user safety.

EFiled “>

© pare July 7, 2022

* gan



With the rising number of motor vehicles in the country, there is a need to regulate and to
make appropriate actions to manage the overcrowding of vehicles. As a prerequisite for the
Purchase of motor vehicles, buyers must be able to prove that they already have a
Permanent parking space for the vehicle to be bought. In the same respect, car owners shall
provide maximum effort to find permanent parking spaces for vehicles that they already
own. It is the duty of the state to regulate the public's purchase of vehicles towards better
traffic management of the metro. Thus, the state shall mandate motor vehicle buyers to
Provide a proof-of-parking space or facility as a requirement for the purchase of motor
vehicles and registration with the Land Transportation Office (LTO) in order to decongest
roads in Metro Manila.

In view of the foregoing, the passage of this bill is earnestly sought.

BERNADETTE HERRERA-DY


HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH (19) Congress First Regular Session

HOUSE BILL NO. 3524

Introduced by Rep. Bernadette Herrera-Dy

AN ACT MANDATING MOTOR VEHICLE BUYERS TO PROVIDE A
PROOF-OF-PARKING SPACE OR FACILITY AS A REQUIREMENT FOR THE
PURCHASE OF MOTOR VEHICLES AND REGISTRATION WITH THE LAND

TRANSPORTATION OFFICE (LTO) IN ORDER TO DECONGEST ROADS IN
METRO MANILA

Section 1. Short Title. This Act shall be known as the "Mandatory Vehicle Parking
Space Act."

Section 2. Declaration of Policy. It is the duty of the state to prioritize safety and
public welfare.

It is also the government's responsibility to protect the life and property of the
people. The public has been continuously inconvenienced by parked vehicles on
streets, alleys, and pathways. Towards this end, the state shall promulgate policies to
decongest roads, to ensure public safety, and to regulate transportation for the benefit
of its citizens.

Section 3. Proof-of-Parking Space. Any person, whether natural or juridical, with
residence or business address in Metro Manila 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. Failure to comply shall be penalized under Section 8 of this Act.

Each 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 requirement for registration. Motor vehicle owners,
with existing motor vehicles without parking spaces before the effectivity of this Act,
shall be given two (2) years upon the effectivity of this Act to provide permanent
parking spaces for their respective vehicles. Failure to comply shall be penalized
under Section 8 of this Act.


Car dealers, sales representatives, or any other related persons in the business of
selling motor vehicles shall refuse buyers without the appropriate affidavits under this
Act. This shall be discussed in Section 5 of this Act.

Section 4. Responsibilities of Car Owners and Prospective Motor Vehicle Buyers

No motor vehicle shall be purchased with the absence of the appropriate legal
affidavit, 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 to be purchased, Motor vehicle buyers must be able to prove
that they already have a permanent parking space available for the vehicles before
being allowed to purchase. The buyer shall also keep the original and a copy of the
legal affidavit and ensure its legitimacy. 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, without prejudice to
any other cases that may be filed against such person.

Car owners and prospective motor vehicle buyers must also ensure that the parking
spaces purchased, leased, or procured shall not be an obstruction to road safety and
shall not contribute to road congestion. Car owners, without permanent parking spaces
for their vehicles before the effectivity of this Act, shall provide maximum effort in
the purchase, lease, or procurement of permanent parking spaces for each vehicle they
own within the given time period.

Section 5. Responsibilities of Car Dealers, Sales Representatives, and Businesses in
the Conduct of Sale of Motor Vehicles Car dealers, sales representatives, or any other
related persons in the business of selling motor vehicles shall refuse buyers that cannot
present a legally notarized affidavit 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 to be purchased. Both the
person and the company shall be liable under this Act. Failure to comply shall be
penalized under Section 8 of this Act.

Section 6. Registration of Vehicles by the Land Transportation Office (L TO). The
Land Transportation Office (LTO) shall require, 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 before the purchase of the motor vehicle. Both the car owner
and the LTO should have both a copy of the affidavit.

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.

Section 7. Ocular Inspection of Local Government Units and Citizen Watch. Any
concemed individual may report to the Land Transportation Office (LTO),
Metropolitan Manila Development Authority (MMDA), the metropolitan coordinating
council, or the engineering office of the local government unit (LGU) regarding the
wrongful parking of motor vehicles on the streets, alleys or


Pathways primarily used for pedestrian and motor vehicle traffic. Preferably, the
complaints should be accompanied with proper photo documentation of the streets,
alleys or pathways with the parked motor vehicles. Photos need not to be
professionally taken.

Authorized personnel of the aforementioned agencies shall conduct random and
periodic ocular inspection to strictly implement the purposes of this Act

Section 8. Penal Provisions. The following are the imposed penalties of those in

violation of the Act herewith:
a) A motor vehicle owner, who purchased a vehicle and has not complied with
Section 3 of this Act or was proven to obtain an illegal and/or false public
document, indicating that an adequate parking space or facility exists for a
motor vehicle, shall pay a fine of three hundred thousand pesos (P300,000.00)
and penalized by imprisonment of one (1 ) to three (3) years, upon discretion of
the court.
b) A motor vehicle registration issued to an owner, 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,
imposed a fine in the amount of one hundred fifty thousand pesos (P
150,000.00), and penalized by imprisonment of six (6) to twelve (12) months.
c) A motor vehicle owner who illegally parked on streets, alleys, or pathways
and not the declared permanent parking space in the affidavit shall be imposed a
fine in the amount of one hundred thousand pesos (P 100,000.00) and penalized
by imprisonment of three (3) to six (6) months.
d) Any car dealer, sales representatives, or any other related persons in the
business of selling motor vehicles, who sold a motor vehicle to a buyer that
wasn't able to comply with the requirements under Section 3 of this Act shall
pay a fine of two hundred thousand pesos (P200,000.00) for each vehicle sold
and their business permits and licenses from appropriate agencies shall be the
suspended or cancelled, upon discretion of the court.
e) 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 pay a fine of fifty thousand pesos (P50,000.00), suspended from
office for a period of three (3) to six (6) months without pay or terminated by
the LTO, upon discretion of the court.


Section 9. Implementing Rules and Regulations. Within ninety (90) days from the
effectivity of this Act, the Department of Transportation (DOTR), the Land
Transportation Office (LTO), the Metro Manila Development Authority (MMDA),
the Department of Interior and Local Government (DILG), local government units,
and representatives from car businesses, in consultation with other related
government agencies and stakeholders, in consultation with appropriate government
agencies and other stakeholders, shall promulgate the necessary rules and
regulations to implement this Act.

Section 10. Separability Clause. If, for any reason or reasons, any part of the
provision of this Act shall be held to be unconstitutional or invalid, other parts or
provisions hereof which are not affected thereby shall continue to be in full force and
effect.

Section 11. Repealing Clause. All laws, decrees, orders, rules, and regulations, or
parts thereof, inconsistent with the provisions of this Act are hereby repealed,
amended, or modified accordingly.

Section 12. Effectivity Clause. This Act shall take effect after fifteen (15) days
following its publication in the Official Gazette and at least two (2) newspapers of
general circulation.

Approved,