Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3559

Introduced by
REPRESENTATIVES GAVINI “APOL” C. PANCHO,
JOEY S. SALCEDA and FERDINAND MARTIN G. ROMUALDEZ

EXPLANATORY NOTE

Latest data from the Metro Manila Development Authority (MMDA) show that there
are some 2.5 million registered vehicles in Metro Manila. Added to the problem of traffic,
this sheer volume of vehicles on the road also find owners of private vehicles faced with the
problem of finding adequate parking space in a business district, or in shopping malls.

Indeed, it is a welcome reprieve for private vehicle owners to be provided a
convenient and affordable parking when they go the malls and other similar establishments;
and many consumers are totally agreeable to paying a reasonable parking fee for this
convenience. However, beyond the standard parking fees, many shopping malls impose
succeeding charges after a lapse in a prescribed time of use of their parking facilities.
Despite this, mall operators also implement a non-liability policy that clears them from any
accountability for any damages and theft done to any vehicle parking in their
establishments.

Given that the Supreme Court has already ruled on the legality of imposing parking
fees in such commercial establishments, it remains nevertheless the policy of the State to
regulate the manner that such fees are implemented, in support of public interest. This
presents a clear need for legislation to mandate owners and administrators of parking lot
facilities, to support consumer interests of vehicle owners who pay their parking fees over
and above the revenues that they will be giving these establishments by patronizing the
products and services of their business tenants.

This Bill seeks to set an equitable middle-ground that will afford consumers the
necessary protections without burdening the ability of legitimate parking enterprises from
conducting fair and profitable business.

With this purpose jarmind, support tr tepid the passage and approval of this legislation is
eamestly sought,

GAVINI “1 XC. PANCHO aay - EDA
RepresentatiWe,/2™ District of Bulacan Representative, 2™ District of Albay

FERDINAND MARTIN G. ROMUALDEZ
Representative, 1* District of Leyte


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No3959

Introduced
REPRESENTATIVES GAVINI “APOL” C. PANCHO,
JOEY S. SALCEDA and FERDINAND MARTIN G. ROMUALDEZ

AN ACT REGULATING THE IMPOSITION OF PARKING FEES IN SHOPPING
CENTERS AND MALLS, AND SIMILAR ESTABLISHMENTS, INCLUDING VACANT
LOTS USED EXCLUSIVELY FOR PARKING AND PRESCRIBING PENALTIES FOR
VIOLATION THEREOF

Be it enacted by the Senate and the House of Representatives in Congress of the
Philippines assembled:

SECTION 1. Short Title. —- This Act shall be known as “Parking Fee Regulation Act
of 2019".

SECTION 2. Declaration of Policy. It is the policy of the State to protect the interests
of the consumer, promote his general welfare and to establish standards of conduct for
business and industry. Towards this end, the State shall enact laws to protect consumers
who avail of parking facilities offered by business operators from unreasonable parking rates
and fees.

SECTION 4. Scope. This Act shall apply to parking facilities for all kinds of motor
vehicles, including parking spaces in shopping malls, hospitals, schools or other similar
establishments, including vacant lots and buildings that are solely devoted for use as
parking.

SECTION 5. Regulation of Parking Fees. For purposes of this Act, establishments
which will impose parking fees for the use of their parking spaces shall be subject to the
following:

a) The standard parking fee shall be a flat rate of Forty pesos (P 40.00)
regardless of parking time incurred except for overnight parking;

b) For overnight parking, a customer shall be charged a one-time fee of
One hundred fifty pesos (P 150.00) per vehicle;

c) A customer shall be given a grace period of twenty (20) minutes,
wherein he shall not be charged the standard parking fee if his motor vehicle shall have
entered and exited the premises within the grace period;

d) For shopping malls, restaurants, stores, and similar establishments
where customers go to purchase items or where the customers pay fees to enjoy the
services, facilities or amenities offered by the establishment, the parking fee shall be waived


‘once a customer presents a validated proof of purchase or payment of not less than One
thousand pesos (P1,000.00).

e) Customers shall be issued a receipt upon entering or exiting a parking
facility. A parking receipt must contain the effective date and time and the plate number of
the motor vehicle the customer is paying for.

SECTION 6. Segregation of Parking Spaces for Overnight Parked Vehicles. A
separate parking space for overnight parking shall be provided for long-term guests in order
to aid in the protection of the vehicles and property within.

SECTION 7. Prohibition on Invoking Waiver of Liability. When parking fees are
collected by business establishments from their customers for the use of parking spaces,
these establishments shall be responsible for the safety of its patrons it shall be unlawful for
owners and/or administrators of parking facilities to impose blanket or unconditional waivers
limiting their liability for damage to property and injury to persons caused by any and all acts
of their employees, staff, trespassers, and third persons against the property or persons
within the parking facility and its adjunct facilities. Any waiver to such effect shall be void
and against public policy.

SECTION 8. Penalties. Any person or establishment who violates the provisions of
this Act shall be fined with not less than One hundred fifty thousand pesos (P 150,000.00)
per customer that is charged with an overpriced parking fee, or imprisonment of not less
than one (1) year but not more than three (3) years, or both, upon the discretion of the court.

SECTION 9. Implementing Rules and Regulations. The Secretary of Trade and
Industry shall promulgate the necessary rules and regulations for the effective
implementation of the provisions of this Act. The Secretary of Trade and Industry is
authorized to review every three (3) years the applicability of Section 4 of this Act and to
adjust the rate of parking fees, taking into consideration the cost of maintenance of parking
facilities, cost of provision of security and the inflation rate of the preceding year.

SECTION 10. Separability Clause. If for any reason, any provision of part hereof is
declared invalid, the other provisions not affected thereby shall remain in full force and
effect.

SECTION 11. Repealing Clause. Any provision of the law, presidential decree,
executive orders, rules and regulations contrary to the provision of this Act is hereby
repealed, amended or modified accordingly.

SECTION 10. Effectivity. This Act shall take effect fifteen (15) days after its complete

Publication in the Official Gazette or in at least two (2) newspapers of general circulation,
whichever comes earlier.

Approved,