ECE VED
he 01 AUG 2016

Quezon City

SEVENTEENTH (17TH) CONGRE:

$5 RFESTPATION UNIT
First Regular Session LS

ND INDEX SERVICE

House Bill No,_&203

Introduced by: Rep. BERNADETTE R. HERRERA-DY

AN ACT DEFINING THE BASIC REQUIREMENTS FOR THE SECURITY AND

SAFETY OF PERSONS AND PROPERTY IN PARKING LOT FACILITIE!

PROVIDING FOR A SYSTEM OF ASSESSMENT OF PARKING LOT SAF
FEATURES, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

This bill is a response to the alarming rate by which crimes against persons and
property occur in vehicle parking facilities

While data indicating the prevalence of parking facility crime in the Philippines may
be lacking or inadequate, overseas studies note that parking facilities represent one major
location where a high frequency of violent crimes, including rape, theft, and assault, occur.
We take these studies to be illustrative of similar trends in the country

‘The 2008 Criminal Victimization in the United States' report published annually by
the US Department of State showed that a parking lot or garage was the place of occurrence
of 7% of the 4.5 million incidents of violent crimes for 2008, most notably 21.1% of motor
vehicle theft, 11.9% of theft, 17.0% of robbery, and 6.1% of assault.

A report by the Australian Institute of Criminology? stated that in 2007, 62 out of
253 murders, 10,734 out of the 17,988 robberies, and 408 out of the 732 kidnappings
occurred in community category locations including car parks.

A 2006 Crime Statistics Report’ of the Singapore Police Force reveals that out of the
900 cases of motor vehicle theft in the Singapore, three-fourths of those cases occurred
overnight and were mainly committed at car parks in public housing estates.

A study published by the British Society of Criminology entitled Car Park Crime and
Security in South Korea: A Case Study of Seoul Apartment Complexes’ showed that in the
area of Bundang-Gu, from January 1998 to June 2002, a total of 368 crimes were committed
in apartment parking lots. Vehicle theft and Theft from the vehicle comprised the top two
car park crimes, with an occurrence of 31% and 46% respectively.

* Bureau of Justice Statistics, US Department of Justice. Criminal Victimization in the United States, 2008
Statistical Tables. Table No. 61. http://www.bjs gov/content/pub/pdf/cvus08. pdf

? Location of Violent Crime Statistics 2007

hitp/vinw aic gov aulen/statistics/violent%20crime/location aspx.

* Crime Situation Jan-Dec 2006. Singapore Police Force. http://www spf gov sa/stats/stats2006_index. htm

+ Heonhyo Park. Car Park Crime and Security in South Korea: A Case Study of Seoul Apartment Complexes.
British Society of Criminology, Volume 7, July 2004. http://www britsoccrim org/volume7/003.pdf



While similar studies indicating the prevalence of parking facility crimes are not
sufficiently available for the Philippines, vehicle theft, including theft of vehicle contents
and personal items stored therein, has been a noted problem. To illustrate, a 2003 study by
the Philippine Center for Investigative Journalism yielded that an average of six cars were
stolen each day in 2002. An August 2011 Inquirer news report showed that eight of ten
vehicle thefts occurred in Metro Manila from January to July 2011. According to the PNP
Highway Patrol Group, 84% of stolen motor vehicles nationwide within the same time
period occurred in Metro Manila. The same report showed Quezon City accounting more
than one-fourth of all car theft cases, reiterating the city’s moniker of “car theft capital” of
the Philippines.

Very recently, according to the Philippine National Police-Highway Patrol Group
(PNP-HPG), “Sagpi” or “Seized at Gunpoint Intimidation” has become the second widely
used modus operandi in the Philippines wherein motor vehicle thieves use stolen vehicles
without any identification and target motorists traveling alone late at night and along roads
that are either deserted or have minimal traffic.’ A variety of Sagpi methods include some
suspects posing as passengers in public-utility vehicles or as hitchhikers. Other criminal
groups surveil individuals living in wealthy subdivisions or villages. The surveillance takes
weeks before holding the victims at gunpoint as they step out of the car to open the gates.
Culprits through Sagpi can either seize one’s car after it is parked or when they see the owner
heading towards the car. Sagpi can be combined with “carjacking”, where culprits use guns
to threaten and force the driver out and run off with the vehicle.®

The Comprehensive Report on Carnapping’ for January to July 2011 by the
Philippine National Police Highway Patrol Group showed that of the 286 cases of vehicular
theft committed nationwide, 207 cases were those categorized as Stolen While Parked
(SWP), 60 cases were those Seized at Gunpoint with Intimidation (SAGI), and 19 cases were
Failed to Return (FTR) cases. This report reveals that for carnapping, offenders are
significantly more likely to commit the crime when there are more options for stealth such
as when the car is parked rather than confronting an active driver.

Additionally, anecdotal evidence suggests that parking facilities pose a similar threat
in the Philippines. A recent prime example of such evidence was the January 11, 2012
discovery of a deceased Overseas Filipino Worker, identified as Netz Aly Bagin. Ms. Bagin
was found stuffed inside her own medium sized suitcase left in the open parking area of the
Ninoy Aquino International Airport Terminal 2. Airport authorities stated that finding the
person responsible would be difficult as there are no CCTV monitors covering the entire
parking facility of the airport terminal.

While the debate continues on whether CCTV cameras can be an effective deterrent
of crime in public places, a study conducted by the Urban Institute Justice Policy Center of
the United States showed that by upgrading and increasing various modes of surveillance
and access control interventions, parking lot facilities have shown significant reductions in
car-related crimes in New York, Newark, New Jersey, Oregon, and North Carolina in the
United States, and in Dover and East Midlands in the United Kingdom. The summary of the

fotor vehicle-theft cases bare crafty players, tech-reliant cops, BusinessMirror, February 15, 2016,
available at bitp:/iwew.businessmirror.com. ph/2016/02/15/motor-vehicle-theft-cases-bare-crafty-players-
tech-reliant-cops-2/

Sid.
“Philippine National Police ~ Highway Patrol Group. Comprehensive Report on Camnapping: January to
April 2011

http:/highwaypatrolaroup com/resources/08%20Comprehensive%20R eport%
10%20April%202011%20shon'%20ver2. pdf

napping%20January%20


results is shown below*:

Project Nature of Intervention Percent Reduction fa
Car Crime

Dover(UK) Combination of access control and 85% car thefts
employee surveillance

Srey Canersty Combination of natural and formal 50% thefts fom cars
surveillance (CCTV)

Port Authority NYSE Access control 100% car thes

‘Newark iat TAwpor ‘Access control Che car tele

East Midlands (UR) Combination of sarvellance access 69-100% reduction
control, signage, and management
practices

Porlaad, OR Combination of access control and’ 66:7 Fs thefts Bom cars
formal surveillance (bike patrols) _

Charlo, NE Combination of formal (bike patol thes fom ears

CCTV) and natural surveillance
(Gncreased foot traffic). and access
control

There is clearly a need for legislation to mandate that owners and administrators of
parking lot facilities upgrade their safety and security systems to be at par with our global
neighbors, and to deter the incidence of violent crimes in parking facilities. This bill aims to
do exactly that.

Moreover, we find the need to preempt systemic use of blanket or excessively
sweeping waivers, disclaimers, and other similar stipulations found on many parking tickets
and customer stubs routinely issued by the parking lot attendant at the point of ingress and
egress, Hence in Chapter of 7 of the Act, we include provisions that prohibit blanket waivers
of liability and waivers of liability for intentional or negligent acts, as void against public
policy. The Act further outlines the liability for owners and/or administrators of parking
facilities, liability of valet parking services, and requirements for a valid waiver of liability.
‘These provisions are patterned after several U.S. state statutes, including

* New York CLS Gen Oblig § 5-325 (for Section 32 of the Act)

* California Civ Code § 1630 (for Section 34)

¢ American Restatement of Torts, Second (for Section 35)

* Tennessee Code Ann. § 24-5-111, and Georgia 0.C.G.A. § 44-12-77 (for Section
36)

* Restatement (Second) of Torts Section §§ 342, 344 (for Section 35)

Section 5, Article II of the 1987 Constitution provides: “The maintenance of peace
and order, the protection of life, liberty, and property, and promotion of the general welfare
are essential for the enjoyment by all the people of the blessings of democracy.” As policy
makers it is our responsibility to provide, as best as we can possibly foresee, methods which
assist in maintaining peace and order and protecting life and property so that the Filipino
people would benefit more from the gifts

* Table 3.7: Summary of Surveillance and Access Control-Based Interventions. Page 38. Nancy La Vigne &
Samantha Lowry. Evaluation of Camera Use to Prevent Crime in Commuter Parking Facilities: A
Randomized Controlled Trial. Urban Instute Justice Policy Center Technical Report. September 2011


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SEVENTEENTH (17TH) CONGRESS
First Regular Session

House Bill No._~*_ 22038

Introduced by: Rep. BERNADETTE R. HERRERA-DY

AN ACT DEFINING THE BASIC REQUIREMENTS FOR THE SECURITY AND
SAFETY OF PERSONS AND PROPERTY IN PARKING LOT FACILITIES,
PROVIDING FOR A SYSTEM OF ASSESSMENT OF PARKING LOT SAFETY
FEATURES, AND FOR OTHER PURPOSES

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

CHAPTER 1 - GENERAL PROVISIONS

Short Title. This Act shall be known as the “Car Park Security Act of

SEC.

2. Declaration of National Policy. The 1987 Constitution provides that,
“[t]he maintenance of peace and order, the protection of life, liberty, and property, and
promotion of the general welfare are essential for the enjoyment by all the people of the
blessings of democracy.” In the pursuit of this Policy, this Act shall have the following
objectives:

a) To establish the minimum safety standards of parking facilities to ensure the security
and safety of persons and property within;

b) To establish a system for the assessment and rating of parking facilities to ensure
such facilities are compliant with the minimum safety standards provided for by this
Act;

©) To impose upon owners, administrators, and managers of car parking facilities
greater responsibility for acts of trespassers within their respective facilities;

d) To criminalize the tampering, vandalism, and destruction of CCTV camera systems
and digital recording systems installed in car parking facilities;

e) To criminalize the misuse of data from CCTV camera and digital recording systems
installed in car parking facilities; and


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£) To ensure that commercial parking lot owners and administrators can be held
accountable for criminal and wrongful activity occurring in their premises in light
of basic standards of fairness and substantive due process.

SEC. 3. Definition of Terms. — As used under this Act, the following words or
terms shall have the following meaning

a) “Access control” shall refer to any system implemented to ensure the safe and
convenient movement of pedestrians and vehicles within the parking facility, as well
as restricting access to trespassers and unauthorized persons.

b) “Formal Surveillance” shall refer to any system of surveillance that requires the use
of tactical positioning of security personnel, on-site patrols, security stations, and the
like,

c) “Natural Surveillance” shall refer to any system of surveillance whereby the public
at large have a visual access into the facility. Natural surveillance highlights layout
and orientation of the parking facility as well as the strategic use of design,
landscaping, and lighting.

d) “Technical Surveillance” shall refer to any system of surveillance whereby
mechanical or electronic measures such as CCTV Systems, Digital Recording
Devices, and the like are used

e) “Territorial Reinforcement” shall refer to the boundary treatment of parking facilities
and the importance of security, layout, orientation, and signage.

£) “Parking Facility” shall refer to any lot, building, or space used for the exclusive
purpose of parking vehicles, motorcycles, and bicycles. Parking facilities may be on-
ground, under-ground, or multi-level. For purposes of this Act, parking facilities
shall be limited to those charging a fee for the provision of a parking space for a
certain period of time.

SEC. 4. Coverage. — The provisions of this Act shall cover all public parking
facilities, whether on-ground, underground, or multi-level, in all public areas such as, but
not limited to, shopping centers and malls, office buildings, airports and seaports, terminals,
hotels and motels, hospitals, cinemas, sports complexes, stand-alone retail and service
establishments, government offices, parks, and public and private schools and universities
nationwide. Privately owned subdivisions, buildings, and parks not open to the public are
not covered by this Act.

CHAPTER 2 - COMPLIANCE

. Pre-Compliance Assessment, — The Department of Transportation and
Communications (DOTC) shall, within six months after the effective date of this Act,
conduct a pre-compliance assessment of all parking lot facilities nationwide. The DOTC
shall determine the current risk situation of the parking facilities, noting any occurrence of
vandalism and the potential strengths and weaknesses of the current barriers and fences,
surveillance systems, lighting, CCTV cameras and digital monitoring equipment, and
security personnel. The DOTC shall then provide the owners and/or administrators of each


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parking facility with a detailed assessment and recommended safety and security
improvements.

SEC 6. Compliance with Safety Standards and Compliance Assessment. ~ Every
owner and/or administrator of parking facilities shall, not later than six months after receipt
of the Pre-Compliance Assessment, adopt the safety standards as provided by this Act and
the Pre-Compliance Assessment Report provided by the DOTC. Every owner and/or
administrator shall provide a report detailing the safety and security features adopted within
their parking facilities to the Secretary of the DOTC, who shall then issue Safety
Compliance Certificates to the owners and/or administrators of the parking facilities.

The DOTC shall conduct a secondary inspection of parking facilities within two months
from the receipt of the detailed report or the expiration of the six month period stated above
for the adoption and implementation of the safety standards of this Act.

Failure of owners and/or administrators of parking facilities to adopt the standards
mandated and/or provide the Secretary of the DOTC with the report detailing the safety and
security features adopted shall prompt the DOTC to conduct additional inspections and
assessments of the parking lot facility every two months from the expiration of the period
mentioned in the preceding paragraph.

The DOTC shall coordinate with local government units to ensure compliance with the
provisions of this Act.

SEC 7. Annual Compliance Review. — The DOTC shall, at least once every twelve (12)
months from the issuance of Safety Compliance Certificates, conduct inspections and
assessments of parking facilities at random, to ensure continuity of the safety measures
adopted. The DOTC shall note any and all changes, improvements, and deteriorations in
the safety standards implemented in each parking facility in an Annual Compliance
Assessment Report, a copy of which shall be provided to the owners and/or administrators
of the parking facility.

In case the DOTC shall find non-compliance and non-maintenance of the safety
standards set forth by this Act, the Safety Compliance Certificates previously issued shall
be immediately revoked, and shall be re-issued only upon satisfactory adoption of the safety
standards.

Owners and/or administrators of parking facilities shall comply with the assessments
provided by the DOTC within two months upon receipt of the Annual Compliance
Assessment Report.

SEC 8. Penalties for Non-Compliance.~ Failure to adopt and maintain the
standards set by this Act, the Pre-Compliance Assessment Report, and the Annual
Compliance Assessment Report within the period provided shall subject the owners and/or
administrators of parking lot facilities to the following sanctions:

First instance: Fine of not more than Ten Thousand Pesos (PhP 10,000)

Second instance: Fine of not more than Fifty Thousand Pesos (PhP 50,000)

Third instance: Fine of not more than One Hundred Thousand Pesos (PhP 100,000)
and revocation of business permits and licenses to operate.


Ceryaueun—

CHAPTER 3 - ESTABLISHMENT OF BOUNDARIES AND
MAINTENANCE OF TERRITORIAL REINFORCEMENT MEASURES

SEC. 9. Establishment of Boundaries. ~ All parking facilities shall, as far as
practicable, establish and maintain a perimeter with a clearly defined boundary, defining it
as an exclusive, bounded private area. For purposes of delineation, it may be necessary to
include features that prohibit access to and removal of vehicles and property from the
parking facility. Such demarcation must be established to ensure that all drivers and
pedestrians use only designated routes.

SEC. 10. Forms of Boundaries. — For the purpose of deterring offenders and
trespassers, the following may be used as boundaries, dependent of the location and form
of the parking facility and the degree of potential risk: Plants, hedges, or dense shrubbery:
walls, whether high or low retaining; fencing or railings; grass verges of suitable gradient,
flower beds or rockery; moats or ditches; natural features such as a river; and other buildings
or improvements.

SEC. 11. Form of Boundary Complementary to Surveillance methods. ~ The form of
boundary used by owners and/or administrators of parking facilities shall be used in
conjunction with the system of surveillance adopted

For example, boundaries such as walls and thick railings in on-ground parking facilities
would limit the effectiveness of natural surveillance by by-standers on adjacent public
grounds,

Boundaries in above ground and multi-level parking facilities with open air levels shall
have barriers which are high enough to ensure that trespassers and offenders are unable to
climb upon such barriers while still allowing for the use of natural surveillance methods.

SEC. 12. Territorial Reinforcement. ~ The use of actual and symbolic boundaries,
spatial legibility, and environmental concerns shall be optimized to complement surveillance
and security management of parking facilities

It is preferred, but not required, that the walls and ceilings of above-ground, multi-level,
and underground parking facilities shall be painted white to ensure maximum luminescence
of natural and artificial light within parking facilities.

The use of signs and symbols to delineate areas of ingress and egress of pedestrians and
vehicles, flow of traffic, use of CCTV surveillance, and locations of administration security
personnel, intercom systems, telephone areas, toilets, and entrances and exits to buildings
and malls adjacent to parking facilities shall be significant enough to adequately
communicate to the public of their purpose and location

CHAPTER 4— SURVEILLANCE AND LIGHTING SYSTEMS

SEC. 13. Mandatory use of Closed Circuit Television (CCTV) Systems. ~ All
parking facilities shall install and maintain reasonably sufficient Closed Circuit Television
(CCTV) Systems in all public areas of the parking facilities especially areas of possible
entrapment such as corners and corridors that have limited visibility and pose potential areas
for theft and violent crimes. Such areas include, but are not limited to, car park areas, waiting
areas, stairwells and elevators, and ingress and egress areas of vehicles and pedestrians.


SEC. 14. Quality of Closed Circuit Television (CCTV) Systems. ~ CCTV Systems
installed in parking facilities shall have a minimum recording quality of 30 frames per
second (30fps) and shalll be able to adequately distinguish facial features, shapes, and colors
of pedestrians and vehicles over a targeted range.

Nothing in this section shall preclude the adoption of more advanced technology as they
become available.

SEC. 15. Mandatory Use of Digital Monitoring and Recording Systems. — As a
‘measure to store the data captured by the CCTV systems installed in parking facilities, all
owners and/or administrators shall install digital monitoring and recording systems. The type
of digital monitoring and recording systems shall depend upon the size of the parking
facility, the potential risks of trespass, and the potential risks of commissions of crimes
within the facility.

SEC. 16, Protection of CCTV and Digital Monitoring and Recording Systems, ~The
location of CCTV cameras and the digital monitoring and recording systems shall be placed
in such manner as to ensure that the cameras, wiring, power source, and data are resistant to
vandalism and destruction

CCTV cameras shall be placed, as far as practicable, outside the reach of persons
without need of additional tools or equipment such as ladders and step-tools

The location of the digital monitoring and recording system shall be kept locked and
inaccessible to unauthorized personnel.

SEC. 17. Storage of CCTV Data. ~ Data acquired through CCTV systems in parking
facilities shall be retained for a minimum of 45 days. Data recordings covering suspicious
activities and suspected unlawful activity shall be stored for a minimum of 90 days unless
copies have been previously provided to police officers and agents.

SEC. 18. Criminalization of Tampering With or Disabling Security or CCTV
Systems. ~ It shall be unlawful for any unauthorized person to refocus, reposition, cover,
manipulate, disconnect, or otherwise tamper with or disable a security or surveillance
camera or security system. Any person violating the provisions of this section shall be,
upon conviction, guilty of an offense punishable by a fine of not more than Ten Thousand
Pesos (PhP 10,000.00).

It shall be unlawful for any person to use, refocus, reposition, cover, manipulate,
disconnect, or otherwise tamper with or disable a security or surveillance camera or
security system for the purpose of avoiding detection when committing, attempting to
commit, or aiding another person to commit or attempt to commit the crimes within
parking facility premises, including but not limited to theft, robbery, assault or infliction of
physical injury, and rape and other forms of sexual assault. Any person violating the
provisions of this paragraph, in addition to and distinct from the immediately prior
paragraph, shall be, upon conviction, guilty of an offense punishable by imprisonment for
not more than one (1) year, or a fine of not more than Fifty Thousand Pesos (PhP 50,000),
or by both, without prejudice to the penalty provided for by law as an principal, accessory,
or accomplice to the crime in its consummated, attempted, or frustrated stage.

SEC. 19. Criminalization of Unauthorized Use of Data Acquired through CCTV
Systems in Parking Facilities. — \t shall be unlawful for any person to commit or aid in the



SecwmiudsTHaune

commission of acquiring, broadcasting, sharing, or storing any CCTV data acquired from
CCTV systems in parking facilities by unauthorized persons. Any person violating the
provisions of this section shall be, upon conviction, guilty of an offense punishable by
imprisonment for not more than one (1) year, or a fine of not more than Fifty Thousand
Pesos (PhP 50,000), or by both.

SEC. 20. Preferential use of Natural Surveillance Systems. — Natural surveillance,
such as sightlines and public access by sight into parking facilities, shall be preferred.

Parking facilities shall maximize any potential uses of natural surveillance whenever
practicable.

SEC. 21. Preferential Use of Formal Surveillance Systems. ~ Formal surveillance
systems, such as the use of stationed and roaming security guards, shall likewise be
preferred. The number and extent of formal surveillance required shall depend upon the size
of the parking facility and the potential risk of trespass and commission of violent crimes

SEC. 22. Lighting Systems. — All parking facilities shall have adequate lighting
throughout operating hours. White lights are preferred as such lights provide higher
luminescence and complement the details captured by the CCTV Systems

All areas of the parking facility, including, but not limited to, car park areas, waiting
areas, stairwells and elevators, toilets, and ingress and egress areas of vehicles and
pedestrians must be well-lit.

Areas of possible entrapment such as corners and corridors that have limited visibility
and pose potential areas for theft and violent crimes must likewise be well-lit,

SEC. 23. Preferential Use of Natural Light. — The use of natural light shall, whenever
practicable, be preferred. However, when natural light is insufficient to adequately
illuminate areas of the parking facility, artificial lighting systems shall be used.

SEC. 24. Protection of Lighting Systems. — The location of electrical and lighting
systems shall be placed in such manner as to ensure that the cameras, wiring, power source,
and data are resistant to vandalism and destruction.

‘The location of the electrical mains and fuses shall be kept locked and inaccessible to
unauthorized personnel

CHAPTER 5 — ACCESS CONTROL

SEC. 25. Preferential Use of Minimal Ingress and Egress Points. — To minimize
unauthorized access and to allow for easy orientation of pedestrians and vehicles, ingress
and egress points shall be minimized and clearly identified

SEC. 26. Preferential Use of One-way Flow of Traffic. ~ Parking facilities shall,
whenever practicable, incorporate a one-way circulatory movement of traffic within the
parking areas.

SEC. 27. Segregation of Vehicular and Pedestrian Lanes, ~ Parking facilities shall
provide clearly defined lanes for the exclusive use of pedestrians for the purpose of ensuring
their safety.



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CHAPTER 6 - SPACE AND ACTIVITY MANAGEMENT

SEC. 28. Training and Orientation of Security Personnel and Staff. — Owners and/or
administrators of parking facilities shall ensure that their security personnel and staff are
knowledgeable and well-oriented with the parking facility and the location and use of
intercom systems, security alarms, automated gates, and the like.

SEC. 29. Segregation of Parking Facilities for Motorcycles and Bicycles. ~ Parking
facilities shall provide a separate parking area for motorcycles and bicycles to prevent
accidents and to aid in securing and monitoring of motorcycles and bicycles, which may
prove to be easier for robbers and thieves to acquire

SEC. 30. Segregation of Parking Facilities for Long-Term Parked Vehicles. — Parking
facilities that cater to both long-term guests and transients shall provide a separate and
enclosed parking area for long-term guests in order to aid in the protection of the vehicles
and property within.

CHAPTER 7 — EXTENT OF LIABILITY
AND EXCULPATORY PROVISIONS

SEC. 31. Prohibition Against Blanket Waivers of Liability. — 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

SEC. 32. Prohibition Against Waiver of Liability for Intentional or Negligent
Acts, ~ {t shall be unlawful for owners and/or administrators of parking facilities to
impose waivers exempting themselves from liability for damage to property and
injury to persons within their premises resulting from the intentional or negligent
acts of the owner and/or administrator of the parking facility, his agents or
employees, in the operation of any vehicle, or in the housing, storage, parking,
repair or servicing, or in the conduct or maintenance of such parking facility or
other similar place. Any waiver to such effect shall be void and against public policy

SEC. 33. Waiver of Liability for Force Majeure or Acts of God. ~ Owners and/or
operators of parking facilities may waive their liability for damage to property and injury to
persons within their premises if such damage or injury occurred due to force majeure or acts
of God

For purposes of this Act, such occurrences refer to the unpredictable and irresistible
event, external to the will of the owner and/or administrator of parking facilities causing
damage to property or injury to persons of which such owner and/or administrator took
reasonable steps to avoid. Acts of God may include fire, flood, earthquake, storm, hurricane
or other natural disasters, while force majeure may include war, invasion, act of foreign
enemies, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power,
terrorist activities, and riots.


SEC. 34. Requirements of a Valid Waiver of Liability. ~ Except as otherwise provided
by law, a printed contract providing for the parking or storage of a vehicle shall not be
binding, in whole or in part, on the owner of the vehicle or on the person who leaves the
vehicle with another, unless such conforms to the following requirements:

The waiver of liability must be stated in clear and unambiguous terms.

2. ‘The waiver of liability must be in clear, explicit language in English, Filipino or the
dominant local language or dialect in the area where the parking facility is located.

3. In cases of waiver contained in a parking ticket or card, the front of the ticket or
card must contain the words, “Must read - the terms and conditions limit our
liability” in 10 point font type or larger. The reverse side of the ticket or card must
contain the terms of the waiver in eight point font type or larger.

4. A copy of the waiver shall be posted in conspicuous places at each ingress of
vehicles and pedestrians of the parking facility, in an area of at least 17 inches x 22
inches, in 13 point font type or larger.

5. The waiver of liability shall not contain any waiver contrary to Sections 31 and 32
of this Act, or any terms that are otherwise contrary to law or public policy.

6. Any such waiver may not incorporate by external reference to the owner's or
administrator's own rules and regulations, guidelines manuals, handbooks, board
resolutions, by-laws, and other internal memoranda in any case; provided, however,
that owners and/or administrators may make external references to existing
corpuses of such internal rules, etc., only in those matters which do not concern
waivers of liability; provided, lastly, that if such external references are made, the
parking lot owner and/or administrator is required to make available, upon request,
copies to the public such internal rules, etc., during reasonable business hours and
upon reasonable conditions.

Nothing in this section shall be construed to prohibit the enactment of other laws or
ordinances on this subject that are not less restrictive than what is provided in this Section.

SEC. 35. Liability of Owners and/or Administrators of Parking Facilities. — Owners
and/or administrators of parking facilities are required to exercise ordinary diligence of a
reasonable person in the safety and protection of vehicles and persons within their premises.

Owners and/or administrators of parking facilities are subject to liability for physical
damage or harm caused by the accidental, negligent, or intentionally harmful acts of third
persons or animals, and by the failure to exercise reasonable care to:

1. discover that such acts are being done or are likely to be done, or
2. give a warning adequate to enable the visitors to avoid the harm, or otherwise to
protect them against it

Owners and/or operators of parking facilities shall be liable for physical damage or harm
to vehicles or persons within their premises should it be proven that he had failed to provide
reasonable protection from foreseeable criminal activities.

For purposes of this Act, an activity shall be foreseeable if the owner and/or operator of
a parking facility knows or has reason to know that criminal activities are occurring or are
about to occur. Previous experience with criminal activities within the premises such that
there is a likelihood of criminal conduct shall deemed foreseeable.


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SEC. 36. Liability of Valet Parking Services, — Other provisions of law
notwithstanding, a contract of deposit is created between the owner of a vehicle and the
owner and/or administrator of the parking facility in cases of valet parking

Such relationship is created when the owner of the automobile transfers possession and
control of the automobile to the owner and/or administrator or his designated employees for
the purpose of securing parking of the vehicle

The degree of care of the owner and/or administrator of the parking facility shall be that
required of a good father of a family in the safekeeping and return of the vehicle.

SEC. 37. Knowledge of Contents of Vehicle Required for Liability by Valet Parking
Services, — Owners and/or administrators of valet parking services for hire are not liable for
the contents thereof unless the depositary has actual or constructive knowledge or notice as
to such contents.

SEC. 38. Presumption of Negligence. — In all actions by a depositor against a
depositary owner and/or administrator of valet parking services for loss or damage to
personal property, proof by the depositor that the property was delivered to the depositary
or his designated employees in good condition and that it was returned in a damaged
condition, shall constitute prima facie evidence that the depositary was negligent.

CHAPTER 8 —- MISCELLANEOUS PROVISIONS

SEC. 39. Enforcement. — The DOTC shall enforce this Act. Any complaints alleging
violations of this Act shall be filed with the DOTC and shall be subject to its implementing
rules and regulations as well as the Rules of Court in case of appeal

SEC. 40. Separability Clause. — In the event that any provision of this Act is declared
unconstitutional, invalid, or illegal, the constitutionality, validity, or legality of the remainder
of the provisions of this Act shall not be affected thereby.

SEC. 41. Repealing Clause. - All laws, presidential decrees, letters of instructions,
executive orders, administrative orders, rules, regulations, and other issuances or parts
thereof which are contrary to or inconsistent with the provisions of this Act are hereby
revoked, repealed, or modified accordingly

SEC. 42. Effectivity. — This Act shall take effect fifteen (15) days following the
completion of its publication in any two (2) national newspapers of general circulation

Approved.