Republic of the Philippines
House of Representatives
Quezon City
|9th Congress
First Regular Session
-''`     .5292
House Bill No.
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Introduced by HONORABLE PETER a. MIGUEL
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ANACTREQulRINGBUSINESSESTABLISHMENTSSUCHASBUTNOTLIMITEDTOSHOPPING
MALLS,SuPERMARKETS,SCHOOLS,110SPITALS,HOTELSANDSIMILARBUSINESS,
COMIVIERCIALANDPuBLICESTABLISHMENTSTOPROVIDEFREEADEQUATEPARKING
AREASFORTHEIRCLIENTELEANDPROVIDINGPENALTIESFORVIOLATloNSTHEREOF
EXPLANATORY NOTE
ltisthepolicyoftheStatetopromoteandprotecttheinterestofconsumers.Toachievethis,
thegovernmentmuststrivetoputupadequatemechanismsthatwillensurethatconsumers
are  protected  while  at  the  same  time  encouraging  more  trade  to  the  end  that  a  good
environment for businesses is set in place. This biM is designed to protect the interest of the
consumers as well as established standards of conduct of business and industry. (Article 2 of
RepublicAct7304orotherwiseknownastheConsumerActofthePhilippines.)
Underthisproposedmeasure,thereistherebyprescribedafreeparkingpolicythatshopping
malls,   supermarkets,   schools,   hospitals,   hotels   and   similar   business   as   weM   as   public
establishments  shall  promote  for  the  interest  of the  consumers  in  accordance  with  the
Consumer Law given that the provision of designated areas or facilities are actually a  basic
amenitythatshouldbesoprovidedlestsuchprivateorevenpublicestablishmentswouldnot
have been allowed to build.
The   provision   of   free,   adequate   and   secured   parking   areas   in   our   shopping   malls,
supermarkets, schools, hospitals, hotels and similar business as well as public establishments
isapublicserviceandamatterofcourtesytoconsumerswhopatronizetheirestablishments.
This interpretation is not only reasonable and logical but finds support in the actual practice
in  other  countries  like  the  United  States  of  America  where  parking  spaces  owned  and
operated by these establishments are free of charge. Moreover, since the success of such a
business primarily depends upon the goodwiw of its patrons, the provision of parking areas
significantlyimprovesthedesirabilityoftheareainasmuchastheprofitabilityofsurrounding
businesses because consumers will always prefer to go malls safe and available is ensured.
In order to avoid the abuse of the provisions of this Bin for free parking and safeguard the
interests of mall owners, this Act include provisions that seek to guarantee to mall owners


thatmotoristsusingtheirparkingspacesarereallycustomersoftheirestablishmentthrough
receiptofpurchasesforasetofminimumamount.Italsoseekstobalancetherevenuesthat
may  be  lost  by  establishments  currently collecting  parking fees  with  the  provision  of tax
benefits.
Theparkingspacestheseestablishmentsshouldprovidetotheirconsumersmustcomplywith
the  minimum  standards  set  forth  law.  Meaning,  parking  minimums,''  demanded  from  aH
building owners or property developers before a ``permit" is given for them to start. These
requirementsareusuallyenshrinedinstatebuildingcodesandcityzoningordinances,inour
case,  Presidential  Decree  1096  or  otherwise  known  as  the  National  Building  Code  of the
Philippines  and  the  2004  Revised  lmplementing  Rules  and  Regulations.  Owners  of these
establishments  where  consumer  go  should  provide  them  with  parking  spaces  that  is  in
conformity with the standards set forth  by the PD  1096 or National  Building Code or local
ordinances.Otherwise,theywmi.ustparkonthestreets.Whichwilleventuallyresultintraffic
congestion.
This  bill  seeks  to  rationalized the  collection  of parking fees  in  the  light  of an  unregulated
environment that may have been overlooked the welfare of the costumers and consumers
theyserveinorderthattheyrakereasonableprofitandviablereturnontheirinvestment.
Through  this  Act,  the  State  can  effectively  advocate  consumer  welfare  together  without
prejudicetothebusinessinterestsofmawowners.Withthispurposeinmind,theimmediate
approval of this bill is strongly requested.
Cotabato
Representative, 2nd District South


Republic of the Philippines
House of Representatives
Quezon City
|9th Congress
First Regular Session
HouseBillNo.         I    ~      5292
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Introduced by HONORABLE PETER a. MIGUEL
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AN ACT REQUIRING BUSINESS ESTABLISHIVIENTS SUCH AS BUT NOT LIMITED T0 SHOPPING
MALLS, SUPERMARI(ETS, SCHOOLS, HOSPITALS, HOTELS AND SIMIIAR BUSINESS,
COMMERCIAL AND PuBLIC ESTABLISHMENTS T0 PROVIDE FREE ADEQUATE PARKING
AREAS FOR THEIR CLIENTELE AND PROVIDING PENALTIES FOR VloLATloNS THEREOF
Be it enacted in the Senate and the House of Representatives of the Republic of the
Philippines in Congress assembled:
Secfi.on I..          SAorf 77t/e..ThisAct shall be known as ``The Free parking Act of2022''
S€cfi.on 2..          Dec/orati.on oJPo/i.cy.. It is hereby declared a policy of the state to protect the
interest of the consumer, promote its general welfare and establish standards
of conduct of business and  industry. To this end, the State  shall  ensure the
improved  quality  of  life  for  all  and  improve  consumer  access  to  and  the
availability of service-related components like free  parking for all  patrons of
malls and shopping establishments pursuant to this Act.
Section 3:
Section 4:
Section 5:
Scape.. This Act shall cover the use of established parking areas in all malls and
shopping establishments by their legitimate patrons. Legitimate patrons under
this Act  are  consumers  who  have  made  actual  purchases  or  availed  of the
shopping mall's products and services.
Free Parki.ng.. Legitimate patrons shall be provided free use of well-maintained
and  secure  parking areas in  all  malls and  shopping establishments  provided
that they reach an aggregate minimum purchase (with receipts) of P500 from
the establishment and have used the parking space for less than two (2) hours.
Tax BeneJi.ts.. To balance the cost of providing security and  maintenance  of
designated  parking  areas  for their  patrons,  owners  of  malls  and  shopping
establishments shall  be  provided tax  benefits as  may  be determined  in  the
lmplementing Rules and Regulations of this Act.


Sect;.on 6..          Peno/ti.es..   Mall   and   shopping  establishments   owners  who  will   be   found
violating the provisions of this Act will be punished .
Section 7:
Section 8:
APPROVED.
Repca//.ng C/crus€.. Any provision of law, orders,  rules and regulations or parts
thereof, contrary to, or inconsistent with, the provisions of this Act are hereby
repealed or modified accordingly.
E#gctl.vf.ty C/crus€.. This Act shall take effect after its complete publication in the
Official Gazette or in any newspaper of general circulation.