Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15% Congress
Second Regular Session

HOUSE BILLNO.D 369°

Introduced by: Rep. MA. VICTORIA R. SY-ALVARADO.

EXPLANATORY NOTE

Right of way is an Important aspect of the property rights. Ownership of property grants a person
dominion over his property with the rights to enjay the same. This bill seeks to grant the property owner
adequate remedy against violations of their right of way in the egress and ingress to their property.

It may raise questions as to the propriety that the State should step in the enfarcement of private
rights. However, a careful reading of this bill will show that State intervention is strictly limited to providing,
remedies for violations and in providing reasonable penalties thereof.

Special consideration is given by this bill in the current situation where in the enforcement of private
property rights, the removal of illegally parked vehicles blocking a private driveway may lead to criminal
prosecution initiated agatnst them or against the law enforcement responders. Sometimes @ complaint for
‘carnapping or for robbery or theft is lodged by the supposed offender of private property right against those
‘whom he offended, the property owner. This situation is not only unjust but rewards the mischief of the
former. It is the hope of this representation to straighten ont this injustice and grant adequate remedy for the
private property owner, and at the same time craft legistation that may be enough to have a mindset and
tonduct-altering effects, for improving our behavior and soclety as a whole.

in of this measure is most sought for.

'

HON. MA. VICTORIA R. SY-ALVARADO:



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15% Congress
Second Regular Session

HOUSE BLL NO._5369

Introduced by: Rep. MA VICTORIA R. SY-ALVARADO.

AN ACT ESTABLISHING

DESIGNATED PRIVATE DRIVEWAYS AS NO PARKING ZONES, PROHIBITING PARKING AND/OK
BLOCKING AND AUTHORIZING REMOVAL OF IMPEDIMENTS TO INGRESS AND EGRESS FROM IT, AND

PENALIZING VIOLATIONS THEREOF.

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

Section 1. Short Title. This Act shall be known as the Driveways Act of 2011.

Sec. 2.

Sec. 3.

Sec. 4.

No Parking on Driveways. - \cis bereby established that all designated Private driveways:
as no parking zones and there shall be no impediments to the free ingress and ugress
from it.

Designated Private Driveways shall mean driveways with clear and noticeable
announcement posted indicating the intention of the property owner or the person
having rights thereof to designate such as a driveway, regardless of its actual use as a
driveway and ownership of a vehicle of such property owner or rights holder, provided
‘that there shall be only one designated driveway (ur such property.

‘The property owner or rights holder whose ingress to and egress from his designated
driveway has been blocked shali have all the rights and power to cause the removal of
such impediment and secure the free ingress and egress to his property. He can call
upon a towing service operated by the local government unit having jurisdiction over
the driveway concemed or a towing service privately operated and granted authority t0
‘operate by the local government unit having Jurisdiction over the driveway concerned to
effect the removal of such impediment. Costs for such removal shall be borne by the
‘person responsible for blocking, parking or otherwise impeding the free ingress to ar
egress from the driveway, provided that, if it is not readily ascertainable who is the
person responsible for blocking, parking or otherwise impeding the free ingress to or
‘egress from the driveway, the property owner or rights holder who caused the removal
of such impediment shall bear the cost for such removal, subject to his rights to recover
his expenses incurred from the person responsible for blocking, parking or atherwise
impeding the free ingress to or egress from the driveway, in addition to the appropriate
damages, as determined by the court with competent jurisdiction.

Exemption from criminal liability in the exercise of rights under this act. - All persons who
caused the removal of the impediments to the free ingress to and egress from designated


driveways and those performing such services in accordance from such right as
provided in this act, such as, but is not limited to, towing services and other removal
services, shall have no criminal liability arising from acts in enforcing such right and
performing such services in accordance to such tight, provided that the procedure
provided for by this act is followed and due diligence in the handling of the removed
impediment shall be observed commensurate to the condition and character af the
impediment removed.

(a) For illegally parked vebicles blocking free ingress to and egress from designated
driveways, the property owner or rights holder may cause its towing, as provided
by this act, provided that he shall first ask three persons residing in the barangay
having jurisdiction over the designated driveway as to the identity of the owner of
such illegally parked vehicle, (f no one knows of his identity, the property owner ar
rights holder must then call out for three times who is the owner of such vehicle,
Should no one answer, he may then cause its towing, Should the owner of the
illegally parked vehicle come forward and identify himself, he must remove such
vehicle immediately otherwise, the property owner or rights holder may cause its
towing, At all times, towing shall only be perfornted by a towing service operated by
the local government unit having jurisdiction aver the driveway concerned or a
towing service privately operated and granted authority to operate by the local
government unithaving jurisdiction over the driveway concerned,

Said vehicle shall be impounded and the same shall constitute a lien for the local
government unit or the private tawing operator to cover the cost of its removal. The
authority granted herein is limited only for its removal fram blacking the designated
driveway and does not authorize opening said vehicle or breaking into it An
inventory or checklist shall be accomplished indicating the external paysical
condition of the vehicle which is to be signed by the supervisor of the towing team
and countersigned by the property owner or rights owner causing the removal. Any
loss or damage (o the internal contents of the impounded vehicle shall be borne by
the vehicle's owner. Any loss or damage to the external physical condition of che
impounded vehicle shall be borne by the vehicle's owner, provided that the
inventory ar checklist has been properly accomplished and completed. However,
should the vehicle owner prove before a court of competent jurisdiction that loss or
damage to his vehicle and its contents was due to the fault or negligence any person,
that person shall be liable for such loss or damage.

No criminal and civil ability shall attach provided that the towed vehicle is
impounded in a designated facility by the local gavernment unit having jurisdiction
over the designated driveway,

(b) For other impediments blocking free ingress to and egress from designated
driveways, the property owner of rights holder may cause its removal and disposal
hy any lawful means possible, provided zhat he shall first ask three persons residing
in the barangay having jurisdiction over the designated driveway as to the identity
of the owner of such impediment. If no one Knows of his identity, the property
‘owner of tights halder must then call out for three times who is the owner of such
impediment. Should no one answer, he may then cause its removal and dispasal by
any lawful means possible. Should the owner of the impediment come forward and
identify himself, he must remove such impediment immediately otherwise, the
property owner or rights holder may cause its removal and disposal.

No criminal and civil liability shall attach against the property owner or rights
holder for his removal and disposal of such impediment, provided that the property
owner or rights holder should not appropriate ownership of such impediment.


Sec. S.

Sec. 6.

Sec. 7,

implementing Rules and Regulations. - The Secretary of the Interior and Local
Government and the Chairperson of the Metropolitan Manila Development Authority are
hereby authorized to issue the necessary implementing cules and regulations for this
act.

Designation of impounding areas of Local Government Units shall be done through an
appropriate act issued by the appropriate Sanggunian, provided that there should at
least be one impounding facility per province and per independent and/or highly
urbanized city. If the province has no impounding facitity, municipality, by itse:f or in
collaboration with other municipalities and component cities belonging to the same
province may maintain one for their collective use. All provinces, or in default crereaf,
its companent cities and municipalities, and independent and/or highly urbanized cites
are hereby given six months from the effectivity of this act to designate an impounding
area within their jurisdiction, provided that a common impounding area is only lowed
as between component cities and municipalities belonging (o the same province.

For the first six months of effectivity of this act, towed vehicles must be brought to the
‘municipal hall, city hall or provincial capitol grounds, all of which are hereby declared
default impounding areas until an impounding area has been designated within the six
mionths grace period. Should after the six months grace period, no impounding area has
been designated, the municipal mayor, city mayor ot provincial governar concerned and
their respective Sanggunian presiding officer and members shall be the ones liable
criminally and solidarily liable civilly, as the case may be, on their personal capacties.

Penalties:

{a} Legal parking om a designated driveway — in addition to those provided by this act,
‘the appropriate traffic enforcement agency or the traffic authority of the local
government unit concerned shall issue the appropriate ticket against a person who
parked the vehicle he drives on a designated driveway, regardless of it removal.

()) Other impediments blocking free ingress to and egress from designated driveways -
in addition ta those provided by this act, the person who blocked or impeded free
ingress to and egress from designated driveways shali be liable for a fine not less
than une bundred pesos but not exceeding five hundred pesos, as nay be
determined by « court of competent jurisdiction,

(©) Two or more designated driveways - a property owner of rights holder who have
two or more designated driveways within the same property shall immeliately
remove such number of designations until he has only one designated driveway
within three days from receipt of a letter demanding for such removals. Should he
fail to do so, be shall be liable for a fine of not less than one thousand pesos but not
exceeding five thousand pesos, for every extra driveway, as may be determined by a
court of competent jurisdiction.

{@) Refusal of towing service - When properly requested by the property owner or
rights holder and upon satisfaction of the procedure provided by this act, a towing
service must always carry out the remaval of an illegally parked vehicle, regardless
‘of payment from the one who caused its removal.

{@) A towing service privately operated and granted authority ta operate by the Local
Government Unit having jurisdiction over the driveway concerned refusing to
remove an illegal parked vehicle shall be lable for a fine of not less than one
Uhousand pesos but not exceeding five thousand pesos, and the authority ta


‘operated granted by the Local Government Unit concerned shall be cancelled or
Suspended for not more than six months, as may be determined by a court of
competent jurisdiction,

Sec.8.  Separability Clause. - If for any reason, any provision of this Act is declared
‘unconstitutional or invalid, the other parts or provisions hereof which are not affected
thereby shall continue to be in full force and effect.

Sec.9. _Effectivity. - This Act shall take effect filteen (15} days after its publication in at least wo
(2) newspapers of general circulation.

Approved,