Ze
(es

ON mney
HOUSE OF REPRESENTATIVES a SENT 4
AUG “0-6 HD,

Quezon City

Eighteenth Congress
First Regular Session

House BILL No. 3473

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

Explanatory Note

From 2015 to 2017, the Land Transportation Office (LTO) registered 10,410,814 motor vehicles.
Itis 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.

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 HERERRA-DY


HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL No. 3473

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 shalll 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 (LTO). 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 concerned
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 herewit

a) Amotor 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.

‘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
cof 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
(P150,000.00), and penalized by imprisonment of six (6) to twelve (12) months.

b)


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 (P100,000.00) and penalized by imprisonment of three
(3) to six (6) months.
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.

d

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,