Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

2ECEIV

16" Congress
First Regular Session

House Bill No3'7'79

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Introduced by Honorable Sergio A.F. Apostol

EXPLANATORY NOTE

This bill seeks to address the mounting complaints against the
exorbitant parking fees being charged by shopping malls, hotels and similar
commercial establishments to their customers.

Parking fees in malls, hotels and similar commercial establishments
had already been tackled in the news, radio stations and alike. It should
actually free since the fact that the customers are going to this
establishments, they are already earning from them. It should be part of
their service. Worse, when your car is vandalized in their car park they
refuse to take responsibility for it when it’s their car park, you pay for the
privilege to park, they provide security supposedly to protect car owners
and yet they refuse to account for their liability.

Malls are charging customers some sort of maintenance fees for the
parking lot. But unfortunately this is something that they are entitled to
charge simply because of the system in the Philippines. It is totally
wrongful that malls and other commercial establishments have practically
built whole new businesses anchored entirely on making money out of
their car parking facilities that ought to be made available for free to their



customers. Parking fees exacted by these establishments are definitely
irreconcilable with the essence of the Consumers Act, which protects
consumers against abuses by setting the standards of suitable conduct for
business and industry. It is a matter of courtesy that malls or hotels for that
matter should not collect parking fees.

In view of the foregoing, approval of this bill is earnestly sought.

SERGJ@A.F. APOSTOL
Repfesentative
2" District, Leyte


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

16" Congress
First Regular Session

House Bill No. 3779

Introduced by Honorable Sergio A.F. Apostol

AN ACT PROHIBITING THE IMPOSITION OF OR EXTRACTION OF ANY FEE FOR
THE USE OF PARKING SPACES AND FACILITIES LOCATED WITHIN SHOPPING
MALLS, HOTELS AND SIMILAR COMMERCIAL ESTABLISHMENTS AND
PRESCRIBING PENALTIES THEREFOR

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

SECTION 1. This Act shall prohibit owners of shopping malls, hotels
and similar establishments, their agents and/or authorized representatives
from imposing, exacting, collecting and/or charging any and all fees for the
use of parking spaces located within these establishments, excepts owners
of buildings or spaces which are exclusively devoted or utilized to provide
parking spaces and services and not in any way connected with any other
business.

SECTION 2. No other building permit shall be issued for the
construction of business and commercial establishments that include as
integral parts thereof, parking spaces and facilities, buildings and other
facilities for parking purposes within existing business and commercial
establishments unless owners thereof submit sworn statements that
parking spaces and facilities shall be made available to the public free of


charge: Provided, that permits for the construction of buildings and
facilities to be devoted or utilized exclusively for parking purposes shall be
issued only upon submission of a sworn statement that said buildings and
facilities are to be devoted or used exclusively for parking purposes and are
not attached in any way to any shopping mall, hotel and similar commercial
establishments.

SECTION 3. Any business establishment which shall collect, impose,
exact or charge any fee for the use of parking spaces and facilities in
violation of this Act, shall be penalized with a fine not less than One
Hundred Thousand Pesos (P100,000.00) but not more than Five Hundred
Thousand Pesos (P500,000.00). The members of the Board of Directors or
any other corporate officers found guilty of violating any of this Act, shall
suffer an imprisonment of not more than five (5) years.

Any government official or employee who shall be found to have
violated the provision of this Act by approving or issuing building permits
for the construction of parking spaces and facilities, shall be suspended for
not less than ten (10) days but not more than sixty (60) days, after due
notice and hearing in an appropriate administration proceedings: Provided,
that this shall not exclude further prosecution from other laws.

SECTION 4. Any provision of this Act which is subsequently declared
to be unconstitutional shall not affect the validity of its other provisions.

SECTION 5. Any laws, decrees, orders, rules and regulations or parts
thereof, inconsistent with the provision of this Act are hereby repealed or
amended accordingly.

SECTION 6. This Act shall take effect upon its approval.

Approved,