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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

2091

HOUSE BILL NO.

Introduced by Representative RANEO E. ABU
Second District, Batangas

AN ACT
REGULATING THE SALE OF MOTOR VEHICLES IN METRO MANILA, METRO
CEBU, METRO DAVAO AND OTHER HIGHLY URBANIZED CITIES BY
REQUIRING A PROOF-OF-PARKING SPACE OR FACILITY FROM MOTOR
VEHICLE BUYERS AS A PRE-REQUISITE FOR THE PURCHASE OF A MOTOR
VEHICLE AND REGISTRATION WITH THE LAND TRANSPORTATION OFFICE

EXPLANATORY NOTE

The problem with traffic is not only confined in the big city streets such as
EDSA, and congestion is not isolated in the vicinity of Manila ports - the motor
vehicles that continue to occupy the side streets, parked and idle, push carts, litters
of all kind have been eyesores and a hindrance to foot and automobile traffic in most
of our streets.

Motor vehicle owners should be made responsible to provide a permanent
parking space for their private vehicles, whether this is made an integral part of their
house or building structure or leased facility. The street is primarily intended for
vehicular or foot traffic and should not be appropriated as personal parking spaces
for these vehicles. Any financially-able purchaser of motor vehicle can be presumed
to be able to provide a parking facility for his vehicle.

In addition, under pain of the penalties provided in this Act, this legislative
initiative requires the Land Transportation Office to verify the public document
submitted by the registrant/purchaser of a motor vehicle attesting to the existence
and/or availability of the required parking facility

In view of the foregoing, passage of this bill is stly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

Eighteenth Congress
First Regular Session

091
HOUSE BILL NO.

Introduced by Representative RANEO E. ABU
Second District, Batangas

AN ACT
REGULATING THE SALE OF MOTOR VEHICLES IN METRO MANILA, METRO
CEBU, METRO DAVAO AND OTHER HIGHLY URBANIZED CITIES BY
REQUIRING A PROOF-OF-PARKING SPACE OR FACILITY FROM MOTOR
VEHICLE BUYERS AS A PRE-REQUISITE FOR THE PURCHASE OF A MOTOR
VEHICLE AND REGISTRATION WITH THE LAND TRANSPORTATION OFFICE

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

Section 1. Short Title. — This Act shall be known as the “Proof-of-Parking
Space Act. "

Sec. 2. Declaration of Policy. — It is hereby declares the policy of the State
to protect and promote the right of the people to a balanced and healthful ecology.
The state also recognizes that the use of property bears a social function, hence it is
subject to the duty of the State to intervene when the common good so requires.
Towards this end, the State shall promulgate measures to lessen traffic congestion,
curb the number of private vehicles, provide safe and uncluttered pathways where
people may freely walk through to their destinations, and maintain a clean and
healthy environment by clearing the streets of parked motor vehicles and other
clutter that reduce the space for the ongoing human and vehicular traffic.

Sec. 3.Scope and Application; Proof-of-Parking Space or Facility.
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 acknowledge before a notary public, attesting to the

2


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. Each and
every 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 pre-requisite for registration.

Sec. 4. Responsibility of Prospective Buyer of Motor Vehicle. — No motor
vehicle may be legally conveyed in the absence of a public document duly attested
to by the prospective buyer of a motor vehicle and acknowledge before a notary
public, that a permanent parking space or facility already exists for the motor vehicle
which is subject of the sale. The affiant shall be bound by the claims stated in the
document and shall be held liable for the untruthful statements made in his affidavit
under Articles 171 and 172 of the Revised Penal Code.

Sec. 5. Role of the Land Transportation Office. — The LTO shall make as
a pre-requisite 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 or
vendee of the motor vehicle that it has confirmed the existence of a permanent
parking space or facility for the motor vehicle to be purchased.

The document must be kept of 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.

Sec. 6. Local Government Units and Citizen Patrol. — Any concerned
individual may report to the LTO, Metropolitan Development Authority (MMDA), or
the engineering office of the local government unit (LGU) concerned the existence of
motor vehicles which are parked on the streets, alleys, or pathways [primarily used
for the pedestrian and motor vehicle traffic. Authorized personnel of the LTO,
MMDA, LGU engineering office and law enforcement agencies shall conduct
periodic ocular inspection for the purpose of strictly implementing the provisions of
this Act.


The LTO, MMDA, or personnel from the LGU concerned shall, motuproprio or
upon a complaint, ascertain the veracity of the non-existence of a permanent
parking space or facility for a registered motor vehicle.

Sec. 7. Penalties. A motor vehicle registration issued to an owner, whether
natural or juridical, which has been fraudulently obtained for the LTO by making
untrue claims in the public document executed for the purpose of complying with the
requirements under Section 3 of this Act, indication 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 and imposed a fine in the amount of Fifty Thousand Pesos
(P50 ,000.00) for every violation of the provisions of this Act.

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 statement in the instrument attesting to the
availability of the permanent parking space or facility for the motor vehicle, shall be
‘suspended from the office for a period of three (3) months without pay.

The penalties enumerated herein shall be without prejudice to the liability that
may be incurred under the Revised Penal Code and other existing laws.

Sec. 8. Implementing Rules and Regulations. — Within ninety (90) days
from the effectivity of this Act, the Secretary of Transportation and Communication,
in consultation with the Secretary of the Interior and Local Government, the
Chairperson of the MMDA, the agency head of LTO and representatives from the
LGUs in Metro Manila shall promulgate the rules and regulations for the effective
implementation of this Act.

Sec. 9. Repealing Clause. — All laws, presidential decrees, executive
orders, memoranda, rules and regulations contrary to or inconsistent with the
provisions of this Act are hereby repealed, amended or modifies accordingly.


Sec, 10. Separability Clause. — If any part or provision of this Act is
declared unconstitutional or invalid, the remaining parts or provisions not affected
shall remain in full force and effect.

Sec, 11. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation

Approved.