oN anewne

16
7
18
19
20
2
2
23
24
25
26
27
28

30
31
32
33
34
35
36

37
38
39
40
41
42

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4335

HOUSE BILL NO.

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

EXPLANATORY NOTE

As a manifestation of support to this timely piece of legislation, this
representation respectfully refiles this bill, which has constantly been
receiving support from the past (Rep. Marcoleta’s HB00824, Rep.
Gatchalian’s HB03956, Rep. Barbers’ HB05041, and Rep. Vargas’ HB07341,
among others) and present congress.

The proposed measure aims to regulate the imposition of fees for the use of
parking spaces and facilities in shopping malls, hospitals, schools, hotels,
and other similar establishments. Regulating the imposition of said fees will
ensure that consumers who avail of parking facilities offered by business
operators are protected from unreasonable parking rates. Moreover, the
proposed measure also aims to strengthen the responsibility of business
establishments in maintaining and providing security in their parking spaces
by prohibiting business establishments from invoking the waiver of liability.

Given the current rise of the number of vehicles in the country, especially in
the Metro, it is high time for the government to take appropriate actions in

managing the different facets brought about by this phenomenon.

In view of the foregoing, the passage of this measure is earnestly sought.

JOHN, VIN “FUL SERVO” NIETO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City d

EIGHTEENTH CONGRESS
First Regular Session

House BILL No. 4335 _

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

AN ACT REGULATING THE IMPOSITION OF FEES FOR THE USE OF
PARKING SPACES AND FACILITIES IN SHOPPING MALLS,
HOSPITALS, SCHOOLS, HOTELS, AND SIMILAR ESTABLISHMENTS,
INCLUDING VACANT LOTS USED EXCLUSIVELY FOR PARKING AND
PRESCRIBING PENALTIES FOR VIOLATION THEREOF

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

SECTION 1. Short Title. This Act shall be known as the “Parking Fees
Regulation Act.”

SEC. 2. Declaration of Policy. It is the policy of the State to protect the
interests and promote the general welfare of consumers. Toward this end,
the State shall promulgate measures that will protect consumers who avail
of parking facilities offered by business operators from unreasonable parking
rates and fees.

SEC. 3. Coverage of this Act. This Act shall cover parking facilities for all
kinds of motor vehicles, including parking spaces in shopping malls,
hospitals, schools, Hotels, and other similar establishments, including vacant
lots and building that are solely devoted for use as parking.

SEC. 4. Provision of Parking Spaces; Regulation of Parking Fees.
Shopping mall buildings, hospitals, schools and similar establishments are
encouraged to provide parking spaces for their customers free of charge.

For purposes of this Act, a customer refers to a person who purchases a
commodity or service.

Establishments which will impose parking fees for the use of their parking
spaces shall be subject to the following:

a.) A customer shall be charged an amount not exceeding Eighty Pesos
(Php 80.00) per vehicle for a maximum of eight (8) hours and an
additional Ten Pesos (Php 10.00) per succeeding hour;

b.) For overnight parking, a customer shall be charged an amount not
exceeding One Hundred Fifty Pesos (Php 150.00) per vehicle;


Bes

100
101

103
104
105
106
107

109
110
111
112
113
114
115
116
17
118

120
121

123
124
125
126
127
128

130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150

c.) A customer shall be given a grace period of thirty (30) minutes,
wherein he shall not be charged the standard parking fee if his motor
vehicle shall have entered and exited the premises within the grace

period;

d.) For shopping malls, restaurants, stores, and similar establishments
where customers go to purchase items or where the customers pay
fees to enjoy the services, facilities or amenities offered by the
establishment, the parking fee shall be waived once a customer
presents a validated proof of purchase or payment of not less than
One Thousand Pesos (Php 1,000.00) in a single receipt or in an
aggregate of separate receipts: Provided, that the customer used the
parking space for a maximum of eight (8) hours only: Provided,
further, that the customers who parked their vehicle for more than
eight (8) hours shall be charged the standard rate provided under
paragraph (a) of this section;

e.) Customers shall be issued a receipt upon entering or exiting a
parking facility. A parking receipt must contain the effective date and
time and the plate number of the motor vehicle the customer is paying
for;

f.) In case of lost receipts, customers shall pay Two Hundred Pesos
(Php 200.00);

f.) Hospital patients that have been confined in the hospital shall be
waived of the standard parking fee once proof of legitimate transaction
is presented.

SEC. 5. Prohibition on Invoking Waiver of Liability. Business
establishments shall maintain and provide security in the parking spaces of
their establishments. When parking fees are collected by business
establishments from their customers for the use of parking spaces, these
establishments shall be responsible for the safety of its patrons and shall be
prohibited from invoking the waiver of liability in care of loss of property or
damage to the customer's motor vehicle.

The prohibition enunciated in the preceding paragraph shall likewise apply to
operators of buildings or vacant lots that are solely devoted for use as

parking spaces.

SEC. 6. Penalties. Any person or establishments who, violates the
provisions of this Act shall be fined with not less than One Hundred Fifty
Thousand Pesos (P150,000.00) per customer that is charged with an
overpriced parking fee, or imprisonment of not less than one (1) year but
not more than three (3) years, or both, upon the discretion of the court.

SEC. 7. Implementing Rules and Regulations (IRR). The Department of
Trade and Industry (DTI) shall promulgate the necessary rules and
regulations for the effective implementation of the provision of this Act.

The Secretary of Trade and Industry is authorized to review every three (3)
years the applicability of Section 4 of this Act and to adjust the rate of
parking fees, taking into consideration the cost of maintenance of parking


151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167

169

facilities, cost of provision of security and the inflation rate of the preceding
year.

SEC. 8. Repealing Clause. All laws, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed or modify
accordingly.

SEC. 9. Separability Clause. If any part, section or provision of this Act
shall be held invalid or unconstitutional, no other part, section or provisions
thereof shall be affected thereby.

SEC. 10. Effectivity. This Act shall take effect fifteen (15) days following

the completion of its publication in the Official Gazette or two (2)
newspapers of general circulation.

Approved,