Republic of the Philippines RECEIVED

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HOUSE OF REPRESENTATIVES = ||
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NINETEENTH CONGRESS

First Regular Session SJ

HOUSE BILL No. 4431 Wo nerd

Introduced by Representative Gatchalian

AN ACT
REGULATING THE SALE AND REGISTRATION OF MOTOR VEHICLES IN
METROPOLITAN AREAS 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

Traffic congestion is one of the most ubiquitous problems plaguing the
everyday lives of Filipinos. In 2021, it was reported that Metro Manila has
the second-worst traffic congestion in the world among 416 cities in 57
countries — wherein drivers are expected to spend an average of 53% extra
travel time being stuck in traffic.! It stems not only from the inevitable
effects of poor urban planning, but lack of discipline from Filipinos
themselves. Parking in roadsides has been part of contemporary tradition.
With the improvement of Filipinos’ quality of life comes the ability to
purchase more motor vehicles without taking into consideration its
corresponding parking spaces. These further clutters national roads and
highways including its pathways.

Any act of one to achieve convenience should not result in greater
inconvenience to others. If we want our roads to be decongested, this
practice of improper parking should no longer be condoned. The roads and

streets are intended for vehicular and foot traffic and it should be used for

"Inquirer.net, Metro Manila: 2» worst in the world ~ report. Soe https: //newsinfo.inquirer.net/ 1383983 /metro-
‘manila-traffic-2nd-worst-in-the-world-report.

DATE September 82022 [

TIME 3:35 pm,
‘3 By Revi J

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that purpose only. This bill seeks to instill responsibility and accountability
to motor vehicle owners by mandating them to provide appropriate parking
spaces for the vehicles they have and want to purchase.

Under this bill, Local Government Units will be expected to review
their respective traffic codes and adopt measures that are consistent with
the objectives of this mandate. Moreover, they are enabled to invest in
parking infrastructures or provide incentives for private capital to
participate in building the infrastructure for off-street parking and long-term
lease. Meanwhile, the Land Transportation Office will be required to verify
the public document submitted by the registrant or purchaser attesting to
the existence of the parking facility.

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

iON. REX GATCHALIAN
Representative
st District, Valenzuela City



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Republic of the Philippines
HOUSE OF REPRESENTATIVES

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No. 4431

—_—_——————————

Introduced by Representative Rex Gatchalian

ee ee

AN ACT
REGULATING THE SALE AND REGISTRATION OF MOTOR VEHICLES IN
METROPOLITAN AREAS BY REQUIRING A PROOF-OF-PARKING SPACE
OR FACILITY FROM MOTOR VEHICLE BUYERS AS A PREREQUISITE
FOR THE PURCHASE OF A MOTOR VEHI CLE AND REGISTRATION
WITH THE LAND TRANSPORTATION OFFICE

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 “Proofof-
Parking Space Act.”

SEC. 2. Declaration of Policy. - It is hereby declared 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,
and provide safe and uncluttered national roads and highways including its
pathways where people may freely walk through space for ongoing human

and vehicular traffic.

SEC. 3. Scope and Application. - Any person, whether natural or

juridical, with residence or business address in the Metropolitan Areas who

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intends to purchase or register 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. 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. Definition of Terms - as used in this Act, the following
words shall mean:

a. Affidavit shall mean, a written statement of facts voluntarily made by an
affiant under an oath or affirmation administered by a person authorized
to do so by law. It shall include a photograph of the garage, the Original
Certificate of Title or Transfer Certificate of Title or the Condominium
Certificate of Title, whichever is the case, pertinent to the proof of
parking space. The affiant may also present a tax declaration or a
certified true copy of the lease agreement of the parking space.

b. Motor Vehicle as defined under R.A. 4136 shall mean any vehicle
propelled by any power other than muscular power using the public
highways, but excepting road rollers, trolley cars, street-sweepers,
sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian
trucks, and cranes if not used on public highways, vehicles which run
only on rails or tracks, and tractors, trailers and traction engines of all
kinds used exclusively for agricultural purposes.

Trailers having any number of wheels, when propelled or intended to be
propelled by attachment to a motor vehicle, shall be classified as
separate motor vehicle with no power rating.

This Act shall not include motorcycles and other two-wheeled vehicles.

SEC. 5. Responsibility of Prospective Buyer of Motor Vehicle. - No

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motor vehicle may be legally purchased or registered in the absence of a
public document duly attested to by the Prospective buyer of a motor
vehicle and acknowledged 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 untruthful statements made in his affidavit under
Articles 171 and 172 of the Revised Penal Code, in addition to the penalties
imposed by this Act.

SEC. 6. 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 requirement for registration shall likewise apply to motor
vehicles purchased prior to the effectivity of this Act. The affidavit of proof of
parking shall be necessary when these motor vehicles renew their
registration with the LTO.

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.

SEC. 7. Role of the LGU - In order to ensure an integrated manner of
operationalizing the provisions of this Act and Section 46 of R.A. 4136, as
well as to avoid conflicting policies and programs in the management of
vehicular traffic, LGUs shall hereafter review their respective traffic codes
and adopt measures that are consistent with the objectives of this Act.
Further, the LGUs are hereby enabled to invest in infrastructure for
parking space, either by itself or provide incentives for private capital to
participate in building the infrastructure for off-street parking and long-
term lease, consistent with their power to create their own sources of
revenue, as well as their proprietary capacity to apply their resources in

furtherance of developing self-reliant communities.


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SEC. 8. Complaint Management - Any concerned individual may
report to the Public Order and Safety Office of the Local Government Unit
(LGU) concerned, the LTO, Metropolitan Manila Development Authority
(MMDA) of the existence of motor vehicles which are parked on the streets,
alleys or pathways primarily used for pedestrian and motor vehicle traffic.
Authorized personnel of the Public Order and Safety Office of the LGU, LTO,
MMDA, 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, motu
propio or upon a complaint, ascertain the veracity of the existence of a
permanent parking space or facility for a registered motor vehicle.

A prima facie presumption of non-compliance with the provisions of
this Act shall exist against the owner of the motor vehicle when it is found

parked outside the declared parking space for three (3) times.

SEC. 9. Penal Provisions. - Any violation of the provisions of this
Act, shall suffer the corresponding penalties as herein provided:

a. Any person, whether natural or juridical, who makes
untruthful claims on the availability of a parking space or
facility in his affidavit to obtain a motor vehicle
registration shall be imposed the revocation of the motor
vehicle registration and suspended from registering any
motor vehicle under his name for a period of three (3)
years, in addition to the fine of Fifty Thousand Pesos
(P50,000.00).

b. 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 be


suspended from 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. 10. Transitory Provision - At the earliest Possible time, the
government shall expropriate idle or abandoned lands, for the construction
of low-cost parking facilities. The government may likewise provide
incentives for private capital to invest in building these infrastructures for
lease to car owners. Provided, however, that the cost for the rent of these
spaces shall be regulated to afford equal access by the public either for
short-term or long-term use.

SEC. 11. Appropriations - The funding requirement necessary to
implement the provisions this Act shall be included in the budget of DILG
and the DOTR in the year following its enactment.

SEC. 12. Implementing Rules and Regulations. - Within ninety (90)
days from the effectivity of this Act, the Department of Transportation, in
consultation with the Department of Interior and Local Government,
MMDA, LTO and a representative from the League of Cities in the
Philippines (LCP), shall promulgate the rules and regulations for the
effective implementation of this Act.

SEC. 13. 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 modified

accordingly.

SEC. 14. 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. 14. Effectivity. - This Act shall take effect fifteen (15) days after

its publication in the Official Gazette or in a newspaper of general
circulation.

Approved,