EIGHTEENTH CONGRESS OF THE] 
REPUBLIC OF THE PHILIPPINES ] 
First Regular Session 
]
SENATE 
S. No. 
S368
; I
o: I r I
*19 
JULll 
PI 29
RECEiV£iJ
Introduced by SEN. SHERWIN T. GATCHALIAN
AN ACT
REGULATING THE SALE OF MOTOR VEHICLES IN METRO MANILA 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 isn't 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 a 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 a 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 verify the public 
document submitted by the registrant/purchaser a]testm ^to the existence of 
the parking facility. 
/  
/
TCHALIAN


EIGHTEENTH CONGRESS OF THE] 
REPUBLIC OF THE PHILIPPINES ] 
First Regular Session 
]
SENATE 
S. No.
368
ot t .»
*19 JUL 11 
P 1 :29
RECrjV,
Introduced by SEN. SHERWIN T. GATCHALIAN
AN ACT
REGULATING THE SALE OF MOTOR VEHICLES IN METRO MANILA BY 
REQUIRING A PROOF-OF-PARKING SPACE OR FACILITY FROM 
MOTOR VEHICLE BUYERS AS A PREREQUISITE FOR THE PURCHASE 
OF A MOTOR VEHICLE AND REGISTRATION WITH THE LAND 
TRANSPORTATION OFFICE
Be it enacted by the Senate and the House o f Representatives o f the 
Philippines in Congress assembled:
1 
SECTION 1. Short Title. - This Act shall be known as the " Proof-of-
2 
Parking Space A c t"
3 
SEC. 2. Declaration o f Policy. - It is hereby declared the policy of the
4 
State to protect and promote the right of the 
people to a balanced and
5 
healthful ecology. The State also recognizes that the use of property bears a
6 
social function, hence it is subject to the duty of the State to intervene when
7 
the common good so requires. Towards this end, the State shall promulgate
8 
measures to lessen traffic congestion, curb the number of private vehicles,
9 
provide safe and uncluttered pathways where people may freely walk through
10 
space for ongoing human and vehicular traffic.
11 
SEC. 3. Scope and Application. - 
Any person, whether natural or
12 
juridical, with residence or business address in Metro Manila who intends to


1 
purchase a motor vehicle, shall be required to execute an affidavit which shall
2 
be acknowledged before a notary public, attesting to the availability of a
3 
permanent parking space or facility or that a parking space or facility has
4 
been leased or procured specifically for the purpose of parking the motor
5 
vehicle intended to be bought before they can purchase a motor vehicle. Each
6 
and every motor vehicle shall require a separate space for parking.
7 
The affidavit executed by the prospective buyer of motor vehicles shall
8 
be presented to the Land Transportation Office (LTO) as a pre-requisite for
9 
registration.
10 
SEC. 4. Responsibility o f Prospective Buyer o f Motor Vehicle. - No
11 
motor vehicle may be legally conveyed in the absence of a public document
12 
duly attested to by the prospective buyer of a motor vehicle and
13 
acknowledged before a notary public, that a permanent parking space or
14 
facility already exists for the motor vehicle which is subject of the sale. The
15 
affiant shall be bound by the claims stated in the document and shall be held
16 
liable for untruthful statements made in his affidavit under Articles 171 and
17 
172 of the Revised Penal Code.
18 
SEC. 5. Roie o f the Land Transportation Office. - The LTO shall make
19 
as a pre-requisite in the registration of a motor vehicle the submission of the
20 
affidavit attesting to the existence of a permanent parking space or facility by
21 
the buyer or vendee of the motor vehicle that it has confirmed the existence
22 
of a permanent parking space or facility for the motor vehicle to be
23 
purchased.
24 
The document must be kept on file and the same shall be produced
25 
when there exists a claim or evidence to the contrary that the parking space
26 
or facility attested therein does not exist.
27 
SEC. 6. Local Government Units and Citizen Patrol. - Any concerned
28 
individual may report to the LTO, Metropolitan Manila Development Authority
29 
(MMDA), or the engineering office of the local government unit (LGU)
30 
concerned the existence of motor vehicles which are parked on the streets,
31 
alleys or pathways primarily used for pedestrian and motor vehicle traffic.
2


1 
Authorized personnel of the LTO, MMDA, LGU engineering office, and law
2 
enforcement agencies shall conduct periodic ocular inspection for the purpose
3 
of strictly implementing the provisions of this Act.
4 
The LTO, MMDA, or personnel from the LGU concerned shall, motu
5 
propio or upon a complaint, ascertain the veracity of the non-existence of a
6 
permanent parking space or facility for a registered motor vehicle.
7 
SEC. 7. Penalties. - A motor vehicle registration issued to an owner,
8 
whether natural or juridical, which has been fraudulently obtained from the
9 
LTO by making untrue claims in the public document executed for the
10 
purpose of complying with the requirements under Section 3 of this Act
11 
indicating that an adequate parking space or facility exists for a motor
12 
vehicle, shall be revoked and the motor vehicle owner shall be suspended
13 
from registering a motor vehicle under his name for a period of three (3)
14 
years and imposed a fine in the amount of Fifty Thousand Pesos
15 
(P50,000.00) for every violation of the provisions of this Act.
16 
Any officer or employee of the LTO who has allowed the registration of
17 
a motor vehicle without the necessary document required under Section 3 of
18 
this Act or with knowledge of the falsity of the statements in the instrument
19 
attesting to the availability of the permanent parking space or facility for the
20 
motor vehicle, shall be suspended from office for a period of three (3)
21 
months without pay.
22 
The penalties enumerated herein shall be without prejudice to the
23 
liability that may be incurred under the Revised Penal Code and other
24 
existing laws.
25 
SEC. 8. Implementing Rules and Regulations. - Within ninety (90) days
26 
from the effectivity of this Act, the Department of Transportation and
27 
Communication, in consultation with the Department of the Interior and Local
28 
Government, MMDA, LTO and representatives from the LGUs in Metro
29 
Manila, shall promulgate the rules and 
regulations for the effective
30 
implementation of this Act.


1 
SEC. 9. Repealing Clause. - All laws, presidential decrees, executive
2 
orders, memoranda, rules, and regulations contrary to or inconsistent with
3 
the provisions of this Act are hereby repealed, amended or modified
4 
accordingly.
5 
SEC. 10. Separability Clause. - If any part or provision of this Act is
6 
declared unconstitutional or invalid, the remaining parts or provisions not
7 
affected shall remain in full force and effect.
8 
SEC. 11. Effectivity. - This Act shall take effect fifteen (15) days after
9 
its publication in the Official Gazette or in a newspaper of general circulation.
Approved,