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celved

Republic of the Philippines
HOUSE OF REPRESENTATIVES,

‘Quezon City

FIFTEENTH (15TH) CONGRESS
Second Regular Session

Introduced by: BERNADETTE, HERRERA-DY

EXPLANATORY NOTE

‘This Dill is a response to the alarming rate by which crimes against persons and
property occur in vehicle parking facilities.

While data indicating the prevalence of parking facility crime in the Philippines
may be lacking or inudequate, overseas studies note that parking facilities represent one
major location where a high frequency of violent crimes, including rape, theft, and assault.
coceur. We take these studies to be illustrative of similar ends in the country.

‘The 2008 Criminal Victimization in the United States’ report published annually by
the US Department of State showed that 2 parking lot or garage was the place of
occurrence of 7% of the 4.5 million incidents of viclent crimes for 2008, most notably
21.1% of motor vehicle theft, 11.9% of theft, 17.0% of robbery, and 6.1% of assault.

A report by the Australian Institute of Criminology” stated that in 2007, 62 out of
253 murders, 10,734 out of the 17,988 robberies, and 408 out of the 732 kidnappings:
occurred in community category locations including car parks.

A 2006 Crime Statistics Report’ of the Singapore Police Force reveals that out of
the 900 cases af motor vehicle theft in the Singapore, three-fourths of those cases occurred
overnight and were mainly committed at car parks in public housing estates.

A study published by the British Society of Criminology entitled Car Park Crime
and Security in South Korea: A Case Suxdy of Seoul Apartment Complexes’ showed that
in the area of Bundang-Gu, from January 1998 to June 2002, a total of 368 crimes were
‘committed in apartment parking lots. Vehicle theft and ‘Theft from the vehicle comprised
the top two car park crimes, with an occurrence of 31% and 46% respectively.
While similar studies indicating the prevalence of parking facility crimes are not
sulficiemy available for the Philippines, vehicle theft, including theft of vehicle contents
and personal items stored therein, has been @ noted problem. ‘To illustrate, a 2003 study by
the Philippine Center for Investigative Jourualism yielded that an average of six cars were

‘ Bureau of fustice Statistics, US Department of Justice. Criminal Victimi ization in the. nited States, 2008
Stststical Tables, Tabte No. 61
* Loxton of Violent Crime Statisse 2007.

> Chime Situstio Jen-Dec 2006. Sinpspre Police Force.

“ Heonkyo Park. Car Park Crime and Seturity in South Korea: A. Case Stl of Sen Anat Cone
British Society of Criminology, Volume 7, July 2004.


the Philippine Center for Investigative Journalists yielded that an average of six cars were
stolen each day in 2002. An August 2011 Inguirer news report showed that eight of ten
vehicle thefts occurred in Metro Manila from January to July 2011, According to the PNP
Highway Patrol Group, 84% of stolen motor vehicles nationwide within the same time
period occurred in Metro Manila.

The Comprehensive Report on Carmapping® far January to July 2011 by the
Philippine National Police Highway Patrol Group showed that of the 286 cases of
vehicular theft committed nationwide. 207 cases were those categorized as Stolen While
Parked (SWP), 60 cascs were those Seized at Gunpoint with Intimidation (SAGD, and 19
cases were Failed to Return (FIR) cases. This report reveals that for carnapping, offenders
are significantly more likely to commit the crime when there are more options for stealth
such as when the car is parked rather than confronting un active driver

Additionally, anecdotal evidence suggests that parking facilities pose a sitnilar
threat in the Philippines, A recent prime example of such evidence was the January 11.
2012 discovery of a deceased Overseas Filipina Worker, identified as Netz Aly Bagin. Ms.
Bagin was found stuffed inside her own medium sized suitcase left in the open parking
area of the Ninoy Aquino International Airport Terminal 2. Airport authorities stated that
finding the person responsible would be difficult as there are no CLV monitors covering
the entire parking facility of the airport terminal.

While the debate continues on whether CCT'Y cameras cati be an eflective deterrent
of crime in public places, a study conducted by the Urban Institute Justice Policy Center of
the United States showed that by upgrading and increasing various modes of surveillance
and aceess control interventions, parking lot facilities have shown significant reductions in
car-related crimes in New York, Newark, New Jersey, Oregon. and North Carolina in the
United States. and in Dover and Fast Midlands in the United Kingdom, The summary of
the results is shown below":

Peace

Pa tat Kraven a

clearly a need tor legislation to mandate that owners and administrators of
Parking tot facilities upgrade their safety and security systems to be at par with our global

“Philippine National Police ~ Highway Patrol Group. Compreh
April 2011.

ive Repari on Camupping: Januar 10

seul IS WSO AgQverd ict
* Table 3.7: Suminary of Surveillance and Access C onten|-Isased Unterventions. Faye IR. Nancy La Vigne &
Samantha Lowry, Evaluation of Cayuera Use to, 2revent Crime in Conus 1g Facilities: A

Randomized Conuolled Trial, Urban Instite Justice Policy Center Technical Report. September 2011



neighbors. and to deter the incidence of violent «rimes in parking (ae:
to de exactly that.

s. Chis bill aims.

Moreover, we: find the need to preeinp: ststemic use of blanket or excessively
sweeping waivers. disclaimers, and other similar stipulations found on many. parking
tickets and customer stubs routinely issued by the parking Jot attendant at the point of
ingress and egress. Lience in Chapter of ? of th: Act, we include provisions that prohibit
blanket waivers of liability and waivers of liability for intentional or negligent acts, as void
against public policy. The Act further outlines the liability for owners andor
administrators of parking facilities, liability of velet parking services, and requirements for
a valid waiver of liability. These provisions are atiemed afler several U.S. state statutes,
including:

* New York CLS Gen Oblig § 5-325 (fer Suction

of the Act)
© Califomia Civ Code § 1639 (for Sertion 14)

+ American Restaternent of Uorts, Si

md Cot Section 35)

+ Tennessee Code Ann. § 24-5-1 11 and Gear

YOGAN. § 44-12-77 (for Section
3h)

«Restatement (Second) of Torts

Hh fo

ton 35)

Section 5, Article Ii of the 1987 C:nstitutien provides: ~The maintenance of peace
and order, the protection of life, liberty, and property. and promotion of the gencral weifare
are essential for the enjoyment by all the people of the blessings of democrac: y
makers it is cur esponsibility to provide. as best as we can possibly foresee, methods
which assist in maintaining peace and order and protecting life and Property so that the
Filipino people would benefit more from the gifts of democracy

BERNADETTE NERRERA-DY


Republic of the Phi
HOUSE OF REPRESENTATIV!
Quezon Ci

FIFTEENTH (18TH) CONGRESS:
Second Regular Session

Sv4ié
House Bill No. ~

Tutroduced by: BERNADETTE HERRERA-DY

AN ACT DEFINING THE BASIC REQUIREMENTS FOR THE SECURITY AND
SAFETY OF PERSONS AND PROPERTY IN PARKING LOT FACILITIES,
PROVIDING FOR A SYSTEM OF ASSESSMENT OF PARKING LOT SAFETY
FEATURES, AND FOR OTHER PURPOSES

Be it enacted in the Senate and House of Representatives of the Philippines in the
Congress assembied.

CHAPTER L - GENERAL PROVISIONS:

SEC.1. Short Title. This Act shall be known as the “Car Park Security Act of
2012”.

SEC. 2, Declaration of National Policy... The 1987 Constitution provides that
“[iJhe maintenance of peace and order. the protection of life, liberty, and property. and
promotion of the general welfare are essential for the enjoyment by all the people of the
biessings of democracy.” In the pursuit of this Policy. this Act shall have the fillowing
objectives:

a) — To establish the minimum safety standards of parking facilities to ensure the
security and safety of persons and property within;

>) To establish @ system for the assessment and rating of parking facilities to
ensure such facilities are compliant with the minimum safety standards provided
for by this Act;

©) To impose upon owners, administrators. and managers of car parking facilities
greater responsibility for acts of trespassers within their respective facilities;

4) To criminalize the tampering. vandalism, and destruction of CCTV camera
systems and digital recording systems installed in car parking facilities;

2) To criminalize the misuse of dala from CCTV camera and digital recording
systems installed in car parking facilities: and


To ensure that commercial parking lol owners and administrators can be held
accountable for criminal and wrongful activity occurring in their premises in light
of basic standards of fairness and substantive due process.

SEC. 3. Definition of Terms. - As used under this Act, the following words or
terms shall have the following meaning:

a) “Access control” shall refer to any system implemented to ensure the safe and
convenient movement of pedestrians and vehicles within the parking facility, as
well as restricting access to trespassers and unauthorized persons.

b) “Formal Surveillance” shall refer to any system of surveillance that requires the use
of tactical positioning of security personnel. on-site patrols, security stations, and
the like.

©) “Natural Surveillance” shall refer to any system of surveillance whereby the public
at large have a visual access into the facility. Natural surveillance highlights layout
and orientation of the parking facility as well ax ibe strategic use uf design,
fandscaping, and lighting.

d) “Technical Surveillance” shall refer to any system of surveillance whereby
mechanical or electronic measures such as CCTV Systems, Digital Recording
Devices, and the like are used.

¢) “Territorial Reinforcement” shall refer to the boundary tcatment of Parking
facilities and the importance of security, layout, orientation, and signage.

£) “Parking Facility” shall refer to any lot. building, or space used for the exelusive
purpose of parking vehicles, motorcycles. and bieycles. Parking fac
on-ground, under-ground, or multi-level. For purposes of this Act, parking {acilities
shail be limited to those charging a fee for the provision of a parking space tor a
certain period of time.

SEC. 4. Coverage. — The provisions of this Act shall cover all public parking
facilities, whether on-ground, underground. or multi-level. ins all public arcas such as. but
not limited to. shopping centers and malls, office buildings, airports and seaports,
terminals, botels and motels, hospitals, cinemas, sports complexes, stand-alone retail and
service establishments, government offives. parks. and public and private schools and
universities nationwide, Privately owned subdivisions, buildings, and parks not open 10
the public are not covered by this Act.

CHAPTER 2 - COMPLIANCE

SEC, 5. Pre-Compliance Assessment. — The Department of Transportation and
Communications (DOTC) shall. within six months after the effective date of this Act,
conduct a pre-vompliance assessment of all parking lot fe ies nationwide. The DOTC
shall determine the current risk situation of the parking facilities. notiag any occurrence of
vandalism and the potential strengths and weaknesses of the current barriers and fences,
surveillance systems. lighting, CCTV cameras and digital monitoring equipment. and
security personnel. ‘The DOTC shall then provide the owners and/or administrators of each

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parking faci

improvemeats.

witb a detailed assessment and recommended safety and security

SEC 6. Compliance with Safety Standards and Compliance Assessment. — Every
owner and/or administrator of parking facilities shall. wot later than six months after
receipt of the Pre-Compliance Assessment. adopt the safety standards ax provided by this
Act and the Pre-Compliance Assessment Report provided by the DOIC, Every owner
and/or administrator shali provide a report detailing the safety and sccurity features
adopted within their parking facilities to the Secretary of the DOTC, who shall then issue
Safety Compliance Certificates to the owners and/or administrators of the parking
facilities.

The DOTC shall conduct a secondary inspection of parking facilities within two
months from the receipt of the detailed report or the expiration of the six month period
stated above for the uduption and implementation of the safety standards of this Act.

Failure of owners and/or administrators of parking facilities to adopt the standards
mandated and/or provide the Secretary of the DOTC with the report detailing the safety
and security features adopted shalt prompt the DOTC to conduct additional inspections
and assessments of the parking {ot facility every Gwo months from the expiration of the
period mentioned in the preceding paragraph

The DOTC shalt coordinate with local goverment unils to ensure compliance with
the provisions of this Act

SEC 7. Annual Compliance Review... The DOVC shall, at least once every twelve
(12) months from the issuance of Safety Compliance Certificates, conduct inspections and
assessments of parking facilities at random, to ensure continuity of the safety measures
adopted. The DOTC shall note any and all changes, improvements, and detetiorations in
the safety standards implemented in each parking facility in an Annual Compliance
Assessment Report. a copy of which shail be provided to the owners and/oc administrators
of the parking facility.

tn case the DOTC shal} find non-compliance and non-maintenance of the safety
standards set forth by this Act, the Safety Compliance Certificates previously issued shal}
be immediately revoked, and shall be re-issued only upon satisfactory adoption of the
safety standards.

Ovmers and/or administrators of parking facilities shall comply with the assessments
provided by the DOTC within two months upon receipt of the Annual Compliance
Assessment Report.

SEC 8. Penalties for Non-Compliance. Failure to adopt snd maintain the
standards set by this Act, the Pre-Compliance Assessment Report, and the Annual
Compliance Assessment Report within the period provided shall subject the owners andor
administrators of parking lol facilities to the following sanctions

First instance: Fine of nol more than Ten Thousand Pesos (PhP 10,000)

Second instance: Fine of not more than Fifty Thousand Pesos (PhP 50,000)

Third instance: Fine of not more than One Hundred Thousand Pesos (PhP 100,000)
and revocation of business permils and licenses to operate



Bemuaveone

37

CHAPTER 3 — ESTABLISHMENT OF BOUNDARIES AND.
MAINTENANCE OF TERRITORIAL REINFORCEMENT MEASURES

SEC. 9. Establishment af Boundaries. All parking facilities shall, as far as
practicable, establish and maintain a perimeter with a clearly defined boundary. defining it
as an exclusive, bounded private area. For purposes of delineation, it may be necessary to
include features that prohibit access to and removal of vebicles and property from the
parking facility. Such demarcation must be established to ensure that all drivers and
pedestrians use only designated routes.

SEC. 10. Forms of Boundaries. -- for the purpose of deterring offenders and
trespassers. the following may be used as boundaries, dependent of the location and form
of the parking facility and the degree of potential risk: Plants. hedges, or dense shrubbery’
walls, whether high or low retaining: fencing or railings, grass verges of suitable gradient:
flower beds or rockery; moats or ditches; natural features such as a river; and other
buildings or improvements.

SEC. 11, Form af Boundary Complementary to Surveillance methods. ~The form of
boundary used by owners and/or administrators of parking facilities shall be used in
conjunction with the system of surveillance adopted.

For example. boundaries such as walls end thick railings in on-ground parking
facilities would limit the effectiveness of natural surveillance by by-standers on adjacent
public grounds.

Boundaries in above ground and multi-level parking facilities with open air levels shall
have barriers which are high enough to ensure that trespassers and offenders are unable to
climb upon such baniers while still allowing for the use of natural surveillance methods.

SEC. 12. Territuriat Reinforcement, -— The use of actual and symbolic boundaries,
spatial legibility, and environmental concerns shail be optimized to complement
surveillance and security management of parking facilities.

1 is preferred, but not required, that the, walls and ceilings of abuve-ground, multi-
level. and underground parking facilities shall be painted white to ensure maximum
luminescence of natural and artificial light within parking {icilities.

The use of signs and symbols (o delineate areas of ingress and egress of pedestrians
and vehicles, flow of traffic, use of CCTV. surveillance, and locations of administration
security personnel. intercom systems, telephone areas. toilets, and entrances and exits to
buildings and malls adjacent to parking facilities shall be significant enough to adequately
communicate to the public of their purpuse and lecation

CHAPTER 4 - SURVEILLANCE AND LIGHT! SYSTEMS,
SEC. 13. Mandatory use of Closed Circuit Television (CCTV) Ss All
parking facilities shali install and maintain reasonably suflicient Closed Circuit Tel on,

(CCTV) Systems in all public areas of the parking facilities especially areas of possible
entrapment such as coruers and corridors that have limited visibility and pose poterstial
areas for theft and violent crimes. Such areas include, bul are not limited to. car park areas,



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waiting areas, stairwells and elevators. and ingress and epress areas of vehicles and
pedestrians,

SEC. 14. Quality of Closed Circuit Television (CCTV) Systems, - CCTV Systems:
installed in parking facilities shall have a minimum recording quality of 30 frames per
second (30fps) and shall be able to adequately distinguish facial features, shapes, and
colors of pedestrians and vehicles over a targeted range.

Nothing in this section shall preclude the adoption of more advanced technology as
they become available.

SEC. 15. Mandatory Use of Digital Monitoring and Recording Systems. — As a
measure to store the data captured by the CCTV systems installed in parking facilities, all
owners and/or administrators shall install digitel monitoring and recording systems. The
type of digital monitoring and recording systems shall depend upon the size of the parking
facility, the potential risks of trespass, and the potential risks of commissions of crimes
within the facility.

SEC. 16. Protection of CCTV and Digital Monitoring anid Recording Systems. The
location of CCTV cameras and the digital monitoring and recording systems shall be
placed in such inanner as to ensure that the cameras. wiring, power source. and data are
resistant to vandalism and destruction.

CCTV cameras shall be placed, as lar as practicable, outside the reach of persons
without need of additional tools or equipment such as adders and slep-tools

The location of the digital monitoring and recording system shail be kept Jocked und
inaccessible to unauthorized personnel.

SEC. 17. Storage of CCTV Data, — Vata acquired through CCTV systems in parking
facilities shall be retained for a minimum of 45 days. Data recordings covering suspicious
activities and suspected unlawful activity shall be stored for a minimum of 90 days unless
copies have been previously provided to police afficers aud agents,

SEC. 18. Criminutization of Tampering With ur Disabling Security or CCTV
‘Systems. — it shall be unlawful for any unauthorized peison {o refocus, reposilinn. cover,
manipulate, disconnect, or otherwise tamper with or disable a security or surveillance
camera or security system. Aay person violating the provisions of this section shall be.

upon conviction, guilty of an offense punishable dy a fine of not more than ‘Ten Thousand
Pesos (PhP 10,000.00).

Jt shall be unlawful for any person to use. refocus, reposition, cover, manipulate.
disconnect, or otherwise tamper with or disable a sccurity or surveillance camera or
security system for the purpose of avoiding detection when committing, attempting to
coramit. or aiding another person to eommit or attempt to commit the ctimes within
parking facility premises, including but not limited to thell, rebbery, assault oF infli
Physical injury, and rape and other formas of sexual assault, Any perion violating the
provisions of this paragraph, in addition to and distinct from the immediately prior
Paragraph, shall be, upon conviction, guilty of an offense punishable by imprisonment for
‘not more than one (1) year, or a fine of not more than Fifty Thousand Pesos (PhP 50,000: be
or by both, without prejudice to the penalty provided for by law as an principal, accessory
or accomplice to the crime in its consumumaled, aitempted. or frustrated stage.

ion of



SEC. 19. Criminatization of Unauthorized Use af Data Acquired through CCTV
Systems in Parking Facilities. —t shall be untawwful for any person to commit or aid in the
commission of acquiring, broadcasting. sharing. or storing any CCTV data acquired trom
CCTV systems in parking facilities by unauthorized persons. Any person violating the
provisions of this section shall be. upon conviction. guilty of an offense punishable by
imprisonment for not more than one (1) year. or a fine of not more than Fifty Thousand
Pesos (PhP 50,000), or by both.

SEC. 20. Preferential use of Natural Surveillance systems. — Natural surveillance.
such as sightlines and public access by sight into parking facilitics, shall be preferred.

Parking facilities shall maximize any potential uscs of natural surveillance whenever
pruclicable.

SEC, 21. Preferential Use of Formal Surveillance Systems. - Formal surveiliance
systems, such as the use of stationed and roaming security guards, shall likewise be
preferred. The number and extent of formal susveillance required shall depend vpon the

size of the parking facilily and the potential risk of trespass and commission of violent
crimes.

SEC. 22. Lighting Systems. — All parking fac shall have adequate lighting
throughout operating hours. White lights are preferred as such lights provide
fuminescence and complement the details captured by the CC

All arcas of the parking facility. including, but not limited to. car park areas, waiting
areas. stairwells and elevators, Wilets, and inaress and cgress areas of vehicles and
pedestrians must be well-lit

Areas of possible entrapment such as corners and corridors that have limited visibility
and pose potential areas for theft and violent crimes must likewise be well-lit,

SEC. 23. Preferential Use of Natural Light. The use of natural light shall,
whenever practicable, be preferred. However. when natural light is insuflicient to
adequately illuminate areas of the parking facility. artificial lighting systems shall be used,

SEC. 24. Protection of Lighting Systems. — The location of electrical and lighting
systems shall be placed in such manner as to ensure that the camoras. wiring. power
source. and data are resistant to vandalism and destruction

The location of the electrical mains and fuses shall be kept locked and inaccessible to
unauthorized personnel.

CHAPTER 5 — ACCESS CONTROL.

SEC. 28. Preferentinl Use of Minimal Ingress and Egress Points, ~ To minimize
unauthorized access and to allow for casy orientation of pedestrians and vehicles. ingress
and egress points shall be minimized and clearly identified.

SEC, 26. Preferential Use of One-way Flaw of Traffic. -- Parking tacilities shall.
whenever practicable, incorporate a one-way circulatory movement of traffic within the
parking areas.


en a aed

SEC. 27. Segregation of Vehicular and Pedestrian Lanes. ~ Parkin. facilities shalt
provide clearly defined lanes for the exclusive use of pedestrians for the purpose of
ensuring their safety.

CHAPTER 6 - SPACE AND ACTIVITY MANAGEMENT.

SEC. 28, Training and Orientation of Security Personnel and Staff. — Owners
and/or administrators of parking facilities shall ensure that their security personnel and
staff are knowledgeable and well-oriented with the parking facility and the location and
use of intercom systems. security alarms, automated gates. and the like.

SEC, 29. Segregation of Parking Facilities for Motorcycles and Bicycles. — Pasking
facilities shall provide a separate parking area for motorcycles and bicycles to prevent
accidents and 1 aid in securing and monitoring of motorcycles and bicycles. which may
prove to be easier for robbers and thieves to acquire

SEC. 30. Segregation of Parking Facilities for Long-Term Parked Vehicles, —
Parking facifitics that cater to both Jong-term guests and transients shall provide a separate
and enclosed parking area for long-term guest: in order to aid in protection of the

les and property within.

CHAPTER 7 ~ EXTENT OF LIABILITY
AND EXCULPATORY PROVISIONS

SEC. 31. Prohibition Against Blanket Waivers of Liability. ~ {t shall be
unlawful for owners and/or administrators of parking facilities to impose blanket
or unconditional waivers limiting their liability for damage o property and injury
to persons caused by any and all acts of their employees, staff, trespassers. and
third persons against the property or persons within the parking facility and its
adjunet facilities. Any waiver to such effect shall he void and against public
policy

SEC. 32. Prohibition Against Waiver of Liability for Intentional or
vegligent Acts. - 1 shall be uniawful for owners and/or administrators of parking
facilities te impose waivers exempting theniselves from liability far damage to
Property and injury to persons within their premises resulting from the intentional
or negligent acts of the owner and/or administrator of the parkiny facility, his
agents or employees, in the operation of any vehicle, or in the housing, storave,

parking, repair or servicing, or in the conduct or maintenance of such parking

facility or other similar place. Any waiver to such effect shall be void and against
public policy.

SEC. 33. Waiver of Liability for Force Majeure ar -Acty of Gnd. - Owners and‘or
operators of parking. facilities may waive their Viability for damage (o property and injury
to persons within their premises if such damage or injury occurred due to force majeure oF
acts of God.

For purposes of this Act, such occurrences refer to the unpredictable and irresistible
event, external te the will of the owner and/or administator of parking facilities causing
damage 10 property or injury persons of which such owner andlor administrator wok

lw


sonable steps to avoid. Acts of Ged may include fire, flood. earthquake. storm,
hurricane or other natural disasters, while force majcure may inchide war, invasion. act of
foreign enemies, hostilities. civil war. rebellion. revolution. insurrection. military or
usurped power, terrorist activities. and ri

SEC. 34, Requirements of a Valid Waiver of Liability. —Uxcept as othernise
provided by law, a printed contract providing fer the parking or storage of a vehicle shall
not be binding, in whole or in part, on the owner of the vehicle or on the person who leaves
the vehicle with another, unless such conforms to the following requirentents:

The waiver of liability must he stated in clear and unambiguous terms
The waiver of liability must be in clear. explicit language in English,
dominant local language or dialect a where the parking faci
In cases of waiver contained in a parking ticket or card. the front of the ticket or
card must contain the words, “Must read - the terms and conditions limit our
liability” in 10 point font type or larger. ‘Ihe reverse side of the ticket or card must
contain the terms of the waiver in cight point font type or lary
4. A copy of the waiver shall be posted in conspicuous places at each ingress of
vehicles and pedestrians of the parking facility. in an area of at least 17 inches x 22
inches. in 13 point font type or larger.

The waiver of liability shall not contain any waiver contrary to Sections 31 and 32
of this Act. or any terms that are otherwise contrary to law or public polic;
Any such waiver may not incorporate by external reference to the owner's oF
rator’s own rules and regulations. guidelines manuals, handbooks, board
lutions, by-laws, and other intemal memoranda in uny case, provided, however,
that owners and/or administrators may make external relérences to existing
corpuses of such internal rules, etc., only in those niatters which de not concern
waivers of liahility; provided, lastly, that f such external references are made. the
parking lot owner and/or administrator is required to make available, upon request.
copies to the public such internal rules, et.. during reasonable business houes and
upen reasonable conditions.

1.
>

6.

Nothing int this section shall be construed (o prohibit the enactment of other laws or
ordinances on this subject that are not less restrictive than what is provided in this Section.

SEC. 38, Liability of Owners and/or Administrators of Parking Facilities, - Owners
and/or administrators of purking facilities arc required to exervise ardinury diligence of x
reasonable person in the safety and protectiun of vohicles and persons within their
premises.

Oveners and/or administrators of parking facilities are subject (o liability for physical
damage or harm caused by the accidental. negligent, or intentionally harmful acts of third
Persons or animals, and by the failure to exercise reasonable care to:
1. discover shat such acts are being done or are tikely lo be done, or
2. give a warning adequate to enable the visitors to avoid the harm. or otherwise
to protect them against it

Owners and‘or operators of parking facilities shall he fiable for physical damage or

harm to vehicles or persons within their premises should it he proven that he had failed to
provide reasonable protection from foreseeable criminal activities.

iy


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For purposes of this Act, an activity shall be ‘ireseeable if the owner and/or operator of
a parking facility knows or has reason to know that criminal activities are occurring or are
about to occur. Previous experience with criminal activities within the premises such that
there is a likelihood of critninal conduct shall deemed foreseeable.

SEC. 36, Liability of Valet Parking Services. Other provisions of law
notwithstanding. a contract of deposit is created between the owner of a vehicle and the
owner and/or administrator of the parking facility in cases of valet parking,

Such relationship is created when the owner of the automobile transfers possession
and control of the automobile 9 the owner and/or administitor of his designated
employees for the purpose of securing parking o! the vehicle.

The degree of care of the owner and/or adrninistrator of the parking facility shall be
that required of a good father of a family in the safekeeping and return of the vehicle

SEC. 37. Knowledge of Contents of Vehicle Required for Liability by Vaiet Parking
Services. — Owners andor administrators of valet parking services for bire are not liable
for the contents thereof untess the depositary has actual or constructive knowledge ar
notice as to such contents.

SEC. 38, Presuniption of Negligence. in all actions by a depositor against a
depositary owner and/or administrator of valet parking services for loss or damage lo
Personal property, proof by the depositor that the property was delivered to the depositary
or his designated employees in good condition and that il was retumed in a damaged
condition. shall constitute prima facie evidence that the depositary was negligent

CHAPTER 8 —- MI

SELLANEOUS PROVISIONS.

SEC. 39. Enforcement. Tee DOTC shall enforce this Act. Any complaints alleging
violations of this Act shall be filed with the DOTC and shall be subject to its implementing
rules and regulations as well as the Rules of Couit in case of appeal,

SEC. 40, Separobility Clause. — In the event that any provision of this Act is declared
unconstitutional, invalid, or illeyal, the constitutionslity. validity, or legality of the
remainder of the provisions of this Act shall not he affected thereby.

SEC. 41. Repealing Clause. - All laws. presidential decrees. letters of instructions,
executive orders, administrative orders, rules. regulations, and other issuances or parts
thereof which are contrary to or inconsistent with the provisions of this Act are hereby
revoked, repealed, or modified accordingly.

SEC. 42, Effectivity. — ‘Vhis Act shall take eflect fifteen (15) days following the
completion of ils publication in any two (2) national newspapers of general circulation

Approved,...

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