'!,P,r_,
Republic of tie Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HouseBi|iNo.8053
Introduced by Representative Midy N. Cua
Lone District, Quirino
•S.."BMyE#¢;
AN ACT
REGULATING THE OPERATIONS AND IMPOSITION OF FEES FOR THE USE 0F
PARKING SPACES AND PARKING FACILITIES IN VARIOUS HSTABLISHMHNTS SUCH
AS TO ACCOMMODATION, COMMHRCIAL SERVICES, FOOD SERVICES, HEALTH
SERVICES, RETAIL sHRvlcns, EDuCATloNAL INSTITUTloNs INCLUDING
INDEPENDENT PARKING ENTERPRISES AND PRESCRIBING PENALTIES FOR
VIOLATIONS THEREOF
EXPLANATORY NOTE
Car  brands  catering  to  the  Philippine  market  have  reported  a  steady  increase  in  the  demand  for
vehicles,  referring  to  their  increasing  sales.  With  more  cars  in  the  country,  the  issue  of paLrking
remains.  Limited  spaces  for parking partnered with  a  lack of plarming of establishments  can  make
Filipinos vulnerable to uureasonably exorbitant parking fees and charges.
Article 11 of RA No. 7394, or the Consumer Act of the Philippines, declares it the policy of the  State
to  "protect  the  interest  of the  consumers,  promote  the  general  welfare  and  establish  standar.ds  of
conduct for business and industry." Thus, it is in the interest of the state to ensure that their interests
are prioritized.
As of wiiting` parking establishments have freedom to charge exorbitant rates for parking, as well as
freedom  from  liability  in  case  a  crime  happens  or  a third  party  causes  damage  to  property  occur
within their premises by including a general waiver of liability in their parking tickets. These make it
difficult to protect consumers against crimes such as the basag-kotse, a criminal act in which an actor
smashes a car's windshield or windows to  steal valuables from inside the car. When these types of
crimes occur, it is difficult for law enforcement to apprehend the people responsible because pairking
establishments fail to cooperate.
Previously passed on the third reading of the  18th Congress, this bill seeks to establish a balance that
will  allow  parking  enterprises  a  reasonable  I.etum  on  their  capital  while  adequately  protecting
consumer interests. Parking establishments, whether they are operated by public or private enterprises
may charge ceiling rates, overnight parking fees, and lost parking ticket fees as provided under this
bill.  At  the  same  time,  these  establishments  are  required  to  provide  adequate  infrastructure  and
security  for the protection of their patrons.  They  shall  be mandated  to provide  security and record
videos    using   closed-circuit   television   cameras.    Upon   the   occurrence   of   a   crime,    covered
establishments are mandated to render immediate assistance and allow access to the footages ltd the


victim and law enforcement agencies. Onerwise, they shall be held liable for dainages as well ias for
obstruction of justice under Presidential Decree No.  1829.
Additionally, covered establishments shall be prohibited from  invoking the waiver of liability in case
of loss  of property  or  danage  to  the  vehicle.  They  shall  be  responsible  for  the  safety  of  their
customers  and  shall  be  liable  for  damages  or  loss  of the  vehicle  while  duly  parked  within  their
establishment.
This  measure  was  previously  filed  in  the  l8th  Congress  by  Representatives  Way  Kurat  Zanora,
Manuel  Luis  T.   Lopez,  Robert  Ace  S.   Barbers,  Joy  Myra  Salvador-Tambunting,  Rodante  D.
Marcoleta.  Allan Benedict  S.  Reyes,  Precious  Hipolito  Catelo,  Bemadette  "BH"  Herrera-Dy,  Wes
Gatchalian,  Micaela  S.  Violago,  Gavini  "Apol"  C.  Pancho,  John  Marvin  "Yul  Servo"  C.  Nieto,
Romulo "Kid" Pefia, Jr., Evelina G. Escudero, Rowena Nifia 0. Taduran, Marissa Andaya, Al fr.ed C.
Delos  Santos.  Eurico  A.  Pineda,  Yedda Marie  K.  Romualdez,  Isidro  T.  Ungab,  Florida  "Ridia"  P.
Robes, Edgar S. Sarmiento, Geraldine 8. Roman, Deogracias Victor "DV" 8. Savellano, "Kuya" Jose
Antonio  R.   Sy-Alvarado,  Alfred   Vargas,  Angelo  Marcos  Barba,   Michael   Odylon   L.   Romero,
Ferdinand Martin G.  Romualdez,  Tyrone D.  Agabas,  Joseph  Stephen  S.  Paduano,  Joh Reynald M.
Tiango, Joselyn P.  Tulfo, Jesus Crispin  S.  Remulla, Anthony Peter "Onyx" D. Crisologo, Lorna C.
Silverio, Eric L. 0livarez, Manuel T. Sagarbarria, Jake Vincent Villa, Manuel D. Zubiri, Leonar.do L.
Babasa,  Jr„  Teodorico  T.  Haresco,  Jr.,  Jesus  "Bong"  C.  Suntay,  Canille  A.  Vi]lar,  Gabriel  H.
Bordado, Jr.,  Xavier Jesus  D. Romualdo,  ., Emmarie "Lolypop" Ouano-Dizon, Franz "Chichoy" E.
Alvarez, Rosanna "Ria" Vergara, Braeden John Q. Biron, Ma.  Theresa V. Collantes, Alan Ty,  John
Miachel  R.  Dunvit,  Kristine  Singson-Meehan,  Eirco Aristotle C.  Aumentado,  Luis N.  Campos,  Jr.,
Julienne "Jam" L. Baronda, Leo Rafael M.  Cueva,  Strike 8. Revilla, Junie E. Cua, Elisa "Olga" T.
Kho,  Erie  M.  Martinez,  Jose  Enrique  "Joet"  S.  Garcia,  Ill,  Francisco  Jose  "Bingo"  F.  Matugas,  11,
CPA, CESO, LLB, Rogelio D. Pacquiao, Marisol C. Panotes, Antonino G. Calizto, Jumel Anthony I.
Espino,  Mark 0. Go, Alfredo A.  Garbin, Jr., Christian S. Unabia, Shirlyn Bafias-Nograles, Sabiniano
S. Canaina, Sharon S. Garin, Roger G. Mercado, Shemee A. Tan, Elizaldy S. Co, and Stella Luz A.
Quimbo as authors thereof.
In view of the foregoing, approval of this measure is earnestly sought.
2


Republicofchephilippines
HOUSE OF REPRESENTATIVHS
Quezon City, Metro Manila
NINETEENTH CONGRE SS
First Regular Session
HouseBi||No.8053
Introduced by Representative Midy N. Cua
Lone Distrtet, QuiTirro
AN ACT
REGULATING THE OpHRATloNs AND IMroslTION OF FEHs FOR THE USE OF
PARKING SPACES AND PARKING FACILITIES IN VARIOUS ESTABLISHMENTS SUCH
AS TO ACCOMMODATION, COMMERCIAL SERVICES, FOOD SERVICES, HHALTII
SHRVICES, RETAIL SERVICES, EDUCATIONAL INSTITUTIONS INCLUDING
INDEPENDENT PARKING ENTERPRISES AND PRHSCRIBING PENALTIHS FOR
VIOLATIONS THEREOF
Be it erracted by the Senate and House Of Representatives Of the Philippines in Congress assembled:
I        SECTION  1.  S/iorr  rj.f/e.  - This Act shall  be  known  as  "Parking Operations  and  Fees  Regulation
2       Act."
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4        SEC.  2.  Dec/czrc7/7.o7?  o/Po/I.c);.  -It  is  the  policy  of the  State  to  prioritize  public  safety  and  public
5       welfare, as well as to protect the interest and promote the general welfare ofconsuners while allowing
6       reasonable  return on  investment.  Towards  this  end,  the  State  shall  promulgate  measures  that  will
7       protect  consumers  who  avail  of parking  facilities  offered by  business operators  from  uureasonable
8       parkingrates and fees.
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SI]C. 3. De/#z.fz.on o/re7'7#s. -As used in this ActO the following terns are defined as follows:
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12                        (a)  Accommoc7cr/i.o#  es/czb/isfemc#ts  refer  to  hotels,  motels,   hostels,   irms,  resorts,  lodging
13                              facilities and all other establishments that offer accommodation facilities for lease.
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15                       (b)  C'orporcrJe oj7jces or/crc!./i./z.es refer to all other public and private facilities that serve the
16                              general public which are not accommodation establishments, food service establishments,
17                              health   service   establishments   or  retail   establishments,   including  but  not  limited   to
18                              government and private offlces.
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20                       (c)  C'overecJ  es/clb/r.sfo7#e#ts  refer  to  accommodation  establishments,  corporate  offices  or
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facilities, food service establishments, health service establishments, retail establishments
and  all  other  similar  establishments,  whether  govemment~owned  or  privately  owned,
including  independent  parking  enterprises  that  charge  a  parking  fee  for  the  use  of its
parking spaces.
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(d)  C"s/omer refers to a person who avails of a good or service in a covered establishment for
which the parking space is primarily intended.
(e)  Ed"ccrfz.o#cr/ i.#S/i.f"/i.our refer to public or private schools,  including daycare or childcare
centers,  preschools,  nursery,  kindergarten,  elementary,  secondary,  tertiary  or  college,
higher   education   institutions,   universities,   training   institutions,   and   other   leaning
facilities providing formal and infomal edLLcation and training.
(f)   FoocJ servz.ce es/ab/I.sAmc#fs refer to restaurants,  food parks, or any other establishment
where   food   is   prepared   or   served,   which   are   independent   from   existing   retail
establishments.
(g)  fJec7//fe  serv!.ce  es/czb/I.sAme#/£  refer  to  hospitals,  clinics  and  other  establishments  that
provide health services, which are independent from existing retail establishments.
(h)  /#cJepe;ccJe#f pczrd.»g e#ferpr;.sef refer to establishments,  whether government-owned or
privately  owned,  whose  primary  business  is  to  provide  parking  spaces  and  charge  a
corresponding parking fee for its use.
(i)   Pc7rfe.#g  c/i.e#r  refers  to  a  person  who  does  not  avail  a  good  or  service  in  a  covered
establishment and solely avails the use of a parking space in a covered establishment.
¢)   Pc!rfe.#g/ee  refers  to  the  amount  paid  or  charged  for the  use  of a parking  space  in  a
covered establ ishment.
(k)  Re/ar./  es/c7b/I.s¢me#/s  refer  to  establishments  open  to  the  general  public  or  selected
members of the general public for the sale of gcods and services, including but not limited
to, shopping malls, retail stores, supermarkets, shops, and other similar establishments.
SHC. 4. Covercrge o/ffoz.s 4c/. -This Act shall cover all parking facilities of covered establishments for
all types of vehicles such as but not limited to bicycles, motorcycles, and automobiles.
Nothing in this Act shall prevent covered establishments from not charging any parking fee or
34       charging less than the maximum rates imposed herein.
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SEC.  S.   Provision   Of  Parking   Spaces   and   Regulation   Of  Parking   Fees  for   Health   Service
ES/clb/I.£feme#ts.  - Health service establishments are encouraged to offer their parking spaces to their
customers free of charge.
Health service establishments shall provide free parking for confined patients and out-patients
who avail of medical services: Provz.ded, That the confined patient or out-patient shall pl.ovide proof
of confinement or that medical services were indeed availed of respectively: Provz.cJed, /wr/feer, That
each patient can only avail one ( 1 ) free parking slot per day.
For parking clients, the maximum parking fee that health service establishments may impose
shall be Twenty pesos (P20.00) per hour.
EEC.   6.   Provision   Of  Parking   Spaces   and   Regulation   Of   Parking   Fees   in   Accorrmodation
EF/czb/i.^Thoe#ts. -Accommodation establishments are encouraged to offer their parking spaces to their
customers free of charge.
Accommodation establishments shall provide free parking for their customers : Provided, That
53       customers shall provide proof of transaction with the accommodation establishment.
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For  parking  clients,  the  maximum  parking  fee  that  accommodation  establishments  may
impose shall be Thirty pesos (P30.00) per hour.
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S       S;HC. ]. Provision of parking spaces and Regulation of parking Fees in Food service Establishments.
6       -Food service establishments are encouraged to offer their parking spaces to their customers free of
7       charge.
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9                      Food service establishments shall provide free parking for their customers for the first two (2)
10       hours:   Provz.c7ed,   That   customers   shall   provide   proof   of   transaction   with   the   I`ood   service
11        establishment:  P7.ovjded, rtyr&fecr,  That  if a customer exceeds the  grace period of two  (2) hours,  the
12       maximum parking fee that may be imposed by any food service establishment shall be Twenty pesos
13        (P20.00)perhour.
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15                      For parking clients, the maximum parking fee that food  service establishments  may impose
16        shall be Twenty pesos (P20.00) per hour.
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FSHC. 8. Provision Of Parting Spaces and Regulation Of Parking Fees for Educational Institutions. ~
Educational  institutions  are  encouraged to provide their parking  spaces  free of charge.  Educational
institutions shall provide free parking spaces for officials, employees, faculties, students, and guests:
P7'ovj.cJed, That necessary identification cards are presented.
For parking clients, the maximum parking fee that educational institutions may impose shall
be Twenty pesos (P20.00) per hour.
EEC. 9. Provision Of Parking Spaces  and Regulation Of Parting Fees for  Retail  Establishments. -
Retail establishments are encouraged to offer their parking spaces to their customers free of charge.
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29                      Customers of retail establishments shall be allowed to park free of charge for a maximum of
30       two  (2)  hours  only:  Prow.dccJ,  That  such  customers  shall  provide  proof that  at  least  One thousand
31       pesos (P1,000.00) worth of products or services, in not more than two (2) transactions, were purchased
32       in such establishments. Ifa customer exceeds the grace period of two (2) hours, the maximum parking
33       fee that
34       may be imposed by any retail establishment shall be Twenty pesos (P20.00) per hour but not to exceed
35       One hundred pes{>s (P100.00) per day, except for those who will be subjected to the overnight parking
36       fee.
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38       EEC.  10.  Provisi,on  Of Parking  Spaces  arid  Regulation  Of Parking  Fees for  Corporate  Offices  or
39       F¢ci./I./z.es. -Corporate offices or facilities are encouraged to offer their parking spaces free of charge.
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41                       The maximum parking fee that c{>xporate offices or facilities may impose shall be Forty pesos
(P40.00)  for the  first four (4) hours  and  an  additional Twenty  pesos  (P20.00) per succeeding liour
thereafter, but in no case shall the parking fee exceed One hundred forty pesos (Pl 40.00) per day.
45       SEC.  \1.  Provision  Of Parking  Spaces  and  Regulation  Of Parking  Fees for  Independent  Parking
46       E#ferpri.ses. -For independent parking enterprises, the imposition of parking fees for the use of their
47       parking spaces shall be subject to the following:
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49                      (a)  Open   PHrkc.#g   Esrt.b/is*mcwts.   For   open   single-level   parking   establishments,   the
50                             maximum parking fee that may be imposed shall be Thirty pesos (P30.00) per vehicle for
51                              the  first three  (3)  hours  and  an  additional  Twenty  pesos  (P20.00)  per  succeeding  hour
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thereafter but not to exceed One hundred pesos (P100.00) per day, except for those who
will be subjected to the overnight parking fee.
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4                      (b)  Mzf/I#ev€/  P8rAf.„g  E»/taprtscs.  For  multilevel  parking  establishments,  the  maximum
5                              parking fee that may be  imposed shall be Forty pesos (P40.00) per vehicle  for the first
6                              three (3) hours and an additional  Twenty pesos (P20.00) per succeeding hour thereafter
7                              but not to  exceed  One hundred  pesos  (P100.00)  per day,  except  for those  who  will  be
8                             subjected to the overnight parking fee.
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10       SHC.12. Sgiveef pczrfu.#g I;'ee. -For enterprises or corporations who are duly authorized to provide and
11       regulate street parking, the maximum parking fee that may be imposed shall be Fifty pesos (P50.00)
12        perhour.
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SEC. 13. Over77j.gfe/ Pcrrti.#g Fee. - The maxinum overnight parking fee that may be imposed by any
covered establishment shall be One hundred fifty pesos (P150.00) per vehicle.
SEC. 14. £osf Pc]rfa.#g rj.cke/ Fee. -The maximum lost parking ticket fee that may be imposed by any
covered  establishment  shall  be  One  hundred  fifty  pesos  (P150.00)  per vehicle:  ProvJ.c7ec7,  That  the
owner is able to provide the necessary documents to prove his or her ownership of the subject vehicle:
Provided,  further,  That  covered  establishments  shall  refund  the  lost  parking  ticket  fee  when  the
customer returns or surenders the parking ticket or card within sixty (60) days  from the time they
used the parking facility.
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24       SHC.  15.  E]ci.ge"/  Cj.rcw"s/ci#ces.  -  In  case  of natural  disasters  such  as  floods,  heavy  typhoons,
25        earthquakes,  volcanic eruptions,  landslides,  and fires, covered establishments shall waive all  parking
26       fees   during  the   occurrence  of  the  natural   disaster.   Once   the  natural   disaster  ceases,   covered
27       establishments  shall  issue  a notice  posted  in three  (3)  conspicuous  places requiring the removal  of
28       parked  vehicles within twelve (12) hours.  Regular parking fees shall  be  imposed  for vehicles which
29       remain beyond the twelve (12) hour period.
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31        SEC.16. Profez.b!.fz.o#/o" /#vo*i.#g wtzj.vcr o/£i.¢bz./;.ty.  -Covered establishments shall comply with
32       the minimum standards for parking facilities.  They  shall be prohibited from invoking the waiver of
33        liability in case of loss of property or damage to the customer's or parking client's vehicle. They shall
34       only be liable for loss of property or damage to the customer's or parking client's vehicle upon proof of
35       failure to comply with the mininum standards required by this Act, negligence, want of care, or any
36       similar act showing that failed to provide safe and secure parking areas.
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38                      The  prohibition enunciated  in  the  immediately preceding paragraph shall  likewise apply to
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operators of independent parking enterprises.
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41                       Nothing in this Act shall prevent covered establishments from collecting damages from the
42       person primarily responsible for any injury to a customer or parking client, or damage or loss of their
43        vehicle.
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45       SHC. L].  Obligations  Of Customers  and  Parking Clients  in  using parking  Spaces  or  Facilities. -
46       Customers  and  parking clients  shall  observe the parking rules  and regulations  imposed  by covered
47       establishments  as  mandated  in  this  Act  and  should  only  park  in  designated  parking  spaces  of the
48       covered  establishment  that  they  will  particularly  visit,   do  business  with,   or  make   any  similar
4 9       transaction.
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51                       Customers shall provide any receipt of purchase of any amount or any proof of visit in the
52       establishment  before  paying.  This  is  to  avoid  overcrowding  of parking  areas  and  to  assure  that
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1        designated spaces  will  be  fully utilized by legitimate clients, visitors,  customers,  and  patrons of the
2       covered establishments.
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In the sane respect, customers and parking clients shall keep their receipt of erLtry and exit
from the covered establishments for better surveillance.
SHC.  18. A4l!.#j.mwm SfcwecJcrrds /or Par4z.#g Fcrci./jtz.es.  -All covered establishments charging parking
fees shall maintain the following minimum standards:
(a)  Customers and parking clients shall be issued a parking 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 or parking client is paying for;
(b)  Such number of closed-circuit television (CCTV) caneras as may be sufficient to monitor
all parked vehicles. Upon the occurrence of a crime, covered establishments shall, without
delay,   render   immediate   assistance   to   the   victim,   and   allow   the   victim   and   law
enforcement agencies access to the scene of the crime. Covered establishments shall also
give  the  victim  and  law  enforcement  agencies  copies  of  the  CCTV  fo()tage  which
captured the incident. Refusal to allow immediate access to the crime scene oi. give copies
of CCTV footages shall render the owner, operator, or manager of covered establishments
liable  for damages,  as well  as  for obstruction  of justice  under Presidential  Decree No.
1829;
(c)  Such number of security guards to monitor all parked vehicles;
(d)  Such number of entrance booths to prevent congestion in public roads and highways;
(e)  Such number of exit booths to prevent congestion within the parking lot;
(I)   A minimum of not less than four percent (4%) of the total parking slots per parking level,
in the most convenient and accessible location,  shall be reserved exclusively for Senior
Citizens and Persons with Disabilities (PWDs);
(g)  Minimum safety standards:
(i)   Necessary traffic safety signs;
(ii)  Pedestrians crossing signs and markings;
(iii) Speed bumps or rumble strips; and
(iv) The maximum speed  limit shall be  set at twenty kilometers per hour (20 kin/hr) to
ensure safety of all customers and parking clients.
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45        SEC.19.  Prow.s!.o# /or Bi.c}7c/e Pcrwh.#g.  -All  covered establishments  shall  install  a flxed  structure
46       that will serve as their designated bicycle parking areas. The number of allotted bicycle parking slots
47       shall be determined by concerned local government units (LGUs) in coordination with the Department
48       of Trade and Industry(DTI).
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50       SHC.  20. Pe#cr//i.eS.  - Any person or establishment who violates the provisions of this  Act shall be
51       fined with not less than one hundred thousand pesos (Ploo,000.00) but not more than Three hundred
52       thousand  pesos  (P300,000.00)  per  customer that  is  charged  with  a fee  beyond the  maximum  rates
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I        imposed herein, or a suspension or cancellation of business permits and licenses,  or both, upon the
2       discretion of the court.
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4       SHC. 21. /ap/eme#fz.#g R`w/es a#cJ Regri/a/i.our. -Within ninety (90) days from the effectivity of this
5       Act,  the  DTI  shall,  in  consultation  with  the  Department  of Transportation,  Department  of Public
6       Works and Highways, and Department of the Interior and Local Government, promulgate the rules
7       and regulations necessary to effectively implement the provisions of this Act.
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9                      The secretary of the DTl is authorized to review the applicability of this Act and to adjust the
10       parking fees as prescribed herein not oftener than once every three (3) years, taking into consideration
11        the cost of maintenance of parking facilities,  provision of security, real property taxes,  the inflation
12       rate and other operating expenses, but in no case shall parking fees be adjusted or increased by more
13        thanfifteenpercent(15%).
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15        SEC. 22. rrcr#sj./ory provisj.o#. -All covered establishments are given a period of six (6) months from
16       the  effectivity  of  the  IRR  of  this  Act  to  implement  the  necessary  logistical  and  technological
17        adjustments to comply with such ERR.
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19        SEC.  23. Sepczrc7bz./I.ty C/c!wse.  -If any provision  of this  Act  is  held  unconstitutional  or  invalid,  all
20       other provisions not aifected thereby shall remain valid.
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22       SEC.  24.  jicpecz/z.#g  C/czasc.  - All  laws,  decrees,  executive  orders,  presidential  decrees,  issuances,
23       letters of instruction, administrative orders, rules and regulations as well as local ordinances contrary
24       to  or  inconsistent  with  the  provisions  of  this  Act  are  hereby  repealed,  amended,  or  modified
25        accordingly.
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27       SEC. 25. EJffec/i.vj.fy C/aw,re. -This Act shall take effect fifteen (15) days after its publication in the
28       0#cz.cr/ Gczzc/fe or in a newspaper of general circulation.
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3 0                      Approved,
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