SIXTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPIN! )
First Regular Session )
2 tJaN_2015

HOUSE OF REPRESENTATIVES +
House Bill No. 5341

Introduced by REP. BEN P.
Lone District, Eastern,

‘ARDONE,
mar

EXPLANATORY NOTE

This bill intends to ensure the safety and security of persons and property in
pay-parking facilities in answer to calls to impose responsibility, and consequent
liability, upon pay-parking establishments.

Parking lots, among others, have become venues for commission of crimes,
especially those against persons (e.g. attempt at rape, homicide’’) and against
property* (e.g. car theft’),

According to PNP-Highway Patrol Group data, a significant number of
vehicles, mostly motorcycles, are stolen while parked (SWP), some to be used later
in the commission of graver offenses.°

For 2013 alone, it was reported that the PNP Highway Patrol Group recorded
a nationwide total of at least 5,438 stolen vehicles (i.e., motorcycles or motor
vehicles). Of these, 4,734, or 87.1%, are motorcycles and the remaining 704, or
12.9%, are motor vehicles, Out of the 4,734 motorcycles stolen, 3,734 or 78.9%
were taken while parked unattended, while out of the 704 motor vehicles stolen,
492 ot 69% were stolen while parked unattended.”

In some countries, measures have already been set in place to avert or
minimize criminal activities in parking facilities, which include those required in
Section 3 of this proposal

* _ http:/Awww.amanetwork.com/news/story/244206/ulatfilipino/balitangpinoy/bangkay-sa-loob-
na-trolley-bag-natagpuan-sa-naia-parking-lot

year-festivity

http:/www.amanetwork.com/news/story/245601/news/metromanila/tondo-gang-rape-victi

‘gays-suspects-were-high-on-solvent

http://www. philstar.com/headlines/2014/09/02/1364487 inbi-foils-car-bomb-attempt-nai



This bill proposes that pay-parking facilities’ owners and/or operators be made
responsible and civilly liable in case of death, physical injury or harm of persons
within the pay-parking facilities, as well as in theft, loss or physical damage to
vehicles and articles or objects therein.

Pay-parking facilities must comply with the following basic requirements
(Section 3):

1. Accreditation and permission from municipal or city LGU having territorial
jurisdiction over the parking facility concerned;

2. Clearly defined boundaries, ingress and egress, sufficient illumination in such
parking facilities; and

3. Installed CCTV system, with data recording and storage features

Under the bill, civil liability varies between a pay-parking establishment that
complies with Section 3 and one that does not, Thus:

For non-compliant parking establishment, the owner or operator may be held
liable:

1. Administratively, by fine ranging from P20,000-P100,000 collectible by
DOTC, without prejudice to fines of the same range collected by the LGU with
territorial jurisdiction over such parking facility;

2. Civil liability attaches upon the owner, operator, administrator in case of
death, physical injury or harm upon any person while in the parking facility

3, Civil llability also attaches upon the owner, operator, administrator in case
of loss, damage of the vehicle or theft of any article or object therein, even when
force majeure or an act of God is the cause of such loss or damage.

4, Civil liability for other forms of damages under the Civil Code may be
brought upon the parking facility owner, operator or administrator.

In case of compliance with Section 3 of this proposed bill, the owner, operator,
administrator shall be civilly liable only:

1. In case of death, injury or harm upon any person in the parking facility who
is not a trespasser. As to other persons, only upon proof of negligence shall the
owner, operator or administrator be liable.

2. In case of loss of the vehicle, the owner, operator, or administrator shall be
liable for the full market value of the vehicle. He may not be sued for other forms of
damages under the Civil Code;

3. In case of damage of the vehicle, the owner, operator, or administrator shall
be liable only to the extent of the damage

4. In case of theft, loss or damage of any article or object within the vehicle,
liability shall attach only when the owner, operator and/or administrator, his agent or

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employee have been notified of the presence of the article or object in the vehicle
and the market value of the same declared.

5. Liability is exempted in case of force majeure, or an act of God as a rule.

On this score, the immediate passage of this bill is earnestly sought.

BI ©EVARDONE


SIXTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES)
First Regular Se )

HOUSE OF REPRESENTATIVES
House Bill No, _OS41

Introduced by REP. BEN P, EVARDONE
Lone District, Eastern Samar
Oooo OO _

AN ACT
TO ENSURE THE SAFETY AND SECURITY OF PERSONS AND PROPERTY IN
PAY-PARKING FACILITIES, AND FOR OTHER PURPOSES

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

Section 1. Statement of Purposes. — This Act mandates the State to ensure the safety
and security of persons and property in parking lot facilities and imposes upon owners,

operators and/or administrators of pay-parking facilities direct responsibility therefor.

Section 2. Coverage. — The provisions of this Act shall cover all parking facility

services for a fee, including valet parking and government parking facilities operated and

maintained in a private capacity for a fee,

Section 3. Duty of Parking Lot Service Providers. — No person, natural or juridical,
shall operate and maintain a parking facility for a fee unless the following requirements are

complied with:

a. Such person must be duly accredited and permitted to provide parking facility
services for a fee by the municipal or city government unit having territorial
jurisdiction over the parking facility in accordance with this Act, its implementing
rules and regulations and other relevant laws, rules, regulations, and ordinances of

the municipal or city government concerned;

b. He must have a parking space or facility with a clearly defined boundary, ingress

and egress, and sufficient illumination, duly approved by the municipal or city

government having territorial jurisdiction over such facility, in accordance with

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the rules and regulations of this Act, relevant laws, rules and regulations, and

ordinances of the approving municipal or city government concerned

c. He must have a Closed Circuit Television (CCTV) System which complies with
the requirements provided by the Department of Transportation and
Communication (DOTC) and Commission on Information and Communications

‘Technology (CICT), pursuant to the implementing rules and regulations of this

Act and relevant legislation. It shall be understood that a closed circuit televisii

system includes equipment for monitoring of activities within the parking facil

data recording and storage,

‘The Implementing Rules and Regulations of this Act shall provide for the fines to be
imposed upon parking facilities operating for a fee in violation of this Section.

Without prejudice to fines and penalties of the same range that the municipal or city
local government having jurisdiction over the parking facility may impose pursuant to a local
ordinance, such fines shall be at least P20,000 but not more than P100,000 per day of
violation provided: the Department of Transportation and Communication (DOTC) shall be
tasked to monitor compliance and collect such fines after due notice and hearing, pursuant to

the implementing rules and regulations of this Act.

Section 4, Liability In Case of Death, Physical Injury or Harm Within Parking

Facility. — An owner, operator and/or administrator of parking facility for a fee shall be

civilly liable for any death or physical injury or harm inflicted upon any person within the

parking facility.

An owner, operator and/or administrator of a parking faci

ity which complies with
Section 3 hereof shall be civilly liable only when the victim is not a trespasser, unless

negligence is attributable upon such owner, operator and/or administrator, or his agent or

employees.

Such liability may be excused upon proof that the death, physical injury or harm was

due to natural cause/s or due to force majeure or an act of Act of which the owner, operator,


administrator, his agent or employee could not prevent without harm to himself or his agent

or employee.

‘The owner, operator and/or administrator shall have the right to determine who may
be considered a trespasser in accordance with the guidelines set forth in the rules and

regulations of this Act.

Section 5. Obligation of Parking Facility Owner, Operator, Administrator. — Every
owner, operator and/or administrator of a parking facility for a fee shall exercise reasonable
diligence in the safety and protection of persons and property under his control, What is
reasonable shall be determined in the rules and regulations of this Act, taking into account the
nature of the parking service contract, location and similar circumstances peculiar to a
specific parking facility.

Section 6, Liability of Parking Facility Owner, Operator, Administrator Where
Section 3 ix Violated, — Where thett, loss, physical damage of the vehicle or any article or

object therein occurs and the parking facility operates in violation of Section 3 hereof, the

owner, operator and/or administrator of the parking facility is civilly liable for the full market

value of the vehicle, of object or article stolen or lost, or the extent of the phys

cal damage,

without prejudice to claims for damages arising from breach of contract under the Civil Code.

‘The owner, operator, administrator of the parking facility operating in violation of
Section 3 hereof shall be liable on account of theft of any article or object taken from the
vehicle within the parking facility upon proof of sufficient evidence of existence of such
article or object in the vehicle at the time of theft, even in the absence prior notification of the

presence of such article or object stolen and market value of the article or object stolen,

Force majeure or an act of God shall not exempt from liability the owner, operator

and/or administrator of a parking facility operating in violation of Section 3 hereof.

Section 7. Liability Where Section 3 Complied. — Where the parking facility
complies with Section 3 hereof at the time the theft, loss, or physical damage occurs, the
owner, operator or administrator thereof shall be liable under this Act only for the full market

value of the vehicle, object or article stolen or lost, or the extent of the physical damage.


‘The owner, operator, administrator of the parking facility shall only be fiable on
account of theft of any article or object taken from the vehicle wi

in the parking facility

when the owner, operator, administrator, his agent or employee has been duly notified of the

presence and market value of the article or object stolen.

The owner, operator, administrator of the parking facility who complies with the
provisions of Section 3 hereof shall not be liable for the loss or physical damage of the
vehicle or any article or object therein due to a force majeure or an act of God which cannot
be averted or prevented:

1. Without the owner, operator or administrator expending an amount equal to or
greater than the market value of the vehicle or any article therein that was lost or
physically damaged; or

2. Without the owner, operator, administrator, or his agent or employee

unnecessarily endangering his life and limb.

Section 8. Prohibition Against Waiver of Liability. — Waiver of

Section 4 hereof shall be void, unless the following concur:
‘The waiver of liability must be stated in clear and unambiguous terms;

b. The waiver of liability must be pursuant to an agreement for a consider:

¢. The waiver must not be contrary to existing national or local government policy or
ordinance; and
d, The waiver must refer only to limitation of liability in case of accommodation

parking, free parking and similar instances.

Section 9, Applicability of the Civil Code. — All matters not herein provided shall be
governed by the applicable provisions of the Civil Code and the Rules of Court.

Section 10. Jmplementing Rules and Regulations; Contents, —

Within sixty (60)
days from the effectivity of this Act, the Interior and Local Government (DILG), in
consultation with the Department of Department of Transportation and Communication
(DOTC), the Philippine National Police (PNP), the Commission on Information and
Communications Technology (CICT), and appropriate national government agencies, shall
promulgate the rules and regulations of this Act. The consultation shall include concerned
local government units (LGUs) represented by the National Presidents of their respective

League of Municipalities and League of Cities, and private stakeholders. Such rules and
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regulations shall take effect upon publication in at least two (2) national newspaper of general

circulation,

b.) The implementing rules and regulations shall provide, among others, the formula
for computing the reasonable and affordable amount of fee to be imposed for parking
services, taking into account the nature of the contract, location or site of the parking area,
cost of operation and maintenance of the parking service, and related cireumstan

Section 11. Separability Clause, — Whenever any item or provision in this Act is
declared unconstitutional, in whole or in part, such item or provision not affected thereby

shall remain in force,
Section 12. Effectivity Clause. — This Act shall take effect on the day following its

publication in at least two (2) national newspapers of general circulation or in the Official

Gazette, whichever comes earlier.

Approved