Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

House Bill No, 0098

Introduced by Honorable Sherwin T. Gatchalian

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 cyesores 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 Offieeto verily the public



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

House Bill No. 5098

Introduced by Honorable 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

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

SECTION 1, Short Title, - This Act shall be known as the “Proof-of-
Parking Space Act.”

EC, 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,
provide safe and uncluttered pathways where people may freely walk through
to their destinations, and maintain a clean and healthy environment by
clearing the streets of parked motor vehicles and other clutter that reduce the

space for ongoing human and vehicular traffic.


SEC. 3. Scope and Application; Proof-of:Parking Space or Facility.

Any person, whether natural or juridical, with residence or business address in
Metro Manila who intends to purchase a motor vehicle, shall be required to
execute an alfidavit 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.

hall be
presented to the Land Transportation Office (LTO) as a pre-requisite for

The affidavit executed by the prospective buyer of motor vehi
registration.
SEC. 4. Responsibility of Prospective Buyer of Motor Vehicle. — No

motor vehicle may be legally conveyed 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 spa

r facility already ¢
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
s 171 and 172 of the Revised

statements made in his affidavit under Art
Penal Code.

SEC. 5. 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 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. 6. Local Government Units and Citizen Patrol. - Any concerned
individual may report to the LTO, Metropolitan Manila Development Authority
(MMDA), or the engineering office of the local government unit (LGU) concerned

stree

the existence of motor vehicles which are parked on the

s, alleys or

pathways primarily used for pedestrian and motor vehicle traffic. Authorized
personnel of the LTO, MMDA, LGU engin

agencies shall conduct periodic ocular inspection for the purpose of strictly

and law enforcement

cering off

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 non-existence of a

permanent parking space or facility for a registered motor vehicle.

SEC. 7. Penalties. - A motor vehicle registration

ed to an owner,
whether natural or juridical, which has been fraudulently obtained from the
LTO by making untrue claims in the public document executed for the purpose
of complying with the requirements under Section 3 of this Act indicating that
an adequate parking space or facility exists for a motor vehicle, shall be
revoked and the motor vehicle owner shall be suspended from registering a
motor vehicle under his name for a period of three (3) years and imposed a fine
in the amount of Fifty Thousand Pesos (P50,000.00) for every violation of the
provisions of this Act.

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. 8. Implementing Rules and Regulations, - Within ninety (90)
days from the effectivity of this Act, the Secretary of Transportation and
Communication, in consultation with the Secretary of the Interior and Local
Government, the Chairperson of the MMDA, the agency head of LTO and
representatives from the LGUs in Metro Manila shall promulgate the rules and

regulations for the effective implementation of this Act.

utive

SEC. 9, Repealing Clause. - All laws, presidential decrees, ex

orders, memoranda, rules and regulations contrary to or inconsistent with the

provisions of this Act are hereby repealed, amended or modified accordingly.

. 10. Separability Clause. ~ If any part or provision of this Act is
di

red unconstitutional or invalid, the remaining parts or provisions not

affected shall remain in full force and e:

SEC. 11, Effectivity. - This Act shall take effect fifteen (15) days after its
culation.

publication in the Official Gazette or in a newspaper of general ci

Approved,