To protect the interest and promote the general welfare of the consumers, Davao City 1st Congressional District Rep. Paolo Duterte and Beguet Rep. Eric Yap had filed a proposed measure seeking to rationalize and standardized parking rates across all establishments depending on their nature, thereby protecting consumers from unscrupulous parking fee collection.
House Bill No. 5671, also known as the Parking Operations and Fees Regulation Act, aims to regulate the operation and imposition of fees for the use of parking spaces and parking facilities in various establishments such as to accommodation, commercial services, food services, health services, retail services, educational institutions including independent parking enterprises and prescribing penalties for its violators.
The two lawmakers explained that it is the policy of the State to prioritize public safety and public welfare, as well as to protect the interest and promote the general welfare of consumers while allowing reasonable return on investment.
“Towards this end, the State shall promulgate measures that will protect consumers who avail of parking facilities offered by business operators from unreasonable parking rates and fees,” Duterte stressed.
Duterte added that given the rise in the number of motor vehicles in the country, including the return of onsite or face-to-face transactions, parking spaces becomes a basic amenity once a driver, or in a general sense, a customer visits particular establishment, which include but are not limited to, shopping malls, hospitals, schools, restaurants, and other commercial buildings.
Yap, meanwhile, said that while a number of consumer-friendly establishments do not charge its customers with parking fees, some charge theirs with unreasonably expensive parking fees. This generally results to the confusion of consumers on parking fees which may vary among establishments even those having the same nature or business.
“The absence of such legislations regulating parking fees, the parking operators continue to exhibit anti-consumer practices since consumers are left with no choice but to enter these adhesive contracts. In addition to the collection of these exorbitant parking fees, the operators also exercise the waiver of liability which absolves them from the damage or loss of motor vehicle that is entrusted under their wing despite their costly charges to its customer,” Yap pointed out.
The measure covers all parking facilities of covered establishments for all types of vehicles such as but not limited to bicycles, motorcycles and automobiles.
Any establishment or person who violates the provisions the HB5671would be fined with not less than P100,000 but not more than P300,000 per customer that is charged with a fee beyond the maximum rates imposed under the measure, or a suspension or cancellation of business permits and licenses or both, depending upon the discretion of the court.