Source: Public Relations and Information Department

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House unfazed by SC ruling vs. free parking in malls
11 October 2009 02:04:46 PM
Writer: Office of Rep. Joseph Santiago

House members have launched a fresh push for the passage of new legislation that would expressly enable the costumer’s right to free car-parking spaces in shopping malls.

Catanduanes Rep. Joseph Santiago said the recent Supreme Court upholding the prerogative of mall owners to exact parking fees from patrons "has merely underscored the need for a new law clearly mandating free parking" in commercial establishments.

"We really have to amend the Building Code so it would categorically declare that parking spaces should be extended free of charge to shoppers," Santiago said.

Santiago rejected the argument put forth by mall owners that "parking without any charge would encourage everybody to avail of the (parking) spaces," and unduly inconvenience legitimate shoppers.

"That's ridiculous. A number of malls are already extending free parking to customers once they are able to present validated parking tickets showing that they made a purchase in the establishment," Santiago pointed out.

In a ruling earlier this month, the Supreme Court affirmed a decision by the Makati City Regional Trial Court favoring the right of mall owners to collect parking fees from customers.

The Office of the Solicitor General had sought to reverse the trial court's ruling, arguing that a logical interpretation of the Building Code suggested that malls are obliged to offer free parking to patrons.

Santiago is author of a bill that seeks to compel shopping malls and other commercial establishments to make free parking available to patrons.

Representatives Manuel Zamora (Compostela Valley), Faysah Dumarpa (Lanao Del Sur), Vincent Garcia (Davao City), Marcelino Teodoro (Marikina City), Trinidad Apostol (Leyte), and Lorna Silverio (Bulacan) have separately filed six other bills seeking to require free parking in malls.

"We find it absolutely wrongful that malls have practically built whole new businesses based solely on making money out of their parking services that ought to be freely granted to customers," Santiago said.

Under House Bill 1783, authored by Santiago, shopping centers, hotels, commercial arcades and similar establishments would be forbidden from imposing parking fees.

The bill seeks to amend the Building Code, which requires establishments to provide adequate parking spaces, but does not explicitly state whether or not such facilities should be extended at no extra cost to patrons.

Under the bill, a business establishment that collects, imposes, or exacts any fee for the use of parking spaces would be penalized with a fine of up to P500,000 per violation. The owner and/or operator of the establishment would also face up to five years in prison.