NEWS: Ban on parking fees pushed

**coiter** · February 11th, 2011 03:33 PM

Originally Posted by Mguy

This is veeeery old news.

Naku, may senate hearing pa nga dati yan eh, headed by Enrile. Ayun, tumahimik pagkatapos na binayaran ng mga mall kings and queens. La nanyari. Tumaas pa nga singil ng mga malls eh.

onga. mukhang di pa nagbabayad ng 'annual maintenance fee' ang mga malls sa mga tongressman kaya ihaharass na naman sila

**Monseratto** · February 11th, 2011 03:40 PM

Si late Sen. Rene Cayetano ang nagpasenate hearing "in aid of legislation".

http://www.philstar.com/Article.aspx?articleId=87839

Collection of parking fees in malls illegal, Senate says
by Efren Danao (The Philippine Star) Updated May 04, 2000 12:00 AM

The collection of parking fees by shopping mall owners is illegal, the Senate committees on justice and human rights and on trade and industry declared yesterday.

The two committees, headed by Sen. Renato Cayetano and Sen. Ramon Magsaysay Jr., respectively, urged the Office of the Solicitor General to initiate the necessary action to stop mall owners from collecting parking fees, as well as enforce the penal sanction provisions of the National Building Code.

"Consumers with cars will find relief once the Sol-Gen (Solicitor General) gets the needed injunction to stop mall owners from collecting parking fees," Cayetano said.

The report of the two Senate committees also urged the Solicitor General to study how vehicle owners could get refunds for the parking fees paid to mall owners.

"After a review of the existing law and studying the position papers submitted by owners of shopping malls, we find that there is no legal basis and jurisdiction for their collection of parking fees from customers," Cayetano said.

Robinsons had argued before the committees that while the National Government Code called for the provision of parking space, the law did not say that the building owner must provide the parking space free of charge.

Ayala Land, on the other hand, argued that its ownership of land used as parking space is the legal basis for their collection of parking fees. It claimed that its article of incorporation authorizes it to operate car park facilities. SM Prime Holdings advanced the same argument.

The shopping mall owners also said expenses for operating parking facilities like lighting security, insurance, permits, sanitation and maintenance should be borne by consumers.

Cayetano noted that while the National Building Code is silent on parking fees in malls, the committees believe that the Code intended parking to be free of charge.

"The committees recognize that expenses are entailed in operating parking facilities. However, there is no national basis on how parking rates are determined," he said.

He pointed out that ShoeMart charges P20 for the first three hours and P10 for every succeeding hour, Shangri-La charges a flat rate of P30, while Rustan's charges P15 for the first three hours and P10 for each succeeding hour.

"So, if mall owners decide to increase their parking rates anytime, they can validly do so without any limitations, let alone supervision and control by a government agency," the committees said.

**hausteam** · February 11th, 2011 03:57 PM

The Building Code Of The Philippines already stipulates parking requirements for all types of buildings. Hindi nga lang sinabi na kailangan libre.

Simple lang naman ito, dapat if the car owner can produce a minimum amount of reciepts of purchases on that day - dapat libre na parking. Otherwise, magbayad sila ng parking fee.

**jave** · February 11th, 2011 04:05 PM

Free parking?

Honestly, won't work. Garapal ang typical Pinoy eh, will always find ways to abuse anything free. Makikita mo yung mga taong medyo malapit sa mall, they'll turn the parking spaces into their personal garage.

I'd rather revise the "mall is not responsible, blah blah blah" thing. Instead of the mall being 'fully responsible' to everything, I'd rather make it this way.

1. They're fully responsible for the any motor vehicle loss or damage incurred due to faulty facilities, their own personnel or lack of security.
2. They're partially responsible for any major damage to vehicles in such a way that they should be fully liable to assist owner in tracking down the offender. if they do not provide enough assistance, then that's the time owner can press them to pay for the repairs.

**uls** · February 11th, 2011 04:13 PM

Originally Posted by jave

1. They're fully responsible for the any motor vehicle loss or damage incurred due to faulty facilities, their own personnel or lack of security.

higher operating cost for the mall

2. They're partially responsible for any major damage to vehicles in such a way that they should be fully liable to assist owner in tracking down the offender. if they do not provide enough assistance, then that's the time owner can press them to pay for the repairs.

higher operating cost for the mall

**uls** · February 11th, 2011 04:18 PM

let's say meron kayo friend nakipark ng car sa garage niyo for a few hours

while the car is in your garage, somebody broke in and stole it

your friend now demands you should pay for it

well?

**chrismarte** · February 11th, 2011 04:20 PM

dapat i-regulate na lang nila kung gusto talaga ni congresswoman makatulong.

**jave** · February 11th, 2011 04:26 PM

*uls:

Their profit margins can take a hit, for all i care, if it makes mall parking safer. I personally wouldn't mind paying for reasonably higher parking rates for peace of mind.

Maybe they can do a premium parking area or something.

**uls** · February 11th, 2011 04:42 PM

Originally Posted by jave

*uls:

Their profit margins can take a hit, for all i care, if it makes mall parking safer. I personally wouldn't mind paying for reasonably higher parking rates for peace of mind.

Maybe they can do a premium parking area or something.

they will not sacrifice profit margin believe me, they will simply charge more

if customers want safer parking, you're right, customers have to pay more

the malls can provide VIP parking where fees are in the hundreds of pesos or higher

a special floor sa carpark where there's dedicated security for every car

where no car is parked right next to another

parking space is really wide to prevent contact among cars

put a fence around each car, put lasers around the cars, password, fingerprint scan, retina scan, face recognition, voice recognition whatever

want premium service? pay for it

**wowiesy** · February 11th, 2011 04:43 PM

Originally Posted by Zeus

Ang problema baka gumawa ng bagong ruling ang mga city goverment na dapat may ample parking space kasama sa itatayong mall, bago sila bibigay ng permit

Not sure but yung parking issue can be required sa Building Code (in the same way ata na requirement na magkabit na ng elevator sa isang building kapag 5 floors and above ata)... so the law or the implementing rules may require a certain square meter of parking space, per square meter of shopping area...

ang hindi manilaw sa building code (kung meron man) ay kung allowed ba o hindi ang mall developer or mall management to charge for the parking space na required ng building code...