Makati Private Pay Parking Ordinance

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REPUBLIC OF THE PHILIPPINES

SANGGUNIANG PANLUNGSOD
CITY OF MAKATI

PRESENT:

Vice Mayor ERNESTO S. MERCADO - Presiding Officer


Councilor ISRAEL S. CRUZADO
“ FERDINAND T. EUSEBIO
“ ERLINDA S. GONZALES
“ OSCAR M. IBAY
“ DIVINA A. JACOME
“ RICARDO S. JAVIER
“ FRANCISCO Z. LICHAUCO
“ ROMEO C. MEDINA
“ SALVADOR D. PANGILINAN
“ NELSON S. PASIA
“ ASTOLFO C. PIMENTEL
“ LIBERATO G. SIARON
“ ELIAS V. TOLENTINO, JR.
“ JOHNNY S. WILSON
“ MONIQUE YASMIN Q. LAGDAMEO - SK President

ABSENT:

Councilor JEJOMAR ERWIN S. BINAY, JR.


“ RICO J. PUNO
“ RODOLFO F. SESE - ABC President

By unanimous vote of the members present, the following City Ordinance was enacted on third and final
reading:

CITY ORDINANCE NO. 2001-096

Authors: Vice Mayor E.S. Mercado, Councilors J.S. Wilson, O.M. Ibay,
R.C. Medina, L.G. Siaron, I.S. Cruzado, F.T. Eusebio, E.S. Gonzales,
D.A. Jacome, F.Z. Lichauco, N.S. Pasia, A.C. Pimentel, R.J. Puno,
R.F. Sese and M.Y.Q. Lagdameo

AN ORDINANCE HOLDING THE OWNERS, ADMINISTRATORS OR


OPERATORS OF PRIVATE PAY PARKING AREAS IN THE CITY OF
MAKATI LIABLE FOR THE LOSS OF OR DAMAGE TO VEHICLES
THEREOF WHILE PARKED INSIDE THE PRIVATE PAY PARKING AREAS
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF, SUBJECT TO
ALL LEGAL AND EXISTING RULES AND REGULATIONS.

WHEREAS, private pay parking areas are places intended for and restricted to the use of paying patrons
for parking of their motor vehicles;

WHEREAS, for the purpose of this ordinance, private pay parking area is not only limited to multi-level
structure or building with parking spaces available on every floor, but also to private parking lots;

WHEREAS, owners or drivers of vehicles doing business, shopping or reporting to work within the City
usually parked their vehicles in these supposedly secured private pay parking areas;

WHEREAS, owner/s or driver/s of vehicles choose to park their vehicles inside these pay parking spaces
for security purposes and protection against damage and weather; thus, they felt betrayed and dismayed
once they found out that their vehicles are lost or damaged;

WHEREAS, owner/driver of a vehicle upon entering a private pay parking area is given a controlled
receipt as proof of entrance that will be surrendered upon exit and payment of the parking fee;
WHEREAS, private pay parking receipt usually contains a no responsibility clause for loss or damage to
the vehicle while parked inside the parking space;

WHEREAS, damage to or loss of vehicle, intentionally or by accident, often leaves the driver or owner
thereof in the dark while trying to find out the person/s responsible therefor;

WHEREAS, loss of vehicle or damage thereto while parked in private pay parking area had been noted
in other cities, with unconfirmed reports in the City of Makati;

WHEREAS, while it may be true that some vehicles are covered by comprehensive insurance policies,
which include loss and own damage clause, it is also a fact that majority of the vehicles are only covered
with third party liability (TPL) insurance policies as required by the Land Transportation Office (LTO);

WHEREAS, the Sangguniang Panlungsod ng Makati sees the need of enacting an Ordinance to protect
the interests paying clients of private pay parking areas.

NOW, THEREFORE, BE IT ENACTED, AS IT IS HEREBY ENACTED, BY THE


SANGGUNIANG PANLUNGSOD OF MAKATI, BY VIRTUE OF THE POWERS VESTED IN IT
BY LAW, IN SESSION ASSEMBLED, THAT:

Section 1. Owners, administrators or operators of private pay parking areas in Makati are hereby held
liable for the loss of or damage to vehicles while parked inside the private pay parking areas.

Section 2. Every violation of this Ordinance shall be penalized with a fine of Five Thousand Pesos
(P5,000.00), without prejudice to the cancellation of the business permit and/or license issued by the
Makati City Government.

Section 3. If, for any reason, any provision of this Ordinance is declared invalid or unconstitutional,
other sections or provisions thereof shall remain in full force and effect.

Section 4. All Ordinances, rules and regulations inconsistent with the provisions hereof are hereby
repealed or amended accordingly.

Section 5. This Ordinance shall take effect fifteen (15) days after its publication in a newspaper of local
circulation.

ENACTED BY THE SANGGUNIANG PANLUNGSOD OF MAKATI, METRO MANILA, in its


regular session held on October 16, 2001.

Certified true and correct by:

ROGELIO U. MARASIGAN
Sangguniang Secretary

Attested by:

ERNESTO S. MERCADO
Vice Mayor & Presiding Officer

APPROVED:

JEJOMAR C. BINAY
City Mayor

/etc

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