MANILA—Senator Aquilino “Koko” Pimentel III wants to make sure that the proposed proof-of-parking space law will stand constitutional scrutiny.
He raised the issue during Tuesday’s joint committee hearing with the local government, public services, and ways and means committees on Senate Bill 368, authored by Sen. Sherwin Gatchalian, and Senate Bill 679, authored by Sen. Bong Revilla.
“I want to cover all the bases 'yong bill requiring buyers of motor vehicles to also have parking spaces, so parang dinidikit na natin 'yong right to own motor vehicles sa requirement of property," said Pimentel, chairman of Senate committee on trade, commerce and entrepreneurship.
“I will ask some constitutional lawyers to study the constitutionality of this proposal… the fact that hindi ito requirement for millions who already have motor vehicles now and then we will make it an additional burden for them in the future,” he said.
Pimentel added: “I just want to make sure that we could hurdle the constitutionality issue."
Gatchalian’s bill covers the Metro Manila area and requires any person who intends to purchase a motor vehicle to execute a duly notarized affidavit attesting to the availability of a permanent or leased parking space or facility specifically intended for the vehicle to be purchased.
The affidavit shall be presented to the Land Transportation Office (LTO) as prerequisite for registration.
Revilla’s proposal, on the other hand, also covers other metropolitan areas such as Angeles, Bacolod, Baguio, Cagayan de Oro, Cebu, Dagupan, Davao, Iloilo, Naga, and Olongapo “where traffic congestion is prevalent.”
“Balancing of interests na 'yan… we really have to balance the interests of society versus the interest of the individuals to buy a motor vehicle,” Pimentel said.
Under the Bill of Rights of the 1987 Philippine Constitution, “no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied equal protection of laws.”
Equal protection of laws refers to one’s protection against the selective or discriminatory application of any given law.