COMPARATIVE ANALYSIS OF CAR OWNERSHIP REGULATIONS IN THE PHILIPPINES AND SINGAPORE: A POSSIBLE SOLUTION TO TRAFFIC

I. Introduction

Traffic has always been a problem in the Philippines. Manila is one of the Asian megacities suffering from the many ills of excessive street traffic. In an article published in CNN authored by Tan, 2015, Metro Manila, on an urban level, was named as having the “worst traffic on Earth,” based on a global evaluation conducted by Waze, a GPS-based navigation app, through evaluation of the responses of 50 million Waze users in 32 countries and 167 major city areas which were evaluated for the Global Driver Satisfaction Index posted on the application’s website on September 29, 2015.

Whereas,  Numbeo, world’s largest database of user-contributed data about cities and countries worldwide, released a report saying that the Philippines is fourth among Asian countries and placed ninth in the world in terms of negative traffic situation. (Diola, 2015)

There is no doubt Metro Manila’s perennial traffic problem can only get worse each day considering that more people plus more cars equals more air pollution, with less roads and less long-term solutions. But a major problem is caused by the general public: zero discipline and zero cooperation (Romualdez, 2013). The stressful jams in Metro Manila, which cause burden to the public, in many aspects, are also due to many other factors which include:

• Population Increase. When population increases, commuters and car riders also increase. More commuters and car riders mean more vehicles on the roads that have not been significantly expanded or widened to accommodate them. You will also see many delivery trucks transporting supplies and products because the demand for them increases too.
• High Employment. More workers, either commuting or driving their own cars to work, also cause traffic especially before the beginning (8 a.m.) and after the end (5 p.m.) of their normal working day. There can be traffic during lunch time too when workers go out to eat.
• Discretionary Income. When discretionary income–the amount that is left after bills, personal necessities, and taxes are paid and can be used to buy a car, for example–is high, many can afford to buy cars. More cars on the streets mean more traffic. Also, the higher the discretionary income a household has, the more vehicles a family can buy.
• Flashy Lifestyle. Owning a car in the Philippines is a status symbol. Driving them around is to show that they have one. That is especially the case among those who own expensive cars. Some car owners are too lazy to walk. They drive even short distances, perhaps to show off.
• Provincial Commuters. Living in cities is becoming expensive. There are people, whose jobs are in cities, but they live in provinces and bear long commutes. What we have for provincial transportation are usually buses. Buses occupy more road space and worsen the traffic congestion.

As Punongbayan and Mandrilla (2015) pointed out, Metro Manila’s population has boomed in recent years. Today the metro is home to about 12.2 million individuals, or about 12% of the country’s total population. But this number swells to over 15 million individuals in the daytime, during which people flock in from nearby provinces like Bulacan, Rizal, Laguna, and Cavite to work, find work, or do business. Indeed, Metro Manila is one of the world’s densest and fastest-growing megacities today.

This huge daytime population of the metro is no doubt significantly borne by the considerable growth in national output or GDP, which from 2010-2014 saw the highest 5-year average growth since the late 1970s. Greater economic activity almost always means that there are more jobs and more things being sold and bought, which all translate to busier roads.

An article published in Inquirer.net on January 10, 2016 mentions that the rapid increase in motor vehicles is the most obvious culprit, which administration apologists like to tout to mask its own omissions. In the last five years, about 450,000 vehicles were added – 60 percent of which are motorbikes and 17 percent, cars. In the same period, as in the previous decade, very few infrastructures got built. There are now 2.35 million vehicles competing for limited road space. That is a vehicle density of 3,677 per square kilometer – higher than Singapore’s (1,360), Tokyo’s (967) or New York City’s (2,504) (Santiago, 2016).

In the last three decades, as quoted from Cevero, 2013, Metro Manila have experienced an extraordinary increase in the number of vehicles plying their streets, while at the same time they have sprawled into adjacent areas forming vast megalopolises, with their skyline pushed upwards with the construction of many high-rises. The joint processes of globalization, outsourcing, and the relocalization of manufacturing activities have been accompanied by a rise in the purchasing powers of many people in developing Asian countries, which has allowed them to acquire a vehicle (Boquet, 2013) Further, Sta. Ana, 2015 opines that having a new car has become all the more affordable because of the intense competition among car manufacturers and dealers, the cheap loans, and the rising incomes of the middle class, especially for the many who benefit from the remittances of overseas workers.

Moreover, an estimated 18 million trips are made daily by 13 million people. This excludes walking. In terms of trips by purpose, 17 percent are to and from work and 15 percent are to and from school. About 70 percent of the trips use public transport, of which 39 percent are by jeepneys and 14 percent by bus. Rail accounts for less than 9 percent of the total public transport.

The historical trend, however, is ominous. Car trips grew 3.3 percent per year from 1996 to 2012 compared with 2.2 percent for trips by public transport. (Santiago, 2016)

Traffic congestion, particularly in Metro Manila, threatens the sustainability of the current economic growth. Widely quoted is the study of the Japan International Cooperation Agency, released in 2014, that estimates the economic cost of Metro Manila’s traffic congestion at about P2.4 billion a day. Worse, without effective government intervention, the economic cost will increase to P6 billion a day by 2030.The negative effects on productivity and efficiency, health and well-being, and environment are evident. In a nutshell, it isolates people from their various activities such as business, recreation, and family time. Generally, congestion results in a less productive work force. Except when they commit the dangerous and potentially fatal mistake of talking to someone on their mobile phones, drivers are not very productive while commuting. In the Philippines where majority of employee take public transport, people use the time they’re stuck in traffic to call work, issue instructions or clarify issues, but on the whole, everyone ends up tensed, frustrated and already tired when they get to work.

A bill has been proposed to address the issue on regulating car ownership, which particularly requires potential car buyers to first prove that they have their own parking space before they are allowed to buy a new vehicle. However, the measure was rejected in the Congress considering that a car is no longer a luxury but a necessity, and the proposed bill is an elitist legislation and has no place in a democratic country, as pointed by the other lawmakers. According to them, making garage availability a prerequisite is tantamount to depriving the marginal sector the opportunity of owning a vehicle. (Cruz, 2014)

Apart from the proposed-yet-rejected bill which could have been a possible solution to control the number of vehicles adding the queue of vehicular traffic, it is worthy of a possible benchmarking be made with what Singapore practices in terms of car ownership. An article authored by Kirk, 2013 discloses that imposing a high tax rate and requiring certificate of entitlement among possible car owners, make less of their citizens avail a car, thus, keeping the road fairly clear and helps keep it one of the greenest, if not the greenest urban areas in Asia.

As much as the government deals with the equally alarming problems of the country, the worsening traffic problems in the metropolis deserve an immediate attention. Clearly, this problem calls for a concrete and immediate solution – that is, the government has to come up with realistic and attainable schemes and measures to mitigate, if not eliminate, the opportunity costs we forego as we find ourselves stuck in the traffic.

Several measures have been proposed, even started by the government and private investors to ease the recurring traffic congestion problem as well as the inefficient public transport system in Metro Manila. These include infrastructure projects, road redesign, coordinated master plan and improved railway system.

However, to complete these would take longer period of time and a huge budget to finance all these. With the current situation we have, and the worsening ill due to the traffic jams, what we most need now is an immediate solution for this daily problem, for a day in delay would mean more additional costs for the entire country. A study by the National Center for Transportation Studies says that the heavy traffic in Metro Manila cost the country 137.5 billion of pesos in 2011.

The volume of vehicles, being one of the major contributors in the stressful traffic jams, seems controllable which can, in one way, improve the traffic situation in Metro Manila. This paper aims to identify and compare laws regulating private car sales and ownership both in the Philippines and Singapore, and come up with a proposal bill which covers measures to control the volume of vehicles we expect to run along Metro Manila.

Specifically, this is sought to give light on the following:

1. What is the status of Metro Manila in terms of the average number of vehicles sold and privately owned over the past years?
2. What are the laws dealing with the regulation of car sales and ownership in the Philippines in comparison with that of Singapore?
3. What measures has the government done so far to address the regulation of car sales and ownership in the Philippines?

II. Discussion

Number of Vehicles Sold

Over the years, the number of both commercial vehicles and passenger cars sold and owned in the Philippines has significantly grown. A Rappler.com article mentions that a report of the Chamber of Automobile Manufacturers of the Philippines Incorporated (CAMPI) and the Truck Manufacturers Association (TMA) showed that sales in the first quarter surged 22% to 62,882 units from 51,722 units in the same period in 2014. March’s sales hit 23,557 units, 23% higher than the 19,216 units sold in March 2014, and 14% up than February’s sales of 20,663 units. Sales of passenger cars as of the quarter jumped 38% to 25,051 units, from 18,127 units in the same quarter in 2014.

Moreover, as determined by Punongbayan and Mandrilla, 2015, the diagram presented passenger car sales to move higher than commercial vehicle sales have. Whereas yearly sales of commercial vehicles grew by 33% from 2012 to 2014, passenger car sales grew by 87% over the same period, or 54 percentage points higher.

Meanwhile, as shown in Figure 2, the growth of passenger cars has surpassed the growth of commercial vehicles from the fourth quarter of 2012 up to the first quarter of 2015.

As pointed out by Punongbayan and Mandrilla, one of the factors contributed to the immense growth of the car sales was the market studies pointing to the young demography of car buyers who are mostly aged 18 to 35 and whose share to the total Philippine population happens to be peaking around 2015, which means that there are more young adults eligible for work today than at any other point in our history, and their employment and the purchasing power it entails allows them to invest in durable goods such as cars.

They stated further, another factor is the large share of the middle class in the total population, which commands almost a third of total incomes according to some accounts. This, together with the multitude of auto loans with their easier payment terms and low interest rates, makes buying cars more affordable today than ever before.

Finally, the sharp and stable drop in oil prices especially in the past year further incentivizes the use of cars, either among previous car owners or those still contemplating on buying one.

According to Rommel Gutierrez, president of CAMPI, in an interview conducted by Rappler.com , as they have projected during the industry planning session conducted for 2015, demand from the business process outsourcing (BPO) market boosted the sales of the passenger cars. He further added, “The industry continues to respond with the right product mix and very attractive financing package to meet this demand.”

While the commercial vehicles segment, which accounted for 60% of total sales, also added 37,831 units – 13% higher than the first 3 months sale of 33,595 units sold in the same period in 2014. Within the commercial vehicle category, trucks and buses posted a 69% growth with 706 units sold compared to 2014’s year-to-date sales of 419 units. This is mainly due to the increasing patronage from the public utility sector complying with the government’s re-fleeting program, Gutierrez added.

On the other hand, Schnabel, 2015 in his article published in Rappler.com, adds that there were two standout automotive trends driving industry growth – affordable small vehicles and versatile vehicles that can be used for multiple purposes. Small vehicles priced P500,000.00 to P700,000.00 seem very attractive to first-time buyers, he added. He further mentioned that buyers are drawn by the versatility of the vehicles offered for sale which match the lifestyle and adaptive to abrupt whether changes in the present days. Affordability, functionality and lifestyle-fit vehicles attract people to buy cars.

Statistics offered by the Philippines Statistics Authority shows that for 2012, the number of motor vehicles in the country totaled 7,463,393 units, of which, 808,968 units are private cars, which was reported to be the highest from 2007 to 2012, as shown in the table as follows:

Table 1. Number of Land Transportation Vehicles

Source: Philippine Statistics Authority

Considering that the number of motor vehicles plying the streets of the country numbered 7,463,393 in 2012 from the most recent statistics released and updated as of September 1, 2014, adding up the yearly sales in the both passenger cars and commercial vehicles which according to the figures illustrated previously, continue to grow, it can be estimated that roughly 8.5 million motor vehicles find their way out of streets at present.

Laws Regulating Car Ownership in the Philippines vis-à-vis Singapore

As we deem that the regulations we have at present are lax and easy-to-follow, and fees are not relatively affordable, availment of motor vehicles increase from year to year as evidenced by the figures above. These greatly contribute to the occurrence of traffic congestion.

Considering that despite the presence of laws regulating the ownership of motor vehicles in the Philippines at present, there are constant incidences of adverse and worsening conditions of the traffic situations in the country, thus a revisit to these laws is imperative. Among identified countries which have good, if not the best, traffic systems in the world is Singapore. A benchmark was made and we have identified the following noteworthy.

Remarkably, Singapore has a sophisticated and efficient system of land transport to serve a growing demand for transportation.  Constrained by limited space, a comprehensive set of land transport policies has been in place to balance the growth in transport demand and the effectiveness and efficiency of the land transport system.  A multi-pronged approach has been used to achieve the objective of a world-class transportation system.  These include integration of urban and transport planning, expansion of the road network and improvement of the transport infrastructure, harnessing the latest technology in network and traffic management, managing vehicle ownership and usage, and improvement and regulations of public transport.  Singapore was the first country in the world to introduce various new techniques, notably the Area License Scheme (ALS) in 1975 and the Vehicle Quota System (VQS) in 1990.  An Electronic Road Pricing (ERP) system replaced the ALS in 1998 to take the role of congestion management, the experience of which has also drawn particular attention from many large cities in the world.  In 2003, the world’s first and only fully automatic heavy rail Mass Rapid Transit system was opened to the public, marking a new chapter in Singapore’s innovative approach to solving its land transport problem.  This paper reviews the land transport policy implemented in Singapore and pays special emphasis to its VQS, ERP, Certificate of Entitlement (COE), vehicle taxes and registration fees.

It is indeed very expensive to own and drive a car in Singapore.  Wary of the fact that uncontrolled growth in the number of vehicles will result in traffic jams in land and road scarce Singapore, the government has implemented a range of measures to manage car ownership and usage.  These include VQS, ERP, Certificate of Entitlement (COE), and vehicle taxes and registration fees.  All motor vehicles must be registered with the LTA.

Among all these provisions, the following practices in Singapore are worthy to be duplicated in the Philippines:

• Vehicle Quota Sytem (VQS) and Certificate of Entitlement (COE)

The VQS regulates the rate of growth of vehicles on our roads, at a rate that can be sustained by development in land transport infrastructure.  Anyone who wishes to register a new vehicle in Singapore must first obtain a COE in the appropriate vehicle category, which represents the right to own a vehicle for ten (10) years.

The COE scheme has been one of the most controversial and hotly debated public policies ever implemented.  In short, anyone wishing to buy a car or motorcycle has to bid for a COE.  Each month, a certain number of COEs are released for bidding and if successful, the vehicle entitlement is valid for 10 years from the date of registration of the vehicle.  The scheme aims to peg long-term vehicle population growth at 3 per cent a year.  Certain classes of vehicles like public buses, school buses and emergency vehicles are exempted from the scheme.  COE’s have become so expensive that it is cost prohibitive to own a car. The government wants the people to take public transport.

To register a new vehicle, owner must bid for a COE under the appropriate category (there are 7 in all, but the ones that will probably apply to you are the small, medium and luxury categories for cars and for motorcycles).  COE tender exercises are on from the 1st to the 7th of each month.  Bidding for COEs can be done electronically or through the car agent.  Fifty per cent of the bid amount will be deducted from your bank account as a tender deposit.   Except for companies and organizations, each applicant is allowed only one bid in each tender exercise.  Anyone found making more than one application will have all applications rejected. COEs for most categories are non-transferable.

A successful bidder will need to pay the lowest successful bid price, also known as the quota premium (QP).  Company cars pay double the quota premium. The vehicle must be registered within 6 months for non-transferable categories and within 3 months for transferable categories.

• Electronic Road Pricing (ERP)

ERP is Singapore’s latest attempt at tackling traffic jams during peak hours.  ERP is based on a pay-per-use principle that is intended to reflect the true cost of driving.  ERP has been extended to choke-points on other expressways and major roads in order to alleviate congestion, especially at the dreaded 8.30am-9.00am timeslot where charges and traffic alike are at their highest.  8:25 am sees a free for all before the ERP gantry as drivers try and ‘beat the increase’ while 8:59 am sees traffic slow to a snail’s pace for the same reason.

All in-vehicle units have now been installed in vehicles and every new car purchased in Singapore must have one.

• Vehicle Taxes and Fees

Registration Fee

A Registration Fee of S$140 covers the costs of registering a vehicle in Singapore.  It is collected upon registration of the vehicle.

Additional registration Fee

The Additional Registration Fee (ARF) is a tax imposed upon registration of a vehicle.  It is calculated based on a percentage of the Open Market Value (OMV) of the vehicle.

Preferential Additional Registration Fee

The Preferential Additional Registration Fee (PARF) benefit is granted to a vehicle owner who de-registers his car by scrap or export before the car reaches 10 years old.  This ensures a relatively young and roadworthy fleet for smooth flowing traffic.

Excise Duty

Excise Duty is a tax imposed and collected by Singapore Customs.  Like the ARF, the Excise Duty is also calculated based on a percentage of the OMV of the vehicle.

Road Tax

All vehicle owners must have a valid vehicle license (i.e. Road Tax) for their vehicles before these vehicles can be used on the roads.

Most vehicles’ Road Taxes are renewable on a six-month or yearly basis.  Vehicle owners must fulfill the prerequisites (e.g. obtain motor insurance coverage for the new licensing period, pass the periodic vehicle inspection, etc.) prior to the renewal of the vehicle licenses.

Special Tax

A Special Tax is levied on diesel cars and is payable in addition to the Road Tax of the vehicle.

The quantum of the Special Tax for diesel cars takes into account the particulate matter (PM) emissions.

A petrol duty is imposed to encourage fuel conservation and discourage excessive use of vehicles that may contribute to congestion and pollution.  However, there is currently no equivalent duty imposed on diesel.

Singapore uses the VQS, ERP, and vehicle ownership tax to moderate the growth of vehicle population at a rate that can be supported by their road network.  Apparently, owning and maintaining a vehicle in Singapore can be considered as an expensive luxury.  On the other hand, Philippines does not implement measures to restrain the increasing number of vehicles which is a great contributor to the traffic congestion in Metro Manila.  Registration fees in the Philippines are relatively very low as compared to the fees and taxes levied on vehicle ownership in Singapore.  In terms of regulatory charges, owning a car in the Philippines is so easy which caused rapid increase in motor vehicles.  This contributed a lot to the traffic congestion in the country due to continuously increasing number of vehicles competing for a limited road capacity.

Measures addressing Regulation of Car Sales and Ownership

In order to ease traffic congestion in Metro Manila, the government enacted Republic Act No. 4136, as amended, “An act to compile the laws relative to land transportation and traffic rules, to create a land transportation commission and for other purposes,” also known as the “Land Transportation and Traffic Code.” The provisions of this Act shall control, as far as they apply, the registration and operation of motor vehicles and the licensing of owners, dealers, conductors, drivers, and similar matters.

The LTO is guided by the policy of promoting and maintaining safe, efficient, comfortable and economical land transportation services throughout the country by providing a rationalized system of motor vehicles registration, driver’s licenses and permits issuances, law enforcement and adjudication of traffic violations cases. All its activities are directed towards the support of the economic, industrial and social developments of the country.

The whole Chapter II of Republic Act of 4136 encompasses rules and regulations, as well as schedule of fees to be paid upon registration of motor vehicles and renewal of the registration every year thereafter.

Meanwhile, in 2013, Senator Pia Cayetano, introduced  a bill seeking to promote alternative and sustainable modes of transportation to help ease traffic congestion and pollution in urban areas, and address inefficiencies in the country’s public transport system.

Cayetano’s proposal, the ‘Sustainable Transportation Act of 2013,’ also seeks to encourage commuters to go for cheaper and healthier options like taking a bike or walking to get to their regular destinations.

Filed in the 16th Congress as Senate Bill No.(SBN) 26, the measure directs the national government, in coordination with local government units (LGUs), to lead the country’s shift towards safe, healthy, non-congestive and non-pollutive locomotion and transportation systems, including non-motorized transport.

SBN 26 envisions more bicycle lanes in streets and roadways in view of the fact that biking is fast becoming popular in the country, not only as a hobby and sport, but also as a regular means of transportation for students, private and government workers, and even among professionals and company executives.

Cayetano, an avid biker and health advocate, says her bill also seeks more walkways and footbridges for pedestrians, the institutionalization of a Bus Rapid Transport System (BRTS), and the revival of the Pasig River Ferry and establishment of similar water ferry services as alternatives to the current public transport system. It likewise encourages initiatives that would promote car pooling and vehicle-sharing schemes in workplaces, schools and communities, as well as telecommuting, or working from home.

Traffic gridlocks during heavy rain and flood have become normal occurrences in Metro Manila and other mega cities due to many factors like urban blight, poor solid waste management and inefficient mass transport systems. This is compounded by the increasing number of motor vehicles plying our roads.

This bill seeks to develop sustainable and alternative modes of transportation in order to reduce gas emissions, lessen energy consumption, use precious urban area efficiently, reduce time and travel costs as well as promote an active lifestyle. It mandates the Department of Transportation and Communication, in coordination with National Economic Development Authority, to develop a plan that will encourage this mode shift and promote programs and infrastructure that will pave the way for the same.

Meanwhile, former Senator Richard Gordon has a different proposal for easing traffic the national capital region: to relocate factories, commercial establishments, and other industries to the countryside.

“Not only will this decongest Metro Manila, it will also generate new jobs and boost the local economy of nearby provinces, as there are plenty of vast and open lands along highways. That if we build factories and other industries there…. There will also be a demand for housing. Get schools and hospitals to open branches there and new communities and towns will be created. The move will generate jobs, not only for the residents of Metro Manila but also for those in the nearby provinces. The construction boom alone will open a lot of jobs. That way, people will just bicycle to work and the students to school,” as he added.

The former senator also said that the government should focus on maximizing the use of existing infrastructure, such as airports, seaports, and highways, to encourage investors and economic development.

In 2014, Gatchalian filed House Bill 5098 or the “Proof of Parking Space Act,” which would require potential car buyers to first prove that they have their own parking space before they are allowed to buy a new vehicle. He averred that road congestion in Metro Manila is worsened by the idle vehicles parked on the sides of streets, which hamper the flow of motor vehicle and foot traffic which can be solved if car owners have their own parking spaces.

He further added that regulating car sales will help ease the traffic jams that cost the Philippines P2.4 billion a day, according to a study by the Japan International Cooperation Agency (JICA).

However the bill was rejected by the congress pointing that owning a car is no longer considered a luxury but a necessity and this is an elitist legislation and has no place in a democratic country, as stated by Silvestre Bello III of 1-BAP party-list. He maintains that a car is not a luxury but a necessity. Making garage availability a prerequisite to car ownership is tantamount to depriving the marginal sector the opportunity of owning a vehicle.

Speaker Belmonte, on the other hand, said that in “some cities in Metro Manila have similar ordinances, particularly on garages, but they are not easily implemented.”

Meanwhile, Rep. Barzaga said depriving individuals of owning a car merely because they do not have a garage will not solve or even ease traffic congestion as suggested by Gatchalian. He said solving traffic needs intelligent, strategic and long-term planning.

These measures indeed recognized that the problem on the traffic congestion bombarding the people in every day needs to be resolved as early as possible. The adverse effects of this problem range from social, economic, physiological and health problems which affect the holistic well-being of the public and the country in general. Immediate, efficient and realistic measures really need to be in place to mitigate the burden our people is suffering because of traffic congestion.

III. Conclusion

Police power has been defined as the sovereign power to promote and protect the general welfare. It is the most pervasive and the least limitable of the three powers of the state, the most essential, consistent and illimitable which enables the State to prohibit all hurtful things to the comfort, safety and welfare of the society.

It also refers to the power vested in the legislature by the Constitution to make, ordain, establish all manner of wholesome and reasonable laws, statutes, or ordinances, either with penalties, or without, nor repugnant to the constitution, as they shall be judge to be for the good and welfare of the state and the subjects.

Existing laws authorize Land Transportation Authority, now, Land Transportation Office, to control, as far as they apply, the registration and operation of motor vehicles and the licensing of owners, dealers, conductors, drivers, and similar matters.

By virtue of Republic Act No. 4136 otherwise known as the Land Transportation and Traffic Code, as amended, which is an act of the legislature, the state has validly exercised its inherent police power to regulate the ownership and use of cars and vehicles, and impose fees thereon and fines in violation thereof.

In order to address the issue on traffic congestion in the Philippines, especially the alarming ‘carmageddon’ in the metro, further regulations and control shall be imposed in the exercise of the police power of the state to serve the general welfare, comfort and convenience of the people and to maintain and safeguard public health and public order.

As hereby proposed, the imposition of stricter registration requirements on the ownership of motor vehicles as discussed above deserves a paramount consideration by the law making bodies.

A case in point is the Singapore government which makes owning of a vehicle extremely expensive through high taxes as well as requiring certificate of entitlement. The price of obtaining such certificate was found to have risen over the past few years. This system means that only about 15 percent of Singaporeans own a car. It keeps the roads fairly clear for such small island and helps keep it one of the greenest urban areas in Asia.

Moreover, the condition of the streets in the Metro Manila adds to the burden of easing the traffic congestion. As such, the proposed Proof-of-Parking Space Act shall be reconsidered. An excerpt of the explanatory note of House Bill No. 5098 provides: “The problem with traffic is not only confined in the big city streets such as EDSA, and congestion isn’t isolated in the vicinity of Manila ports – the motor vehicles that continue to occupy the side streets, parked and idle, push carts, litters of all kind have been eyesores and a hindrance to foot and automobile traffic in most of our streets. Motor vehicle owners should be made responsible to provide a permanent parking space for their private vehicles, whether this is made an integral part of their house or building structure or a leased facility.”

This too could have been a worthy exercise of the police power to reduce, if not eliminate nuisances obstructing the free passage in the streets. Article 694 and 695 of the Civil Code of the Philippines provide:

“A nuisance is any act, omission, establishment, business, condition of property, or anything else which:

• Injures or endangers the health or safety of others; or
• Annoys or offends the senses; or
• Shocks, defies or disregards decency or morality; or
• Obstructs or interferes with the free passage of any public highway or street, or any body of water; or
• Hinders or impairs the use of property.

Nuisance is either public or private. A public nuisance affects a community or neighborhood or any considerable number of persons, although the extent of the annoyance, danger or damage upon individuals may be unequal. A private nuisance is one that is not included in the foregoing definition.”

Although several city and municipal ordinances are already in place, particularly on garages, however, they are not easily implemented, according to Hon. Speaker Feliciano Belmonte, Jr. in an interview.

Should this proposal be heard and considered, the only things we may anticipate in opposition is the fact that only few could be able to own a car as to distinguish between rich and the poor. This may be viewed as an elitist and discriminatory, and has no place in a democratic country, as said by lawmakers in rejecting the parking bill.

Founded on the basic principles of salus populi est suprema lex [the welfare of the people is the supreme law] and sic utere tu et alienum non laedas [so use your property so as not to impair another], police power is an inherent attribute of sovereignty. It can exist even without reservation in the constitution. It is based on necessity as without it, there can be no effective government. It is sometimes referred to as the law of overwhelming necessity.