Dear PAO,
A new mall is being constructed in our province. My uncle said that not only the mall itself is huge but also its parking spaces. He also noticed that there are a lot of parking slots intended for electric vehicles. To be quite frank, we have only seen a handful of electric vehicles here in our province. So, we are wondering, is there a law that requires the provision of dedicated parking spaces for electric vehicles? What if future building owners do not comply? Can they be penalized?
Ambeth
Dear Ambeth,
We believe that the applicable law on the matter is Republic Act (RA) 11697, otherwise known as the “Electric Vehicle Industry Act.” This law provides directives which principally aim to encourage the utilization of electric vehicles in order to, among others, promote the use of cleaner and more sustainable means of transportation. Part of these directives is the mandate for the provision of dedicated parking slots for the exclusive use of electric vehicles. Section 17 of RA 11697 specifically states:
“Section 17. Dedicated Parking Slots for Electric Vehicles in Private and Public Buildings and Establishments. – Private and public buildings and establishments constructed after the effectivity of this Act and pursuant to the National Building Code of the Philippines shall designate dedicated parking slots for the exclusive use of EVs to include light electric vehicles: Provided, That the number of dedicated parking slots shall be proportional to the total number of parking slots within the building or establishment as provided in the CREVI: Provided, further, That if there are twenty (20) or more parking slots, there should be at least five percent (5%) dedicated parking slots for EVs of the total number of parking slots within the building or establishment: Provided, finally, That existing private and public buildings and establishments shall comply with the foregoing requirements within the time frame indicated in the CREVI.
“No permit shall be issued by the LGU for the construction or renovation of a building or establishment unless this section has been complied with.”
Considering that RA 11697 lapsed into law on April 15, 2022, establishments constructed thereafter, and in consonance with the National Building Code of the Philippines, must observe the dedication of such parking spaces. Owners of existing buildings and establishments are also mandated to comply within the time frame provided under the Comprehensive Roadmap for Electric Vehicle Industry (CREVI). Penalties will be imposed for failure to comply. Pursuant to Section 28 of the said law:
“Section 28. Penalties. – A fine ranging from a minimum of Fifty thousand pesos (P50,000.00) to a maximum of Five hundred thousand pesos (P500,000.00), and may include suspension or revocation of permits issued, if applicable, shall be imposed upon any reason, both natural and juridical, who violates Section 6, 16, 17, 18, 19, 20, 21, 22, and 23 of this Act and all rules, regulations, and standards promulgated pursuant to Sections 7, 8, 9, 10, 11, 12, 13, 14, and 15 of this Act: Provided, That this is without prejudice to the penalties provided under existing laws, rules, and regulations prescribed by other concerned agencies. The DOE, DOTr, and DPWH shall, in coordination with the DTI and the DILG, issue appropriate rules and regulations on the imposition of these fines and penalties.”
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
