The passage of a proposed law that would require mall owners to provide free parking to customers has got an extra push at the House of Representatives in the light of a recent Supreme Court ruling that upheld the right of mall owners to charge parking fees.

Catanduanes Rep. Joseph Santiago said with SC decision, an amendment to the Building Code has to be amended, if only to compel mall owners to do their supposed obligation of providing free parking to their customers.

He said the recent Supreme Court ruling upholding the prerogative of mall owners to exact parking fees from patrons "has merely underscored the need for a new law clearly mandating free parking" in commercial establishments.

"We really have to amend the Building Code so it would categorically declare that parking spaces should be extended free of charge to shoppers," Santiago said.

He debunked the argument put forth by mall owners that "parking without any charge would encourage everybody to avail of the (parking) spaces," and unduly inconvenience legitimate shoppers. He said such an argument is “ridiculous.”

"A number of malls are already extending free parking to customers once they are able to present validated parking tickets showing that they made a purchase in the establishment," Santiago pointed out.

Earlier this month, the High Court affirmed a decision handed down by a Makati City Regional Trial Court (RTC), which upheld the right of mall owners to collect parking fees from customers.

The Office of the Solicitor General had sought to reverse the trial court’s ruling, arguing that a logical interpretation of the Building Code suggested that malls are obliged to offer free parking to patrons.

Santiago is the author of a bill that seeks to compel shopping malls and other commercial establishments to make free parking available to patrons.

Representatives Manuel Zamora (Compostela Valley), Faysah Dumarpa (Lanao Del Sur), Vincent Garcia (Davao City), Marcelino Teodoro (Marikina City), Trinidad Apostol (Leyte), and Lorna Silverio (Bulacan) have separately filed six other bills seeking to require free parking in malls.

“We find it absolutely wrongful that malls have practically built whole new businesses based solely on making money out of their parking services that ought to be freely granted to customers," Santiago said.

Under House Bill 1783, authored by Santiago, shopping centers, hotels, commercial arcades and similar establishments would be forbidden from imposing parking fees.

The bill seeks to amend the Building Code, which requires establishments to provide adequate parking spaces, but does not explicitly state whether or not such facilities should be extended at no extra cost to patrons.