Clearly mandated but unheeded

AT THE Sept. 18 public hearing on the latest initiative to amend the controversy-laden free parking privilege of senior citizens in Quezon City,  representatives of Quezon City business establishments with public parking facilities and some senior citizens exchanged views on how best to address the problems surrounding that privilege.

To almost all of those present at that forum, City Ordinance No. 2081, series of 2011, which grants senior citizens free parking privilege was clear enough: No payment for the “initial rate” (usually for three hours); only the hours in excess may be chargeable according to a published schedule posted at the entrance to the parking area. If it’s a “flat rate” (which, needless to say, makes the hourly rates irrelevant), no more fees are charged. Likewise, they all agreed that, as the law itself does not set limits, seniors may park anywhere in the parking area where slots are available on a first-come-first-served basis. Bless them!

Only the representatives of the SM Group of Companies (owned by the richest billionaire in the country) raised a divergent view. To them, the majority view is untenable as it cuts a chunky slice of the business income! But by way of a compromise, SM is waiving payment of the flat rate (its standard parking policy); but the moment the senior parking exceeds the first three hours even by a fraction of a minute, the privilege is gone! They must pay the flat rate in full.

Let the readers see for themselves. The language of the law is plain and simple: “Section 1. Exemption—All senior citizens of Quezon City are exempt from the payment of initial rate for parking fees in establishments, malls, hospitals, parking areas or any other similar places charging the same situated within the territorial jurisdiction of the City.” Nowhere does it say that such privilege may be forfeited when senior parking exceeds the hours fixed for the initial rate or flat rate. In effect, what the law has given freely and without qualification, SM insists on taking away by some dubious interpretation.

Another bone of contention was the patent incongruity between the liberality of the law and the rigidity of the implementing rules and regulations (IRR) issued by the Office for Senior Citizens Affairs. (Et tu, Osca? Isn’t this office supposed to promote the wellbeing of senior citizens more than the business interest of multimillionaires and multibillionaires?)

While the law, indeed, speaks of no limitation as to where the seniors may park their vehicles within the parking area, the IRR modified the same by having them dumped in a small area for only 15 slots “per level and per building.” Where the heck did that come from? In other malls (like Robinsons Magnolia in Quezon City), seniors are almost always told upon entry, even within the first few hours of business, that free slots for them are already full and so they must pay the regular rate!

Due to the numerous indignant protests inundating the City Hall, Councilor Allan Benedicto S. Reyes, the principal author of the current ordinance, is introducing amendments to deal with such concerns more consistently and decisively. He promised to be fair—in favor of senior citizens, which is the underlying legislative intent in the first place! So, here’s hoping that he remains true to his word and will not cave in to the importuning of the callous rich and their powerful lobby.

—STEPHEN L. MONSANTO,Monsanto Law Office,Loyola Heights, Quezon City,[email protected]