Petitioner
The Office of the Solicitor General
Respondent
Ayala Land Incorporated
Citation
G.R. No. 177056
Court
Supreme Court
Division
Third Division
Ponente
Chico-Nazario, J.
Decided
September 18, 2009

Summary

The Office of the Solicitor General challenged shopping mall operators' practice of charging parking fees, arguing the National Building Code mandates free parking. Following a Senate investigation that concluded parking fees violate building regulations, OSG sought injunctive relief to stop fee collection. The Supreme Court unanimously ruled that the National Building Code only requires malls to provide minimum parking spaces based on floor area ratios, but contains no express provision mandating free parking. The Court applied strict statutory construction principles and held that prohibiting parking fees would exceed government police power and constitute an unconstitutional taking of private property without compensation. The decision affirmed property owners' rights to charge reasonable fees for privately-constructed and maintained parking facilities.

Statutes applied

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By the Intellegal Editorial Board · September 18, 2009

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