I. Introduction and Policy Context

The rapid increase in motor vehicle ownership in the Philippines has transformed parking from a mere convenience into a critical public safety, traffic management, and property rights issue in residential subdivisions. Narrow roads originally designed for low-density, low-vehicle communities are now routinely obstructed by on-street parking, blocking emergency vehicles, creating fire hazards, and generating endless disputes among neighbors.

Recognizing this reality, both national law and local government units possess clear authority to regulate parking within subdivisions. The most commonly used legal bases are:

Presidential Decree No. 957 (Subdivision and Condominium Buyers’ Protective Decree) and its Revised Implementing Rules and Regulations
Batas Pambansa Blg. 220 (Economic and Socialized Housing Standards) and its Revised IRR
Republic Act No. 7160 (Local Government Code of 1991), particularly Sections 17, 447(a)(5)(ix), 458(a)(5)(ix), and 468(a)(1)(vi) on traffic legislation and zoning
Presidential Decree No. 1096 (National Building Code of the Philippines), Rule III (permits) and Rule VII (classification and requirements for parking)
Republic Act No. 7279 (Urban Development and Housing Act of 1992), Section 21 on balanced housing development compliance
Republic Act No. 11201 (DHSUD Act of 2019) creating the Department of Human Settlements and Urban Development as the primary agency for housing and land use regulation

These laws collectively empower either DHSUD (for national standards) or the local sanggunian (for subdivision-specific ordinances) to issue Implementing Rules and Regulations (IRR) that govern parking allocation, use, enforcement, and penalties in subdivision projects.

II. Who Has Authority to Issue the IRR?

DHSUD – when the IRR amends or supplements the Revised IRR of PD 957 or BP 220 (e.g., new national minimum parking ratios, visitor parking requirements, or open-space parking guidelines).
City/Municipal Sanggunian – when the IRR implements a local ordinance regulating parking inside existing or new subdivisions (most common and most practical approach).
Homeowners’ Association – may issue House Rules and Regulations on parking, but these are subordinate to national law and local ordinances and cannot contradict them.

The most effective and legally defensible parking regulations today are those issued by LGUs via ordinance + IRR, because LGUs have direct police power over traffic and zoning within their territorial jurisdiction.

III. Step-by-Step Process in Drafting IRR for Subdivision Parking

Step 1: Identify the Parent Law or Ordinance

Clearly state in the very first section of the IRR the specific law or ordinance being implemented. Example:

“These Rules are issued to implement Section __ of City/Municipal Ordinance No. __ entitled ‘An Ordinance Regulating Parking in Residential Subdivisions and Providing Penalties for Violations Thereof’ and in accordance with PD 957, BP 220, the National Building Code, and the Local Government Code.”

Step 2: Conduct Stakeholder Consultation (Mandatory)

Hold at least two (2) public consultations with subdivision developers, homeowners’ associations, barangay officials, PNP-Traffic, BFP, and resident groups.
Document minutes and attendance.
For DHSUD-issued IRR, comply with the Regulatory Impact Statement (RIS) requirement under EO 247 (2023).

Step 3: Define Key Terms (Section 2 of IRR)

Always include exhaustive definitions to prevent ambiguous interpretation:

“Subdivision Road” – any road inside a subdivision titled under PD 957 or BP 220, whether donated to the LGU or still privately titled.
“On-street Parking” – parking parallel or perpendicular along subdivision roads.
“Off-street Parking” – parking inside the lot, garage, carport, or designated common parking area.
“Visitor Parking” – parking slots allocated for non-residents.
“Obstructive Parking” – any parking that blocks driveways, fire hydrants, road curves, or reduces effective road width to less than 6 meters (BFP requirement for fire truck access).

Step 4: Establish Substantive Parking Standards

Recommended minimum standards (these are widely accepted and have survived court challenges):

A. For Single-Detached Units

Each lot must provide at least one (1) off-street parking slot (minimum 2.50 m × 5.00 m).
Garage/carport construction may be required before issuance of Certificate of Occupancy (common in Quezon City, Makati, Tagaytay).

B. For Single-Attached/Duplex/Townhouse Units

One (1) parking slot per dwelling unit, either inside the lot or in a designated common parking area.

C. For Rowhouse/Multi-level Socialized Housing under BP 220

One (1) parking slot per eight (8) dwelling units plus one (1) visitor parking per ten (10) units (HLURB Board Resolution No. R-878, s. 2012 standard).

D. Visitor Parking Requirement (Highly Recommended)

One (1) visitor parking slot for every five (5) residential units in medium- to high-density subdivisions.
Must be clearly marked and located in open spaces or pocket parking areas.

E. Road Width and Parking Prohibition

Roads 6 meters wide and below – total prohibition on on-street parking at all times.
Roads 8 meters and above – limited on-street parking allowed only on one side and only from 9:00 PM to 5:00 AM, unless otherwise marked.

F. Persons with Disabilities (PWD) Parking

At least two percent (2%) of all parking slots, but not less than one (1) slot, must be reserved for PWDs (Batas Pambansa Blg. 344 – Accessibility Law).

G. Electric Vehicle Charging Stations (Forward-looking provision)

In new subdivision projects with 50 lots or more, at least five percent (5%) of parking slots shall be pre-wired for EV charging (aligned with DOE and DTI policies).

Step 5: Enforcement Mechanism

The IRR will fail without clear enforcement powers.

Recommended provisions:

Primary enforcers: Barangay tanod (for initial apprehension), PNP-Traffic, LGU Traffic Management Office.
Towing authority: Expressly grant the LGU or HOA (with LGU authorization) the power to tow violators at owner’s expense (upheld in MMDA v. Garin, G.R. No. 130230).
Schedule of fines:
1st offense – ₱1,000.00
2nd offense – ₱2,500.00
3rd and subsequent – ₱5,000.00 + towing + impounding
72-hour abandoned vehicle presumption (aligned with RA 7924 MMDA Law practice).

Step 6: Allocation of Parking in Open Spaces

PD 957 requires 30%–50% of subdivision area to be allocated for parks, playgrounds, and community facilities. Parking areas may be allowed within this open space provided:

Total area devoted to parking shall not exceed ten percent (10%) of the mandated open space (HLURB CLS Memo Circular 2014-003).
Parking areas must be landscaped with trees (one tree per four parking slots) and use permeable pavers to reduce flooding.

Step 7: Transition and Grandfather Clause

Always include reasonable transition provisions:

Existing subdivisions have two (2) years to comply with off-street parking requirements for new vehicle acquisitions.
Subdivisions developed before 2000 with road width of 4–5 meters are permanently prohibited from on-street parking.

Step 8: Publication and Effectivity

Publish the IRR in a newspaper of local circulation or post in three (3) conspicuous places for one week.
Effectivity: 15 days after completion of publication.

IV. Sample IRR Skeleton (Ready for Adaptation)

RULES AND REGULATIONS IMPLEMENTING [ORDINANCE NO. ___] REGULATING PARKING IN RESIDENTIAL SUBDIVISIONS OF [CITY/MUNICIPALITY]

Section 1. Title
These Rules shall be known as the “Subdivision Parking IRR of [Year]”.

Section 2. Definition of Terms
(Insert comprehensive definitions)

Section 3. Mandatory Off-Street Parking
Every residential lot shall provide…

Section 4. Visitor Parking Requirement
Subdivision developers and homeowners’ associations shall allocate…

Section 5. Prohibited Acts
It shall be unlawful to park…

Section 6. Enforcement and Penalties
The City/Municipal Traffic Management Office, in coordination with the Barangay, is hereby authorized to…

Section 7. Towing and Impounding
Vehicles in violation may be towed…

Section 8. Separability Clause
Section 9. Repealing Clause
Section 10. Effectivity

V. Conclusion

Well-drafted Implementing Rules and Regulations for subdivision parking are not merely administrative documents—they are essential tools for restoring order, safety, and livability in Philippine residential communities. By grounding the IRR in clear statutory authority, incorporating realistic minimum standards, providing strong enforcement mechanisms, and conducting genuine stakeholder consultation, the resulting regulation will withstand judicial scrutiny and, more importantly, achieve actual compliance on the ground.

Local government units are strongly encouraged to adopt comprehensive parking ordinances without further delay. The legal framework is already in place; what remains is the political will to implement it.