Free Parking for Senior Citizens in Quezon City? Not Exactly Free at Trinoma

By and large, it seems that the senior citizen law has been more observed in compliance rather than in breach. This is not to say, however, that the whole picture looks good as there are still many deviations that go unnoticed ranging from outright defiance to creative avoidance of the law. The gray generation is not the most fightingest among the marginal groups of society and if those concerned would not complain vigorously enough, unscrupulous establishments would be more comfortable ignoring the law.

Except for the celebrated complaint of Atty. Romy Macalintal which was played up by the media fairly well, most seniors would not go beyond mouthing a verbal protest and actually put their words into action when confronted with some violation of their privileges under the senior citizens law. On the other hand, there are establishments that will deviate from the law when they can get away with it. They are not worried about or threatened with repercussions because people are generally not serious about filing a complaint and much more pursuing a case. The precedents are few and far between.  

Deviations in implementation can be done easily whenever benefits are extended to specific class or group of people through legislation especially when eligibility is subject to proof and not visually discernible, such as age.

The law took a long time to happen. Coming to age 60 used to be, and for some even up to now, dreaded, denied and kept secret, by women and men alike, not only for reason of vanity but also because at that age, a person is perceived, rather unfairly, to have lost capability and productivity. For that matter, it is the retirement age (in the Philippines) and subsequently, he is forced to retire. Retirement benefits, on the other hand, are subject to relentless dilution by employers determined to cut costs and improve their bottom line. The notion of retirees living off their retirement benefits for the rest of their life is just a mere illusion.

 

When the senior citizens law or RA 9944 was enacted, senior citizens gained a certain degree of respect, importance and, maybe, some level of security. Now there are some reasons to acknowledge, if not anticipate, being 60 if only to enjoy rights and privileges under the said law.

Some local government units have even gone beyond the benefits provided for under the senior citizens law. A good example is Quezon City which enacted on July 24, 2012 an ordinance granting free parking to Quezon City senior citizens in all QC establishments. A very laudable move considering the prevailing high cost of parking in urban centers.

The motherhood statement is “to establish the mechanism to maximize the benefits and welfare of senior citizens residing in Quezon City” and “to encourage commercial and business establishments in Quezon City to include as part of their Corporate Social Responsibility the support for senior citizens in their leisure and mobility pursuits”.

The fact is, not all establishments have been taking their corporate social responsibility to heart even with the urging of a law or ordinance even if, as in this case, the parking fees they do not collect from senior citizens are tax deductible.

One giant Quezon City establishment, Trinoma, seems to be dragging its feet in implementing the free parking of seniors with some forms of creative circumvention of the ordinance.

On many occasions, the establishment has refused to grant free parking privilege to senior citizens under dubious circumstances such as, when they allegedly run out of Trinoma’s own senior citizen parking cards, and when parking time exceeds four hours for which they charge senior citizens the full parking fee.

To avail of free parking privilege under the QC ordinance, Trinoma requires senior citizens to present to the car park security personnel upon entry to the Trinoma’s multi-level parking buildings their OSCA-issued Senior Citizen ID. Should a senior citizen fail to observe that procedure, the Senior Citizen ID would not be honored by the car park exit teller and the senior citizen would be required to pay the regular parking fee.

Aside from presenting his OSCA-issued ID, a senior citizen must secure Trinoma’s own Senior Parking Card from the security personnel manning the parking entrance and a machine-issued parking card. When the parking personnel had run out of Trinoma’s limited Senior Parking Cards, they would refuse to honor the senior citizen’s ID.

Putting their own house rules over and above the law, Trinoma appears to be circumventing the ordinance to avoid granting senior citizens free parking.

Is Trinoma exempted from the city ordinance?

Actually, the Quezon City ordinance provides for the exclusion of establishments under Rule III, Section 7 of the implementing rules and regulations (as amended) specifically for those using automated ticket machines and automatic card dispensers. But this is subject to the condition that they allocate a minimum of fifteen free parking slots, per level and per building for senior citizens which must also be located near, adjacent or visible from the point of entrance or ticket/card dispensing machine.

Since Trinoma does not have free parking slots for senior citizens located near, adjacent or visible from the point of entrance or ticket/card dispensing machine, the establishment is not exempt from the ordinance.

Another requirement that Trinoma must comply with to qualify for exemption is the provision of number of 15 designated senior citizen parking slots based on reflective signages with a 12" x 18" with green background with white text.

Further, the ordinance exempts all senior citizens of Quezon City from payment of initial rate of  parking fees for the first three hours. The initial rate is tantamount to the minimum rate of parking fees. In the case of Trinoma, the parking fee in the parking building is a flat rate of P50 regardless of number of hours. Hence, P50 is also the minimum rate. Then the applicable initial rate referred to by the ordinance for which the senior citizen is exempt from paying should be P50. Trinoma, however, charges senior citizens P50 when their parking time exceeded four hours. Now, under what basis are they requiring senior citizens to pay P50 when they exceed parking time of four hours? If the parking fees are not tiered based on number of hours, Trinoma seems to be violating the Quezon City ordinance by collecting P50 from senior citizens when their parking time exceeded four hours. At the very least, the value of of the parking fee for three hours should be discounted.

Let it be said that we have repeatedly brought to the attention of Trinoma’s parking personnel our reservations on their implementation of the ordinance. Our protestations, however, have always fallen on deaf ears.

Maybe the sanctions for violation of the ordinance are not enough deterrent. If committed by the cashier or boot attendant, violation carries penalties of imprisonment of 1-30 days or fine of P500 or both depending on the discretion of the court. If committed by the operator, manager or owner of the parking space, the penalties are imprisonment of 1-30 days or fine of P2,000 or both depending on the discretion of the court. 

What does the big picture on this matter show: when big establishments launch their business, they offer a lot of come-ons such as, free parking, low prices, etc., to attract people to come. Customers are welcome with open arms. When business had grown big and hugely profitable, they would start to jack up prices, charge parking fees, and even withhold the paltry entitlement of some people under the law. If that is not insatiable corporate greed, nobody knows what is. That’s how big business screws its own customers.