EXPLAINER: Can one park in front of someone else's gate?

Finding parking spots in the city is becoming increasingly hard, especially in residential areas. This is why some opt to park on the road at times of others' gates or driveways.

According to a report by GMA Newsfeed, this led to an altercation between neighbors in Quezon City after a car owner parked in front of his neighbor’s house from 9 a.m. to 6 p.m.

During the confrontation, the neighbor said that parking on her driveway and on the road was not allowed, citing orders from the Metropolitan Manila Development Authority (MMDA).

She also claimed that the parked vehicle made it difficult for her to maneuver her own car.

The car owner, however, claimed he was parked on a public road.

In this instance, who is at fault?

MMDA Special Operations Group-Strike Force Head Gabriel Go raised concerns over the danger of parking in front of residential gates.

He also cited the law prohibiting parking in certain areas, including in front of private driveways.

"Pag hinarangan po natin ang mga gate, napakadelikado po nito. Tulad ng sinasabi natin lagi, in case of emergencies, hindi naman natin masasabi kung kailan 'yan, paano na lang 'yung accessibility ng mga tao?" Go said

(It is quite dangerous if we park in front of the gates. In cases of emergencies, we can’t really tell when these would happen. What about accessibility?)

“Hindi po ba basic knowledge din na hindi maaaring pumarada sa tinatawag intersection or intersection core under RA4136 din po yan. Sa inyo na po galing, public road meaning ginagamit for mobility. Hindi naman public parking slot or space,” he added.

(Isn’t it also basic knowledge that you cannot park at intersections or intersection cores under RA4136, too? It did come from you, a public road, meaning it is used for mobility. It is not a public parking slot or space.)

Section 46 of Republic Act 4136, or the Land Transportation and Traffic Code, provides that vehicle parking is prohibited in front of a private driveway.

Other places where parking is banned include the following:

• Within an intersection
• On a crosswalk
• Within six meters of the intersection of curb lines.
• Within four meters of the driveway entrance to a fire station.
• Within four meters of a fire hydrant
• On the roadway side of any vehicle stopped or parked at the curb or edge of the highway
• At any place where official signs have been erected prohibiting parking.

Go also said the homeowner should have called the local government or the MMDA to resolve the issue instead of taking matters into her own hands by vandalizing the vehicle.

The car owner said that he had headed to the barangay to peacefully settle matters, while the homeowner stated that the barangay told her to file a blotter report instead.

Obstruction

According to Land Transportation Office (LTO) chief Markus Lacanilao in an interview with GMA News Online, the car owner committed violations regardless of whether he was on a public road or a private driveway.

“Obstruction yan yung violation niya kasi inamin naman niya nasa public road yan. Kung public road hindi ka dapat nakahinto, naka-park sa kalye. So obstruction yan, dapat inaalis mo yan, so may violation talaga siya. Bawal po yun,” he shared.

(His violation is obstruction because he admitted it was a public road. If it’s a public road, you shouldn’t stop there, parked on the road. So that is obstruction, and it should be removed, so he really has a violation. That’s not allowed.)

“Lalo na kung private 'yan. Alam naman natin, lalo na kung nakaka-block pa sa harapan mismo, dapat hindi nila ginagawa ’yan. May violation din doon lalo na kung private yan, hinaharapan mo. Pwede tumawag na ng towing 'yan, para ma-tow siya,” he added.

(Especially if it is private. We all know that you shouldn’t be doing that, especially if you’re blocking right in front of them. There’s a violation there, especially if it is private. They can call a tow truck to tow them out.)

The LTO official said that such instances of illegal parking constitute a violation that can be penalized with P10,000, in addition to the car owner’s obstruction violation.

Lacanilao noted that if it were a private driveway, the conflict could have been resolved through a discussion between the neighbors, provided the parking hadn't taken too long.

“Dapat bigayan lang,” he said.

(We should just be amicable.)

Since the incident was captured on video, the LTO chief said a show-cause order could be issued to the car owner. — BAP/NB, GMA News