Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

1704

House Bill No.

Introduced by Rep. ANGELO MARCOS BARBA
2™ District, [locos Norte

EXPLANATORY NOTE

Section 9 of the 1987 Constitution mandates that “The State shall promote
a just and dynamic social order that will ensure the prosperity and independence
of the nation and free the people from poverty through policies that provide
adequate social services, promote full employment, a rising standard of living,
and an improved quality of life for all.” This specific provision bestows the right to
equal opportunities for all kinds of citizens regardless of age, sex, and disability,
of which include People with Disabilities (PWDs) and Senior Citizens.

PWDs and Senior Citizens are essential yet vulnerable members of society.
Their constrained and limited capabilities, brought by their condition and age
respectively, make them at risk for various accidents that may arise on the road.
This is the same reason that rights and privileges granted under Republic Act No.
7432, (R.A. No. 7432), as amended by Republic Act No. 7277 (R.A. No. 7277) for
Senior Citizens and PWDs are enacted, and the very same reason that specific
privileges, such as free parking, be added to existing laws.

Therefore, it is imperative that there shall a bill that seeks to
institutionalize the exemption of PWDs and Senior Citizens from the payment of
parking fees. Further, there shall be a measure that seeks to reaffirm the rights of
PWDs and Senior Citizens and concurrently, to ease the heavy burden of paying
additional expenses such as parking fees. Henceforth, this initiative.

For this purpose, the Government shall institutionalize the exemption of
PWDs and Senior Citizens from the payment of parking fees in all commercial
and government establishments subject to certain guidelines and procedures to
motivate and encourage them to contribute to nation-building. This is part of the
State's mandate to give its full support and attention to PWDs and Senior Citizens
not only tb ensure their total well-being, but also, and more importantly, to give
importance to them as part of our society.

In view of the foregoing, the passage of this bill is earnestly sought.

ANGE! {COS BARBA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No._1704

Introduced by Rep. ANGELO MARCOS BARBA
24 District, Ilocos Norte

AN ACT
EXEMPTING PERSONS WITH DISABILITY (PWDs) AND
SENIOR CITIZENS FROM THE PAYMENT OF PARKING FEES IN
ALL COMMERCIAL ESTABLISHMENTS AND GOVERNMENT
BUILDINGS THAT CHARGE PARKING FEES, THEREBY
AMENDING SECTION 32 OF REPUBLIC ACT NO. 7277, AS
AMENDED BY REPUBLIC ACT NO. 10754, ALSO KNOWN AS THE
“MAGNA CARTA FOR DISABLED PERSONS”, AND SECTION 4 OF
REPUBLIC ACT NO. 9257, AS AMENDED BY REPUBLIC ACT NO.
9994, OTHERWISE KNOWN AS THE “EXPANDED SENIOR
(CITIZENS ACT OF 2010”

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Short Title. — This Act shall be known as the “PWDs and
Senior Citizens Free Parking Act.”

SECTION 2. Declaration of Policy. — It is hereby declared as the policy
of the State to provide measures in order to prioritize the needs of the PWDs
and Senior Citizens in order to motivate and encourage them in contributing
to nation-building.

For this purpose, the government shall institutionalize the exemption of
the PWDs and Senior Citizens from the payment of parking fees in all
commercial and government establishment subject to certain guidelines and
procedures.

SECTION 3. Additional Privilege of Parking Fee Exemption. ~ This Act
shall cover all PWDs and Senior Citizens driving a vehicle or on board a
vehicle which is privately owned upon presentation of a valid PWD and Senior
Citizen Identification Card in all commercial and government establishments
that charge parking fees.

Private establishments may claim the cost of exemption of PWDs and
Senior Citizens as tax credit.


SECTION 4. Section 32 of Republic Act No. 7277, as amended by
Republic Act No. 10754, otherwise known as the “Magna Carta for Persons
with Disability” is hereby further amended to read as follows:

“Sec. 32. Persons with disability shall be entitled to:

“(a) At least twenty percent (20%) discount and exemption from the
value-added tax (VAT), if applicable, on the following sale of goods and
services for the exclusive use and enjoyment or availment of the PWD:

“(1) On the fees and charges relative to the utilization of all services in
hotels and similar lodging establishments, restaurants, and recreation centers;

“(2) On admission fees charged by theaters, cinema houses, concert halls,
circuses, carnivals, and other similar places of culture, leisure, and
amusement;

“(3) On the purchase of medicines in all drugstores;

“(4) On medical and dental services including diagnostic and laboratory
fees such as, but not limited to, x-rays, computerized tomography scans and
blood tests, and professional fees of attending doctors in all government
facilities, subject to the guidelines to be issued by the Department of Health
(DOH), in coordination with the Philippine Health Insurance Corporation
(PhilHealth);

“(5) On medical and dental services including diagnostic and laboratory
fees, and professional fees of attending doctors in all private hospitals and
medical facilities, in accordance with the rules and regulations to be issued by
the DOH, in coordination with the PhilHealth;

“(6) On fare for domestic air and sea travel;

“(7) On actual fare for land transportation travel such as, but not limited
to, public utility buses or jeepneys (PUBs/PUJs), taxis, asian utility vehicles
(AUVs), shuttle services and public railways, including Light Rail Transit
(LRT), Metro Rail Transit (MRT), and Philippine National Railways (PNR);
and

“(8) On funeral and burial services for the death of the PWD: Provided,
‘That the beneficiary or any person who shall shoulder the funeral and burial
expenses of the deceased PWD shall claim the discount under this rule for the
deceased PWD upon presentation of the death certificate. Such expenses shall
cover the purchase of casket or urn, embalming, hospital morgue, transport of
the body to intended burial site in the place of origin, but shall exclude
obituary publication and the cost of the memorial lot.

“(b) Educational assistance to PWD, for them to pursue primary,
secondary, tertiary, post tertiary, as well as vocational or technical education,
in both public and private schools, through the provision of scholarships,
grants, financial aids, subsidies, and other incentives to qualified PWD,


including support for books, learning materials, and uniform allowance to the
extent feasible; Provided, That PWD shall meet the minimum admission
requirements;

“(€) To the extent practicable and feasible, the continuance of the same
benefits and privileges given by the Government Service Insurance System
(GSIS), Social Security System (SSS), and Pag-IBIG, as the case may be, as are
enjoyed by those in actual service;

“(@) To the extent possible, the government may grant special discounts in
special programs for PWD on purchase of basic commodities, subject to the
guidelines to be issued for the purpose by the Department of Trade and
Industry (DT1) and the Department of Agriculture (DA); and

“(€) Provision of express lanes for PWD in all commercial and government
establishments; in the absence thereof, priority shall be given to them.

“(f) Exemption from payment of parking fees in all commercial
establishment such as shopping malls, markets, hospitals and the
like, as well as government buildings charging parking fees.”

SECTION 5. Section 4 of Republic Act No. 9257, as amended by
Republic Act No. 9994, otherwise known as the “Expanded Senior Citizens Act
of 2010,” is hereby further amended to read as follows:

“SEC 4. Privileges for the Senior Citizens. —
The senior citizens shall be entitled to the following:

“(a) the grant of twenty percent (20%) discount and exemption from the
value-added tax (VAT), if applicable, on the sale of the following goods and
services from all establishments, for the exclusive use and enjoyment or
availment of the senior citizen;

“(1) on the purchase of medicines, including the purchase of influenza and
pneumococcal vaccines, and such other essential medical supplies,
accessories, and equipment, to be determined by the Department of Health
(DOH). The DOH shall establish guidelines and mechanism of compulsory
rebates in the sharing of burden of discounts among retailers, manufacturers,
and distributors, taking into consideration their respective margins;”

“(2) on the professional fees of attending physician/s in all private
hospitals, medical facilities, outpatient clinics, and home health care services;

“(g) on the professional fees of licensed professional health providing
home health care services as endorsed by private hospitals or employed
through home health care employment agencies;

“(4) on medical and dental services, diagnostic and laboratory fees in all
private hospitals, medical facilities, outpatient clinics, and home health care
services, in accordance with the rules and regulations to be issued by the


DOH, in coordination with the Philippine Health Insurance Corporation
(PhilHealth);

“(g) in actual fare for land transportation travel in public utility buses
(PUBs), public utility jeepneys (PUJs), Asian utility vehicles (AUVs), shuttle
services and public railways, including Light Rail Transit (LRT), Mass Rapid
Transit or Metro Rail Transit (MRT), and Philippine National Railways
(PNR);

“(6) in actual transportation fare for domestic air transport services and
sea shipping vessels and the like, based on the actual fare and advanced
booki

king;

“(7) on the utilization of services in hotels and similar lodging
establishments, restaurants, and recreation centers;

“(8) on admission fees charged by theaters, cinema houses, and concert
halls, circuses, leisure and amusement; and

“(9) on funeral and burial services for the death of senior citizens;

“(b) exemption from the payment of individual income taxes of senior
citizens who are considered to be minimum wage earners in accordance with
Republic Act No. 9504;

“(c) the grant of a minimum of five percent (5%) discount relative to the
monthly utilization of water and electricity supplied by the public utilities:
Provided, That the individual meters for the foregoing utilities are registered
in the name of the senior citizen residing therein: Provided, further, That the
monthly consumption does not exceed one hundred kilowatt hours (100 kWh)
of electricity and thirty cubic meters (30 m®) of water: Provided, furthermore,
That the privilege is granted per household regardless of the number of senior
citizens residing therein;

“(d) exemption from training fees for socioeconomic programs;

“(e) free medical and dental services, diagnostic and laboratory fees such
as, but not limited to, x-rays, computerized tomography scans and blood tests,
in all government facilities, subject to the guidelines to be issued by the DOH
in coordination with the PhilHealth;

“(® the DOH shall administer free vaccination against the influenza virus
and pneumococcal disease for indigent senior citizen patients;

“(g) educational assistance to senior citizens to pursue post secondary,
tertiary, post tertiary, vocational and technical education, as well as short term
courses for retooling in both public and private schools through provision of
scholarships, grants, financial aids, subsidies and other incentives to qualified
senior citizens, including support for books, learning materials, and uniform
allowances, to the extent feasible, Provided, That senior citizens shall meet the
minimum admission requirements;


“(h) to the extent practicable and feasible, the continuance of the same
benefits and privileges given by the Government Service Insurance System
(GSIS), the Social Security System (SSS), and the Pag-IBIG, as the case may
be, as are enjoyed by those in actual service;

“(i) retirement benefits of retirees from both government and the private
sector shall be regularly reviewed to ensure their continuing responsiveness
and sustainability, and to the extent practicable and feasible, shall be
upgraded to be at par with the current scale enjoyed by those in actual service;

“(j) to the extent possible, the government may grant special discounts in
special programs for senior citizens on purchase of basic commodities, subject
to the guidelines to be issued for the purpose by the Department of Trade and
Industry (DTI) and the Department of Agriculture (DA);

“(K) provision of express lanes for senior citizens in all commercial and
government establishments; in the absence thereof, priority shall be given to
them; and

“Q) death benefit assistance of a minimum of Two thousand pesos (PhP
2,000.00) shalll be given to the nearest surviving relative of a deceased senor
citizen which amount shall be subject to adjustments due to inflation in
accordance with the guidelines to be issued by the DSWD.

“In the availment of the privileges, mentioned above, the senior citizen, or
his/her duly authorized representatives, may submit as proof his/her entitled
thereto any of the following:

“(a) an identification card issued by the Office of the Senior Citizen Affairs
(OSCA) of the place where the senior citizen resides, Provided, That the
identification card issued by the OSCA shall be honored nationwide;

“(2) the passport of the senior citizen concerned; and

“(g) other documents that establish that the senior citizen is a citizen of
the Republic and is at least sixty (60) years of age as further provided in the
implementing rules and regulations.

“In the purchase of goods and services which are on promotional
discount, the senior citizen can avail of the promotional discount or the
document provided herein, whichever is higher.

“The establishment may claim the discounts granted under subsections
(a) and of this section as tax deduction based on the cost of the goods sold or
services rendered: Provided, That the cost of the discount shall be allowed as
deduction from gross income for the same taxable year that the discount is
granted: Provided, further, That the total amount of the claimed tax
deduction net of VAT, if applicable, shall be included in their gross sales
receipts for tax purposes and shall be subject to proper documentation and to
the provisions of the National Internal Revenue Code (NIRC), as amended.”


“(m) Exemption from payment of parking fees in all
commercial establishments such as shopping malls, market,
hospital and the like, as well as government buildings charging
parking fees.”

SECTION 6. Procedure and Qualifications. - In order to avail the
additional privilege provided in this Act, the following shall be observed:

1. The PWD and Senior Citizen must either be a driver or a passenger in
the vehicle entering the establishment. Said PWD and Senior Citizen
must be able to present any of the following:

a. An identification card issued by the city or municipal mayor of the
barangay captain of the place where the PWD and Senior Citizen
reside;

b. The passport of the PWD and Senior Citizen concerned; and

c. Transportation discount fare Identification Card issued by the
National Council for the Welfare of Disabled Persons (NCWDP) and
National Commission of Senior Citizens (NCSC).

2. For the establishment of parking areas that are equipped with
automated ticketing machines, the presentation of the identification
documents of the PWD and the Senior Citizen availing of the free
parking privilege shall be made to the parking attendant in the booth
for validation of the documents upon exit in the establishment.

3. Subject to the availability of the parking slot, the additional privilege
of free parking for PWDs and Senior Citizens may be availed of on any
parking slot, of any level, if applicable, of the parking area which is
offered to the public on a first-come-first-served basis.

4. The parking privilege for PWDs and Senior Citizens shall only apply to
the regular operating hours of the commercial or government
establishment where the privilege is sought. The privilege herein
granted shall not apply to overnight parking.

SECTION 7. Implementing Rules and Regulations and Standard
Forms. - Within sixty (60) days from the promulgation of this Act, the
implementing rules and regulations for the proper implementation of its
provision shail be formulated by the appropriate government office or agency
in coordination with all the stakeholders and covered establishment and
institution.

SECTION 8. Separability Clause. -If any provision of this Act is
declared unconstitutional or otherwise invalid, the validity of the other
provisions shall not be affected thereby.


SECTION 9. Repealing Clause. — All laws, decrees, orders, rules, and
regulations or parts inconsistent with this Act are hereby repealed or modified
accordingly.

SECTION 10. Effectivity. - This Act shall take effect fifteen (15) days

after its publication in the Official Gazette or in a newspaper of general
circulation.

Approved,