Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. 8692

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

EXPLANATORY NOTE

Accessibility has always been a challenge for persons with disabilities in our
country particularly with respect to public transportation. It is very difficult for a
person with disability to avail of and use our existing public transportation systems
such as the MRT and the LRT, let alone be able to use them independently,
because these were not designed to accommodate their needs.

While the Philippines does have the Batas Pambansa Blg. 344, otherwise
known as the Accessibility Law, the said law, having been enacted way back in
1982, is already outdated and has never been fully enforced or implemented in the
country possibly because of the broad provisions embodied therein. The provisions
of BP 344, in fact, does not contain the principles of Universal Design as this
concept was only born in 1997. The relevant provisions of BP 344 are only limited
to these:

“SECTION 1. xxx ... no license or permit for the construction, repair
or renovation of xxx public utilities xxx shall be granted or issued
unless the owner or operator thereof shall install and incorporate in
such building xxx or public utility such architectural facilities or
structural features as shall reasonably enhance the mobility of
disabled persons such as sidewalks, ramps, railings and the like... xxx


SECTION 2. In case of public conveyance, devices such as the
prominent display of posters or stickers shall be used to generate
public awareness of the rights of the disabled and foster
understanding of their special needs. Special bus stops shall be
designed for disabled persons. Discriminating against disabled
persons in the carriage or transportation of passengers is hereby
declared unlawful.”

On April 15, 2008, the Philippines ratified the United Nations
Convention on the Rights of Persons with Disabilities (UNCRPD). The
UNCRPD is an international human rights treaty of the United Nations
intended to protect the rights and dignity of persons with disabilities. Parties
to the Convention are required to promote, protect, and ensure the full
enjoyment of human rights by persons with disabilities and ensure that
persons with disabilities enjoy full equality under the law. The Convention
serves as a major catalyst in the global disability rights movement enabling
a shift from viewing persons with disabilities as objects of charity, medical
treatment, and social protection towards viewing them as full and equal
members of society with human rights.

The Philippines, as a signatory thereto, is obliged to implement its
provisions. Article 9 thereof states that:

“ Article 9
Accessibility

1. To enable persons with disabilities to live
independently and participate fully in all aspects of life, States
Parties shall take appropriate measures to ensure to persons with
disabilities access, on an equal basis with others, to the physical
environment, to transportation, to information and
communications, including information and communications
technologies and systems, and to other facilities and services
open or provided to the public, both in urban and in rural areas.
These measures, which shall include the identification and
elimination of obstacles and barriers to accessibility, shall apply to,
inter alia:

(a) Buildings, roads, transportation and other
indoor and outdoor facilities, including schools, housing, medical
facilities and workplace:



(b) Information, communications and other
services, including electronic services and emergency services.”

In the First Constructive Dialogue between the UNCRPD Committee
and the Philippines held in Geneva, Switzerland in 2018, milestones, as
well as remaining gaps and challenges in the latter's implementation of the
provisions of the Convention, were thoroughly discussed. Thereafter, the
UNCRPD Committee through its Concluding Observations came up with
various recommendations for the Philippines (as a State Party) some of
which pertain to the issue of accessibility, to wit:

“(a) Conduct a review of its legislation and adopt a plan
of action to develop accessibility to the physical environment,
transportation, information and communications of all persons
with disabilities. The State party should adhere to the principle
of Universal Design as laid down in Article 2 of the Convention
ensuring that the infrastructure, transportation, services, and
technologies are designed for and usable by all people to the
greatest extent possible, without the need for further adaptation or
specialized design;

(b) Expand accessibility laws and
protect the accessibility of all persons with disabilities;

(c) Establish complaint procedures and monitoring of
accessibility requirements concerning public and private services,
facilities, and procurement procedures ensuring the right of and
resources for organizations of persons with disabilities to support
complaint procedures and monitor accessibility;

(d) Strengthen the technical and financial resources
to ensure accessibility to transportation beyond the available
accessible seats on public buses;

(e) Increase the use of jeepneys for all persons with
disabilities;
(f) Take into account its obligations under Article 9 of the

Convention that are relevant to targets 11.2 and 11.7 of the
Sustainable Development Goals in order to provide access to
safe, affordable, accessible and sustainable transport
systems to persons with disabilities by adapting public


special attention to the requirements of persons
ies;

transport
with disabi

(g) Adopt monitoring indicators to assess
improvements in accessibility.”

This Bill is, therefore, being proposed in response to the recommendations
laid down by the UNCRPD Committee and in order to supplement, strengthen,
and update our existing Accessibility Law, and ensure its enforcement this time
no matter how small of a step it might take. As a strategy, this Bill intentionally
focuses only on the public rail transit systems in the country, leaving out other
modes of public transportation for now. By tackling the issue of accessibility of
our train systems first, the purpose of this Act as well as of BP 344 will be
achieved much quicker, and it may very well serve as the first step to
transforming our entire public transportation system into a disability-responsive
one.

Ewe C. Coat,

ERIC L. OLIVAREZ


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Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. Oe

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

“AN ACT MANDATING THE DEPARTMENT OF TRANSPORTATION TO
INSTALL, CONSTRUCT, PROVIDE, MAINTAIN, AND IMPROVE FACILITIES
TO ENSURE THE FULL ACCESS, INDEPENDENCE, SAFETY, AND
MOBILITY OF PERSONS WITH DISABILITIES USING THE
PUBLIC RAIL TRANSIT SYSTEMS AND ALLOTING AN
ANNUAL BUDGET THEREFOR

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

Section 1. Short Title. This Act shall be known as the “Public Rail Transit
System Safety and Accessibility Act of 2021”

Section. 2. Installation, Construction, Provision, and Maintenance of
Facilities Responsive to the Needs of Persons with Disabilities. The Department
of Transportation (DOTr) shall install, construct, provide, and, thereafter, maintain
facilities to ensure the full access, independence, safety, and mobility of persons
with disabilities to public rail transit and/or train systems in the country. The
facilities to be installed, constructed, or provided shall fully comply with the


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principles of Universal Design, and shall be fully responsive to the needs of
relevant stakeholders.

Section. 3. Facilities to Promote Independence and Safety. The facilities to
be installed, constructed, provided, and maintained shall enable a person with
disability to independently and efficiently enter the premises of the station,
independently and safely aboard the train, independently, safely, and comfortably
travel from one station to another until he/she reaches her destination, and
independently and safely alight the train and exit the premises of his/her
destination station. To this end, the DOTr shall ensure the following:

1. Elevators

a. Elevators in every station are fully functional during the entire operating
hours of the rail transit system.

b. The doors must remain open for at least five (5) seconds.

c. Aural warnings should be given when doors are about to be opened or
closed.

d. Elevator controls, both outside and inside, should be operable by
wheelchair users and have tactile markings for persons with visual
impairment.

e. There must also be an alternative or reserved elevator strictly for the use
of persons with disabilities and other vulnerable passengers for when
the regular elevators experience unexpected downtime;

2. Obstacle free route and safe pavements

a. Existing gaps between the train doors and the platform which are a
serious hazard not only to persons with disabilities but also to other
passengers boarding the train shall immediately be eliminated;

b. Tactile warnings detectable by a long cane or underfoot shall be installed
and maintained in critical areas to alert persons with visual disability or
impairment of hazardous surfaces, grade changes, or gaps.

c. Aminimum of one (1) obstacle-free route that interconnects the following
points and services shall be provided for:

1. stopping points for other connecting modes of transportation within
the station confines (e.g. MRT to LRT station, etc.);


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2. shopping mall entrances, car parks, etc.,
3. other accessible entrances and exits

d. These obstacle-free routes shall be clearly identified by visual
information. Provided, that information on the obstacle-free route shall be
given to visually impaired people by a minimum of one of the following
means:

1. tactile paths
2. audible tactile signs
3. talking signs,
4. braille maps.

If a tactile path is installed, it shall be provided along the full length of
the obstacle- free route(s).

e. Within the station confines, furniture and free-standing devices shall be
positioned where they do not obstruct visually impaired people, and
where they shall be detectable by a long-cane user.

f. Pavements should have a good level of slip resistance with a consistent
texture and with a well-defined edge.

g. Paving slabs should have an even surface to avoid the risk of tripping
and be smooth enough for wheelchairs.

. Lighting

Lighting should be even and consistent inside the stations and the
trains, and the brightness thereof should not be too bright as to make it
uncomfortable for persons with visual impairment.

. Special Lanes, Areas, and Seating

Special lanes, car areas, and seating for persons with disabilities and
other vulnerable passengers shall be strictly maintained.

. Signs, Marks, and Announcements


1 Important signs, marks, and announcements inside the station shall

2 be retrofitted so that they can also be understood by persons with
8 disabilities.
4 6. Call-For Assistance and Information Facility

5 a. There must be a call-for-assistance and call-for-information (i.e. help
6 desk) in every station staffed by someone who is capacitated to
7 sensitively, properly, and effectively help or assist persons with
8 disabilities. A clear signage of the existence thereof and where to find it
9 shall be posted in a conspicuous place inside the station in a manner that

10 can be seen, understood, and/or detected by persons with disabilities.

oe b. Information displayed on signs should be as clear as possible even to
12 people with learning difficulties. For this reason, messages or statements
13 shall be simple, succinct, direct to the point, and unambiguous.

4 c. Signs and directories intended to be read at close range should be
15 mounted as close as possible to the standard eye-level range.

16 7. Comfort Rooms

7 Comfort rooms in every station must be responsive to the needs of
18 persons with disabilities and other vulnerable passengers. They must be
19 spacious enough to allow people in wheelchairs to safely and comfortably
20 access and use said comfort rooms. They must also be provided with
24 sufficient grips and other supportive devises with proper and even flooring
2 and lighting and without unnecessary or misplaced furnishings or obstacles.
23 8. Train Interior and Seating

24 The train’s interior shall be furnished with proper assistive devises to
25 ensure that persons with disabilities can travel safely and comfortably from
26 one station to another. Particularly, the seats exclusively designated for
27 them shall comply with the principles of Universal Design.

28 9. Passenger Capacity

29 The number of operation trains should eventually be increased within
30 the next five (5) years to avoid overcrowding, pushing, and extreme heat
31 inside the train, among other hazards and issues that could affect the safety

32 or persons with disabilities and other vulnerable passengers.


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10.Other Necessary Adjustments

Other necessary adjustments to the public rail transit system such as
the station signs, flooring, lighting, steps and stairs, elevators, comfort
rooms, ticket sales points, entrances and exits, pavements, tracks, help
desks, station furniture (e.g. seating areas, tables, etc.), vending machines,
announcement systems, train interiors, and seating, among other areas or
aspects, shall be made so as to eliminate hazards and ensure that the
space is safe, convenient, and passenger-friendly for persons with
disabilities and that the public rail transit system is fully compliant with the
principles of Universal Design.

Section 4. Consultation with Relevant Stakeholders and Partners. The DOTr
shall conduct intensive consultations with relevant stakeholders such as persons
with different disabilities (e.g. sight, hearing, talking, mobility, dexterity, and
learning, among others), women and children with disabilities, guardians or
persons taking care of or regularly accompanying persons with disabilities, and
senior citizens who, due to their age, are suffering from impairments whether
serious or mild. The DOTr shall also invite relevant government agencies such as
the National Council on Disability Affairs (NCDA), the Philippine Commission on
Women (PCW), and the Council for the Welfare of Children (CWC), among others,
and non-government organizations (NGOs) advocating for the rights of persons
with disabilities. The consultations shall be mandatory in every stage of the project
including planning, design, execution, and evaluation, and all the relevant stages
in between.

Section 5. Accessibility Budget. The DOTr is hereby mandated to allot and
utilize at least ten percent (10%) of its annual budget in the installation,
construction, provision, maintenance, and improvement of the facilities that
promote and ensure the full accessibility, independence, and safety of persons
with disabilities who are using the public transit rail systems until the train system
infrastructure in the country becomes fully compliant with the principles of
Universal Design. Once the transit systems are fully compliant with the principles
of Universal Design, the annual budget allotment may be decreased to a
percentage sufficient to cover regular repairs and maintenance of the facilities
constructed, installed, or provided in accordance with this Act.

Section 6. Accessibility Guidelines and Code of Practice. The NCDA shall
work with the DOTr in drafting and publishing a Public Rail Transit System
Accessibility Guidelines and Code of Practice anchored on the principles of
Universal Design. The purpose of the Accessibility Guidelines and Code of


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Practice is to provide for the minimum standard for a disability-responsive public
rail transit system as well as guide the officers and employees thereof in making
railway travel safe, easy, and comfortable for passengers with disabilities.

The Accessibility Guidelines shall also serve as one of the bases for the
Commision of Audit's (COA) observations and findings and/or audits of DOTr's
Accessibility Budget Utilization.

In developing and drafting said Guidelines and Code of Practice, it shall be
mandatory to conduct consultations with and gather inputs from relevant
stakeholders, partner agencies and NGOs, and experts, whether from the
academe or the public and private sector.

The Accessibility Guidelines and Code of Practice shall be revisited and
revised every five (5) years or as often as necessary like when there have been
recent developments with regard to the concept or principles of Universal Design
and other relevant prevailing international standards on transportation for persons
with disabilities.

Section 7. Annual Accessibility Plan and Budget. The DOTr shall prepare
and submit an annual Accessibility Plan and Budget to NCDA and COA detailing
the projects to be undertaken by the DOTr in the coming year and/or continued, if
the project has already been commenced in the previous years. The NCDA shall
provide technical assistance and guidance to the DOTr in order to ensure that the
plan is truly and substantively responsive to the needs of persons with disabilities.
The COA shall peruse the said plan vis-a-vis the Accessibility Budget Report to be
submitted by the end of the year in order to determine whether the agency was
able to achieve its targets and utilize the required accessibility budget allocation.

Section 8. Accessibility Budget Report and Audit. The DOTr is hereby
mandated to submit an annual Accessibility Budget Report to the Commission on
Audit (COA). The COA shall conduct an annual audit of the DOTr’s Accessibility
Fund to see whether the agency complies with the required accessibility budget
utilization required by this Act.

Section. 9. Monitoring and Evaluation. A monitoring and evaluation system
to shall be developed in order to assess the public rail transit systems’
improvements in terms of accessibility.

Section 10. /mplementing Rules and Regulations. The DOTr in partnership
with the NCDA, and in consultation with relevant stakeholders, national


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government agencies, NGOs, and invited experts on Accessibility and Universal
Design, shall, within ninety (90) days from the implementation of this Act,
promulgate the implementing rules and regulations to effectively carry out the
provisions of this Act.

Section 11. Separability Clause. If, for any reason, any part, section or
provision of this Act is held invalid or unconstitutional, the remaining provisions not
affected thereby shall continue to be in force and effect.

Section 12. Repealing Clause. All laws, decrees, executive orders,
proclamations, rules and regulations, and other issuances, or part or parts thereof,
which are inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

Section 13. Effectivity Clause. This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or at least two (2) newspapers of general
circulation, whichever comes earlier.

Approved.