Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. 7235

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

EXPLANATORY NOTE

The State recognizes the remarkable contributions of persons with
disabilities (PWDs) in our development as a nation. In line with this, the country
has enacted Batas Pambansa (B.P.) Blg. 344, otherwise known as the “Accessibility
Law” in 1983. This piece of legislation has initially facilitated the inclusion of
PWDs into the mainstream of Philippine society.

However, after 35 years of its implementation, it has been observed that
the Accessibility Law does not cater fully to the accessibility needs of PWDs. For
one, B.P. 344 does not provide the sanctions for the unauthorized use and
obstructions of parking spaces reserved for PWDs. As such, these parking spaces
are frequently used by persons without disability, thereby preventing PWDs from
being able to access essential services.

This bill seeks to address this particular shortcoming of the Accessibility
Law mandating the provision of exclusive parking for PWDs, defining the
prohibited acts, and providing the penalties in cases of violation.

In the thrust of ensuring the attainment of a barrier-free environment for
PWDs, the immediate passage of this bill is sought.

LFRED VARGAS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

SEVENTEENTH CONGRESS
Second Regular Session

7235

HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

AN ACT
MANDATING THE PROVISION OF EXCLUSIVE PARKING SPACE FOR PERSONS
WITH DISABILITY AND PENALIZING THE UNAUTHORIZED USE THEREOF,

AMENDING FOR THE PURPOSE BATAS PAMBANSA BLG. 344, OTHERWISE
KNOWN AS THE ACCESSIBILITY LAW

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

SECTION 1. Section 1 of Batas Pambansa Blg. 344 is hereby amended to
read as follows:

“SECTION 1. In order to promote the realization of the rights
of [disabled] persons WITH DISABILITY to Participate fully in the
social life and the development of the societies in which they live and
the enjoyment of the opportunities available to other citizens, no
license or permit for the construction, repair or renovation of public
and private buildings for public use. Educational institutions,
airports, sports, and recreation centers and complexes, shopping
centers or establishments, public parking places, work-places, public
utilities, shall be granted or issued unless the owner or operator
thereof shall install and incorporate in such building, establishment,
institution or public utility, such architectural facilities or structural
features as shall reasonable enhance the mobility of [disabled]
persons WITH DISABILITY such as sidewalks, ramps, railings, and
the like. If feasible, all such existing buildings, institutions,
establishments, or public utilities, may be renovated or altered to
enable the [disabled] persons WITH DISABILITY to have access to
them: Provided, however, That buildings, — institutions,
establishments, or public utilities to be constructed or established
for which licenses or permits had already been issued may comply
with the requirements of this law: Provided, further, That in case of
government buildings, street and highways, the [Ministry]
SECRETARY of Public Works and Highways shall see to it that the
same shall be provided with architectural facilities or structural
features for [disabled] persons WITH DISABILITY,


In the case of the parking place of any of the above
institutions, buildings, or establishment, or public utilities, the
owner or operator shall reserve sufficient and suitable space for the
EXCLUSIVE use of [disabled] persons WITH DISABILITY.”

SEC. 2. A new Section 2A is hereby added to Batas Pambansa Blg. 344, to
read as follows:

“SEC. 2A. PROHIBITION ON PARKING. - IT IS UNLAWFUL:

a) FOR ANY PERSON WITHOUT DISABILITY TO USE, BLOCK
OR OTHERWISE OBSTRUCT THE PARKING SPACES IN
ANY GOVERNMENT AND PRIVATE ESTABLISHMENTS,
BUILDINGS AND STRUCTURES EXCLUSIVELY RESERVED.
FOR PERSONS WITH DISABILITY (PwDs)

b)

FOR ANY PERSON IN THE EMPLOY OF GOVERNMENT
ESTABLISHMENTS, BUILDINGS AND STRUCTURES TO
TOLERATE OR ALLOW THE USE OF THESE RESERVED
PARKING SPACES BY PERSONS WITHOUT DISABILITY.

ANY VEHICLE OPERATOR WHO IS WITHOUT. DISABILITY
SHALL NOT USE THE RESERVED EXCLUSIVE PARKING SPACES FOR
PWDS UNLESS A PWD IS A PASSENGER OF THE VEHICLE.”

SEC. 3. Section 4 of Batas Pambansa Blg. 344 is hereby amended to read as
follows:

(SEC. 4. Any person violating any provision of this Act or of
the rules and regulations promulgated hereunder shall, upon
conviction by a court of competent jurisdiction, suffer the penalty of
imprisonment of not less than one month but not more than one. year
ora fine of two thousand pesos (Php2,000.00) to five thousand pesos
(PhpS,000.00) or both, at the discretion of the court: Provided, That
in the case of corporations, Partnerships, cooperatives or
associations, the president, manager or administrator, or the person
who has charge of the construction, repair or renovation of the
building, space or utilities shall be criminally responsible for any

violation of this Act and/or rules and regulations promulgated
pursuant thereto.]

SEC. 4, PENALTY CLAUSE, -

(1) ANY PERSON WHO VIOLATES ANY OF THE PROVISION
OF THIS ACT SHALL BE PAY A FINE OF NOT LESS THAN
TEN THOUSAND PESOS (PHP10,000.00) BUT NOT MORE
THAN FIFTY THOUSAND PESOS (PHPS0,000.00).

(2) ANY ESTABLISHMENT. COVERED UNDER SECTION 3 OF
THIS ACT WHO FAILS TO PROVIDE THE REQUIRED


PARKING SPACE FOR PWDS SHALL PAY A FINE OF NOT
LESS THAN SEVENTY-FIVE THOUSAND PESOS
(PHP75,000.00) BUT NOT MORE THAN TWO HUNDRED
THOUSAND PESOS (PHP 200,000.00)

SEC. 4. The title of Batas Pambansa Blg, 344 is hereby amended to read as
“An Act to Enhance the Mobility of Persons with Disability by Requiring Certain
Buildings, Institutions, Establishments, and Public Utilities to Install Facilities and
Other Devices,” and all references on the said law to “disabled persons” shall
likewise be amended to read as “persons with disability.”

SEC. 5. Implementing Rules and Regulations. - The Secretary of Public
Works and Highways and the Secretary of Transportation, in coordination with the
Executive Director of the National Council on Disability Affairs, shall promulgate

and issue the implementing rules and regulations within sixty (60) days upon
approval of this Act.

SEC. 6. Separability Clause. - If any provision of this Act is declared invalid

or unconstitutional, the provisions not affected thereby shall continue to be in full
force and effect.

SEC. 7. Repealing Clause. - All laws, executive orders, presidential decrees,
Presidential proclamations, letters of instruction, rules and regulations or parts

thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SEC. 8. Effectivity. ~ This Act shall take effect within fifteen (15) days
following its publication in the Official Gazette or in two (2) newspapers of general
circulation in the Philippines.

Approved,