Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

447

HOUSE BILL NO.

Introduced by Representative Manuel Luis T. Lopez

EXPLANATORY NOTE

In a November 2016 Study conducted by the United Children Fund (“UNICEF”), it
said that “In the Philippines, around 7 million people continue to practice open defecation
and 26 million use unhygienic facilities. Most septage and wastewater flows untreated
into open canals, rivers and other water bodies causing serious environment hazards.” It
added further that The average Filipino family spends about PHP1,000 per family
member per year falling sick due to absence of toilets.” Lotta Sylwander, UNICEF
Representative in the Philippines added that “there was enough evidence to show the
direct negative impact of poor sanitation on children’s health, education and huge
economic burden this causes on the society.” She concluded by saying that “investing in
proper family toilets equals to investing in children’s and community's safety and well-
being”.

According to the 2015 Joint Monitoring Program of the World Health Organization
("WHO") and the UNICEF, “only 74 percent of the population have their own toilet
facilities, while 26 percent, or roughly 26 million, still use unimproved facilities like
buckets and open-pit latrines or do not have their own toilet facilities, of which seven
million still defecate in the open - in fields, forests, bushes, bodies of water and other open
spaces.”

Thus, there is a need for the government to address this problem by providing the
portion of the population lacking proper toilet facilities a safe, hygienic, and accessible
one.

This bill was first filed in the 17% Congress by this representation and has been
pending with the Committee on Local Government since September 8, 2017.

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



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

44?

HOUSE BILL NO.

Introduced by Representative Manuel Luis T. Lopez

AN ACT
MANDATING ALL LOCAL GOVERNMENT UNITS TO ESTABLISH AND PROVIDE
COMMUNAL AND HYGIENIC TOILET AND SHOWER FACILITIES IN THEIR
RESPECTIVE JURISDICTIONS FOR THE USE OF THEIR CONSTITUENTS
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the “Palikuran sa Bakuran Act
0f 2019."

SEC. 2. Declaration of Policy. - The 1987 Constitution provides that “The State
shall protect and promote the right to health of the people and instill health
consciousness among them.”

Further, the Constitution states that “The State shall adopt an integrated and
comprehensive approach to health development which shall endeavor to make essential
goods, health and other social services available to all the people at affordable cost. There
shall be priority for the needs of the under-privileged, sick, elderly, disabled, women, and
children. The State shall endeavor to provide free medical care to paupers.”

Consistent with these principles, it is the duty of the State to provide safe, clean,
and sanitary toilet facilities for the underprivileged members of society.

SEC. 3. Definition of Terms. - As used in this Act, the following terms are defined
as follows:

a. Poverty Incidence- refers to the proportion of families/ individuals with per

capita income less than the per capita Poverty Threshold to the total
number of families /individuals.

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b. Poverty Threshold- is the minimum income required for a family/
individual to meet the basic food and non-food requirements, also known
as the poverty line.

¢. Communal Toilet Facilities ~ refers to the toilet facilities that must be
provided by the Local Government Unit ("LGU") through the respective
Barangays, which must have separate structures for males, females,
children, and the disabled. These facilities shall be sufficient to address all
sanitation needs of an individual, which must at all times be kept safe,
clean, and hygienic.

. Specialized Training of maintenance personnel- cleaners should be
professionally trained and certified by Department of Health ("DOH") to
perform effectively and efficiently their tasks. Supervisors should also be
trained by the DOH with the necessary skills to inspect and supervise the
level of cleanliness and functionality of the toilet and shower premises.

e. Amenities- shall include but not be limited to the following:

i. Waste bins (hand-free with foot pedal) with liners.

i, _ Sanitary bins (hand-free with foot pedal) with liners.

Hand-dryer blower or tissue dispenser.

Sanitizers in every closet and urinal

Refuse bins (for used tissues).

Medical sharps disposal unit.

Toilet brush.

Soap dispensers.

Extra-large toilet paper roll holder/toilet tissue sheet dispenser.
x. Toilet pan seats.
xi, Water hoses (in at least one cubicle).

xii, Mirrors.

xiii, Clothes hangers (durable, of sufficient strength to support a
minimum of 7 kilograms) to be placed at the back of each cubicle’s
doors.

xiv, Mop sink utilized by cleaning and maintenance personnel to clean
and sanitize sited in a separate room, located closest as possible to
the public toilet premise.

xv. _ Diaper changing benches or tables and child seats.

xvi, Sanitary pads distributing machines located immediately outside
the toilet premise.

xvii, Atleast Five (5) shower facilities with door and lock.

xviii, Towel and clothes hanger.
xix. Separate dressing rooms with lockers.

SEC. 4. Coverage. - All LGU’s having in their jurisdiction residents and individuals
falling below the poverty threshold or where the poverty incidence rate exists, must
provide communal toilet facilities with the corresponding amenities, which must be
accessible to the beneficiaries.

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SEC. 5. Maintenance and Upkeep. - The maintenance of the communal toilet
facilities shall be a joint undertaking between the LGU and the beneficiaries. The LGU
shall provide the necessary allocation and subsidy to ensure that the facility is preserved
ina safe and hygienic condition.

The daily cleaning shall be performed alternately by the designated
representatives of the LGU and the beneficiaries, who have undergone the specialized
training. Periodic monitoring is to be conducted by the LGU to ensure that the standard
of cleanliness is maintained.

SEC. 6. Prohibition. - It is expressly prohibited for any LGU, organization, or
individual to charge or collect any fee or amount from the users or beneficiaries of the
communal toilet facilities.

SEC. 7. Penalties. - A fine of Five Hundred Pesos (2500) shall be imposed on the
person failing to keep the maintenance and cleanliness standard of the toilet facility.

Any person found violating this Act for the second offense shall be imposed a fine
of One Thousand Pesos (P1,000).

Any person found violating this Act for the third offense shall be imposed a fine of
‘Two Thousand Pesos (P2,000) and the accessory penalty of perpetual disqualification of
from availing the benefit of the communal toilet facility

Any person unlawfully charging any fee from the beneficiaries or users shall be
imposed a fine of Ten Thousand Pesos (P.10,000) and imprisonment of not less than one
(1) day but not more than thirty (30) days.

SEC. 8. Implementing Rules and Regulations and Standard Forms, - Within
sixty (60) days from the promulgation of this Act, the necessary rules and regulations for
the proper implementation of its provisions shall be formulated by the DOH in
coordination with all the stakeholders, LGUs, and other sectors affected.

SEC, 9. Repealing Clause. - All laws, ordinances, executive orders, administrative
orders, rules, regulations, decrees, and other issuances or parts thereof, which are
inconsistent with the provisions of this Act are hereby revoked, repealed, or modified
accordingly.

SEC. 10. Separability Clause. - If any provision of this Act is held unconstitutional
or invalid, the other provisions not affected thereby shall continue in operation and
remain in full force and effect.

SEC. 11. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in a newspaper of general circulation or the Official Gazette.

Approved,

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