Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

5129

HOUSE BILL NO.

Introduced By Representative ALLAN BENEDICT S. REYES

EXPLANATORY NOTE

The wheelchair is one of the most commonly used assistive devices for promoting
personal mobility and enhancing the quality of life of individuals who may have difficulties in
moving around, particularly persons with disabilities, senior citizens, and pregnant women.

Under the Magna Carta for Disabled Persons, it is the declared policy of the State to
give full support to the improvement of the total well-being of persons with disabilities and
their complete integration into the mainstream of society. The State also recognizes the role
of the private sector in promoting the welfare of persons with disabilities, thus, encouraging
partnership in programs that address their special needs and concerns. Under Article 20 of
the United Nations Convention on the Rights of Persons with Disabilities, member-states are
also required to support the development and servicing of assistive devices and equipment
to allow people with disabilities to restore their social functioning and participation in
community affairs, thereby, helping them become productive members of their communities.

Similarly, the Expanded Senior Citizens Act of 2003 aims to give full support to the
improvement of the total well-being of the elderly and their full participation in society. It also
recognizes the important role of the private sector in improving the welfare of senior citizens,
thus, pursues their partnership for programs that are beneficial to the senior citizens, their
families and the rest of the community they serve.

Lastly, Philippine laws are protective of women and the unborn. In fact, no less than
Section 14 of Article XIII of the Philippine Constitution mandates the State to protect working
women through provisions for opportunities that would enable them to reach their full
potential. It is also the declared policy of the State to equally protect the life of the mother and
the life of the unborn from conception.

Despite these avowed policies of the State, however, persons with disabilities, senior
citizens and pregnant women do not fully enjoy the quality of life they deserve because most
establishments in the country do not provide readily available assistive devices that may
promote their personal mobility.

Based on the 2010 Census of Population and Housing (2010 CPH), 1.44 million
persons (or 1.57 percent) out of the 92.1 million household population in the country had
disability. By year 2020, it is estimated that persons with disabilities will comprise 19.9% of
the population. Globally, it was estimated that 20 million of those requiring a wheelchair for

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mobility did not have one. There are also indications that only a minority of those in need of
wheelchairs have access to them.

Meanwhile, senior citizens, or those aged 60 years old and over, constitute 6.8 percent
of the household population based on the 2010 CPH. By end of the year 2018, it was
estimated that there were at least 8,013,059 Filipinos over 60 years old, constituting 8.2% of
the total population. Of this group, 5,082,049 were said to be 65 years old and older. Thus,
the country is said to be moving toward an aging population. Of these statistics, a great
number of our senior citizens already have difficulties in walking, hence, are in need of
wheelchairs for mobility.

Moreover, a total of 1,731,289 live births were registered in the country in the year
2016 alone. This is equivalent to about seventeen (17) births per thousand population. On
the average, therefore, our women are said to be giving birth to about 4,730 babies per day
From conception and during pregnancy, walking and moving around becomes generally
more difficult for women since they are carrying more weight than what their respective
bodies are used to. They may also experience pregnancy fatigue and exhaustion as
hormonal changes take place in their bodies. Hence, pregnant women may also require
wheelchairs for their mobility.

This Bill seeks to mandate all public accommodations and services to place at least
two (2) wheel chairs in readily accessible areas of their establishments for the free use and
enjoyment of persons with disability, senior citizens, pregnant women and other individuals
who may need them. This way, the declared policy of the State to give full support to the
improvement of the total well-being of persons with disabilities and senior citizens as well as
the protection of women and the unborn is further achieved.

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

QUA J

HON. ALLAN BENEDICT S. REYES
Representative
3" District, Quezon City

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 5129

Introduced By Representative ALLAN BENEDICT S. REYES

AN ACT MANDATING THE FREE PROVISION OF WHEELCHAIRS IN ALL PUBLIC
ACCOMMODATIONS AND SERVICES FOR THE USE OF PERSONS WITH DISABILITY,
SENIOR CITIZENS, PREGNANT WOMEN, AND OTHER INDIVIDUALS WHO MAY NEED

THEM

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 “Wheelchair Provision
Act of 2019.”

1

2

3

4 SECTION 2. Mandate. - All public accommodations and services are mandated to
5 place at least two (2) wheel chairs in readily accessible areas of their establishments for
6 the free use and enjoyment of persons with disability, senior citizens, pregnant women
7 and other individuals who may need them.

8

9 SECTION 3. Coverage. - For this purpose, the Act shall adopt the definition and
10 coverage of “public accommodations and services” provided under Section 35 of the
11 Magna Carta for Disabled Persons, fo wit:

12

13 SECTION 35. Public Accommodations and Services. - For purposes of this
14 Chapter, public accommodations and services shall include the following:

15

16 (a) an inn, hotel, motel, or other place of lodging, except for an establishment
17 located within a building that contains not more than five (5) rooms for rent
18 or hire and that is actually occupied by the proprietor of such establishment
19 as the residence of such proprietor;

20 (b) a restaurant, bar or other establishment serving food or drink;

21 (c) a motion picture, theater, concert hall, stadium, or other place of exhibition
22 or entertainment;

23 (d) an auditorium, convention center, lecture hall, or other place of public
24 gathering;

25 (e) a bakery, grocery store, hardware store, shopping center, or other sales or
26 rental establishment;

27 (f) a bank, barber-shop, beauty-shop, travel service, funeral parlor, gas station,
28 office of a lawyer, pharmacy, insurance office, professional office of a health
29 care provider, hospital or other service establishment;

30 (g) a terminal, depot, or other station used for specified public transportation;
31 (h) a museum, gallery, library or other place of public display or collection;

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WOYAHEWNHE

(i) a park, zoo, amusement park, or other place of recreation;

(j) a nursery, elementary, secondary, undergraduate, or post-graduate private
school, or other place of education;

(k) a gymnasium, health spa, bowling alley, golf course; or

(I) other place of exercise or recreation.

SECTION 4. Penalties. - After observance of due process, any establishment found
violating this Act shall be fined and/or penalized as follows:

First Offense: Ten Thousand Pesos (P10,000.00)

Second Offense: Twenty Thousand Pesos (P20,000.00)

Third or Subsequent Offense: Thirty Thousand Pesos (P30,000.00) and
suspension of license or permit to operate for a period of not less than thirty (30)
days

SECTION 5. 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 appropriate
government office or agency in coordination with all the stakeholders and covered
establishments and institutions.

SECTION 6. Repealing Clause. — All laws, 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.

SECTION 7. 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.

SECTION 8. Effectivity Clause. — This Act shall take effect fifteen (15) days after
its publication the Official Gazette or in the two (2) national newspaper of general
circulation.

Approved,

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