Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
‘Second Regular Session

House BillNo.__G183

Introduced by Rep. Eulogio “Amang” R. Magsaysay

EXPLANATORY NOTE

As enshrined in the Constitution, the State promotes general welfare for the enjoyment
of all people. Likewise, the fundamental law also promotes basic services to the under-
privileged. Good infrastructure is a fundamental component in the proper delivery of basic
social services. Free and functional toilets are among them. Hence, availability and access to
the same deserve the attention of stakeholders. More than affecting the quality of our
business areas, shortage of said facilities reduce the dignity and quality of people's lives and
give positive or negative impressions.

However, a number of our business establishments especially high-end malls charge
fees for the use of comfort rooms or toilets, the reason being the maintenance of facilities.
This negates the foregoing constitutional provisions. There is also a shortage of free and good
comfort rooms in the country. Our public school system for one has an estimated shortfall of
more than 150, 000 comfort rooms. This has exposed schoolchildren to dengue and other
diseases.

In a 2007 World Bank study on the economic impacts of sanitation in Southeast Asia it
was estimated that the Philippines lose an approximately $9 billion a year because of poor
sanitation. The study further said that 9.1 million Filipinos still went to the toilet in the open,
relying on the streets or in the fields, while 15.2 million use public toilets. Recently, the
Department of Transportation and Communication (DOTC) bared its plan of constructing and
Tehabilitating 1,017 public toilets in its attached agencies, including airports, seaports and
train stations across the country. This news is a welcome development as our infrastructure
needs a major facelift especially with the renewed campaign of the Department of Tourism
(DOT) to reinvigorate the tourism industry. Nonetheless, while additional infrastructure is
Needed, changing current practices like charging of fees for the use of comfort rooms is
necessary to serve the public. Further, improved sanitation practices will help boost the local
tourism industry, which is trying its best to reinvigorate the country's spot in the competitive
tourism market.

While “pay toilets” can be found around the world, they have lost their popularity
particularly in the United States where a campaign by the Committee to End Pay Toilets In
‘America (CEPTIA) resulted in laws against pay toilets being made in a number of cities and
states in the mid-1970s due to loss of profits.

This bill seeks to prohibit the collection or solicitation of fees from any person using
comfort rooms in commercial areas in order to give access to the public especially the under-
privileged to basic services. It also gives solution to the shortage of our public comfort rooms.
Moreover, it fills the inadequacy of current ordinances on the same, which are made for
specific groups of people namely persons with disal (PWD) and senior citizens.

Hence, approval of this measure is eamestly sought. Dp

EULOGIO “AMANG” R. MAGSAYSAY



FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )
House of Representatives

House Bill No. 183.

Introduced by Rep. Eulogio “Amang” R. Magsaysay

AN ACT PROHIBITING COLLECTION OR SOLICITATION OF FEES FOR THE USE OF
COMFORT ROOMS IN COMMERCIAL AREAS, APPROPRIATING FUNDS AND
PROVIDING MECHANISMS 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 "Free Comfort Rooms Act of 2012."

Section 2. Declaration of Policy. It is a state policy to promote general welfare for the
enjoyment of all people. Likewise, the state also values the promotion of basic services to the
under-privileged.

Section 3. Administration, Implementation and Monitoring. The Department of Interior
and Local Government (DILG) and the local government units (LGUs) shall administer and
monitor the implementation of this Act. They shall provide the Implementing Rules and
Regulations for the same.

Section 4. Prohibited Acts. No person or business establishment owner shall collect or solicit
fees from any person for the use of comfort rooms within their premises.

Section 5. Penalties. Any person or business establishment owner caught violating the
foregoing provision shall be charged with the following penalties:

A. First Offense — A fine of ten thousand pesos (P10,000.00)
B. Second Offense — A fine of twenty thousand pesos (P20,000.00) or one year
imprisonment at the discretion of the courts.

In case of business establishments owned by a partnership, the partners who own
such establishment shall be held liable such as the head and/or the manager of corporations
found violating the law.

Section 6. Appropriations. The appropriations needed for the implementation of this Act shall
be shouldered primarily by the DILG and the LGUs through their internal Revenue Allotment
(IRA).

Section 7. Repealing clause. All laws, decrees, orders, ordinances, rules and regulations or
parts thereof inconsistent with this Act are hereby repealed or modified accordingly.

Section 8. Separability clause. |f any provision of this Act is declared unconstitutional or
otherwise invalid, the validity of the other provisions shall not be affected thereof.

Section 9. Effectivity. This Act shall take effect fifteen (15) days after publication in at least
two (2) newspapers of general circulation.

Approved,