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

Eighteenth Congress
First Regular Session

HOUSE BILLNo. _ 4°38

Introduced by Representatives Ria Christina G. Farifias
and Rudys Caesar G. Farifias I

EXPLANATORY NOTE

Every Filipino citizen is guaranteed the freedom of speech,
freedom of religion, right to information, and liberty of abode, among
others, as enshrined in the Bill of Rights or Article III of the 1987
Constitution. However, it should be noted that equality is different from
equity— equality is where everyone is treated the same regardless of. social
status but equity is uplifting those who are most in need to enable them to
enjoy the basic necessities of life. One might think equality is what
everyone deserves when equity and justice matter more. As a great
Filipino once said, “those who have less in life should have more in law.”

Persons with disability (PWDs) need special care and attention
from the government. Life with disability is understandably difficult. For
them, travelling from one place to another would take extra effort,
especially for those who have to commute. Their difficulties are
exacerbated by the dire lack of accessibility facilities in our streets and
buildings. We see foot bridges with only stairs to climb, pedestrian lanes
not manned by anybody who could assist them in crossing the street, and
sidewalks without access ramps and railings. While the government has
constructed numerous foot bridges, underpasses, waiting sheds,
sidewalks, and transportation terminals, many of these infrastructure lack
accessibility features for PWDs.

Republic Act No. 7277, otherwise known as the Magna Carta For
Disabled Persons And For Other Purposes, mandates the provision of

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accessibility facilities and features in public infrastructure but may have
failed in not specifically providing for accessibility facilities in, among
others, foot bridges, underpasses, pedestrian crossings, waiting sheds,
sidewalks, shopping malls, and other land, sea and air transportation
terminals, structures and facilities.

Through this bill, we hope to help enhance the mobility of our

PWDs and alleviate their difficulties as they strive to become more
productive members of our society.

RIA CHRJSTINS4G. FARINAS RUD



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

Eighteenth Congress
First Regular Session

HOUSE BILL NO. eee

Introduced by Representatives Ria Christina G. Farifias
and Rudys Caesar G. Farifias I

AN ACT
TO FURTHER PROMOTE THE MOBILITY OF PERSONS WITH
DISABILITY BY MANDATING CERTAIN ACCESIBILITY
FACILITIES AND SERVICES, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE
"MAGNA CARTA FOR DISABLED PERSONS,” AS AMENDED,
AND FOR OTHER PURPOSES

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

SECTION 1. Section 25, Chapter VI, of Republic Act (RA) No. 7277
is hereby amended to read as follows:
“Sec. 25. Barrier-Free Environment. — The State
shall ensure the attainment of a barrier-free environment that
will enable disabled persons to have access in public and
private buildings and establishments and such other places
mentioned in Batas Pambansa Bilang 344, otherwise known

as the "Accessibility Law".


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The national and local governments shall allocate
funds for the provision of architectural facilities or structural
features for disabled persons in government buildings and
facilities. SUCH ARCHITECTURAL FACILITIES AND
STRUCTURAL FEATURES INCLUDE THE
FOLLOWING:

A. FOOT BRIDGES AND UNDERPASSES
WITH WHEEL CHAIR RAMPS THAT ARE ELEVATED
AT A REASONABLE ANGLE, RAILINGS, AND
ACCESIBLE ELEVATORS;

B. WAITING SHEDS WITH RAMPS,
RAILINGS AND SUCH OTHER IMPROVEMENTS OR
FACILITIES NECESSARY TO MAKE THEM
ACCESIBLE TO PERSONS WITH DISABILITY; AND

C. COVERED WALKS OR WALKWAYS
LEADING TO THE NEAREST PUBLIC TRANSPORT
STOP OR TERMINAL, IF SUCH STOP OR TERMINAL
IS NOT MORE THAN ONE HUNDRED (100) METERS

AWAY FROM ANY GOVERNMENT BUILDING.


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IN ADDITION, LAND, AIR AND SEA
TRANSPORTATION TERMINALS SHALL PROVIDE
FACILITIES DEDICATED FOR PWDS EQUIPPED
WITH ACCESSIBILITY FEATURES, INCLUDING
TOILETS, TICKETING COUNTERS, WAITING
LOUNGES, AND PARKING AND DROP OFF SPACES,
WITH VISIBLE SIGNAGES INDICATING THAT
THESE FACILITIES ARE FOR PWDS.

OPERATORS OF SHOPPING MALLS SHALL
ENSURE THAT PWDS SHALL BE PRIORITIZED IN
THE USE OF ELEVATORS AND ESCALATORS, AND
THAT THERE ARE RAMPS GOING TO AND FROM
PARKING LOTS.”

SEC. 2. Section 40 of RA 7277 is hereby amended to read as

follows:

“Sec. 40. Role of National Agencies and Local
Government Units. — Local government units shall
promote the establishment of organizations of disabled
persons in their respective territorial jurisdictions. National
agencies and local government units may enter into joint

ventures with organizations or associations of disabled


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persons to explore livelihood opportunities and other
undertakings that shall enhance the health, physical fitness
and the economic and social well-being of disabled
persons.

THE DPWH AND DOTR, IN COORDINATION
WITH THE LGUS, SHALL CONDUCT OCULAR
INSPECTION AND MONITORING OF GOVERNMENT
BUILDINGS AND FACILITIES TO ENSURE
COMPLIANCE WITH THIS ACT. THESE AGENCIES
SHALL BE RESPONSIBLE FOR ENSURING THE
AVAILABILITY, ACCESSIBILITY, AND
MAINTENANCE OF THE FACILITIES REQUIRED IN

THIS ACT.”

SEC. 3. Section 46 of RA 7277 is amended to read as follows:

“Sec. 46. Penal Clause. -

(a) Any person who violates any provision of this Act shall

suffer the following penalties:
(1) For the first violation, a fine of not less than Fifty
thousand pesos (P50,000.00) but not exceeding One
hundred thousand pesos (P100,000.00) or

imprisonment of not less than six months but not


more than two years, or both at the discretion of the
court; and
(2) For any subsequent violation, a fine of not less
than One hundred thousand pesos (P100,000.00) but
not exceeding Two hundred thousand pesos
(P200,000.00) or imprisonment for not less than two
years but not more than six years, or both at the
discretion of the court.
(b) Any person who abuses the privileges granted herein shall
be punished with imprisonment of not less than six months or
a fine of not less than Five thousand pesos (P5,000.00), but
not more than Fifty thousand pesos (P50,000.00), or both, at
the discretion of the court.
(©) If the violator is a corporation organization or any similar
entity, the officials thereof directly involved shall be liable
therefore.
(d) If the violator is an alien or a foreigner, he shall be
deported immediately after service of sentence without further

deportation proceedings.


Upon filing of an appropriate complaint, and after
notice and hearing the proper authorities may also cause the
cancellation or revocation of the business permit, permit to
operate, franchise and other similar privileges granted to any
business entity that fails to abide by the provisions of this Act.

MAYORS OF CITIES AND MUNICIPALITIES
WHO ARE REMISS IN THE IMPLEMENTATION OF
THIS ACT SHALL BE ADMINISTRATIVELY
SANCTIONED IN ACCORDANCE WITH RA 7160 AND
OTHER EXISTING LAWS, RULES AND REGULATIONS,

AND ORDINANCES.”

SEC. 4. A new Section 46-A is hereby added and inserted after

Section 46 of RA 7277, to read as follows:

“SEC. 46A. CITIZEN’S SUIT. FOR THE
PURPOSES OF ENFORCING THE PROVISIONS OF
CHAPTER VI (ACCESSIBILITY), ANY CITIZEN MAY
FILE AN APPROPRIATE CIVIL OR ADMINISTRATIVE
ACTION IN THE PROPER COURTS OR
ADMINISTRATIVE BODIES AGAINST:


a) THE DEPARTMENT IN CHARGE WITH
RESPECT TO ORDERS, RULES AND REGULATIONS
ISSUED INCONSISTENT WITH THIS ACT; AND

b) ANY PUBLIC OFFICER WHO WILFULLY
OR GROSSLY NEGLECTS THE PERFORMANCE OF HIS
DUTY OR ABUSES AUTHORITY IN THE
PERFORMANCE OF DUTY OR, IN ANY MANNER
IMPROPERLY PERFORMS THE DUTIES UNDER THIS
ACT OR ITS IMPLEMENTING RULES AND
REGULATIONS; PROVIDED, THAT NO SUIT CAN BE
FILED UNTIL AFTER A NOTICE OF THE INFRACTION
HAS BEEN GIVEN TO THE PUBLIC OFFICER AND NO
APPROPRIATE ACTION HAS BEEN TAKEN THEREON
WITHIN THIRTY (30) DAYS FROM RECEIPT OF SUCH

NOTICE.”

SEC. 5. Implementing Rules and Regulations. — The Secretaries of
Department of Public Works and Highways (DPWH) and Department of
Transportation (DOTr), shall promulgate the necessary rules and
regulations to implement the provisions of this Act.
SEC. 6. Appropriations. — The amount necessary for the effective
implementation of this Act shall be charged to the budget of DPWH and

DOTr under the annual General Appropriations Act.

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SEC. 7. Separability Clause. - If any portion of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of
the other provisions not affected thereby.

SEC. 8. Repealing Clause. - All laws, executive orders,
administrative orders, and rules and regulations inconsistent with this
Chapter are hereby repealed or amended accordingly.

SEC. 9. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its complete publication in the Official Gazette or in two (2)
newspapers of general circulation.

Approved,