EPRES,
CO BEN

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House BillNo.__— 38 04)

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. Lixewise, 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 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 rehabilitating 1,017 public toilets in its
attached 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 a 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 roms. Moreover, it fils the
inadequacy of current ordinances on the same, which are made for specific groups of people namely
persons with disabilities (PWD) and senior citizens

Hence, approval of this measure is earnestly sought

eth./

EULOGIO “AMANG” R. MAGSAYSAY


SIXTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

House of Representatives

House Bill No. 30

Introduced by Rep. Eulogio “Amang” R. Magsaysay

AN ACT PROHIBITING COLLECTION OR SOLICITATION OF FEES FOR THE USE OF
COMFORT ROOMS IN COMMERCIAL AREAS APPROPRIATNG 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 2013."

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 estalishment 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. if any provision of this Act is declared unconstitutional or
otherwise invalid, the validity of the other provisions shail not be affected thereof.

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

Approved,