Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session
8519

Introduced by Representative John Marvin “Yul Servo” C. Nieto

Explanatory Note:

It is a mandate of the State as provided in Constitution to provide infants and children
with the necessary assistance they require, especially if it is in the nature of their
overall health and development.

Article XV of the 1987 Constitution, SEC. 3 (2):
The State shall defend:

"The right of children to assistance, including proper care and nutrition, and
special protection from all forms of neglect, abuse, cruelty, exploitation, and
other conditions prejudicial to their development;”

It is also the responsibility of the State to protect and further strengthen the Filipino
family for it is considered as the foundation of the nation, therefore, parents and
guardians must be provided with a supportive environment that is conducive in
addressing the needs and challenges of raising their children. The value of the family
unit must be continuously recognized and affirmed by the state for it is integral for
society building.

The proposed measure seeks to require the mandatory provision of having diaper-
changing stations in restrooms regardless if it is a common area accessible to all.
Presently, there are still numerous establishments that do not have diaper-changing
tables, while existing ones are currently only accessible to women for they are located
inside the women’s restroom. This measure also seeks to recognize Filipino fathers who
have an active role in child care tasks by providing them the space to do so. Lastly,
this measure also seeks to require all food establishments to provide child-friendly
seats for their customers.

In view of the foregoing, the approval of this measure is earnestly sought.

a

JOHN IN “YYl SERVO” C. NIETO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

8519

House Bill No.

Introduced by Representative John Marvin “Yul Servo” C. Nieto

AN ACT
REQUIRING THE PROVISION OF INFANT-FRIENDLY FACILITIES IN
GOVERNMENT AGENCIES AND MAJOR ESTABLISHMENTS IN THE PHILIPPINES

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

SECTION 1. Short Title. - This Act shall be known as the "Infant-Friendly Facilities
Act."

SEC. 2. Declaration of Policy. - The State recognizes that all Filipinos are entitled to
access to convenient facilities that will enable them to properly undertake their
respective responsibilities of childcare. The State mandates, therefore, that these
facilities are sanitary, safe and readily available for all persons, and that all private and
public establishments comply with these conditions for the benefit of the general
public.

The State further recognizes the collective need for ensuring that families with infants
or toddlers are entitled to facilities that will cater to their needs of specialized seating
for their comfort and convenience without requiring these families to procure additional
equipment for their infants or young children.

SEC. 3. Definition of Terms. - The following terms shall be used in this Act:

a. "Common Seating" shall refer to the actual number of seats available for
customers of a particular food service establishment.

b. "Child-Friendly Seating" shall refer to high chairs or any seating apparatus
that will be used to allow infants or children to be seated at tables or counters at
an elevated distance from the ground.

c. "Early-stage Child" shall mean any child of any age whose size and
developmental stage allows placement in child-friendly seating equipment.

d. "Diaper-changing Station" shall mean an area where a person can change
the diapers of a child. The station shall accommodate at least a 20-pound child


and shall have a trash bin for the disposal of diapers. It shall also have hand-
washing facilities, in good condition and working,

e. "Food Service Establishment” shall mean any privately-owned facility
business, firm or enterprise that is primarily oriented towards the provision of
food services for its customers, the general public. These include restaurants,
eateries or other facilities that are contained within malls or other larger
structures, as well as those establishments that have their own independent
infrastructure. This does not apply to food service establishments that operate
as nightclubs or bars that do not permit anyone who is under 18 years of age to
enter the premises.

f. "Major Establishment" shall mean malls, shopping centers, theaters or
movie houses, convention centers, sports arenas, auditoriums, cultural
complexes, exhibition halls, permanent amusement parks, health facilities,
restaurants that can seat 50 people or more, gasoline stations that have
restrooms opened to the public and establishments measuring 25,000 feet or
more. This does not apply to an industrial building or to a nightclub or bar that
does not permit anyone who is under 18 years of age to enter the premises. This
section also does not apply to a restroom located in a health facility if the
restroom is intended for the use of one patient or resident at a time.

g. "Government Offices” shall mean all local and national government offices,
agencies, and government-owned and controlled corporations.

h. "Patrons" refer to any individual or group that avails of any of the offered
food, as well as the services of the food service establishment.

PARTI
ACCESS TO CHILD-FRIENDLY SEATING

SEC. 4. Provision of Child-Friendly Seating. - Food service establishments are
required to have, at all times, child-friendly seating equipment for patrons that have at
least one (1) early-stage child present with them at the time that they procure the food
or services of the establishment.

SEC. 5. Proportion of Child-Friendly Seating to Common Seating. - Owners and
managers of food service establishments must ensure that they will be able to provide
a proportion of at least one (1) child-friendly seat for every ten (10) common seat
available.

PART IL
ACCESS TO DIAPER-CHANGING STATIONS FOR MEN'S AND WOMEN'S
RESTROOMS

SEC. 6. In General. - There shall be at least one safe, sanitary, and convenient baby
diaper-changing station that is accessible to restrooms used exclusively by women and
restrooms used exclusively by men, or at least one safe, sanitary, and convenient baby
diaper-changing station that is accessible to both men and women in all major
establishments and government offices,


SEC. 7. Exceptions. - Section 6 shall not apply if the local building inspector
determines that the installation of a baby diaper-changing station is not feasible or
would result in a failure to comply with applicable building standards governing the
right of access for persons with disabilities. This provision shall also not apply to a
restaurant with a seating capacity of 50 people, if there is a centrally located facility
with a baby diaper-changing station located within 30 meters of the entrance to the
restaurant.

PART III
OTHER PROVISIONS

SEC. 8. Implementation - The Secretary of Health is mandated to provide the
implementing rules and regulations of this law.

SEC. 9. Penalties. - Major establishments that fail to comply with any of the
provisions of this Act within one year from its enactment shall be meted with a
warning. Major establishments that fail to comply with the provisions of this Act six (6)
months after being issued a warning shall pay a fine of two thousand pesos (PhP
2,000.00) for every succeeding month until compliance is made.

SEC. 10. Separability Clause. - If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.

SEC. 11. Repealing Clause. - All laws, executive orders, rules and regulations, or any
part thereof inconsistent herewith are deemed repealed, modified, or amended
accordingly.

SEC. 12. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in any newspaper of general circulation.

Approved,