Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH CONGRESS
First Regular Session

siu.no, 3489

HOUS

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

EXPLANATORY NOTE

An estimated 15% of the world’s population, or 1 billion people, live with a disability, 650
million of which live in Asia and the Pacific!2. Many of these persons with a disability are

unable to access basic social services because of environmental barriers. Inaccessible

environments contribute to their economic and social exclusion*.

Article 9 on Accessibility of the UN Convention on the Rights of Persons with Disabilities, to

which the Philippine Government signed in 2008, encourages signatory States to:

“ take appropriate measures to ensure to persons with disabilities access, on an equal
basis with others, to the physical environment, to transportation, to information and
communications, including information and communications technologies and
systems, and to other facilities and services open or provided to the public, both in
urban and in rural areas. These measures, which shall include the identification and
elimination of obstacles and barriers to accessibility, shall apply to, inter alia: (a)
Buildings, roads, transportation and other indoor and outdoor facilities, including
schools, housing, medical facilities and workplaces; (b) Information, communications

and other services, including electronic services and emergency services.”

WHO and World Bank (2011), World Report on Disability. Geneva, WHO and The World Bank

2 United Nations Eeonomic and Social Commission for Asia and the Pacilic (2012) Incheon Strategy to “Make the Right Real
for Persons with Disabilities mn Asus and the Pacific
Dasabulity an the Philippines: A Situation Aualysis January 2010



In 2012, the Incheon Strategy to “Make the Right Real” for Persons with Disabilities in Asia
and the Pacific was drafted. It builds on the Convention on the Rights of Persons with
Disabilities and the Biwako Millennium Framework for Action and Biwako Plus Five
towards an Inclusive, Barrier-free and Rights-based Society for Persons with Disabilities
in Asia and the Pacific. Goal 3 of the Incheon Strategy - Enhance access to the physical
environment, public transportation, knowledge, information and communication
reinforces access to the physical environment and public transportation as a “precondition
for persons with disabilities to fulfill their rights in an inclusive society. The accessibility
of urban, rural and remote areas based on universal design increases safety and ease of
use not only for persons with disabilities but also for all other members of society. Access.
audits are an important means of ensuring accessibility and must cover all stages 23 of the

process of planning, design, construction, maintenance, and monitoring and evaluation’.

In 2016, the Sustainable Development Goals (SDG) came into force. Countries around the
world adopted 17 Goals to put us on the path to “end poverty, protect the planet, and ensure
prosperity for all. Member States are tasked to make educational facilities accessible, to
improve on accessibility of built cities, public spaces and public transportation, and to

enhance access to information and communications technology.

This bill seeks to upgrade and improve the scope of Batas Pambansa Bilang 344 (BP 344) to
make it more relevant to the needs of Filipinos with disabilities and to ensure that no one is
left behind in the country’s effort to end poverty, inequality, and provide a better future for

all Filipinos.

‘Thus, the immediate passage of this law is earnestly sought.

‘ALFRED VAR$AS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH CONGRESS
First Regular Session

89
HOUSE BILL NO. 3

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

An Act Providing for Accessibility to Built Environment, to Transportation,
Information and Communication Technology and to Other Facilities and Services
open or provided to the Public for Persons with Disabilities

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

SECTION l. Short Title. - This Act shall be known as the "Accessibility for All Persons with
Disabilities Act”

SECTION 2. Declaration of Policy - {t is the policy of the State to Provide for the
establishment of universal design principles for the development of policies and plans and
the implementation of actions and measures pertaining to the accessibility of facilities and
services open or provided to the public.

‘Towards this end, the State shall facilitate the attainment of a barrier-free environment that
will enable all persons to have access in public and private buildings, establishments and
facilities. It shall exert efforts to remove all social, cultural, economic, environmental and
attitudinal barriers that are prejudicial to persons with disabilities. Likewise, the State shall
take appropriate measures for the integration of persons with disabilities into the
mainstream of society.

Furthermore, the State shall take appropriate measures to ensure that persons with
disabilities have access, on an equal basis with others, to the physical environment, to
transportation, to information and communications, including information and
communications technologies and systems, and to other facilities and services open or
provided to the public, both in urban and in rural areas.

SECTION 3. Coverage - This Act applies to all government and privately owned buildings for
public use to include common areas in residential condominiums, buildings, roads, and other
indoor and outdoor facilities, including schools, public libraries, housing, medical facilities,


restaurants, theaters, parks, workplaces, to transportation, to information and
communications, including information and communications technologies and systems, and
to other facilities and services open or provided to the public, both in urban and in rural
areas.

SECTION 4. Definition of Terms - For purposes of this Act.

a) Accessibility refers to the degree to which a product, device, service or environment is
accessible by as many people as possible especially persons with disabilities so that thy
can live independently and participate fully in all aspects of life.

b) Accessible ICT practices refer to measures that remove access barriers that restrict
business and social interactions between persons with disabilities and non-disabled
individuals. They also refer to practices that remove age-related barriers to participation
in society and reduce language and literacy-related barriers in society. An example of
accessible ICT practice is the use of descriptive text for images, Braille, large print,
human-reader, and augmentative and alternative formats. Accessible ICT practices apply
to programs, products, and services in various areas, such as education, employment,
transportation, telecommunications, and other forms of infrastructure. For the web,
accessible ICT practices include internationally accepted practices, such as the voluntary
1SQ accessibility practices in information technology and the Web Content
Accessibility Guidelines Version 2.0 of the World Wide Web Consortium, as well as the
mandatory Joint Memorandum Circular 01 (series 2010) on Accessible Website Design
Guidelines.

c) Barrier-Free Environment refers to the environment that is unhindered, without
obstructions to enable persons with disability free passage or use of the facilities.

d) Built-environment - Refers to the structure. Most generally it is defined as the part of
the physical environment that is constructed by human activity. By one definition, the
built environment consists of the following elements: land use patterns, the distribution
across space of activities and the buildings that house them; the transportation system,
the physical infrastructure of roads, sidewalk, bike paths, etc, as well as the service this
system provides; and urban design, the arrangement and appearance of the physical
elements in a community.

©) Facility/Service Users - shall pertain to individuals using the facilities including
information and communication systems of the public institutions and private
establishments.

f) Persons with Disabilities - include those who have long-term physical, mental,
intellectual, or sensory impairments which in interaction with various barriers may
hinder their full and effective participation in society on an equal basis with others.


g) Providers - refers to public institutions, private establishments, and facilities providing
programs and services open or provided to the public.

h) Sign Language Interpreter - refers to a person trained in translating from a spoken to a
signed language to facilitate communication between a deaf and a hearing person.

i) Transportation and Fac s - refers to land, road, rail, sea and air transportation
serving the general public, including facilities and other services for passengers with
disabilities to complete their travel with ease and on an equal basis with others; (the use
of facility users is to break the stigma that it is only for persons with disabilities.

}) Universal Design- is the design of products, environments, programs, and services to be
usable by all people, to the greatest extent possible, without the need for adaptation or
specialized design. "Universal design” shall include assistive devices for particular
groups of persons with disabilities where this is needed.

k) Web Accessibility the application of accessibility principle in the website such as
providing for adjustment of font sizes, audio options, and others to facilitate users’ equal
access to information and communication regardless of abilities and disabilities,

SECTION 5. Accessibility in Buildings intended for public use - All buildings as defined
in the Building Code of the Philippines, sports and recreational facilities, including outdoor
and indoor facilities provided or open to public shall be made accessible and safe to all facility
users including children, older persons and persons with disabilities by providing ramps,
tactile guides, priority lanes, accessible toilets, audio instructions, signages and other forms
of communication in accessible formats to facilitate independent mobility in the facility;

Universally designed products, features, and facilities shall be incorporated in the design and
construction of all government and privately-owned buildings for public use, transportation
facilities, and all other public components of the built environment:

Service provider whenever necessary shall make available forms of live assistance and
intermediaries, including guides, readers and certified sign language interpreters, including
service guide dogs to facilitate accessibility to buildings, transportation, and information
communications and other facilities open to the public;

SECTION 6. Accessibility to Transportation - All land, sea, and air transport vehicles and
carriers open for public use including buses, trains, ships and, airplanes shall have
accessibility features and mechanisms as deemed necessary to facilitate safe boarding and
disembarkation of all passengers including persons with disabilities without discrimination
of any form;


All Service Providers and operators including PUY, ships and other conveyors that modify or
adopt a design;

All Service providers and operators of public transportation and implementing agencies
should be capacitated and are required to provide training for personnel on assisting
persons with disabilities in terminals and during boarding and disembarkation.

SECTION 7. Accessible Communication - All government institutions and private
establishments providing services open or provided to the public shall consider ICT
accessible practices information and communications by making available computers
accessible and accessible information technology devices, facilitating accessible
telecommunication and accessible broadcasting services to all users including persons with
disabilities; It shall ensure compliance to as stipulated in RA 10905. The Department of
Information, Communication Technology (DICT) shall come up with a research study on the
development of accessible ICT with appropriate agencies in ICT.

All national and local government offices shall take into account the accessibility for persons
with disabilities in providing public information by making available information materials
in accessible formats, providing sign language interpretation and ensuring website
accessibility for all users;

Service providers for telecommunication, broadcasting, information, computer, and other
information technology devices shall make efforts to take into account the accessibility for
persons with disabilities in providing services or manufacturing devices on the basis of
usability;

Information and communication technology devices, hardware and other components shall
be designed appropriately for the ease of use of persons with different types of disabilities;

SECTION 8. Access Audit Teams - The Department of Public Works and Highways (DPWH)
through its Regional Offices shall lead the creation of Access Audit Teams in coordination
with the LGU Provincial/ City government units to monitor the full implementation of the
law. The Access Audit Teams shall include representatives from the Department of
Transportation, Department of Information and Communications Technology, and persons
with disabilities to participate in the assessment of the accessibility of facilities.

SECTION 9. Penalty Clause - Any person violating any provision of this Act or of the rules
and regulations shall suffer the following penalties:

For the first violation, a fine of not less than Two Hundred Fifty thousand pesos (P
250,000.00) but not exceeding Five hundred thousand pesos (P500,000.00) or
imprisonment of not less than six (6) months but not more than two (2) years, or both at
the discretion of the court


For any subsequent violation, a fine of not less than Five hundred thousand pesos
(P500,000.00) but not exceeding One Million pesos (P1,000,000.00) or imprisonment for
not less than two (2) years but not more than six (6) years, or both at the discretion of the
court

Any person who abuses the privileges granted herein shall be punished with imprisonment
of not less than six (6) months or a fine of not less than Five thousand pesos (5,000.00) 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 including the
building administrator and local government unit (LGU) building officials thereof directly
involved shall be liable therefor.

If the violator is an alien or a foreigner, he shall be deported immediately after service of
sentence without further deportation proceedings.

SECTION 10. Appropriations.- All government agencies shall include in their budget the
amount necessary to carry out the provisions of this Act. Thereafter, such amount shall be
included in the General Appropriations Act. The Department of Budget and Management
(DBM), Commission on Audit (COA) and National Council on Disability Affairs (NCDA) shall
monitor the implementation of this Act.

SECTION 11. Implementing Rules and Regulations ~ The Department of Public Works
and Highways (DPWH) in coordination with Department of Transportation (DOTr),
Department of Information and Communications Technology (DICT), with the Department
of Interior and Local Government (DILG), Department of Education (DepED) and National
Council on Disability Affairs (NCDA), and Civil Society Organizations (CSO) and Disabled
People's Organizations (DPO) representatives shall promulgate the necessary rules and
regulations for the effective implementation of the provisions of this Act.

SECTION 12. Separability Clause. - If any provision of this Act is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and in effect.

SECTION 13. Repealing Clause. - Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule or regulation contrary to or inconsistent with
the provision of this Act is hereby repealed, modified, or amended accordingly.

SECTION 14, Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,