Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4977
House Bill No.

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.

JOHN IN//YUL SERVO” C. NIETO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House No. ae
—_—.
Introduced by Representative John Marvin “Yul Servo” C. Nieto

eo

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 fs 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 II
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 IIT
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,