Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City,  Metro Manila
NINETEENTH CONGRESS
First Regular Session
House BIH No.  5496
INTRODUCED BY REPRESENTATIVE BERNADETTE "BH" HERRERA
EXPLANATORY NOTE
ln  the  Philippines,  persons  with  disabilities  (P\/\/Ds)  represent at  least twelve  percent
(12%)  of the  adult  population  from  ages  15 and above.   This is based on the  National
Disability   Prevalence   Survey   conducted    by   the   Philippine   Statistics   Authority   in
2016-2018.   They  constantly  face  significant  barriers  in  accessing  education,  health
care,  community and citizenship  participation,  and  in  seizing economic opportunities.  In
addition,  due to lack of support services,  persons with disabilities who require personal
assistance  have  to  rely  on  their  family  members  who  in  turn  have  to  reduce  their
working hours, or stop working altogether to provide such support.
P\/VDs and their families incur significant additional disability costs related to accessing
essential services,  seeking, and retaining work, and participating in society. These costs
include   private  transportation,   support  for  information  and  communication,  assistive
devices,  and  human assistance.  Overall,  persons with disabilities have less income and
more expenses than those without disabilities, which greatly increase their vulnerability,
and undermine their economic empowerment and escape from poverty.
Accordingly,  the government has enacted various legislations to provide PVVDs with the
opportunity  to  participate  in  mainstream  society  and  to  support  their total  well-being.
Among  the various  measure  that were  adopted  by the government are the granting of
five  percent  (5%)  to twenty  percent  (20%)  disability  discount on  various services and
commodities,  granting  of tax exemptions,  and the mandatory and subsidized PhilHealth
membership.
Vvhile   the  above  mentioned   measures  contribute  to   improving  the  socio-economic
sjtuatjon   of   the   PVVDs,   they   still   have   significant   limitations.   For   one,   while   the
mandatory   PhilHealth   membership   is   supposed   to  cover  the  healthcare  needs  of
persons   with   disabilities,    barriers   to   actually   accessing   these   services   remain
unaddressed.  For another, the benefits of the disability discount and tax exemptions are
felt mainly by  PVVDs who already have a certain level of income and purchasing power.


b)      To ensure that private entities that offer facilities and services which are open or
provided to the  public take  into account all  aspects of accessibility for persons
with disabilities.
c)      To provide training for stakeholders on accessibility issues facing persons with
disabilities.
d)      To  provide  in  buildings and  other facilities open to the public signage  in  Braille
and in easy to read and understand forms.
e)      To provide forms of live assistance and intermediaries, including guides, readers
and professional sign language interpreters, to facilitate accessibility to buildings
and other facilities open to the public.
f)       To promote other appropriate forms of assistance and support to persons with
disabilities to ensure their access to information.
g)      To   promote   access   for   persons   with   disabilities   to   new   information   and
communications technologies and systems, including the Internet.
h)      To promote the design, development,  production and distribution of accessible
information and communications technologies and systems at an eariy stage, so
that these technologies and systems become accessible at minimum cost.
Likewise,   the   participation   of   persons   with   disabilities   in   the   development   of   the
implementing rules and regulations, and monitoring and evaluation of the proposed law are
important factors to ensure progressive realization of an environment that will allow them to
live independently in the community with accessibility and inclusiveness for all.
In view of the foregoing, the immediate passage of this bill is earnestly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HouseBi||No.5496
INTRODUCED BY REPRESENTATIVE BERNADEITE "BH" HERRERA
"AN ACT PROVIDING ACCESSIBILITY 0F PERSONS WITH DISABILITIES T0 THE
BUILT ENVIRONMENT, TRANSPORTATION, INFORMATION AND COMMUNICATION
TECHNOLOGY AND OTHER FACILITIES AND SERVICES OPEN OR PROVIDED TO
THE PUBLIC AMENDING FOR THE PURPOSE BATAS PAMBANSA BILANG 344
OTHERWISE KNOWN AS THE ACCESSIBILITY LAW "
B_e  it  enact.ed  by. fhp  Senate  and  the  House  of  Representatives  of  the  Philippines  in
Congress Assembled
SECTION  1.  Short Title. -This Act shall  be known as the "Accessible Environment for All
Persons with Disabilities Act"
SECTION 2. Declaration of Policy. -  lt is the poliey of the State to adopt a universally design
facilities and services open or provided to the  public and the development of policies and
plans  promoting  the  universally  design  concepts  in  the  implementation  of  actions  and
measures pertaining to accessibility of the physical environment for all persons.
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  for  public  use,
establishments, and facilities.  It shall exert efforts to remove all social, cultural, economic,
environmental  and   attitudjnal   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  built  environment,  to
transportation,     to     information     and     communications,     including     information     and
communication  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 infrastructure that enables persons with disabilities to
live independently and participate fully in all aspects of life.
b)      Accessible   Environment   refers   to   the   infrastructure   such   as   the   built
environment    including    Information    and    Communications   Technology   that
enables persons with disabilities to live independently and  participate fully in all
aspects of life.
c)      Barrier-Free Environment refers to the environment that js unhindered, without
obstructions to enable persons with disability free passage or use of the facilities.
d)      Built¢nvironment   refers   to   the   structure.   It   is   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.
e)      Accessible lcT 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 lcT 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
lcT practices  include internationally accepted  practices,  such as the voluntary
lso  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.
0        Facility/Service  users shall  pertain to individuals using the facilities  including
information  and  communication  systems  of the  public  institutions  and  private
establishments.
g)      Persons with Disabilities refer to those who have long term physical,  mental,
intellectual or sensory impairments, which in interactions to various barriers may
hinder their full and effective participation on an equal basis with others.
h)       Providers   refer  to   public   institutions,   private   establishments   and   facilities
providing programs and services open or provided to the public.


i)        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.
j)       Transportation and Facilities referto land, road, rail, sea and airtransportation
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 jt is only for persons
with disabilities.
k)       Universal  Design   is  the  design  of  products,   environments,   programs  and
services to be usable by a]l 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.
I)        WebAccessibilify is 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. Coverage. -This Act applies to all government and privately owned buildings
for public use to include common areas in residential and commercial buildings, roads, and
other  indoor  and  outdoor  facilities,  including  schools,  public  libraries,  housing,  medical
facilities, restaurants, theaters, parks, workplaces, to transportation and transport terminals.
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  6.   Granting of Permit and  Licenses To  Build,  Renovate and  Operate  Building
Establishments  and  Public  Transport  to  Ensure  Accessibility.  -  ln  order  to  promote  the
realization of the rights of persons with disabilities to participate fully in the society and  in
the development of the societies in which they live and the enjoyment of the opportunities
on an equal basis with others, the following shall be complied and fulfilled by all concerned
individuals, government and private entities:
1.       No  license or permit shall  be granted  or issued,  unless the owner or operator
thereof shall include the installation and incorporation of accessibility features in
the design and work plan for the construction, repair or renovation of public and
private  buildings for public use.   The following shall  include  in securing  permits
and license to build the following, but not limited to, structures such as:
a.   All   educational   institutions,   especially   public   schools,   state   universities,
training institutions accredited by TESDA, DEPED and Commission on Higher
Education, and other educational and training institutions.
b.   All airports and terminals for buses, trains, ships and ferries and other forms
of public transport.
c.   recreation  centers,  sports  complexes,  gymnasia,  public  multipurpose  halls,
evacuation centers
d.   shopping centers, public markets, and related establishments,
e.   public   parking   places,   parks,   tourist   destinations   and   accommodations,
restaurants and
f.    government offices, workplaces,  action centers and  all facilities that provide
services to the public


9.   hospitals,    barangay    health    units,    diagnostic   centers,    medical    clinics,
rehabilitation, and other facilities intended for the public
h,   public utility vehicles such as (aircraft, buses, trains, publicjeepneys and other
local mode of transportation)
2.   In  all  buildings,  establishments,  institutions  and  other facilities  for  construction  or
renovation,  the  following  accessibility  features  shall  be  installed  to  enhance  the
mobility and safety of all persons with disabilities, such as, but not limited to:
a.  Parking Space for vehicles conveying persons with disabilities using mobility
devices or driven by drivers with disabilities
b.  Ramps with handrails
c.  Elevator
d.  Directional Tactile leading to toilets, stairs, elevators, and other facilities
e. Wheelchair Accessible toilets with grab  bars  (at least 2 cubicles  in common
toilets for male  and  female) with  sink wash  area  accessible for wheelchair
users and other types of disabilities
f.   Non-skid tiles on walkways and inside the toilets
9.  Entrance door in compliance with the agreed measurements
h. Wheelchair accessible rooms for hotels and accommodation
i.   Audio warning signals
j.   Signages usable by people with all types of disabilities
3.   All   operators   of  public  transportation   shall   ensure   availability  of  vehicles  with
accessibility features for people with all types of disabilities for their safety,  ease of
boarding and disembarkation.
4.   A 25 % discount in form of tax rebate,  shall  be granted on the first three years of
registration for vehicles with accessibility features, such as buses, jeepneys, tricycles
and other modes of transportation for the public provided that such features such as
lif(, ramps and safety belts are certified safe by the supplier.
SECTION 7.   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 providers 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  8.  Accessibility  to  Transportation.  -  All  land,  (rail  and  road,  including  buses,
jeepneys, tricycles, and trains), sea and air transport vehicles such as ships and airplanes
and  other  common  carriers  open  for  public  use  shall  have  accessibility  features  and
mechanisms  as  deemed  necessary  to  facilitate  safe  boarding  and  disembarkation  of
persons with disabilities without discrimination of any form.


All Service providers and operators of public transportation and implementing agencies are
required  to  provide  training  to  their  personnel  on  assisting  persons  with  disabilities  in
terminals during boarding and disembarkation.
SECTION   9.      Accessible   Communication.   -   All   government   institutions   and   private
establishments providing services to the public shall consider lcT accessible practices by
making   available   accessible   information   and   communications   technologies   including
computers to facilitate accessible telecommunjcation and accessible broadcasting services
to all   persons with disabilities;  It shall ensure compliance to as stipulated  in  Republic Act
No.10905 otherwise  known as,  "An Act  Requiring All  Franchise  Holders or Operators of
Television  Stations and  Producers of Television  Programs to  Broadcast or Present their
Programs with Closed Captions Option, and For Other Purposes."
The Department of Information, Communication Technology (DICT) should come-up with a
research study on and development with appropriate agencies in lcT.
All  national  and  local  government offices shall  take  into account 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. Compliance to Republic Act No.11006 also known as the Filipino
Sign Language Law shall be observed and included in monitoring and evaluation of this act.
Service  providers  for telecommunication,  broadcasting,  information,  computer  and  other
information  technology  devices  shall  make  efforts  to  take  into  account  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 disabilities;
SECTION  10.  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 accessibility of
facilities.
SECTION 11. 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  (Php
250,goo.00)  but  not  exceeding  Five  Hundred  Thousand  Pesos  (Php  500,000.00)  or
imprlsonment 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 (Php
500,000.00) but not exceeding One Million Pesos (Php 1,000,000.00) 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  (Php
5,000.00)  but  not  more  than  Fifty  Thousand  Pesos  (Php  50,000.00),  or  both  at  the
discretion of the court.
If the violator js a corporation, organization or any similar entity, the officers 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  12. 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 13. 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   and    Disabled    People's
Organizations  (CSO/DPO)  representatives  shall   promulgate  the   necessary  rules  and
regulations for the effective implementation of the provisions of this Act.
SECTION   14.   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  15.  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  16.  Effectivity  Clause.  -This  Act  shall  take  effect  fifteen  (15)  days  after  its
publication in at least two (2) newspapers of general circulation.
Approved,