HOUSE REPRESENTATIVES
RECEIVED
Republic of the Philippines pare 25 AUG 2016

HOUSE OF REPRESENTATIVES -
Quezon City Te TA

BY: x
SEVENTEENTH (17™) CONGRESS

First Regular Session

REGISTRATION UNIT

BILLS AND INDEX S&
HOUSE BILL NO. 3822. D INDEX SERVICE

Introduced by Representative Manuel Monsour T. Del Rosario [IL

EXPLANATORY NOTE

‘The Congress has enacted several pieces of legislation aimed at recognizing and protecting
the rights of persons with disabilities (PWDs) and providing policies and mechanisms to alleviate
their suffering and difficulties. These laws, Republic Act No. 7277 (Magna Carta for the Disabled),
Republic Act No. 9442 (amending RA 7277) and their precursor, Batas Pambansa Blg. 344
(Accessibility Law), sought to provide programs, policies and infrastructures to address the plight
of PWDs.

In compliance with the aforementioned laws, a number of government and private
establishments, buildings and/or structures have provided parking spaces in their premises,
supposedly reserved for the exclusive use of PWDs. However, contrary to the exclusive nature of
these PWD-reserved parking spaces, the same are being used and occupied by persons who are
not disabled to the detriment of PWDs. In some instances the use of the parking spaces is allowed
or abetted by the owners, managers, administrators of government and private establishments,
buildings and/or structures.

‘At present, there are no existing laws that penalize the brazen and wanton misuse of these
exclusive parking spaces by persons who are not disabled. B.P. Blg. 344, which was enacted in
1982, does not prescribe sanctions for people who use or obstruct parking spaces reserved for
PWDs.

In view of the foregoing, there is an urgent need to enact a law that will provide sanctions
for those who deprive PWDs of their right to access facilities exclusively reserved for them. Hence,
approval of this measure is fervently sought.

|UEL MONSOUR T. DEL ROSARIO IIT


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SEVENTEENTH (17) CONGRESS
First Regular Session

HOUSE BILL NO. 3822

Introduced by Representative Manuel Monsour T. Del Rosario III

AN ACT PROHIBITING THE USE AND/OR OBSTRUCTION OF PARKING SPACES
EXCLUSIVELY RESERVED FOR PERSONS WITH DISABILITIES IN ALL
ESTABLISHMENTS, BUILDINGS, STRUCTURES, BY PERSONS WHO ARE NOT
DISABLED, AND IMPOSING PENALTIES FOR VIOLATION THEREOF

Section 1. Short Title. — This Act shall be known as the “Exclusivity of Parking Spaces
Reserved for Persons with Disabilities Act”.

Section 2. Statement of Policy. ~ The State recognizes the inherent plight of all persons
with disabilities and strives to promote the realization of their rights to participate fully in society
and to enjoy the opportunities available to other citizens.

Section 3. Definition of Terms. — For purposes of this Act, the following terms shall be
defined as follows:

(a) Persons with disabilities — refer to those suffering from restriction or different abilities
as a result of a mental, physical or sensory impairment to perform an activity in the
manner or within the range considered normal for a human being; and

(b) Disability — refers to: 1) a physical or mental impairment that substantially limits one
or more psychological, physiological or anatomical function of an individual or
activities of such individual; 2) a record of such an impairment; or 3) being regarded
as having such an impairment.

Section 4. Prohibition and Penalties — It shall be unlawful for any person who is not
disabled to use, block or otherwise obstruct the parking spaces in any government and/or private
establishments, buildings and/or structures exclusively reserved for persons with disability.

Section 5. It shall likewise be unlawful for any owner, manager, and/or administrator and
any person in the employ and/or subordinates of these government and/or private establishments,
buildings and/or structures to allow and/or tolerate the use of these reserved parking spaces by
persons who are not disabled.

Section 6. Any person who violates any of the provisions of this Act shall be punished with
imprisonment of not less than six (6) months but not more than one (1) year or a fine of not less
than Five thousand pesos (Php5,000.00) but not more than Fifty thousand pesos (PhpS0,000.00),
or both, at the discretion of the court.


Section 7. Any corporation, partnership, agency, establishment, or organization that
violates any of the provisions of this Act shall be punished with a fine of not less than Fifty
thousand pesos (Php50,000.00) but not more than One hundred thousand pesos (Php100,000.00)..
In addition, the president, manager or administrator, or the person who has charge of the building,
establishment or structure shall be liable therefor and shall be imposed the same penalties provided
under Section 6 of this Act.

Section 8. Implementing Rules and Regulations. ~ The National Council for Disability
Affairs, in coordination with other concerned agencies, shall promulgate and issue the
Implementing Rules and Regulations within sixty (60) days upon approval of this Act.

Section 9. Separability Clause. — If any provision or part of this Act, or the application
thereof to any person or circumstances, is held invalid or unconstitutional, the remaining sections
of this Act or the application of such provision or part hereof to other persons or circumstance shall
remain in full force and effect.

Section 10. Repealing Clause. — All laws, decrees, orders, issuances, rules and regulations
or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly.

Section 11. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette and/or in two (2) newspapers of general circulation.

Approved.