RECEIVED

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
First Regular Session

House Bittno. 2736

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

The State recognizes the needs of the differently-abled in the country and have
supported them with legislation such as Republic Act No. 7277, or the "Magna Carta
for Disabled Persons", and Batas Pambansa (BP) Bilang 344, or the Accessibility Law
for Persons with Disabilities (PWDs). These laws gave PWDs access to basic
government services such as health, and acknowledged their specific physical
environment needs. It marked a framework for the country to help the over 1.4 million
differently-abled Filipinos integrate into society without hassle and discrimination.

However, there are still gaps in laws such as the Accessibility Law that need to be
addressed. BP 344 lacks necessary sanctions for the obstruction or use of parking
spaces allotted for PWDs by non-PWDs. The proposed bill proposes to mandate the
provision of exclusive parking for PWDs. Likewise, it proposes to penalize violation of
this provision as well as prohibit any person to obstruct or use parking spaces for
PWDs. This aims to ensure that they are able to go to government and private
establishments without being inconvenienced

The Department of Trade and Industry has expressed its commitment to enhance
access to the physical environment for PWDs and has likewise enjoined government
offices to help empower them by enforcing existing policies such as the law on
accessibility. This bill follows the same wisdom and intent in ensuring that our PWDs
are provided the privileges they require.

The approval of this bill is earnestly sought.

is
=,
eal

re. WL 09 2019
er


Republic of the Philippines
HOUSE OF REPRESENTATIVES
meson City

EIGHTEENTH CONGRESS
First Regular Session

1736
HOUSE BILL.NO.

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT MANDATING THE PROVISION OF EXCLUSIVE PARKING
SPACE FOR PERSONS WITH DISABILITY AND PENALIZING THE
UNAUTHORIZED USE THEREOF, AMENDING FOR THE PURPOSE
BATAS PAMBANSA BLG. 344, OTHERWISE KNOWN AS THE
ACCESSIBILITY LAW

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

SECTION 1. Section 1 of Batas Pambansa Big. 344 is hereby amended to read as
follows:

"SECTION 1. In order to promote the realization of the rights of [disabled]
persons WITH DISABILITY to participate fully in the social life and the development of
the societies in which they lice and the enjoyment of the opportunities available to other
citizens, no license or permit for the construction, repair or renovation of public and
private buildings for public use. Educational institutions, airports, sports, and recreation
centers and complexes, shopping centers or establishments, public parking places,
work-places, public utilities, shall be granted or issued unless the owner or operator
thereof shall install and incorporate in such building, establishment, institution or public
utility, such architectural facilities or structural features as shall be reasonable enhance
the mobility of [disabled] persons WITH DISABILITY such as sidewalks, ramps, railings,
and the like. If feasible, all such existing buildings, institutions, establishments, or public
utilities, may be renovated or altered to enable the [disabled] persons WITH
DISABILITY to have access to them:

Provided, however, that buildings, institutions, establishments, or public utilities to be
constructed or established for which licenses or permits had already been issued may
comply with the requirements of this law: Provided, further, that in case of government


buildings, street and highways, the [Ministry] SECRETARY of Public Works and
Highways shall see to it that the same shall be provided with architectural facilities or
‘structural features for [disabled] persons WITH DISABILITY.

In the case of the parking place of any of the above institutions, buildings, or
establishment, or public utilities, the owner or operator shall reserve sufficient and
suitable space for the EXCLUSIVE use of [disabled] persons WITH DISABILITY "

SECTION 2. A new Section 2A is hereby added to Batas Pambansa Big. 344, to read
as follows:

"SEC. 2A. PROHIBITION ON PARKING. - IT IS UNLAWFUL:

a. FOR ANY PERSON WITHOUT DISABILITY TO USE, BLOCK OR
OTHERWISE OBSTRUCT THE PARKING SPACES IN ANY
GOVERNMENT AND PRIVATE ESTABLISHMENTS, BUILDINGS, AND
STRUCTURES EXCLUSIVELY RESERVED PERSONS WITH
DISABILITY (PWDS);

b. FOR ANY PERSON IN THE EMPLOY OF GOVERNMENT
ESTABLISHMENTS, BUILDINGS AND STRUCTURES TO TOLERATE OR
ALLOW THE USE OF THESE RESERVED PARKING SPACES BY
PERSONS WITHOUT DISABILITY.

ANY VEHICLE OPERATOR WHO IS WITHOUT DISABILITY SHALL NOT USE
THE RESERVED EXCLUSIVE PARKING SPACES FOR PWDS.
UNLESS A PWD IS A PASSENGER OF THE VEHICLE."

SECTION 3. Section 4 of the Batas Pambansa Big. 344 is hereby amended to read as
follows:

[SEC. 4. Any person violating any provision of this Act or of the rules and
regulations promulgated hereunder shall, upon conviction by a court of competent
jurisdiction, suffer the penalty of imprisonment of not less than one month but not more
than one year of a fine of two thousand pesos (Php 2,000.00) to five thousand pesos
(Php 5,000.00) or both, at the discretion of the court: Provided, that in the case of
corporations, partnerships, cooperatives or associations, the president, manager or
administrator, or the person who has charge of the construction, repair or renovation of
the building, space or utilities shall be criminally responsible for any violation of this Act
and/or rules and regulations promulgated pursuant thereto.]

SEC. 4. PENALTY CLAUSE. -

1. ANY PERSON WHO VIOLATES ANY OF THE PROVISION OF THIS ACT
SHALL PAY A FINE OF NOT LESS THAN TEN THOUSAND PESOS
(PHP 10,000.00) BUT NOT MORE THAN FIFTY THOUSAND PESOS


(PHP 50,000.00);

2. ANY ESTABLISHMENT COVERED UNDER SECTION 3 OF THIS ACT
WHO FAILS TO PROVIDE THE REQUIRED PARKING SPACE FOR PWDS.
SHALL PAY A FINE OF NOT LESS THAN SEVENTY-FIVE THOUSAND.
PESOS (PHP 75,000.00) BUT NOT MORE THAN TWO HUNDRED
THOUSAND PESOS (PHP 200,000.00).

SECTION 4. The title of Batas Pambansa Big. 344 is hereby amended to read as "An
Act to Enhance the Mobility of Persons with Disability by Requiring Certain Buildings,
Institutions, Establishments, and Public Utilities to Install Facilities and Other Devices,"
and all references on the said law to "disabled persons" shall likewise be amended to
read as "persons with disability”

SECTION 5. Implementing Rules and Regulations. — The Secretary of Public Works
and Highways and the Secretary of Transportation, in coordination with the Executive
Director of the National Council on Disability Affairs, shall promulgate and issue the
implementing rules and regulations within sixty (60) days upon approval of this Act.

SECTION 6. Separability Clause. — Should any provision herein be declared
unconstitutional, the same shall not affect the validity of the other provisions of this Act.

SECTION 7. Repealing Clause. — All laws, decrees, orders, rules, and regulations or
other issuances or parts inconsistent with the provisions of this Act are hereby repealed,
amended, or modified accordingly.

SECTION 8. Effectivity Clause. — This Act shall take effect in fifteen (15) days after
publication in the Official Gazette or in one (1) newspaper of general circulation in the
Philippines.

Approved,