Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL No._7542

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.

LUIS IND 7 Fi VILLAFUERTE, JR.
" http://www.sunstar.com.ph/article/154379/


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

SEVENTEENTH CONGRESS
‘Second Regular Session

HOUSE BILL No, ‘2542

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 Blg. 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 Blg. 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. — Alll 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,