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Republic of the Philippines > REE EIVED
HOUSE OF REPRESENTATIVES JUN 2016

Quezon City, Metro Manila OATE:. ——y

SIXTEENTH CONGRESS
Regular Session
House Bill No 85924

Introduced by: Rep. EVELIO R. LEONARDIA

EXPLANATORY NOTE

itis enshrined in our Constitution that the State shall promote and protect
the right to health of the people, instill health consciousness among them and
adopt an integrated and comprehensive approach to health development.
However, much needs to be addressed in terms of health-related legislation to
accomplish and sustain these constitutional ideals. The elimination of open
defecation and urination, for instance, is the primary objective of improving access.
to universal sanitation

It is noncontroversial that in highly-urbanized areas and low-income local
government units (LGUs), there is a rife myriad of health problems. Particular in
the source of these problems are open defecation and urination in public places,
even in rivers and open trenches in close proximity to the living space of others.

While open defecation and urination causes little to no harm when done in
low population areas, it becomes a cogent issue when it occurs in highly
populated places as it stimulates and perpetuates disease and poverty.

Open defecation and urination in public places reflect a lack of sanitation
and hygiene and a lack of discipline in governmental regulation. The aforesaid
problems are a significant factor in causing various and widespread diseases
such as diarthea, intestinal worm infections, typhoid, hepatitis, polio, trachoma,
and others.

There are also environmental concerns to consider against open
defecation and urination in public. Open defecation, in particular, can contribute to
water pollution when rain flushes the feces into surface water or unprotected or
broken wells.

Urinating in public may also pose as a public nuisance or disorderly
conduct as it can lead to indecent exposure or public lewdness. Within the
purview of the New Civil Code, a nuisance is an act, omission, establishment,
business, condition of property or anything else which injures or endangers the
health or safety of others or annoys or offends the senses

Such act could create a problem to nearby establishments and residences
in keeping up with sanitation regulations and hygiene preferences. It could also
affect businesses financially as the stench of urine and the sight of feces could
drive away customers. That being said, it is apparent that urine smell contributes
to odor pollution and can affect the economy of the country and harm tourism
efforts.



This bill seeks to prohibit open defecation and urination in public places to
curtail the spread of contagious diseases, preserve the environment, protect and
promote the economy and boost tourism in the country. The same will also help
build environmental and health awareness among citizens in terms of sanitation
and hygiene.

This issue will be addressed by a coordinated implementing and
monitoring arm led by the LGUs, the Department of Health (DOH) and the
Department of Science and Technology (DOST).

In view of the foregoing, passage of this bill is earnestly sought.

an

REP, EVELIO R. LEONARDIA
Lone District, Bacolod City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
SIXTEENTH CONGRESS

Regular Session

House Bill No., 6524

Introduced by Rep. EVELIO R. LEONARDIA

AN ACT PROHIBITING URINATION AND DEFECATION IN PUBLIC PLACES,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES.

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

SECTION 1. Short Title. This Act shall be known as the “Public Urination and
Defecation Prohibition Act of 2016."

SECTION 2. Declaration of Policy. It is a policy of the State to protect and
promote the right to health, safety and welfare of the people and instill health

awareness and consciousness among them.

SECTION 3. Definition of Terms. For the purposes of this Act, these terms
are defined as follows:

A. “To defecate” - to discharge waste matter from the bowels

B. “Public Place” - generally an indoor or outdoor area, whether privately or
publicly owned, to which the public have access by right or by invitation,
expressed or implied, whether by payment of money or not, and includes, but is
not limited to, streets, highways, and the common areas of schools, hospitals,
apartment houses, office buildings, transport facilities, and shops

C. “To urinate” - to discharge urine from the body

SECTION 4. Prohibited Acts. No person or persons shall carelessly or
intentionally defecate or urinate in public on any private property or on a public
place, except in public urinals, as may be provided by the local government unit
concerned,

SECTION 5. Penalties. Any person caught urinating or defecating in public
places shall be charged with the corresponding penalties, to wit:

A. First Offense - A fine of Five Hundred Pesos (PhP 500.00);
B. Second Offense - A fine of One Thousand Pesos (PhP 1, 000.00)

C. Third Offense - A fine of Two Thousand Pesos (PhP 2, 000.00) and
compulsory attendance in a seminar conducted by the Department of Health in
coordination with local health units or in case of insolvency, the individual found


violating the foregoing provisions shall be subject to a subsidiary imprisonment of
not more than thirty (30) days, or both such fine and imprisonment at the
discretion of the court

SECTION 6. Implementing and Monitoring Agency. The Department of
Health (DOH) in coordination with local government units and the Department of
Science and Technology (DOST) shall issue the necessary rules and regulations
for the effective implementation of this Act within sixty (60) days afer its effectivity
They shall also conduct regular evaluation of the implementation of this Act.

SECTION 7. Appropriations. Appropriations needed for the implementation
of this Act shall be derived from the Internal Revenue Allotment (IRA) of the LGUs
and from sources provided by the Department of Health and other government
agencies.

SECTION 8. Repealing Clause. All laws, decrees, executive orders,
presidential issuances, rules and regulations, or parts thereof, which are
inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly.

SECTION 9. Separability Clause. If any provision of this Act is declared
unconstitutional or otherwise invalid, the validity of the other provisions shall not
be affected thereof.

SECTION 10. Effectivity. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,