E Z
Republic of the Philippines : PECEVER ©

HOUSE OF REPRESENTATIVES a
Quezon City ne
4, —— fie —
18" Congress Sy
First lar Sessi
ne 9503 ss>
HOUSE BILL NO.__*? >

Introduced by: HON. LORNA C. SILVERIO

AN ACT MANDATING THE PROVISION OF EXCLUSIVE PARKING SPACE FOR
HANDICAPPED PERSONS AND PENALIZING THE UNAUTHORIZED USE
THEREOF

EXPLANATORY NOTE

Handicapped persons are part of the Philippine society, thus, the State shall
give full support to the improvement of the total well-being of handicapped
persons, uplift their way of life and their integration into the mainstream of society.

In 1983, the Accessibility Law or Batas Pambansa Blg. 344 was enacted to
enhance the mobility of disabled persons and require establishments to install
facilities and devices for the disabled. However, this law merely requires, in
Section 1 thereof, that establishments reserve sufficient and suitable space for use
of disabled persons. Similarly, Republic Act No. 7277, the Magna Carta for
Disabled Persons, simply states, in Section 25 thereof, that the State ‘’shall ensure
the attainment of a barrier-free environment for disabled persons in accordance
with the Accessibility Law.”

In the absence of clear penalties for the unauthorized use and obstruction of
such designated spaces, we see and encounter drivers who shamelessly and
deliberately occupy the space provided for the disabled people.

This bill seeks to give guaranteed parking spaces for PWDs/Handicapped
persons in public places, set the guidelines on who can utilize such exclusive areas,
and penalize those who obstruct their accessibility routes.

For the foregoing reasons, the passage of this bill is earnestly sought.

LORNA C. SILVERIO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City {

18" Congress
First Regular Session

HOUSE BILLNO. 3503

Introduced by: HON. LORNA C. SILVERIO

AN ACT MANDATING THE PROVISION OF EXCLUSIVE PARKING SPACE FOR
THE HANDICAPPED PERSONS AND PENALIZING THE UNAUTHORIZED USE
‘THEREOF

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

SEC 1. Short Title- This Act shall be known as the “Parking Space for Handicapped
Persons Act.”

SEC 2. Declaration of Policy — Persons with disabilities are Filiipino citizens and are part of
society, thus, the State shall give full support to the improvement of the well being of
handicapped persons and uplift their way of life. The State shall adopt policies ensuring self
reliance of handicapped persons.

SEC 3. Exclusive Parking Space for Handicapped Persons - Each lot or parking structure
where at least twenty five (25) parking spaces are provided for the public as guests, clients, or
employees shall provide at least one exclusive and designated parking space for persons with
diasabilities. Parking spaces for handicapped persons serving a particular building shall be
located on the shortest accessible route of travel from adjacent parking to an accessible
entrance. In parking facilities that do not serve a particular building, handicapped persons
parking shall be located on the shortest accessible route of travel to an accessible pedestrian
entrance of the parking facility. In buildings with multiple accessible entrances with adjacent
parking, handicapped persons parking spaces shall be dispersed and located closest to the
entrances.

The designation shall be made by posting a sign as described in paragraph one (1),
and by either of the markings described in paragraph two (2) or three (3):

(1.)By posting immediately adjacent to, and visible from, each stall or space, a sign
consisting of a profile view of a wheelchair with occupant in white on a blue
background. The sign shall also clearly and conspicously state the following

“Minimum Fine Php 10,000.00”.

(2.)By outlining or painting the stall or space in blue and outlining on the ground in
the stall or space in white or suitable contrasting color a profile view depicting a
wheelchair with occupant. The loading and unloading area of the pavement
adjacent to a parking stall or space designated for handicapped persons shall be


marked by a border and hatched lines. The border shall be painted in blue and the
hatched lines shall be painted a suitable contrasting color to the parking space.
Blue or white paint is preferred. In addition, within the border the words "No
Parking” shall be painted in white letters no less than 12 inches high.

(3.)By outlining a profile view of a wheelchair with occupant in white on a blue
bacl of the same dimensions as in paragraph two (2). The profile view
shall be located so that it is visible to a traffice enforcement officer when a vehicle
is properly parked in the space.

Whenever practicable, a closed-circuit television camera shall be installed
with an unobstructed view of the handicapped parking space.

SEC 4. Conditions for use - Only vehicles that display government issued handicapped
parking placards may park in spaces marked reserved for the handicapped. These placards are
issued only to people whose disabilities impair or limit their ability to walk. Further, vehicles
with handicapped-parking tags can park in spots reserved for the handicapped only if the
handicapped person is the driver or a passenger in the car. In other words, a vehicle with only
able-bodied people inside cannot park in such reserved spot even if the vehicle has a
handicap tag. Handicapped-parking privileges are given to a person, not a vehicl, and
handicap tags merely signify that a disabled person is using a particular vehicle.

For purposes of this Act, a handicapped person is an individual who has impaired
mobility such as arm, leg, foot, or hand amputee, ambulant disabled, wheelchair-bound, or
has a condition rendering him or her similarly disabled as certified by a physician such as a
heart or lung disease, a hearing or visual impairment, or any ailment that prohibits him or her
from being able to walk a distance of two hundred (200) feet without stopping to rest.

SEC 5, Handicapped-parking Placards — Pursuant to the preceding paragraph, the Persons
with Disability Affairs Office of every local government unit shall issue, following the
guidelines issued in accordance with this Act, a permanent or temporary handicapped-parking
placards to handicapped persons. A permanent handicapped-parking placard shall be issued
only to persons with a permanent mobility disability as certified by a physician. A permanent
permit shall be renewable every five years. A temporary handicapped-parking placard shall
be issued to handicapped persons with temporary disability. Upon application, the
handicapped person shall attach a certification form from a physician of the particular
diasability and the expected length of time of disability. A temporary handicapped-parking
placard is valid for no more than one year at a time.

‘The handicapped-parking placard shall be prominently displayed in the dashboard of
the vehicle or hung from the rear view mirror while parked in handicapped-parking spaces.

SEC 6. Violations —

(1.) Any person parking in a space reserved for handicapped persons who does not
have a handicapped parking placard shall pay a minimum fine of ten thousand
pesos (Php 10,000.00) to a maximum of forty thousand pesos (Php 40,000.00)

(2.) A handicapped person who allows a non-handicapped person to use his or her
handicapped parking placard shall pay a minimum fine of ten thousand pesos (Php


10,000.00) to a maximum of forty thousand pesos (Php 40,000.00) and have his
handicapped-parking privileges revoked.

(3) Any person obstructing the access points of handicapped persons to the
designated handicapped parking spaces such as the hatched lines and the access
ramps shall pay a minimum fine of ten thousand pesos (Php 10,000.00) to a
maximum of Forty thousand pesos (Php 40,000.00) and have his or her driver's
license suspended for not more than six

(4) Any person fraudulently obtaining a handicapped parking placard, altering a
placard, or using a counterfeit placard shall suffer an imprisonment of not more
than six months or a fine ranging from forty thousand pesos (Php 40,000.00) to
two hundred thousand pesos (Php 200,000.00), or both.

(5.) Any establishment covered under Section 3 of this Act who fails to provide the
required handicapped parking space shall pay a fine of two hundred thousand
pesos (Php 200,000.00).

SEC 7. Crowdsourcing — Within six (6) months from the date of effectivity of this Act, the
Department of Transportation shall develop a system whereby citizens can report violations
of this Act, substantiated with photographic or video electronic eveidence, through an online
secure government portal.

Department of Social Welfare and Development, the National Council on Disability Affairs,
and the Metro Manila Development Authority shall promulgate the necessary implementing
rules and regulations to implement the provisions of this Act.

SEC 9, Separability Clause — If any provision of this Act is declared invalid or
unconstitutional, the provisions not affected thereby shall continue to be in full force and
effect.

SEC 10. Repealing Clause — All laws, executive orders, presidential decrees, presidential
proclamations, letters of instruction, rules and regulations or parts thereof inconsistent with
the provisions of this Act are hereby repealed or modified accordingly.

SEC 11. Effectivity — This Act shall take effect within fifteen (15) days following its
publication in the Offcial Gazette or in two (2) newspapers of general circulation in the

25
zn
Approved,