Senate So Offer of the Evarrorg TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 26 MAR 17 P5:23 SENATE RECEIVED BY: 1988 S. No. _ (In substitution of Senate Bill Nos. 330 and 1830) Prepared and submitted jointly by the Committees on Tourism; Social Justice, Welfare and Rural Development; and Finance, with Senators Villar (C.), Tulfo (E.), and Ejercito as authors thereof AN ACT MANDATING ACCESSIBILITY AND INCLUSIVITY IN ALL TOURISM SITES FOR PERSONS WITH DISABILITIES AND SENIOR CITIZENS AND APPROPRIATING FUNDS THEREFOR 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 "Barrier-Free and Inclusive
2 Tourism Act."
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to
promote social justice, equality, and full participation of all persons in national development. The State recognizes the vital role of persons with disabilities (PWDs) and senior citizens in nation-building and in the development of a sustainable, 7 accessible, and inclusive tourism sector. For this purpose, the State shall ensure that PWDs and senior citizens are provided with barrier-free, safe, dignified, and inclusive access to tourism sites, facilities, services, and information. The State shall likewise position the Philippines as an accessible tourism destination by integrating accessibility and inclusivity into tourism planning, development, management, and promotion.
Sec. 3. Definition of Terms. - For purposes of this Act:
a) Persons with Disabilities (PWDs) refer to individuals with physical, mental, intellectual, or sensory impairments that may hinder their full and effective
participation in society on an equal basis with others, as defined under Republic Act 2 No. 7277; b) Senior Citizens refer to Filipino citizens who are at least sixty (60) years of 4 age, as defined under Republic Act No. 9994; c) Tourism Sites refer to natural, cultural, historical, recreational, and man-made 6 attractions, as well as tourism enterprises involved in tourism activities as defined under Republic Act No. 9593, such as, but not limited to: parks; beaches; resorts; museums; heritage sites; hotels; restaurants; land, sea, or air transport terminals and services; and other tourism-related establishments or facilities that provide tourism services to the public. Such tourism sites may be accredited, recognized, or otherwise 11 regulated by the Department of Tourism (DOT), and may be publicly or privately 12 owned; and d) Accessibility Features refer to structural, non-structural, technological, and 14 service-based measures designed to enable PWDs and senior citizens to independently 15 and safely access tourism sites, facilities, services, and information. These measures shall address physical, sensory, and cognitive accessibility, and 17 may include, but are not limited to, accessible infrastructure and facilities, assistive technologies, accessible tourism services, transportation support, trained personnel, and tourism-related information provided in accessible formats such as Braille, large- print materials, audio guides, captioned or in universally recognized symbols, and 21 accessible digital platforms, consistent with applicable accessibility standards and existing laws, rules, and regulations. For purposes of this Act, accessibility features shall likewise include any other 24 design element, facility, technology, service, or operational measure that promotes barrier-free, safe, dignified, and inclusive access for PWDs and senior citizens, as may be determined by applicable laws, rules, and regulations issued by the DOT and other authorities. e) Barrier-Free refers to the removal or absence of physical, sensory, cognitive, communication, or informational barriers that hinder PWDs and senior citizens from independently and safely accessing tourism sites, facilities, services, and information.
Sec. 4. Barrier-Free and Accessibility Standards. - All tourism sites, whether
publicly or privately owned, shall:
a) Comply with infrastructure standards set forth under existing laws, rules, and regulations, and applicable accessibility standards, to ensure that tourism facilities, services, and information are accessible to PWDs and senior citizens; b) Provide core accessibility features appropriate to their nature, including the following: (i) ramps, handrails, elevators, and barrier-free walkways; ii) accessible toilets with grab bars and sanitation facilities; (il) reserved seating and shaded rest areas; (iv) accessible transportation pick-up and drop-off areas; (v) clear signage using large print, Braille, and universally recognized symbols; (vi) assistive services such as wheelchairs, audio guides, accessible information desks, or trained personnel; (vii) priority access lanes and safety features; and (viii) any other structural, technological, or service-based measure that enhances accessibility in line with the purposes of this Act; c) Guarantee that PWDs and senior citizens are able to access, enter, and use tourism sites, facilities, and services on an equal basis with others, without discrimination or unreasonable restriction; d) Ensure that any representation or declaration concerning the accessibility of 21 tourism sites, facilities, services, or information is truthful, accurate, and not misleading; e) Maintain all accessibility features in good working condition, and ensure that such features are not removed, disabled, obstructed, or rendered unusable; f) Provide information regarding facilities, services, and accessibility features in accessible formats, including, but not limited to, large-print materials, Braille, audio formats, universally recognized symbols, and accessible digital platforms consistent with applicable accessibility standards; g) Ensure that tourism services, including customer assistance, emergency services, transportation services, and visitor information, are accessible to PWDs and senior citizens through provision of trained personnel and appropriate assistive facilities and technologies; and
h) Conduct regular awareness programs, seminars, or training activities to enhance barrier-free, safe, dignified, and inclusive access for PWDs and senior citizens. Provided, That the DOT shall consider the technical and financial capacity of micro, small, and medium tourism enterprises.
Sec. 5. Compliance of Tourism Sites. -
a) New Tourism Sites - Tourism sites established after the effectivity of this Act shall comply with accessibility requirements as a condition for the issuance of permits, licenses, or accreditation. b) Existing Tourism Sites - Existing tourism sites shall be given a reasonable 11 period not exceeding one (1) year from the effectivity of this Act to comply with the 12 required accessibility standards prescribed under this Act.
Sec. 6. Recognition, Certification, and Promotion of Accessible Tourism Sites. -
14 The DOT shall establish a system for the recognition of tourism sites that comply with 15 accessibility standards prescribed under this Act, and shall maintain an updated and 16 publicly accessible directory of barrier-free and accessible tourism sites. Tourism sites recognized as compliant with accessibility standards shall be 18 featured in official tourism promotions, marketing campaigns, travel guides, and other 19 tourism information platforms of the DOT. The DOT shall likewise develop and administer an accessibility certification 21 program to recognize tourism sites that meet or exceed the accessibility standards 22 under this Act. Tourism sites granted such certification may be eligible for priority 23 promotion in official tourism campaigns, technical assistance, capacity-building 24 programs, or other support initiatives administered by the DOT.
Sec. 7. Accessible Tourism Development Plan. - The DOT, in coordination with
relevant government agencies and tourism stakeholders, shall formulate a comprehensive plan aimed at progressively improving accessibility in tourism sites, facilities, and services: Provided, That such plan shall ensure that accessibility improvements are implemented in a manner consistent with the preservation and conservation of natural, cultural, and heritage tourism resources.
Sec. 8. Roles of Government Agencies. - The following agencies shall perform
the respective functions in the implementation of this Act:
: a) The DOT shall formulate guidelines for accessible tourism, integrate accessibility requirements into tourism licensing and accreditation systems, maintain the directory of barrier-free and accessible tourism sites, develop training and capacity-building programs for tourism workers on providing accessible, safe, and dignified services, and promote accessible and inclusive tourism; b) The DPWH shall develop and update technical standards and design guidelines for accessible tourism infrastructure consistent with existing laws, rules, and regulations; c) The DOTr shall ensure that transport systems serving tourism destinations progressively adopt accessibility standards for PWDs and senior citizens; d) The Department of the Interior and Local Government (DILG) shall ensure 12 compliance of tourism sites within the jurisdiction of local government units (LGUs) and encourage LGUs to allocate local funds for accessibility improvements, and enforce penalties for non-compliance in accordance with existing laws, rules, and regulations; and e) The National Council on Disability Affairs (NCDA) and the National Commission 17 of Senior Citizens (NCSC) shall provide technical assistance, policy guidance, and monitoring support to ensure the effective implementation of this Act.
Sec. 9. Appropriations. - The amount necessary for the initial implementation of
this Act shall be charged to the appropriations of the DOT. Thereafter, such sum as 21 may be necessary for its continued implementation shall be included in the General Appropriations Act.
Sec. 10. Implementing Rules and Regulations. - Within six (6) months from the
effectivity of this Act, the DOT, in coordination with the DPWH, DOTr, DILG, NCDA, NCSC, the Department of Environment and Natural Resources (DENR), the National Commission for Culture and the Arts (NCCA), organizations representing PWDs and senior citizens, accessibility experts, and other relevant stakeholders, shall promulgate the necessary rules and regulations for the effective implementation of this Act.
Sec. 11. Separability Clause. - Should any provision or part of this Act be declared
unconstitutional or invalid, the other provisions and parts thereof, insofar as they are separable from the invalid ones, shall remain in full force and effect.
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Sec. 12. Repealing Clause. - All laws, presidential decrees, executive orders,
2 memoranda, circulars, and other issuances, or parts thereof, which are inconsistent with the Act, are hereby repealed or modified accordingly.
Sec. 13. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation. Approved,