17th Legislative Body

____ Regular Session

Series of 2014
Republika ng Pilipinas
LUNGSOD NG DABAW
Sangguniang Panlungsod
RESOLUTION NO. ________________
Series of 2014

A RESOLUTION PROHIBITING ALL PERSONS,

ENTITIES, AND BUSINESS ESTABLISHMENTS IN
DAVAO CITY TO CHARGE ANY FEE TO SENIOR
CITIZENS AND PERSONS WITH DISABILITY, FOR
THE USE OF ANY RESTROOM OR COMFORT ROOM,
AND PROVIDING PENALTIES FOR VIOLATION
THEREOF.

WHEREAS, State shall adopt an integrated and comprehensive approach to

health development which shall endeavor to make essential goods, health
and other social services available to all people at affordable cost. There
shall be priority for the needs of the underprivileged sick, elderly, disabled,
women and children. The State shall endeavor to provide free medical care
to paupers (Sec. 11, Art. XIII, 1987 Philippine Constitution);
WHEREAS, Sec. 17 of the Local Government Code provides that the Local
Government Unit shall discharge functions such as Social Welfare services
which includes programs and projects on child and youth welfare, family and
community welfare, womens welfare, welfare of the elderly and disabled
persons. Furthermore, paragraph (f) of the same provision provides that the
unit may provide or augment the basic services and facilities assigned to a
local government unit when such services and facilities are not made
available, or, if made available, are inadequate to meet the requirements of
its inhabitants;
WHEREAS, it is the policy of Davao City to protect the rights and welfare of
Senior Citizens and afford them the privileges provided under the
Constitution and Special Laws, such as those under Republic Act 7876
(Senior Citizens Act of the Philippines) and Republic Act 9994 (Expanded

Senior Citizens Act of 2010), incorporating as well the United Nations

Principles for Older Persons in the Citys programs addressing the needs,
concerns and interests of Older Persons (Art. 2, Older Persons Welfare Code
of Davao City);
WHEREAS, Article XV, Section 4 of the Philippine Constitution declares that
it is the duty of the family to take care of its elderly members while the State
may design programs of social security for them;
WHEREAS, Article 25 of the Implementing Rules and Regulations of Republic
Act No. 7160, otherwise known as the Local Government Code of
1991,similarly provides that the LGUs shall, in addition to their existing
functions and responsibilities, provide basic services and facilities to their
constituents, which includes programs and projects on welfare of the elderly;

NOW THEREFORE, be it resolved as it is hereby resolved, TO REQUIRE ALL

BUSINESS ESTABLISHMENTS IN DAVAO CITY TO EXCLUDE THE PERSONS WITH
DISABILITY AND SENIOR CITIZENS FROM PAYMENT OF ANY FEES OR CHARGES
FOR THE USE OF COMFORT ROOMS OR RESTROOMS, TOILETS, AND THE LIKE,
AND PROVIDING PENALTIES FOR ANY VIOLATIONS THEREOF.

RESOLVED FURTHER, that copies of this Resolution be furnished to all

Business Establishments in Davao City , Office of the City Mayor, Office of
City Administrator, Office of the Senior Citizens Affairs (OSCA); Office of
Persons with Disabilities Affairs, City Social Services and Development Office
(CSSDO), City Legal Office, City Information Office (CIO), all Barangay
Councils of Davao City, members of the 16 th City Council and all other
offices/departments concerned, for their information, guidance and
appropriate action.

Victorio U. Advincula, Jr.

January N. Duterte

Proponent
Co- proponent
rd
City Councilor, 3 District
City Councilor, ABC
President
Sangguniang Panlungsod ng
Davao
Sangguniang Panlungsod ng Davao

17th Legislative Body

____ Regular Session
Series of 2014
Republika ng Pilipinas
LUNGSOD NG DABAW
Sangguniang Panlungsod
ORDINANCE NO. ________________
Series of 2014

AN ORDINANCE PROHIBITING ALL PERSONS,

ENTITIES, AND BUSINESS ESTABLISHMENTS IN
DAVAO CITY TO CHARGE ANY FEE TO SENIOR
CITIZENS AND PERSONS WITH DISABILITY, FOR
THE USE OF ANY RESTROOM OR COMFORT ROOM,
TOILETS, AND THE LIKE, AND PROVIDING
PENALTIES FOR VIOLATION THEREOF.

SECTION 1. TITLE. This Ordinance shall be entitled, AN ORDINANCE

PROHIBITING ALL PERSONS, ENTITIES, AND BUSINESS ESTABLISHMENTS IN
DAVAO CITY TO CHARGE ANY FEE TO SENIOR CITIZENS, AND PERSONS WITH
DISABILITY FOR THE USE OF ANY RESTROOM OR COMFORT ROOM, TOILETS,
AND THE LIKE, AND PROVIDING PENALTIES FOR VIOLATION THEREOF

SECTION 2. DEFINITION OF TERMS

2.1 Entity/Entities independent existence.

refers to a thing/things with distinct and

2.2 Business Establishment refers to any business establishment

duly registered with the Business Bureau
of Davao City.
2.3. Senior Citizen/Elderly - refers to an old person at least sixty
(60) years old.
2.4 Persons with Disabilities refers to those suffering from
restrictions or different abilities, as a result
of a physical or mental impairment, to
perform an activity in the manner or within
the range considered normal for a human
being.
2.5 Justifiable Refusal -

refers to refusals which are reasonable,

fit, and proper, such as but not limited to
repairs and/or maintenance of facilities.

SECTION 3. A clear, readable and sufficiently large enough signage

shall be placed at the main entrance of the comfort room or restroom, toilet,
and the like, stating: FREE OF CHARGE FOR USE OF COMFORT ROOM FOR
SENIOR CITIZENS, AND PERSONS WITH DISABILITIES.

SECTION 4. PROHIBITED ACTS AND PENALTIES. No business

establishment or any of its employee shall impose or require payment of any
fee or charges to any Senior Citizens and/or Persons with Disability for the
use of any comfort room or restroom, toilet, and the like. For the commission
of the first, second and third offense, the following shall apply against the
covered establishment, through its managers and/or supervisor:
First Offense
(1,500.00)

Second Offense
(3,000.00)
Third Offense
(5,000.00)

One Thousand Five Hundred Pesos

-

Three Thousand Pesos

Five Thousand Pesos

With revocation of Business Permit

The unjustifiable refusal to allow to any Senior Citizen and/or Persons

with Disability by any business establishment or its employee to use any
comfort room or restroom, toilet, and the like, shall make the establishment
liable under the preceding paragraphs.

For failure to comply with the provisions of Section 3 hereof by any

business establishment, the management of such establishment, through its
manager and/or supervisor shall be liable for the following:
First Offense
(500.00)

Second Offense
(1,000.00)
Third Offense
And succeeding
Offenses

Five Hundred Pesos

-

One Thousand Pesos

Three Thousand Pesos

(3,000.00)

SECTION 5.
REPEALING CLAUSE.
All Ordinances, Rules and
Regulations or part thereof, whose provisions are in conflict with, or contrary
to the provisions of this Ordinance are hereby repealed or amended
accordingly.

SECTION 6. SEPARABILITY CLAUSE. If any part or provision of this

act shall be declared unconstitutional and invalid, it shall not invalidate other
parts thereof which shall remain in full force and effect.

SECTION 7. EFFECTIVITY CLAUSE. This Ordinance shall take effect

upon approval.