17th Legislative Body

____ Regular Session

Series of 2014Republika ng Pilipinas

LUNGSOD NG DABAW

Sangguniang Panlungsod

RESOLUTION NO. ________________

Series of 2014A 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 URGE 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, 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 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 16th City Council and all other offices/departments concerned, for their information, guidance and appropriate action.Victorio U. Advincula, Jr.

Paolo Z. DuterteProponent

Co- proponent

City Councilor, 3rd District

City Councilor, ABC President Sangguniang Panlungsod ng Davao

Sangguniang Panlungsod ng Davao

Ebeb/07-25-14

17th Legislative Body

____ Regular Session

Series of 2014Republika ng Pilipinas

LUNGSOD NG DABAW

Sangguniang Panlungsod

ORDINANCE NO. ________________

Series of 2014AN 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, 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 AND PROVIDING PENALTIES FOR VIOLATION THEREOF

SECTION 2. DEFINITION OF TERMS2.1 Entity/Entities - refers to a thing/things with distinct and independent existence.2.2 Business Establishment refers to an establishment where business is conducted, goods are made or store or processed or where services are rendered.

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 mutual, physical or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being.

SECTION 3. A signage shall be placed at the main entrance of the comfort room stating: FREE OF CHARGE FOR USE OF COMFORT ROOM FOR SENIOR CITIZENS, AND PERSONS WITH DISABILITIES.

SECTION 4. PENALTIES.

First Offense

-One Thousand Five Hundred Pesos (1,500.00)

Second Offense

-Three Thousand Pesos

(3,000.00)

Third Offense

- Five Thousand Pesos

(5,000.00)

With revocation of Business PermitSECTION 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.

DRAFT