RA 9184 (GOVERNMENT PROCUREMENT REFORM ACT)

Jan. 10, 2003 - Government Procurement Reform Act (GPRA)

Oct. 8, 2003 - Implementing Rules and Regulations (Part A)
Sept. 9, 2009 - Revised IRR
Oct. 28, 2016 - Revised IRR

PROCUREMENT - acquisition of goods, consulting services, and the contracting for

infrastructure projects by the Procuring Entity.
-​ Goods and services
-​ Consulting services
-​ Infrastructure projects
-​ Lease of goods and Real estate

GOODS - all items, supplies, materials and general support services. EXCEPT
consulting services and infrastructure projects.

consulting services and infrastructure projects may be needed in the transaction

of:
1.​ Public Businesses or Government Undertaking
-​ Equipment, Furniture and Fixtures, Stationary, and Materials for
construction
2.​ Personal and Non-Personal Property or Contractual Services
-​ Repair and maintenance of equipment and furniture, trucking, hauling,
janitorial, and security
3.​ Related or Analogous Services
-​ Lease of office space, subscriptions and licenses, media advertisements,
health maintenance services, other services essential to the operation of
procuring entity

INFRASTRUCTURE PROJECTS - construction, improvement, rehabilitation,

demolition, repair, restoration or maintenance of roads and bridges, railways, airports,
seaports, communication facilities, civil works components of information technology
projects, irrigation, flood control and drainage, water supply, sanitation, sewerage and
solid waste management systems, shore protection, energy/power and electrification
facilities, national buildings, school buildings, hospital buildings, and other related
construction projects of the government.
CONSULTING SERVICES - services for infrastructure projects and other types of
projects or activities of the GoP requiring adequate external technical and professional
expertise.
1.​ Advisory and review services
2.​ Pre-investment or feasibility studies
3.​ Design
4.​ Construction supervision
5.​ Management and related services
6.​ Other technical services or special studies

SECTION 4 SCOPE AND APPLICATION OF RA 9184

This IRR shall apply to all procurement of any branch, agency, department, bureau,
office, or instrumentality of the GoP INCLUDING:
1.​ National Government Agencies (NGAs)
2.​ State Universities and Colleges (SUCs)
3.​ Government Owned or Controlled Corporations (GOCCs)
4.​ Government Financial Institutions (GFIs)
5.​ Local Government Units (LGUs)

EXCEPTIONS:
1.​ Foreign Grants covered by RA 8182, as amended by RA 8555
2.​ Acquisition of Real Property which shall be governed by RA 10752
3.​ Public-Private Partnership Projects covered by RA 6957, as amended by RA
7718

The following are not procurement activities under RA 9184 and this IRR:

a. Direct financial or material assistance given to beneficiaries in accordance with the

existing laws, rules and regulations, and subject to the guidelines of the concerned
agency
b. Participation in local or foreign scholarships, trainings, continuing education,
conferences, seminars or similar activities that shall be governed by applicable COA
(commission on audit), CSC (civil service commission), and DBM (department of budget
and management) rules
c. Lease of government-owned property as lessor for private use
d. Hiring of Job Order Workers
e. Joint Venture under the revised NEDA (national economic and development
authority) Guidelines (GOCC and Private Entities), and Joint Venture Agreements by
LGU with Private entities
f. Disposal of Property and Other Assets of the Government

SECTION 3. GOVERNING PRINCIPLES ON GOVERNMENT PROCUREMENT

All procurement of the national government, its departments, bureaus, offices and
agencies, including state universities and colleges, government -owned
and/or-controlled corporations, government financial institutions and local government
units, shall, in all cases, be governed by these principles:

1.​ TRANSPARENCY - wide dissemination of bid opportunities and participation of

pertinent non-government organizations.
2.​ COMPETITIVENESS - equal opportunity to enable private contracting parties
who are eligible and qualified to participate in competitive bidding.
3.​ STREAMLINED PROCESS- simple and made adaptable to advances in modern
technology in order to ensure an effective and efficient method.
4.​ ACCOUNTABILITY - when warranted by circumstances, investigated and held
liable for their actions relative thereto.
5.​ PUBLIC MONITORING - implementation of awarded contracts with the end in
view of guaranteeing that these contracts are awarded pursuant to the provisions
of the Act and this IRR, and that all these contracts are performed strictly
according to specifications.

GOVERNMENT PROCUREMENT POLICY BOARD (GPPB)

SHALL HAVE THE FOLLOWING DUTIES AND RESPONSIBILITIES (established in
Section 63 of the Act) :
a) To protect national interest in all matters affecting public procurement, having due
regard to the country’s regional and international obligations;

b) To formulate and amend public procurement policies, rules and regulations, and
amend, whenever necessary, this IRR;

c) To prepare a generic procurement manual and the standard bidding forms for
procurement;

d) To ensure the proper implementation by Procuring Entities of the Act, this IRR and all
other relevant rules and regulations pertaining to public procurement;
e) To establish a sustainable training program to develop the capacity of Government
procurement officers and employees, and to ensure the conduct of regular procurement
training programs by and for Procuring Entities; and

f) To conduct an annual review of the effectiveness of the Act and recommend any
amendments thereto, as may be necessary.

TECHNICAL SUPPORT OFFICE (TSO)

-​ Provide support in the performance of the duties and responsibilities of GPPB
-​ Shall be an attached agency of the DBM and shall under its administrative
supervision for general oversight and for budgeting purposes
-​ TSO shall be headed by an Executive Director and supported by Deputy
Executive Directors, of good moral character, unquestionable integrity and known
probity, to be appointed by the President of the Republic of the Philippines.
-​ All other employees of the TSO shall be appointed by its Executive Director

FUNCTIONS:
1.​ Research-based procurement policy recommendations and rule-drafting
2.​ Development and updating of generic procurement manuals and standard
bidding forms;
3.​ Management and conduct of training on procurement systems and procedures;
4.​ Evaluation of the effectiveness of the government procurement system and
recommendation of improvements in systems and procedures
5.​ Monitoring the compliance to the Act and assisting Procuring Entities improve
their compliance;
6.​ Secretariat Support
7.​ Monitoring the implementation and effectiveness of the PhilGEPS

PROCUREMENT ACTORS:
1.​ End-user
2.​ BAC (bids and awards committee)
3.​ TWG (technical working group)
4.​ BAC Secretariat
5.​ HoPE (head of procuring entity)
6.​ Observer

HEAD OF PROCURING ENTITY (HoPE)

-​ National Government Agency, Head of the Agency
-​ Local Government Units, Local Chief Executive
-​ GOCCs / SUCs / GFIs, Governing Board
 -​ LGU HoPE

FUNCTIONS AND RESPONSIBILITIES OF HOPE

1.​ Establishment and creation of BAC and designates its members
2.​ Ensures professionalization of the BAC and its members (Secretariat and TWG)
3.​ Resolves protests
4.​ Approves or Disapproves the Contract of Award
5.​ Approves the Annual Procurement Plan

BIDS AND AWARDS COMMITTEE (BAC) STRUCTURE

-​ Each Procuring Entity shall establish in its head office a single BAC to undertake
the functions specified in Section 12 of this IRR.
-​ However, to expedite the procurement process for practical intents and
purposes, the HoPE may create separate BACs where the number and
complexity of the items to be procured shall be warrant.
-​ The BACs may be organized either according to:
(a) Geographical location of PMO or end-user or implementing units of the
Procuring Entity.
(b) Nature of Procurement

BAC COMPOSITION (NGAs, GOCCs, GFIs & SOCs)

-​ The HoPE shall designate at least five (5) but not more than (7) members to the
BAC of unquestionable integrity and procurement proficiency.

Regular members:
1.​ Chairperson
2.​ Legal or administrative area
3.​ Finance
Provisional members:
1.​ Officer with technical expertise
2.​ End-user representation

BAC COMPOSITION (LGUs)

For Provinces, Cities and Municipalities:

●​ One representative each from the regular offices under the Office of the Local
Chief Executive such as, but not limited to the following: Office of the
Administrator, Budget Office, Legal Office, Engineering Office, General Services
Offices;
 ●​ A representative from the end user unit. The Chairperson and Vice-Chairperson
shall be designated by the Local Chief Executive. The Chairperson of the BAC
shall be at least a third (3rd) ranking permanent official of the Procuring Entity.
The members of the BAC shall be personnel occupying plantilla positions of the
Procuring Entity concerned.

For Barangays:
●​ The BAC shall be composed of at least five (5), but not more than seven (7)
regular members of the Sangguniang Barangay, except the Punong Barangay.
●​ The Punong Barangay, being the Local Chief Executive, shall designate the
Chairperson, Vice-Chairperson, and members of the BAC.

BIDS AND AWARDS COMMITTEE (BAC) COMPOSITION : ALTERNATE MEMBERS

●​ The HoPE may designate alternate BAC members, who shall have the same
qualifications as that of the members originally designated under Section 11.2.2
of this IRR.
●​ The alternate members shall attend meetings of the BAC and receive the
proportionate honoraria, whenever the original members are absent.
●​ The alternate members shall have the same term as the original members.

BIDS AND AWARDS COMMITTEE (BAC) TENURE

●​ Unless sooner removed for a cause, the members of the BAC shall have a fixed
term of one (1) year reckoned from the date of appointment, renewable at the
discretion of the HoPE.
●​ Upon expiration of the terms of the current members, they shall continue to
exercise their functions until new BAC members are designated.
●​ In case of resignation, retirement, separation, transfer, re- assignment, removal,
or death, the replacement shall serve only for the unexpired term: Provided,
however, That in case of leave or suspension, the replacement shall serve only
for the duration of the leave or suspension.
●​ For justifiable causes, a member shall be suspended or removed by the HoPE.

FUNCTIONS OF BAC
1.​ Recommend approval and/or revision of the APP and other reports
2.​ Conduct bidding process
3.​ Recommend award of contract to the HoPE or his/her duly authorized
representative
4.​ Recommend imposition of sanctions (if any) to the HoPE or his/her duly
authorized representative
5.​ Conduct periodic assessment of the procurement process and procedures
 6.​ Creation of Technical Working Group (TWG)

FUNCTIONS OF TECHNICAL WORKING GROUP (TWG)

1.​ Review of the Technical Specifications, Scope of Work, and Terms of Reference
2.​ Review of Bidding Documents
3.​ Shortlisting of Consultants
4.​ Eligibility Screening
5.​ Evaluations of Bids
6.​ Post Qualification
7.​ Resolution of Request for Reconsideration

BAC SECRETARIAT
●​ The HoPE shall create a Secretariat which will serve as the main support unit of
the BAC.
●​ An existing organic office within the Procuring Entity may also be designated to
serve as Secretariat.
●​ To strengthen and promote the professionalization of the organizations’ procuring
unit, the HoPE may create procurement units that may serve concurrently as
BAC Secretariat in accordance with the guidelines issued by DBM.

FUNCTIONS OF BAC SECRETARIAT

1.​ Provide administrative support to the BAC and the TWG
2.​ Organize and make all necessary arrangements for BAC and the TWG meetings
and conferences
3.​ Prepare minutes of meetings and resolutions of the BAC
4.​ Take custody of procurement documents and other records and ensure that all
procurements undertaken by the Procuring Entity are properly documented
5.​ Manage the sale and distribution of Bidding Documents to interested bidders
6.​ Advertise and/or post bidding opportunities, including Bidding Documents, and
notices of awards;
7.​ Assist in managing the procurement processes
8.​ Monitor procurement activities and milestones for proper reporting to relevant
agencies when required
9.​ Consolidate PPMPs from various units of the Procuring Entity to make them
available for review as indicated in Section 7 of this IRR and prepare the APP

Act as the central channel of communications for the BAC with end-user or
implementing units, PMOs, other units of the line agency, other government agencies,
providers of goods infrastructure projects, and consulting services, observers, and the
general public.

END-USERS
-​ Prepare actual requirements of the procurement project
-​ Plan, prepare, finalize and revise Project Procurement Management Plan
(PPMP).

OBSERVERS
-​ To enhance the transparency of the process, the BAC shall, during the eligibility
checking, shortlisting, pre-bid conference, preliminary examination of bids, bid
evaluation, and post-qualification, invite, in addition to the representative of the
COA, at least two (2) observers, who shall not have the right to vote, to sit in its
proceedings where:
-​ At least one (1) shall come from a duly recognized private group in a sector or
discipline relevant to the procurement at hand, for example:

a) For Infrastructure Projects, national associations of constructors duly

recognized by the Construction Industry Authority of the Philippines (CIAP), such
as, but not limited to the following:
(1) Philippine Constructors Association, Inc.; or
(2) National Constructors Association of the Philippines, Inc.
b) For Goods, a specific relevant chamber-member of the Philippine Chamber of
Commerce and Industry.
c) For Consulting Services, a project-related professional organization accredited
or duly recognized by the Professional Regulation Commission or the Supreme
Court, such as, but not limited to:
(1) Philippine Institute of Civil Engineers (PICE);
(2) Philippine Institute of Certified Public Accountants
(PICPA); or
(3) Confederation of Filipino Consulting Organizations

* The other observer shall come from a non-government organization (NGO).

-​ The observers shall come from an organization duly registered with the
Securities and Exchange Commission (SEC) or the Cooperative Development
Authority (CDA), and should meet the following criteria:
 a) Knowledge, experience or expertise in procurement or in the subject matter of
the contract to be bid;
b) Absence of actual or potential conflict of interest in the contract to be bid; and
c) Any other relevant criteria that may be determined by the BAC.

FUNCTIONS OF OBSERVERS
1.​ To prepare the report either jointly or separately indicating their observations
made on the procurement activities conducted by the BAC for submission to the
HoPE, copy furnished the BAC Chairperson. The report shall assess the extent
of the BAC’s compliance with the provisions of this IRR and areas of
improvement in the BAC’s proceedings
2.​ To immediately inhibit and notify in writing the Procuring Entity concerned of any
actual or potential interest in the contract to be bid
3.​ To submit their report to the Procuring Entity and furnish a copy to the GPPB and
Office of the Ombudsman/Resident Ombudsman. If no report is submitted by the
observer within seven (7) calendar days after each procurement activity, then it is
presumed that the bidding activity conducted by the BAC followed the correct
procedure

GENERAL RULE OF PROCUREMENT

-​ COMPETITIVE BIDDING (Section 10, Article IV, RA 9184)

Exemption to the rule:

-​ ALTERNATIVE METHODS OF PROCUREMENT (Rule XVI of IRR, RA 9184)

GENERAL METHOD OF PROCUREMENT:

COMPETITIVE BIDDING
-​ Rule IV, Section 10 : All procurement shall be done through competitive bidding,
except as provided in Rule XVI of this IRR.

ALTERNATIVE METHODS OF PROCUREMENT:

1. LIMITED SOURCE BIDDING (SECTION 49)
2. DIRECT CONTRACTING (SECTION 50)
3. REPEAT ORDER (SECTION 51)
4. SHOPPING (SECTION 52)
5. NEGOTIATED PROCUREMENT (SECTION 53)

BIDDING PROCESS FOR GOODS AND INFRASTRUCTURE PROJECTS

1.​ Pre-procurement conference (section 20)
 2.​ Advertisement and/or posting (section 21)
3.​ Pre-bid conference (section 22)
​ RULE VII – INVITATION TO BID
4.​ Bid submission (section 25)
5.​ Opening of Technical Proposal (including Eligibility Documents) (section 29)
6.​ Opening of financial proposal (section 29)
RULE VIII – RECEIPT AND OPENING OF BIDS
7.​ Bid evaluation (rule IX)
8.​ Post-qualification (X)
9.​ Contract award (XI)

BIDDING PROCESS FOR CONSULTING SERVICES

1.​ Pre-procurement conference (section 20)
2.​ Advertisement and/or posting (section 21)
3.​ Eligibility and shortlisting (section 24)
4.​ Pre-bid conference (section 22)
RULE VII – INVITATION TO BID
5.​ Bid submission (section 25)
6.​ Opening of Bids (QBE or QCBE) (section 29)
​ RULE VIII – RECEIPT AND OPENING OF BIDS
7.​ Bid Evaluation (QBE or QCBE) (section IX)
8.​ Post-qualification (X)
Negotiation (X)
9.​ Contract award (XI)

Approved Budget for the Contract (ABC) refers to the budget for the contract duly
approved by the Head of the Procuring Entity, as provided for in the General
Appropriations Act or other authorized source of funds, in the case of National
Government Agencies (NGAs); the corporate budget for the contract approved by the
governing Boards, pursuant to Executive Order (E.O.) No. 518, series of 1979, in the
case of GOCCs, GFIs, and Republic Act No. 8292, or the "Higher Education
Modernization Act of 1997", in the case of SUCs; and the budget for the contract
approved by the Sanggunian through an appropriations ordinance in the case of LGUs;

Beneficial Owner refers to a natural person who: (1) ultimately owns or dominantly
influences the management or policies of the juridical entity;
Bid refers to a signed offer or proposal submitted by a supplier, manufacturer,
distributor, contractor, consultant, and service provider in response to the bidding
documents;

Bidder refers to a supplier, manufacturer, distributor, contractor, consultant, and service

provider who submits a bid in response to the requirements of the bidding documents;

Bidding Documents refer to documents issued by the Procuring Entity as the basis for
Bids, furnishing all information necessary for a prospective bidder to prepare a Bid for
the Goods, Infrastructure Projects, and Consulting Services to be provided.

Bids and Awards Committee (BAC) refers to the Committee established in

accordance with Article V of this Act;

Blacklisting refers to an administrative penalty imposed by the Head of the Procuring

Entity which prohibits a person or an entity including its affiliates from participating in all
government procurement activities;

Common-Use Supplies and Equipment (CSE) refer to goods, materials, and

equipment that are used respectively in the day-to-day operations of Procuring Entities
in the performance of their functions which are included in the electronic catalogue of
the Philippine Government Electronic Procurement System (PhilGEPS);

Consulting Services refer to services for Infrastructure Projects and other types of
projects or activities of the government requiring adequate external technical and
professional expertise that are beyond the capability and/or capacity of the government
to undertake such as, but not limited to: (1) advisory and review services; (2)
pre-investment or feasibility studies; (3) design; (4) construction supervision; (5)
management and related services; and (6) other technical services or special studies;

End-User or Implementing Unit refers to the employee or organic office within the
organization of the Procuring Entity that identifies, plans, prepares, designs, and
implements the procurement project based on the requirements or needs of the agency
in accordance with its mandate;

Financial Eligibility refers to having the financial capacity to manufacture, distribute, or

deliver the Goods, Infrastructure Projects, and Consulting Services being procured;

Goods refers to all items, supplies, materials, and general support services, except
Consulting Services and Infrastructure Projects, which may be needed in the
transaction of public businesses or in the pursuit of any government undertaking, project
or activity, whether in the nature of equipment, furniture, stationery, materials, for
construction, or personal property of any kind, including non-personal or contractual
services such as the repair and maintenance of equipment and furniture, as well as
trucking, hauling, janitorial, security, and related or analogous services, as well as
procurement of materials and supplies provided by the Procuring Entity for such
services;

GPPB refers to the Government Procurement Policy Board established in accordance

with Article XIX of this Act;

Head of the Procuring Entity (HoPE) refers to: (1) the head of the agency or the duly
authorized official, for NGAs; (2) the governing board or its duly authorized official for
GOCCs, SUCs, and GFIs; or (3) the local chief executive, for LGUs: Provided, That in a
department, bureau, office, or agency where the procurement is decentralized, the
Head of each decentralized unit shall be considered as the HoPE subject to the
limitations and authority delegated by the head of the department, bureau, office or
agency;

Infrastructure Projects include the construction, improvement, rehabilitation,

demolition, repair, restoration, or maintenance of roads and bridges, railways, airports,
seaports, communication facilities, civil works components of information technology
projects, irrigation, flood control and drainage, water supply, sewerage and solid waste
management systems, shore protection, energy/power and electrification facilities,
national buildings, school buildings, hospital buildings, and other related construction
projects of the government;

Jury Duty refers to a responsibility in which the BAC, Technical Working Group (TWG),
and Secretariat members, including end-users, give utmost priority to procurement
assignments over all the other duties and responsibilities until the requirements for the
procurement at hand are completed;

Legal Eligibility refers to having the legal capacity to act as an entity as evidenced by
permits, licenses, and/or registrations required by law to engage in the business of
manufacturing, distributing, or delivering the Goods, Infrastructure Projects, and
Consulting Services being procured;

Lifecycle Cost refers to the total cost of ownership over the entire life span of an asset
from its acquisition, operation, maintenance, and disposal;
Multi-Year Contractual Authority (MYCA) refers to the authority given to the Procuring
Entity to procure multi-year projects in accordance with the form and conditions set by
the Department of Budget and Management (DBM);

Philippine Government Electronic Procurement System (PhilGEPS) refers to the

single electronic procurement portal managed by the Procurement Service (PS-DBM)
as provided in Section 20 of this Act;

Philippine Product and Services refer to local goods, articles, materials, supplies,
services, and intangible products which may be:

(1) unmanufactured goods, articles, materials, or supplies wholly obtained or produced

in the Philippines;

(2) any good, article, materials, and supplies produced, manufactured, or assembled in
the Philippines which has a minimum local contact as may be determined by the
Department of Trade and Industry (DTI);

(3) services, which refer to the delivery of value or intangible acts or uses through
high-level skills, expertise, labor, or some form of knowledge, technology, or
process-intensive activities; or

(4) intangible products, which refer to properties without physical existence including,
but not limited to, computer, software and products of the creative industry;

Portal refers to a website that aggregate a wide variety of content for the purpose of
attracting a large number of users;

Procurement refers to the acquisition of Goods and Consulting Services, and the
contracting for Infrastructure Projects by the Procuring Entity. Procurement shall also
include the lease of goods and real property. With respect to real property, its
procurement shall be governed by the provisions of Republic Act No. 10792, or "The
Right-of-Way Act", and other applicable laws, rules and regulations;

Procuring Entity refers to any branch, department, bureau, office, agency, or

instrumentality of the government, including SUCs, GOCCs, GFIs, and LGUs procuring
Goods, Infrastructure Projects, and Consulting Services;
Technical Eligibility refers to having the experience or expertise to undertake the
services, manufacturing, distribution, or delivery of the Goods, Infrastructure Projects,
and Consulting Services being procured; and

Value for Money refers to the optimum combination of quality and cost to meet the
requirements and objectives of the end-user

BATAS PAMBANSA BILANG 344 (ACCESSIBILITY LAW)

An Act to Enhance the Mobility of Disabled Persons by Requiring Certain Buildings,

Institutions, Establishments and Public Utilities to Install Facilities and Other Devices

***RULE 1
PURPOSE: provide for minimum requirements and standards to make buildings,
facilities and utilities for public use accessible to disabled persons.
SCOPE: construction, repair and renovation of public- use buildings
-​ Streets, highways and public utilities, public transportation, public telephones,
public transport terminals

FOR NEW CONSTRUCTION

-​ To make such space accessible to the disabled persons
-​ Ten percent (10%) of the total number of units of government-owned living
accommodations shall be accessible and fully usable by the disabled persons
with any fractional part in excess of one-half (1/2) in the computation thereof, to
be considered as one unit; for privately-owned living accommodations the
number of accessible units shall be as provided in Section 3 of Rule III thereof.
-​ c) Ingress/egress from the street to the building or structure shall be made
accessible.
-​ d) Accessible slots in parking areas shall be located as near as possible to
ingress/egress spaces of the building or structure.

FOR REPAIR, RENOVATIONS AND CHANGE OF OCCUPANCY

It's important to include barrier-free facilities and accessibility features.

Depends on a certain conditions:

a. The work should be done in areas where the main activities occur.
b. Accessibility can be achieved at other levels using an elevator that has a minimum
width of 800 mm.
c. The primary function space can only be reduced by up to 10% of its original area.
d. Major structural components (like slabs and columns) must not be weakened.
e. Renovation costs should not exceed 20% of the total building cost for permit fee
calculations.
f. There must be no legal restrictions preventing adherence to these regulations.

EXCEPTIONS FOR BARRIER-FREE FACILITIES AND ACCESSIBILITY FEATURES:

consists only of heating, ventilating and air-conditioning systems including those which
may be required only with respect to fire panic and explosion safety for existing spaces.

New streets, highways, and transport-related structures will include barrier-free facilities
and accessibility features at all pedestrian crossings. ramps and other accessible
features in buildings of the sectoral offices and attached agencies of DOTC (department
of transportation and communication); transportation terminals and passenger waiting
areas for use of disabled persons;
a) Cut-out curbs and accessible ramps at the sidewalks.
b) Audio-visual aids for crossing.

EXCEPTION: Requirements for accessibility at pedestrian grade separations or

overpasses and underpasses may be waived.

Existing streets and highways to be repaired and renovated The accessibility

requirements shall be provided where the portion of existing streets and highways to be
repaired or renovated includes part or the entire pedestrian crossing.

Transport vehicles for public use

a) No license or franchise for the operation of public buses, passenger boats, ships and
domestic airplanes shall be granted or issued unless the owner or operator thereof shall
have provided and designated the number of seats and shall have placed audio-visual
aids.
b) Government instrumentalities operating passenger trains in-cluding the Light Rail
Transit Authority shall have provided the number of seats for disabled persons
c) Government instrumentalities operating passenger airplanes shall provide and
designate the number of seats for dis-abled persons and shall likewise place the
audio-visual aids

Existing Public Transport Vehicles - The minimum accessibility requirements shall

apply to all exist-ing units of public transport vehicles, and including those units which
are to be repaired and renovated.
Public Telephones - At least one unit of public telephones for every four (4) units shall
be accessible to disabled persons and shall be provided with visual aids required,
provided that if only one (1) public telephone is to be installed in a particular place the
same shall be accessible to disabled persons.

Public Transport Terminals - The criteria and accessibility requirements, provided for
public and private buildings and related structures for public use shall apply to public
transport terminals.

***RULE 2 - MINIMUM REQUIREMENTS FOR ACCESSIBILITY

CATEGORIES OF DISABLED PERSONS

Disabled persons under these Rules may be classified into those who have:
1.​ Impairments requiring confinement to wheelchairs; or
2.​ Impairments causing difficulty or insecurity in walking or climbing stairs or
requiring the use of braces, crutches or other artificial supports; or impairments
caused by amputation, arthritis, spastic conditions or pulmonary, cardiac or other
ills rendering individuals semi-ambulatory; or
3.​ Total or partial impairments of hearing or sight causing insecurity or like hood of
exposure to danger in public places; or
4.​ Impairments due to conditions of aging and in coordination;
5.​ Mental impairments whether acquired or congenital in nature.

ANTHROPOMETRICS AND DIMENSIONAL DATA AS GUIDES FOR DESIGN.

The minimum and maximum dimensions for spaces in the built environment should
consider the following criteria:

1.​ The varying sizes and statues of persons of both sexes, their reaches and their
lines of sight at both the standing and sitting positions.
2.​ The dimensional data of the technical aids of disabled persons. Included in the
second consideration are the dimensions of wheelchairs; the minimum spaces
needed for locking and unlocking leg braces plus the range of the distance of
crutches and other walking aids from persons using such devices. By applying at
this very early stage dimensional criteria which take into account wheelchair
usage, the physical environment will ultimately encourage and enable wheelchair
users to make full use of their physical surroundings.

In determining the minimum dimensions for furniture and fixtures accessible to

disabled persons, the following anthropometrics data shall serve as guides for
design:
The length of wheelchairs varies from 1.10 m to 1.30 m . The width of wheelchairs is
from 0.60 m to 0.75 m. A circle of 1.50 m in diameter is a suitable guide in the planning
of wheelchair turning spaces. The comfortable reach of persons confined to wheelchairs
is from 0.70 m to 1.20 m above the floor and not less than 0.40 m from room corners.
The comfortable clearance for knee and leg space under tables for wheelchair users is
0.70 m. Counter height shall be placed at a level comfortable to disabled persons reach.

BASIC PHYSICAL PLANNING REQUIREMENTS

No group of people shall be deprived of full participation and enjoyment of the
environment or be made unequal with the rest due to any disability.

Basic principles:
1.​ ACCESSIBILITY. The built environment shall be designed so that it shall be
accessible to all people. This means that no criteria shall impede the use of
facilities by either the handicapped or nondisabled citizens.
2.​ REACHABILITY. Provisions shall be adapted and introduced to the physical
environment so that as many places or buildings as possible can be reached by
all.
3.​ USABILITY. The built environment shall be designed so that all persons,
whether they be disabled or not, may use and enjoy it.
4.​ ORIENTATION. Finding a person’s way inside and outside of a building or open
space shall be made easy for everyone.
5.​ SAFETY. Designing for safety ensures that people shall be able to move about
with less hazards to life and health.
6.​ WORK ABILITY AND EFFICIENCY. The built environment shall be designed to
allow the disabled citizens to participate and contribute to developmental goals

***RULE 3: SPECIFIC REQUIREMENTS FOR BUILDINGS AND RELATED

STRUCTURES FOR PUBLIC USE

CLASSIFICATION OF BUILDING BY USE OF OCCUPANCY

●​ Category I “ Residential “ This shall comprise Group A and partly Group b
Buildings
●​ Category II “ Commercial and Industrial “ This shall comprise partly Groups B,
C, E, F, G, H, AND I Buildings
●​ Category III “ Educational and Industrial “ This shall comprise partly Group C,
D, E, and H Buildings
●​ Category IV “ Agriculture “ This shall comprise partly Group J Buildings.
●​ Category V “ Ancillary “ This shall comprise partly Group J Buildings.
Architectural facilities and features:
A- stairs
B- walkways
C- corridors
D- doors and entrances
E- washroom and toilets
F- lifts/elevators
G- ramps
H- parking areas
I- switches, controls, buzzers
J- handrails
K- thresholds
L- floor finishes
M- drinking fountains
N- public telephones
O- seating accommodations

STANDARD OF ACCESSIBILITY FOR SPECIAL TYPE OF FACILITIES

The provision of this section shall apply to the specified type of facilities and identified
specific requirements for accessibility and usability which shall be provided for each of
the listed occupancy uses.

Auditoriums, assembly halls, theaters, and related facilities:

a) Seating for the disabled shall be accessible from the main lobby to primary
entrances, together with related toilet facilities.
b) In all assembly places where seating accommodation is provided, there shall be
spaces for the disabled persons as provided.
c) When the seating capacity exceeds 500 an additional wheelchair seating space shall
be provided for each total seating capacity increase of 100 seats.
d) Readily removable seats may be installed in these spaces when such spaces are not
required to accommodate wheelchair users.

COMPUTATION OF ACCESSIBLE UNITS

In the computation for the allocation of accessible units and seating capacity decimal
greater than 0.5 shall be considered as one unit. In all cases a minimum of one (1)
accessible unit shall be provided.

APPLICATION OF BARRIER-FREE FACILITIES AND FEATURES

 1.​ Graphic signs shall be bold and conspicuously installed in every access from
point of entry to connecting destination.
2.​ Walkways shall be provided with adequate passageways in accordance with
provision.
3.​ Width of corridors and circulation system integrating both and vertical access to
ingress/egress level of the building shall be provided.
4.​ Doors and entrances provided herein used as entry points at entrance lobbies as
local points of congregation shall be designed to open easily or accessible from
floor to floor or to any point of destination.
5.​ Washrooms and toilets shall be accessible and provided with adequate turning
space.
6.​ Whenever an elevator/s is required it should meet the requirements provided.
7.​ Ramps shall be provided as means of access to level of changes going to entry
points and entrances, lobbies influenced by condition of location or use.
8.​ Parking areas shall be provided with sufficient space for the disabled persons to
allow easy transfer from carpark to ingress/egress levels.
9.​ Height above the floor or switches and controls shall be in accordance with the
provisions.
10.​Handrails shall be provided at both sides of ramps.
11.​Floor provided for every route of the wheelchair shall be made of non-skid
material.
12.​Water fountains shall be installed as required.

***RULE IV REQUIREMENTS FOR PUBLIC TRANSPORTATION

TYPES OF TRANSPORTATION
1.​ Land Transportation - This shall refer to buses having a minimum seating
capacity of 50 persons for regular buses and 40 persons for air conditioned
buses. This shall include regular city buses, regular provincial buses,
air-conditioned city buses (Love Bus and Pag-ibig Bus) and air- conditioned
tourist and provincial buses.
2.​ Rail Transportation - This shall refer to the three railways systems in the country,
the Philippine National Railways (PNR) operating in Luzon, the Panay Railways
Corporation (PRC) operating in the island of Panay and the Light Rail Transit
Authority (LRTA) operating in Metro Manila
3.​ Water Transportation - This shall refer to domestic passenger ships, ferry boats
and other water transportation vessels.
4.​ Air Transportation - This shall refer to domestic passenger airplanes.
FRANCHISE AND RENOVATION REQUIREMENTS
1.​ No franchise or permit to operate public transportation units shall be granted,
issued or renewed unless such units are constructed or renovated in accordance
with the requirements.
2.​ If feasible, all owners or operators of existing public transportation utilities shall
modify or renovate their units to accommodate disabled persons.
3.​ The construction or renovation of public transport utilities covered by these rules
shall be subject to compliance with the body designs and specifications as
provided under existing rules and regulations.
4.​ Posters or stickers shall be conspicuously displayed inside the units.

DESIGNATED SEATS FOR DISABLED PERSONS

1.​ Regular buses shall have at least five (5) designated seats for disabled persons
near exit/entrance doors.
2.​ First class, premiere and air-conditioned buses shall have at least four (4)
designated seats for disabled persons near the door.
3.​ Passenger trains shall have at least six (6) designated seats per car for disabled
persons nearest to the door.
4.​ Passenger airplanes shall have atleast two (2) designated seats for disabled
persons near the front exit/entrance door on a per aircraft-type basis.
5.​ For regular and air-conditioned city buses, other passengers may use these
designated seats if not occupied and yield them to incoming disabled persons
whenever the occasion arises.
6.​ For provincial buses, regular and air-conditioned buses, passenger trains and
airplanes, the designated seats for disabled persons may be occupied by other
passengers only if no disabled persons shall occupy these seats at the start of
the trip.
7.​ Jeepneys shall have at least two (2) seats, preferably the front seats as
designated seats for disabled persons.
8.​ For jeepneys, other passengers may use these designated seats if not occupied
and yield them to incoming disabled passengers only if the yielding passenger
can still be accommodated at the back.

WATER AND TRANSPORT ACCESSIBILITY

In domestic shipping, each vessel shall:

a. Allocate on a per class basis, areas for disabled passengers. These areas shall be
nearest to the entrance and/or exit doorways of the vessels.
b. Give priority to disabled passengers' embarkation and disembarkation through the
assignment of "time windows. " Disabled passengers shall be given a twenty (20)
minute period to embark ahead of the three (3) hour embarkation time prior to the ship's
departure; and shall be allocated a maximum of one (1) hour for disembarkation after
the ship's arrival.

ADDITIONAL ACCESSIBILITY FEATURE

1.​ The designated seats shall be identified by the International Symbol of Access.
2.​ Owners or operators of city buses operating in highly urbanized cities shall install
in their units audiovisual aids such as buzzer, bell, flashing light to inform the
driver of any alighting passenger.
3.​ At least one deck in passenger ships shall be provided with accessible ramps,
passageways, access to gangways, galleys, safety equipment and
bunks/berths/cabins with dimensions conforming with the requirements.

***RULE V ADMINISTRATION AND ENFORCEMENT

The administration and enforcement of the provision of these Rules and Regulations
shall be vested in the Secretary of Public Works and Highways and the Secretary of
Transportation and Communications, in accordance with the functions and jurisdiction of
their respective Departments as provided for by laws as follows.

he Secretary through the Heads of attached agencies of the Department of

Public Works and Highways, with the technical assistance of the Building Research
Development Staff, shall administer and enforce the provisions of these Rules and
Regulations through the City/Municipal Engineer who shall also act as Local Building
Official pursuant to Section 477 of R.A. 7160, otherwise known as the Local
Government Code of 1991 and as applied for the following:

1.​ Buildings and related structures including public transport terminals

2.​ Streets and Highways

The Secretary of transportation and Communication shall administer and enforce

the provisions of these Rules and Regulations through the Heads of Line and
Attached Agencies of the Department as follows:

1.​ Land Transportation Franchising and Regulatory Board

2.​ Land Transportation Office
3.​ Philippine National Railways and the Light Rail Transit Authority
4.​ Maritime Industry Authority
 5.​ Philippine Ports Authority
6.​ Civil Aeronautics Board
7.​ Air Transportation Office

CRIMINAL LIABILITY

As stipulated in Section 46 of R.A. 7277, otherwise known as the Magna Carta for
Disabled Persons

(a), any person who violates any provision of the rules and regulations of this Act
shall suffer the following penalties:

1) For the first violation, a fine of not less than Fifty thousand pesos (P50, 000.00) but
not exceeding One hundred thousand pesos (P100, 000.00) or imprisonment of not less
than six (6) months but not more than two (2) years, or both at the discretion of the
court; and
2) For any subsequent violation, a fine of not less than One hundred thousand pesos
(P100, 000.00) but not exceeding Two hundred thousand pesos (P200, 000.00) or
imprisonment for not less than two (2) years but not more than six (6) years, or both at
the discretion of the court.

(b) Any person who abuses the privileges granted herein shall be punished with
imprisonment of not less than six (6) months or a fine of not less than Five
thousand pesos (P50, 000.00), or both, at the discretion of the court.

(c) If the violator is a corporation, organization or any similar entity, the officials
thereof directly involved shall be liable therefore.

(d) If the violator is an alien or a foreigner, he shall be deported immediately after

service of sentence without further deportation proceedings.

PERSONS/INDIVIDUALS LIABLE FOR ANY VIOLATION OF THE ACT

For Buildings/Establishment/Structure
-​ Owner or Operator of the Building, Establishment or Structure
-​ Contractor
-​ Architect
-​ Engineer
 -​ Building Official or Other Public Official in-charge with the issuance of building
permit, registration, certification and/or inspection of the building, establishment
or structure

For Air, Land and Sea Transportation

-​ Owner/Operator of Public Transportation
-​ Body builders
-​ Safety Officers/Engineering/Managers
-​ Drivers/Conductors/Conductresses
-​ Public Official in-charge with the issuance of permits, registration, certification
and inspection of the public transportation

MINIMUM REQUIREMENTS FOR ACCESSIBILITY

***OUTSIDE AND AROUND BUILDING

1. Dropped Curbs
-​ Changes in level at walkways should be affected by slight ramps and dropped
curbs.
-​ Should be provided at pedestrian crossing
-​ The minimum width should be 0.90m
-​ Shall be ramped towards adjoining curbs with a gradient not more than 1:12

2. Curbs cut-outs
-​ Should only be allowed when it will not abstruct a walkway or in any way lessen
the width of walkway
-​ Minimum width should be 0.90m and should not have a gradient not more than
1:12

3. Walkways
-​ Walkways should be kept as level as possible and provided with slip- resistant
material.
-​ Should have gradient of 1:100
-​ Minimum width 1.20meters

4. Handrails
-​ Handrails should be installed at both sides of ramps and stairs and the outer
edges of dropped curbs at crossing.
-​ Shall be installed at 0.90m and 0.70m above steps or ramps
5. Open spaces
-​ Where open spaces are provided, the blind can become particularly disoriented.
Therefore, it is extremely helpful it any walkway can be given defined by edges
either by use of planters with dwarf walls or grass verge which provides a texture
different from the path.

6. Signages
-​ Directional and informational signs should be located at points conveniently seen
even by a person in a wheelchair.
-​ Should be kept simple and easy to understand

***PARKING

1. Parking Areas
-​ Parking spaces for the disabled should allow enough space for a person to
transfer to a wheelchair from a vehicle.
-​ Accessible parking slots should have a minimum width of 3.70m

***INSIDE BUILDING AND STRUCTURES

1. Entrances
-​ At least 1 entrance to every building should be accessible from arrival and
departure points to the interior lobby
-​ Entrances with vestibules shall be provided a level area with at least 1.80m depth
and 1.50m width.

2. Ramps
-​ Shall have a minimum clear width of 1.20m and maximum gradient 1:12
-​ The length of the ramp should not exceed 6.00m if the gradient is 1:12 Level
area not less than 1.80m
-​ Handrails will be provided on both sides of the ramp at 0.70m and 0.90m from
ramp level.

3. Doors
-​ All doors should have a minimum clear width of 0.80m
-​ Doors should be operable by a pressure or force not more than 4.0kg; the closing
device pressure of an interior door shall noy exceed 1kg.

4. Switches
-​ Manual Switches shall be positioned within 1.20m to 1.30m above the floor
 -​ Manual switches should be located no further than 0.20 from latch side of the
door

5. Stairs
-​ Slanted nosings are preferred to protruding nosing so as not to impose difficulty
for people using crutches or braces whose feet have a tendency to get caught in
the recessed space of protruding nosing.

***SAFETY

1. Fencing for rodworks and footworks

-​ The railing should incorporate a tapping rail to assist the blind; should not be
greater than 0.35m above the adjacent surface.
-​ Gaps should not occur between adjoining fence lengths

2. Covers for excavation

-​ Footway or carriageway where pedestrians may walk should be covered
temporarily with properly constructed and supported boards to provide path for
pedestrians

3. Signage for roadworks on the carriageway

-​ Place sign on carriageway if it will diminish walkway width to less than 1.20m

4. Location of emergency exits

-​ Wall mounted or free standing tablets with an embossed plan configuration of the
building which indicates emergency exits should be provided at the main lobby of
each floor or strategic locations