Charging a fee for the use of restrooms

Dear PAO,

The management of a passenger bus terminal is charging a fee of P10 for their passengers’ use of the restrooms inside their own terminal. Is this allowed?

Frank

Dear Frank,

Please be informed that Sections 5 and 7 of Republic Act (RA) 11311, otherwise known as the “Act to Improve Land Transportation Terminals, Stations, Stops, Rest Areas and Roll-On/Roll-Off Terminals, Appropriating Funds Therefor and for Other Purposes,” provide:

“Section 5. Prohibition on Collection of Fees to Access Sanitary Facilities. – It shall be unlawful to collect fees from passengers for the use of regular sanitary facilities therein. For the purpose of this Act, the concerned passenger must show the paid bus ticket for the day in order to avail of the free use of sanitary facilities: Provided, however, that the provisions of this Act shall not apply to separate, well-appointed or deluxe sanitary facilities that are operated solely for commercial purposes and for the convenience of passengers who require and prefer such facilities within land transport terminals, stations, stops, rest areas, and RORO terminals. xxx

“Section 7. Penalty.—

“(a) Any owner, operator, or administrator of land transport terminals, stations, stops, rest areas, and RORO terminals who does not comply with the standards for sanitary facilities under Section 4 of this Act shall be liable for a fine in the amount of Five thousand pesos (P5,000.00) for each day of violation;

“(b) Any owner, operator, or administrator of land transport terminals, stations, stops, rest areas, and RORO terminals who violates the prohibition under Section 5 of this Act shall be liable for a fine in the amount of Five thousand pesos (P5,000.00) for each day of violation; and

“(c) Any owner, operator, or administrator of land transport terminals, stations, stops, rest areas, and RORO terminals who does not provide and maintain a lactation station as required under Section 6 of this Act shall, in addition to the sanctions under Section 21 of the “Expanded Breastfeeding Promotion Act of 2009″, be liable for a fine in the amount of Five thousand pesos (P5,000.00) for each day of violation.” (Emphasis supplied)

Pursuant to the aforementioned provisions of the law, charging a fee to the passengers, for the use of a regular sanitary facility, such as a toilet, within a terminal, station, or stop of a public transportation provider is prohibited.

In order for a passenger to use the sanitary facility free of charge, he/she must present the paid bus ticket. However, the said prohibition does not apply if the toilet is part of a well-appointed or deluxe sanitary facility intended for commercial purposes and may be used by any passenger who intends to use it for his/her convenience.

It is likewise provided under the law that the owner, operator, or administrator of a land transportation provider which violates the aforementioned provision shall be liable for a fine in the amount of P5,000 for each day of violation.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].