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1 Human Rights Law Laws on Rights of Person with Disabilities 2nd Sem 2018-2019

SECTION 3. Coverage This Act shall covers all disabled persons and, to the
Republic Act 7277
extend herein provided, departments, offices and agencies of the National
Republic of the Philippines Government or non-government organization involved in the attainment of the
CONGRESS OF THE PHILIPPINES objectives of this Act.
Metro Manila SECTION 4. Definition of Terms For purposes of this Act, these terms are
Fifth Regular Session defined as follows:
BEGUN AND HELD IN METRO MANILA, ON MONDAY, THE TWENTY (a). Disabled Persons are those suffering from restriction of different abilities, as
SECOND DAY OF JULY, NINETEEN HUNDRED AND NINETY-ONE. a result of a mental, physical or sensory impairment, to perform an activity in the
Republic Act No. 7277 manner or within the range considered normal for a human being;
AN ACT PROVIDING FOR THE REHABILITATION, SELF-DEVELOPMENT (b). Impairment is any loss, diminution or aberration of psychological,
AND SELF-RELIANCE OF DISABLED PERSON AND THEIR INTEGRATION physiological, or anatomical structure of function;
INTO THE MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES. (c). Disability shall mean (1) a physical or mental impairment that
Be it enacted by the Senate and the House of Representatives of the Philippines substantially limits one or more psychological, physiological or anatomical
in Congress assembled: function of an individual or activities of such individual; (2) a record of such an
TITLE ONE GENERAL PROVISIONS impairment; or (3) being regarded as having such an impairment;
CHAPTER I Basic Principle (d). Handicap refers to a disadvantage for a given individual resulting from an
SECTION 1. Title This Act shall be known and cited as the Magna Carta impairment or a disability, that limits or prevents the functions or activity, that is
for Disabled Persons’•. considered normal given the age and sex of the individual;
SECTION 2. Declaration of Polity The grant of the rights and privileges for (e). Rehabilitation is an integrated approach to physical, social, cultural,
disabled persons shall be guided by the following principles: spiritual, educational and vocational measures that create conditions for the
(a). Disabled persons are part of the Philippine society, thus the Senate shall individual to attain the highest possible level of functional ability;
give full support to the improvement of the total well-being of disabled persons (f). Social Barriers refer to the characteristics of institutions, whether legal,
and their integration into the mainstream of society. economic, cultural, recreational or other, any human group, community, or
Toward this end, the State shall adopt policies ensuring the rehabilitation, self- society which limit the fullest possible participation of disabled persons in the life
development and self-reliance of disabled persons. of the group. Social barriers include negative attitudes which tends to single out
It shall develop their skills and potentials to enable them to compete favorably for and exclude disabled persons and which distort roles and interpersonal
available opportunities. relationship;
(b). Disabled persons have the same rights as other people to take their proper (g). Auxiliary Aids and Services include:
place in society. They should be able to live freely and as independently as 1) qualified interpreters or other effective methods of delivering materials to
possible. This must be the concern of everyone the family, community and all individuals with hearing impairments;
government and non-government organizations. Disabled person’s rights must 2) qualified readers, taped tests, or other effective methods of delivering
never be perceived as welfare services by the Government. materials to individuals with visual impairments;
(c). The rehabilitation of the disabled persons shall be the concern of the 3) acquisition or modification of equipment or devices; and
Government in order to foster their capability to attain a more meaningful, 4) other similar services and actions or all types of aids and services that
productive and satisfying life. To reach out to a greater number of disabled facilitate the learning process of people with mental disability;
persons, the rehabilitation services and benefits (h). Reasonable Accommodation include (1) improvement of existing facilities
shall be expanded beyond the traditional urban-based centers to community used by employees in order to render these readily accessible to and usable by
based programs, that will ensure full participation of different sectors as disabled persons; and (2) modification of work schedules, reassignment to a
supported by national and local government agencies. vacant position, acquisition or modification of equipment or devices, appropriate
(d). The State also recognizes the role of the private sector in promoting the adjustments or modifications of examinations, training materials or company
welfare of disabled persons and shall encourage partnership in programs that policies, rules and regulations, the provisions of auxiliary aids and services, and
address their needs and concerns. other similar accommodations for disabled persons;
(e). To facilitate integration of disabled persons into the mainstream of society, (i). Sheltered Employment refers to the provision of productive work for disabled
the State shall advocate for and encourage respect for disabled persons. The persons through workshop providing special facilities, income producing projects
State shall exert all efforts to remove all social, cultural, economic, environmental or homework schemes with a view to given them the opportunity to earn a living
and attitudinal barriers that thus enabling them to acquire a working capacity required in open industry.
are prejudicial to disabled persons.
2 Human Rights Law Laws on Rights of Person with Disabilities 2nd Sem 2018-2019
(j). Auxiliary Social Services are the supportive activities in the delivery of social SECTION 6. Sheltered Employment If suitable employment for disabled
services to the marginalized sectors of society; persons cannot be found through open employment as provided in the
(k). Marginalized Disabled Persons refer to disabled persons who lack access to immediately preceding Section, the State shall endeavor to provide it by means
rehabilitative services and opportunities to be able to participate fully in of sheltered employment. In the placement of disabled persons in sheltered
socioeconomic activities and who have no means of livelihood or whose incomes employment, it shall accord due regard to the individual qualities, vocational
fall below poverty threshold; goals and inclinations to ensure a good working atmosphere and efficient
(l). Qualified Individual with a Disability shall mean an individual with a disability production.
who, with or without reasonable accommodations, can perform the essential SECTION 7. Apprenticeship Subject to the provision of the Labor Code as
functions of the employment position that such individual holds or desires. amended, disabled persons shall be eligible as apprentices or learners;
However, consideration shall be given to the employer’s judgement as to what Provided, That their handicap is not much as to effectively impede the
functions of a job are essential, and if an employer has prepared a written performance of job operations in the particular occupation for which they are
description before advertising or interviewing applicants for the job, this hired; Provided, further, That after the lapse of the period of apprenticeship if
description shall be considered evidence of the essential functions of the job; found satisfactory in the job performance, they shall be eligible for employment.
(m). Readily Achievable means a goal can be easily attained and carried out SECTION 8. Incentives for Employer (a) To encourage the active
without much difficulty or expense. In determining whether an action is readily participation of the private sector in promoting the welfare of disabled persons
achievable, factors to be considered include and to ensure gainful employment for qualified disabled persons, adequate
1) the nature and cost of the action; incentives shall be provided to private entities which employ disabled persons.
2) the overall financial resources of the facility or facilities involved in the action; (b). Private entities that employ disabled persons who meet the required skills or
the number of persons employed at such facility; the effect on expenses and qualifications, either as regular employee, apprentice or learner, shall be entitled
resources, or the impact otherwise of such action upon the operation of the to an additional deduction, from their gross income, equivalent to twenty-five
facility; percent (25%) of the total amount paid as salaries and wages to disabled
3) the overall financial resources of the covered entity with respect to the number persons: Provided, however, That such entities present proof as certified by the
of its employees; the number, type and location of its facilities; and Department of Labor and Employment that disabled person are under their
4) the type of operation or operations of the covered entity, including the employ. Provided, further, That the disabled employee is accredited with the
composition, structure and functions of the work force of such entity; the Department of Labor and Employment and the Department of Health as to his
geographic disability, skills and qualifications.
separateness, administrative or fiscal relationship of the facilities in question to (c). Private entities that improved or modify their physical facilities in order to
the covered entity; provide reasonable accommodation for disabled persons shall also be entitled to
(n). Public Transportation means transportation by air, land and sea that provides an additional deduction from their net taxable income, equivalent to fifty percent
the public with general or special service on a regular and continuing basis; (50%) of the direct costs of the improvements or modifications. This section,
(o). Covered entity means employer, employment agency, labor organization or however, does not apply to improvements or modifications of facilities required
joint labor-management committee; and under Batas Pambansa Bilang 344.
(p). Commerce shall be taken to mean a s travel, trade, traffic, commerce, SECTION 9. Vocational Rehabilitation Consistent with the principle of equal
transportation, or communication among the provinces or between any foreign opportunity for disabled workers and workers in general, the State shall take
country or any territory or possession and any province. appropriate vocational rehabilitation measures that shall serve to develop the
TITLE TWO RIGHTS AND PRIVILEGES OF DISABLED PERSONS skills and potential of disabled persons and enable them to compete favorably for
CHAPTER I – Employment available productive and remunerative employment opportunities in the labor
SECTION 5. Equal Opportunity for Employment No disabled market. The State shall also take measures to ensure the provisions of
persons shall be denied access to opportunities for suitable employment. A vocational rehabilitation and livelihood services for disabled persons in the rural
qualified disabled employee shall be subject to the same terms and conditions of areas. In addition, it shall promote cooperation and coordination between the
employment and the same compensation, privileges, benefits, fringe benefits, government and non-government organization and other private entities engaged
incentives or allowances as a qualified able-bodied person. Five percent (5%) of in vocational rehabilitation activities.
all casual, emergency and contractual positions in the Department of Social The Department of Social Welfare and Development shall design and implement
Welfare and Development; Health; Education, Culture and Sports; and other training programs that will provide disabled persons with vocational skills to
government agencies, offices or corporations engaged in social development enable them to engage in livelihood activities or obtain gainful employment. The
shall be reserved for disabled persons. Department of Labor and Employment shall likewise design and conduct training
programs geared towards providing disabled persons with skills for livelihood.
3 Human Rights Law Laws on Rights of Person with Disabilities 2nd Sem 2018-2019
SECTION 10. Vocational Guidance and Counselling The Department of and technical school in every province a special vocational and technical training
Social Welfare and Development shall implement measures providing and program for disabled persons. It shall develop and implement sports and
evaluating vocational guidance and counselling to enable disabled persons to physical fitness program specifically designed for disabled persons taking into
secure, retain and advance in employment. It shall ensure the availability and consideration the nature of their handicap. SECTION 16. Non-Formal
training counsellors and other suitability qualified staff responsible for the Education The State shall develop nonformal education programs intended
vocational guidance and counselling of disabled persons. for the total human development of disabled persons. It shall provide adequate
SECTION 11. Implementing Rules and Regulations The Department of Labor resources for non-formal education programs and projects that cater to the
and Employment shall in coordination with the Department of Social Welfare and special needs of disabled persons.
Development (DSWD) and National Council for the Welfare of Disabled Persons SECTION 17. State Universities and Colleges If viable and needed, the State
(NCWDP), shall promulgate the rules and regulations necessary to implement Universities or State Colleges in each region or province shall be responsible for
the provision under this Chapter. (a) the development of material appliances and technical aids for disabled
CHAPTER 2 – Education persons; (b) the development of training materials for vocational rehabilitation
SECTION 12. Access to Quality Education The State shall ensure that and special education instructions; and (c) the research on special problems,
disabled persons are provided with adequate access to quality education and particularly of the visually-impaired, hearing-impaired, and orthopedically-
ample opportunities to develop their skills. It shall take appropriate steps to make impaired students, mentally retarded, and multi-handicapped and other, and the
such education accessible to all disabled persons. It shall be unlawful for any elimination of social barriers and discrimination against disabled persons; and (d)
learning institutions to deny a disabled person admission to any course it offers inclusion of the Special Education for Disabled (SPED) course in the curriculum.
by reason of handicap or disability. The State shall take into consideration the The National Government shall provide these state universities and colleges with
special requirements of disabled persons in the formulation of education policies the necessary special facilities for visually-impaired, hearingimpaired, speech
and program. It shall encourage learning institutions to take into account the impaired, and orthopedically-impaired students. It shall likewise allocate the
special needs of disabled persons with respect to the use of school facilities, necessary funds in support of the above.
class schedules, physical education requirements and other pertinent CHAPTER 3 – Health
consideration. The State shall also promote the provision by learning institutions, SECTION 18. National Health Program The Department of Health, in
of auxiliary services that will facilitate the learning process for disabled persons. coordination with National Council for the Welfare of Disabled Persons, shall
SECTION 13. Assistance to Disabled Students The State shall provide institute a national health program which shall aim to attain the following:
financial assistance to economically marginalized but deserving disabled (a). prevention of disability, whether occurring prenatally or post-natally;
students pursuing post secondary or tertiary education. Such assistance may be (b). recognition and early diagnosis of disability; and
in the form of scholarship grants, student loan programs, subsidies, and other (c). early rehabilitation of the disabled.
incentives to qualified disabled students in both public and private schools. At SECTION 19. Rehabilitation Centers The Department of Health shall
least five percent (5%) of the allocation for the Private Education Student establish medical rehabilitation centers in government provincial hospitals, and
Financial Assistance Program created by virtue of R.A. 6728 shall be set aside shall include it annual appropriation the necessary funds for the operation of such
for disabled students pursuing vocational or technical and degree courses. centers. The Department of Health shall formulate and implement a program to
SECTION 14. Special Education The State shall establish, maintain and enable marginalized disabled persons to avail of free rehabilitation services in
support a complete, adequate and integrated system of special education for the government hospitals.
visually impaired, hearing impaired, mentally retarded persons and other type of SECTION 20. Health Services The State shall protect and promote the right
exceptional children in all regions of the country. Towards this end, the to health of disabled persons and shall adopt an integrated and comprehensive
Department of Education, Culture and Sports shall establish special education approach to their health development which shall make essential health services
classes in public schools in cities, or municipalities. It shall also establish, where available to them at affordable cost. The National Government shall provide an
viable, Braille and Record Libraries in provinces, cities or municipalities. The integrated health service for disabled persons which shall include, but not limited
National Government shall allocate funds necessary for the effective to, the following:
implementation of the special education program nationwide. Local government (a). prevention of disability through immunization, nutrition, environmental
units may likewise appropriate counterpart funds to supplement national funds. protection and preservation, and genetic counselling; and early detection of
SECTION 15. Vocational or Technical and Other Training Programs The disability and timely intervention to arrest disabling condition; and
State provide disabled persons with training in civics, vocational efficiency, (b). medical treatment and rehabilitation.
sports and physical fitness, and other skills. The Department of Education, The Department of Health shall field medical personnel specializing in the
Culture and Sports shall establish in at least one government-owned vocational treatment and rehabilitation of disabled persons to provincial hospitals and, when
4 Human Rights Law Laws on Rights of Person with Disabilities 2nd Sem 2018-2019
viable, to municipal health centers. It shall also train its field health personnel in SECTION 25. Barrier-Free Environment The State shall ensure the
the provision of medical attention to disabled persons. It shall further ensure that attainment of a barrier-free environment that will enable disabled persons to have
its field health units have the necessary capabilities to fit prosthetic and orthotic access in public and private buildings and establishments and such other places
appliances on disabled persons. mentioned in Batas Pambansa Bilang 344, otherwise known as the
CHAPTER 4 Auxiliary Social Services Accessibility Law’•. The national and local government shall allocate funds for
SECTION 21. Auxiliary Social Services The State shall ensure that the provision of architectural or structural features for disabled persons in
marginalized persons are provided with the necessary auxiliary services that will government buildings and facilities.
restore their social functioning and participation in community affairs. Toward this SECTION 26. Mobility The State promote the mobility of disabled persons.
end, the Department of Social Welfare and Development shall develop and Disabled persons shall be allowed to drive motor vehicles, subject to the rules
implement programs on auxiliary social services that respond to the needs of and regulations issued by the Land Transportation Office pertinent to the nature
marginalized disabled persons. The components of such a program shall be as of their disability and the appropriate adaptations or modifications made on such
follows: vehicles.
(a). assistance in the acquisition of prosthetic devices and medical intervention of SECTION 27. Access to Public Transport Facilities The Department of Social
specialty services; Welfare and Development shall develop a program to assist marginalized
(b). provision of specialized training activities designed to improved functional disabled persons gain access in the use of public transport facilities. Such
limitations of disabled persons related to communications skills; assistance may be in the form of subsidized transportation fare. The said
(c). development among disabled persons of a positive self-image through the department shall also allocate such funds as may be necessary for the effective
provision of counselling, orientation and mobility and strengthening daily living implementation of the public transport program for the disabled persons. The
capability; Accessibility Law,’• as amended, shall be made supplementary to this Act.
(d). provision of family care services geared towards developing the capability of SECTION 28. Implementing Rules and Regulations The Department of
families to respond to the needs of the disabled members of the family; Transportation and Communications shall formulate the rules and regulations
(e). provision of substitute family care services and the facilities therefore for necessary to implement the provision of this Chapter.
abandoned, neglected, abused and unattached disabled persons who need CHAPTER 7 Political and Civil Rights
custodial care; SECTION 29. System of Voting Disabled persons shall be allowed to be
(f). provision of after care and follow-up services for the continued rehabilitation assisted by a person of his choice in voting in the national or local elections. The
in a community-based setting of disabled persons who were released from the person thus chosen shall prepare ballot for the disabled voter inside the voting
residential care or rehabilitation center; and booth. The person assisting shall bind himself in a formal document under oath
(g). provision of day care services for disabled children of pre-school age. to fill out the ballot strictly in accordance with the instructions of the voter and not
CHAPTER 5 – Telecommunications to reveal the contents of the ballot prepared by him. Violation of this provision
SECTION 22. Broadcast Media Television stations shall be encouraged to shall constitute an election offense. Polling places should be made accessible to
provide a sign language inset or subtitles in at least one (1) newscast program a disabled persons during the national or local elections.
day and special program covering events of national significance. SECTION 30. Right to Assemble Consistent with the provisions of the
SECTION 23. Telephone Services All telephone companies shall be Constitution, the State shall recognize the right of disabled persons to participate
encouraged to install special telephone devices or units for the hearing-impaired in processions, rallies, parades, demonstrations, public meetings, and
and ensure that they are commercially available to enable them to communicate assemblages or other forms of mass or concerted action held in public.
through the telephone system. SECTION 31. Right to Organize The State recognize the rights of disabled
SECTION 24. Free Postal Charges for the Disabled Postal charges shall be persons to form organizations or associations that promote their welfare and
free on the following: advance or safeguard their interests. The National Government, through its
(a). article and literature like books and periodicals, orthopedic and other devices, agencies, instrumentalities and subdivisions, shall assist disabled persons in
and teaching aids for the use of the disabled sent by mail within the Philippines establishing self-help organizations by providing them with necessary technical
and abroad; and and financial assistance. Concerned government agencies and offices shall
(b). aids and orthopedic devices for the disabled sent abroad by mail for repair; establish close linkages with organizations of disabled persons in order to
Provided, That the aforesaid items are for personal purposes only: Provided respond expeditiously to the needs of disabled persons. National line agencies
further, That the disabled person is a marginalized disabled as certified and local government units shall assist disabled persons in setting up specific
by the Social Welfare and Development Office of the local government unit projects that will be managed like business propositions. To ensure the active
concerned or the Department of Social Welfare and Development. participation of disabled persons in the social economic development of the
CHAPTER 6 – Accessibility country, their organizations shall be encouraged to participate in the planning,
5 Human Rights Law Laws on Rights of Person with Disabilities 2nd Sem 2018-2019
organization and management of government programs and projects for disabled (a). all entering employees are subjected to such an examination regardless of
persons. Organizations of disabled persons shall participate in the identification disability;
and preparation of programs that shall serve to develop employment (b). information obtained during the medical condition or history of the applicant
opportunities for the disabled persons. is collected and maintained on separate forms and in separate medical files and
TITLE THREE PROHIBITION ON DISCRIMINATION AGAINST DISABLED is treated as a confidential medical record, Provided, however, That:
PERSONS 1). supervisors and managers may be informed regarding necessary restrictions
CHAPTER 1 Discrimination on Employment on the work or duties of the employees and necessary accommodations;
SECTION 32. Discrimination on Employment No entity, whether public or 2). first aid and safety personnel my be informed, when appropriate, if the
private, shall discriminate against a qualified disabled person by reason of disability might require emergency treatment;
disability in regard to job application procedures, the hiring, promotion, or 3). government officials investigating compliance with this Act shall be provided
discharge of employees, employee compensation, job training, and other terms, relevant information on request; and
conditions, and privileges of employment. The following constitute acts of 4). the results of such examination are used only accordance with this Act.
discrimination: CHPTER 2 Discrimination on Transportation
(a). Limiting, segregating or classifying a disabled job applicant in such a manner SECTION 34. Public Transportation It shall be considered discrimination for
that adversely affects his work opportunities; the franchises or operators and personnel of sea, land, and air transportation
(b). Using qualification standards, employment tests or other selection criteria facilities to charge higher fare or to refuse to convey a passenger, his orthopedic
that screen out or tend to screen out a disabled person unless such standards, devices, personal effects, and merchandise by reason of his disability.
tests or other selection criteria are shown to be jobrelated for the position on CHAPTER 3 Discrimination on the Use of Public
question and are consistent with business necessity; Accommodations and Services
(c). Utilizing standards, criteria, or methods of administration that: SECTION 35. Public Accommodations and Services For purposes of this
1). have the effect of discrimination on the basis of disability; or Chapter, public accommodations and services shall include the following:
2). perpetuate the discrimination of others who are subject to common (a). an inn, hotel, motel, or other place of lodging, except for an establishment
administrative control; located within a building that contains not more than five (5) rooms for rent or hire
(d). Providing less compensation, such as salary, wage or other forms of and that is actually occupied by the proprietor of such establishment as the
remuneration and fringe benefits, to a qualified disabled employee, by reason of residence of such proprietor;
his disability, than the amount to which a non-disabled person performing the (b). a restaurant, bar or other establishment serving food or drink;
same work is entitled; (c). a motion picture, theater, concert hall, stadium, or other place of exhibition or
(e). Favoring a non-disabled employee over a qualified disabled employee with entertainment;
respect to promotion, training opportunities, study and scholarship grants, solely (d). an auditorium, convention center, lecture hall, or other place of public
on account of the latter’s disability; gathering;
(f). Re-assigning or transferring a disabled employee to a job or position he (e). a bakery, grocery store, hardware store, shopping center, or other sales or
cannot perform by reason of his disability; rental establishment;
(g). Dismissing or terminating the services of a disabled employee by reason of (f). a bank, barber-shop, beauty-shop, travel service, funeral parlor, gas station,
his disability unless the employer can prove that he impairs the satisfactory office of a lawyer, pharmacy, insurance office, professional office of a health care
performance of the work involve to the prejudice of the business entities; provider, hospital or other service establishment;
Provided, however, That the employer first sought provide reasonable (g). a terminal, depot, or other station used for specified public transportation;
accommodations for disabled persons; (h). a museum, gallery, library or other place of public display or collection;
(h). Failing to select or administer in the effective manner employment tests (i). a park, zoo, amusement park, or other place of recreation;
which accurately reflect the skills, aptitude or other factor of the disabled (j). a nursery, elementary, secondary, undergraduate, or post-graduate private
applicant or employee that such test purports to measure, rather than the school, or other place of education;
impaired sensory, manual or speaking skills of such applicant or employee, if (k). a gymnasium, health spa, bowling alley, golf course; or
any; and (l). other place of exercise or recreation.
(i). Excluding disabled persons from membership in labor unions or similar SECTION 36. Discrimination on the Use of Public Accommodations
organization. (a) No disabled persons shall be discriminated on the basis of disability in the full
SECTION 33. Employment Entrance Examination Upon an offer of and equal enjoyment of the goods, services, facilities, privileges, advantages
employment, a disabled applicant may be subjected to medical examination, on
the following occasions:
6 Human Rights Law Laws on Rights of Person with Disabilities 2nd Sem 2018-2019
or accommodations of any place of public accommodation by any person who 3). Failure to take steps as may be necessary to ensure that no individual with
owns, leases, or operates a place of public accommodation. The following disability is excluded, denied services, segregated or otherwise treated differently
constitute acts of discrimination: than other individuals because of the absence of auxiliary aids and services,
1). denying a disabled person, directly through contractual, licensing, or other unless the entity can demonstrate that taking such steps would fundamentally
arrangement, the opportunity to participate in or benefit from the goods, services, alter the nature of the good, service, facility, privilege or would result in undue
facilities, privileges, advantages, or accommodations of an entity by reason of his burden;
disability; 4). a failure to remove architectural barriers, and communication barriers that are
2). affording a disabled person, on the basis of his disability, directly or through structural in nature, in existing facilities, where such removal is readily
contractual, licensing, or other arrangement, with the opportunity to participate in achievable; and
or benefit from a good, service, facility, privilege, advantage, or accommodation 5). where an entity can demonstrate that the removal of a barrier under clause
that is not equal to that afforded to other able-bodied persons; and (4) is not readily achievable, a failure to make such goods, services, facilities,
3). providing disability, directly or through contractual, licensing, or other privileges, advantages, or accommodations available through alternative
arrangement, with a good, service, facility, advantages, privilege, or methods if such methods are readily achievable.
accommodation that is different or separate from that provided to other able- SECTION 37. Use of Government Recreational or Sports Centers
bodied persons unless such action is necessary to provide the disabled person Free of Charge Recreational or sports centers owned or operated by the
with a good, service, facility, advantage, privilege or accommodation, or other Governent shall be used, free of charge, by marginalized disabled persons
opportunity that is as effective as that provided to others; during their social, sports or recreation activities.
For purpose of this section, the term individuals or class individuals’• refers to SECTION 38. Implementing Rules and Regulations The Department of
the clients or customers of the covered public accommodation that enters into the Public Works and Highway shall formulate the rules and regulations necessary to
contractual, licensing or other arrangement. implement the provisions of this Chapter.
(b). Integrated Settings Goods, services, facilities, advantages, and TITLE FOUR FINAL PROVISIONS
accommodations shall be afforded to an individual with a disability in the most SECTION 39. Housing Program The National Government shall take into
integrated setting appropriate to the needs of the individual. consideration in its national shelter programs the special housing requirement of
(c). Opportunity to Participate Not withstanding the existence of separate or disabled persons.
different programs or activities provided in accordance with this section, an SECTION 40. Role of National Agencies and Local Government Units Local
individual with a disability shall not be denied the opportunity to participate in government units shall promote the establishment of organizations of disabled
such programs or activities that are not persons in their respective territorial jurisdictions. National agencies and local
separate or different. government units may enter into joint ventures with organizations or associations
(d). Association It shall be discriminatory to exclude or otherwise deny equal of disabled persons to explore livelihood opportunities and other undertaking that
goods, services, facilities, advantages, privileges, accommodations or other shall enhance the health, physical fitness and the economic and social well-being
opportunities to an individual or entity because of the known disability of an of disabled persons.
individual with whom the individual or entity is known to have a relationship or SECTION 41. Support From Non-government Organizations Nongovernment
association. organizations or private volunteer organizations dedicated to the purpose of
(e). Prohibitions For purposes of this Section, the following shall be promoting and enhancing the welfare of disabled persons shall, as they, are
considered as discriminatory. hereby encouraged, become partners of the Government in the implementation
1). the imposition or application of eligibility criteria that screen out or tend to of vocational rehabilitation measures and other related programs and projects.
screen out an individual with a disability or any class or individuals with Accordingly, their participation in the implementation of said measures, program
disabilities from fully and equally enjoying and goods, services, facilities, and projects is to be extended all possible support by the Government. The
privileges, advantages, accommodations, unless such criteria can be shown to Government shall sponsor a volunteer service program which shall harness the
be necessary for the provision of the goods, services, facilities, privileges, or involvement of private individual in the provision of assistance to disabled
accommodations being offered; persons.
2). a failure to make reasonable modifications in policies, practices, or SECTION 42. Tax Incentives (a) Any donation, bequest, subsidy or financial
procedures, when such modification are necessary to afford such goods, aid which may be made to government agencies engaged in the rehabilitation of
services, facilities, privileges, advantages or accommodations to individuals with disabled persons and organizations of disabled persons shall be exempt form the
disabilities, unless the entity can demonstrate that making such modification donor’s tax subject to the provisions of Section 94 of the National Internal
would fundamentally alter the nature of the goods, facilities, services, privileges, Revenue Code (NIRC), as amended and shall be allowed as deduction from the
advantages, or accommodations;
7 Human Rights Law Laws on Rights of Person with Disabilities 2nd Sem 2018-2019
donor’s gross income for purposes of computing the taxable income subject to 1). Duty to Investigate the Secretary of Justice shall investigate alleged
the provisions of Section 29 (h) of the Code. violations of this Act, and shall undertake periodic reviews of compliance of
(b). Donations from foreign countries shall be exempt from taxes and duties on covered entities under this Act.
importation subject to the provisions of Section 105 of the Tariff and Customs (b). Potential Violations If the Secretary of Justice has reasonable cause to
Code of the Philippines, as amended, Section 103 of the NIRC, as amended and believe that
other relevant laws and international agreements. 1). any person or group of persons is engaged in a pattern of practice of
(c). Local manufacturing of technical aids and appliances used by disabled discrimination under this Act; or
persons shall be considered as a preferred area of investment subject to the 2). any person or group of persons has been discriminated against under this Act
provisions of Executive Order No. 226 otherwise known as the Omnibus and such discrimination raises and issue of general public importance, the
Investments Code of 1987’• and, as such, shall enjoy the rights, privileges and Secretary of Justice may commence a legal action in any appropriate court.
incentives as provided in said Code such as, but not limited, to the following: SECTION 45. Authority of Court The court may grant any equitable relief that
1). repatriation of investments; such court considers to be appropriate, including, to the extent required
2). remittance of earnings; by this Act:
3). remittance of payments on foreign contracts; (a). granting temporary, preliminary or permanent relief;
4). freedom from expropriations; (b). providing an auxiliary aid or service, modification of policy, practice or
5). freedom from requisition of investment; procedure, or alternative method; and
6). income tax holiday; (c). making facilities readily accessible to and usable by individuals with
7). additional deduction for labor expense; disabilities.
8). tax and duty exemption on imported capital equipment; SECTION 46. Penal Clause (a) Any person who violates any provision of this
9). tax credit on domestic capital equipment; Act shall suffer the following penalties:
10). exemption from contractor’s tax; 1). for the first violation, a fine of not less than Fifty thousand pesos (P
11). simplification of customs procedures; 50,000.00) but not exceeding One hundred thousand pesos(P 100,000.00) or
12). unrestricted use of consigned equipment; imprisonment of not less than six (6) months but not more than two (2) years, or
13). employment of foreign nationals; both at the discretion of the court; and
14). tax credits for taxes and duties on raw materials; 2). for any subsequent violation, a fine of not less than One hundred thousand
15). access to bonded manufacturing/trading warehouse system; pesos (P 100,000.00) but not exceeding Two hundred thousand pesos (P
16). exemption from taxes and duties on imported spare parts; and 200,000.00) or imprisonment for less than two (2) years but not more than six (6)
17). Exemption from wharfage dues and any export tax, duty, impostand free. years, or both at the discretion of the court.
SECTION 43. Continuity Clause Should any department or agency tasked (b). Any person who abuses the privileges granted herein shall be punished with
with the enforcement or formulation of rules and regulations and guidelines for imprisonment of not less than six (6) months or a fine of not less than Five
implementation of any provisions of this Act is abolished, merge with another thousand pesos (P 5,000.00) but not more than Fifty thousand pesos (P
department or agency or modified, such shall not affect the enforcement or 50,000.00), or both, at the discretion of the court.
formulation of rules, regulations and guidelines for implementation of this Act to (c). If the violator is a corporation, organization or any similar entity, the officials
the effect that thereof directly involved shall be liable therefor.
(a). In case of abolition, the department or agency established to replace the (d). If the violator is an alien or a foreigner, he shall be deported immediately
abolished department or agency shall take-over the functions under this Act of after service of sentence without further deportation proceedings.
the abolished department or agency. SECTION 47. Appropriations The amount necessary to carry out the
(b). In case of the department or agency tasked with the enforcement of provision of this Act shall be included in the General Appropriation Act of the year
formulation of rules, regulations and guidelines for implementation of this Act is following its enactment into law and thereafter.
merged with another department or agency, the former shall continue the SECTION 48. Separability Clause Should any provision of this Act be found
functions under this Act of the merged department or agency. unconstitutional by a court of law, such provisions shall be severed from the
(c). In case of modification, the department or agency modified shall continue the remainder of the Act, and such action shall not affect the enforceability of the
functions under this Act of the department or agency that has undergone remaining provisions of this Act.
modification. SECTION 49. Repealing Clause All laws, presidential decrees, executive
SECTION 44. Enforcement by the Secretary of Justice orders and rules and regulations inconsistent with the provisions of this Act are
(a). Denial of Right hereby repealed or modified accordingly.
8 Human Rights Law Laws on Rights of Person with Disabilities 2nd Sem 2018-2019
SECTION 50. Effectivity This Act shall take effect fifteen (15) days after its
publication in any two (2) newspaper of general circulation.
Approved:
Signed)
RAMON V. MITRA
Speaker of the House
(Signed)
NEPTALI A. GONZALES
President of the Senate
This bill which is consolidation of Senate Bill No, 1286 and House Bill 35091, was
finally passed by the Senate and the House of Representatives on January 22,
1992 and January 16, 1992, respectively.
(Signed)
CAMILO L. SABIO
House of Representatives
(Signed)
ANACLETO D. BADOY, JR.
Secretary of the Senate
Approved: March 24, 1992
(Signed)
CORAZON C. AQUINO
President of the Philippines
9 Human Rights Law Laws on Rights of Person with Disabilities 2nd Sem 2018-2019
including support for books, learning material, and uniform allowance to the
Republic Act 9442
extent feasible: Provided, That persons with disability shall meet minimum
Republic of the Philippines admission requirements;
Congress of the Philippines (i) To the extent practicable and feasible, the continuance of the same benefits
Metro Manila and privileges given by the Government Service Insurance System (GSIS),
Thirteenth Congress Social Security System (SSS), and PAG-IBIG, as the case may be, as are
Third Regular Session enjoyed by those in actual service;
Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two (j) To the extent possible, the government may grant special discounts in special
thousand and six. programs for persons with disability on purchase of basic commodities, subject to
AN ACT AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS guidelines to be issued for the purpose by the Department of Trade and Industry
THE “MAGNA CARTA FOR DISABLED PERSONS, AND FOR OTHER (DTI) and the Department of Agricultural (DA); and
PURPOSES” (k) Provision of express lanes for persons with disability in all commercial and
Be it enacted by the Senate and House of Representatives of the Philippines in government establishments; in the absence thereof, priority shall be given to
Congress assembled: them.
SECTION 1. a new chapter, to be denominated as “Chapter 8. Other privileges The abovementioned privileges are available only to persons with disability who
and Incentives” is hereby added to Title Two of Republic Act No. 7277, otherwise are Filipino citizens upon submission of any of the following as proof of his/her
known as the “Magna Carta for Disabled Persons”, with new Sections 32 and 33, entitlement thereto:
to read as follows: (I) An identification card issued by the city or municipal mayor or the barangay
“CHAPTER 8. Other Privileges and Incentives captain of the place where the persons with disability resides;
“SEC. 32. Persons with disability shall be entitled to the following: (II) The passport of the persons with disability concerned; or
(a) At least twenty percent (20%) discount from all establishments relative to the (III) Transportation discount fare Identification Card (ID) issued by the National
utilization of all services in hotels and similar lodging establishments; restaurants Council for the Welfare of Disabled Persons (NCWDP).
and recreation centers for the exclusive use or enjoyment of persons with The privileges may not be claimed if the persons with disability claims a higher
disability; discount sa may be granted by the commercial establishment and/or under other
(b) A minimum of twenty percent (20%) discount on admission fees charged by existing laws or in combination with other discount programs/s.
theaters, cinema houses, concert halls, circuses, carnivals and other similar The establishments may claim the discounts granted in sub-sections (a), (b), (c),
places of culture, leisure and amusement for the exclusive use of enjoyment of (f) and (g) as tax deductions based on the net cost of the goods sold or services
persons with disability; rendered: Provided, further, That the total amount of the claimed tax deduction
(c) At least twenty percent (20%) discount for the purchase of medicines in all net of value-added tax if applicable, shall be included in their gross sales receipts
drugstores for the exclusive use or enjoyment of persons with disability; for tax purposes and shall be subject to proper documentation and to the
(d) At least twenty percent (20%) discount on medical and dental services provisions of the National Internal Revenue Code (NIRC), as amended.”
including diagnostic and laboratory fees such as, but not limited to, x-rays, “SEC. 33. Incentives. – Those caring for and living with a person with disability
computerized tomography scans and blood tests, in all government facilities, shall be granted the following incentives:
subject to guidelines to be issued by the Department of Health (DOH), in (a) Persons with disability shall be treated as dependents under the Section 35
coordination with the Philippine Health Insurance Corporation (PHILHEALTH); (A) of the National Internal Revenue Code, as amended and as such, individual
(e) At least twenty percent (20%) discount on medical and dental services taxpayers caring for them shall be accorded the privileges granted by the code
including diagnostic and laboratory fees, and professional fees of attending insofar as having dependents under the same section are concerned; and
doctors in all private hospitals and medical facilities, in accordance with the rules (b) Individuals or nongovernmental institutions establishing homes, residential
and regulations to be issued by the DOH, in coordination with the PHILHEALTH; communities or retirement villages solely to suit the needs and requirements of
(f) At least twenty percent (20%) discount on fare for domestic air and sea travel persons with disability shall be accorded the following:
for the exclusive use or enjoyment of persons with disability; (i) Realty tax holiday for the first five years of operation; and
(g) At least twenty percent (20%) discount in public railways, skyways and bus (ii) Priority in the building and/or maintenance of provincial or municipal roads
fare for the exclusive use and enjoyment of person with disability; leading to the aforesaid home, residential community or retirement village.”
(h) Educational assistance to persons with disability, for them to pursue primary, SEC. 2. Republic Act No. 7277 is hereby amended inserting a new title, chapter
secondary, tertiary, post tertiary, as well as vocational or technical education, in and section after Section 38 be denominated as title 4, chapters 1 and 2 and
both public and private schools, through the provision of scholarships, grants, Sections 40, 41 and 42 to read as follows:
financial aids, subsidies and other incentives to qualified persons with disability,
10 Human Rights Law Laws on Rights of Person with Disabilities 2nd Sem 2018-2019
“Title Four “Disabled persons” shall likewise be amended to read as “persons with
Prohibitions on Verbal, Non-verbal Ridicule disability”.
and Vilification Against Persons with Disability SEC. 5. The Department of Social Welfare and Development, the National
“CHAPTER 1. Deliverance from Public Ridicule Council for the Welfare of Disabled Persons, and the Bureau of Internal
“SEC. 39. Public Ridicule. – For purposes of this chapter, public ridicule shall be Revenue, in consultation with the concerned Senate and House committees and
defined as an act of making fun or contemptuous imitating or making mockery of other agencies, organizations, establishments shall formulate implementing rules
persons with disability whether in writing, or in words, or in action due to their and regulations pertinent to the provision of this Act within six months after the
impairment/s. effectivity of this Act.
“SEC. 40. No individual, group or community shall execute any of these acts of SEC. 6. This Act shall take effect fifteen (15) days after its publication in any two
ridicule against persons with disability in any time and place which could newspapers of general circulation.
intimidate or result in loss of self-esteem of the latter. Approved,
“CHAPTER 2. Deliverance from Vilification (Sgd.) JOSE DE VENECIA JR.
“SEC 41. Vilification. – For purposes of this Chapter, vilification shall be defined (Sgd.) MANNY VILLAR
as: Speakier of the House of Representatives
(a) The utterance of slanderous and abusive statements against a person with President of the Senate
disability; and/or This Act which is a consolidation of Senate Bill No. 2580 and House Bill No. 1214
(b) An activity in public which incites hatred towards, serious contempt for, or was finally passed by the Senate and the House of Representatives on February
severe ridicule of persons with disability.” 8, 2007 and February 7, 2008 respectively.
“SEC. 42. Any individual, group or community is hereby prohibited from vilifying (Sgd.) ROBERTO P. NAZARENO
any person with disability which could result into loss of self-esteem of the latter.” (Sgd.) OSCAR G. YABES
SEC. 3. Section 46 of Republic Act No. 7277 is hereby amended to read as Secretary General House of Representatives
follows: Secretary of the Senate
“SEC. 46. Penal Clause. – (a) Any person who violates any provision of this Act Approved: 30 APRIL 2007
shall suffer the following penalties: (Sgd.) GLORIA MACAPAGAL – ARROYO
(1) For the first violation, a fine of not less than Fifty Thousand pesos President of the Philippines
(P50,000.00) but not exceeding One hundred thousand pesos (P100,000.00) or
imprisonment of not less than six months but not more than two 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 years but not more than six
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 months or a fine of not less than Five thousand
pesos (P5,000.00), but not more than Fifty 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.
Upon filing of an appropriate complaint, and after due notice and hearing, the
proper authorities may also cause the cancellation or revocation of the business
permit, permit to operate, franchise and other similar privileges granted to any
business entity that fails to abide by the provisions of this Act.”
SEC. 4. The title of Republic Act No. 7277 is hereby amended to read as the
“Magna Carta for Persons with Disability”, and all references on the said law to
11 Human Rights Law Laws on Rights of Person with Disabilities 2nd Sem 2018-2019
Formulate and implement policies, plans and programs for the promotion of the
Republic Act No. 10070
welfare of PWDs in coordination with concerned national and local government
S. No. 3560 agencies;
(ii) Coordinate the implementation of the provisions of this Act, Batas Pambansa
H. No. 1387 Blg. 344, otherwise known as the Accessibility Law, and other relevant laws at
the local level;
Republic of the Philippines (iii) Represent PWDs in meetings of local development councils and other special
bodies;
Congress of the Philippines (iv) Recommend and enjoin the participation of nongovernment organizations
(NGOs) and people’S organizations (POs) in the implementation of all disability-
Metro Manila related laws and policies;
(v) Gather and compile relevant data on PWDs in their localities;
Fourteenth Congress (vi) Disseminate information including, but not limited to, programs and activities
for PWDs, statistics on PWDs, including children with disability, and training and
Third Regular Session employment opportunities for PWDs;
(vii) Submit reports to the office of the local chief executive on the implementation
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, of programs and services for the promotion of the welfare of PWDs in their
two thousand and nine. respective areas of jurisdiction;
(viii) Ensure that the policies, plans and programs for the promotion of the
[ Republic Act No. 10070] welfare of PWDs are funded by both the national and local government;
(ix) Monitor fundraising activities being conducted for the benefit of PWDs;
ESTABLISHING INSTITUTIONAL MECHANISM TO ENSURE (x) Seek donations in cash or in kind from local or foreign donors to implement an
THE IMPLEMENTATION OF PROGRAMS AND SERVICES FOR PERSONS approved work plan for PWDs, in accordance with existing laws and regulations;
WITH DISABILITIES IN EVERY PROVINCE, CITY AND MUNICIPALITY, and
AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE (xi) Perform such other functions as may be necessary for the promotion and
MAGNA CARTA FOR DISABLED PERSONS•, AS AMENDED, AND FOR protection of the welfare of the PWDs.
OTHER PURPOSES (2) Focal Person
Be it enacted by the Senate and House of Representatives of the Philippines in In consideration of budget restraints, local chief executives of fourth (4 th), fifth
Congress assembled: (5th) and sixth (6th) class municipalities may, in lieu of the creation of a PDAO,
Section 1. Section 40 of Republic Act No. 7277, as amended, is hereby further designate a focal person who shall perform the functions of the PDAO. Priority
amended to read as follows: in appointment should be given to a PWD with experience in providing services
Sec. 40. Role of National Agencies and Local Government Units. (a) Local to PWDs.
government units shall promote the establishment of organizations of persons The establishment of a PDAO or the appointment of a focal person, as the case
with disabilities (PWDs) in their respective territorial jurisdictions. National may be, should be done in consultation and coordination with the National
agencies and local government units may enter into joint ventures with Council on Disability Affairs (NCDA), NGOs and POs.•
organizations or associations of PWDs to explore livelihood opportunities and SEC. 2. References to the term “Disabled Persons” on the title and other
other undertakings that shall enhance the health, physical fitness and the sections of the same Act are hereby amended to read as “Persons with
economic and social well-being of PWDs. Disabilities (PWDs).•
(b) Local government units shall organize and establish the following: SEC. 3. Within three (3) years after the effectivity of this Act, appropriate
(1) Persons with Disability Affairs Office (PDAO) agencies, headed by the Department of Social Welfare and Development
PDAO shall be created in every province, city and municipality. The local chief (DSWD), in consultation with the NCDA and relevant NGOs and POs, shall
executive shall appoint a PWD affairs officer who shall manage and oversee the review its implementation and recommend to Congress the need to mandate the
operations of the office, pursuant to its mandate under this Act. Priority shall be establishment of a PDAO in fourth (4th), fifth (5th) and sixth (6th) class
given to qualified PWDs to head and man the said office in carrying out the municipalities.
following functions: SEC. 4. In order to effectively carry out the objectives of Republic Act No. 7277,
the National Government, through the DSWD, shall ensure that the annual
budget includes provisions to fund programs and provide support for PWDs.
12 Human Rights Law Laws on Rights of Person with Disabilities 2nd Sem 2018-2019
Local government units shall likewise ensure that the necessary fund from any
available local revenues is allocated for the implementation of this Act for the
benefit of PWDs in their jurisdictions.
SEC. 5. Repealing Clause. All laws, presidential decrees, executive orders, and
rules and regulations inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
SEC. 6. Separability Clause. If any provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions hereof.
SEC. 7. Effectivity. This Act shall take effect fifteen (15) days after its publication
in two (2) newspapers of general circulation or in the Official Gazette, whichever
comes first.
Approved:
Signed
PROSPERO C. NOGRALES
JUAN PONCE ENRILE
This Act which is a consolidation of Senate Bill No. 3560 and House Bill No. 1387
was finally passed by the Senate and the House of Representatives on January
18, 2010 and January 26, 2010, respectively.
Signed
MARILYN B. BARUA-YAP
Secretary General House of Representatives
Signed
EMMA LIRIO-REYES
Secretary of the Senate
Approved: APRIL 06, 2010
GLORIA MACAPAGAL-ARROYO
President of the Philippines
13 Human Rights Law Laws on Rights of Person with Disabilities 2nd Sem 2018-2019
purchase of casket or urn, embalming, hospital morgue, transport of the body to
Republic Act No. 10754 – AN ACT EXPANDING THE BENEFITS AND
intended burial site in the place of origin, but shall exclude obituary publication
PRIVILEGES OF PERSONS WITH DISABILITY (PWD) and the cost of the memorial lot.
“(b) Educational assistance to PWD, for them to pursue primary, secondary,
Republic Act No. 10754 tertiary, post tertiary, as well as vocational or technical education, in both public
Republic of the Philippines and private schools, through the provision of scholarships, grants, financial aids,
Congress of the Philippines subsidies and other incentives to qualified PWD, including support for books,
Metro Manila learning materials, and uniform allowance to the extent feasible: Provided, That
Sixteenth Congress PWD shall meet the minimum admission requirements;
Third Regular Session “(c) To the extent practicable and feasible, the continuance of the same benefits
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two and privileges given by the Government Service Insurance System (GSIS),
thousand fifteen. Social Security System (SSS), and Pag-IBIG, as the case may be, as are
[REPUBLIC ACT NO. 10754] enjoyed by those in actual service;
AN ACT EXPANDING THE BENEFITS AND PRIVILEGES OF PERSONS WITH “(d) To the extent possible, the government may grant special discounts in
DISABILITY (PWD) special programs for PWD on purchase of basic commodities, subject to the
Be it enacted by the Senate and House of Representatives of the Philippines in guidelines to be issued for the purpose by the Department of Trade and Industry
Congress assembled: (DTI) and the Department of Agriculture (DA); and
SECTION 1. Section 32 of Republic Act No. 7277, as amended, otherwise known “(e) Provision of express lanes for PWD in all commercial and government
as the “Magna Carta for Persons with Disability”, is hereby further amended to establishments; in the absence thereof, priority shall be given to them.
read as follows: “The abovementioned privileges are available only to PWD who are Filipino
“SEC. 32. Persons with disability shall be entitled to: citizens upon submission of any of the following as proof of his/her entitlement
“(a) At least twenty percent (20%) discount and exemption from the value-added thereto:
tax (VAT), if applicable, on the following sale of goods and services for the “(i) An identification card issued by the city or municipal mayor or the barangay
exclusive use and enjoyment or availment of the PWD: captain of the place where the PWD resides;
“(1) On the fees and charges relative to the utilization of all services in hotels and “(ii) The passport of the PWD concerned; or
similar lodging establishments; restaurants and recreation centers; “(iii) Transportation discount fare Identification Card (ID) issued by the National
“(2) On admission fees charged by theaters, cinema houses, concert halls, Council for the Welfare of Disabled Persons (NCWDP).
circuses, carnivals and other similar places of culture, leisure and amusement; “The privileges may not be claimed if the PWD claims a higher discount as may
“(3) On the purchase of medicines in all drugstores; be granted by the commercial establishment and/or under other existing laws or
“(4) On medical and dental services including diagnostic and laboratory fees in combination with other discount program/s.
such as, but not limited to, x-rays, computerized tomography scans and blood “The establishments may claim the discounts granted in subsection (a),
tests, and professional fees of attending doctors in all government facilities, paragraphs (1), (2), (3), (5), (6), (7), and (8) as tax deductions based on the net
subject to the guidelines to be issued by the Department of Health (DOH), in cost of the goods sold or services rendered: Provided, however, That the cost of
coordination with the Philippine Health Insurance Corporation (PhilHealth); the discount shall be allowed as deduction from the gross income for the same
“(5) On medical and dental services including diagnostic and laboratory fees, and taxable year that the discount is granted: Provided, further, That the total amount
professional fees of attending doctors in all private hospitals and medical of the claimed tax deduction net of value-added tax, if applicable, shall be
facilities, in accordance with the rules and regulations to be issued by the DOH, included in their gross sales receipts for tax purposes and shall be subject to
in coordination with the PhilHealth; proper documentation and to the provisions of the National Internal Revenue
“(6) On fare for domestic air and sea travel; Code (NIRC), as amended.”
“(7) On actual fare for land transportation travel such as, but not limited to, public SEC. 2. Section 33 of Republic Act No. 7277, as amended, is hereby further
utility buses or jeepneys (PUBs/PUJs), taxis, asian utility vehicles (AUVs), shuttle amended to read as follows:
services and public railways, including light Rail Transit (LRT), Metro Rail Transit “SEC. 33. Incentives. – Those caring for and living with a PWD shall be granted
(MRT) and Philippine National Railways (PNR); and the following incentives:
“(8) On funeral and burial services for the death of the PWD: Provided, That the “(a) PWD, who are within the fourth civil degree of consanguinity or affinity to the
beneficiary or any person who shall shoulder the funeral and burial expenses of taxpayer, regardless of age, who are not gainfully employed and chiefly
the deceased PWD shall claim the discount under this rule for the deceased dependent upon the taxpayer, shall be treated as dependents under Section
PWD upon presentation of the death certificate. Such expenses shall cover the 35(b) of the NIRC of 1997, as amended, and as such, individual taxpayers caring
14 Human Rights Law Laws on Rights of Person with Disabilities 2nd Sem 2018-2019
for them shall be accorded the privileges granted by the Code insofar as having
dependents under the same section are concerned; and
“x x x.”
SEC. 3. Implementing Rules and Regulations, – The Department of Social
Welfare and Development (DSWD), in consultation with the Department of
Health (DOH), the Department of Finance (DOF), and the National Council on
Disability Affairs (NCDA), shall promulgate the necessary rules and regulations
for the effective implementation of the provisions of this Act: Provided, That the
failure of the concerned agencies to promulgate the said rules and regulations
shall not prevent the implementation of this Act upon its effectivity.
SEC. 4. Separability Clause. – If any provision of this Act is declared invalid or
unconstitutional, other provisions hereof which are not affected thereby shall
remain in full force and effect.
SEC. 5. Repealing Clause. – All laws, orders, decrees, rules and regulations, and
other parts thereof inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.
SEC. 6. Effectivity. – This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,
(Sgd.) FRANKLIN M. DRILON
President of the Senate
(Sgd.) FELICIANO BELMONTE JR.
Speaker of the House
of Representatives
This Act which is a consolidation of House Bill No. 1039 and Senatee Bill No.
2890 was passed by the House of Representatives and the Senate on December
16, 2015 and December 15, 2015, respectively.
(Sgd.) OSCAR G. YABES
Secretary of the Senate
(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Representatives
Approved: MAR 23 2016
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines