MA GNA C A R TA F O R

O N S W I T H D I S A BI L I T Y
P E RS
REPORTERS:

REPU B L I C A C T N O . 7 2 7 7
MEANING OF PERSONS WITH DISABILITY

PERSONS WITH DISABILITY

Refer to those who are suffering from certain limitations to
perform an activity in the manner considered normal for a human
being, as a result of a mental, physical or sensory impairment.
 DECLARATION OF POLICY
Chapter 1. Sec.2
The grant of the rights and privileges for disabled persons shall be guided by the following
principles:
(A). Disabled persons are part of the Philippine society, thus the senate shall give full support to the improvement of the total well-being of disabled
persons and their integration into the mainstream of society.
Toward this end, the state shall adopt policies ensuring the rehabilitation, self-development and self-reliance of disabled persons.
It shall develop their skills and potentials to enable them to compete favorably for available opportunities.
(B). Disabled persons have the same rights as other people to take their proper place in society. They should be able to live freely and as
independently as possible. This must be the concern of everyone the family, community and all government and non-government organizations.
Disabled person’s rights must never be perceived as welfare services by the government.
(C). The rehabilitation of the disabled persons shall be the concern of the government in order to foster their capability to attain a more meaningful,
productive and satisfying life. To reach out to a greater number of disabled persons, the rehabilitation services and benefits shall be expanded beyond
the traditional urban-based centers to community based programs, that will ensure full participation of different sectors as supported by national and
local government agencies.
(D). The state also recognizes the role of the private sector in promoting the welfare of disabled persons and shall encourage partnership in programs
that address their needs and concerns.
(E). To facilitate integration of disabled persons into the mainstream of society, the state shall advocate for and encourage respect for disabled
persons. The state shall exert all efforts to remove all social, cultural, economic, environmental and attitudinal barriers that are prejudicial to disabled
persons.
RIGHTS AND PRIVILEGES OF
DISABLED PERSONS
TITLE-2
 1. EMPLOYMENT
CHAPTER 1

• Enjoy equal opportunity in workplace

• Maintain the right to pursue any employment that they are qualified for
EQUAL OPPORTUNITY AND SAME TERMS AND CONDITIONS
No disabled person shall be denied access to opportunities for suitable
employment. A qualified disabled employee shall be subject to the same terms
and conditions of employment and the same compensation, privileges, benefits,
fringe benefits, incentives or allowances as a qualified able persons.
QUALIFIED EMPLOYEES WITH DISABILITY
- refer to those who can perform the essential functions of the
employment position they hold or desire to hold, with or without reasonable
accommodations.
2. EDUCATION
CHAPTER 2

• Same access to quality education

• Support a complete special education system in all schools across the nation.
MANDATE AND PROHIBITIONS
The state shall ensure that disabled persons are provided with access to quality
education and ample opportunities to develop their skills. It shall take appropriate steps to
make such education accessible to all disabled persons. It shall be unlawful for any learning
institution to deny a disabled person admission to any course it offers by reason of handicap or
disability.
 3. HEALTH
CHAPTER 3

• Establish and purpose a nationwide program.

• Prevention, recognition, early diagnosis, and early rehabilitation of disability.

The department of health in coordination with the national council for the welfare of the disabled
person shall also institute a national health program which shall also to attain the following:

1) Prevention of disability whether occurring prenatally or postnatally;

2) Recognition and early diagnosis of disability; and

3) Early rehabilitation of the disabled.
4. AUXILIARY SOCIAL SERVICES
CHAPTER 4

• Ensure that all PWDs will have access to auxiliary social services
• Like social enhancement, day care and family care services. Restore
their function and participation in community affairs.
 Municipal and City Governments are obliged to develop and implement
programs on auxiliary social services that will respond to the needs of marginalized
persons with disability, which program shall be composed of the following:

1. Assistance in the acquisition of prosthetic devices an medical intervention of specialty services;

2. Provision of specialized training activities designed to improve functional limitations of persons
with disability related to communication skills;
3. Development among persons with disability of a positive self-image through the provision of
counseling, orientation and mobility and strengthening daily living capability;
4. Provision of family care services geared towards developing the capability of families to
respond to the needs of family members with disability;
5. Provision of substitute family care services and the facilities therefor
for abandoned, neglected, abused and unattached persons with
disability who need custodial care;
6. Provision of after care and follow-up services for the continued
rehabilitation in a community-based setting of persons with disability
who were released from residential care or rehabilitation centers; and
7.Provision of day care services for pre-school aged children with
disability.
5. TELECOMMUNICATIONS
CHAPTER 5
 Communication services such as those through the broadcast media.
 Various means of information dissemination will provide sign language. Ensure that all
differently-abled citizens have access the same information at the same time as the rest
of the nation.

 Television stations shall be encouraged to provide a sign language inset or subtitles in at

least one newscast program a day and special programs covering events of national
significance
6. ACCESSIBILITY
CHAPTER 6

 All public and private spaces, including modes of transportation, follow and maintain
accessibility provisions to ensure barrier-free environment.

 The state shall ensure that the attainment of a barrier-free environment that will enable
disabled persons to have access in public and private buildings and establishments and
such other place mentioned in BP 344, otherwise known as the “accessibility law”.
7. POLITICAL AND CIVIL RIGHTS
CHAPTER 7

• Ensures that all PWDs shall maintain the right to vote and
assemble.
 RIGHT TO SUFFRAGE AND
RIGHT TO ASSEMBLE
• Disabled persons shall be allowed to be assisted by a person
of his choice in voting in the national or local elections. The
person thus chosen shall prepare the ballot for the disabled
voter inside the voting booth.
DISCRIMINATION ON EMPLOYMENT
• Under the law. No entity, whether public or private, shall discriminate
against a qualified disabled person by reason of disability in regard to job
application procedures the hiring, promotion, or discharge of employees,
employee compensation, job training and other terms, conditions, and
privileges of employment. The following constitute acts of discrimination
(Sec. 32, Republic Act 7277)
 The following constitute acts of discrimination:
1) Limiting, segregating or classifying a job applicant with disability in such manner that adversely
affects his work opportunities;
2) Using qualification standards, employment tests or other selection criteria that rule out or tend to rule
out a person with disability, unless such standards, tests or other selection criteria are shown to be job-related for
the position and are consistent with business necessity;
3) Utilizing standards, criteria or methods of administration that:
a) have the effect of discrimination on the basis of disability; or
b) perpetuate the discrimination of others who are subject to common administrative control;
4) Providing a lower compensation, salary, wage or other forms of remuneration and fringe benefits to a
qualified employee with disability as compared to an able-bodied worker performing the same type and amount
of work;
 The following constitute acts of discrimination:
5) favoring an able-bodied employee over a qualified employee with disability with respect to
promotion, training opportunities, study, and scholarship grants, solely on account of the latter’s
disability;
6) reassigning or transferring an employee with disability to a job or position he cannot
perform by reason of his disability;
7) dismissing or terminating by reason of his disability;
8) failing to select or administer in the most effective manner employment tests which
accurately reflect or measure the skills, aptitude, or positive traits of the applicant or employee with
disability rather than the impaired sensory, manual, or speaking capabilities of such applicant or
employee, if any; and
9) excluding employees with disability from membership in labor unions or similar
organizations.
 SECTION 33
Employment entrance examination
Upon an offer employment, a disabled applicant may be subjected to medical examination,
on the following occasions:
a) all entering employees are subjected to such an examination regardless of disability;
b) information obtained during the medical condition or history of the applicant is collected and maintained on
separate forms and in separate medical files and is treated as a confidential medical record. Provided, however, That:
1) supervisors and managers may be informed regarding necessary restrictions on the work or duties of the
employees and necessary accommodations;
2) first aid and safety personnel may be informed, when appropriate, if the disability might require emergency
treatment;
3) government officials investigating compliance with this Act shall be provided relevant information on request;
and
4) the results of such examination are used only in accordance with this Act.
 SECTION 36
Discrimination on the use of Public
Accommodations
 SECTION 36
Discrimination on the Use
of Public Accommodation

No disabled persons shall be discriminated on the basis of

disability in the full and equal employment of the goods, services,
facilities, privileges, advantages or accommodations of any place
of public accommodation by any person who owns, leases, or
operates a place of public accommodation.
 SECTION 36
Discrimination on the Use
of Public Accommodation
The following constitute act of discrimination:
1. denying a disabled person
2. affording a disabled person
3. providing a disabled person
DISCRIMINATION ON TRANSPORTATION
 SECTION 34
Public Transportation
It shall be considered discrimination for the franchises or operators and personnel of sea,
land, and air transportation facilities to charge higher fare or to refuse to convey a
passenger, his orthopedic devices, personal effects, and merchandise by reason of his
disability.
(Section 34. RA 7277) Public Transportation
DISCRIMINATION ON TRANSPORTATION
 SECTION 35
Discrimination on the Use
of Public Accommodations
Public Accommodations and services refer to:
a. an inn, hotel, motel or other place of lodging, except for an establishment located within
a building that contains not more than five (5) rooms for rent or hire and that is actually
occupied by the proprietor of such establishment as the residence of such proprietor;
b. a restaurant, bar, or other establishment serving food or drink;
c. a motion picture, theatre, concert, hall, stadium, or other place of exhibition or
entertainment;
d.an auditorium, convention center, lecture, hall, or other place of public gathering;
 SECTION 35
Discrimination on the use
of Public Accommodations
e. a bakery, grocery store, hardware store, shopping center, or other sales or rental
establishment;
f. a bank, barber-shop, travel service, funeral parlor, gas station, office of a lawyer, pharmacy,
insurance office, professional office of a health care provider, hospital or other service
establishment;
g. a terminal, depot, or other station used for specified public transportation;
h. a museum, gallery, library or other place of public display or collection;
i. a park, zoo, amusement park, or other place of recreation;
 SECTION 35
Discrimination on the use
of Public Accommodations
j. a nursery, elementary, secondary, undergraduate, or post-
graduate private school, or other place of education;
k. a gymnasium, health spa, bowling gallery, golf course; or
l. other place of exercise or recreation
 SECTION 39 and 40
Final Provisions
Sec. 39. Housing Program.
The National Government shall take into consideration in its national shelter programs the
special housing requirements of disabled persons.
Sec. 40. Role of National Agencies and Local Government Units.
Local Government Units shall promote the establishment of organization of disabled person in
their respective territorial jurisdictions. National Agencies and Local Government Units may
enter into joint ventures with organization or associations of disabled persons to explore
livelihood opportunities and other undertaking that shall enhance the health, physical fitness
and the economic and social well-being of disabled persons.
 SECTION 40
Final Provisions
Sec. 41. Support from Non-government Organizations
Non-government organizations or private volunteer organizations dedicated to
the purpose of promoting and enhancing the welfare of disabled persons shall, as they, are
hereby encouraged, become partners of the government in the implementation of vocational
rehabilitation measures and other related programs and projects, accordingly, their
participation in the implementation of said measures, programs and projects is to be
extended all possible is to extended all possible support by the government. The government
shall sponsor a volunteer service program which shall harness the involvement of private
individual in the provision of assistance to disabled persons.
 SECTION 42. TAX INCENTIVES :
Final Provisions

(a) any donation, bequest, subsidy or financial aid which may be made to government agencies
engaged in the rehabilitation of disabled persons and organizations of disabled persons shall be
exempt form the donor’s tax subject to the provisions of section 94 of the National Internal Revenue
Code (NIRC), as amended and shall be allowed as deduction from the donor’s gross income for
purposes of computing the taxable income subject to the provisions of section 29 (h) of the code.
(b). donations from foreign countries shall be exempt from taxes and duties on importation subject to
the provisions of section 105 of the tariff and customs code of the Philippines, as amended, section 103
of the NIRC, as amended and other relevant laws and international agreements.
(c). local manufacturing of technical aids and appliances used by disabled persons shall be considered
as a preferred area of investment subject to the provisions of executive order no. 226 otherwise known
as the OMNIBUS INVESTMENTS CODE OF 1987 and, as such, shall enjoy the rights, privileges and incentives
as provided in said code such as, but not limited, to the following:
 SECTION 42. TAX INCENTIVES :
Final Provisions
1). repatriation of investments;
2). remittance of earnings;
3). remittance of payments on foreign contracts;
4). freedom from expropriations;
5). freedom from requisition of investment;
6). income tax holiday;
7). additional deduction for labor expense;
8). tax and duty exemption on imported capital equipment;
9). tax credit on domestic capital equipment;
10). exemption from contractor’s tax;
11). simplification of customs procedures;
12). unrestricted use of consigned equipment;
13). employment of foreign nationals;
14). tax credits for taxes and duties on raw materials;
15). access to bonded manufacturing/trading warehouse system;
16). exemption from taxes and duties on imported spare parts; and
17). exemption from wharfage dues and any export tax, duty, impost and free.
 SECTION 43
Final Provisions
Section 43. continuity clause : should any department or agency tasked with the enforcement or formulation of rules
and regulations and guidelines for implementation of any provisions of this act is abolished, merge with another
department or agency or modified, such shall not affect the enforcement or formulation of rules, regulations and
guidelines for implementation of this act to the effect that
(a). in case of abolition, the department or agency established to replace the abolished department or
agency shall take-over the functions under this act of the abolished department or agency.
(b). in case of the department or agency tasked with the enforcement of formulation of rules, regulations
and guidelines for implementation of this act is merged with another department or agency, the former shall continue
the functions under this act of the merged department or agency.
(c). in case of modification, the department or agency modified shall continue the functions under this act of
the department or agency that has undergone modification.
 SECTION 44
Final Provisions
Section 44. Enforcement by the Secretary of Justice
(A). Denial of right
1). Duty to investigate : the Secretary of Justice shall investigate alleged violations of this act,
and shall undertake periodic reviews of compliance of covered entities under this act.
(B). Potential violations : if the Secretary of Justice has reasonable cause to believe that
1). Any person or group of persons is engaged in a pattern of practice of discrimination under this
act; or
2). Any person or group of persons has been discriminated against under this act and such
discrimination raises and issue of general public importance, the secretary of justice may commence a
legal action in any appropriate court.
 SECTION 45
Final Provisions
Section 45. Authority of court : the court may grant any equitable relief that such court
considers to be appropriate, including, to the extent required by this act:
(a). Granting temporary, preliminary or permanent relief;
(b). Providing an auxiliary aid or service, modification of policy, practice or
procedure, or alternative method; and
(c). Making facilities readily accessible to and usable by individuals with
disabilities.
 SECTION 46
Final Provisions
Section 46. Penal clause :
(a) any person who violates any provision of this act shall suffer the following penalties:
1). for the first violation, a fine of not less than fifty thousand pesos (p 50,000.00) but not exceeding one hundred thousand
pesos(p 100,000.00) 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 (p 100,000.00) but not exceeding two
hundred thousand pesos (p 200,000.00) or imprisonment for 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 (p 5,000.00) but not more than fifty thousand pesos (p 50,000.00), 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 therefor.
(d). if the violator is an alien or a foreigner, he shall be deported immediately after service of sentence without further deportation
proceedings.
 SECTION 47, 48, 49 and 50
Final Provisions
Section 47. Appropriations : the amount necessary to carry out the provision of this act shall be
included in the general appropriation act of the year following its enactment into law and thereafter.
Section 48. Separability clause : should any provision of this act be found unconstitutional by a
court of law, such provisions shall be severed from the remainder of the act, and such action shall
not affect the enforceability of the remaining provisions of this act.
Section 49. 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.
Section 50. Effectivity : this act shall take effect fifteen (15) days after its publication in any two
(2) newspaper of general circulation.
THE END