REPUBLIC ACT NO. 7277 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
AN ACT PROVIDING FOR THE potentials to enable them to compete favorably for
REHABILITATION, SELF- available opportunities. 
chan robles virtual law library
DEVELOPMENT AND SELF- (b) Disabled persons have the same rights as other
people to take their proper place in society. They should
RELIANCE OF DISABLED PERSONS be able to live freely and as independently as possible.
AND THEIR INTEGRATION INTO This must be the concern of everyone — the family,
community and all government and nongovernment
THE MAINSTREAM OF SOCIETY organizations. Disabled persons' rights must never be
AND FOR OTHER PURPOSES. 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
TITLE I capacity to attain a more meaningful, productive and
GENERAL PROVISIONS satisfying life. To reach out to a greater number of
disabled persons, the rehabilitation services and
CHAPTER I benefits shall be expanded beyond the traditional
BASIC PRINCIPLE urban-based centers to community based programs,
that will ensure full participation of different sectors as
Section 1. Title. — This Act shall be known and cited as supported by national and local government
the "Magna Carta for Disabled Persons." agencies. chan robles virtual law library
chan robles virtual law library
Sec. 2. Declaration of Policy — The grant of the rights (d) The State also recognizes the role of the private
and privileges for disabled persons shall be guided by sector in promoting the welfare of disabled persons and
the following principles: shall encourage partnership in programs that address
(a) Disabled persons are part of Philippine society, thus their needs and concerns. 
the State shall give full support to the improvement of
the total well-being of disabled persons and their
(e) To facilitate integration of disabled persons into the (d) Handicap refers to a disadvantage for a given
mainstream of society, the State shall advocate for and individual, resulting from an impairment or a disability,
encourage respect for disabled persons. The State shall that limits or prevents the function or activity, that is
exert all efforts to remove all social, cultural, economic, considered normal given the age and sex of the
environmental and attitudinal barriers that are individual; 
prejudicial to disabled persons.
(e) Rehabilitation is an integrated approach to physical,
Sec.  3. Coverage. — This Act shall cover all disabled social, cultural, spiritual, educational and vocational
persons and, to the extent herein provided, measures that create conditions for the individual to
departments, offices and agencies of the National attain the highest possible level of functional ability; 
Government or nongovernment organizations involved
in the attainment of the objectives of this Act.  (f) Social Barriers refer to the characteristics of
Sec.  4. Definition of Terms. — For purposes of this Act, institutions, whether legal, economic, cultural,
these terms are defined as follows: recreational or other, any human group, community, or
(a) Disabled persons are those suffering from restriction society which limit the fullest possible participation of
or different abilities, as a result of a mental, physical or disabled persons in the life of the group. Social barriers
sensory impairment, to perform an activity in the include negative attitudes which tend to single out and
manner or within the range considered normal for a exclude disabled persons and which distort roles and
human being;  inter-personal relationships; 
chan robles virtual law library
(b) Impairment is any loss, diminution or aberration of (g) Auxiliary Aids and Services include:
psychological, physiological, or anatomical structure or
function;  (1) qualified interpreters or other effective methods of
delivering materials to individuals with hearing
(c) Disability shall mean 1) a physical or mental impairments;
impairment that substantially limits one or more chan robles virtual law library
psychological, physiological or anatomical function of (2) qualified readers, taped tests, or other effective
an individual or activities of such individual; 2) a record methods of delivering materials to individuals with
of such an impairment; or 3) being regarded as having visual impairments;
such an impairment; chan robles virtual law library
(3) acquisition or modification of equipment or devices;
and chan robles virtual law library
(4) other similar services and actions or all types of aids livelihood and whose incomes fall below the poverty
and services that facilitate the learning process of threshold; chan robles virtual law library
people with mental disability. 
(l) Qualified Individual with a Disability shall mean an
(h) Reasonable Accommodation include 1) improvement individual with a disability who, with or without
of existing facilities used by employees in order to reasonable accommodations, can perform the essential
render these readily accessible to and usable by functions of the employment position that such
disabled persons; and 2) modification of work individual holds or desires. However, consideration
schedules, reassignment to a vacant position, shall be given to the employer's judgment as to what
acquisition or modification of equipment or devices, functions of a job are essential, and if an employer has
appropriate adjustments or modifications of prepared a written description before advertising or
examinations, training materials or company policies, interviewing applicants for the job, this description
rules and regulations, the provision of auxiliary aids shall be considered evidence of the essential functions
and services, and other similar accommodations for of the job;
disabled persons; 
chan robles virtual law library (m) Readily Achievable means a goal can be easily
(i) Sheltered Employment refers to the provision of attained and carried out without much difficulty or
productive work for disabled persons through expense. In determining whether an action is readily
workshops providing special facilities, income- achievable, factors to be considered include — 
producing projects or homework schemes with a view to
giving them the opportunity to earn a living thus (1) the nature and cost of the action;
enabling them to acquire a working capacity required in chan robles virtual law library
open industry;  (2) the overall financial resources of the facility or
facilities involved in the action; the number of persons
(j) Auxiliary Social Services are the supportive activities employed at such facility; the effect on expenses and
in the delivery of social services to the marginalized resources, or the impact otherwise of such action upon
sectors of society; the operation of the facility; 

(k) Marginalized Disabled Persons refer to disabled (3) the overall financial resources of the covered entity
persons who lack access to rehabilitative services and with respect to the number of its employees; the
opportunities to be able to participate fully in number, type and location of its facilities; and chan robles
socioeconomic activities and who have no means of virtual law library
(4) the type of operation or operations of the covered benefits, fringe benefits, incentives or allowances as a
entity, including the composition, structure and qualified able bodied person. chan robles virtual law library
functions of the work force of such entity; the Five percent (5%) of all casual emergency and
geographic separateness, administrative or fiscal contractual positions in the Departments of Social
relationship of the facility or facilities in question to the Welfare and Development; Health; Education, Culture
covered entity.  and Sports; and other government agencies, offices or
corporations engaged in social development shall be
(n) Public Transportation means transportation by air, reserved for disabled persons.
land and sea that provides the public with general or
special service on a regular and continuing basis;  Sec.  6. Sheltered Employment — If suitable
chan robles virtual law library employment for disabled persons cannot be found
(o) Covered Entity means an employer, employment through open employment as provided in the
agency, labor organization or joint-labor management immediately preceding Section, the State shall endeavor
committee; and  to provide it by means of sheltered employment. In the
placement of disabled persons in sheltered employment,
(p) Commerce shall be taken to mean as travel, trade, it shall accord due regard to the individual qualities,
traffic, commerce, transportation, or communication vocational goals and inclinations to ensure a good
among the provinces or between any foreign country or working atmosphere and efficient production. 
any territory or possession and any province.
Sec.  7. Apprenticeship. — Subject to the provisions of
TITLE II the Labor Code as amended, disabled persons shall be
RIGHTS AND PRIVILEGES OF DISABLED PERSONS eligible as apprentices or learners: Provided, That their
handicap is not as much as to effectively impede the
CHAPTER I performance of job operations in the particular
EMPLOYMENT occupation for which they are hired; Provided, further,
That after the lapse of the period of apprenticeship, if
Sec.  5. Equal Opportunity for Employment. — No found satisfactory in the job performance, they shall be
disable person shall be denied access to opportunities eligible for employment. 
for suitable employment. A qualified disabled employee
shall be subject to the same terms and conditions of Sec.  8. Incentives for Employers. — (a) To encourage
employment and the same compensation, privileges, the active participation of the private sector in
promoting the welfare of disabled persons and to ensure
gainful employment for qualified disabled persons, develop the skills and potentials of disabled persons
adequate incentives shall be provided to private entities and enable them to compete favorably for available
which employ disabled persons.  productive and remunerative employment opportunities
in the labor market. 
(b) Private entities that employ disabled persons who
meet the required skills or qualifications, either as The State shall also take measures to ensure the
regular employee, apprentice or learner, shall be provision of vocational rehabilitation and livelihood
entitled to an additional deduction, from their gross services for disabled persons in the rural areas. In
income, equivalent to twenty-five percent (25%) of the addition, it shall promote cooperation and coordination
total amount paid as salaries and wages to disabled between the government and nongovernmental
persons: Provided, however, That such entities present organizations and other private entities engaged in
proof as certified by the Department of Labor and vocational rehabilitation activities.
Employment that disabled persons are under their
employ: Provided, further, That the disabled employee is The Department of Social Welfare and Development
accredited with the Department of Labor and shall design and implement training programs that will
Employment and the Department of Health as to his provide disabled persons with vocational skills to enable
disability, skills and qualifications. them to engage in livelihood activities or obtain gainful
employment. The Department of Labor and
(c) Private entities that improve or modify their physical Employment shall likewise design and conduct training
facilities in order to provide reasonable accommodation programs geared towards providing disabled persons
for disabled persons shall also be entitled to an with skills for livelihood. 
additional deduction from their net taxable income,
equivalent to fifty percent (50%) of the direct costs of Sec.  10. Vocational Guidance and Counseling. — The
the improvements or modifications. This Section, Department of Social and Welfare and Development,
however, does not apply to improvements or shall implement measures providing and evaluating
modifications of facilities required under Batas vocational guidance and counseling to enable disabled
Pambansa Bilang 344. chan robles virtual law library persons to secure, retain and advance in employment.
It shall ensure the availability and training of
Sec.  9. Vocational Rehabilitation. — Consistent with counselors and other suitably qualified staff responsible
the principle of equal opportunity for disabled workers for the vocational guidance and counseling of disabled
and workers in general, the State shall take appropriate persons.chan robles virtual law library
vocational rehabilitation measures that shall serve to
Sec.  11. Implementing Rules and Regulations. — The Sec.  13. Assistance to Disabled Students. — The State
Department of Labor and Employment shall in shall provide financial assistance to economically
coordination with the Department of Social Welfare and marginalized but deserving disabled students pursuing
Development (DSWD) and National Council for the post secondary or tertiary education. Such assistance
Welfare of the Disabled Persons (NCWDP) shall may be in the form of scholarship grants, student loan
promulgate the rules and regulations necessary to programs, subsidies, and other incentives to qualified
implement the provisions under this Chapter.  disabled students in both public and private schools. At
least five percent (5%) of the allocation for the Private
CHAPTER II Education Student Financial Assistance Program
EDUCATION created by virtue of R.A. 6725 shall be set aside for
disabled students pursuing vocational or technical and
Sec.  12. Access to Quality Education. — The State degree courses.
shall ensure that disabled persons are provided with
access to quality education and ample opportunities to Sec.  14. Special Education. — The State shall
develop their skills. It shall take appropriate steps to establish, maintain and support complete, adequate
make such education accessible to all disabled persons. and integrated system of special education for the
It shall be unlawful for any learning institution to deny visually impaired, hearing impaired, mentally retarded
a disabled person admission to any course it offers by persons and other types of exceptional children in all
reason of handicap or disability.  regions of the country. Toward this end, the
The State shall take into consideration the special Department of Education, Culture and Sports shall
requirements of disabled persons in the formulation of establish, special education classes in public schools in
educational policies and programs. It shall encourage cities, or municipalities. It shall also establish, where
learning institutions to take into account the special viable, Braille and Record Libraries in provinces, cities
needs of disabled persons with respect to the use of or municipalities. 
school facilities, class schedules, physical education
requirements, and other pertinent consideration.  The National Government shall allocate funds necessary
for the effective implementation of the special education
The State shall also promote the provision by learning program nationwide. Local government units may
institutions, especially higher learning institutions of likewise appropriate counterpart funds to supplement
auxiliary services that will facilitate the learning process national funds.
for disabled persons. chan robles virtual law library
Sec.  15. Vocational or Technical and Other Training inclusion of the Special Education for Disabled (SPED)
Programs. — The State shall provide disabled persons course in the curriculum. 
with training in civics, vocational efficiency, sports and
physical fitness, and other skills. The Department of The National Government shall provide these state
Education, Culture and Sports shall establish in at universities and colleges with necessary special facilities
least one government-owned vocational and technical for visually-impaired, hearing-impaired, speech-
school in every province a special vocational and impaired, and orthopedically-impaired students. It shall
technical training program for disabled persons. It shall likewise allocate the necessary funds in support of the
develop and implement sports and physical fitness above.
programs specifically designed for disabled persons
taking into consideration the nature of their handicap.  CHAPTER III
HEALTH
Sec.  16. Non-Formal Education. — The State shall
develop non-formal education programs intended for Sec.  18. National Health Program. — The Department
the total human development of disabled persons. It of Health in coordination with the National Council for
shall provide adequate resources for non-formal the Welfare of Disabled Persons, shall institute a
education programs and projects that cater to the national health program which shall aim to attain the
special needs of disabled persons.  following:

Sec.  17. State Universities and Colleges. — If viable (a) prevention of disability, whether occurring prenatally
and needed, the State University or State College in or postnatally;
each region or province shall be responsible for (a) the chan robles virtual law library
development of material appliances and technical aids (b) recognition and early diagnosis of disability; and 
for disabled persons; (b) the development of training
materials for vocational rehabilitation and special (c) early rehabilitation of the disabled. 
education instructions; (c) the research on special
problems, particularly of the visually-impaired, hearing- Sec.  19. Rehabilitation Centers. — The Department of
impaired, speech-impaired, and orthopedically-impaired Health shall establish medical rehabilitation centers in
students, mentally retarded, and multi-handicapped government provincial hospitals, and shall include in its
and others, and the elimination of social barriers and annual appropriation the necessary funds for the
discrimination against disabled persons; and (d) operation of such centers. chan robles virtual law library
The Department of Health shall formulate and CHAPTER IV
implement a program to enable marginalized disabled AUXILIARY SOCIAL SERVICES
persons to avail of free rehabilitation services in
government hospitals. Sec.  21. Auxiliary Social Services. — The State shall
ensure that marginalized persons are provided with the
Sec.  20. Health Services. — The State shall protect and necessary auxiliary services that will restore their social
promote the right to health of disabled persons and functioning and participation in community affairs.
shall adopt an integrated and comprehensive approach Towards this end, the Department of Social Welfare and
to their health development which shall make essential Development shall develop and implement programs on
health services available to them at affordable cost.  auxiliary social services that respond to the needs of
marginalized disabled persons. The components of such
The National Government shall provide an integrated a program shall be as follows: 
health service for disabled persons which shall include, (a) assistance in the acquisition of prosthetic devices
but not limited to, the following: and medical intervention of specialty services;
chan robles virtual law library
(a) prevention of disability through immunization, (b) provision of specialized training activities designed to
nutrition, environmental protection and preservation, improve functional limitations of disabled persons
and genetic counseling; and early detection of disability related to communication skills; 
and timely intervention to arrest disabling condition;
and  (c) development among disabled persons of a positive
chan robles virtual law library self-image through the provision of counseling,
(b) medical treatment and rehabilitation.chan robles virtual orientation and mobility and strengthening daily living
law library capability;
The Department of Health shall field medical personnel
specializing in the treatment and rehabilitation of (d) provision of family care services geared towards
disabled persons to provincial hospitals and, when developing the capability of families to respond to the
viable, to municipal health centers. It shall also train its needs of the disabled members of the family; 
field health personnel in the provision of medical
attention to disabled persons. It shall further ensure (e) provision of substitute family care services and the
that its field health units have the necessary facilities therefor for abandoned, neglected, abused and
capabilities to fit prosthetic and orthotic appliances on unattached disabled persons who need custodial
disabled persons.  care; chan robles virtual law library
(f) provision of after care and follow-up services for the (b) aids and orthopedic devices for the disabled sent by
continued rehabilitation in a community-based setting abroad by mail for repair:
of disabled persons who were released from residential Provided, That the aforesaid items are for personal
care or rehabilitation centers; and  purposes only: Provided, further, That the disabled
person is a marginalized disabled as certified by the
(g) provision of day care services for disabled children of Social Welfare and Development Office of the local
pre-school age.  government unit concerned or the Department of Social
Welfare and Development. 
CHAPTER V
TELECOMMUNICATIONS CHAPTER VI
        chan robles virtual law library ACCESSIBILITY
Sec.  22. Broadcast Media. — Television stations shall
be encouraged to provide a sign—language inset or             chan robles virtual law library
subtitles in at least one (1) newscast program a day and Sec.  25. Barrier-Free Environment. — The State shall
special programs covering events of national ensure the attainment of a barrier-free environment
significance.  that will enable disabled persons to have access in
chan robles virtual law library
public and private buildings and establishments and
Sec.  23. Telephone Services. — All telephone
such other places mentioned in Batas Pambansa Bilang
companies shall be encouraged to install special
344, otherwise known as the "Accessibility Law". 
telephone devices or units for the hearing-impaired and chan robles virtual law library
ensure that they are commercially available to enable The national and local governments shall allocate funds
them to communicate through the telephone system.  for the provision of architectural facilities or structural
features for disabled persons in government buildings
Sec.  24. Free Postal Charges for the Disabled. — Postal and facilities.
charges shall be free on the following:
Sec.  26. Mobility. — The State shall promote the
(a) articles and literatures like books and periodicals, mobility of disabled persons. Disabled persons shall be
orthopedic and other devices, and teaching aids for the allowed to drive motor vehicles, subject to the rules and
use of the disabled sent by mail within the Philippines regulations issued by the Land Transportation Office
and abroad; and pertinent to the nature of their disability and the
chan robles virtual law library
appropriate adaptations or modifications made on such bind himself in a formal document under oath to fill out
vehicles. the ballot strictly in accordance with the instructions of
the voter and not to reveal the contents of the ballot
Sec.  27. Access to Public Transport Facilities. — The prepared by him. Violation of this provision shall
Department of Social Welfare and Development shall constitute an election offense.
develop a program to assist marginalized disabled Polling places should be made accessible to disabled
persons gain access in the use of public transport persons during national or local elections. 
facilities. Such assistance may be in the form of
subsidized transportation fare. Sec.  30. Right to Assemble. — Consistent with the
provisions of the Constitution, the State shall recognize
The said department shall also allocate such funds as the right of disabled persons to participate in
may be necessary for the effective implementation of the processions, rallies, parades, demonstrations, public
public transport program for the disabled persons. chan meetings, and assemblages or other forms of mass or
robles virtual law library concerned action held in public.

The "Accessibility Law", as amended, shall be made Sec.  31. Right to Organize. — The State recognizes the
suppletory to this Act. right of disabled persons to form organizations or
associations that promote their welfare and advance or
Sec.  28. Implementing Rules and Regulations. — The safeguard their interests. The National Government,
Department of Transportation and Communications through its agencies, instrumentalities and
shall formulate the rules and regulations necessary to subdivisions, shall assist disabled persons in
implement the provisions of this Chapter.  establishing self-help organizations by providing them
       chan robles virtual law library with necessary technical and financial assistance. 

CHAPTER VII Concerned government agencies and offices shall

POLITICAL AND CIVIL RIGHTS establish close linkages with organizations of the
       chan robles virtual law library disabled persons in order to respond expeditiously to
Sec.  29. System of Voting. — Disabled persons shall be the needs of disabled persons. National line agencies
allowed to be assisted by a person of his choice in and local government units shall assist disabled
voting in the national or local elections. The person persons in setting up specific projects that will be
thus chosen shall prepare the ballot for the disabled managed like business propositions.
voter inside the voting booth. The person assisting shall
To ensure the active participation of disabled persons in (b) Using qualification standards, employment tests or
the social and economic development of the country, other selection criteria that screen out or tend to screen
their organizations shall be encouraged to participate in out a disabled person unless such standards, tests or
the planning, organization and management of other selection criteria are shown to be job-related for
government programs and projects for disabled the position in question and are consistent with
persons.  business necessity;

Organizations of disabled persons shall participate in (c) Utilizing standards, criteria, or methods of

the identification and preparation of programs that administration that:
shall serve to develop employment opportunities for the
disabled persons.  (1) have the effect of discrimination on the basis of
disability; or chan robles virtual law library
TITLE III chan robles virtual law library
PROHIBITION ON DISCRIMINATION AGAINST (2) perpetuate the discrimination of others who are
DISABLED PERSONS subject to common administrative control.
chan robles virtual law library (d) Providing less compensation, such as salary, wage or
CHAPTER I other forms of remuneration and fringe benefits, to a
DISCRIMINATION ON EMPLOYMENT qualified disabled employee, by reason of his disability,
than the amount to which a non-disabled person
         chan robles virtual law library performing the same work is entitled;
Sec.  32. Discrimination on Employment. — No entity, chan robles virtual law library
whether public or private, shall discriminate against a (e) Favoring a non-disabled employee over a qualified
qualified disabled person by reason of disability in disabled employee with respect to promotion, training
regard to job application procedures, the hiring, opportunities, study and scholarship grants, solely on
promotion, or discharge of employees, employee account of the latter's disability; 
compensation, job training, and other terms,
conditions, and privileges of employment. The following (f) Re-assigning or transferring a disabled employee to a
constitute acts of discrimination:  job or position he cannot perform by reason of his
(a) Limiting, segregating or classifying a disabled job disability;
applicant in such a manner that adversely affects his
work opportunities; (g) Dismissing or terminating the services of a disabled
chan robles virtual law library employee by reason of his disability unless the employer
can prove that he impairs the satisfactory performance chan robles virtual law library
of the work involved to the prejudice of the business (2) first aid and safety personnel may be informed,
entity: Provided, however, That the employer first when appropriate, if the disability may require
sought to provide reasonable accommodations for emergency treatment;
disabled persons; 
(3) government officials investigating compliance with
(h) Failing to select or administer in the most effective this Act shall be provided relevant information on
manner employment tests which accurately reflect the request; and 
skills, aptitude or other factor of the disabled applicant
or employee that such tests purports to measure, rather (4) the results of such examination are used only in
than the impaired sensory, manual or speaking skills of accordance with this Act.
such applicant or employee, if any; and
CHAPTER II
(i) Excluding disabled persons from membership in DISCRIMINATION ON TRANSPORTATION
labor unions or similar organizations.            chan robles virtual law library
Sec.  34. Public Transportation. — It shall be
Sec.  33. Employment Entrance Examination. — Upon considered discrimination for the franchisees or
an offer of employment, a disabled applicant may be operators and personnel of sea, land, and air
subjected to medical examination, on the following transportation facilities to charge higher fare or to
occasions: refuse to convey a passenger, his orthopedic devices,
(a) all entering employees are subjected to such an personal effects, and merchandise by reason of his
examination regardless of disability;  disability.
chan robles virtual law library
(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, CHAPTER III
however, That: DISCRIMINATION ON THE USE OF PUBLIC
(1) supervisors and managers may be informed ACCOMMODATIONS AND SERVICES
regarding necessary restrictions on the work or duties        
of the employees and necessary accommodations;chan
robles virtual law library
Sec.  35. Public Accommodations and Services. — For (i) a park, zoo, amusement park, or other place of
purposes of this Chapter, public accommodations and recreation;
services shall include the following:
(a) an inn, hotel, motel, or other place of lodging, except (j) a nursery, elementary, secondary, undergraduate, or
for an establishment located within a building that post-graduate private school, or other place of
contains not more than five (5) rooms for rent or hire education;
and that is actually occupied by the proprietor of such
establishment as the residence of such proprietor; (k) a gymnasium, health spa, bowling alley, golf course;
chan robles virtual law library or chan robles virtual law library
(b) a restaurant, bar, or other establishment serving
food or drink; (l) other place of exercise or recreation. 

(c) a motion picture, theater, concert hall, stadium, or Sec.  36. Discrimination on the Use of Public
other place of exhibition or entertainment;  Accommodations. — (a) No disabled person shall be
discriminated on the basis of disability in the full and
(d) an auditorium, convention center, lecture hall, or equal enjoyment of the goods, services, facilities,
other place of public gathering;chan robles virtual law library privileges, advantages or accommodations of any place
of public accommodation by any person who owns,
(e) a bakery, grocery store, hardware store, shopping leases, or operates a place of public accommodation.
center, or other sales or rental establishment; The following constitute acts of discrimination:
(1) denying a disabled person, directly or through
(f) a bank, barber shop, beauty shop, travel service, contractual, licensing, or other arrangement, the
funeral parlor, gas station, office of a lawyer, pharmacy, opportunity to participate in or benefit from the goods,
insurance office, professional office of a health care services, facilities, privileges, advantages, or
provider, hospital or other service establishment; accommodations of an entity by reason of his
disability; 
(g) a terminal, depot, or other station used for specified chan robles virtual law library
public transportation; (2) affording a disabled person, on the basis of his
disability, directly or through contractual, licensing, or
(h) a museum, gallery, library or other place of public other arrangement, with the opportunity to participate
display or collection;  in or benefit from a good service, facility, privilege,
advantage, or accommodation that is not equal to that (d) Association — It shall be discriminatory to exclude
afforded to other able-bodied persons; and  or otherwise deny equal goods, services, facilities,
advantages, privileges, accommodations or other
(3) providing a disabled person, on the basis of his opportunities to an individual or entity because of the
disability, directly or through contractual, licensing, or known disability of an individual with whom the
other arrangement, with a good, service, facility, individual or entity is known to have a relationship or
advantage, privilege, or accommodation that is different association.
or separate form that provided to other able-bodied
persons unless such action is necessary to provide the (e) Prohibitions — For purposes of this Section, the
disabled person with a good, service, facility, advantage, following shall be considered as discriminatory:
privilege, or accommodation, or other opportunity that
is as effective as that provided to others;  (1) the imposition or application of eligibility criteria
that screen out or tend to screen out an individual with
For purposes of this Section, the term "individuals or a disability or any class or individuals with disabilities
class of individuals" refers to the clients or customers of from fully and equally enjoying any goods, services,
the covered public accommodation that enters into the facilities, privileges, advantages, or accommodations,
contractual, licensing or other arrangement. unless such criteria can be shown to be necessary for
chan robles virtual law library the provision of the goods, services, facilities, privileges,
(b) Integrated Settings — Goods, services, facilities, or accommodations being offered;chan robles virtual law
privileges, advantages, and accommodations shall be library
afforded to individual with a disability in the most chan robles virtual law library
integrated setting appropriate to the needs of the (2) a failure to make reasonable modifications in
individual.chan robles virtual law library policies, practices, or procedures, when such
modifications are necessary to afford such goods,
(c) Opportunity to Participate — Notwithstanding the services, facilities, privileges, advantages, or
existence of separate or different programs or activities accommodations to individuals with disabilities, unless
provided in accordance with this Section, an individual the entity can demonstrate that making such
with a disability shall not be denied the opportunity to modifications would fundamentally alter the nature of
participate in such programs or activities that are not the goods, facilities, services, privileges, advantages, or
separate or different. accommodations;
(3) failure to take such steps as may be necessary to TITLE IV
ensure that no individual with a disability is excluded, FINAL PROVISIONS
denied services, segregated or otherwise treated
differently than other individuals because of the Sec.  39. Housing Program. — The National
absence of auxiliary aids and services, unless the entity Government shall take into consideration in its national
can demonstrate that taking such steps would shelter program the special housing requirements of
fundamentally alter the nature of the good, service, disabled persons.
facility, privilege, advantage or accommodation being chan robles virtual law library
offered or would result in undue burden;  Sec.  40. Role of National Agencies and Local
Government Units. — Local government units shall
(4) a failure to remove architectural barriers, and promote the establishment of organizations of disabled
communication barriers that are structural in nature, persons in their respective territorial jurisdictions.
in existing facilities, where such removal is readily National agencies and local government units may enter
achievable; and  into joint ventures with organizations or associations of
disabled persons to explore livelihood opportunities and
(5) where an entity can demonstrate that the removal of other undertakings that shall enhance the health,
a barrier under clause (4) is not readily achievable, a physical fitness and the economic and social well-being
failure to make such goods, services, facilities, of disabled persons. 
privileges, advantages, or accommodations available
through alternative methods if such methods are Sec.  41. Support From Nongovernment Organizations.
readily achievable.chan robles virtual law library — Nongovernment organizations or private volunteer
organizations dedicated to the purpose of promoting
Sec.  37. Use of Government Recreational or Sports and enhancing the welfare of disabled persons shall, as
Centers Free of Charge. — Recreational or sports they, are hereby encouraged, become partners of the
centers owned or operated by the Government shall be Government in the implementation of vocational
used, free of charge, by marginalized disabled persons rehabilitation measures and other related programs and
during their social, sports or recreational activities. projects. Accordingly, their participation in the
chan robles virtual law library implementation of said measures, programs and
Sec.  38. Implementing Rules and Regulations. — The projects is to be extended all possible support by the
Department of Public Works and Highways shall Government. 
formulate the rules and regulations necessary to
implement the provisions of this Chapter. 
The Government shall sponsor a volunteer service (1) repatriation of investments; 
program which shall harness the involvement of private chan robles virtual law library
individuals in the provision of assistance to disabled (2) remittance of earnings; 
persons. chan robles virtual law library
(3) remittance of payments on foreign contracts; 
Sec.  42. Tax Incentives. — (a) Any donation, bequest,
subsidy or financial aid which may be made to (4) freedom from expropriations; 
government agencies engaged in the rehabilitation of
disabled persons and organizations of disabled persons (5) freedom from requisition of investment; chan robles
shall be exempt from the donor's tax subject to the virtual law library
provisions of Section 94 of the National Internal
Revenue Code (NIRC), as amended and shall be allowed (6) income tax holiday; 
as deductions from the donor's gross income for
purposes of computing the taxable income subject to (7) additional deduction for labor expense; 
the provisions of Section 29 (h) of the Code.
(8) tax and duty exemption on imported capital
(b) Donations from foreign countries shall be exempt equipment; 
from taxes and duties on importation subject to the
provisions of Section 105 of the Tariff and Customs (9) tax credit on domestic capital equipment;
Code of the Philippines, as amended, Section 103 of the
NIRC, as amended and other relevant laws and (10) exemption from contractor's tax; 
international agreements. 
(11) simplification of customs procedures; chan robles
virtual law library
(c) Local manufacturing or technical aids and
appliances used by disabled persons shall be
(12) unrestricted use of consigned equipment; 
considered as a preferred area of investment subject to
the provisions of Executive Order No. 226 otherwise
(13) employment of foreign nationals;
known as the "Omnibus Investments Code of 1987"
and, as such, shall enjoy the rights, privileges and
(14) tax credit for taxes and duties on raw materials; 
incentives as provided in said Code such as, but not
limited, to the following: 
(15) access to bonded manufacturing/traded warehouse the department or agency that has undergone the
system;  modification.

(16) exemption from taxes and duties on imported spare Sec.  44. Enforcement by the Secretary of Justice. — 
parts; and (a) Denial of Right
(1) Duty to Investigate — the Secretary of Justice shall
(17) exemption from wharfage dues and any export tax, investigate alleged violations of this Act, and shall
duty, impost and fee.  undertake periodic reviews of compliance of covered
entities under this Act.
Sec.  43. Continuity Clause. — Should any department (b) Potential Violations — If the Secretary of Justice has
or agency tasked with the enforcement or formulation of reasonable cause to believe that —
rules and regulations and guidelines for implementation (1) any person or group of persons is engaged in a
of any provision of this Act is abolished, merged with pattern or practice of discrimination under this Act; or 
another department or agency or modified, such shall chan robles virtual law library
not affect the enforcement or formulation of rules, (2) any person or group or persons has been
regulations and guidelines for implementation of this discriminated against under this Act and such
Act to the effect that — discrimination raises an issue of general public
(a) In case of abolition, the department or agency importance, the Secretary of Justice may commence a
established to replace the abolished department or legal action in any appropriate court. 
agency shall take-over the functions under this Act of
Sec.  45. Authority of Court. — The court may grant
the abolished department or agency. chan robles virtual law
library any equitable relief that such court considers to be
chan robles virtual law library appropriate, including, to the extent required by this
(b) In case the department or agency tasked with the Act:
enforcement or formulation of rules, regulations and (a) granting temporary, preliminary or permanent
guidelines for implementation of this Act is merged with relief; chan robles virtual law library
another department or agency, the former shall chan robles virtual law library
continue the functions under this Act of the merged (b) providing an auxiliary aid or service, modification of
department or agency.  policy, practice or procedure, or alternative method;
and 
(c) In case of modification, the department or agency
modified shall continue the functions under this Act of
(c) making facilities readily accessible to and usable by further deportation proceedings. chan robles virtual law
individuals with disabilities.  library

Sec.  46. Penal Clause. — (a) Any person who violates Sec.  47. Appropriations. — The amount necessary to
any provision of this Act shall suffer the following carry out the provisions of this Act shall be included in
penalties: the General Appropriations Act of the year following its
(1) for the first violation, a fine of not less than Fifty enactment into law and thereafter.
thousand pesos (P50,000.00) but not exceeding One
hundred thousand pesos (P100,000.00) or Sec.  48. Separability Clause. — Should any provisions
imprisonment of not less than six (6) months but not of this Act be found unconstitutional by a court of law,
more than two (2) years, or both at the discretion of the such provisions shall be severed from the remainder of
court; and  the Act, and such action shall not affect the
chan robles virtual law library enforceability of the remaining provisions of this Act. 
(2) for any subsequent violation, a fine of not less than
One hundred thousand pesos (P100,000.00) but not Sec.  49. Repealing Clause. — All laws, presidential
exceeding Two hundred thousand pesos (P200,000.00) decrees, executive orders and rules and regulations
or imprisonment for not less than two (2) years but not inconsistent with the provisions of this Act are hereby
more than six (6) years, or both at the discretion of the repealed or modified accordingly. chan robles virtual law
court.  library

(b) Any person who abuses the privileges granted herein

Sec.  50. Effectivity. — This Act shall take effect fifteen
shall be punished with imprisonment of not less than
(15) days after its publication in any two (2) newspapers
six (6) months or a fine of not less than Five thousand
of general circulation.
pesos (P5,000.00), but not more than Fifty thousand
pesos (P50,000.00), or both, at the discretion of the
 
court.  
chan robles virtual law library
(c) If the violator is a corporation, organization or any Approved: March 24, 1992
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