RIGHTS AND PRIVILEGES OF

PERSONS WITH DISABILITY

INTRODUCTION

Republic Act No. 7277 or the Magna

Carta for Disabled Persons (24 March
1992)
Republic Act 9442 (30 April 2007) or the
Magna Carta for Persons with Disability
Republic Act No. 10070 ( 6 April 2010)
Republic Act No. 10524 (23 April 2013)
Republic Act No. 10754 ( 23 March 2016)
INTRODUCTION

Republic Act No. 10754 ( 23 March 2016)

> DILG Memorandum Circular on RA 10754
(February 2, 2017)
> DOT MEMORANDUM CIRCULAR
NO. 2017 02 Series of 2017 (06 March
2017)
> REVENUE REGULATIONS NO.5-2017
(April 11, 2017)
> ADMINISTRATIVE ORDER No. 2017
0008 (June 01, 2017)
WHY ENACT THESE LAWS?

1. PWDs are part of the Philippine society

2. To foster the PWDs capability to attain a
more meaningful, productive and satisfying
life.
3. To facilitate integration of disabled persons
into the mainstream of society
- encourage respect for disabled persons.
- remove all barriers that are prejudicial to
PWDs
POINTS TO DISCUSS

Rights and Privileges

1. On Employment
2. On Health
3. On Accessibility
4. On Education
5. On Other Rights and Privileges
I. ON EMPLOYMENT

1. Equal Opportunity for Employment

(Section 1, RA 10524)

No person with disability shall be

denied access to opportunities for
suitable employment.
Qualified employee with disability =
Qualified able bodied person (
compensation, privileges, benefits,
fringe benefits, incentives or
allowances)
Definition: Qualified Individual with a Disability
-an individual with a disability who, with or
without reasonable accommodations, can
perform the essential functions of the
employment position that such individual
holds or desires

However, consideration shall be given to the

employers judgement as to what functions of
a job are essential
At least one percent (1%) of all positions in all
government agencies, offices or corporal ions
shall be reserved for persons with disability:
Provided, That private corporations with
more than one hundred (100) employees are
encouraged to reserve at least one percent
(1%) of all positions for persons with
disability.
Section 1 of the Implementing Rules and
Regulations of RA 10524:
1.1 Opportunity for suitable employment. xxx
Efforts shall be exerted to provide qualified
disabled persons equal opportunity in the
selection process based on qualification
standards prescribed for appointment to a
position.
 1.2 Discrimination in employment.
No individual or 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 and conditions of employment.
2. Vocational Rehabilitation (Section 9, RA
7277)
xxx The State shall take appropriate vocational
rehabilitation measures that shall serve to
develop the skills and potential of disabled
persons and enable them to compete
favorably for available productive and
remunerative employment opportunities in
the labor market.
The Department of Social Welfare and
Development shall design and implement
training programs that will provide disabled
persons with vocational skills to enable them
to engage in livelihood activities or obtain
gainful employment.
The Department of Labor and Employment
shall likewise design and conduct training
programs geared towards providing disabled
persons with skills for livelihood.
II. ON HEALTH

National Health Program (Section 18, RA 7277)

The Department of Health, in coordination with
National Council for the Welfare of Disabled
Persons, shall institute a national health program
which shall aim to attain the following:
(a). prevention of disability, whether occurring
prenatally or post-natally;
(b). recognition and early diagnosis of disability;
and
(c). early rehabilitation of the disabled.
Rehabilitation Centers (Section 19, RA 7277)

The Department of Health shall establish

medical rehabilitation centers in government
provincial hospitals, and shall include it
annual appropriation the necessary funds for
the operation of such centers.
 Health Services (Section 20, RA 7277)
xxx The National Government shall provide an
integrated health service for disabled persons
which shall include, but not limited to, the
following:
(a). prevention of disability through
immunization, nutrition, environmental
protection and preservation, and genetic
counselling; and early detection of disability
and timely intervention to arrest disabling
condition; and
(b). medical treatment and rehabilitation.
Section 3 in the Implementing Rules and
Regulations of RA 7277:

A. Department of Health
1. National Health Program for Disabled
Persons
2. Establishment of Medical Rehabilitation
Centers at the Provincial Level
3. Training of Personnel
B. Local Government Units
Allocate or construct a room to house the
Medical Rehabilitation Center within or
adjacent to the provincial hospital building
Provide adequate funding for the proper
maintenance and operation of the center;
Tap the services of local non-government
organizations, private practitioners and other
government agencies in the area, whenever
feasible.
Section 4B in the IRR of RA 7277:
Scope
The National Health Program for Disability
shall address health promotion, prevention,
early detection and rehabilitation of
disabilities/conditions, xxx
III. ON ACCESSIBILITY

Barrier-Free Environment
(Section 25, RA 7277)
The State shall ensure 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 places mentioned in Batas
Pambansa Bilang 344, otherwise known as
the Accessibility Law.
 Batas Pambansa Blg. 344 (26 July 1982)
An Act to Enhance the Mobility of Disabled
Persons by Requiring Certain Buildings,
Institutions, Establishments and Public
Utilities to install Facilities and Other Devices
Rule 1 in the Implementing Rules and Regulations of
BP 344:
3. Scope:
The provisions of these Rules and Regulations
shall apply to the following:
3.1 Public and private buildings and related
structures for public use and which shall be
constructed repaired or renovated.
3.2 Streets and highways and public utilities
(Public Transport Vehicles)
3.3 Public transport terminals including those of
LRTA
4. Application:
4.1 Public and private buildings and related
structures for public use.
No permit for the construction, repair or
renovation of public and private buildings and
related structures for public use, whether
owned or leased, shall be granted or issued,
unless the owner thereof shall have provided
in the places and specifications submitted for
approval barrier-free facilities and
accessibility
4.2.1 Streets, highways and transport related
structures to be constructed

barrier-free facilities and accessibility features

at every pedestrian crossing: ramps and other
accessible features in buildings of the Sectoral
offices and attached agencies of DOTC;
transportation terminals and passenger
waiting areas for use of disabled person
a) Cut-out curbs and accessible ramps at the
sidewalks.
b) Audio-visual aids for crossing
Access to Public Transport Facilities (Section
27, RA 7277)
The Department of Social Welfare and
Development shall develop a program to
assist marginalized disabled persons gain
access in the use of public transport facilities.
Such assistance may be in the form of
subsidized transportation fare.
IV. ON EDUCATION

*Access to Education (Section 12, RA 7277)

xxx
It shall be unlawful for any learning institutions
to deny a disabled person admission to any
course it offers by reason of handicap or
disability.
The State shall take into consideration the
special requirements of disabled persons in
the formulation of education policies and
program.
It shall encourage learning institutions to take
into account the special needs of disabled
persons with respect to the use of school
facilities, class schedules, physical education
requirements and other pertinent
consideration.
 Assistance to Disabled Students (Section 13,
RA 7277)
Financial assistance to economically
marginalized but deserving disabled students
pursuing post secondary or tertiary
education.
*scholarship grants, student loan programs,
subsidies, and other incentives to qualified
disabled students in both public and private
schools.
At least five percent (5%) of the allocation for
the Private Education Student Financial
Assistance Program shall be set aside for
disabled students pursuing vocational or
technical and degree courses.
Special Education (Section 14, RA 7277)
The State shall establish, maintain and
support a complete, adequate and integrated
system of special education for the visually
impaired, hearing impaired, mentally
retarded persons and other type of
exceptional children in all regions of the
country.
 Vocational or Technical and Other Training
Programs (Section 15, RA 7277)

The State provide disabled persons with

training in civics, vocational efficiency,
sports and physical fitness, and other skills.
State Universities and Colleges (Section 17, RA
7277)
They are responsible for:
(a) the development of material appliances and
technical aids for disabled persons;
(b) the development of training materials for
vocational rehabilitation and special education
instructions; and
(c) the research on special problems,
(d) the inclusion of the Special Education for
Disabled (SPED) course in the curriculum.
V. ON OTHER PRIVILEGES AND
INCENTIVES

Republic Act 9442 (enacted on 30 April 2007)

Section 1: A new chapter, to be denominated as
Chapter 8. Other privileges and Incentives is
hereby added to Title Two of Republic Act No.
7277.

* Section 32 and 33 were added in RA 7277

Section 32 of RA 7277
A. Entitling the PWDs to at least twenty percent
(20%) discount AND exemption from the
value-added tax (VAT) on the purchase of
certain goods and services from all
establishments for the exclusive use,
enjoyment, or availment of the PWD.
(as amended further by RA 10754)
 (1) On the fees and charges relative to the
utilization of all services in hotels and similar
lodging establishments; restaurants and
recreation centers;

(2) On admission fees charged by theaters,

cinema houses, concert halls, circuses,
carnivals and other similar places of culture,
leisure and amusement;
(3) On the purchase of medicines in all drugstores;
Except for over-the-counter (OTC) drugs, a doctors
prescription shall be presented for medicines and
food for special medical purposes

Purchase booklet
-shall be used to record the kind of OTC medicine
purchased, how many, when and where it was
purchased. Likewise, this shall help the
drugstores to monitor the last purchase made
for a certain medicine.
 Purchase booklet issued by the local
social/health office to PWDs containing the
following basic information: (PWD ID No.,
Name of PWD, Sex, Address, Birth Date,
Picture, Signature/Thumbark of PWD)

Information of medicine to be purchased

(such as name of medicine, quantity,
attending physician and his/her license
number, name of servicing drug store and
name of dispensing pharmacist
Authorization letter of the PWD who is residing
in the Philippines at the time of purchase,
currently dated and the identification card of
the authorized person or representative, in
case the medicine is bought by the
representative or caregiver of the PWD.
In cases wherein the PWD is a minor or mentally
or physically incapacitated to execute an
authorization letter, the parent or legal
guardian or representative shall be allowed to
make the purchase on behalf of the PWD,
upon proof of their valid identification card.
The name of the said guardian or
representative shall be indicated at the back
of the PWD ID and shall be the exclusive
representative of the PWD.
 (4) On medical and dental services including
diagnostic and laboratory fees such as, but not
limited to, x-rays, computerized tomography
scans and blood tests, and professional fees of
attending doctors in all government facilities,
subject to the guidelines to be issued by the
Department of Health (DOH), in coordination
with the Philippine Health Insurance
Corporation (PhilHealth);
 (5) On medical and dental services including
diagnostic and laboratory fees, and
professional fees of attending doctors in all
private hospitals and medical facilities, in
accordance with the rules and regulations to
be issued by the DOH, in coordination with
the PhilHealth;
 (6) On fare for domestic air and sea travel;

(7) On actual fare for land transportation

travel such as, but not limited to, public utility
buses or jeepneys (PUBs/PUJs), taxis, asian
utility vehicles (AUVs), shuttle services and
public railways, including light Rail Transit
(LRT), Metro Rail Transit (MRT) and Philippine
National Railways (PNR); and
(8) On funeral and burial services for the death of
the PWD: Provided, That the beneficiary or any
person who shall shoulder the funeral and burial
expenses of the deceased PWD shall claim the
discount under this rule for the deceased PWD
upon presentation of the death certificate.
Such expenses shall cover the purchase of casket or
urn, embalming, hospital morgue, transport of
the body to intended burial site in the place of
origin, but shall exclude obituary publication and
the cost of the memorial lot.
RA 10754: ON EDUCATION

B. Educational assistance to PWD, for them to

pursue primary, secondary, tertiary, post tertiary,
as well as vocational or technical education, in
both public and private schools, through the
provision of scholarships, grants, financial aids,
subsidies and other incentives to qualified PWD,
including support for books, learning materials,
and uniform allowance to the extent feasible:
Provided, That PWD shall meet the minimum
admission requirements;
RA 10754:ON EXPRESS LANES

E. Provision of express lanes for PWD in all

commercial and government establishments;
in the absence thereof, priority shall be given
to them.
TO AVAIL THE PRIVILEGES
PWD who are Filipino citizens upon submission
of any of the following as proof of his/her
entitlement thereto:
(i) An identification card issued by the city or
municipal mayor or the barangay captain of the
place where the PWD resides;
(ii) The passport of the PWD concerned; or
(iii) Transportation discount fare Identification
Card (ID) issued by the National Council for the
Welfare of Disabled Persons (NCWDP).
.
The privileges may not be claimed if the PWD
claims a higher discount as may be granted
by the commercial establishment and/or
under other existing laws or in combination
with other discount program/s
Section 33 of RA 7277
Incentives. Those caring for and living with a
person with disability shall be granted the
following incentives:
(a) Persons with disability who are within the
fourth civil degree of consanguinity or
affinity to the taxpayer, regardless of age,
who are not gainfully employed and chiefly
dependent upon the taxpayer, shall be
treated as dependents under Section 35(b) of
the National Internal Revenue Code of 1997,
(as amended by RA 10754); and
 (b) Individuals or nongovernmental
institutions establishing homes, residential
communities or retirement villages solely to
suit the needs and requirements of persons
with disability shall be accorded the following:
(i) Realty tax holiday for the first five years
of operation; and
(ii) Priority in the building and/or
maintenance of provincial or municipal
roads leading to the aforesaid institution
 Section 2 of RA 9442

Inserting a new Title, Section and Chapter in RA

7277

Title Four
Prohibitions on Verbal, Non-verbal Ridicule
and Vilification Against Persons with
Disability
 CHAPTER 1. Deliverance from Public Ridicule
SEC. 39. Public Ridicule. For purposes of this
chapter, public ridicule shall be defined as an
act of making fun or contemptuous imitating
or making mockery of persons with disability
whether in writing, or in words, or in action
due to their impairment/s.
SEC. 40. No individual, group or community
shall execute any of these acts of ridicule
against persons with disability in any time and
place which could intimidate or result in loss of
self-esteem of the latter.
 CHAPTER 2. Deliverance from Vilification
SEC 41. Vilification. For purposes of this
Chapter, vilification shall be defined as:
(a) The utterance of slanderous and abusive
statements against a person with disability;
and/or
(b) An activity in public which incites hatred
towards, serious contempt for, or severe
ridicule of persons with disability.
SEC. 42. Any individual, group or community is
hereby prohibited from vilifying any person
with disability which could result into loss of
self-esteem of the latter.
 SEC. 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 P50 K <=x<P1ooK or
imprisonment of 6mos.<=x<2 years ,
or both at the discretion of the court; and
(2) For any subsequent violation,
a fine of P100k <=x<P200K
or imprisonment for 2yrs<=x<6 years,
or both at the discretion of the court.
(3) Any person who abuses the privileges
granted herein shall be punished with
imprisonment of 6 mos.<=x
or a fine of 5K<=x<P50K
or both, at the discretion of the court.
(4) If the violator is a corporation, organization
or any similar entity, the officials thereof
directly involved shall be liable therefore.

(5) If the violator is an alien or a foreigner, he

shall be deported immediately after service of
sentence without further deportation
proceedings.
END