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Magna Carta For PWD (Act7277)

1,648 2016.12.03 12:06

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RA 7277 – Magna Carta for Disabled Persons

 

•     An act providing for the rehabilitation, self-development and self-reliance of disabled persons and their integration into the mainstream of society and for other purposes

•         rights and privileges of disabled persons:

•           equal opportunity for employment

•           access to quality education

•           National Health Program

•           Auxiliary Social Services

•           Telecommunications

•           Accessibility ( barrier-free environment)

•           Political and civil rights

 

BP 344 Accessibility Law

 

•         “An Act to Enhance the Mobility of Disabled Persons by Requiring Certain Building, Institution, Establishments, and Other Public Utilities to Install Facilities and Other Devices.”

 

SCOPE

–        Public and private buildings and related structures for public use and which shall be constructed, repaired or renovated.

–        Streets and highways and public utilities

•         Streets and highways

•         Public transport vehicles

•         Public telephones

–        Public transport terminals including those of LRTA

 

EO 240 – Declaring the Period from Year 2003 to 2012 as the Philippine Decade of Persons with Disabilities

 

•          Non-government organizations and self-help groups among persons with disabilities, as well as other organizations are hereby enjoined to take full cognizance of the National Plan of Action for the Decade of PWDs and to fully cooperate in the attainment of its goals and activities by gearing their policies and aligning their programs to said National Plan

 

EO 417 – Directing the Implementation of   the Economic Independence for  PWDs (Series of 2005)

 

•          All national government agencies including government owned and controlled corporations are enjoined to support and cooperate in the implementation  of the Economic Independence Program for PWDs

•            DSWD – shall develop and implement the national social preparation program that will deal on moral values and work ethics of entrepreneurs with disabilities

•            DepEd/CHED/TESDA – shall continually develop a system of equivalency to ensure PWDs’ access to employment and entrepreneruship

•            CDA – shall develop and implement programs to promote coop organizing and development among PWDs

 

EO 417 – Economic Independence Program

 

n       Markets for products and services of cooperatives of PWDS and other Organization of PWDs engaged in livelihood.

 

n       Accessible Work Center.

 

n       Capital for Livelihhod Programs.

 

Joint DBM-DSWD Circular No. 2003-01

 

n       Implementing guidelines for Section 29 of the General Appropriations Act for FY 2003 Entitled “ Setting Aside 1% of Government Agency Budget for Programs/ Projects Related to Senior Citizens and the Disabled ”.

n       IEC campaign/advocacy

n       Human Resource Development and Capability Building

n       Provision of Employment Opportunities

n       Protection and Safety Program

n       Group Home/Foster Home

n       Policy Development/Legislations

n       Researches

n       Other Programs/Projects/Activities/Services related to their respective mandates.

 

Office of the Persons with Disabilities Affairs (OPDA)
(General Assembly League of Cities of the Philippines
Resolution No. 2003-13)
(3rd Meeting of the members of the National Directorate of Municipalities of the Philippines –LMPND Resolution No. 011-2001)

 

n       Encouraging cities/municipalities to establish the OPDA

n       Monitoring of compliance with Accessibility Law

n       Implement the provision of the Magna Carta for Disabled Persons

n       Established data gathering for statistics of PWDs

n       Formulate and implement plans, programs and policies related to the promotion of the welfare of PWDs in coordination with concern national government agencies.

n       Establish production and livelihood sheltered workshops for PWDs.

 

 

REPUBLIC ACT 9442

Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand and six.

[ REPUBLIC ACT NO. 9442 ]

AN ACT AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE "MAGNA CARTA FOR DISABLED PERSONS, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

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, otherwise known as the "Magna Carta for Disabled Persons", with new Sections 32 and 33, to read as follows:

CHAPTER 8. Other Privileges and Incentives

SEC. 32. Persons with disability shall be entitled to the following:

(a) At least twenty percent (20%) discount from all establishments relative to the utilization of all services in hotels and similar lodging establishments; restaurants and recreation centers for the exclusive use or enjoyment of persons with disability;

(b) A minimum of twenty percent (20%) discount on admission fees charged by theaters, cinema houses, concert halls, circuses, carnivals and other similar places of culture, leisure and amusement for the exclusive use of enjoyment of persons with disability;

(c) At least twenty percent (20%) discount for the purchase of medicines in all drugstores for the exclusive use or enjoyment of persons with disability;

(d) At least twenty percent (20%) discount on medical and dental services including diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and blood tests, in all government facilities, subject to guidelines to be issued by the Department of Health (DOH), in coordination with the Philippine Health Insurance Corporation (PHILHEALTH)

(e) At least twenty percent (20%) discount 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;

(f) At least twenty percent (20%) discount on fare for domestic air and sea travel for the exclusive use or enjoyment of persons with disability;

(g) At least twenty percent (20%) discount in public railways, skyways and bus fare for the exclusive use and enjoyment of person with disability;

(h) Educational assistance to persons with disability, 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 persons with disability, including support for books, learning material, and uniform allowance to the extent feasible: Provided, That persons with disability shall meet minimum admission requirements;

(i) To the extent practicable and feasible, the continuance of the same benefits and privileges given by the Government Service Insurance System (GSIS), Social Security System (SSS), and PAG-IBIG, as the case may be, as are enjoyed by those in actual service;

(j) To the extent possible, the government may grant special discounts in special programs for persons with disability on purchase of basic commodities, subject to guidelines to be issued for the purpose by the Department of Trade and Industry (DTI) and the Department of Agricultural (DA); and

(k) Provision of express lanes for persons with disability in all commercial and government establishments; in the absence thereof, priority shall be given to them.

The abovementioned privileges are available only to persons with disability 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 persons with disability resides;

(II) The passport of the persons with disability 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 persons with disability claims a higher discount sa may be granted by the commercial establishment and/or under other existing laws or in combination with other discount programs/s.

 

The establishments may claim the discounts granted in sub-sections (a), (b), (c), (f) and (g) as tax deductions based on the net cost of the goods sold or services rendered: Provided, further, That the total amount of the claimed tax deduction net of value-added tax if applicable, shall be included in their gross sales receipts for tax purposes and shall be subject to proper documentation and to the provisions of the National Internal Revenue Code (NIRC), as amended.

SEC. 33. Incentives. - Those caring for and living with a person with disability shall be granted the following incentives:

(a) Persons with disability shall be treated as dependents under the Section 35 (A) of the National Internal Revenue Code, as amended and as such, individual taxpayers caring for them shall be accorded the privileges granted by the code insofar as having dependents under the same section are concerned; 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 home, residential community or retirement village.

SEC. 2. Republic Act No. 7277 is hereby amended inserting a new title, chapter and section after Section 38 be denominated as title 4, chapters 1 and 2 and Sections 40, 41 and 42 to read as follows:

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. 3. Section 46 of Republic Act No. 7277 is hereby amended to read as follows:

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 not less than Fifty Thousand pesos (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 "Disabled persons" shall likewise be amended to read as "persons with disability.

SEC. 5. The Department of Social Welfare and Development, the National Council for the Welfare of Disabled Persons, and the Bureau of Internal Revenue, in consultation with the concerned Senate and House committees and other agencies, organizations, establishments shall formulate implementing rules and regulations pertinent to the provision of this Act within six months after the effectivity of this Act.

SEC. 6. This Act shall take effect fifteen (15) days after its publication in any two newspapers of general circulation.

Approved,

(Sgd.) JOSE DE VENECIA JR.
(Sgd.) MANNY VILLAR

Speakier of the House of Representatives
President of the Senate

This Act which is a consolidation of Senate Bill No. 2580 and House Bill No. 1214 was finally passed by the Senate and the House of Representatives on February 8, 2007 and February 7, 2008 respectively.

 

 

 

 

 

IRR OF RA 7277

IMPLEMENTING RULES AND REGULATIONS of the Magna Carta for Disabled Persons (Republic Act No. 7277)

RULE I

DEFINITION OF TERMS

Abandoned – an abandoned disabled person is one who has no proper parental care or guardianship, or whose parents or guardians have deserted him for a period of at least six continuous months.

Abused – an abused disabled person is one who has been maltreated raped, or seduced, exploited and overworked or made to work under conditions not conductive to good health. He/She is made to be in the street or public places, and is exposed to moral danger.

Accreditation – means the Certification given by the Department of Health (DOH) and the Department of Labor and Employment (DOLE) recognizing the disability, skills, and qualifications of a disabled worker.

Adapted Physical Education – therapeutic application of physical education to rehabilitate learners with special needs whose functional deficiencies are amenable to improvement through exercise. Adapted physical education programs should be planned and implemented in coordination with psychological and medical services.

Affordable Cost – the lowest amount charged to a person that meets the criteria for affordability as determined under existing policies of the Department of Health.

Apprentice – means a worker who is covered by a written Apprenticeship Agreement with an individual employer.

Apprenticeable Occupation – means any trade, form of employment or occupation, which requires more than three (3) months of practical on-the-job training supplemented by related theoretical instruction.

Apprenticeship – means on-the-job practical training supplemented by related theoretical instruction.

Apprenticeship Agreement – means written employments contract in which the employer binds himself to train the apprentice in turn agrees to work for the employer.

Auditory Training – the producer of teaching persons with hearing impairments, to make full use of their residual ability.

Auxiliary - a. Offering, providing help, assistance or support b. Functioning in a subsidiary capacity; augmenting or available to augment a basis power, potential, or ability; supplementary

Auxiliary Aids and Services include:

  1. Qualified interpreters or other effective methods of delivering materials to individuals with hearing impairments;

  2. Qualified readers, taped tests, or other effective methods of delivering materials to individuals with visual impairments;

  3. Acquisition or modification of equipment or devices; and

  4. Other similar services and actions or all types of aids and services that facilitate the learning process of people with mental disability.

Auxiliary Social Services – are the supportive activities in the delivery of social services to the marginalized sectors of society.

Basic Medical Services – services rendered to disabled patients within the competence and capability of DOH health facilities which include health examinations, medical/surgical procedures, regular dental care and selected procedures, routine/special laboratory examinations, and ancillary procedures as required.

Cognitive Skills – refers to the ability to see, perceive, understand, and see the relationship between ideas and facts.

Commerce – shall be taken on mean as travel, trade, traffic, commerce, transportation, or level that use and build on the resources of the community, including the impaired disabled and handicapped persons themselves, their families, and their community as a whole.

Community-Based Rehabilitation -rehabilitation measures taken at the community level that use and build on the resources of the community, including the impaired, disabled and handicapped persons themselves, their families, and their community as a whole. Complete, Adequate and Integrated System of

Special Education – educational program that caters to various types of learners with special needs from preschool to tertiary levels and their formal or nonformal programs that are complementary mutually reinforcing and a comparable standards.

Covered Entity – means an employer, employment agency, labor organization or joint labor-, management committee.

Customized Vehicle – a vehicle manufactured, reconstituted or reassembled to suit the particular user according to his personal requirements, needs or desire.

Depot – an area where facilities for storing, classifying and sorting of goods/cargoes are provided. It may be a part or separate from the terminal and serves as a place for storing of the transport facility, fueling, clearing, inspection, and repair.

Disability – shall mean (1) a physical impairment that substantially limits one or more psychological, physiological or anatomical function of an individual or activities of such individual; (2) a record of such an impairment; or (3) being regarded as having such an impairment;

Disabled Gifted – persons who demonstrate superior performance capabilities in intellectual, creative, specific academic areas, leadership, or in the arts in spite of physical, sensory or psychosocial disabilities.

Disabled Persons – those suffering from restriction of different abilities, as a result of a mental. Physical or sensory impairment, in performing an activity in the manner or within the range considered normal for a human being.

Disabled Worker – means a worker whose earning capacity is impaired by mental, physical or sensory deficiency or injury.

Employment Agreement – means the contract of employment entered into between the employer and the disabled worker.

Formal Education – refers to hierarchically structured and chronologically graded learning organized and provided by the formal school system and for which certification is required in order for the learner to progress through the grades or moved higher level (P.B. 232 – Education Act 1982)

Fits/Seizures - a neurologic condition characterized by sudden loss of consciousness coupled with sudden uncontrolled movements.

Functional - Relating directly to everybody needs and interests; - Concerned with application in activity;
- Practical;
- Performing or able to perform its regular function

Handicap – refers to disadvantage for a given individual, resulting from an impairment or a disability, that limits or prevents the function or activity, that is considered normal given the age and sex of the individual.

Handicapped – a disadvantaged for a given individual, resulting from an impairment or a disability, that limits or prevents the function or activity, that is considered normal given the age and sex of the handicapped individual.

Impairment – is any loss, diminution or aberration of psychological, physiological, or anatomical structure or function. Income Producing Projects or Homework Schemes – means the work and services that a disabled person can adequately and preferentially do or provide in sheltered workshops or in about the disabled persons homes that will provide them the opportunity to earn a living and acquire a working capacity required in open industry.

Independent Living – the degree to which a disabled person is able to maintain himself independently in the community and in gainful employment.

Indigent – a disabled person whose level of income falls below the poverty threshold.

Learner with Special Needs – a person who differs significantly from the average learner in (a) mental characteristics; (b) sensory abilities; (c) neuromuscular or physical characteristics; (d) psychosocial characteristics; or has multiple handicaps or has chronic illness; and or has a developmental lag to such an extent that he requires modified or specialized instruction and services in order to develop to his maximum capability.

Learning Disabled – persons who, although normal in sensory, emotional and intellectual abilities, exhibit disorders in perception, listening, thinking, reading, writing, spelling, and arithmetic.

Learning Institution (LI) – any educational institution managed or owned by the government, a private individual, a corporation or any legal entity, which caters to children, youth and adults with special needs. A learning institution may be day or residential in nature and maybe based either in the home, hospital, school or community. Included here are rehabilitation agencies, sheltered workshops, day care centers and entities of similar nature.

Local Government Unit – refers to the municipality, city, and province or to any political subdivision of the national government as defined by law.

Marginalized Disabled Persons – refer to disabled persons who lack access to rehabilitative services and opportunities to be able to participate fully in socio-economic activities and who have no means of livelihood or whose incomes fall below the poverty threshold.

Mental Disability – disability resulting from organic brain syndromes (example: mental retardation, acquired lesions of the central nervous system, demenia) and mental illnesses (psychotic and non-psychotic disorders). Multi-handicapped – persons with more than one disability such as those with mental retardation-blindness mental retardation-orthopedic handicap, deafness-blindness and others.

Neglected – a neglected disabled person is one whose basic needs have been deliberately unattended or inadequately attended. As a result, the disabled person is either malnourished, ill clad or without proper shelter.

Non-formal Education – any unstructured educational activity which take place outside the established formal education system. It is designed to complement or extend as well as provide an alternative to the formal education.

Normalization – a principle in SPED where learners with special needs are provided with an educational and living environment as close as possible to what is ordinarily enjoyed by most people.

Orthopedically Handicapped – persons whose impairment interferes either permanently or temporarily, with the normal functioning of the joints, muscles or limbs. Persons with Autism – a developmental disability, having onset before 30 months of age, which is marked by disturbance in development, language and relationships with persons, activities and objects.

Persons with Behavioral Problems – those who cannot adjust to the socially accepted norms of behavior and, consequently, disrupt their academic progress, the learning efforts of their classmates, and interpersonal relations. Their emotional and social development is so seriously impaired that they cannot benefit from instruction in an ordinary class.

Persons with Hearing Impairment – those with auditory disabilities ranging from mild to profound hearing loss. Persons with Mental Retardation – those with significant sub-average general intellectual functioning which originates during the developmental period, existing concurrently with deficits in adaptive behavior like maturation, learning and social adjustment.

Persons with Visual Impairment – those with visual disabilities ranging from partial to total loss of vision. Physiatrist – a doctor of medicine with specialized training in rehabilitation medicine.

Prevocational Skills – refer to preparatory activities designed to equip the learner with readiness skills for formal vocational training.

Private Practitioner – Physicians, physiatrist, physical therapist, occupational therapist, speech therapist, psychologist, and other professionals engaged in private practice.

Program Modification – refers to any adjustments in the educational program and/or services for learners with special needs in order to facilitate their learning. Modifications and adjustments may be done in such aspects as classroom program, services and facilities, class schedule, curricular scope and sequence, teaching objectives, teaching strategies, instructional materials, facilities and equipment.

Psychosocial – comes from the words psychological and social; inter-relationship of the psychological aspects pertaining to the thoughts, feelings, reactions, behavior of a person with the social aspects pertaining to the situation circumstances, events, relationships, other people which influence or affect the person sometimes to the point of causing distress.

Public Transportation – means transportation by air, land and sea that provides the public with general or special service on a regular and continuing basis.

Public Transport Facilities – shall defined as utilities of public transport operators engaged in the transportation of passengers on land, air and water, with or without fixed route of any class or service. Facilities shall include, among others, the conveyances, terminals, and other areas where people converge to wait for such conveyances.

Qualified Individual with a Disability – shall mean an individual with disability who, with or without reasonable accommodations, can perform the essential functions of the employment position that such individuals holds or desires. However, consideration shall be given to the employer’s judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicant for the job, this description shall be considered evidence of the essential functions of the job.

Quality Education – a learning process that makes the individual a better person and prepares him to cope with rapid social change with appropriate skills and positive values leading to productive and meaningful life as responsible citizen.

Readily Achievable – means a goal can be easily attained and carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include –

  1. the natural and cost of the action;

  2. the overall financial resources of the facility of facilities involved in the action; the number of persons employed at such facility; the effect on expense and resources, or the impact otherwise of such action upon the operation of the facility

  3. the overall financial resources of the covered entity with respect to the number of its employees; the number; type and location of its facilities; and

  4. the type of operations of the covered entity, including the composition, structure and functions of the work force of such entity; the geographic separateness, administrative or fiscal relationship of the facility or facilities in question to the covered entity;

Reasonable Accommodations includes

  1. improvement of existing facilities used any employees in order to render these readily accessible to and usable by disabled persons; and

  2. modification of work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustments or modifications of examinations, training materials or company policies, rules and regulations, the provision of auxiliary aids and services, and other similar accommodations for disabled persons.

Rehabilitation - an integrated approach to physical, psychosocial, cultural, spiritual, educational, or vocational measures that create conditions for the individual to attain the highest possible level of functional ability. Research on Special Problems – studies conducted on special education and related aspects such as: (a) conducted curriculum for particular types of competencies, learners with special needs, (b) teaching strategies, (c) teachers’ competencies, (d) materials development, (e) nature and needs of particular types of learners with special needs, (f) assessment of learners with special needs, (g) programs and services and (h) adaptation in facilities and equipment. Sheltered Employment – means the provision of productive work for disabled persons through workshops providing special facilities, income-producing projects or home works schemes with a view of giving the disabled the opportunity to earn a living thus enabling them to acquire a working capacity required in open industry.

Sheltered Workshop – refers to the places with special facilities for disabled workers, where income producing projects or homework schemes are available for the disabled to earn a living and acquire a working capacity required in open industry.

Social Barriers – refer to the characteristics of institutions, whether legal, economic, cultural, recreational or other, any human group, community, or society which limit the fullest possible participation of disabled persons in the life of the group. Social barriers include negative attitudes, which tend to single out and exclude disabled persons and which distort roles and inter-personal relationships.

Special Class – refers to a class generally for one type of a learner with special needs organized within the regular school and taught by a SPED teacher.

Special Education (SPED) – the type of education specifically designed for learners with special needs who can not profit maximally from regular education such that they require trained personnel, modifications in the caracula, teaching methods, instructional materials and adaptations in facilities and equipment.

Special Education Needs – take the form of the need for one or more of the following: (a) the provision of special means of access to the curriculum through special equipments, facilities or resources, modification of the physical environment or specialized teaching techniques; (b) provision of a special or modified curriculum; (c) particular attention to the social structure and emotional climate in which education takes place (UNESCO), World Education Report, 1991)

Special Education Teacher – professionally trained educators teaching learners with special needS.

 
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