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THE MENTALLY DISABLED in PHILIPPINE SETTING: A Call for Equal Protection. A Critique on the Rights and Privileges Of Mentally Disabled Filipinos And Their Place in Philippine Health Laws
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Authored by:

Naomi Therese F. Corpuz University of the Philippines College of Law

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ABSTRACT

The research paper is a critique on the rights and privileges of the mentally disabled Filipinos. The paper starts with an introduction on the history of mental illness, how it is connected to the brain and how it is correlated to other physical illnesses. The paper also discusses, in terms of ranking as to importance viz-a-vis other disabilities, the place of mentally disabled Filipinos on Philippine Health Laws such as Republic Act 7277 also known as the “Magna Carta for Disabled Persons,” legislative policies issued by the Department of Health and the pending House Bill 6679 otherwise known as, “An Act for A National Mental Health Care Delivery System Establishing For The Purpose The Philippines Council for Mental Health And Appropriating Funds Therefore.” The research was done by conducting a survey on more than 90 respondent-psychiatrists by random sampling nationwide. The paper also discusses the Philippine Health Insurance (PhilHealth) which is the first and only social- based insurance in the country that is found, however, to be limited and unjust for the mentally disabled. This research also delves into the passive role of psychiatrists in legislative policies affecting their patients. It culminates with a conclusion and recommendations such as provisions of laws that can be amended and what the Department Health, private sectors and mental health professionals can do in furthering the rights and privileges of the mentally disabled Filipinos of the Philippines.

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THE MENTALLY DISABLED in PHILIPPINE Setting: A Call for Equal Protection. A Critique on the Rights and Privileges Of Mentally Disabled Filipinos And Their Place in Philippine Health Laws

I. II. III.

Introduction…………………………………………………………………………………….…………………………4 History of Mental Illness………………………………………………………………….…………………………5 Mental Illness Defined ..…………………………………………………………………….……………………...8 a. Common Mental Illnesses…………………………………………………………………..……………………..10 b. Connection to the Brain, Risk Factors and Correlation to Physical Illnesses..................12

IV.

Laws Affecting the Mentally Disabled………………………………………………………...……………..14 A. Republic Act 7277, otherwise known as Magna Carta for Disabled Persons………….….…14 B. DOH AdministrativeOrder No. 8 Series of 2001 and DOH Administrative Order No. 9 Series of 2007………………………………………………..………………………………………………….……….21 C. Amendment of Republic Act 7277 otherwise known as Magna Carta for Disabled Persons by Republic Act 9422 and DOH AdministrativeOrder No. 11 Series of 2009..…22 D. Pending House Bill No. 6679…………………………………………………………………………..………….25

V. VI. VII.

Philippine Health Insurance Coverage of the Mentally Disabled……………………………….26 Conclusion & Recommendations………………………………………………………………………………33 Bibliography…………………………………………………………………………………………….……………….35

ANNEX A – Survey Form For Psychiatrists………………………………………………………..……………………39 ANNEX B – Answers to Survey Form By Psychiatrists……………………………………….……………………42 ANNEX C – Republic Act No. 7277, Magna Carta for Disabled Persons…………………………………..59 ANNEX D – Republic Act No. 9244, An Act Amending Magna Carta for Disabled Persons………73

II. 2 CONST.B. Psychology. Even with pertinent documents that Maricar was willing to show as evidence to prove her mental illness. Though it can be argued by professors that there is what they call “academic freedom” . “You mean to tell me.D.4 THE MENTALLY DISABLED in PHILIPPINE Setting: A Call for Equal Protection. University of the Philippines (2003) 1 Interview with Maricar Estrella.” said a law professor to Maricar Estrella. A Critique on the Rights and Privileges Of Mentally Disabled Filipinos And Their Place in Philippine Health Laws* Naomi Therese F.. she said she already had a failing mark in an examination previously under a different law professor due to symptoms of the same illness. would she have been given consideration by her law professor? Maricar said in her interview that it is highly likely that she can be excused due to sore eyes or high fever as what happened to her other schoolmates but not due to a mental disorder. If other illnesses are given consideration. “the State shall protect and promote the right to health of the people and instill health consciousness among them2. Corpuz. I have prescriptions. What is mental illness in the first place? Why is it that the above-mentioned law professor did not believe it actually exists and that it adversely affects the studies of a student suffering from it? In an interview with Maricar Estrella. Corpuz** I. A Critique on the Rights and Privileges Of The Mentally Disabled Filipinos And Their Place in Philippine Health Laws (2013) **J. “I have clinical depression and anxiety disorder Sir. THE MENTALLY DISABLED in PHILIPPINE Setting: A Call for Equal Protection. the professor brushed it aside and instead made a sarcastic remark implying that she can skip an exam or class anytime she wants because of her mental illness.” put into place? Do not educators such as the law professor of Maricar violate this state policy of our basic law which is the supreme law of the land? Another question would be.that even illnesses cannot be excused – where then and how is the state policy found in our Philippine Constitution which states. When she experienced the same symptoms of her mental illness during the examination under a different law professor she did not want to take the same risk of failing another subject. I had anxiety attacks. University of the Philippines College of Law (2015 expected). you can skip an exam anytime you want?”1 With the professor’s response. Manila (May 30. it can be assumed that the latter was in doubt or did not understand what depression and anxiety disorder means. a law student from one of the prestigious law schools in the country. INTRODUCTION “If you will not give me a valid reason why you skipped the exam. I skipped the exam because I did not want to take the risk. lawstudent of one of the lawschools at the Univeristy Belt. hence she decided to skip the exam. if Maricar had another type of illness other than mental illness. why not a mental illness? *Cite as Naomi Therese F.” to which the professor replied. cum laude. 2012). Art. §15 . medical receipts and a medical certificate to prove it. Maricar Estrella responded. I will give you a failing grade.A.

Three hundred ninety years later5 this wrongful judgment was rectified in a resolution of the court where families of those who died were paid civil damages. Islam and Christianity. Salem was a community ruled by theocracy. LUZ CASIMIRO QUERUBIN & SONIA CASTRO RODRIGUEZ. such disorders are difficult to understand by those who don’t suffer from it because it cannot be perceived or seen by the naked eye. BEYOND THE PHYSICAL: THE STATE OF THE NATION’S MENTAL HEALTH REPORT) (2002). 7 in WHOAIMS (2007) 7 Robert Carson et. ABNORMAL PSYCHOLOGY AND MODERN LIFE 33 (2000).”7 Similarly.. Historically. Those who were possessed were defiled and discriminated against. HISTORY OF MENTAL ILLNESS The Crucible is a play written by well-known playwright Arthur Miller.” II. This is no different from the Philippines during the Spanish Era when Christianity was ingrained in the mindset of Filipinos for more than three hundred years. Massachusetts. The aim of this paper is to provide suggestions and recommendations and make known to all and sundry that persons with mental disabilities. it must be given at least the same or even more.al. hence. five out of six of which are Catholics.. advocacy and research in the Philippines and the global community. They were put to death based on the accusation of young women in Salem who were allegedly possessed. 4 ARTHUR MILLER. There is also unequal treatment when it comes to other rights and privileges i. “to be committed to the welfare of its members and to the advancement of mental health care. among others.”3 People with mental illnesses are discriminated against in various forms not only in education. it is reported that the Philippines embraced two great religions. in fact. Jesus was reportedly to have cured a man with an “unclean spirit” by transferring the devils that plagued him to a herd of swine.e.5 Patients with mental disorders have symptoms that only they themselves could feel. “Few appreciate that mental health is. became possessed and ran violently down a steep place in the sea. where the rule of the Church was also the rule of law in the 16th Century. 6 WHO and Department of Health-Manila. the matrix on which all health is built. where nineteen men and women and two dogs were convicted and hanged4. education. Report on Mental Health System in the Philippines. FINANCING HEALTH CARE: THE NATIONAL HEALTH INSURANCE SYSTEM (eds. in turn. Luz Querubin & Sonia Rodriguez. 5 Id at vii. who. claiming that these nineteen people with two dogs were engaged in witchcraft and bewitched them. in Matthew 10:1 MA. This research is also in consonance with the mission of the Philippine Psychiatric Association (PPA). persons afflicted with other illnesses are given more benefits even in legislative policies. In Mark 5: 1-13. have become highly prevalent and that they are real. Ma.6 The Christian bible accounts describe “possession” involved evil spirits. Considering the disease’s debilitating effects viz-a-vis other forms of illnesses. It is a story based on true to life accounts in 1602 at Salem. 3 . in terms of economic and insurance benefits under our health laws and aspects of education and labor. THE CRUCIBLE vii (1995).

holy waters and the like are not used to treat the mentally disabled. 14 See Querubin Supra at 49.10 which is still practiced not only in other countries but also the Philippines up to this day11. 16 Id at 50. does it mean to say they can never be treated without the intervention of medical psychiatry? Skepticism not only among Catholics but Filipinos in general abounds when it comes to medical science of psychiatry.15 In the early nineteenth century.6 “He called his twelve disciples to him and gave them authority to drive out evil spirits and to heal every disease and sickness. and mild forms of exorcism. visits to holy places. apart from witchcraft. there have been reports that many mentally disturbed people were accused of being witches and thus were punished and have been killed. Mass madness – was a widespread occurrence of group behavior disorders that were apparently cases of hysteria. To cure the mental illnesses they go to herbolarios (herbmen) or the church for exorcism and some patients who suffered in hysteria were even taken in boatrides only to be thrown to the river and if they escaped drowning.8 In Europe during the Middle Ages. Id at 37. BEYOND THE PHYSICAL: THE STATE OF THE NATION’S MENTAL HEALTH REPORT) (2002). The question here though.9 Management of the mentally-disturbed was left to the clergy during this Era where humane treatment was practiced. EXORCISM: ENCOUNTERS WITH THE PARANORMAL AND THE OCCULT 1207 (2006) 12 BALTAZAR REYES & CONSTANTINE DELLA.13 In the pre-Spanish Era. Whole groups of people were affected simultaneously while in rural areas were outbreaks of lycanthropy – a condition in which people believed themselves to be possessed by wolves and imitated their behavior. the evolution of treatment closely follows the path taken in Europe and America. they would be punished thru some misfortune or illness in the material world. sanctified ointments.17 Id at 39. Ma.” that included mental diseases. TREATMENT OF MENTAL ILLNESS IN THE PHILIPPINES: A HISTORICAL PERSPECTIVE (eds. Filipinos believed in spirits and if they defiled and violated the spiritual world. the touching of the relics. the breath or spittle of the priests. 11 Fr. In the Philippines. holy water. JOSE FRANCISCO SYQUIA. 13 Id at 2. mangkukulam (witches) and manggagaway (devilmen)14. This is due to our socio-cultural influences12. “Treatment” consisted of prayer.16 When the patients increased in number. especially to the Catholic Church which practices exorcism if these prayers. particularly the violent ones and those who committed crimes – were kept at the Carcel de Bilibid. Luz Querubin & Sonia Rodriguez. 10 Id at 38. 9 8 . some patients. patients’ illness is believed to be relieved. the first institution for the mentally-ill built in the Philippines was Hospicio de San Jose. mass madness and exorcism relate to abnormal behavior. while in the Spanish Era they believed in act of sorcery. In the Middle Ages. 15 Id.

Makati last July 28.19 In La Bicetre Hospital in Paris. little attention was paid whether they were adequately fed or to whether the food was good or bad. enforce their charity” (King Lear. they often kept them from being able to lie down at night. The more violent patients were exhibited to the public for one penny a look. and the more harmless inmates were forced to seek charity on the streets of London in the manner described by Shakespeare: “Bedlam beggars.21 However due to the intervention of community-based mental health care. iii). The monastery of St.”20 (Emphasis Supplied) Even today. Mary of Bethlehem in London was officially made into an asylum by Henry VIII18 but it became widely known for its inhumane treatment. Oftimes there were also iron hoops around the waist of the patients and both their hands and feet were chained. 21 nd Dr. and even the most elementary gestures of humanity were lacking. with roaring voices… Sometime with lunatic bans. Since little was known about nutrition. there have been reports that some mentally disabled Filipinos are incarcerated in their own homes. the patient remained in the midst of all the accumulated odor. 19 Id. speech delivered at. it can be similar or at least close to Western asylums that grew in number starting in the sixteenth century. Dusit Thani Manila. II. the 2 Asia Pacific Conference on Psychosocial nd th Rehabilitation in connection with the 22 Mid-year Convention and 27 Post graduate Court of the Philippine Psychiatric Association (PPA).7 There is no narrative account how the patients were treated in Carcel De Bilibid.22there have been a fortunate few who have been saved from these incarcerations and have been given the proper treatment since then. No one visited the cells except at feeding time. Supra Note 7. who. and the patients were presumed to be animals anyway. no provision was made warmth. however as the term de bilibid which means the prison implies it is not farfetched that the patients were treated like prisoners. 18 17 . The cells were furnished only with straw and never swept cleaned. Lourdes Ladrigo-Ignacio. “The patients were ordinarily shackled on the walls of their dark. 20 Id. 22 Id. sometime with prayers. Although these chains usually permitted enough movement that the patient themselves could feed themselves enough with their bowls. the chronically insane were treated like beasts. Id . 2011. unlighted cells by iron collars which held them flat against the wall and permitted little movement. at 41. Since the Philippines closely followed the history of Europe and America in treating mental illnesses. Carson.

Treatment centers started to flourish in the 1900’s such as the NPH (National Psychopathic Hospital) which is now the National Mental Health in Mandaluyong City.24 These treatment centers provided scientific and mechanistic approach. Many of these disturbances can be called ‘reactions by those rendered vulnerable to extreme life experiences like disasters. psychiatric treatment did not improve. was then introduced. the Philippine’s mental health still lag behind and way below the list of the government’s priorities. Supra Note 3. Today. Psychiatrists and clinical psychologists have increased through the years and even undergo further training abroad.inquirer. 30 Rina Jimenez David. which covers the period of American rule. 26 Querubin Supra at 53. health services and legislative policies which this paper aims to demonstrate.26 Lobotomy is the surgical treatment which involved severance of nerve fibers connecting the frontal lobes to the thalamus for the relief of some mental disorders. the science of determining which drugs alleviate which disorders and why they do so. 2012) 28 Querubin Supra at 54. III. MENTAL ILLNESS DEFINED People refer to the “mentally ill” who are “sirang-ulo” or insane.com/medical/lobotomy (last visited May 16. and individual and Carson. Supra Note 3. Dr. but this ended after World War II and Japanese domination.27 All these happened in the 1940’s but the most radical change that paved the way to many successful treatments was in 195328 – when psychopharmacology29. compared to other countries.8 The end of inhumane treatment to mentally disabled patients was not far from impossible.25 During the Japanese Occupation. feelings and behavior show disturbances which threaten the balance and stability of a person in his daily life. 29 Carson. Lourders Ignacio30 on the other hand explains “It is not just for the sirang-ulo” or insane.merriam-webster. At Large Not just for the ‘sirang ulo at http://opinion. However. at 42. In the late 18th century. and therapies for the mentally-ill. There was an upsurge of different forms of treatment and the first prefrontal and transorbital lobotomy were conducted in the country. start of scientific knowledge of mental illnesses burgeoned in the Philippines in 1892 – 1942. 25 Id. at G-17. hospitals in Europe and America were reformed and humanitarian treatment received great impetus from the work of Philippe Pinel in France. Ignacio clarifies that “to have a mental health problem may simply mean that one’s thoughts. The mentally disabled patients in regard to access to maintenance treatment are still highly marginalized especially when it comes to insurance. 2012). Philippine Psychiatry has paved a long way since the early age. 27 Wester’s Dictionary at http://www.23 As chains were removed and patients were allowed to go outdoors and treated with human kindness. but rather was even on a stalemate. Querubin Supraat 51.net/8977/not-just-forthe-%E2%80%98sirang-ulo%E2%80%99 (last visited November 22. 24 23 .

¶ 3. Major depression which is not tantamount to insanity or psychosis.sa.thefreedictionary. 36 Id. Major Depressive Disorder.com/articles/7-ways-to-ward-off-clinical-depression/ 35 Source: Government of Sourth Australia.gov. 32 31 .au/upload/franchise/Community%20Support/Disability/Information%20sheets%20%20Disability%20SA/Intellectual%20disability%20-%20mental%20illnessdual%20disability%20%28PDF%20140kb%29. becoming withdrawn or isolated.”31 Mental illness is not always about insanity. feelings of hopelessness and helplessness.9 community violence. self-hate. emotions or thinking which lasts a period of time from a few weeks or months to years. feelings of worthlessness. though a normal emotion of human beings. at http://halogentv. can be a mental illness if it becomes very severe until clinical.htm (Last visited: January 18. available at http://www. and guilt. 2013).36 In dictionary meaning. available at http://en. Department for families and communities. Lou Querubin. Several contributing factors mentioned in the manual include the following:  Chemical imbalances in the brain  Family history of mental illness  Stress  Drug and alcohol abuse  Psychosocial factors such as poor physical health.35 mental illness refers to those causing a major disruption to a person's behaviour. 2013). and by loss of interest or pleasure in normally enjoyable activities”32. dramatic change in appetite. 2012). Jun 20. 2011.gov/medlineplus/ency/article/000945. can still be considered a mental illness if it is characterized by “an all-encompassing low mood accompanied by low self-esteem. 33 Major Depression. Philippines.wikipedia.org/wiki/Mental_disorder (Last visited: November 26.pdf (Last visited: June 9. agitation. often with weight gain or loss. Davis. fatigue and lack of energy. Coupled with symptoms of “irritablity.wikipedia. 7 Ways to Ward off Clinical Depression. These episodes can come and go in a person's life. an attending psychiatrist at the Medical City in Manila. trauma and abuses. 2012). available at http://medical-dictionary.’ but others can be traced to difficulties and anxiety triggered by changing life circumstances. Depression for instance.34 According to a Disability Manual of the Government of Australia. Clinical major depression is a common mental illness that affects about 121 million people across the globe according to Dr.nlm.37 The recently published Diagnostic Statistical Manual-V (DSM-V) which will be published in 2013 Id. mental disorder on the other hand is used synoymously with mental illness. 37 The Free Dictionary.org/wiki/Major_depressive_disorder (Last visited: January 18. loss of interest or pleasure in activities that were once enjoyed”33 – are all indicators of major depression.com/mental+illness and Wikipedia. Intellectual Disability and Mental Illness (Dual Disability) available at http://www.nih. available at http://en. 34 Cara. restlessness.

Inc. Bipolar. religious. It affects approximately one in 100 people worldwide. It usually attacks people between the ages of 16 and 30. (one per cent of the population). or developmental processes underlying mental functioning. or sexual) nor a conflict that is primarily between the individual and society is a mental disorder unless the deviance or conflict results from a dysfunction in the individual. or behaviors that reflects a disturbance in the psychological. 2011).10 defines mental disorder38“as a health condition characterized by significant dysfunction in an individual’s cognitions.41 700 600 500 400 300 200 100 0 Psychiatric Disorders 653 587 Schizophrenia 613 571 555 460 482 510 400 423 386 Bipolar Major Depression Anxiety Disorder Addiction Dementia Personality Disorder Eating Disorder Somatoform Disorder Sleep Disorder Sexual Disorder Schizophrenia is “the most persistent and disabling of the major mental illnesses. The rationale why the terms “psychological” and “biological” are used is “to emphasize the inextricable links between the biological and the behavioral and psychological.g. as they are beginning to realize their potential.. biological. 41 Id.” (Emphasis Supplied).aspx?rid=465 (Last visited: October 22. 2011). the top five most common cases of mental disorders are Schizophrenia.”39 Common Mental Illnesses In a recent survey conducted among ninety-five psychiatrists. political. at Dusit Thani Manila. Major Depression. available at http://www.dsm5. Corpuz on Psychiatrist-Respondents of Philippine Psychiatric Association. . Makati City (July 28-30. (PPA). Some disorders may not be diagnosable until they have caused clinically significant distress or impairment of performance. Anxiety Disorder and Addiction40 Figure 1.org. 39 Id 40 Survey conducted by Naomi Therese F. emotions.org/ProposedRevisions/Pages/proposedrevision. A mental disorder is not merely an expectable or culturally sanctioned response to a specific event such as the death of a loved one. affecting men and 38 DSM5. Neither culturally deviant behavior (e.

worthlessness. tired and run-down Trouble falling asleep. which may affect both physical World Fellowship for Schizophrenia and Allied Disorders. worrying.47 Depression is sometimes called the "common cold" of mental health. 2012). available at http://www.worldschizophrenia. 43 Meeting of Minds. 48 Id. 46 Major Depression.49 Its symptoms50 are:            Despair and hopelessness Little motivation to complete even simple tasks Thoughts or attempts of suicide Low self-esteem and self-confidence Low energy levels. these mood swings include “highs” (mania). especially during depressive episodes. 44 Suicide attempts are common in bipolar disorder. The Bipolar Fact Sheet. While it is treatable with proper medication and therapy. or assume that others are reading and controlling their minds. 42 .”42People stricken with this disease may hear voices. 2012).com/article. because it is so common--nearly 10% of the population suffers from a depressive illness in any given year. nightmares. there is as yet no cure for schizophrenia. available at http://psychcentral. 49 Id.php?ArticleID=440(last visited May 17.org/disorders/schizophrenia. when they feel sad and hopeless. and “lows” (depression).com/lib/2009/bipolar-disorder-fact-sheet/Last visited: November 26. Both men and women can experience major depression. It can strike at any age. 50 Id. 2012). according to National Institute of Mental Health. when individuals feel either on top of the world or on edge.depressedtest.medobserver. 44 Margarita Tartakovsky M. according to the World Health Organnization. waking and can't fall back asleep Daily life is severely affected Loss of sex drive Loss of appetite Loss of interest in formerly pleasurable activities Symptoms last longer than two months Anxiety Disorder is a blanket term covering several different forms of a type of common psychiatric disorders characterized by excessive rumination.11 women almost equally. apprehension and fear about future uncertainties either based on real or imagined events. although it is most common in young adulthood. available at http://www. available at http://www.43 Bipolar Disorder is illustrated by severe mood swings that impair patients’ daily life and negatively affect their relationship.html(Last visited: November 26. 2012). uneasiness.S.48 It is the leading cause of disability in the US and worldwide. 45 Id. irritability.com/major_depression.45 Major Depression46is a mental health disorder which causes prolonged feelings of despair..html(Last visited: November 26. 47 Id. however the disorder is more common in women. and fatigue (see a more complete set of depression symptoms below). see objects that aren’t really there.

worry and fear are constant and overwhelming. available at http://science. available at http://www.org/wiki/Addiction(Last visited: November 26.htm (Last visited: November 26.gov/supplements/nih5/mental/guide/info-mental-b. 54 What is Addicition?. 2012). poor nutrition.webmd. social anxiety disorder.com/basics/addiction(Last visited: November 26. 58 Id.wikipedia. scientists have largely attributed it to the brain’s functioning.51 “It has many types which include panic disorder. Users may not be aware that their behavior is out of control and causing problems for themselves and others. or a neurological impairment leading to such behaviors. however. Risk Factors and Correlation to Physical Illnesses Mental Disorders do exist with scientific basis.54 Connection to the Brain. available at http://en. 2012). Though anxiety is a normal human emotion that everyone experiences at times. specific phobias. 55 Information about Mental Illness and the Brain. 2012). genetic and social factors. Apart from serotonin there could also be other changes in other neurotransmitters in the brain.wikipedia.12 and psychological health.59 Illnesses which most likely have a genetic component are autism. For instance the neurotransmitter serotonin levels of those with depression are lower than normal individuals. anxiety disorders.53 Addiction is a condition that results when a person ingests a substance (alcohol. They can cause such distress that it interferes with a person's ability to lead a normal life. available at http://www. 52 .58 These factors may also combine and interact that lead to mental illness.56 In schizophrenia. are different. 53 Addiction. obsessive compulsive disorder. and can be crippling. 56 Id.”52 Addiction is the continued use of a mood altering substance or behavior despite adverse dependency consequences. studies show that there are disruptions in neurotransmitters dopamine. glutamate and norepinephrine. For people with anxiety disorders. bipolar disorder and schizophrenia.60 51 Anxiety Disoder. even health. According to studies.com/anxietypanic/guide/mental-health-anxiety-disorders(Last visited: November 26. 2012). Environmental factors such as head injury.nih. 60 Id.psychologytoday. available at http://en. Most scientists believe that mental illnesses result from problems with the communication between neurons in the brain called neurotransmission55 and chemical compounds called neurotransmitters.57 Scientists have also identified the risk factors that make one mentally ill. Anxiety and Panic Disorders Health Center. post-traumatic stress disorder. cocaine. 57 Id. Some of these are environmental. 2012).education.org/wiki/Anxiety_disorder (Last visited: November 26. An anxiety disorder is a serious mental illness. nicotine) or engages in an activity (gambling) that can be pleasurable but the continued use of which becomes compulsive and interferes with ordinary life responsibilities. 59 Id. ADHD or attention deficit disorder. such as work or relationships. and generalized anxiety disorder. and exposure to toxins (including lead and tobacco smoke) can increase the likelihood of developing a mental illness.

61 . the free encyclopedia at http://en. blindness. 2012). focusing primarily on the chemical interactions with the brain. it is a sad state that despite studies and evidence that mental disorders are attributed to brain function there are still many who do not believe that there is a connection of emotions and feelings to the brain. thinking. 2011). Jercyl Leilani Demeterio. Inc. Jercyl Leilani Demeterio says that mental disorders are as debilitating as any form of illness affecting the person’s ordinary daily activities. 63 Psychopharmacology From Wikipedia. Mandaluyong City (August 6. sensation.66 This is a sad truth despite the fact that psychiatry is a specialty and a subject in the school of medicine. These drugs may originate from natural sources such as plants and animals.13 Mental Disorders can also be psychosomatic. 66 Interview with Dr. These drugs interact with particular target sites or receptors found in the nervous system to induce widespread changes in physiological or psychological functions. President.” is associated with other forms of disabilities. this field studies a wide range of substances with various types of psychoactive properties. Makati City (July 28. Past-PPA President. and behavior. cancer and many others.62 Psychopharmacology on the other hand only proves further that mental disorders have a connection with the brain.61 such factors that can be attributed to mental disorders.reference. and deafness among others but rarely is such term associated with mental illness. physical illnesses such as heart diseases. “the study of drug-induced changes in mood. if not correlated with.P.”64 However. Psychopharmacology is the “scientific study of the actions of drugs and their effects on mood. former Professor of Psychiatry of U. as emphasized by Dr. Constantine Della. 62 Interview with Dr. 64 Psychopharmacology.com/articles/p/psychopharmacology. or from artificial sources such as chemical syntheses in the laboratory. 65 Interview with Dr. (PPA). and behavior. available at http://dictionary. at the 2nd Asia-Pacific Conference on Psychosocial Rehabilitation in connection with the 22nd Mid-Year Convention and 27th Post Graduate Course of the PPA. available at http://www. 2011). 2012). Jercyl Leilani-Demeterio.”63 It is also defined as.org/wiki/Psychopharmacology (last visited May 17. past Philippine Psychiatric Association president.wikipedia. Quezon City (May 15. Dr. even relationships and even results to. Dictionary. 2012). Psychosomatic pertains to physical ailments that are caused by or notably influenced by emotional factors.sciencedaily. Dusit Thani Manila. former professor of U. Constantine Della. culture and traditions.com. Philippine Psychiatric Association. such as physical handicap. Jercyl Leilani Demetetrio65. College of Medicine and current private practioner at Cardinal Medical Santos Center. However. This is also an undesirable result and can be greatly attributed to our belief systems largely influenced by religion. College of Medicine and current psychiatrist at Cardinal Santos Medical Center. 2012).htm (Last visited: November 26. stroke. Mental Illness is a disability like any other form of disability. thyroidism.com/browse/psychosomatic (Last visited: November 26. thinking.P. the term “disability. as aptly explained by Dr.

pscj. social class.appstate. and their integration into the mainstream of society.69 however there is no single mental health legislation but only mental health policies such as Administrative orders issued by the Department of Health and a single Republict Act which is R. belief.edu/socialjustice/whatissocialjustice. Critique on Republic Act 7277. 7277. sick. (Emphases supplied) What does social justice mean in the first place? According to Matthew Robinson. race. The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods.html (Last visited January 14. A. location.” it is a provision which does not clearly pertain to mental disability or even to include mental disability among all forms of disabilities. “An Act Providing for the Rehabilitation. Family Code and Dangerous Drug Act.14 IV. Its Section 11 and Section 13 state: Section 11."67 Social justice is generally equated with the notion of equality or equal opportunity in society. . in conditions of social justice. Supra Note 6. The State shall endeavor to provide free medical care to paupers. LAWS AFFECTING THE MENTALLY DISABLED The two provisions of the Constitution which mention the term “disabled” are in Article XIII entitled Social Justice and Human Rights. nor their welfare and well-being constrained or prejudiced on the basis of gender.” This is otherwise known as the Magna Carta for Disabled Persons which provides rights and privileges of disabled persons under its Title II which are Matthew Robinson. women. According to WHO (World Health Organization). 2012). also known as the Magna Carta for Disabled persons that is not even specific to mental disabilities. religion. the laws that govern the provision of mental health services are contained in various parts of promulgated laws such as the Penal Code. elderly. sexuality. and children.A. 69 WHO and Department of Health-Manila. However though Section 13 emphasizes “priority for the needs of the disabled. political affiliations. otherwise known as Magna Carta for Disabled Persons Republic Act 7277 was approved on March 24. or other characteristic of background or group membership. What is Social http://www. socioeconomic circumstances. self-development. disability. 1992 entitled. health and other social services available to all the people at affordable cost. The State shall establish a special agency for disabled persons for their rehabilitation.(Emphases supplied) Section 13. Self-Development and Self Reliance of Disabled Persons And Their Integration Into The Mainstream Of Society And For Other Purposes.68 Social justice then is equal opportunity. 67 Justice?. 68 Id. age. Magna Carta for Disabled Person. disabled. and self-reliance. people are "not be discriminated against. There shall be priority for the needs of the underprivileged.

privileges. — 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. incentives or allowances as a qualified able bodied person. shall be granted or issued unless the owner or operator thereof shall install and incorporate in such building. institution or public utility. benefits. The national and local governments shall allocate funds for the provision of architectural facilities or structural features for disabled persons in government buildings and facilities. Section 5 of Title II states: Section 5. Section 1 states: Section 1. sports and recreation centers and complexes. fringe benefits. people with mental disability are marginalized in the real scenario and other people with illnesses are given more benefits. In order to promote the realization of the rights of disabled persons to participate fully in the social life and the development of the societies in which they live and the enjoyment of the opportunities available to other citizens. offices or corporations engaged in social development shall be reserved for disabled persons. shopping centers or establishments. Barrier-Free Environment.15 Equal Opportunity for Employment. In Chapter VI of Title II of R. repair or renovation of public and private buildings for public use. benefits. emergency and contractual positions in the Departments of Social Welfare and Development. establishment. public utilities. fringe benefits. Culture and Sports. A qualified disabled employee shall be subject to the same terms and conditions of employment and the same compensation. incentives or allowances as a qualified able bodied person. 25. 7277 Section 25. otherwise known as the "Accessibility Law. “A qualified disabled employee shall be subject to the same terms and conditions of employment and the same compensation. Health. and other government agencies. Five per cent of all casual. airports. Access to Quality Education. such architectural facilities or structural features as shall reasonably enhance the . Education. which states: Sec. Although these six are listed in the law with comprehensive descriptions and how they are adopted. National Health Program. work-places. though not apparent. Equal opportunity for employment. it implements Batasang Pambansa 344. Educational institutions. No disabled person shall be denied access to opportunities for suitable employment. privileges. public parking places.” Persons with physical disabilities could easily fit the term qualified disabled employee but not for the mentally disabled. Auxiliary Social Services.(Emphases Supplied). Telecommunications and Accesibility. As mentioned above.A. no license or permit for the construction. Batasang Pambansa 344.(Emphases Supplied).

Supra Note 65.72 If this is the case why does the DOLE not accept them with the same regulation as normal individuals? One reason for this is poverty. Jercyl Leilani Demeterio. establishments. Toward this end.16 mobility of disabled persons such as sidewalks. That in case of government buildings. Yet. or public utilities. International Review of Psychiatry. Apart from this there are still discriminations against mentally disabled particulary in employment and education. buildings. thus the State shall give full support to the improvement of the total well-being of disabled persons and their integration into the mainstream of society. (2004). Philippines mental health country profile. Interview with Dr. (Emphases Supplied) Again. Bernardo Conde of University of Santo Tomas. according to a noted psychiatrist Dr. It shall develop their 70 Dr.70 Any reapplication must be accompanied by psychiatric clearance. further. Although the Magna Carta For Disabled Persons in its policy. If feasible. notice the term “disabled persons” is used in the above-quoted provision but the cited law only benefits the physically disabled but not persons afflicted with mental illnesses. 166 Id. Jercyl Leilani Demeterio. or public utilities to be constructed or established for which licenses or permits had already been issued may comply with the requirements of this law: Provided. the Ministry of Public Works and Highways shall see to it that the same shall be provided with architectural facilities or structural features for disabled persons. ramps. states that: Sec. all such existing buildings. workers with mental illnesses can function as normal individuals. the State shall adopt policies ensuring the rehabilitation. Declaration of Policy — The grant of the rights and privileges for disabled persons shall be guided by the following principles: (a) Disabled persons are part of Philippine society. Overseas contract workers for instance. 2. With this regulation those who are afflicted with mental disorders have no opportunity of having greener pastures abroad to help their families but those with physical disabilities do since the latter do not have the same kind of regulation. with proper treatment or psychotherapy and medication. railings and the like.71 This regulation of the Department of Labor and Employment (DOLE) is unfair and a total violation of social justice. institutions. the owner or operator shall reserve sufficient and suitable space for the use of disabled persons. prior to departure. In the case of the parking place of any of the above institutions. Bernardo Conde. according to Dr. street and highways. or establishment. 71 72 . selfdevelopment and self-reliance of disabled persons. must undergo neuropsychiatric screening and those found with symptoms of mental distress and symptoms are not certified to leave for overseas employment.

73 . 74It revealed that 0. Not all Filipinos afflicted with mental disabilities can afford to have the maintainance treatment and medication. community and all government and nongovernment organizations. the rehabilitation services and benefits shall be expanded beyond the traditional urban-based centers to community based Programs.75 The policy of the Magna Carta cited above which states that (a) the State shall give full support to the total well-being of the disabled. Disabled persons' rights must never be perceived as welfare services by the Government. This finding was supported by a more recent data from the social weather survey commissioned by the Department of Health(DOH) in 2004. National Program Coordinator. Philippines (March 30. are not fully enforced because of the miniscule budget alloted by the Government to mental health. that will ensure full participation of different sectors as supported by national and local government agencies.7% of the total household have a family member afflicted with mental disability. 74 Id. In the Philippines alone. Department of Health.000 populations and was highest among the elderly group. productive and satisfying life. Nelson Mendoza. (c) The rehabilitation of the disabled persons shall be the concern of the Government in order to foster their capacity to attain a more meaningful.73 Prevalence rate of mental disorders were 88 per 100. (b) Disabled persons have the same rights as other people to take their proper place in society. This must be the concern of everyone — the family. To reach out to a greater number of disabled persons. productive and satisfying life. 2012). Interview with Mr. (b) Disabled persons have the same rights as other people to take their proper place in society. They should be able to live freely and as independently as possible. a disability survey done in 2000 by the National Statistics Office (NSO) found out that mental illness was the third most common form of disability. (c) The rehabilitation of the disabled persons shall be the concern of the Government in order to foster their capacity to attain a more meaningful. 75 Id.17 skills and potentials to enable them to compete favorably for available opportunities. National Mental Health Program and Degenerative Disease Office. xxx (Emphases Supplied).

Of all expenditures on mental health.62 *237 (58%) of the Psychiatrists practice in the NCR 76 77 Id. the cost of antipsychotic medication is 0.18 Figure 2.08 – 0.91 – 0.372 – 0. Id.42 – 0. 78 Id.08 – 1.46% and antidepressant medication is 11. The percentage of the population that has free access to psychotropic medication is unknown. 95% are spent on the operation.76 The Philippine Government only gave 5% of its DOH budget to the National Mental Health Program where only 5% of which are for health care expenditures by the government health department directed towards mental health. # of Mental Health Workersper 100.14 – 0. .78 There is also a scarce resource of Mental Health Workers.4% of the minimum daily wage.000 pop  Psychiatrists*  Nurses  Psychologists  Social Workers  Occupational Therapists  Others 412 769 119 74 72 1. maintenance and salary of the personnel of mental hospitals. In a study conducted by World Health Organization in 2007: Figure 3.77 For those that pay out of pocket.

82 Department of Health Administrative Order No. ADHD (Attention Deficit Disorder). 9 (2007). making medical treatment from health therapists our of reach to patients from provinces and far-flung barrios. The majority of mental health facilities are still located in the National Capital Region. a majority of 237 of them are based in the National Capital Region. In a World Health Organization Report of 2007. . especially higher learning institutions of auxiliary services that will facilitate the learning process for disabled persons. Supra Note 40 Id. Supra Note 65. 7277: Sec. clinical depression and anxiety disorders among others. 81 Interview with Dr. and other pertinent consideration. 12. Jercyl Leilani Demeterio. favoring those living near the main cities.A. access to mental healthfacilities is uneven across the country. Nelson Mendoza. more than 150 million people suffer from depression at any point in time and nearly 1 million commit suicide every year. As any other mentally disabled patient. If railings and ramps are built for students with physical handicap. is there no special treatment that can be given to mentally disabled students? Some authorities.19 Out of 412 Psychiatrists in the Philippines. — xxx The State shall take into consideration the special requirements of disabled persons in the formulation of educational policies and Programs. (Emphases Supplied).79 Hence. What this “pertinent consideration” of the above-cited provision means though is not specific. class schedules. The State shall also promote the provision by learning institutions.82 Special considerations though are given to disabled students that are categorically stated in Section 12 of Title II of R. the introduction of this paper is an example of what a student with mental disability ordinarily experiences in school. It shall encourage learning institutions to take into account the special needs of disabled persons with respect to the use of school facilities. Apart from this. a student also suffers from schizophrenia. Legislators must specify the meaning of “pertinent consideration” or at least the National Mental Health Program of the Department of Health must make a separate Implementing Rule and Regulation 79 80 Interview with Mr. Access to Quality Education.81 A mentally disabled student must be given considerations similar to students with physical disabilities. bipolar disorder. physical education requirements. but as previously discussed in this paper – mental disabilities are as debilititating as any form of illness that can even lead to death. particularly professors and instructors find this questionable since most have the impression that mentally disabilities are not life-threatening.80 In education on the other hand.

particularly of the visually-impaired. hearing-impaired. and multi-handicapped and others. Supra Note 65. In fact there are persons with mental disabilities with superior intelligence which is the total opposite of mentally retarded persons. The provision makes use of the term “mentally retarded” which only includes those pupils and students with “subaverage intelligence and impaired adaptive functioning. Culture and Sports shall establish. Xxx (Emphases Supplied). mentally retarded. xxx (Emphases Supplied). Although Chapter II on Education of R. and orthopedically-impaired students. Toward this end. Jercyl Leilani Demeterio. 17. orthopedicallyimpaired students. 14. the Department of Education.A. and multi-handicapped” but there is no mention of mentally disabled persons. Special Education. State Universities and Colleges. Mental Retardation is only one ofthe kinds of mental disabilities. or municipalities. and Section 17 for State Universities and Colleges: Sec. and (d) inclusion of the Special Education for Disabled (SPED) course in the curriculum. She said that the Government must 83 Mental Retardation. speech-impaired. Braille and Record Libraries in provinces. special education classes in public schools in cities. hearing-impaired. 14. hearing impaired. and the elimination of social barriers and discrimination against disabled persons.com/article/1180709-overview (Last visited: January Interview with Dr.medscape. adequate and integrated system of special education for the visually impaired. — If viable and needed. maintain and support complete. the State University or State College in each region or province shall be responsible for (a) the development of material appliances and technical aids for disabled persons. — The State shall establish. a bipolar patient and a physical therapist student of University of Santo Tomas with superior intelligence. cities or municipalities. 2013). It shall also establish. http://emedicine. 84 . mentally retarded. (c) the research on special problems. (b) the development of training materials for vocational rehabilitation and special education instructions. mentally retarded persons and other types of exceptional children in all regions of the country. A sound suggestion was made by Carla Laforteza. where viable.”83 However mental retardation is not synonymous to mental disability. speech-impaired. 7277 has a specific provision on Special Education which states: Section.20 for Schools with mentally disabled patients that will specifically describe these pertinent considerations and mandate such schools to implement such rules.84 Section 12 and Section 17 of Title II of Magna Carta for Disabled Persons are discriminatory as it only provides privileges to the “visually-impaired.

Information System. lawyer or inhibit them from finishing other courses they want to pursue. To emphasize. professional associations. 8 entitiled the“National Mental Health Policy”(AO 08-01) was signed on April 5. Collaboration and Partnership. the local government units. a special class that is segregated can be created solely for them. such as the common major illness of clinical depression.The schools can hire certified psychiatirists and clinical psychologists. the policy identifies twelve policy statements which are Leadership. The beauty of this AO 09-07 is that it covers the Department of Health including its attached agencies. One of the implementing mechanisms of AO 09-07 is a management structure. Such structure necessitates institutionalization of a functional management structure that sets mental health stakeholders into committees and teams: the National Program Management Committee (NPMC). mental and brain disorders and disabilities. In its objective. faith-based organizations. 9 Series of 2007 AdministrativeOrder No. school rules and regulations can be adjusted accordingly and not prevent a student from becoming a doctor. social justice as mentioned earlier is equal opportunity .health. the 85 Interview with Carla Laforteza. DOH formulated AO 08-01 which prescribed the national policy framework towards the attainment of a good state of health for all Filipinos. including governmentowned and controlled corporations. These schools and/or special classes can be regulated and monitored by these certified psychiatrists and clinical psychologists to determine the veracity and gravity of the illness of the student-patient from time to time and assess their capacity to learn. It also includes public and private sectors such as national agencies. 2012). civil society and international development agencies whose activities contribute to the improvement of the state of mental health of the Filipino people. .” designed to provide policy guidelines and procedures for establishing mental health program at the national and local levels. media. When this was realized by the Department of Health. Mental Health Care. Stability and Sustainability. it states that the National Mental Health Policy shall be pursued through a National Program strategy prioritizing the promotion of mental health.21 create special schools for the mentally disabled85 – those suffering not only of mental retartdation but all types of mental disorders. Although AO 08-01 have valuable goals and objectives – there is a problem in the implementation of its planned mental health strategy since there are no specific and designated agencies. Physical Therapist Student of University of Santo Tomas (November 13. 9 Series of 2007(AO 09-07)entitled “Operational Framework for the Sustainable Establishment of a Mental Health Program. Equity. it took though 6 years to adopt another Administrative Order which is Administrative Order No. Standards for Quality Mental Health Services. Human Resource Development. academe. Its objective is to provide guidelines for stakeholders in the government and private sector on the development and implementation on the National Policy on Mental Health through plans and programs. To implement this strategy. From these assessments. Health Service Delivery System. Though it is difficult to establish special schools for courses such as medicine and law.a policy of the Constitution that our State must uphold. B. 8 Seriesof 2001 and DOH AdministrativeOrder No. Legislation and Monitoring and Evaluation. NGO’s or groups that can help such goals and objectives to materialize. Empowerment and Participation. The mental health strategy of the policy is to improve mental health and integrate services for people with mental disorders. protection of the rights and freedoms of persons with mental diseases and the reduction of the burden of the consequences of mental ill. non-government organizations and other devolved health services. DOH AdministrativeOrder No. 2001 by former Department of Health (DOH) Secretary Manuel Dayrit.

Other Privileges and Incentives" is hereby added to Title Two of Republic Act No. cinema houses. the Regional Mental Health Teams ((RMHT).22 Program Development and Management Teams (PDMT). with new Sections 32 and 33. it does not mean it does not have loose ends. to be denominated as "Chapter 8. “An Act Amending Republic Act No. If such LGUs do not follow the flow of the mechanism then the goals and objectives of AO 09-07 is put to naught. Although the beauty of this management structure is the devolution of responsibilities from the national level to the ground level. A new chapter. and For Other Purposes Granting Additional Privileges and Incentives and Prohibitions on Verbal. the opportunity to participate fully into the mainstream of society by granting them at least twenty percent (20%) discount in all basic services. to read as follows: "CHAPTER 8.A.” It is the objective of Republic Act No. 32. 9422 states: SECTION 1. and the Local Government Units for Mental Health (LGUTMH). 11 Series of 2009 During the term of former President Gloria Macapagal Arroyo. carnivals and other similar places of culture. concert halls. Other Privileges and Incentives "SEC. 7277. In fact. Republic Act No. restaurants and recreation centers for the exclusive use or enjoyment of persons with disability. 7277. . (b) A minimum of twenty percent (20%) discount on admission fees charged by the theaters. are actively involved in Department of Health’s Mental Health Programs. which is the group nearest to the people. Non-Verbal Ridicule and Vilification Against Persons with Disability. 9442 to provide persons with disability. otherwise known as the "Magna Carta for Disabled Persons". Once one of the committees or teams will not perform its designated job. circuses. Section 1 of R. 9422 was enacted entitled as. leisure and amusement for the exclusive use or enjoyment of persons with disability. the LGUs are not mandated to follow this mechanism of management structure of AO 09-07. C. Otherwise known as the Magna Carta for Persons with Disability as Amended. 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. the mechanism of the management structure becomes futile considering for instance that not all Local Government Units (LGUs). Amendment of Republic Act 7277 otherwise known as Magna Carta for Disabled Persons by Republic Act 9422 and DOH AdministrativeOrder No.

a person with disability must present his//her identification card issued by the National Council on Disability Affairs (NCDA) or by the Local Government Units (LGUs) where he/she resides. Under this Order. In relation to Republic Act 9422. (e) At least twenty percent (20%) discount on medical and dental services including diagnostic and laboratory fees.23 (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. (g) At least twenty percent (20%) discount in public Railways. a purchase booklet issued by the LGUs to persons with disabilities for free shall be presented every time a purchase of medicine is made. 9422. although a mentally disabled can avail of a discount in in public railways. Although Republict Act 9422 is a big step in alleviating the financial burden of PWDs.A. (d) At least twenty percent (20%) discount on medical and dental services including diagnostic and laboratory fees such as.’ for the provision of medical and related discounts and special privileges. (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. Otherwise Known as ‘An Act Amending Republic Act 7277. skyways and bus fare or in purchasing medicines there is an undeniable fact that there is a stigma attached to persons with mental disablity while there is none to those who 86 87 National Council for Disability Affairs. otherwise known as Magna Carta for Persons. Id. and for other Purposes. 1. 9 Series of 2011 (AO 09-11) entitled. Series of 2008. skyways and bus fare for the exclusive use and enjoyment of persons with disability. subject to guidelines to be issued by the Department of Health (DOH).86 In addition. Under the law. the objective is to prescribe procedures and guidelines for the implementation of the 20% discount in all health related services of Persons with Disabilities (PWDs). it is not without any disadvantage to persons with mental disability. but not limited to x-rays. in accordance with the rules and regulations to be issued by the DOH.87 Hence. .” which is an order issued to support the Implementing Rules and Regulations of R. and professional fees of attending doctors in all private hospitals and medical facilities. in coordination with the PHILHEALTH. “Guidelines to Implement the Provisions of Republic Act 9422 . in all government facilities. in coordination with the Philippine Health Insurance Corporation (PHILHEALTH). computerized tomography scans and blood tests. The Department of Health adopted Administrative Order No. to avail of the discount. Xxx(Emphases Supplied). Administrative Order No. there are seven (7) types of basic services cited above where persons with disability can avail of atleast twenty percent (20%) discount.

three of the pharmacists told her. It is best if the legislators of R. Interview with Mrs. with non. 9244 §2 (2007). Non-verbal Ridicule and Vilification Against Persons With Disability”90 and its penal clause91. 2012). 7277 otherwise known as the Magna Carta for Disabled Persons of 2007 (hereinafter “R. 9422? YES 58 NO 37 Do you think you need to know more about the Magna Carta for Disabled Persons? 90 5 In a recent survey. “sirang ulo. 7277 Magna Carta for Disabled Persons as amended by R. “Drug addict ka ano?” (You are a drug addict aren’t you?). Survey on 95 Psychiatrist-Respondents92 Have you heard of R. 90 of the 95 respondents are ignorant of the contents of the said law. in the experience of Perlas Reodica. 9422 is the discounted professional fees in private health facilities for in-patient and outpatient medical. a sedative for her anxiety disorder with her PWD identification card in a known drugstore in Sta. 9422 and NCDA have thought of a different term instead of “Person With Disability (PWD)” that will not identify the patient. Another problem caused due to poor dissemination of information of R.A. If an illness of a patient is not apparent. 92 Survey conducted by Naomi Therese F. This is known as the Amendment to R. 9422) 91 §3. Corpuz. Act. or “Persons With Special Discounts” are terms that can be used for instance that will not identify the patient to be suffering with any form of mental disability. Mesa.”88 though a mentally disabled patient with a PWD identification card is not insane or “sirang ulo” per se.” Infact a mother of an autistic child said that she does not want to avail of the PWD identfication card because she doesn’t want anybody to identify that her daughter is. 89 88 .A. how can the patient avail of its twenty percent discount from her doctor if her own physician is not aware of the said law? This is also shows the passive role of psychiatrists in legislation who must keep themselves abreast not only of the latest in medicine but also of laws affecting their patients. Also.A. Supra Note 40. Interview with Perlas Reodica. it is inevitable that one of the assumptions of the persons seeing a PWD identification card is that the patient who owns the card has a mental disability which he can possibly identify as “sirang ulo. 2012).24 are suffering from other illnesses. No. dental. patient with anxiety disorder (November 12. Figure 4.A. 9422 particularly “Prohibitions on Verbal. and other health care professional services where the corresponding physician or dentist must issue a corresponding official receipt.89 This experience only shows the discrimination and ridicule that the PWD identification card can cause to a mentally disabled patient. No. 90 Rep. when she bought the generic medicine Clonazepam. “Persons With Discounts”.A. Manila. Gene Lesaca. mother of a a 10 year old autistic child (October 7.apparent illness. This also shows that there is a need for a wider dissemination of information of R.A. in any way to be suffering from mental disability. If this is the case. although 58 out of 95 psychiatrist-respondents have heard of the Magna Carta for Disabled Persons.A.

donor organizations. treatments and other essential services to every Filipino with mental illness and or disability. Pena. medical and other attached agencies. The Department of Health though seems to forget that the National Program Management Committee (NMPC) that they created is not only focused on mental health but also other areas of health.” was introduced by Representatives Prospero C. facilities.wikispaces. However. Nelson Mendoza. the bill has remained pending. Supra Note 73. In the Department of Health’s position paper on this bill. concerns and efforts through the formulation and implementation of the National Mental Health Care Delivery System stated in Section 5 of the bill. Pending House Bill No. the probability of passing the bill into a Republic Act is nil since our very own Department of Health (DOH) is not supportive of the idea of creating a National Management Committee for Mental Health. D. “An Act for A National Mental Health Care Delivery System Establishing For The Purpose The Philippines Council for Mental Health And Appropriating Funds Therefore. cochaired by the Director IV of the National Center for Disease prevention and Control and composed of mental health advocates from central regional DOH units.25 The downside however. local government units. they would be inclined to jack up their prices. rational and unified response to mental health problems.93 This bill will also establish a "National Mental Health Care Delivery System" and the "Philippine Council for Mental Health.95 The salient feature of this bill is the establishment of the National Management Committee for Mental Health to provide for a coherent. it said that it cannot support the establishment of the Philippine Council for Mental Health (which refers to the National Management Committee for Mental Health) since there is already an existing National Program Management Committee (NMPC) in the DOH as per Administrative Order No. 96 Interview with Mr. 95 Id. hospital. media. Nograles and Arthur Y.96 We need a committee that will solely focus on mental health which is one of the objectives of House Bill 6679. 93 . the academe. Representive Nograles and Pingoy introduced the bill since mental health programs. Mental Health and Mental Illness in the Philippines at http:// http://mentalhealthph. 94 Id. 9 Series of 2007. projects and services are not evenly distributed in the country.94" It also aims to enact a national mental health policy and to establish a national mental health care delivery system in the Philippines that is effective—that will deliver appropriate services and interventions. other public agencies.+Salient+Points+of+House+Bill+6679(last visited January 17. since there is no ceiling price in their professional fees. 2012). Adrian Jeric G.A. if psychiatrists will learn of the twenty percent discount that can be availled under R.com/5. 6679 During the 15th Congress of 2009. Also though the DOH position paper boasts that NMPC is to be chaired by the Undersecretary of Health of the policy and standards Development Team for Service Delivery. Since 2009. Pingoy. House Bill 6679 entitled . 9422.

This is the Insurance Code of the Philippines. which objectively is for private insurance companies and corporations. Figure 5. almost half (48 out of 93) have not heard of House Bill 6679 and 90 out of 93 of them need to know more about the contents of the bill. Survey on 93 Psychiatrist-Respondents98 Have you heard of the Do you think you pending National need to know more Mental Health Bill (HB about the contents of 6679) in Congress? the Bill? YES 50 90 NO 43 3 In a recent survey of 93 psychiatrist-respondents. Dec. If these psychiatrists are informed of the bill. BEYOND THE PHYSICAL: THE STATE OF THE NATION’S MENTAL HEALTH REPORT) (2002). Hence in 1995 under President Fidel Id. or liability arising from an unknown or contingent event.26 professional associations. One of the risks highly insured is health.97 There is also a dearth of participation of psychiatrists in supporting and pushing this bill into law. 99 Pres. Health insurance in the Philippines started with Philippine Medical Care Act of 1969 (RA 6111) which was organized and implemented by the Government Service Insurance System (GSIS) and Social Service Security (SSS). damage. V. Luz Querubin & Sonia Rodriguez. then they can assist and support in fighting for the passage of House Bill 6679 into law. Supra Note 40. §2 (1978).100 To target the lower income and non-salaried populations. Ma. PHILIPPINE HEALTH INSURANCE COVERAGE OF THE MENTALLY DISABLED Insurance as defined in the Insurance Code of the Philippines is an agreement whereby one undertakes for a consideration to indemnify another against loss. it later tied-up with Local Government Units (LGUs) and Health Maintenance Organizations (HMOs). It appears though that our Filipino psychiatrists are active in their own medical professions but passive when it comes to legislative policies that will greatly advance the rights and privileges of their patients – which they must keep in mind to be one of their major responsibilities. FINANCING HEALTH CARE: THE NATIONAL HEALTH INSURANCE SYSTEM (eds. it is legitimate for it serves as protection where the risk insured against by the insured is compensated by the insurer when this contingent event arises. 101 Id at 43. 98 97 . many of them are ignorant what this bill is about. 100 MARIA OFELIA ALCANTARA. No.101 In the early 1990s studies were made for the need of social based insurance. 1460. Infact. Corpuz. Survey conducted by Naomi Therese F.99 Although this definition may sound business for some. civil society and international development agencies – the magnititude of their responsibilities are wide since it is not only mental health that they focus on but also other illnesses.

In a benefit package of R. which shall not be more than five (5) years. 10. and d) Such other health care services that the Corporation shall determine to be appropriate and cost-effective: Provided. Figure 6. shall provide a basic minimum package of benefits xxx. RA 7875 gave birth to Philhealth which became the driver in implementing the first and only social based insurance in the Philippines. Excluded Personal SEC. 7875 of 1995 which states: SEC. laboratory. the National Health Insurance of the Philippines was made into effect known as RA 7875. there has been no insurance given to any mental disability only until a circular was issued in 2010. and 4) prescription drugs and biologicals. (Emphasis Supplied) There has been no mandate of insurance given to the mentally-ill. Personal Coverage Rules of Psychiatric . 4) use of surgical or medical equipment and facilities. b) Outpatient care: 1) services of health care professionals.A.27 Ramos’s leadership. the following categories of personal health services granted to the member or his dependents as medically necessary or appropriate. subject to the limitations stated in Section 37 of this Act. laboratory.Subject to the limitations specified in this Act and as may be determined by the Corporation. and other medical examination services. 3) personal preventive services.Benefit Package. 2) services of health care professionals. 11. RA 7875 National Health Insurance Act 1995 RA 7875 National Health Insurance Act 1995 (as amended by RA 9241) 11. c) Emergency and transfer services. That the Program. Since the first health insurance was created in 1969. 5) prescription drugs and biologicals. during its initial phase of implementation. . shall include: a) Inpatient hospital care: 1) room and board. 09-2010 SEC. Excluded PhilHealth Circular No. subject to the limitations described in Section 37 of this Act. 3) diagnostic. 2) diagnostic. 6) inpatient education packages. and other medical examination services.

b. When the patient becomes manic or depressed and there is gross impairment in judgement and reality testing. b) out-patient psychotherapy and counselling for mental b) alcohol abuse or dependency treatment. after actuarial studies. When medication side effects became disabling or potentially life threatening (e.g. and g) cost-ineffective procedures which shall be defined by the Corporation. the following rules are hereby issued: 1. When the patient is suicidal. dependency treatment. Claims for mental and behavioral disorder shall be compensable only for patients with acute attacks or episodes admitted for any of the following reasons: a. g) normal obstetrical delivery. and devices. and h) cost-ineffective procedures which shall be defined by the Corporation. c) drug and alcohol abuse or d) cosmetic surgery. severe parkinsonism. severe tardive dyskinesia. f) optometric services. e. d) cosmetic surgery. neuroleptic malignant syndrome).28 Health Services– The benefits granted under this Act shall not cover expenses for the services enumerated hereunder except when the Corporation. recommends their inclusion subject to the approval of the Board: Conditions Requiring Admission In order to facilitate reimbursement of claims on confinements for psychiatric conditions. d. after actuarial studies. For special medical procedures such as electric convulsive a) non-prescription drugs and a) non-prescription drugs devices. c. xxx (emphasis supplied) . e) optometric services. and f) fifth and subsequent normal rehabilitation obstetrical deliveries. When aggressive of assaultive behavior presents danger to self or others. disorders. recommends their inclusion subject to the approval of the Board: Health Services – The benefits granted under this Act shall not cover expenses for the services enumErated hereunder except when the Corporation. e) home services.

11. The lack of insurance coverage prior PhilHealth Circular No. Although some of the guiding principle and policies of National Health Insurance of 1995 are health for all especially the poor. Declaration of Principles and Policies. elderly. health and other social services available to all the people at affordable cost. Although the present psychiatric conditions covered was made clear after 8 years when PhilHealth Circular No. 09-2010. No.102 it is surprising to know that out of 94 respondentpsychiatrists in a survey done by random sampling nationwide. particularly the benefit “b) out-patient psychotherapy and counselling for mental disorders” of section 11 as shown in the first column of Figure 6 above. recommends their inclusion subject to the approval of the Board: xxx b) out-patient psychotherapy and counselling for mental disorders. Likewise. This benefit was removed (as shown in the second column of Figure 6) as one of those excluded for personal benefits thus making it vague if mental disorders are now covered by PhilHealth. – Section II. 103 Survey conducted by Naomi Therese F. universality and equity as provided in section 2: SEC. Supra Note 40. after actuarial studies. 102 . sick. Excluded Personal Health Services – The benefits granted under this Act shall not cover expenses for the services enumErated hereunder except when the Corporation. 11 of the National Health Insurance Act of 1995 (RA 7875): SEC. Priority of the needs of the underprivileged. and children shall be recognized. RA 9241. xxx (emphasis supplied) Above are the provisions and the circular implemented and issued respectively by the PhilHealth affecting mental illness in chronological order. it shall be the policy of the State to provide free medical care to paupers. Article XIII of the 1987 Constitution of the Republic of the Philippines declares that the State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods. 51 of them (54. 09-2010 was issued . Corpuz.26% of the respondents) did not know that such health insurance coverage for their patients exists. Philhealth Circ.29 therapy. The Act Amending the National Health Insurance in 2003 amended RA 7875. 09-2010was made categorical under sec.103 This only goes to show that there is poor dissemination of informationby the PhilHealth to the people. women. disabled. 2. especially psychiatrists – the most important health provider for the mentally disabled. This is the Coverage Rules of Psychiatric Conditions Requiring Admission (hereinafter “PH Circular 09-10”).

this Act shall adopt the following guiding principles: xxx b) Universality – The Program shall provide all citizens with the mechanism to gain financial access to health services.106 104 Phil Health Circular No. 2013). Claims for mental and behavioral disorder shall be compensable only for patients with acute attacks or episodes admitted for any of the following reasons: a) When aggressive of assaultive behavior presents danger to self or others. 2013). The National Health Insurance Program shall give the highest priority to achieving covErage of the entire population with at least a basic minimum package of health insurance benefits.104 Apart from being limited. severe parkinsonism. neuroleptic malignant syndrome). available athttp://en.” Thus. 105 . b) When the patient is suicidal. d) When medication side effects became disabling or potentially life threatening (e. severe tardive dyskinesia. c) When the patient becomes manic or depressed and there is gross impairment in judgement and reality testing. it can only be assumed that the terms “acute” and “chronic” are understood in their layman’s terms: “acute” for short period attacks105 and “chronic” for persistent and long-lasting attacks. c) Equity – The Program shall provide for uniform basic benefits.30 In the pursuit of a National Health Insurance Program. available at http://en.xxx (Emphasis Supplied) Acute (medicine).wikipedia.g. e) For special medical procedures such as electric convulsive therapy. PhilHealth did not operationally define what “acute” is and how different it is from “chronic. in combination with other government health programs.org/wiki/Acute_%28medicine%29 (Last visited: January 18. Access to care must be a function of a person’s health needs rather than his ability to pay. the following rules are hereby issued: 1. 09-2010 states: CovErage Rules of Psychiatric Conditions Requiring Admission In order to facilitate reimbursement of claims on confinements for psychiatric conditions.xxx (emphasis supplied) it can be gleaned that the PhilHealth insurance coverage for mental disorders as issued in its PH Circular 09-10 is limited only to acute inpatient care(as shown in the third column of Figure 6 above).org/wiki/Chronic_%28medicine%29 (Last visited: January 18. 106 Chronic (medicine).wikipedia.

Unfortunately these chronic mental illnesses are not in equal footing with other chronic physical illnesses under PhilHealth Insurance. may they be chronic or acute. Res. severe tardive dyskinesia. Delays in Treatment in Mental Disorders and Health Insurance Coverage. (e) for special medical procedures such as electric convulsive therapy. which are: (a) when aggressive of assaultive behavior presents danger to self or others. 108 Catherine Mclaughlin. What is questionable then iswhy only confine insurance with inpatient acute episodes limited to only 5 conditions but not mental illnesses that can also be chronic?By this fact alone there is already a unfair and unjust treatment of PhilHealth giving insurance coverage to other chronic ailments subject to confinement that are not mental. 221-224 (2004). he or she will not be covered by PhilHealth insurance. 2011). 109 Id. patients confined with chronic (long-lasting) physical illnesses such as leukemia or in need of dialysis for kidney failureare covered by Philhealth when they are confined. persons with chronic physical illnesses confined are covered by PhilHealth but not persons with chronic mental illnesses.108 Less well known is the fact that those with severe mental illness (SMI) are less likely to have health insurance coverage of any kind. Senior Manager for Benefits Development and Research of PhilHealth. This also means. but for reasons that do not fall under the five conditions above. This then could lead to more deleterious effects if inpatient chronic mental illnesses are not covered by insurance while other forms of inpatient illnesses are. 39 Health Serv. According to Dr.g. severe parkinsonism. (d) when medication side effects became disabling or potentially life threatening (e. (b) when the patient is suicidal. 107 . Evidence shows that delays in treatments for mental disorders can lead to increased morbidity and mortality and one of the determinants for this delay is income and lack of health insurance coverage. neuroleptic malignant syndrome). same with mentally-ill inpatients also confined falling under the acute attacksor episodeslimited to the five conditions enumerated.31 It is important to distinguish the two because it is only inpatients with “acute” attacks or episodes are covered in the PH Circular 09-10.(Emphases Supplied) This means that even if a mentally-ill patient is confined for acute (short period) attacks. The Circular merely gave five reasons where this acute inpatient care is limited to. Pasig City (July 22.109 There have been reports that chronic illnesses such as Interview with Dr. Israel Francis Pargas107. Israel Francis Pargas. (c) when the patient becomes manic or depressed and there is gross impairment in judgement and reality testing.

which can be done through the support of an insurance coverage. Onset of mental illness occurs during late adolescence or young adulthood – especially the aged 25-34 years.htm (last visited October 25. it can be of help to widen the scope given to mentally-ill patients if there are psychiatrists who can explain that early intervention in treatment of mental illness lessens its reccurrence or even with greater probability to be completely cured.32 mental health problems. 114 Maclughlin. for the mentally disabled for the belief that mental disorders are chronic and will consume too much of their funds. inpatient or out-patient. HMOs and other entities must however be educated and informed that mental illnesses that are not treated early can lead to worse conditions. 7 Ways to Ward off Clinical Depression. 2011).org/2004/02/si/si001922. 118 Id. 116 Id.115 If they are unemployed. ¶ 3.116 They also become ineligible to insurance disability benefits from GSIS or SSS if they stop working for the government or a private employer respectively.111Clinical depression is a common mental disorder that affects about 121 million people across the globe. supra note 103. at http://halogentv.112 It is estimated that by 2020. Although under the National Insurance Code of the Philippines (RA 7875) these HMOs can be accredited. available athttp://www. 119 Interview with Dr.com/articles/7-ways-toward-off-clinical-depression/ (last visited: June 20.110 According to a World Bank study.118 Philhealth is not the only insurance corporation which limits its insurance coverage to the mentally ill but also private insurance companies such as HMOs (Health Maintenance Organizations). 2004). 117 Id.114 Multivariate studies of labor force outcomes have generally found unemployment levels to be lower among persons with mental illness. it is more likely to have greater impact on educational attainment and income than many other chronic conditions. clinical depression will be the second most leading cause of disability worldwide – second only to cardiovascular illness. Israel Francis Pargas. there is shorter Sol Jose Vanzi. 110 . Mental Health Problems: Psychiatrists Tap Social Science. are among the 10 leading causes of disability worldwide. including depression and schizophrenia. the primary source of health care for elderly adults. in part because mental illness often begins during late adolescence or young adulthood. and at the same time confinement of such chronic mental illnesses are not covered by Philhealth. If there is early intervention and compliance to treatment for mental disorders. depression will become the second leading cause of disability in 2010. Supra Note 104. 111 Id. 112 Cara Davis. there has been no accredited HMO by PhilHealth. 115 Id. mentally-ill adults are more likely to be unemployed relative to other adults.117 This is the same age group that has the highest level of uninsurance. this would also result to non-eligibility for employer sponsored insurance.113 If these are the cases. 113 Id. to date.newsflash.119 HMOs also do not provide any form of insurance. Although the basis of Philhealth in all its insurance coverage are actuarial studies.

2012). A mental health care advocate. midwife. Mental State. Early treatment of disorders like depression.com/article. 121 120 . 123 Supra note 2. noted by the researchers. Capiz. http://www. In R. Conclusion with Recommendations According to the World Health Organization. Worldwide. bipolar. however. Corpuz.bworld.medobserver. thus mental health services are inaccessible to the majority of Filipinos in rural areas. there are provisions that are questionable. Antique. Mental health problems are predominantly treated in psychiatric clinics and mental hospitals located in urban centers. Reuters. Another WHO study conducted among patients in seven developing countries (the Philippines included) showed 17-25% of patients consulting at health care centers have diagnosable psychiatric disorders that.123Unfortunately. major depression.com.ph. To give special Interview with Dr. are not recognized by the general physician. addiction – the top five most common mental illnesses124 and other mental illnesses. endogenous or major depression is set to become second only to cardiovascular disease as the most diagnosed condition by year 2020.php?ArticleID=437 (last visited July 23. 122 Medical Observer.33 duration for the improvement. Mental health disorders common in young adults: survey. Jercyl Leilani Demeterio. at http://www.ph/content. It is already the fourth most common diagnosis as of 1998. anxiety and drug and alcohol dependence can cut the risk that the problem will persist past young adulthood.A. 2011).com.abscbnnews. In the Philippines today. there is at least one percent of the global population that may be suffering from mental health problems.122 and the Philippines is no exception from these statistics. supra note 62. www. and lesser dosages and treatment needed120. In education for instance. Negros Occidental) showed that one out of three households have members with mental health problems. there are no considerations given to mentally disabled people. There is also a possibility of completely not using such insurance if the patient is completely cured. and community health workers in these areas. Carlos Blanco of the New York State Psychiatric Institute at Columbia University. anxiety disorder. then this will lead to decrease in expenses.php?section=Opinion&title=A-mental-health-careadvocate&id=34287 (last visited July 23. Supra Note 40. A Population Survey for Mental Disorders conducted in four provinces in Western Visayas (Iloilo. The term mentally retarded is used in Section 14 and 17 of the Act together with persons afflicted with other illnesses who are given considerations in education. a WHO document on Mental Health and Development (2010) reports that one of every four households worldwide have members with mental health problems. 7277 also known as the Magna Carta for Disabled Persons alone. led by Dr. If there is decrease in dosages and maintenance treatment. 2011) 124 Survey conducted by Naomi Therese F.121 VI. However mental retardation is not the same as mental disability for it does not cover schizophrenia. at http://www. Filipinos with mental illness are dicriminated against in various forms where there is unequal treament when it comes to rights and privileges that persons afflicted with other forms of illnesses that are not mental are given more benefits and privileges in legislative policies. decrease in hospitalization and decrease for the need for insurance benefits. thus need to be modified inorder for mentally disabled Filipinos can be given fair treatment vis a vis other people afflicted with non-mental disabilities.bworld.com/lifestyle/12/14/08/mental-health-disorders-common-young-adults-survey (last visted May 19.

A. 7277 which gives atleast twenty percent discounts to disabled persons for basic health services is not well-known among the Filipino Psychiatrists in the country. a provision must be added to R. These assessments of a pilot case study can be used to determine special considerations that can be made that are not provided by R. Campaign materials are not also meant for psychiatrists but also for Local Government Units where every region down to the barangays which is the smallest political unit are made aware of the laws and bills affecting mentally disabled patients. 7277 where it should categorically state that though people are diagnosed with mental illnesses it should not be a reason for them to be not accepted from work. it does not cover chronic mental illnesses subject also to confinement – which only shows the unjust treatment to mentally disabled patients. mental health professionals such as psychiatrists that mentally disabled patients with chronic illnesses subject to confinement must be covered by insurance of PhilHealth as evidence shows that delays in treatments for mental disorders can lead to increased morbidity and mortality and one of the determinants of this delay is income and lack of health insurance coverage. how can they start to support and lobby for the enactment of House Bill 6799? The Congress must create campaign materials to strengthen advocacy and public information campaign on mental health. In labor. Also the pending House Bill 6679 which pushes for the establishment of a “National Mental Health Care Delivery System” and the “Philippine Council for Mental Health. 90 out of 95 are ignorant of the contents of the Act. Such private sectors must lobby for larger budget but sadly the country has psychiatrists who are passive when it comes to the advancement of their patients’ rights particularly in legislative policies. PhilHealth Insurance coverage for the mentally ill is limited only to acute inpatient care which must fall under 5 conditions enumerated by PH Circular 09-10. While PhilHealth covers chronic illnesses that are not mental subject to confinement. This PH Circular 09-10 must be amended by making known by the DOH. R. maintenance and salary of the personnel of mental hospitals.A. In a survey of 95 respondentpsychiatrists across the Philippines.” is not known to these psychiatrists where 90 out of 93 of them are not also aware of the substance of the law. 7277. No single provision is stated as such in the Act.A. A difficult problem to solve in relation to above is poverty and this is aggravated by the miniscule budget given to mental health by the DOH. If the main health professionals such as psychiatrists are ignorant of the pending bill. mentally disabled overseas contract workers are not allowed by the Department of Labor and Employment (DOLE) to leave for overseas contract employment although it is a fact that with therapy and medication such workers can function as normal individuals do. The DOH and other private sectors such as the Philippine Psychiatric Association must think of ways to compensate the miniscule budget. private sectors. A meager 5% are directed for mental health while 95% are spent on operation. There is also a poor dissemination of information of the benefits and privileges given to mentally disabled patients covered by the Philippine Health Insurance (PhilHealth). They can also mandate each and every psychiatrist of the Philippines to attend seminars on the laws and bills affecting the mentally disabled. the Government can create a pilot study where schools and/or special classes can be regulated and monitored by certified psychiatrists and clinical psychologists to determine the veracity and gravity of the illness of the student-patient from time to time and assess their capacity to learn.34 considerations to mentally disabled students. . Infact.

Luz Querubin & Sonia Rodriguez. Series of 2008 Pres. Luz Querubin & Sonia Rodriguez. Act. No. THE CRUCIBLE vii (1995). 7277 otherwise known as the Magna Carta for Disabled Persons of 2007 DOH AdministrativeOrder No. ESTABLISHMENTS AND PUBLIC UTILITIES TO INSTALL FACILITIES AND OTHER DEVICES Rep. Fr. No. BIBLIOGRAPHY Laws 1987 Philippine Constitution Batasang Pambansa 344. EXORCISM: ENCOUNTERS WITH THE PARANORMAL AND THE OCCULT 1-207 (2006) MA. FINANCING HEALTH CARE: THE NATIONAL HEALTH INSURANCE SYSTEM (eds. This is known as the Amendment to R. TREATMENT OF MENTAL ILLNESS IN THE PHILIPPINES: A HISTORICAL PERSPECTIVE (eds. Ma. AN ACT TO ENHANCE THE MOBILITY OF DISABLED PERSONS BY REQUIRING CERTAIN BUILDINGS.35 VI. 09-2010 House Bill 6679 entitled An Act for A National Mental Health Care Delivery System Establishing For The Purpose The Philippines Council for Mental Health And Appropriating Funds Therefore Books ARTHUR MILLER. Act No. . 9 Series of 2007 National Council for Disability Affairs Administrative Order No. BEYOND THE PHYSICAL: THE STATE OF THE NATION’S MENTAL HEALTH REPORT) (2002). BEYOND THE PHYSICAL: THE STATE OF THE NATION’S MENTAL HEALTH REPORT) (2002). 7277.A. §2 (1978) Insurance Code of the Philippines RA 7875 National Health Insurance Act 1995 RA 7875 National Health Insurance Act 1995 (as amended by RA 9241) PhilHealth Circular No. The Magna Carta for Disabled Persons Rep. LUZ CASIMIRO QUERUBIN & SONIA CASTRO RODRIGUEZ. 1460. BALTAZAR REYES & CONSTANTINE DELLA. 9244. INSTITUTIONS. 1. JOSE FRANCISCO SYQUIA. Ma. Dec. 8 Series of 2001 DOH AdministrativeOrder No.

available at http://www. 221-224 (2004).com/articles/7-ways-to-ward-off-clinical-depression/ at Source: Government of Sourth Australia. 166 (2004). available at http://www.org/wiki/Mental_disorder (Last visited: November 26.org/ProposedRevisions/Pages/proposedrevision. Res. Intellectual Disability and Mental Illness (Dual Disability) available at http://www. Papers Dr. Report on Mental Health System in the Philippines.gov/medlineplus/ency/article/000945. International Review of Psychiatry. Philippines mental health country profile.al.org.nih.org/wiki/Major_depressive_disorder (Last visited: January 18. Websites Major Depressive Disorder. Jun 20. available at http://medical-dictionary. The Free Dictionary.dsm5.nlm. 7 in WHO-AIMS (2007) Catherine Mclaughlin. 2012). at Major Depression. Department for families and communities.htm (Last visited: January 18.wikipedia. 2012).inquirer. 2011).com/mental+illness and Wikipedia. Robert Carson et. WHO and Department of Health-Manila. Luz Querubin & Sonia Rodriguez.au/upload/franchise/Community%20Support/Disability/Information%20sheets%20%20Disability%20SA/Intellectual%20disability%20-%20mental%20illnessdual%20disability%20%28PDF%20140kb%29. available at http://en. 7 Ways to Ward off Clinical Depression.sa.gov. available http://en.aspx?rid=465 (Last visited: October 22. Rina Jimenez David. http://halogentv. Delays in Treatment in Mental Disorders and Health Insurance Coverage. Bernardo Conde. Ma. .thefreedictionary. ¶ 3. 39 Health Serv. 2012). Cara Davis. BEYOND THE PHYSICAL: THE STATE OF THE NATION’S MENTAL HEALTH REPORT) (2002).36 MARIA OFELIA ALCANTARA. 2011. 2013). At Large Not just for the ‘sirang ulo at http://opinion. DSM5. ABNORMAL PSYCHOLOGY AND MODERN LIFE 33 (2000)..pdf (Last visited: June 9. FINANCING HELATH CARE: THE NATIONAL HEALTH INSURANCE SYSTEM (eds. 2013).wikipedia.net/8977/notjust-for-the-%E2%80%98sirang-ulo%E2%80%99(last visited November 22.

37 Wester’s Dictionary at http://www.merriam-webster.com/medical/lobotomy (last visited May 16, 2012) World Fellowship for Schizophrenia and Allied Disorders, available at http://www.worldschizophrenia.org/disorders/schizophrenia.html(Last visited: November 26, 2012). Meeting of Minds, available at http://www.medobserver.com/article.php?ArticleID=440(last visited May 17, 2012). Margarita Tartakovsky M.S., The Bipolar Fact Sheet, available http://psychcentral.com/lib/2009/bipolar-disorder-fact-sheet/ Last visited: November 26, 2012). at

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Chronic (medicine), available athttp://en.wikipedia.org/wiki/Chronic_%28medicine%29 (Last visited: January 18, 2013). Sol Jose Vanzi, Mental Health Problems: Psychiatrists Tap Social Science, available athttp://www.newsflash.org/2004/02/si/si001922.htm (last visited October 25, 2004). Cara Davis, 7 Ways to Ward off Clinical Depression, ¶ 3, at http://halogentv.com/articles/7ways-to-ward-off-clinical-depression/ (last visited: Jun 20, 2011). Reuters, Mental health disorders common in young adults: survey, at http://www.abscbnnews.com/lifestyle/12/14/08/mental-health-disorders-common-young-adults-survey (last visted May 19, 2012). Medical Observer, Mental State, http://www.medobserver.com/article.php?ArticleID=437 (last visited July 23, 2011).

39 ANNEX A SURVEY FORM FOR PSYCHIATRISTS   Please take time to answer the following questions. The information you will provide will be treated with UTMOST CONFIDENTIALITY. 1) Hospitals/Institutions: Check as many as applicable Private Hospital: ( ) Specialized ( ) General Government: ( ) Specialized Institution ( ) Genera.l Hospital ( ) Own Clinic ( ) Others, pls specify _______________ 2) Services: ( ) Outpatient care ( ) Home visits ( ) Inpatient care ( ) Group Sessions ( ) Others, pls specify ____________________ 3) Location of Institutions associated with: ( ) NCR ( ) North Luzon ( ) South Luzon ( ) Central Luzon ( ) Visayas ( ) Mindanao 4) Years of Practice: ( ) Less than 1 yr( )11-20 yrs( ) 31-40 yrs ( )1-5 yrs( ) 21-30 yrs( ) Above 50 yrs ( )6-10 yrs ( ) 41-50 yrs 5) Estimated number of outpatient consults in a week: ( ) 1-5 ( )11-20 ( ) 31-40 ( ) 51-60 ( ) 6-10 ( ) 21-30 ( ) 41-50 ( ) Above 60 6) Estimated number of in-patients in a month: ( ) at least 5 / month ( ) around 10 / month ( ) approximately 20 / month ( ) others, ____________________ 7)Are you aware of the Magna Carta for Disabled Persons (Republic Act 7277 as amended by Republic Act 9244)? ( ) Yes ( ) No Comments: ___________________________________ 8) Do you think you need to know more about it? ( ) Yes ( ) No Comments: ___________________________________ 9) Is there a present Health Insurance Coveragefor psychiatric illnesses that you know of?

40 ( ) Yes ( ) None Comments: ___________________________________ 10) What are your insights regarding health Insurancefor psychiatric patients? _____________________________________________ _____________________________________________ 11) Please Rankon a scale of 1 to 11.weekly ____________ biweekly weekly ____________ ____________ monthly monthly ____________ ____________ quarterly ____________ quarterly ____________ yearly yearly . 11) OUTPATIENT IN-PATIENT If Private Setting: If Private Setting: ____________ ____________ weekly ____________ bi. 11 being the highest. please specify ___________________________ 13) Estimated number of consults patient would need before adequate recovery is perceived: (in terms of the top 5 common disorders you Ranked in no. as the most common case of psychiatric disorder in your medical practice: _______ schizophrenia _______ bipolar _______ majordepression ________ anxiety disorder ________ addiction (substance-use disorder) ________ dementia ________ personality disorder ________ eating disorder ________ somatoform disorder ________ sleep disorder ________ sexual disorder Comments: ___________________________________ _____________________________________________ 12)Are there other psychiatric disorders that you commonly encounter apart from those listed above? If Yes. 11) ( ) 1 consult is enough ( ) 11-15 ( ) 2-3 consults ( ) 16-20 ( ) 4-5 consults ( ) 21-25 ( ) 6-10 ( ) 26-30 ( ) Above 30 Comments: ___________________________________ 14)Yourestimated cost for consultations before some adequate recovery is perceived per patient:(in terms of the top 5 common disorders you ranked in no.

500 – P 2.000 () Above P10. .41 If Setting: Government If Government Setting: ____________ ____________ weekly ____________ bi.000 ( ) P1. hence submission of each psychiatrist-participant will be checked after it is completely filled-out. Thank you very much.weekly ____________ biweekly weekly ____________ ____________ monthly monthly ____________ ____________ quarterly ____________ quarterly ____________ yearly yearly Comments: ___________________________________ 15) Your estimated cost of medications per patient would need to spend on a monthly basis: (in terms of the top 5 common disorders you ranked in no. 500 ( ) P600 – P 1000 ( ) P5000 – P8.000 Comments: ___________________________________ 16) Have you heard of the pending National Mental Health Bill in Congress? ( ) Yes ( ) No Comments: __________________________________________________ 17) Do you think you need to know more about it? ( ) Yes ( ) No Comments: __________________________________________________ IMPORTANT REMINDER: We want to ensure retrieval of this survey form. Kindly return after answering the form to the registration site for the checking of your submission of such form. 11) ( ) P100 – P500 ( ) P3000 – P4. 500 ( ) P8000 – P10.

specify 1. San Bernabe Med. Psychiatric Education The number of person 3.) 51 2. Multispecialty Clinic 4.R. Specify (if there is no. Clinic. Psychologist 2. Home care =3 3. 2. Shelter for street children 6. pls.Detoxification . b. it mins. Services: Table 3 Outpatient Care 91 Inpatient Care 88 Home Visit 22 Group Session 22 Others. The number of person with the same answers) 1. 8. NGO=2 9. Patient=2 (if there is no. Academe 5. E.42 ANNEX B ANSWERS TO SURVEY BY PSYCHIATRISTS 1. pls. it means. Visiting. Table 1 Hospital/ Institutions: Check as many as applicable a. Multispecialty private clinic 7.) Specialized 25 Private Hospital GenEral 41 Government Hospital Specialized Institute 27 GenEral Hospital 37 Table 2 Own Clinic Others.

43 with the same answers) 3.40yrs. 1-5 yrs.40 41-50 51-Above 7 25 13 14 10 5 21 . 41-50 yrs. Above 50 yrs. 6-10 yrs. Table 6 1-5 6-10 11-20 21-30 31. Location of institutions associated with: Table 4 NCR North Luzon South Luzon Central Luzon Visayas Mindanao 4. 11-20 yrs 21-30 yrs. Estimated number of outpatient consults in a week. 8 20 25 22 12 8 5. 31. Years of Practice: Table 5 52 8 10 3 21 10 Less than 1 yr.

it means. more than 50 in a month 24. 500 inpatients of the whole hospital 15. 500/month 10. 1-3/month 11. (if there is no. None-All patients are Outpatients 4.Less than 5/month 12. more than 20/month 13. None/ n. 20/month 5. occasional only . Estimated number of in. (OPD) 6. The number of person with the same answers) 10 10 39 12 10 4 3 5 1 1. More than 20/ month 9. 5/month 21. at present 14.a. Once a month 3. 5X / year 7. 50/month-in gov’t. 100/month or more 22. 100 17. 5 18. hospital 16. 50 inpatients. Seldom 8.patient in a month: Table 7 Less than 5/month Less than 5/month At least 5/month Around 10/month Approximately 20/month 51-100/month 200/month 20-50/month 500/month Others. Variable or one / 3 months 2. 1-2 patients 19. 100/month 20.44 6. 150-200/month=2 23.

I know there is one but I haven’t read it 3.Approximately 200/month 30.Is there a present Health Insurance CovEragefor psychiatric illnesses that you know of? Table 10 YES NONE COMMENTS: 44 51 1. Not totally though 5. Are you aware of the Magna Carta for Disabled Persons (Republic Act 7277 as amended by Republic Act 9244)? Table 8 YES NO COMMENTS: 58 37 1. Not aware of this Act 8.A. 2. 3 patients/month=2 26. Phil health for acute cases only=3 . Needs copy of R.45 25. 7277. 5000 27. Given emphasis for the physically disabled including the mental. 5/month 7. 4. Do you think you need to know more about it ? Table 9 YES NO COMMENTS: 90 5 9 .

) This should be a must for voluntary consultations & regular treatment 21.) It is necessary since most mental illness is chronic 13.) It will be very helpful if approved 18.) Very less of a privilege & opportunity 9.) They needed it badly esp.) Psychiatric patients should be covered by Phil Health 22. Phil health= 8 3.) Coverage should include OP's medicators 3.) I think it will help those who are not economically -privileged to avail services 15.) None 14.) Should also include chronic cases 2.) Health Insuranceco.) Took time to have one 8. very limited only for admitted patients 6.) limited coverage due & high cost of medicines & hospitalization. Phil health for inpatients 8.) They deserve to have an Insurancetoo for humanizations reason 19. Phil health but still not implemented for hospitals w/o psychiatric wards. It is limited 4.) It is a necessity 4. Their limited to certain illness 11. Sources only acute cases 10.) It is needed but none is available 17.46 2. 16.) Health Insuranceco. 10. . SSS/GSIS disability claim 7.) It does not sum to realize that psychiatric conditions are chronic & patients are mostly a lifetime maintain treatment 23. just make money for themselves.) Needs to be given fair assistance from Insuranceco. Phil health very selective cases only 9. What are your insights regarding health Insurancefor psychiatric patients? Table 11 1. They don’t pay current consultations/professional fees for doctors pay even up to several years late. 6.) Health Insuranceshould be instituted for care for mental health patients 5.) It is highly recommended since psychiatric care is costly 20.) Most health Insurancedo not recognize psychiatric illness 12. Psychiatric patients should be covered by Insurance 5. seems reluctant to cover psychiatric conditions 10.) Long term to have one 7. for indigent patients 11.

) Should be included in the Health Insurance CovErageof Phil Health 50.) Necessary 26.) Psychiatric admissions should be included in health insurance 29.) It is limited and some disorders /mental disorders are allegedly not covered private health insurances don’t cover it 52.) This should be a must for voluntary consultations & reg.) Should have 49.) They should benefit from Insurancesince treatment is usually long term 27.) It is necessary esp.) It is a must 30. price control on medicines .) Badly needed 36.47 24.) Health Insuranceshould include all illnesses including psychiatric conditions except for substance we abuse /dependence 39.)When will it be available 45.) There is a definite need for it but it will all fall down to financial liability 38.) Psychiatric disorders are also medical conditions and should share equal benefits together with all other illnesses 41. & ignored by gov't. 33.)Good & helpful 57. politics & employer respond to wellness Programs.) Government needs to come up with a nahomel mental health Program to create awareness.) It is needed 55.) There should be good somewhere for it if there was one 43.) we need more health Insurancebenefits for both psychotic & non psychotic admission an OPD consult 37.) Insurancecompanies (private coverage of psychiatric patients as well as .) It should have adequate coverage like medical illnesses 54.) Need . with the cost of medications and hospitalization during relapse.it is acknowledge that it is a chronic conditions and will really go through government resources. treatment 42.) About time we have a comprehensive one 40.) It would entail to much cost 44.) Most psychiatric patients are claiming for Insurance-they need to be provided for 46.) neglected by private Insuranceco.) Needs to cover non psychiatric cases/doctors 51.) Unfair & lacking 53. 56.) It is important 47.)There should be expansion of the coverage for psychiatric patients 28.)Mental illnesses should be covered by health Insurance 58. 31. but a basic need and right for the mentally disabled 35.) Inadequate 48.) It should also outpatient services 32.)There’s a need 34.) Too difficult to be specific depends on patients recovery & response too 25.

) It is important 61.) There should be HMO provider 68.) Needs wider coverage 75.) Needs to be reinforced 67.) Need so much because of relapses(financial problems) 74.) Imperfect.) Limited to some illness.ge 73.) It would be a great help for our patients 70.) Health Insuranceshould also be made available for psychiatric patients 60. it will make them prompt /OPD for consult 64. as the most common case of psychiatric disorder in your medical practice: Table 12 SCHIZOPHRENIA 653 BIPOLAR 587 MAJOR DEPRESSION 613 ANXIETY DISORDER 571 ADDICTION (Substance-use disorder) 555 DEMENTIA 460 PERSONALITY DISORDER 482 EATING DISORDER 400 SOMATOFORM DISORDER 423 SLEEP DISORDER 510 SEXUAL DISORDER 386 COMMENTS: 1.A. but at least it’s a start. 11 being the highest. 77. & this is unfair knowing that mental illness are recurrent & treatment serve longer time 71. Other patient has dual diagnose .) It would be a help of both in the caregivers & patient.) Its non-existent 65. Adjustment disordering have anxiety or depressive symptoms 2.) Wanting 62.) I think psychiatric patient 11.) Still needs to be more extensive covering more illness 69.) It should cover up to 3-6 months 66. Please Rankon a scale of 1 to 11.48 government should accept all of them 59.) Public is not aware and extensive review of coverage should be done because usually mental problems is excluded in health coveR.) They need it 63.) Will take a long 76.) Health Insurancefor psychiatric patients should have a broader coverage 72.

9. Specify Table 13 1. Autism 13. Several factors should be considered here like financial support and patients insight . ADHD. 10. 5. conduct disorder Panic disorder. 3. Conduct disorder Marital problems & work related problems mixed anxiety –depression disorder –delusional disorder Dismpture disorder ADHD. 7. 13. 6. ADHD=3 No Marital problems Suicide Adjustment disorder. 16. 15. 4. Estimated number of consults patient would need before adequate recovery is perceived: (in terms of the top 5 common disorders you Rankin no. MR. 14. Mental retardation. sexual abuse School phonic . 11. post traumatic stress disorder ADHD & learning disorder . mental retardation Schzo affective disorder PTSD Relationship disorder/problem none except co-morbid conditions additional developmental disorder like ADHD.49 3. Are there other psychiatric disorder you commonly encounter apart from those listed above? If yes Pls. 8. at times they exist co-morbidly 12. 12. physical abuse. 11) Table 14 24 1 -5 CONSULTS 38 6--15 20 16--30 30 Above COMMENTS: 13 (answer of NEW QUESTIONNAIRE included) 1. The approach in psychiatry 2. I practice psychotherapy. 2. 17.

50 3. Per need-it varies 12. Treatments for each disorder is too varied in terms of approaches & pharmacology . If seen at once (acute)given treatment improvements is seen 14. Case to case basis 11. Lifetime 9. Follow up consults still needed even if patients is asymptomatic already 13. recovery also depends on patient/family compliance with medication and advice given by the doctor 5. Continues psychiatric care is recommended 6. CORRECT ANSWERS .the social support available for the patient & mental capacity of the patient 4.Patients needs also continuous monitoring & follow up there after 8. Some patients do not recover completely 7. I cant answer this as the top 5 Mental illness is the recurrent & recovering is not possible disorder to the nature or cause of thinking. It really depends on the severity of each illness . psychotherapy consults 10. Mental illness is lifetime disease 15.

000 20.000 5.000 20k 20.000 20k BIWKLY 1.000 800 1.000 6.000 5.200 12k 1.000 1.000 YRLY 1000/ day 60.500 600 500 At least 1.000 1.000 1.000 10-15k 3.000 2.000 Day 18.000 30.000/ 12.000 15.000 35.500 20.000 2.000 105.000 500 1.500700 2k 2.200 2.000 500 If Government WEEKLY 1.000 1.000 2.000 1-2k 1.000 24.000 4.000 1.000 1.000 420.000 1.000 20.500-2k 6.000 1.000 1520k 1-2k 7.500 1.000 20k 2k OUTPATIENT BI-WEEKLY MONTHLY IN-PATIENT If Government QUARTERLY YEARLY .000 600 1.200 1012k 16.500 600 36k 7.000 1.000/ Day If Private(pesos) MNTLY QTRLY 1.000 600 400 1.000 600 36.00 IN-PATIENT 1.500 6.000 5.200 1-2k 2.000/ Day 600 3.000 5.000 2.500 Room rate 7.500 6.200 3.51 Table 15 OUTPATIENT If Private(Pesos) WKLY BIWKLY MNTLY QTRLY YRLY WKLY 1.000 72.8000 1.000 1.500 2.000 500 500 600 800/ Session 4.000/ Day 72.000 1.500 700 1.

) In government setting no PF so consultation cost will be in terms of medicine & laboratory work-up 3.) Not very clear question & what we are being asked too 7. .ooo Free Free 50 100 600 200 200 0 Others: 8-10.500-3k Free charity 0 0 Table 16 1.) Cant be measured 4.) Depends 5.) Cant be measured 2.) Not possible knowing that recovery is not possible.) Socialized 6. .11).) Hospitalization can be avoided if patient regularly follow up our out patient basis.52 300 500 1.000 COMMENTS: 200 free 0 0 1-3k 1. 9. Your estimated cost of medications per patient would need to spend on a monthly Basis : (in terms of the top 5 common disorders you ranked in no.) Just voluntarily/part of the duty 8. 15.

17. 000 Above P8. the disorder ranked 1-5 are too varied to describe by the above choices 5. Needs to push 3. Do you think you need to know more about it? Table 19 YES 89 . not discussed with patient 7. Not apperceived because there were more important one.53 Table 17 P100-P500 P600-P1000 P1. It was remained to be pending for the past 12 yers 2. Esp. Depends 6. Assuming we use the best medications available 3. 500-P2. 500 P3000-P4. Depending on the medications prescribed 4 4 15 27 17 20 1. Range in terms of generic medicines 4. For treatment resistant psychotic patients 16. if branded/innovator drugs will be used 8. 500 P5000-P8.000 COMMENTS: using a typical antipsychotics 2. Long been pending 4. No idea. Have you heard of the pending National Mental Health Bill in Congress Table 18 YES NO COMMENT: 50 43 1. Mightly meds P26-7/month 10. Varies on patients capacity to buy 9.

TOTAL=95 5. involvement & multi sectoral group 2. Figure 3 25 25 21 20 6-10 1-5 15 10 5 13 14 10 11-20 21-30 7 5 31-40 41-50 . 12 8 11-20 yrs. GRAPHS 3. Estimated number of outpatient consults in a week. it would be good if there is . One has to know somebody intensive follow up 5. 22 Less than 1 yr. 41-50 yrs. Above 50 yrs. to nosy 3.54 NO COMMENT: 3 1. Location of institutions associated with: Figure 1 60 50 40 30 21 20 10 0 Locations 8 10 3 Mindanao Central Luzon 52 NCR North Luzon South Luzon 10 Visayas 4. Years of Practice. of psychistrist answered 8 1-5 yrs. Just pass it they just say . 31-40 yrs. 6-10 yrs. Figure 2 25 25 20 20 15 10 5 0 No. medicines are costly 4. 21-30 yrs. More involved about it.

Estimated number of in. of psychiatrist answered 7.55 TOTAL=95 6. Are you aware of the Magna Carta for Disabled Persons (Republic Act 7277 as amended by Republic Act 9244)? Figure 5 58 37 YES NO TOTAL = 95 .patient in a month: Figure 4 40 35 30 25 20 15 10 5 0 4 3 10 12 10 5 1 39 Less than 5/month At least 5/month Around 10/month Approximately 20/month 51-100/month 200/month 20-50/month 500/month TOTAL = 84 No.

Please Rankon a scale of 1 to 11. 11 being the highest.Is there a present Health Insurance CovErage for psychiatric illnesses that you know of? Figure 6 51 44 YES NO TOTAL – 95 10. as the most common case of psychiatric disorder in your medical practice Figure 7 Schizophrenia 700 600 500 400 300 200 100 0 653 587 613 Bipolar 571 555 460 482 400 510 423 386 Major Depression Anxiety Disorder Addiction Dementia Personality Disorder Eating Disorder Somatoform Disorder Psychiatric Disorders Sleep Disorder Sexual Disorder .56 9 .

500 P3.11). Estimated number of consults patient would need before adequate recovery is perceived: (in terms of the top 5 common disorders you Rank in no.500 P5.57 13. 11) Figure 8 40 35 30 25 20 15 10 5 0 No. Figure 9 30 25 27 P100-P500 P600-P1000 P1.500-P2.000-P8. of Consults needed by a patient 13 24 20 1-5 6-15 16-30 30 above 38 TOTAL = 95 15. Your estimated cost of medications per patient would need to spend on a monthly basis: (in terms of the top 5 common disorders you ranked in no.000 20 20 15 15 10 5 0 Estimated cost of medication/ patient 4 4 17 Above P8.000-4.000 .

Have you heard of the pending National Mental Health Bill in Congress? Figure 10 50 43 YES NO TOTAL = 93 17. Do you think you need to know more about it? Figure 90 11 YES NO 3 TOTAL = 93 .58 16.

Declaration of Policy — The grant of the rights and privileges for disabled persons shall be guided by the following principles: (a) Disabled persons are part of Philippine society. 1992 AN ACT PROVIDING FOR THE REHABILITATION. Title. community and all government and nongovernment organizations." Sec. (c) The rehabilitation of the disabled persons shall be the concern of the Government in order to foster their capacity to attain a more meaningful. This must be the concern of everyone — the family. TITLE I GENERAL PROVISIONS CHAPTER I BASIC PRINCIPLE Section 1. self-development and selfreliance of disabled persons. Coverage. to the extent herein provided.59 ANNEX C Republic Act No. the State shall advocate for and encourage respect for disabled persons. Disabled persons' rights must never be perceived as welfare services by the Government. thus the State shall give full support to the improvement of the total well-being of disabled persons and their integration into the mainstream of society. cultural. 2. (e) To facilitate integration of disabled persons into the mainstream of society. economic. They should be able to live freely and as independently as possible.chanrobles virtual law library . the State shall adopt policies ensuring the rehabilitation. — This Act shall be known and cited as the "Magna Carta for Disabled Persons. To reach out to a greater number of disabled persons. departments. — This Act shall cover all disabled persons and. Toward this end. 9277 March 24. It shall develop their skills and potentials to enable them to compete favorably for available opportunities. SELF-DEVELOPMENT AND SELF-RELIANCE OF DISABLED PERSONS AND THEIR INTEGRATION INTO THE MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES. that will ensure full participation of different sectors as supported by national and local government agencies. (b) Disabled persons have the same rights as other people to take their proper place in society. 3. offices and agencies of the National Government or nongovernment organizations involved in the attainment of the objectives of this Act. the rehabilitation services and benefits shall be expanded beyond the traditional urbanbased centers to community based programs. (d) The State also recognizes the role of the private sector in promoting the welfare of disabled persons and shall encourage partnership in programs that address their needs and concerns. The State shall exert all efforts to remove all social. productive and satisfying life. environmental and attitudinal barriers that are prejudicial to disabled persons. Sec.

(i) Sheltered Employment refers to the provision of productive work for disabled persons through workshops providing special facilities. resulting from an impairment or a disability. and (4) other similar services and actions or all types of aids and services that facilitate the learning process of people with mental disability. social. (d) Handicap refers to a disadvantage for a given individual. reassignment to a vacant position. whether legal. physical or sensory impairment. or 3) being regarded as having such an impairment. acquisition or modification of equipment or devices. (j) Auxiliary Social Services are the supportive activities in the delivery of social services to the marginalized sectors of society. — For purposes of this Act. cultural. or anatomical structure or function. Sec. 2) a record of such an impairment. Definition of Terms. taped tests. to perform an activity in the manner or within the range considered normal for a human being. physiological. cultural. appropriate adjustments or modifications of examinations. these terms are defined as follows:chanroblesvirtualawlibrary (a) Disabled persons are those suffering from restriction or different abilities. as a result of a mental. and other similar accommodations for disabled persons. (e) Rehabilitation is an integrated approach to physical. diminution or aberration of psychological. income-producing projects or homework schemes with a view to giving them the opportunity to earn a living thus enabling them to acquire a working capacity required in open industry. (k) Marginalized Disabled Persons refer to disabled persons who lack access to rehabilitative services and opportunities to be able to participate fully in socioeconomic activities and who have no means of livelihood and whose incomes fall below the poverty threshold. (h) Reasonable Accommodation include 1) improvement of existing facilities used by employees in order to render these readily accessible to and usable by disabled persons. that is considered normal given the age and sex of the individual. (g) Auxiliary Aids and Services include: . the provision of auxiliary aids and services. that limits or prevents the function or activity. (c) Disability shall mean 1) a physical or mental impairment that substantially limits one or more psychological. any human group. 4. physiological or anatomical function of an individual or activities of such individual.60 (1) qualified interpreters or other effective methods of delivering materials to individuals with hearing impairments. and 2) modification of work schedules. (2) qualified readers. training materials or company policies. or other effective methods of delivering materials to individuals with visual impairments. or society which limit the fullest possible participation of disabled persons in the life of the group. rules and regulations. (b) Impairment is any loss. educational and vocational measures that create conditions for the individual to attain the highest possible level of functional ability. Social barriers include negative attitudes which tend to single out and exclude disabled persons and which distort roles and inter-personal relationships. spiritual. economic. community. (3) acquisition or modification of equipment or devices. recreational or other. (f) Social Barriers refer to the characteristics of institutions.

or communication among the provinces or between any foreign country or any territory or possession and any province. traffic. transportation. it shall accord due regard to the individual qualities. . (o) Covered Entity means an employer. 6. offices or corporations engaged in social development shall be reserved for disabled persons. Equal Opportunity for Employment. A qualified disabled employee shall be subject to the same terms and conditions of employment and the same compensation. this description shall be considered evidence of the essential functions of the job. or the impact otherwise of such action upon the operation of the facility. the number of persons employed at such facility. — No disable person shall be denied access to opportunities for suitable employment. structure and functions of the work force of such entity. administrative or fiscal relationship of the facility or facilities in question to the covered entity. the number. the geographic separateness. land and sea that provides the public with general or special service on a regular and continuing basis. chan robles virtual law library Five percent (5%) of all casual emergency and contractual positions in the Departments of Social Welfare and Development. incentives or allowances as a qualified able bodied person.61 (l) Qualified Individual with a Disability shall mean an individual with a disability who. employment agency. and if an employer has prepared a written description before advertising or interviewing applicants for the job. (2) the overall financial resources of the facility or facilities involved in the action. Sec. factors to be considered include — (1) the nature and cost of the action. with or without reasonable accommodations. (n) Public Transportation means transportation by air. vocational goals and inclinations to ensure a good working atmosphere and efficient production. In determining whether an action is readily achievable. trade. the State shall endeavor to provide it by means of sheltered employment. Health. Education. TITLE II RIGHTS AND PRIVILEGES OF DISABLED PERSONS CHAPTER I EMPLOYMENT Sec. (m) Readily Achievable means a goal can be easily attained and carried out without much difficulty or expense. 5. the effect on expenses and resources. and (p) Commerce shall be taken to mean as travel. benefits. privileges. fringe benefits. and other government agencies. and (4) the type of operation or operations of the covered entity. including the composition. commerce. labor organization or jointlabor management committee. type and location of its facilities. can perform the essential functions of the employment position that such individual holds or desires. However. In the placement of disabled persons in sheltered employment. (3) the overall financial resources of the covered entity with respect to the number of its employees. consideration shall be given to the employer's judgment as to what functions of a job are essential. Sheltered Employment — If suitable employment for disabled persons cannot be found through open employment as provided in the immediately preceding Section. Culture and Sports.

retain and advance in employment. 11. That such entities present proof as certified by the Department of Labor and Employment that disabled persons are under their employ: Provided. from their gross income. does not apply to improvements or modifications of facilities required under Batas Pambansa Bilang 344. adequate incentives shall be provided to private entities which employ disabled persons. if found satisfactory in the job performance. That the disabled employee is accredited with the Department of Labor and Employment and the Department of Health as to his disability. Implementing Rules and Regulations. Apprenticeship. — Subject to the provisions of the Labor Code as amended. equivalent to fifty percent (50%) of the direct costs of the improvements or modifications. shall be entitled to an additional deduction. Sec. Vocational Guidance and Counseling. however. either as regular employee. The State shall also take measures to ensure the provision of vocational rehabilitation and livelihood services for disabled persons in the rural areas. Provided. skills and qualifications. 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. . In addition.62 Sec. it shall promote cooperation and coordination between the government and nongovernmental organizations and other private entities engaged in vocational rehabilitation activities. Sec. Incentives for Employers. Sec. (c) Private entities that improve or modify their physical facilities in order to provide reasonable accommodation for disabled persons shall also be entitled to an additional deduction from their net taxable income. That after the lapse of the period of apprenticeship. — The Department of Social and Welfare and Development. This Section. shall implement measures providing and evaluating vocational guidance and counseling to enable disabled persons to secure. — Consistent with the principle of equal opportunity for disabled workers and workers in general. further. — (a) To encourage the active participation of the private sector in promoting the welfare of disabled persons and to ensure gainful employment for qualified disabled persons. disabled persons shall be eligible as apprentices or learners: Provided. the State shall take appropriate vocational rehabilitation measures that shall serve to develop the skills and potentials of disabled persons and enable them to compete favorably for available productive and remunerative employment opportunities in the labor market. 10. 8. apprentice or learner. further. (b) Private entities that employ disabled persons who meet the required skills or qualifications. Vocational Rehabilitation. however. It shall ensure the availability and training of counselors and other suitably qualified staff responsible for the vocational guidance and counseling of disabled persons. — The Department of Labor and Employment shall in coordination with the Department of Social Welfare and Development (DSWD) and National Council for the Welfare of the Disabled Persons (NCWDP) shall promulgate the rules and regulations necessary to implement the provisions under this Chapter. equivalent to twenty-five percent (25%) of the total amount paid as salaries and wages to disabled persons: Provided. they shall be eligible for employment. The Department of Labor and Employment shall likewise design and conduct training programs geared towards providing disabled persons with skills for livelihood. That their handicap is not as much as to effectively impede the performance of job operations in the particular occupation for which they are hired. 7. Sec. 9.

— The State shall provide disabled persons with training in civics. Assistance to Disabled Students. At least five percent (5%) of the allocation for the Private Education Student Financial Assistance Program created by virtue of R. Sec. . It shall develop and implement sports and physical fitness programs specifically designed for disabled persons taking into consideration the nature of their handicap. The Department of Education. (b) the development of training materials for vocational rehabilitation and special education instructions. physical education requirements. where viable. 17. It shall take appropriate steps to make such education accessible to all disabled persons. Sec. Local government units may likewise appropriate counterpart funds to supplement national funds. — If viable and needed. — The State shall provide financial assistance to economically marginalized but deserving disabled students pursuing post secondary or tertiary education. (c) the research Sec. Vocational or Technical and Other Training Programs. It shall provide adequate resources for non-formal education programs and projects that cater to the special needs of disabled persons. The National Government shall allocate funds necessary for the effective implementation of the special education program nationwide.chanrobles virtual law library The State shall take into consideration the special requirements of disabled persons in the formulation of educational policies and programs. — The State shall establish.A. 6725 shall be set aside for disabled students pursuing vocational or technical and degree courses. It shall also establish. and other incentives to qualified disabled students in both public and private schools. State Universities and Colleges. hearing impaired. and other skills. Sec. cities or municipalities. especially higher learning institutions of auxiliary services that will facilitate the learning process for disabled persons. 13. sports and physical fitness. Special Education. vocational efficiency. Culture and Sports shall establish. — The State shall ensure that disabled persons are provided with access to quality education and ample opportunities to develop their skills. the State University or State College in each region or province shall be responsible for (a) the development of material appliances and technical aids for disabled persons. subsidies. Non-Formal Education.chanrobles virtual law library The State shall also promote the provision by learning institutions. mentally retarded persons and other types of exceptional children in all regions of the country. Sec. 15.63 CHAPTER II EDUCATION adequate and integrated system of special education for the visually impaired. Access to Quality Education. Sec. 16. It shall encourage learning institutions to take into account the special needs of disabled persons with respect to the use of school facilities. and other pertinent consideration. — The State shall develop non-formal education programs intended for the total human development of disabled persons. class schedules. Such assistance may be in the form of scholarship grants. maintain and support complete. 12. It shall be unlawful for any learning institution to deny a disabled person admission to any course it offers by reason of handicap or disability. the Department of Education. Braille and Record Libraries in provinces. Culture and Sports shall establish in at least one government-owned vocational and technical school in every province a special vocational and technical training program for disabled persons. special education classes in public schools in cities. 14. Toward this end. or municipalities. student loan programs.

and the elimination of social barriers and discrimination against disabled persons. to municipal health centers. (b) recognition and early diagnosis of disability. CHAPTER III HEALTH Sec. and orthopedicallyimpaired students. It shall further ensure that its field health units have the necessary capabilities to fit prosthetic and orthotic appliances on disabled persons. environmental protection and preservation. It shall likewise allocate the necessary funds in support of the above. Sec. — The State shall protect and promote the right to health of disabled persons and shall adopt an integrated and comprehensive approach to their health development which shall make essential health services available to them at affordable cost. — The Department of Health shall establish medical rehabilitation centers in government provincial hospitals. The National Government shall provide these state universities and colleges with necessary special facilities for visually-impaired. speech-impaired. whether occurring prenatally or postnatally. speech-impaired. — The State shall ensure that marginalized persons are provided with the necessary auxiliary services that will restore their social functioning and participation in community affairs. National Health Program. chan robles virtual law library The Department of Health shall formulate and implement a program to enable marginalized disabled persons to avail of free rehabilitation services in government hospitals. — The Department of Health in coordination with the National Council for the Welfare of Disabled Persons. 18. and orthopedically-impaired students.chanrobles virtual law library Sec. 19. It shall also train its field health personnel in the provision of medical attention to disabled persons. The National Government shall provide an integrated health service for disabled persons which shall include. the Department of Social Welfare and Development shall develop and implement programs on auxiliary social services that respond to the needs of marginalized disabled . shall institute a national health program which shall aim to attain the following:chanroblesvirtualawlibrary (a) prevention of disability. particularly of the visuallyimpaired. 20. and (d) inclusion of the Special Education for Disabled (SPED) course in the curriculum. 21. Health Services. and shall include in its annual appropriation the necessary funds for the operation of such centers. and early detection of disability and timely intervention to arrest disabling condition. and multi-handicapped and others. mentally retarded. the following: (a) prevention of disability through immunization. and (b) medical treatment and rehabilitation. CHAPTER IV AUXILIARY SOCIAL SERVICES The Department of Health shall field medical personnel specializing in the treatment and rehabilitation of disabled persons to provincial hospitals and. hearing-impaired. nutrition. Sec. Rehabilitation Centers. but not limited to. when viable. hearingimpaired.64 on special problems. Towards this end. and (c) early rehabilitation of the disabled. and genetic counseling. Auxiliary Social Services.

Broadcast Media. further. neglected. and (b) aids and orthopedic devices for the disabled sent by abroad by mail for repair: Provided.65 persons. That the disabled person is a marginalized disabled as certified by the Social Welfare and Development Office of the local government unit concerned or the Department of Social Welfare and Development.chanrobles virtual law library Sec. orientation and mobility and strengthening daily living capability. orthopedic and other devices. — Television stations shall be encouraged to provide a sign— language inset or subtitles in at least one (1) newscast program a day and special programs covering events of national significance. Barrier-Free Environment. 24. and teaching aids for the use of the disabled sent by mail within the Philippines and abroad. Telephone Services. The national and local governments shall allocate funds for the provision of architectural . — All telephone companies shall be encouraged to install special telephone devices or units for the hearingimpaired and ensure that they are commercially available to enable them to communicate through the telephone system. otherwise known as the "Accessibility Law". (c) development among disabled persons of a positive self-image through the provision of counseling. That the aforesaid items are for personal purposes only: Provided.chanrobles virtual law library Sec. Free Postal Charges for the Disabled. abused and unattached disabled persons who need custodial care. (e) provision of substitute family care services and the facilities therefor for abandoned. — Postal charges shall be free on the following: (a) articles and literatures like books and periodicals. The components of such a program shall be as follows: (a) assistance in the acquisition of prosthetic devices and medical intervention of specialty services. and (g) provision of day care services for disabled children of pre-school age. CHAPTER V TELECOMMUNICATIONS Sec. — 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. (d) provision of family care services geared towards developing the capability of families to respond to the needs of the disabled members of the family. 22.chanrobles virtual law library CHAPTER VI ACCESSIBILITY Sec. 25. 23. (f) provision of after care and follow-up services for the continued rehabilitation in a community-based setting of disabled persons who were released from residential care or rehabilitation centers. (b) provision of specialized training activities designed to improve functional limitations of disabled persons related to communication skills.

National line agencies and local government units shall assist disabled persons in setting up specific projects that will be managed like business propositions. Implementing Rules and Regulations. — Disabled persons shall be allowed to be assisted by a person of his choice in voting in the national or local elections. 31. their organizations shall be encouraged to participate in the planning. Polling places should be made accessible to disabled persons during national or local elections. the State shall recognize the right of disabled persons to participate in processions. 27. instrumentalities and subdivisions. Organizations of disabled persons shall participate in the identification and preparation of programs that shall serve to develop employment opportunities for the disabled persons. System of Voting. Sec. 30. parades. — The Department of Transportation and Communications shall formulate the rules and regulations necessary to implement the provisions of this Chapter. Access to Public Transport Facilities. Right to Assemble. 26. rallies. public meetings. demonstrations.chanrobles virtual law library Sec. shall assist disabled persons in establishing selfhelp organizations by providing them with necessary technical and financial assistance. Disabled persons shall be allowed to drive motor vehicles. through its agencies. contents of the ballot prepared by him. The "Accessibility Law". The person assisting shall bind himself in a formal document under oath to fill out the ballot strictly in accordance with the instructions of the voter and not to reveal the . To ensure the active participation of disabled persons in the social and economic development of the country. Concerned government agencies and offices shall establish close linkages with organizations of the disabled persons in order to respond expeditiously to the needs of disabled persons. The said department shall also allocate such funds as may be necessary for the effective implementation of the public transport program for the disabled persons. The National Government. shall be made suppletory to this Act. The person thus chosen shall prepare the ballot for the disabled voter inside the voting booth. 28. Right to Organize. Such assistance may be in the form of subsidized transportation fare.66 facilities or structural features for disabled persons in government buildings and facilities. Sec. — 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. Sec. — The State recognizes the right of disabled persons to form organizations or associations that promote their welfare and advance or safeguard their interests. — Consistent with the provisions of the Constitution. Violation of this provision shall constitute an election offense. — The State shall promote the mobility of disabled persons. as amended. and assemblages or other forms of mass or concerned action held in public. Sec. organization and management of government programs and projects for disabled persons. subject to the rules and regulations issued by the Land Transportation Office pertinent to the nature of their disability and the appropriate adaptations or modifications made on such vehicles. CHAPTER VII POLITICAL AND CIVIL RIGHTS Sec. 29. Mobility.

Sec. employee compensation. (b) Using qualification standards. That the employer first sought to provide reasonable accommodations for disabled persons. job training. (c) Utilizing standards. criteria. employment tests or other selection criteria that screen out or tend to screen out a disabled person unless such standards. Discrimination on Employment. (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. (d) Providing less compensation. or methods of administration that: (1) have the effect of discrimination on the basis of disability. and (i) Excluding disabled persons from membership in labor unions or similar organizations. — Upon an offer of employment. whether public or private. 33. (f) Re-assigning or transferring a disabled employee to a job or position he cannot perform by reason of his disability. aptitude or other factor of the disabled applicant or employee that such tests purports to measure. (h) Failing to select or administer in the most effective manner employment tests which accurately reflect the skills. That:chanroblesvirtualawlibrary (1) supervisors and managers may be informed regarding necessary restrictions on the work or . if any. however. conditions. training opportunities. or discharge of employees. the hiring. — No entity. Sec. on the following occasions: (a) all entering employees are subjected to such an examination regardless of disability. a disabled applicant may be subjected to medical examination. The following constitute acts of discrimination: (a) Limiting. shall discriminate against a qualified disabled person by reason of disability in regard to job application procedures. wage or other forms of remuneration and fringe benefits. segregating or classifying a disabled job applicant in such a manner that adversely affects his work opportunities. tests or other selection criteria are shown to be job-related for the position in question and are consistent with business necessity. however. (g) Dismissing or terminating the services of a disabled employee by reason of his disability unless the employer can prove that he impairs the satisfactory performance of the work involved to the prejudice of the business entity: Provided. Employment Entrance Examination. solely on account of the latter's disability. 32. Provided. manual or speaking skills of such applicant or employee. or (2) perpetuate the discrimination of others who are subject to common administrative control. such as salary.67 TITLE III PROHIBITION ON DISCRIMINATION AGAINST DISABLED PERSONS CHAPTER I DISCRIMINATION ON EMPLOYMENT (e) Favoring a non-disabled employee over a qualified disabled employee with respect to promotion. promotion. study and scholarship grants. than the amount to which a non-disabled person performing the same work is entitled. by reason of his disability. and privileges of employment. to a qualified disabled employee. rather than the impaired sensory. and other terms.

or other place of public gathering. undergraduate. bar. (b) a restaurant. professional office of a health care provider. funeral parlor. or post-graduate private school. — It shall be considered discrimination for the franchisees or operators and personnel of sea. 34. convention center. (j) a nursery. 36. theater. depot. amusement park. leases.chan robles virtual law library (2) first aid and safety personnel may be informed. office of a lawyer. (d) an auditorium. (g) a terminal. stadium. if the disability may require emergency treatment. or other place of recreation. hospital or other service establishment. hotel. or operates a place of public accommodation. Sec. or other establishment serving food or drink. insurance office. CHAPTER III DISCRIMINATION ON THE USE OF PUBLIC ACCOMMODATIONS AND SERVICES Sec. The following constitute acts of discrimination: . (f) a bank. land. and (4) the results of such examination are used only in accordance with this Act. his orthopedic devices. or other sales or rental establishment. or other station used for specified public transportation. public accommodations and services shall include the following:chanroblesvirtualawlibrary (a) an inn. barber shop. or other place of lodging. Public Transportation. advantages or accommodations of any place of public accommodation by any person who owns. library or other place of public display or collection. travel service. elementary. (k) a gymnasium. gas station. health spa. shopping center. services. motel. and merchandise by reason of his disability. (h) a museum. or (l) other place of exercise or recreation. or other place of education. (3) government officials investigating compliance with this Act shall be provided relevant information on request. when appropriate. — (a) No disabled person shall be discriminated on the basis of disability in the full and equal enjoyment of the goods. golf course. 35. pharmacy. or other place of exhibition or entertainment. and air transportation facilities to charge higher fare or to refuse to convey a passenger. Sec. except for an establishment located within a building that contains not more than five (5) rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor. (i) a park. Discrimination on the Use of Public Accommodations. gallery. grocery store. facilities. (e) a bakery.68 duties of the employees and necessary accommodations. hardware store. lecture hall. beauty shop. privileges. concert hall. Public Accommodations and Services. personal effects. bowling alley. CHAPTER II DISCRIMINATION ON TRANSPORTATION (c) a motion picture. zoo. secondary. — For purposes of this Chapter.

accommodations or other opportunities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association. services. facilities. advantage. when such modifications are necessary to afford such goods. licensing. licensing or other arrangement. privilege. licensing. or accommodations being offered. facilities. unless such criteria can be shown to be necessary for the provision of the goods. advantages. directly or through contractual. on the basis of his disability. directly or through contractual. or other opportunity that is as effective as that provided to others. privilege. or other arrangement. (3) failure to take such steps as may be necessary to ensure that no individual with a disability is excluded. privileges. advantage or For purposes of this Section. (2) a failure to make reasonable modifications in policies. the following shall be considered as discriminatory: (1) the imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class or individuals with disabilities from fully and equally enjoying any goods. privileges. and accommodations shall be afforded to individual with a disability in the most integrated setting appropriate to the needs of the individual. services. facility. (e) Prohibitions — For purposes of this Section. advantages. or procedures. with a good. an individual with a disability shall not be denied the opportunity . unless the entity can demonstrate that making such modifications would fundamentally alter the nature of the goods. segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services. or accommodations. or accommodations. and (3) providing a disabled person. facilities. (d) Association — It shall be discriminatory to exclude or otherwise deny equal goods. or accommodation that is not equal to that afforded to other able-bodied persons. licensing. denied services. with the opportunity to participate in or benefit from a good service. or other arrangement. facilities. facilities. the opportunity to participate in or benefit from the goods. privileges. to participate in such programs or activities that are not separate or different. advantages. privilege. facility. services. advantages. services. service. or accommodation that is different or separate form that provided to other able-bodied persons unless such action is necessary to provide the disabled person with a good. (c) Opportunity to Participate — Notwithstanding the existence of separate or different programs or activities provided in accordance with this Section. or accommodation. facilities.69 (1) denying a disabled person. privileges. (2) affording a disabled person. the term "individuals or class of individuals" refers to the clients or customers of the covered public accommodation that enters into the contractual. unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good. on the basis of his disability. facility. or other arrangement. privileges. advantage. service. services. advantages. facility. or accommodations of an entity by reason of his disability. privileges. facilities. practices. or accommodations to individuals with disabilities. directly or through contractual. services. advantages. (b) Integrated Settings — Goods. service. privileges. privilege. services. advantage.

Tax Incentives. 41. in existing facilities. as they. by marginalized disabled persons during their social. advantages. as amended and other relevant laws and international agreements. Sec. 38. Use of Government Recreational or Sports Centers Free of Charge. where such removal is readily achievable. Implementing Rules and Regulations. Section 103 of the NIRC. The Government shall sponsor a volunteer service program which shall harness the involvement of private individuals in the provision of assistance to disabled persons. — Nongovernment organizations or private volunteer organizations dedicated to the purpose of promoting and enhancing the welfare of disabled persons shall. 42. subsidy or financial aid which may be made to government agencies engaged in the rehabilitation of disabled persons and organizations of disabled persons shall be exempt from the donor's tax subject to the provisions of Section 94 of the National Internal Revenue Code (NIRC).chanrobles virtual law library TITLE IV FINAL PROVISIONS Sec. as amended. 39. National . 40. Sec. and (5) where an entity can demonstrate that the removal of a barrier under clause (4) is not readily achievable. (4) a failure to remove architectural barriers. Sec. — Local government units shall promote the establishment of organizations of disabled persons in their respective territorial jurisdictions. become partners of the Government in the implementation of vocational rehabilitation measures and other related programs and projects.70 accommodation being offered or would result in undue burden. — (a) Any donation.chanrobles virtual law library Sec. are hereby encouraged. a failure to make such goods. privileges. their participation in the implementation of said measures. or accommodations available through alternative methods if such methods are readily achievable. Sec. Housing Program. facilities. 37. physical fitness and the economic and social well-being of disabled persons. sports or recreational activities. — The National Government shall take into consideration in its national shelter program the special housing requirements of disabled persons. and communication barriers that are structural in nature. free of charge. — The Department of Public Works and Highways shall formulate the rules and regulations necessary to implement the provisions of this Chapter. as amended and shall be allowed as deductions from the donor's gross income for purposes of computing the taxable income subject to the provisions of Section 29 (h) of the Code. — Recreational or sports centers owned or operated by the Government shall be used. Accordingly. bequest. Support From Nongovernment Organizations. programs and projects is to be extended all possible support by the Government. Role of National Agencies and Local Government Units. (b) Donations from foreign countries shall be exempt from taxes and duties on importation subject to the provisions of Section 105 of the Tariff and Customs Code of the Philippines.chan robles virtual law library agencies and local government units may enter into joint ventures with organizations or associations of disabled persons to explore livelihood opportunities and other undertakings that shall enhance the health. services.

but not limited. (17) exemption from wharfage dues and any export tax. Continuity Clause. (b) Potential Violations — If the Secretary of Justice has reasonable cause to believe that — . the former shall continue the functions under this Act of the merged department or agency. (2) remittance of earnings. the department or agency established to replace the abolished department or agency shall take-over the functions under this Act of the abolished department or agency.chanrobles virtual law library (c) In case of modification. — (a) Denial of Right (1) Duty to Investigate — the Secretary of Justice shall investigate alleged violations of this Act. and shall undertake periodic reviews of compliance of covered entities under this Act. (15) access to bonded manufacturing/traded warehouse system. to the following: (1) repatriation of investments. (11) simplification of customs procedures. duty. (6) income tax holiday. (7) additional deduction for labor expense. shall enjoy the rights. — Should any department or agency tasked with the enforcement or formulation of rules and regulations and guidelines for implementation of any provision of this Act is abolished. (3) remittance contracts. (9) tax credit on domestic capital equipment. 44. of payments on foreign (a) In case of abolition. (12) unrestricted use of consigned equipment. impost and fee. privileges and incentives as provided in said Code such as.71 (c) Local manufacturing or technical aids and appliances used by disabled persons shall be considered as a preferred area of investment subject to the provisions of Executive Order No. (16) exemption from taxes and duties on imported spare parts. regulations and guidelines for implementation of this Act to the effect that — (4) freedom from expropriations. merged with another department or agency or modified. (8) tax and duty exemption on imported capital equipment. regulations and guidelines for implementation of this Act is merged with another department or agency. (5) freedom from requisition of investment. Enforcement by the Secretary of Justice. as such. (b) In case the department or agency tasked with the enforcement or formulation of rules. (13) employment of foreign nationals. and Sec. 43. (14) tax credit for taxes and duties on raw materials. Sec. the department or agency modified shall continue the functions under this Act of the department or agency that has undergone the modification. such shall not affect the enforcement or formulation of rules. 226 otherwise known as the "Omnibus Investments Code of 1987" and. (10) exemption from contractor's tax.

00) but not exceeding Two hundred thousand pesos (P200. — This Act shall take effect fifteen (15) days after its publication in any two (2) newspapers of general circulation. but not more than Fifty thousand pesos (P50. 47. practice or procedure. or both at the discretion of the court. Penal Clause. presidential decrees. Sec. organization or any similar entity. Effectivity. Sec. — The court may grant any equitable relief that such court considers to be appropriate. including. and such action shall not affect the enforceability of the remaining provisions of this Act. Authority of Court. Repealing Clause. and (c) making facilities readily accessible to and usable by individuals with disabilities. 48. or both at the discretion of the court.00).000. Sec.000. — The amount necessary to carry out the provisions of this Act shall be included in the General Appropriations Act of the year following its enactment into law and thereafter. 46. (d) If the violator is an alien or a foreigner.00) or imprisonment of not less than six (6) months but not more than two (2) years. or alternative method.000.000. and (2) for any subsequent violation. — Should any provisions of this Act be found unconstitutional by a court of law. to the extent required by this Act: (a) granting temporary. preliminary or (b) Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than six (6) months or a fine of not less than Five thousand pesos (P5. Appropriations. — (a) Any person who violates any provision of this Act shall suffer the following penalties:chanroblesvirtualawlibrary (1) for the first violation. 50.chanrobles virtual law library Sec. Sec. or (2) any person or group or persons has been discriminated against under this Act and such discrimination raises an issue of general public importance. Sec. he shall be deported immediately after service of sentence without further deportation proceedings. the officials thereof directly involved shall be liable therefor. a fine of not less than Fifty thousand pesos (P50. a fine of not less than One hundred thousand pesos (P100. (b) providing an auxiliary aid or service. executive orders and rules and regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly. the Secretary of Justice may commence a legal action in any appropriate court. Separability Clause. such provisions shall be severed from the remainder of the Act. modification of policy. — All laws.000. at the discretion of the court. 49. permanent relief.000.chanrobles virtual law library .00) or imprisonment for not less than two (2) years but not more than six (6) years. (c) If the violator is a corporation. 45.00) but not exceeding One hundred thousand pesos (P100.72 (1) any person or group of persons is engaged in a pattern or practice of discrimination under this Act.00). or both.

(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. grants. restaurants and recreation centers for the exclusive use or enjoyment of persons with disability. in accordance with the rules and regulations to be issued by the DOH. AND FOR OTHER PURPOSES" Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. with new Sections 32 and 33. but not limited to x-rays. financial aids. circuses. subject to guidelines to be issued by the Department of Health (DOH). A new chapter. tertiary. 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.73 ANNEX D REPUBLIC ACT NO. 32. 7277. (b) A minimum of twenty percent (20%) discount on admission fees charged by the theaters. secondary. In both public and private schools. and professional fees of attending doctors in all private hospitals and medical facilities. otherwise known as the "Magna Carta for Disabled Persons". carnivals and other similar places of culture. concert halls. (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. (h) Educational assistance to persons with disability. 9442 April 30. post tertiary. Other Privileges and Incentives" is hereby added to Title Two of Republic Act No. 2007 AN ACT AMENDING REPUBLIC ACT NO. leisure and amusement for the exclusive use or enjoyment of persons with disability. 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. OTHERWISE KNOWN AS THE "MAGNA CARTA FOR DISABLED PERSONS. . in all government facilities. to read as follows: "CHAPTER 8. to be denominated as "Chapter 8. for them to pursue primary. 7277. through the provision of scholarships. as well as vocational or technical education. skyways and bus fare for the exclusive use and enjoyment of persons with disability. cinema houses. (g) At least twenty percent (20%) discount in public railways. in coordination with the PHILHEALTH. Other Privileges and Incentives "SEC. computerized tomography scans and blood tests.

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). and (k) Provision of express lanes for persons with disability in all commercial and government establishments. and PAG-IBIG. (j) To the extent possible. (c). Incentives. that persons with disability shall meet minimum admission requirements. (e). (f) and (g) as tax deductions based on the net cost of the goods sold or services rendered: provided. . including support for books.Those caring for and living with a person with disability shall be granted the following incentives. 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 Agriculture (DA)." "SEC. The establishments may claim the discounts granted in sub-sections (a). in the absence thereof. and uniform allowance to the extent feasible: provided.74 subsidies and other incentives to qualified persons with disability. (b). further. learning materials. Social Security System (SSS). as amended. as amended and as such. and . as the case may be. as are enjoyed by those in actual service. however. priority shall be given to them. individual taxpayers caring for them shall be accorded the privileges granted by the code Insofar as having dependents under the same section are concerned. (a) persons with disability shall be treated as dependents under Section 35(A) of the National Internal Revenue Code. 33. or (III) Transportation discount fare Identification Card (ID) issued by the National Council for the Welfare of Disabled Persons (NCWDP). the continuance of the same benefits and privileges given by the Government Service Insurance System (GSIS). 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 the barangay captain of the place where the person with disability resides. That the total amount of the claimed tax deduction net of valueadded tax if applicable. That the cost of the discount shall be allowed as deduction from gross income for the same taxable year that the discount is granted: provided. The privileges may not be claimed if the persons with disability 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. (i) To the extent practicable and feasible. (II) The passport of the persons with disability concerned.

vilification shall be defined as: (a) the utterance of slanderous and abusive statements against a person with disability." SEC. 2. "SEC.000. . 42.000." SEC. and (ii) Priority in the building and/or maintenance of provincial or municipal roads leading to the aforesaid home residential community or retirement village. a fine of not less than One hundred thousand pesos (P100. 41. and/or (b) An activity in public which incites hatred towards serious contempt for. No individual.000. Public Ridicule . chapters 1 and 2 and Sections 39.00) . Penal Clause. 46. 3. 7277 is hereby amended to read as follows: "SEC.00) but not exceeding One hundred thousand pesos (P100. group or community is hereby prohibited from vilifying any person with disability which could result into loss of selfesteem of the latter. 40. or severe ridicule of persons with disability.000. 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." "SEC. Republic Act No. Deliverance from Vilification "SEC.00) but not exceeding Two hundred thousand pesos (P200. 41 and 42 to read as follows: "Title Four Prohibitions on Verbal.00) or imprisonment of not less than six months but not more than two years. and (2) For any subsequent violation. "CHAPTER 2. Any individual. public ridicule shall be defined as an act of making fun or contemptuous initiating or making mockery of persons with disability whether in writing or in words. 39.For purposes of this chapter. Deliverance from Public Ridicule. 7277 is hereby amended by inserting a new title. Non-verbal Ridicule and VilificationAgainst Persons with Disability "CHAPTER 1.75 (b) Individuals or nongovernmental institutions establishing homes. 40. . chapter and section after Section 38 to be denominated as Title 4.For purposes of this Chapter. 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 selfesteem of the latter. Vilification. (a) Any person who violates any provision of this Act shall suffer the following penalties: (1) For the first violation. Section 46 of Republic Act No. "SEC. or both at the discretion of the court. or in action due to their impairment/s. a fine of not less than Fifty thousand pesos (P50.

the National Council for the Welfare of Disabled Persons. at the discretion of the court. The title of Republic Act No. or both. or both at the discretion of the court.000. . (c) If the violator is a corporation organization or any similar entity. 7277 is hereby amended to read as the "Magna Carta for Persons with Disability". the officials thereof directly involved shall be liable therefore. (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 (P5.76 or imprisonment for not less than two years but not more than six years. 6.00). (d) If the violator is an alien or a foreigner. and after notice and hearing the proper authorities may also cause the cancellation or revocation of the business permit.000. SEC. organizations. but not more than Fifty thousand pesos (P50. SEC." Sec. and the Bureau of Internal Revenue. 5. in consultation with the concerned Senate and House committees and other agencies. he shall be deported immediately after service of sentence without further deportation proceedings. establishments shall formulate an agencies. franchise and other similar privileges granted to any business entity that fails to abide by the provisions of this Act. organizations. The Department of Social Welfare and Development.00). This Act shall take effect fifteen (15) days after its publication in any two newspapers of general circulation. and all references on the said law to "disabled persons" shall likewise be amended to read as "persons with disability". establishments shall formulate an implementing rules and regulations pertinent to the provisions of this Act within six months after the effectivity of this Act. 4. permit to operate. Upon filing of an appropriate complaint.

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