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The Magna Carta of Disabled Persons (R.A 7277), (R.A 9442), and (R.

A 10754) indicates
“the state is duty-bound to recognize the rights, protect, and support PWDs through
various social systems.”

The government is giving PWD ID card for disabled and impaired people that can be
presented in various government agencies, services, and establishments for specified
transactions.

PWD ID is a valid identification card given to Persons with Disability (PWD) that can be
used to avail discount and privileges.

A. Here are the qualifications to acquire PWD ID:


§ Physical/Orthopedic Disability
§ Visual Impairment
§ Hearing Impairment
§ Speech Impairment
§ Intellectual Disability
§ Psychosocial Disability (includes people with ADHD, bipolar disorder, long-
term recurring depression, nervous breakdown, epilepsy, schizophrenia, and
other long-term recurring mental or behavioral problems)

Application
(National Council on Disability Affairs(NCDA) Administrative Order No. 001
Series of 2008)

INSTITUTIONAL ARRANGEMENTS
A. The Local Government Unit of the City or Municipal Office shall implement
these guidelines in the issuance of the PWD-IDC.
B. The City or Municipal Social Welfare and Development Office shall:
1. Reproduce/Print the PWD-RFs to be filled out by the PWDs in accordance with
the DOH Philippine Registry Form for Persons With Disability.
2. Reproduce/Print the PWD-IDCs.
3. Distribute the PWD-IDCs to their respective city executive’s office,
municipalities, or barangays who shall take custody of the ID cards.
4. Enter or encode the data from the approved PWD-RF as forwarded by the City
or Municipal Mayor, or Barangay Captain.

C. PWD-RFs or application forms can be obtained from any of the following


registration centers or means:
1. Office of the Mayor
2. Office of the Barangay Captain
3. NCDA or its regional counterpart
4. DSWD offices
5. Participating organizations with Memorandum of Agreements with the DOH
6. DOH Online Registration – www.doh.gov.ph/pwd_registry

D. Issuance of the appropriate document to confirm the medical condition of the


applicant is as follows:

-Disability Document Issuing Entity


-Apparent Disability Medical Certificate Licensed Private or Government
Physician
-School Assessment Licensed Teacher duly signed by the School Principal
Certificate of Disability
• Head of the Business Establishment
• Head of Non-Government Organization
-Non-Apparent Disability Medical Certificate Licensed Private or Government
Physician

E. PWD Registration Forms and ID Cards shall be issued and signed by the City
or Municipal Mayor, or Barangay Captain. The City or Municipal Mayor, or
Barangay Captain shall:

1. Use the NSCB Philippine Standard Geographic Code and sequential numbering
system in the issuance of the PWD ID Number. Format is <> where:
RR = 2-digits Region Code BBB = 3-digits Barangay Code
MM = 2-digits Municipality Code NNN = 3-digits Sequential No.
PP = 2-digits Province Code

VALIDITY AND RENEWAL OF THE PIC


1. The PIC issued to the PWD shall be valid for three (3) years.
2. The initial PIC is free of charge.
3. Renewal due to expiration, loss or damage shall be charged a minimal fee for the new
PIC.

B. Benefits

20% discount and VAT exemption (RA 9442 Section 1 & RA 10754)
§ Hotels, restaurants, and recreational centers
§ Cinemas, concert halls or any cultural, leisure or amusement place admission
fees
§ Medicines from all drugstores
§ Medical and dental services (both diagnostic and laboratory fees)
§ Domestic travel (via sea or air)
§ Transportation fees (jeepney, bus, train, taxi, Uber, Grab, etc.)
§ Funeral and burial services
§ Skyway and toll way fees

5% discounts on basic necessities: (DTI Joint Administrative Order 17-1)


§ Rice, Corn, Bread
§ Canned marine and meat products
§ Fresh meat including pork, beef, and chicken
§ Fresh eggs, milk, infant formulas and other dairy products
§ Fresh vegetables, root crops, onion, garlic
§ Coffee, sugar, salt, cooking oil, noodles
§ Laundry soap, diapers, detergent
§ Candles, charcoal, firewood
§ Veterinary products including swine, poultry, and cattle feeds and product
§ Nipa, shingles, ply board, construction nails
§ Batteries, electrical supplies, light bulbs, steel wire

Note: Purchases should not exceed P1, 300 a week to avail of the 5% discount.

Education Assistance
§ Primary, secondary or tertiary
§ Private, public, vocational or technical educational establishments
§ Discount from National bookstore

Government Benefits
§ GSIS, SSS and Pag-IBIG
§ P15,000 worth of benefits from PhilHealth
§ Exclusive public attorneys
§ P25,000 deduction of annual income tax deduction to relatives up to fourth civil
degree living and caring for the PWD

Free Movies (Monday & Tuesday Only)


§ However, there are times that this varies to the mall or the city allowing PWDs to
watch until 5PM
§ Only 2 movies a day are allowed
§ This does not include 3D and IMAX
C. Penalties

RA 7277 as amended by RA 9442

SEC. 3. Section 46 of Republic Act No. 7277 is hereby amended to read as follows:
"SEC. 46. Penal Clause. -
(a) Any person who violates any provision of this Act shall suffer the following penalties:
(1) For the first violation, a fine of not less than Fifty thousand pesos (P50,000.00)
but not exceeding One hundred thousand pesos (P100,000.00) or imprisonment of not
less than six months but not more than two years, or both at the discretion of the court;
and
(2) For any subsequent violation, a fine of not less than One hundred thousand
pesos (P100,000.00) but not exceeding Two hundred thousand pesos (P200,000.00) or
imprisonment for not less than two years but not more than six years, or both at the
discretion of the court.

(b) Any person who abuses the privileges granted herein shall be punished with
imprisonment of not less than six months or a fine of not less than Five thousand pesos
(P5,000.00), but not more than Fifty thousand pesos (P50,000.00), or both, at the discretion
of the court.
(c) If the violator is a corporation organization or any similar entity, the officials thereof
directly involved shall be liable therefore.

(d) If the violator is an alien or a foreigner, he shall be deported immediately after service
of sentence without further deportation proceedings.

Upon filing of an appropriate complaint, and after notice and hearing the proper
authorities may also cause the cancellation or revocation of the business permit, permit
to operate, franchise and other similar privileges granted to any business entity that fails
to abide by the provisions of this Act."

SOUTHERN LUZON DRUG CORPORATION vs. DSWD GR 199669 April 25, 2017

Petitioners assailed the constitutionality of the 20% discount granted to senior citizens
and person with disability as provided by RA 9257 and RA 9442. Supreme Court held
that the law recognizes the important role of the private sector in the improvement of the
welfare of senior citizens and to actively seek their partnership. The law is a legitimate
exercise of police power which, similar to the power of eminent domain, has general
welfare for its object. It is the most essential, insistent and the least limitable of powers,
extending as it does to all the great public needs. The power vested in the legislature by
the constitution to make, ordain, and establish all manner of wholesome and reasonable
laws, statutes, and ordinances, either with penalties or without, not repugnant to the
constitution, as they shall judge to be for the good and welfare of the commonwealth, and
of the subjects of the same. When the conditions so demand as determined by the
legislature, property rights must bow to the primacy of police power because proper
rights, though sheltered by due process, must yield to general welfare.
II. RIGHTS OF PWD’S UNDER RA 7277 (as amended)

A. Right to employment
The PWD’s have the right to be employed in the same way as able-bodied people
are as long as he can perform the work. Those who employ PWDs also have their
own incentives:

(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, adequate incentives shall be provided to private
entities which employ disabled persons.

(b). Private entities that employ disabled persons who meet the required
skills or qualifications, either as a regular employee, apprentice or learner,
shall be entitled to an additional deduction from their gross income,
equivalent to twenty-five percent (25%) of the total amount paid as salaries
and wages to disabled persons: Provided, however, That such entities
present proof as certified by the Department of Labor and Employment that
disabled persons are under their employ. Provided, further, That the
disabled employee is accredited with the Department of Labor and
Employment and the Department of Health as to his disability, skills and
qualifications.

(c). Private entities that improved 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,
equivalent to fifty percent (50%) of the direct costs of the improvements or
modifications. This section, however, does not apply to improvements or
modifications of facilities required under Batas Pambansa Bilang 344.

1. Equal Opportunity for employment

No disabled persons shall be denied access to opportunities for suitable


employment. They are subject to the same terms and conditions of
employment, compensation, privileges, benefits, and/or allowances like
that of an able-bodied person. Five percent (5%) of casual, emergency and
contractual positions shall be reserved for PWDs in government agencies,
offices or corporations engaged in social development.

2. Sheltered Employment

The PWD’s have the right to be provided work that accommodates his
disability. Sheltered employment is an arrangement where those who aren't
capable of working in a competitive setting are provided with work in work
sites or centers exclusive to PWDs. The work usually involves vocational
programs. The State is responsible for providing such centers if some PWDs
experience a lack of opportunities and suitable employment. The end goal
is to enable them to work in integrated work spaces.

3. Apprenticeship

PWD’s have the right to be hired as an apprentice granting that he can


perform the job. Subject to the provisions of the Labor Code as amended,
disabled persons shall be eligible as apprentices or learners; Provided, That
their handicap is not much as to effectively impede the performance of job
operations in the particular occupation for which they are hired; Provided,
further, That after the lapse of the period of apprenticeship if found
satisfactory in the job performance, they shall be eligible for employment.

4. Vocational Rehabilitation

The PWD have the right to be trained in order to develop skills for
employment. The Department of Social Welfare and Development (DSWD)
shall design and implement training programs that will provide disabled
persons with vocational skills to enable them to engage in livelihood
activities or obtain gainful employment. The Department of Labor and
Employment shall likewise design and conduct training programs geared
towards providing disabled persons with skills for livelihood.

5. Vocational Guidance and Counselling

The have the right to be trained for advancement in employment. [DSWD]


shall ensure the availability and training counsellors and other suitability
qualified staff responsible for the vocational guidance and counselling of
disabled persons.
Aside from these, PWDs also have the right to supporting aids and services
in and out of the workplace, which are listed in Chapter 1, Section 5 of
Republic Act 7277. Some relevant ones to those who are employed are the
following:

 acquisition or modification of equipment or devices;


 other similar services and actions or all types of aids and services
that facilitate the learning process of people with mental disability;
 Reasonable Accommodation include (1) improvement of existing
facilities used by employees in order to render these readily
accessible to and usable by disabled persons; and (2) modification of
work schedules, reassignment to a vacant position, acquisition or
modification of equipment or devices, appropriate adjustments or
modifications of examinations, training materials or company
policies, rules and regulations, the provisions of auxiliary aids and
services, and other similar accommodations for disabled persons

(Authority: 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 Disabled Persons
(NCWDP))

B. Education

1. Access to Quality Education

The State shall take into consideration the special requirements of disabled
persons in the formulation of education policies and programs. It shall
encourage learning institutions to take into account the special needs of
disabled persons with respect to the use of school facilities, class schedules,
physical education requirements and other pertinent consideration.

2. Assistance to Disabled Students


Such assistance may be in the form of scholarship grants, student loan
programs, subsidies, and other incentives to qualified disabled students in
both public and private schools.

3. Special Education
Towards this end, the Department of Education, Culture and Sports shall
establish special education classes in public schools in cities, or
municipalities. It shall also establish, where viable, Braille and Record
Libraries in provinces, cities or municipalities.
4. Vocational or Technical and Other Training Programs
The Department of Education, 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.
5. State Universities and Colleges
If viable and needed, the State Universities or State Colleges in each region
or province shall be responsible for
(a) the development of material appliances and technical aids for
disabled persons;
(b) the development of training materials for vocational
rehabilitation and special education instructions; and
(c) the research on special problems, particularly of the visually-
impaired, hearing-impaired, and orthopedically-impaired students,
mentally retarded, and multi-handicapped and other, and the
elimination of social barriers and discrimination against disabled
persons; and
(d) inclusion of the Special Education for Disabled (SPED) course in
the curriculum.

(Authority: Department of Education)

C. Health
1. National Health Program
2. Rehabilitation Centers
3. Health Services

(Authority: Department of Health)

D. Auxiliary Social Services


Toward this end, the Department of Social Welfare and Development shall
develop and implement programs on auxiliary social services that respond to the
needs of marginalized disabled persons. The components of such a program shall
be as follows:
(a). assistance in the acquisition of prosthetic devices and medical
intervention of specialty services;
(b). provision of specialized training activities designed to improve
functional limitations of disabled persons related to communications skills;
(c). development among disabled persons of a positive self-image through
the provision of counselling, orientation and mobility and strengthening
daily living capability;
(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;
(e). provision of substitute family care services and the facilities therefore
for abandoned, neglected, abused and unattached disabled persons who
need custodial care;
(f). provision of aftercare and follow-up services for the continued
rehabilitation in a community-based setting of disabled persons who were
released from the residential care or rehabilitation center; and
(g). provision of day care services for disabled children of preschool age.

(Authority: Department of Social Welfare and Development)

E. Telecommunications
1. Broadcast Media
Television stations shall be encouraged to provide a sign language inset or
subtitles in at least one (1) newscast program a day and special program
covering events of national significance.
2. Telephone Services
3. Free Postal Charges for the Disabled

(Authority: Social Welfare and Development Office of the local government


unit concerned or the Department of Social Welfare and Development)

F. Accessibility
1. Barrier-Free Environment
2. Mobility
3. Access to Public Transport Facilities

(Authority: The Department of Transportation and Communications)

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