Professional Documents
Culture Documents
MAGNA CARTA FOR DISABLED PERSONS institutions of auxiliary services that will facilitate
Republic Act No. 7277 the learning process for disabled persons.
The State shall establish, maintain and support
Disabled persons are part of the Philippine complete, adequate and integrated system of
Society; thus, the state shall give full support to the special education for the visually impaired,
improvement of the total well-being of disabled hearing impaired, mentally retarded persons and
persons and their integration into the mainstream
other types of exceptional children in all regions of
of society.
the country.
DISABLED PERSONS- are those suffering from HEALTH - The Department of Health in
restriction or different abilities, as a result of a coordination with the National Council for the
mental, physical or sensory impairment, to perform Welfare of Disabled Persons, shall institute a
an activity in the manner or within the range
national health program which shall aim to attain
considered normal for a human being.
the following:
Disability shall mean: (a) prevention of disability, whether occurring
1. A physical or mental impairment that prenatally or postnatally; (b) recognition and early
substantially limits one or more
diagnosis of disability; and (c) early rehabilitation
psychological, physiological or anatomical
of the disabled.
function of an individual or activities of such
individual; AUXILIARY SOCIAL SERVICES - The State shall
2. a record of such an impairment; ensure that marginalized persons are provided
3. being regarded as having such an with the necessary auxiliary services that will
impairment.
restore their social functioning and participation in
RIGHTS AND PRIVILEGES OF community affairs.
DISABLED PERSONS: TELECOMMUNICATIONS- Television stations
shall be encouraged to provide a sign— language
EMPLOYMENT- No disable person shall be
inset or subtitles in at least one (1) newscast
denied access to opportunities for suitable
program a day and special programs covering
employment.
events of national significance.
Private entities that employ disabled persons who ACCESSIBILITY- The State shall ensure the
meet the required skills or qualifications, either as attainment of a barrier-free environment that will
regular employee, apprentice or learner, shall be
enable disabled persons to have access in public
entitled to an additional deduction, from their gross
and private buildings and establishments and such
income, equivalent to twenty-five percent (25%)
of the total amount paid as salaries and wages other places mentioned in Batas Pambansa Bilang
to disabled persons: Provided, however, That 344, otherwise known as the "Accessibility Law".
such entities present proof as certified by the Disabled persons shall be allowed to drive motor
Department of Labor and Employment that
vehicles, subject to the rules and regulations
disabled persons are under their employ:
issued by the Land Transportation Office pertinent
Provided, further, That the disabled employee is
accredited with the Department of Labor and to the nature of their disability and the appropriate
Employment and the Department of Health as to adaptations or modifications made on such
his disability, skills and qualifications. vehicles.
The Department of Social Welfare and
EDUCATION- The State shall ensure that disabled Development shall develop a program to assist
persons are provided with access to quality marginalized disabled persons gain access in the
education and ample opportunities to develop their use of public transport facilities. Such assistance
skills. may be in the form of subsidized transportation
fare.
The State shall also promote the provision by
learning institutions, especially higher learning
POLITICAL AND CIVIL RIGHTS railways, including light Rail Transit (LRT), Metro
Rail Transit (MRT) and Philippine National
System of Voting — Disabled persons shall be
Railways (PNR); and
allowed to be assisted by a person of his choice in
voting in the national or local elections. (8) On funeral and burial services for the
death of the PWD: Provided, That the beneficiary
Right to Assemble — Consistent with the
or any person who shall shoulder the funeral and
provisions of the Constitution, the State shall
burial expenses of the deceased PWD shall claim
recognize the right of disabled persons to
the discount under this rule for the deceased PWD
participate in processions, rallies, parades,
upon presentation of the death certificate. Such
demonstrations, public meetings, and
expenses shall cover the purchase of casket or
assemblages or other forms of mass or concerned
urn, embalming, hospital morgue, transport of the
action held in public.
body to intended burial site in the place of origin,
but shall exclude obituary publication and the cost
of the memorial lot.
SEC. 32. Persons with disability shall be
entitled to: (b) Educational assistance to PWD, for them to
pursue primary, secondary, tertiary, post tertiary,
(a) At least twenty percent (20%) discount and as well as vocational or technical education, in
exemption from the value-added tax (VAT), if both public and private schools, through the
applicable, on the following sale of goods and provision of scholarships, grants, financial aids,
services for the exclusive use and enjoyment or subsidies and other incentives to qualified PWD,
availment of the PWD: including support for books, learning materials,
(1) On the fees and charges relative to the and uniform allowance to the extent feasible:
utilization of all services in hotels and similar Provided, That PWD shall meet the minimum
lodging establishments; restaurants and recreation admission requirements;
centers; (c) To the extent practicable and feasible, the
(2) On admission fees charged by theaters, continuance of the same benefits and privileges
cinema houses, concert halls, circuses, carnivals given by the Government Service Insurance
and other similar places of culture, leisure and System (GSIS), Social Security System (SSS),
amusement; and Pag-IBIG, as the case may be, as are enjoyed
by those in actual service;
(3) On the purchase of medicines in all
drugstores; (d) To the extent possible, the government may
grant special discounts in special programs for
(4) On medical and dental services PWD on purchase of basic commodities,
including diagnostic and laboratory fees such as, subject to the guidelines to be issued for the
but not limited to, x-rays, computerized purpose by the Department of Trade and Industry
tomography scans and blood tests, and (DTI) and the Department of Agriculture (DA); and
professional fees of attending doctors in all
government facilities, subject to the guidelines to (e) Provision of express lanes for PWD in all
be issued by the Department of Health (DOH), in commercial and government establishments; in
coordination with the Philippine Health Insurance the absence thereof, priority shall be given to them.
Corporation (PhilHealth);
(5) On medical and dental services The abovementioned privileges are available only
including diagnostic and laboratory fees, and to PWD who are Filipino citizens upon
professional fees of attending doctors in all private submission of any of the following as proof of
hospitals and medical facilities, in accordance with his/her entitlement thereto:
the rules and regulations to be issued by the DOH,
in coordination with the PhilHealth; (i) An identification card issued by the city or
municipal mayor or the barangay captain of the
(6) On fare for domestic air and sea travel; place where the PWD resides;
(7) On actual fare for land transportation (ii) The passport of the PWD concerned; or
travel such as, but not limited to, public utility buses
or jeepneys (PUBs/PUJs), taxis, asian utility
vehicles (AUVs), shuttle services and public
(iii) Transportation discount fare Identification (ii) The disabled employee must be accredited with
Card (ID) issued by the National Council for the the Department of Labor and Employment and the
Welfare of Disabled Persons (NCWDP Department of Health as to his disability, skills and
qualifications. [Section 8(b), R.A. No. 7277]
The establishments may claim the
discounts granted in subsection
(a), paragraphs (1), (2), (3), (5), (6), Incentives granted for providing PWD facilities
(7), and (8) as tax deductions Private entities that improved or modify their
based on the net cost of the physical facilities in order to provide reasonable
goods sold or services rendered: accommodation for disabled persons shall also be
Provided, however, That the cost of entitled to an additional deduction from their net
the discount shall be allowed as taxable income, equivalent to fifty percent
deduction from the gross income for (50%) of the direct costs of the improvements
the same taxable year that the or modifications
discount is granted: Provided,
further, That the total amount of the This does not apply to improvements or
claimed tax deduction net of value- modifications of facilities required under Batas
added tax, if applicable, shall be Pambansa Bilang 344.
included in their gross sales receipts
for tax purposes and shall be subject
to proper documentation and to the
provisions of the National Internal EXPANDED SENIOR CITIZENS ACT OF 2010
Revenue Code (NIRC), as amended Republic Act No. 9994
Standard of Treatment – The employer or any (a) Offsetting a day of absence with a particular
member of the household shall not subject a rest day;
domestic worker or "kasambahay" to any kind of
abuse nor inflict any form of physical violence or (b) Waiving a particular rest day in return for an
harassment or any act tending to degrade the equivalent daily rate of pay;
dignity of a domestic worker.
(c) Accumulating rest days not exceeding five (5)
Board, Lodging and Medical Attendance – The days; or
employer shall provide for the basic necessities of
the domestic worker to include at least three (3) (d) Other similar arrangements.
adequate meals a day and humane sleeping
arrangements that ensure safety. Minimum Wage – The minimum wage of
domestic workers shall not be less than the
Guarantee of Privacy – Respect for the privacy of following:
the domestic worker shall be guaranteed at all
times and shall extend to all forms of (a) Two thousand five hundred pesos
communication and personal effects. (P2,500.00) a month for those employed in the
National Capital Region (NCR);
Right to Education and Training – The employer
shall afford the domestic worker the opportunity to (b) Two thousand pesos (P2,000.00) a month
finish basic education and may allow access to for those employed in chartered cities and first
alternative learning systems and, as far as class municipalities; and
practicable, higher education or technical and
vocational training. (c) One thousand five hundred pesos
(P1,500.00) a month for those employed
Prohibition Against Privileged Information – All mother municipalities.
communication and information pertaining to the
employer or members of the household shall be Payment of Wages – Payment of wages shall be
treated as privileged and confidential, and shall not made on time directly to the domestic worker to
be publicly disclosed by the domestic worker whom they are due in cash at least once a month.
during and after employment.
Prohibition Against Withholding of Wages – It
Prohibition on Debt Bondage. – It shall be shall be unlawful for an employer, directly or
unlawful for the employer or any person acting on indirectly, to withhold the wages of the domestic
behalf of the employer to place the domestic worker.
worker under debt bondage.
Leave Benefits – A domestic worker who has
Debt bondage- refers to the rendering of rendered at least one (1) year of service shall be
service by the domestic worker as security or entitled to an annual service incentive leave of
payment for a debt where the length and nature five (5) days with pay: Provided, That any unused
of service is not clearly defined or when the portion of said annual leave shall not be cumulative
value of the service is not reasonably applied in or carried over to the succeeding years. Unused
the payment of the debt. leaves shall not be convertible to cash.
Daily Rest Period – The domestic worker shall be Social and Other Benefits – A domestic worker
entitled to an aggregate daily rest period of eight who has rendered at least one (1) month of service
(8) hours per day. shall be covered by the Social Security System
(SSS), the Philippine Health Insurance
Corporation (PhilHealth), and the Home Maternity Leave for Female Workers in the
Development Mutual Fund or Pag-IBIG, and Public/Private Sector- An additional maternity
shall be entitled to all the benefits in accordance leave of thirty (30) days, without pay, can be
with the pertinent provisions provided by law. availed of, at the option of the female worker:
Provided, further, That, the head of the agency
Termination of Service – Neither the domestic shall be given due notice, in writing, at least forty-
worker nor the employer may terminate the five (45) days before the end of her maternity
contract before the expiration of the term except leave: Provided, finally, That no prior notice shall
for grounds provided for in Sections 33 and 34 of be necessary in the event of a medical emergency
this Act. but subsequent notice shall be given to the head
of the agency.
If the domestic worker is unjustly
dismissed, the domestic worker shall be paid the Maternity leave of sixty (60) days, with full pay,
compensation already earned plus the equivalent shall be granted for miscarriage or emergency
of fifteen (15) days work by way of indemnity. termination of pregnancy.
All female workers in the government and (9) Any other person who solely provides
female members of the SSS, regardless of their parental care and support to a child or children;
civil status, shall be granted maternity leave,
with full pay. (10) Any family member who assumes the
responsibility of head of family as a result of the
death, abandonment, disappearance or prolonged
absence of the parents or solo parent.
SOLO PARENTS’ WELFARE ACT OF 2000
Republic Act No. 8972
A change in the status or circumstance of the
It is the policy of the State to promote the family as parent claiming benefits under this Act, such that
the foundation of the nation, strengthen its he/she is no longer left alone with the responsibility
solidarity and ensure its total development. of parenthood, shall terminate his/her eligibility
Towards this end, it shall develop a for these benefits.
comprehensive program of services for solo
parents and their children. Flexible Work Schedule
The employer shall provide for
SOLO PARENT - any individual who falls under a flexible working schedule for
any of the following categories: solo parents: Provided, That
the same shall not affect
(1) A woman who gives birth as a result of individual and company
rape and other crimes against chastity even productivity: Provided,
without a final conviction of the offender: Provided, further, That any employer
That the mother keeps and raises the child; may request exemption from
the above requirements from
(2) Parent left solo or alone with the the DOLE on certain
responsibility of parenthood due to death of meritorious grounds.
spouse;
(3) Parent left solo or alone with the Parental Leave – In addition to leave privileges
responsibility of parenthood while the spouse is under existing laws, parental leave of not more
detained or is serving sentence for a criminal than seven (7) working days every year shall be
conviction for at least one (1) year; granted to any solo parent employee who has
rendered service of at least one (1) year. The
(4) Parent left solo or alone with the seven-day parental leave shall be non-cumulative.
responsibility of parenthood due to physical and/or Provided that:
mental incapacity of spouse as certified by a public He/She has rendered at least one (1) year of
medical practitioner; service whether continuous or broken at the
time of the effectivity of the Act;
(5) Parent left solo or alone with the
responsibility of parenthood due to legal He/She has notified his/her employer of the
separation or de facto separation from spouse for availment thereof within a reasonable time
at least one (1) year, as long as he/she is entrusted period;
with the custody of the children;
He/She has presented a Solo Parent
(6) Parent left solo or alone with the Identification Card to his/her employer.
responsibility of parenthood due to declaration of
nullity or annulment of marriage as decreed by a Parental Leave - In addition to leave privileges
court or by a church as long as he/she is entrusted under existing laws, parental leave of not more
with the custody of the children; than seven (7) working days every year shall be
granted to any solo parent employee who has
(7) Parent left solo or alone with the rendered service of at least one (1) year.
responsibility of parenthood due to abandonment
of spouse for at least one (1) year;
1) The sexual favor is made as a condition Penalties - Any person who violates the provisions
in the hiring or in the employment, re-employment of this Act shall, upon conviction, be penalized by
or continued employment of said individual, or in imprisonment of not less than one (1) month nor
granting said individual favorable compensation, more than six (6) months, or a fine of not less than
terms of conditions, promotions, or privileges; or Ten thousand pesos (P10,000) nor more than
the refusal to grant the sexual favor results in Twenty thousand pesos (P20,000), or both such
limiting, segregating or classifying the employee fine and imprisonment at the discretion of the
which in any way would discriminate, deprive or court.
diminish employment opportunities or otherwise
adversely affect said employee; Any action arising from the violation of the
provisions of this Act shall prescribe in three
(2) The above acts would impair the (3) years.
employee's rights or privileges under existing labor
laws; or
WHEN IS A GOVERNMENT
(3) The above acts would result in an OFFICIAL/EMPLOYEE LIABLE FOR SEXUAL
intimidating, hostile, or offensive environment for HARASSMENT?
the employee.
A government official or employee, regardless
In an education or training environment, sexual of sex, is liable for sexual harassment when
harassment is committed: he/she:
(1) Against one who is under the care, 1. directly participates in the execution of any act
custody or supervision of the offender; of sexual harassment as defined by the
Administrative Disciplinary Rules on Sexual
(2) Against one whose education, training, Harassment Cases;
apprenticeship or tutorship is entrusted to the
offender;
2. induces or directs another or others to commit (1) Deny membership to any individual
sexual harassment as defined by these Rules; because of such individual’s age;
3. cooperates in the commission of sexual (2) Exclude from its membership any
harassment by another through an act without individual because of such individual’s age; or
which the sexual harassment would not have been
accomplished; or (3) Cause or attempt to cause an employer
to discriminate against an individual in violation of
4. cooperates in the commission of sexual this Act.
harassment by another through previous or
simultaneous acts. (d) It shall be unlawful for a publisher to print or
publish any notice of advertisement relating to
employment suggesting preferences, limitations,
specifications, and discrimination based on age.
ANTI-AGE DISCRIMINATION IN
EMPLOYMENT ACT EXCEPTIONS. - It shall NOT be unlawful for an
Republic Act No. 10911 employer to set age limitations in employment if:
The State shall promote equal opportunities in (a) Age is a bona fide occupational
employment for everyone. qualification reasonably necessary in the normal
operation of a particular business or where the
Prohibition of Discrimination in differentiation is based on reasonable factors other
Employment on Account of Age than age;
(a) It shall be unlawful for an employer to: (b) The intent is to observe the terms of a bona
fide seniority system that is not intended to
(1) Print or publish, or cause to be printed evade the purpose of this Act;
or published, in any form of media, including the
internet, any notice of advertisement relating to (c) The intent is to observe the terms of a bona fide
employment suggesting preferences, limitations, employee retirement or a voluntary early
specifications, and discrimination based on age; retirement plan consistent with the purpose of this
Act: Provided, That such retirement or voluntary
(2) Require the declaration of age or birth retirement plan is in accordance with the Labor
date during the application process; Code, as amended, and other related laws; or
(3) Decline any employment application (d) The action is duly certified by the Secretary
because of the individual’s age; of Labor and Employment in accordance with the
purpose of this Act.
(4) Discriminate against an individual in
terms of compensation, terms and conditions or PENALTY - Any violation of this Act shall be
privileges of employment on account of such punished with a fine of not less than fifty thousand
individual’s age; pesos (₱50,000.00) but not more than five hundred
thousand pesos (₱500,000.00), or imprisonment
(5) Deny any employee’s or worker’s of not less than three (3) months but not more than
promotion or opportunity for training because of two (2) years, or both, at the discretion of the court.
age; If the offense is committed by a corporation, trust,
firm, partnership or association or other entity, the
(6) Forcibly lay off an employee or worker penalty shall be imposed upon the guilty officer or
because of old age; or officers of such corporation, trust, firm, partnership
or association or entity.
(7) Impose early retirement on the basis of
such employee’s or worker’s age.
It is the policy of the State to promote full (h) Tax Identification Number (TIN);
employment and equality of gainful work and
opportunities for its citizens. As such, the State (i) Unified Multi-Purpose ID (UMID) card; and
shall expand accessibility to government services
and provide incentives to improve a first time (j) Other documentary requirements issued by the
jobseeker’s access to employment. government that may be required by employers
from job applicants.
WAIVER OF FEES AND. CHARGES - Subject to
exceptions provided in Section 8 of this Act, all Proof of Eligibility - First time jobseekers availing
government agencies and instrumentalities, of the benefits provided under this Act shall
including government-owned and -controlled present a barangay certification stating that the
corporations (GOCCs), local government units applicant is a first-time jobseeker: Provided,
(LGUs), and government hospitals shall not That any person found guilty of fabrication or
collect fees or charges from a first time falsification shall be liable under the Revised Penal
jobseeker: Provided, That such fee or charge is Code.
paid in connection with the application for and the
granting of licenses, proofs of identification,
clearances, certificates or other documents usually
required in the course of employment locally or
abroad: Provided, further, That the benefit
provided under this Act SHALL ONLY BE
AVAILED OF ONCE.