Labor Standards and

Social Legislation

Training and Employment of Special

Workers: Apprentices, Learners and
Persons with Disability

Group III

Aguillon, Deo Emmanuel

Akut, Mary Cris
Amarga, James
Bacas, Louis Philipp
Calonia, Ma. Laurever
Jardin, Greg Anthony
Morin, Erickson
Raran, Fritz Harold

College of Law
Liceo de Cagayan University
 TITLE II
Training and Employment of Special Workers

Chapter I
APPRENTICES

Article 58. Definition of Terms. - As used in this Title:

"Apprenticeship" means practical training on the job supplemented by related theoretical
instruction.
An "apprentice" is a worker who is covered by a written apprenticeship agreement with
an individual employer or any of the entities recognized under this Chapter.
An "apprenticeable occupation" means any trade, form of employment or occupation
which requires more than three (3) months of practical training on the job supplemented
by related theoretical instruction.
"Apprenticeship agreement" is an employment contract wherein the employer binds
himself to train the apprentice and the apprentice in turn accepts the terms of training.

Meaning of apprentice

An apprentice is a worker who is covered by a written apprenticeship agreement

with an individual employer or any of the entities recognized under the law. He is a person
undergoing training for an approved apprenticeable occupation. Once he has completed
as apprenticeship training, he can qualify for work in a highly-skilled trade (Art. 58, Labor
Code).

Article 59. Qualifications of apprentice. - To qualify as an apprentice, a person shall:

Be at least fourteen (14) years of age;
Possess vocational aptitude and capacity for appropriate tests; and
Possess the ability to comprehend and follow oral and written instructions.
Trade and industry associations may recommend to the Secretary of Labor appropriate
educational requirements for different occupations.

Discussion:

Trade and industry associations may, however, recommend to the Secretary of

Labor and Employment appropriate educational qualifications for apprentices in certain
occupations. Such qualifications, if approved, shall be the educational requirements for
apprenticeship in such occupations unless waived by an employer in favor of an applicant
who has demonstrated exceptional ability. A certification explaining briefly the ground for
such waiver, and signed by the person in charge of the program, shall be attached to the
apprenticeship agreement of the applicant concerned (Sec. 12, Rule VI, Book II, Rules
Implementing the Labor Code).
Age requirement

Under the Labor Code, to qualify as an apprentice, he shall be at least fourteen

(14) years of age. However, under the rules implementing the Labor Code, he shall be at
least fifteen (15) years of age. The conflict on age is now resolved with the amendment
introduced by Sec. 2 of RA 9231 mandating that the minimum employable is fifteen (15)
years old, subject to certain qualifications as stated under the rules implementing the
labor code.

Aptitude test

An employer who has a recognized apprenticeship program shall provide aptitude

tests to apprentice-applicants. However, if the employer does not have adequate facilities,
the Department of Labor and Employment may provide the service free of charge (Sec.
12, Rule VI, Book II, Rules Implementing the Labor Code).

Physical fitness

Total physical fitness need not be required of an apprentice-applicant unless it is

essential to the expeditious and effective learning of the occupation. Only physical defects
which constitute real impediments to effective performance as determined by the plant
apprenticeship committee may disqualify an applicant (Sec. 13, Rule VI, Book II, Rules
Implementing the Labor Code).

Physical examination

Physical examination of apprentice-applicant preparatory to employment shall be

provided free of charge by the Department of Health or any government hospital. If this
is not feasible, the firm or entity screening the applicant shall extend such service free of
charge.

Any entity with an apprenticeship program may elect to assume the responsibility
for physical examination provided its facilities are adequate and all expenses are borne
exclusively by it (Sec. 14, Rule VI, Book II, Rules Implementing the Labor Code).

Previous experience

A prospective apprentice who has completed or otherwise attended a vocational

course in a duly recognized trade or vocational school or training center or who has had
previous experience in the trade or occupation in which he desires to be apprenticed shall
be given due credit therefor.

Both practical and theoretical knowledge shall be evaluated and the credit shall
appear in the apprenticeship agreement which shall have the effect of shortening the
training and servicing as a basis for promoting him to a higher wage level. Such credit
shall be expressed in terms of hours (Sec. 21, Rule VI, Book II, Rules Implementing the
Labor Code).

Article 60. Employment of apprentices. - Only employers in the highly technical

industries may employ apprentices and only in apprenticeable occupations approved by
the Secretary of Labor and Employment. (As amended by Section 1, Executive Order No.
111, December 24, 1986)

Discussion:

Only employers in highly-technical industries may enter into apprenticeship

agreements or otherwise employ apprentices only in apprenticeable trades and
occupations approved by Technical Education and Skils Development Authority
(TESDA). A trade or occupation which can be skillfully learned by a worker for only less
than three (3) months is not apprenticeable and the worker cannot be hired as an
apprentice (Poquiz, 2018 Volume I).

A highly technical industry means a trade, business, enterprise, industry, or other

activity, which is engaged in the application of advanced technology (Sec. 2[j], Rule VI,
Book II, Rules Implementing the Labor Code).

An apprenticeable occupation means any trade, form of employment or occupation

approved for apprenticeship by the Secretary of Labor and Employment, which requires
for proficiency more than three months of practical training on the job supplemented by
related theoretical instructions (Sec. 2[d], Rule VI, Book II, Rules Implementing the Labor
Code).

The TESDA’s approval of the employer’s apprenticeship program is required

before the employer is allowed to hire apprentices. Prior approval from the TESDA is
necessary to ensure that only employers in the highly technical industries may employ
apprentices and only in apprenticeable occupations. Thus, under RA 7796, employers
can only hire apprentices for apprenticeable occupations which must be officially
endorsed by a tripartite body and approved for apprenticeship by the TESDA. This is to
ensure the protection of apprentices and to obviate possible abuses by prospective
employers who may want to take advantage of the lower wage rates for apprentices and
circumvent the right of the employees to be secure in their employment (Century Canning
Corporation vs. Court of Appeals and Gloria C. Pala, GR No. 152894, August 17, 2007).

In the absence of a valid apprenticeship program, the apprenticeable agreement

has no force and effect. Thus, the apprentice is deemed a regular employee as he has
been engaged to perform activities which are usually necessary or desirable in the usual
business or trade of the employer (Ibid.).
Article 61. Contents of apprenticeship agreements. - Apprenticeship agreements,
including the wage rates of apprentices, shall conform to the rules issued by the Secretary
of Labor and Employment. The period of apprenticeship shall not exceed six months.
Apprenticeship agreements providing for wage rates below the legal minimum wage,
which in no case shall start below 75 percent of the applicable minimum wage, may be
entered into only in accordance with apprenticeship programs duly approved by the
Secretary of Labor and Employment. The Department shall develop standard model
programs of apprenticeship. (As amended by Section 1, Executive Order No. 111,
December 24, 1986)

Discussion:

An apprenticeship contract is an agreement whereby the employer binds himself

to train the apprentice and the apprentice in turn accepts the terms of the training. Every
apprenticeship agreement shall be signed by the employer or his duly authorized
representative and by the apprentice. An apprenticeship agreement with a minor shall be
signed in his behalf by his parent or guardian, or if the latter is not available, by an
authorized representative of the Department of Labor and Employment (Sec. 22, Rule VI,
Book II, Rules Implementing the Labor Code).

Every apprenticeship agreement shall include the following:

(a) The full names and addresses of the contracting parties;
(b) Date of birth of the apprentice;
(c) Name of the trade, occupation or job in which the apprentice will be trained and
the dates on which such training will begin and will approximately end;
(d) The approximate number of hours of on-the-job training as well as of
supplementary theoretical instructions which the apprentice shall undergo during his
training;
(e) A schedule of the work processes of the trade/occupation in which the
apprentice shall be trained and the approximate time to be spent on the job in each
process;
(f) The graduated scale of wages to be paid the apprentice;
(g) The probationary period of the apprentice during which either party may
summarily terminate their agreement; and
(h) A clause that if the employer is unable to fulfill his training obligation, he may
transfer the agreement, with the consent of the apprentice, to any other employer who is
willing to assume such obligation (Sec.18, Rule VI, Book II, Rules Implementing the Labor
Code).

The period of apprenticeship shall not exceed six (6) months (Sec.19, Rule VI,
Book II, Rules Implementing the Labor Code).

Either party to an agreement may terminate the same after the probationary period
only for a valid cause. The following are valid causes for termination:
 By the employer — (a) Habitual absenteeism in on-the-job training and related
theoretical instructions;
(b) Willful disobedience of company rules or insubordination to lawful order of a
superior;
(c) Poor physical condition, permanent disability or prolonged illness which
incapacitates the apprentice from working;
(d) Theft or malicious destruction of company property and/or equipment;
(e) Poor efficiency or performance on the job or in the classroom for a prolonged
period despite warnings duly given to the apprentice; and
(f) Engaging in violence or other forms of gross misconduct inside the employer's
premises.

By the apprentice — (a) Substandard or deleterious working conditions within the

employer's premises:
(b) Repeated violations by the employer of the terms of the apprenticeship
agreement;
(c) Cruel or inhuman treatment by the employer or his subordinates;
(d) Personal problems which in the opinion of the apprentice shall prevent him from
a satisfactory performance of his job; and
(e) Bad health or continuing illness (Sec.25, Rule VI, Book II, Rules Implementing
the Labor Code).

In case of pre-termination of the apprenticeship agreement, the apprentice is not

considered as a regular employee (Poquiz, 2018 Volume I).

The wage rate of the apprentice shall start at seventy five (75%) per cent of the
statutory minimum wage for the first six (6) months; thereafter, he shall be paid the full
minimum wage, including the full cost of living allowance (Sec. 29, Rule VI, Book II, Rules
Implementing the Labor Code). However, the Secretary of Labor and Employment
through the Apprenticeship Division, may authorize the hiring of apprentices without
compensation whose training on the job is required by the school curriculum as a
prerequisite for graduation or for taking a government board examination (Sec. 29, Rule
VI, Book II, Rules Implementing the Labor Code).

Hours of work of the apprentice shall not exceed the maximum number of hours of
work prescribed by law, if any, for a worker of his age and sex. Time spent in related
theoretical instructions shall be considered as hours of work and shall be reckoned jointly
with on-the-job training time in computing in the agreement the appropriate periods for
giving wage increases to the apprentice.

An apprentice not otherwise barred by law from working eight hours a day may be
requested by his employer to work overtime and paid accordingly, provided there are no
available regular workers to do the job, and the overtime work thus rendered is duly
credited toward his training time (Sec. 20, Rule VI, Book II, Rules Implementing the Labor
Code).
 Probationary period is the span of time within which the employer is able to
determine employee’s fitness, characteristics, and habits to a given job. It is the period
one has to learn or familiarize with the job. Thus, it may be shorter. If the job is
apprenticeable, then the probationary period is the apprenticeable period which is more
than three (3) months. Upon completion of the apprenticeship period, he may become
regular employee in the company where he is trained. After the training period, he shall
no more undergo a probationary period for this would amount to double probation
proscribed under the law. The company is not obliged to employ an apprentice unless it
is so provided in the apprenticeship contract that upon completion of the program, he will
be absorbed (Poquiz, 2018 Volume I).
 TITLE II
Training and Employment of Special Workers

Chapter II
LEARNERS

Learners Defined

Learners are persons hired as trainees in semi-skilled and other industrial

occupations which are non-apprenticeable and which may be learned through practical
training on-the-job in a relatively short period of time which shall not exceed three (3)
months (Art. 73, Labor Code).

The term “learner” is defined under the following concepts:

(a) Learners are persons hired as trainees in semi-skilled and other industrial occupations
which are non-apprenticeable and which may be learned through practical training on the
job in a relatively short period of time which shall not exceed three (3) months.

(b) “Learner” is a person hired as trainee in industrial occupations which are non-
apprenticeable and which may be learned through practical training in the job for a period
of not exceeding three (3) months, whether or not such practical training is supplemented
by theoretical instructions. Learnership programs must be approved by the Authority.

Apprenticeship and Learnership Distinguished

The distinctions are as follows:

(a) Person hired - In apprenticeship, the person hired as trainee is an apprentice. In

learnership, the person hired as trainee is a learner.

(b) Reasons for hiring - In apprenticeship, the law does not provide any reasons for hiring
an apprentice. In learnership, the law provides the reasons for hiring: (1) when no
experienced workers are available; (2) the employment of learners is necessary to
prevent curtailment of employment opportunities; and (3) the employment does not create
unfair competition in terms of labor costs or impair or lower working standards.

(c) Qualifications - In apprenticeship, the qualifications are: (a) at least fifteen (15) years
of age; (b) possess vocational aptitude and capacity for appropriate tests; and (c) possess
the ability to comprehend and follow oral and written instructions. In learnership, the law
does not provide such qualifications.

(d) Hired with/without available experienced workers - In apprenticeship, the apprentice

may be employed even when there are available experienced workers. In learnership, a
learner may be employed only when there are no available experienced workers, the
purpose of which is to preclude curtailment of job opportunities.
(e) What occupations are involved - In apprenticeship, the occupations involved are
“highly technical industries which means trade, business, enterprise, industry, or other
activity which is engaged in the application of advanced technology.” Apprenticeable or
skilled occupations must be approved by TESDA. In learnership, occupations involved
are semi-skilled and other industrial occupations which are non-apprenticeable.
Learnable or semi-skilled occupations must be approved by TESDA.

(f) Training Period - In apprenticeship, the training period shall not be less than three (3)
months and not more than six (6) months. In learnership, the training period shall not be
more than three (3) months.

(g) Supplemented by theoretical instructions - In apprenticeship, the practical training on

the job is supplemented with compulsory related theoretical instruction. In learnership,
the practical training in the job may or may not be supplemented by related theoretical
instructions.

(h) Obligation to hire - In apprenticeship, the enterprise is not obliged to hire the
apprentice after the training period. In learnership, the enterprise is obliged to hire the
learners after the training period.

(i) Pre-termination of training agreement - In apprenticeship, upon pre-termination of the

training agreement, an apprentice does not become a regular employee. In learnership,
a learner allowed to work for the two (2) months shall automatically become a regular
employee if training agreement is pre-terminated by the employer through no fault of the
learner.

Similarities of Apprenticeship and Learnership

The similarities are as follows:

(a) Approval of training program - In both, apprenticeship and learnership agreement

entered into after the approval of the training programs by TESDA is valid.

(b) Implementation of Apprenticeship/Learnership Programs - In both, the implementation

of the apprenticeship and learnership programs is in accordance with the TESDA-
approved competency-based format.

(c) Approval of the apprenticeable/learnable occupations - In both, the agreement entered

into by the parties, is based on an approved occupation by TESDA.

(d) Number of Apprentices/Learners to be hired - In both, the participating enterprise is

allowed to hire apprentices or learners up to a maximum of 20% of its total regular
workforce.

(e) Practical training on the job - Both includes practical training on the job.
(f) Wage to be paid - Both are entitled to compensation equivalent to 75% of the prevailing
minimum wage and other benefits including overtime pay.

(g) Full-month pay - In apprenticeship, if the training company avails of the tax incentive
program, of the government where training costs are tax deductible, it is required to pay
full-month pay to apprentices. On the other hand, in learnership, where learners are
employed piece or incentive rate jobs, they are paid in full month pay for work done during
the training period.

(h) Subject to competency assessment - Both the graduates of the

apprenticeship/learnership programs are subject to competency assessment.
Competency Certificates are issued on the basis of demonstrated competencies for each
trade by the enterprise.

(i) Revocation of registration certificates - In both, the Registration Certificates of

companies do not hire apprentices or learners for two (2) consecutive years shall be
revoked.

Art. 74. When Learners May Be Hired. - Learners may be employed when no
experienced workers are available, the employment of learners is necessary to prevent
curtailment of employment opportunities, and the employment does not create unfair
competition in terms of labor costs or impair of lower working standards.

Reasons for Employment of Learners

(a) No experienced workers are available;

(b) The employment of learners being necessary to prevent curtailment of employment
opportunities; and
(c) Such employment will not create unfair competition in terms of labor costs of impair
working standards.

Approval of Learnership Program

Any employer who intends to employ learners shall submit in writing to the TESDA,
his learnership program, and the latter shall evaluate it to determine if the occupation
involved is learnable and the program is sufficient for the purpose of training. Within five
(5) working days from receipt of the program, the TESDA shall make known its decision
to the employer concerned. A learnership program shall be subject to periodic inspection
by the TESDA or his duly authorized representatives.

Art. 75. Learnerhip Agreement. - Any employer desiring to employ learners shall enter
into a learnership agreement with them, which agreement shall include:

(a) The names and addresses of the learners;

(b) The duration of the learnership period which shall not exceed three (3) months;

(c) The wages or salary rates of the learners which shall begin at not less than seventy-
five percent (75%) of the applicable minimum wage; and

(d) A commitment to employ the learners if they so desire, as regular employees upon
completion of the learnership. All learners who have been allowed or suffered to work
during the first two (2) months shall be deemed regular employees of training is
terminated by the employer before the end of the stipulated period through no fault of the
learner.

The learnership agreement shall be subject to inspection by the Secretary of Labor, or

his duly authorized representatives.

Parties to Learnership Agreement

Every learnership agreement shall be signed by the employer or his duly

authorized agent and by the learner. A learnership agreement with a minor shall be signed
by the learner with the conformity of his parent of guardian.

The employer shall furnish a copy of each of the learnership agreement to the
learner and the TESDA, within five (5) working days following its execution by the parties.

Art. 76. Learners in Piecerowk. - Learners in piece or incentive-rate jobs during the
training period shall be paid in full for the work done.

Compensation of Learners

The minimum compensation of learners is not less than seventy-five percent (75%)
of the applicable minimum wage provided by law.

Learners working on piece or incentive-rate jobs are entitled to full pay for work
done during their training period.

Art. 77. Penalty Clause. – Any violation of this Chapter of its implementing rules and
regulations shall be subject to the general penalty clause provided for in this Code.

Penalties

Except as otherwise provided in this Code, any violation of the provisions of this
Code declared to be unlawful or penal in nature shall be punished with a fine of not less
than One thousand pesos (P1,000.00) nor more than Ten thousand pesos (P10,000.00)
or imprisonment of not less than three (3) months nor more than three (3) years at the
discretion of the court.
 PERSONS WITH DISABILITY (R.A NO. 7277, AS AMENDED BY R.A NO. 9442)

TITLE I
GENERAL PROVISIONS

CHAPTER I
BASIC PRINCIPLE

SECTION 4. Definition of Terms

For purposes of this Act, these terms are defined as follows:

(a). Disabled Persons are those suffering from restriction of different abilities, as a result
of a mental, physical or sensory impairment, to perform an activity in the manner or within
the range considered normal for a human being;

(b). Impairment is any loss, diminution or aberration of psychological, physiological, or

anatomical structure of function;

(c). Disability shall mean:

1) a physical or mental impairment that substantially limits one or more psychological,

physiological or anatomical function of an individual or activities of such individual;
2) a record of such an impairment; or
3) being regarded as having such an impairment;

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

(e). Rehabilitation is an integrated approach to physical, social, cultural, spiritual,

educational and vocational measures that create conditions for the individual to attain the
highest possible level of functional ability;

(f). Social Barriers refer to the characteristics of institutions, whether legal, economic,
cultural, recreational or other, any human group, community, or society which limit the
fullest possible participation of disabled persons in the life of the group. Social barriers
include negative attitudes which tends to single out and exclude disabled persons and
which distort roles and interpersonal relationship;

(g). Auxiliary Aids and Services include:

1) qualified interpreters or other effective methods of delivering materials to

individuals with hearing impairments;
 2) qualified readers, taped tests, or other effective methods of delivering materials to
individuals with visual impairments;

3) acquisition or modification of equipment or devices; and

4) other similar services and actions or all types of aids and services that facilitate the
learning process of people with mental disability;

(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; 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;

(i). Sheltered Employment refers to the provision of productive work for disabled persons
through workshop providing special facilities, income producing projects or homework
schemes with a view to given them the opportunity to earn a living thus enabling them to
acquire a working capacity required in open industry.

(j). Auxiliary Social Services are the supportive activities in the delivery of social services
to the marginalized sectors of society;

(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 or whose incomes fall below poverty
threshold;

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

(m). Readily Achievable means a goal can be easily attained and carried out without much
difficulty or expense. In determining whether an action is readily achievable, factors to be
considered include
 1) the nature and cost of the action;
2) the overall financial resources of the facility or facilities involved in the action; the
number of persons employed at such facility; the effect on expenses and
resources, or the impact otherwise of such action upon the operation of the
facility;
3) the overall financial resources of the covered entity with respect to the number of
its employees; the number, type and location of its facilities; and

4) the type of operation or operations of the covered entity, including the

composition, structure and functions of the work force of such entity; the
geographic separateness, administrative or fiscal relationship of the facilities in
question to the covered entity;

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

o). Covered entity means employer, employment agency, labor organization or joint labor-
management committee; and

p). Commerce shall be taken to mean a s travel, trade, traffic, commerce, transportation,
or communication among the provinces or between any foreign country or any territory or
possession and any province.

TITLE II
RIGHTS AND PRIVILEGES OF DISABLED PERSONS

Equal opportunity for employment

No disabled person shall be denied access to opportunities for suitable

employment. A qualified disabled EE shall be subject to the same terms and conditions
of employment and the same compensation, privileges, benefits, fringe benefits,
incentives orallowances as a qualified able-bodied person. [Sec. 5 (par. 1), RA 7277]

Reserved contractual positions

5% of all casual, emergency and contractual positions in the DSWD; DOH, DepEd;
and other government agencies, offices or corporations engaged in social development
shall be reserved for disabled persons. [Sec 5(par. 2), RA 7277]
Sheltered employment

Sheltered Employment refers to the provision of productive work for disabled

persons through workshop providing special facilities, income producing projects or
homework schemes with a view to given them the opportunity to earn a living thus
enabling them to acquire a working capacity required in open industry. [Sec 4(i), RA 7277]

If suitable employment for disabled persons cannot be found through open

employment, the State shall endeavor to provide it by means of sheltered employment.
In the placement of disabled persons in sheltered employment, it shall accord due regard
to the individual qualities, vocational goals and inclinations to ensure a good working
atmosphere and efficient production. [Sec 6, RA 7277]

Apprenticeship Opportunities

Disabled persons shall be eligible as apprentices or learners: Provided, 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; provided, further, That after the lapse of
the period of apprenticeship, if found satisfactory in the job performance, they shall be
eligible for employment. [Art. 81 Labor Code; Sec. 7, RA 7277]

Full minimum wage

All qualified handicapped workers shall receive the full amount of the minimum
wage rate prescribed herein. [Sec 7, Wage Order No. NCR-19]

RA 10754 – An Act Expanding The Benefits And Privileges Of Persons With

Disability (PWD)

“(b) Educational assistance to PWD, for them to pursue primary, secondary, tertiary, post
tertiary, as well as vocational or technical education, in both public and private schools,
through the provision of scholarships, grants, financial aids, subsidies and other
incentives to qualified PWD, including support for books, learning materials, and uniform
allowance to the extent feasible: Provided, That PWD shall meet the minimum admission
requirements;”

CHAPTER I
EMPLOYMENT

SECTION 5. Equal Opportunity for Employment. - No disabled persons shall be denied

access to opportunities for suitable employment. A qualified disabled employee shall be
subject to the same terms and conditions of employment and the same compensation,
privileges, benefits, fringe benefits, incentives or allowances as a qualified able-bodied
person. Five percent (5%) of all casual, emergency and contractual positions in the
Department of Social Welfare and Development; Health; Education, Culture and Sports;
and other government agencies, offices or corporations engaged in social development
shall be reserved for disabled persons.

SECTION 6. Sheltered Employment. - If suitable employment for disabled persons

cannot be found through open employment as provided in the immediately preceding
Section, the State shall endeavor to provide it by means of sheltered employment. In the
placement of disabled persons in sheltered employment, it shall accord due regard to the
individual qualities, vocational goals and inclinations to ensure a good working
atmosphere and efficient production.

SECTION 7. Apprenticeship. - Subject to the provision 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.

SECTION 8. Incentives for Employer. - (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 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 person 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.

SECTION 9. Vocational Rehabilitation. - Consistent with the principle of equal

opportunity for disabled workers and workers in general, the State shall take appropriate
vocational rehabilitation measures that shall serve to develop the skills and potential of
disabled persons and enable them to compete favorably for available productive and
remunerative employment opportunities in the labor market.

The State shall also take measures to ensure the provisions of vocational rehabilitation
and livelihood services for disabled persons in the rural areas. In addition, it shall promote
cooperation and coordination between the government and non-government organization
and other private entities engaged in vocational rehabilitation activities.
The Department of Social Welfare and Development shall design and implement training
programs that will provide disabled persons with vocational skills to enable them to
engage in livelihood activities or obtain gainful employment. The Department of Labor
and Employment shall likewise design and conduct training programs geared towards
providing disabled persons with skills for livelihood.

SECTION 10. Vocational Guidance and Counselling. - The Department of Social

Welfare and Development shall implement measures providing and evaluating vocational
guidance and counselling to enable disabled persons to secure, retain and advance in
employment. It shall ensure the availability and training counsellors and other suitability
qualified staff responsible for the vocational guidance and counselling of disabled
persons.

SECTION 11. Implementing Rules and Regulations. - 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), shall promulgate the rules and regulations necessary to implement the
provision under this Chapter.

CHAPTER II
EDUCATION

SECTION 12. Access to Quality Education. - The State shall ensure that disabled
persons are provided with adequate access to quality education and ample opportunities
to develop their skills. It shall take appropriate steps to make such education accessible
to all disabled persons. It shall be unlawful for any learning institutions to deny a disabled
person admission to any course it offers by reason of handicap or disability. The State
shall take into consideration the special requirements of disabled persons in the
formulation of education policies and program. It shall encourage learning institutions to
take into account the special needs of disabled persons with respect to the use of school
facilities, class schedules, physical education requirements and other pertinent
consideration.

The State shall also promote the provision by learning institutions, of auxiliary services
that will facilitate the learning process for disabled persons.

SECTION 13. Assistance to Disabled Students. - The State shall provide financial
assistance to economically marginalized but deserving disabled students pursuing post-
secondary or tertiary education. 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. At least five percent (5%) of the allocation for
the Private Education Student Financial Assistance Program created by virtue of R.A.
6728 shall be set aside for disabled students pursuing vocational or technical and degree
courses.
SECTION 14. Special Education. - The State shall establish, maintain and support a
complete, adequate and integrated system of special education for the visually impaired,
hearing impaired, mentally retarded persons and other type of exceptional children in all
regions of the country. 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.

The National Government shall allocate funds necessary for the effective implementation
of the special education program nationwide. Local government units may likewise
appropriate counterpart funds to supplement national funds.

SECTION 15. Vocational or Technical and Other Training Programs. - The State
provide disabled persons with training in civics, vocational efficiency, sports and physical
fitness, and other skills. 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. It shall develop
and implement sports and physical fitness program specifically designed for disabled
persons taking into consideration the nature of their handicap.

SECTION 16. Non-Formal Education. - The State shall develop non-formal education
programs intended for the total human development of disabled persons. It shall provide
adequate resources for non-formal education programs and projects that cater to the
special needs of disabled persons.

SECTION 17. 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.

The National Government shall provide these state universities and colleges with the
necessary special facilities for visually-impaired, hearing-impaired, speech impaired, and
orthopedically-impaired students. It shall likewise allocate the necessary funds in support
of the above.

CHAPTER III
HEALTH

Under Title II Chapter I (Employment) of this Act, the rights and privileges of the
disabled persons are provided as follows:
 (a) Equal Opportunity for employment
(b) Sheltered employment
(c) Apprenticeship
(d) Vocational Rehabilitation
(e) Vocational Guidance and Counseling (RA 7727, UST Labor Law (UST Notes).

This section shall further elaborate on par. (d) and (e) under Chapters 3 and 4.

Health

Chapter 3 of RA 7727 provides for Health-related programs available for disabled

persons, to which the Department of Health (DOH) was tasked to establish and institute:

(a) National Health Programs (Section 18)

(b) Rehabilitation Centers (Section 19)
(c) Health Services (Section 20) (RA 7727)

The National Health Program which shall be established by the DOH in

coordination with the National Council for the Welfare of Disabled Persons (NCWDP)
shall aim to attain:
 prevention of disability, whether occurring prenatally or postnatally
 the recognition of early diagnosis of disability; and
 Early rehabilitation of the disabled.

Following this mandate, DOH issued the Administrative Order No. 2006-0003
creating the “Health and Wellness Program for People with Disabilities”, which specifically
provides the strategic framework and operational guidelines for the implementation of
Health Programs for PWDs. The objective of said program is:

 To address barriers and improve access and reasonable accommodations of

PWDs to health care services and programs.
 To ensure the accessibility, availability, appropriateness and affordability of
habilitation and rehabilitation services for PWDs, including children with
disabilities.
 To ensure the development and implementation of policies and guidelines, health
service packages, including financing and provider payment schemes for health
services of PWDs.
 To enhance capacity of health providers and stakeholders in improving the health
status of PWDs.
 To strengthen collaboration and synergy with and among stakeholders and sectors
of society to improve response to a disability inclusive health agenda through
regular dialogues and interactions.
 To provide the mechanism in facilitating the collection, analysis and dissemination
of reliable, timely and complete data and researches on health-related issues of
 PWDs in order to develop and implement evidence-based policies and
interventions.

Under Section 19 of this Act, rehabilitation centers are established in government

provincial hospitals which aim to provide the marginalized disabled persons free
rehabilitation services in government hospitals. The DOH, together with the DSWD and
National Council on Disability Affairs provides for a program for basic identification of
disabilities which includes, but not limited to visual impairments, hearing with/without
speech and communications difficulties, physical impairment (i.e., gross motor skills and
mobility difficulties), intellectual and learning disability/neurodevelopment conditions and
other mental and health conditions, and provide them with referral pathways to disability-
specific services.

DOH was also mandated to provide for health services for disabled persons to
protect and promote their right to health and adopt an integrated and comprehensive
approach to their health development which shall make essential health services
available to them at affordable cost. One of DOH’s responses includes their
Administrative Order 2017-008 providing for health benefits such as at least 20%
discount and VAT exemption for purchase of generic and branded medicines, medical
and assistive devices, costs of medical, dental, and rehabilitation services, and
diagnostics and laboratory fees, as prescribed by the attending physician for all PWDs,
and diagnosis or treatment in accordance to the latest Clinical Practice Guidelines
(CPGs) or hospital treatment protocols, for all service wards and pay sections of
government hospitals and facilities, and in all private hospitals and medical facilities.

CHAPTER IV
AUXILIARY SOCIAL SERVICES

This Chapter provides for the rights and privileges of disabled persons through
vocational rehabilitation, guidance and counseling.The Department of Social and Welfare
(DSWD) was tasked to provide the necessary auxiliary social services to help disabled
persons compete for equal opportunities in the labor market. With this, DSWD has
provided the guidelines in the implementation of the Auxiliary Social Services for Persons
with Disabilities (PWDs).

The guidelines are contained in Administrative Order 59, giving local chief
executives the responsibility of providing auxiliary social services for PWDs according to
the provisions of the Local Government Code of 1991.

Auxiliary social services for PWDs include situational analysis, social preparation,
implementation of program and services such as assistance for physical restoration,
providing auxiliary aids and services like self and social enhancement service, after-care
and follow-up services, day care and family care services and job search service. Job
search services provide financial assistance and allowance for PWDs for their bus/taxi
fares, police, fiscal and NBI clearances and others while applying for jobs.
 Providing auxiliary social services for PWDs aims to reduce the handicapping
effects of disability by giving them rehabilitation services to ensure that the PWDs are
able to participate fully on the affairs of their communities, and to create public awareness
on their problems including their rights to social equity.

Together with the implementation of these auxiliary social services for disabled
persons by the DSWD, A commission under the Department of Labor and Employment
(DOLE) called the Employee’s Compensation Commission (ECC, which shall be fully
discussed in Article 182 of the Labor Code) also provides for vocational rehabilitation for
the Occupationally-disabled Workers (ODW) or those former employees of a company
who lost employment by reason of work-related sickness or injury. ECC, under their
KAGABAY Program (Katulong at Gabay sa Manggawang May Kapansanan) offers
programs for employees with Temporary Total Disability (TTD), Permanent Partial
Disability (PPD) and Permanent Total Disability (PTD). Under this program, qualified
beneficiaries are entitled to:

(a) Physical Restoration - Provision of physical or occupational therapy services to

ODWs including assistive devices , subject to funding limitations
(b) Skills Training for Re-employment - OWDs can acquire new competencies, subject
to his/her potential and residual functional capacity
(c) Entrepreneurship Training - OWDs who want to set up their own livelihood
undertaking are given the chance to take part in entrepreneurship training.

All of these benefits and services are provided for free, provided that the employee,
through their employer, remits together with their SSS/GSIS premium, their ECC
contribution.

CHAPTER V
TELECOMMUNICATIONS

Section 22. of RA 7277 Broadcast Media. - Television station shall be encouraged to

provide sign language inset or subtitles in at least one (1) newscast program a day and
special programs covering events of national significance.

Discussion:

With around a million PWDs, including those who are deaf, there is a long standing
yet unheeded call to use subtitles or sign language in television programs. Without these
aids, deaf individuals are deprived of the timely and relevant information that broadcast
news provides.
 In a statement made by House of Representative Colmenares six years ago
proposing a bill that would help in the rehabilitation, self-development and integration of
PWDs into mainstream society by seeking to amend Republic Act 7277 of the magna
carta of disabled persons.

Under section 22 of RA 7277, television stations are encouraged only to

incorporate either subtitles or sign language interpreters. However, at present only a small
number of the major news programs are regularly using subtitles or sign-language insets.

Meanwhile, Representative Zarate said Filipino sign language is preferred by

PWDs than captions or subtitles since only a small percentage of the deaf community
had the chance to undergo formal education. Less than five percent of the reported
120,000 hearing-impaired are literate or have received any form of schooling according
to the Philippine Deaf Resources Center.

Just last year President Rodrigo Duterte has signed into law a measure mandating
the use of Filipino sign language in all government transactions, schools, broadcast
media, and workplaces in a bid to ensure deaf people’s full and equal enjoyment of all
human rights and fundamental freedoms.

Republic Act 11106 or The Filipino Sign Language Act of 2018, declares Filipino
sign language as the national language of the Philippines that should be recognized,
promoted, and supported as the medium of official communication in all transactions
involving the deaf.

Under Section 10 of RA 11106 Filipino Sign Language in Media – The FSL shall
be the language of broadcast media interpreting. To guarantee access to information and
freedom of expression of the of the Filipino deaf, the Kapisanan ng mga Brodkaster sa
Pilipinas (KBP), and the Movie and Television Review and Classification Board(MTRCB)
shall, within one (1) year from the effective date of this act, requires FSL interpreter insets,
compliant with accessibility standards for television, in news and public affairs programs.
Subsequently, the MTRCB shall take steps to promote progressive use of FSL in
educational television programs designed for children, conjunction with the National
Council for children’s Television and the DepEd.

The KBP and the MTRCB.the deaf community, and the stakeholders are tasked to
create a national system of standards, procedures and accreditation for broadcast media
in FSL.

All videos published online, including those on social media, shall also conform to
Philippine web accessibility standards.

The Filipino Sign Language will be used in all public hearings, proceedings, and
transactions of the courts, quasi-judicial agencies, and other tribunals, and the Kapisanan
ng mga Brodkaster sa Pilipinas (KBP) and the Movie and Television Review and
Classification Board (MTRCB) it shall within one (1) year from the effective date of this
Act, require Filipino Sign language interpreter insets, complaint with accessibility
standards for television, in news and public affairs programs.

Section 23. Telephone Services. - All telephone companies shall be encouraged to

install special telephone devices or units for the hearing-impaired and ensure that they
are commercially available to enable them to communicate through the telephone system.

Discussion:

Under the Magna Carta For Disabled Persons IRR of RA 7277 (G, H, and I) The
National Telecommunications Commission shall coordinate with Telephone operators all
over the country, the implementation of the provision of Section 23, Chapter 5.

All Telephone operators in the country upon request of the agencies/institutions

concerned with the welfare of disabled persons shall provide type approved special
telephone devices and improvisations for the hearing impaired or handicap persons at
the offices of the said agencies or institutions.

The national Telecommunications Commissions through its regulatory power of

the telephone operators shall encourage the said operators to put up telephone devices,
services and improvisations for the disabled persons to enable them to communicate
through the telephone system.

Video Relay Service (VRS), also sometimes known as a Video Interpreting

Service, is a video telecommunication service that allows deaf, hard of hearing and
speech impaired individuals to communicate over video telephones and video conference
softphones technologies with hearing people in real time via a sign language interpreter.

Some deaf-blind people use a screen braille communicator (SBC). This is a small
portable device that enables them to communicate with sighted people. The device has
a WWERTY keyboard with an LCD display on one side, and an eight braille display on
the other side.

In addition the Wearable Obstacle Detection System and Braille Cell Phone for the
Blind has given them the tools to communicate with other people.

Section 24. Free Postal Charges for the Disabled. - Postal charges shall be free on
the following:

(a) Articles and literatures like books and periodicals, orthopedic and other
devices, and teaching aids for the use of the disabled sent by mail within the
Philippines and abroad; and
(b) Aids and orthopedic devices for the disabled sent by mail for repair:
Provided, that the aforesaid items are for personal purposes only: Provided, further, 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.

Discussion:

Under the IRR Section 24, Chapter 5 of RA No. 7277, the word postal charges
whether the same is ordinary or special. Provided, that the article, parcel, and/or
packages are for personal uses or purposes only.

The following articles, parcels and/or packages free of postal charges are as follows,
inclusive:

(a) articles and literatures like books and periodical, orthopedics and other devices,
and teaching aids for the use of the disabled persons sent by mail within the
Philippines and abroad; and

(b) Aids and orthopedic devices for the disabled persons sent abroad by mail for
repair.

The following are the requirements for the availment of this privilege, to wit:

(1) That the disabled person is a Filipino citizen.

(2) That the disabled person is a marginalized disabled person as certified to by

the Social Welfare and Development office of the municipality or city
government unit where the disabled person is a resident or by the
representative of the Department of Social Welfare and Development in the
municipality or city government unit where the disabled person is a resident.

(3) That the disabled person either as the sender/or addressee has the necessary
accreditation certificate as such issued by the Postmaster General or his
representative of the Philippine Postal Corporation.

(4) That the definition of marginalized disabled person as referred to in this article
is one who lack access to rehabilitation services and opportunities to be able
to participate fully in socioeconomic activities and who have no means of
livelihood or whose income fall below the poverty threshold.

(5) That it is understood that the articles and literatures like books and periodicals,
orthopedic and other devices, teaching aids, are for the exclusive use of the
disabled person and that the same when mailed is unsealed and may be
 opened for postal inspection and does not contain commercial advertising
materials.

(6) That the envelop or wrapper of the franked mail shall bear on the left upper
corner the name of the sender with its complete address and on the upper right
corner the words Free Master for Disabled Person. Private or unauthorized use
to avoid payment of postage is penalized by a fine or imprisonment or both.

CHAPTER VI
ACCESSIBILITY

Section 25. Barrier Free Environment. - The State shall ensure the attainment of a
barrier free environment that will enable disabled persons to have access in public and
private buildings and establishments and such other places mentioned in Batas
Pambansa Bilang 344, otherwise known as the “Accessibility Law”.

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.

Discussion:

Under the Batas Pambansa Blg. 344 – An Act to Enhance the Mobility of Disabled
Persons by Requiring Certain Buildings, Institutions, Establishments and Public Utilities
to install Facilities and Other Devices.

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, no license or permit for the
construction, repair or renovation of public and private buildings for public use.
Educational institutions, airports, sports and recreation centers and complexes, shopping
centers or establishments, public parking places, work-places, public utilities, shall be
granted or issued unless the owner or operator thereof shall install and incorporate in
such building, establishment, institution or public utility, such architectural facilities or
structural features as shall reasonably enhance the mobility of disabled persons such as
sidewalks, ramps, railings and the like. If feasible, all such existing buildings, institutions,
establishments, 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, further, that in case of government buildings, street and highways, 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.
 In the case of the parking place of any of the above institutions, buildings, or
establishment, or public utilities, the owner or operator shall reserve sufficient and suitable
space for the disabled persons.

Section 26. Mobility. - The State shall promote the mobility of disabled persons. Disabled
persons shall be allowed to drive motor vehicles, 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.

Discussion:

The State shall promote the mobility of disabled persons. Disable persons shall be
allowed to drive motor vehicles, 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 vehicles.
Any disabled persons who desires to apply for a driver’s license shall file with any
Land Transportation Office (LTO) licensing center or district office an application form
prescribed by the LTO containing certain information and compliance with the
requirements hereinafter set forth.

The requirements that have to be complied with by the applicant/disabled person for
driver’s license are the following:

(1) Medical Certificate/Recommendation from a government accredited physician;

(2) The applicant/disabled person must take and pass written and practical
examinations;

(3) New applicant must secure student permit and under driving instruction for 60
days.

Who may apply for license?

(1) Those partially blind person with poor visual acuity due to partial loss of
vision/sight.

(2) Orthopedically Impaired person with amputated left or right leg; amputated left
or right arm, post-polio victims; paralyzed legs; weak legs but not paralyzed

(3) Speech and Hearing Impaired person unable to speak but can hear; can
partially Hear All applications approved and granted by LTO shall be valid for
three (3) years starting 1993 using prescribed credit card type driver’s license
for disabled persons. Those previously issued licenses may apply for its
conversion.
Section 27. Access to Public Transport Facilities. - The Department of Social Welfare
and Development shall develop program to assist marginalized disabled persons gain
access in the use of public transport facilities. Such assistance may be in the form of
subsidized transportation fare.

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 “Accessibility Law”, as amended, shall be made suppletory to this Act.

Discussion:

The Department of Social Welfare and Development shall develop a program to

assist marginalized disabled persons gain access in the use of the public transport
facilities. Such assistance may be in the form of subsidized transportation fare. The
following guidelines shall govern a subsidized transportation scheme:

This section shall cover only marginalized disabled persons which is so defined in
the Act as disabled persons who lack access to rehabilitative services and opportunities
to be able to participate fully in socio-economic activities and who have no means of
livelihood or whose incomes fall below the poverty threshold.

(1) Lacking in access to rehabilitative services would mean those who have limited
or no ability to obtain medical, social, educational, vocational and livelihood
opportunities.
(2) Poverty threshold means income cutoff for a family of six (6) based on NEDA
findings. The subsidized transportation scheme can only be valid by:
(3) Marginalized disabled persons who will be undergoing training or vocational/or
livelihood skills enhancement programs in vocational rehabilitation centers
managed by government and non-government agencies.
(4) Marginalized disabled persons who re to avail of prosthetic devices, surgical
intervention and other domestic travels related for educational needs.

Section 28. Implementing Rules and Regulations. - The Department of Transportation

and Communications shall formulate the rules and regulations necessary to implement
the provisions of this Chapter.

Discussion:

Pursuant with the Department’s (DOTr) continuing and international commitments

for the Persons with Disabilities (PWDs) Sector in the Country under the existing laws
and convention on Accessibility Law and its implementing Rules and Regulation, Magna
Carta for Disabled persons and its Implementing Rules and Regulations and its
amendments, and the United nations Convention on the Rights of persons with
Disabilities and the immediate implementation, the composition of the DOTC task force
on Accessibility was created under Special Order No.2007-77 issued on May 11, 2007.

CHAPTER VII
POLITICAL AND CIVIL RIGHTS

Sec. 29. System of Voting. - Disabled persons shall be allowed to be assisted by a

person of his choice in voting in the national or local elections. The person thus chosen
shall prepare the ballot for the disabled voter inside the voting booth. 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 contents of the ballot
prepared by him. Violation of this provision shall constitute an election offense. Polling
places should be made accessible to disabled persons during national or local elections.

Sec. 30. Right to Assemble. - Consistent with the provisions of the Constitution, the
State shall recognize the right of disabled persons to participate in processions, rallies,
parades, demonstrations, public meetings, and assemblages or other forms of mass or
concerned action held in public.

Sec. 31. Right to Organize. - The State recognizes the right of disabled persons to form
organizations or associations that promote their welfare and advance or safeguard their
interests. The National Government, through its agencies, instrumentalities and
subdivisions, shall assist disabled persons in establishing self-help organizations by
providing them with necessary technical and financial assistance.

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. National line agencies and local government units shall assist disabled
persons in setting up specific projects that will be managed like business propositions.

To ensure the active participation of disabled persons in the social and economic
development of the country, their organizations shall be encouraged to participate in the
planning, organization and management of government programs and projects for
disabled persons.

Organizations of disabled persons shall participate in the identification and preparation of

programs that shall serve to develop employment opportunities for the disabled persons.
 CHAPTER VIII
OTHER PRIVILEGES AND INCENTIVES

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

(a) At least twenty percent (20%) discount and exemption from the value-added
tax (VAT), if applicable, on the following sale of goods and services for the
exclusive use and enjoyment or availment of the PWD:

(1) On the fees and charges relative to the utilization of all services in hotels
and similar lodging establishments; restaurants and recreation centers;

(2) On admission fees charged by theaters, cinema houses, concert halls,

circuses, carnivals and other similar places of culture, leisure and
amusement;

(3) On the purchase of medicines in all drugstores;

(4) On medical and dental services including diagnostic and laboratory fees
such as, but not limited to, x-rays, computerized tomography scans and
blood tests, and professional fees of attending doctors in all government
facilities, subject to the guidelines to be issued by the Department of Health
(DOH), in coordination with the Philippine Health Insurance Corporation
(PhilHealth);

(5) On medical and dental services including diagnostic and laboratory fees,
and professional fees of attending doctors in all private hospitals and
medical facilities, in accordance with the rules and regulations to be issued
by the DOH, in coordination with the PhilHealth;

(6) On fare for domestic air and sea travel;

(7) On actual fare for land transportation travel such as, but not limited to,
public utility buses or jeepneys (PUBs/PUJs), taxis, Asian utility vehicles
(AUVs), shuttle services and public railways, including light Rail Transit
(LRT), Metro Rail Transit (MRT) and Philippine National Railways (PNR);
and

(8) On funeral and burial services for the death of the PWD: Provided, that
the beneficiary or any person who shall shoulder the funeral and burial
expenses of the deceased PWD shall claim the discount under this rule for
the deceased PWD upon presentation of the death certificate. Such
expenses shall cover the purchase of casket or urn, embalming, hospital
morgue, transport of the body to intended burial site in the place of origin,
but shall exclude obituary publication and the cost of the memorial lot.
 (b) Educational assistance to PWD, for them to pursue primary, secondary,
tertiary, post tertiary, as well as vocational or technical education, in both public
and private schools, through the provision of scholarships, grants, financial aids,
subsidies and other incentives to qualified PWD, including support for books,
learning materials, and uniform allowance to the extent feasible: Provided, That
PWD shall meet the minimum admission requirements;

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

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

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

The abovementioned privileges are available only to PWD who are Filipino citizens
upon submission of any of the following as proof of his/her entitlement thereto:
(i) An identification card issued by the city or municipal mayor or the
barangay captain of the place where the PWD resides;
(ii) The passport of the PWD concerned; or
(iii) Transportation discount fare Identification Card (ID) issued by the
National Council for the Welfare of Disabled Persons (NCWDP). The
privileges may not be claimed if the PWD claims a higher discount as may
be granted by the commercial establishment and/or under other existing
laws or in combination with other discount program/s.

The establishments may claim the discounts granted in subsection (a), paragraphs
(1), (2), (3), (5), (6), (7), and (8) as tax deductions based on the net cost of the
goods sold or services rendered: Provided, however, That the cost of the discount
shall be allowed as deduction from the gross income for the same taxable year
that the discount is granted: Provided, further, That the total amount of the claimed
tax deduction net of value-added tax, if applicable, shall be included in their gross
sales receipts for tax purposes and shall be subject to proper documentation and
to the provisions of the National Internal Revenue Code (NIRC), as amended (Sec.
1, RA No. 9442).

SEC. 33. Incentives. - Those caring for and living with a person with disability shall be
granted the following incentives:
 (a) PWD, who are within the fourth civil degree of consanguinity or affinity to the
taxpayer, regardless of age, who are not gainfully employed and chiefly dependent
upon the taxpayer, shall be treated as dependents under Section 35(b) of the NIRC
of 1997, as amended, and as such, individual taxpayers caring for them shall be
accorded the privileges granted by the Code insofar as having dependents under
the same section are concerned; and

(b) Individuals or nongovernmental institutions establishing homes, residential

communities or retirement villages solely to suit the needs and requirements of
persons with disability shall be accorded the following:
(i) Realty tax holiday for the first five years of operation; and
(ii) Priority in the building and/or maintenance of provincial or municipal
roads leading to the aforesaid home, residential community or retirement
village (Sec. 1, RA No. 9442).

HANDICAP

Handicap defined

Handicap refers to a disadvantage for a given individual resulting from an

impairment or a disability that limits or prevents the functions or activity that is considered
normal given the age and sex of the individual. Thus, handicapped workers are those
whose earning capacity is impaired by age or physical or mental deficiency or injury.
However, despite age, physical or mental deficiencies, and with proper placement and
adequate training techniques, he is still employable.

When Employable

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

Equal Opportunity for employment

The State shall take appropriate vocational rehabilitation measures that shall serve
to develop the skills and potential of disabled persons and enable them to compete
favorably for available productive and remunerative employment opportunities in the labor
market.
 TITLE III
PROHIBITION ON DISCRIMINATION AGAINST DISABLED PERSONS

Prohibition against discrimination

Sec. 32. Discrimination on Employment. - No entity, whether public or private, shall

discriminate against a qualified disabled person by reason of disability in regard to job
application procedures, the hiring, promotion, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.

The following constitute acts of discrimination:

(a) Limiting, segregating or classifying a disabled job applicant in such a manner

that adversely affects his work opportunities;
(b) Using qualification standards, employment tests or other selection criteria that
screen out or tend to screen out a disabled person unless such standards, tests or
other selection criteria are shown to be job-related for the position in question and
are consistent with business necessity;
(c) Utilizing standards, criteria, or methods of administration that:
(1) have the effect of discrimination on the basis of disability; or
(2) perpetuate the discrimination of others who are subject to common
administrative control.
(d) Providing less compensation, such as salary, wage or other forms of
remuneration and fringe benefits, to a qualified disabled employee, by reason of
his disability, than the amount to which a non-disabled person performing the same
work is entitled;
(e) Favoring a non-disabled employee over a qualified disabled employee with
respect to promotion, training opportunities, study and scholarship grants, solely
on account of the latter's disability;
(f) Re-assigning or transferring a disabled employee to a job or position he cannot
perform by reason of his disability;
(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,
however, That the employer first sought to provide reasonable accommodations
for disabled persons;
(h) Failing to select or administer in the most effective manner employment tests
which accurately reflect the skills, aptitude or other factor of the disabled applicant
or employee that such tests purports to measure, rather than the impaired sensory,
manual or speaking skills of such applicant or employee, if any; and
(i) Excluding disabled persons from membership in labor unions or similar
organizations.

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 therefor.

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

Upon filing of an appropriate complaint, and after due notice and hearing, the
proper authorities may also cause the cancellation or revocation of the business permit,
permit to operate, franchise and other similar privileges granted to any business entity
that fails to abide by the provisions of this Act (Sec. 3, RA No. 9442).
References:

Chan Robles Virtual Law Library. Omnibus Rules to Implement the Labor Code of the
Philippines.
https://www.chanrobles.com/implementingrulesofthelaborcode.htm#.XY5aAEYzZPY

Department of Health. (n.d.). Persons with Disabilities: Health and Wellness Program for
Persons with Disabilities. https://www.doh.gov.ph/persons-with-disabilities

Employee’s Compensation Commission. (2014). E-Reporter. ECC Finds New Champion

for its KaGabay Program. Volume 10, Issue No. 11. http://ecc.gov.ph/wp-
content/uploads/2015/04/2014_11_e-reporter.pdf

Philippine Information Agency. (2004). SWD issues guidelines on PWD auxiliary services.
http://archives.pia.gov.ph/?m=12&sec=reader&rp=1&fi=p040720.htm&no=6&date=07/2
0/2004

Poquiz, Salvador A. (2018) Labor Standards and Social Legislation with Notes and
Comments. Volume 1. Rex Book Store, 84 P. Florrentino St., Quezon City

Republic Act No. 7277. An Act Providing For The Rehabilitation, Self-Development And
Self-Reliance Of Disabled Person And Their Integration Into The Mainstream Of Society
And For Other Purposes. July 22, 1991

Republic Act No. 9442. An Act Amending Republic Act No. 7277, Otherwise Known As
The “Magna Carta For Disabled Persons, And For Other Purposes”. July 24, 2016