UNIVERSITY OF SAN JOSE-RECOLETOS

SCHOOL OF LAW

AGRARIAN REFORM LAW AND

SOCIAL LEGISLATION
Llb 215 – 7019

SENIOR CITIZENS
PERSONS WITH DISABILITIES

Submitted to:
Atty. Ethelbert B. Ouano

Submitted by:
Almoroto, Art Kevin
Jurado, Leilani
Ladub, Franchesca Bea
Remulta, Tiffany Niña
Villamor, Faye Patricia
I. TRUE/FALSE
1. It shall be considered discrimination for the franchises to refuse to
convey a passenger by reason of his disability
True
2. Recreational or sport centers owned or operated by the Government
shall be used free of charge by marginalized disabled persons
True
3. The government is prohibited to sponsor a volunteer service program for
the assistance to disabled persons
False
4. Donations made to government agencies engaged in the rehabilitation
of disabled persons shall be subject to donor’s tax subject to the
provisions of the National Internal Revenue Code
False
5. An alien who violates RA 7277 shall be deported immediately after
service of sentence without further deportation proceedings
True
6. An auditorium is considered a public accommodation under RA 7277
True
7. Air transportation facilities are allowed to charge higher fare to disabled
persons
False
8. National agencies and local government units may enter into joint
ventures with organizations of disabled persons to explore livelihood
opportunities
True
9. International manufacturing of technical aids and appliances used by
disabled persons shall be considered as a preferred area of investment
False
10.The Secretary of the DSWD has the duty to investigate alleged
violations of RA 7277.
False
11. One of the purpose of crafting the Senior Citizens Act is to provide a
comprehensive financial system for disabled senior citizens so as to help
them in their essential necessities.
FALSE: To provide a comprehensive health care and rehabilitation
system for disabled senior citizens.
12. The Head of the Office of the Senior Citizens Affairs is the Mayor of the
LGU.
FALSE: The mayor is only exercising supervisory function over the
office and he is who appoints the Head of the office in question who
is a senior citizen.
13. Senior Citizens qualified to render services to the community are
determined by the DILG and DSWD.
FALSE: The Office of the Senior Citizens Affairs Determines the
qualification.
14. Senior Citizens can lodge a complaint before the Office of the Senior
Citizens Affairs on matters of violation by an individual or business entity
against their entitlement consonant to the statutory mandates of Senior
Citizens Act.
FALSE: The office only assists the filing of the complaint before the
prosecutors office or Proper court concordant with the Rules of court.
15. The Head of OSCA cannot extend his occupancy of his office but the
Mayor may reappoint him.
FALSE: Reappointment is proscribed but the Head may extend when
necessity so demands.
16. Senior Citizens are entitled of the 20% discount and VAT exemption for
the use of all sorts Public Transportation except Mass Railway Transit.
FALSE: All sorts of public transportation except Public Motorcycle
Vehicles
17. Senior citizen or elderly refers to any resident citizen of the Philippines
at least sixty (60) years old and those who were retired and they income
per annum is P 60,000 or below.
FALSE: Senior citizen or elderly refers to any resident citizen of the
Philippines at least sixty (60) years old
18. Death benefit assistance of a minimum of Two thousand pesos P5,
000.00 shall be given to the nearest surviving relative of a deceased senior
citizen.

FALSE: The amount is P2000.00

19. In the purchase of goods and services which are on promotional
discount, the senior citizen can only either avail of the prevailing
promotional discount orthe discount provided in the Senior Citizens Act at
his/her option.
FALSE: Senior citizen can avail of the promotional discount or the
discount provided in the Act, whichever is higher
20. Any juridical or partnership entity or business establishment shall be
penalized with cancellation or revocation of the business permit, or
franchise, after due notice and hearing.
TRUE
21. Persons with disability shall be treated as dependents under those
caring for and living with a person with disability.
TRUE
22. Persons with disability are entitled to free admission in theaters, cinema
houses, concert halls, circuses, carnivals and other similar places of culture,
leisure and amusement for the exclusive use or enjoyment of persons with
disability.
FALSE
23. Persons with disability are entitled to at least twenty percent (20%)
discount on fare for domestic air and sea travel for the exclusive use or
enjoyment of persons with disability.
 TRUE
24. Provincial medical rehabilitation centers shall provide the services of a
physical therapist and/or an occupational therapist on a permanent basis.
Other services may not be provided by the centers.
Answer: False (The Medical Rehabilitation Center shall provide, as a
minimum, the services of a physical therapist and/or an occupational
therapist on a permanent basis. Other services, such as but not
limited to occupational and speech rehabilitation may be provided
depending on the capability of the center. [Rule IV, Section 5, IRR of
R.A. No. 7277])

25. The Department of Health cannot field medical personnel to municipal

health centers since this is under the discretion of the Local Government
Unit (LGU) involved.
Answer: False (The Department of Health shall field medical
personnel specializing in the treatment and rehabilitation of disabled
persons to provincial hospitals and, when viable, to municipal health
centers. [Section 20, R.A. No. 7277])
26. Health services available in any government health facility shall be at
discounted rates for indigent disabled handicapped patients.
Answer: False (Health services available in any government health
facility shall be provided free to indigent disabled handicapped
patients. [Rule IV, Section 6, IRR of R.A. No. 7277])
27. Television stations shall be encouraged to provide a sign language
inset or subtitles in at least one (1) newscast program a day and special
program covering events of national significance.
Answer: True ([Section 23, R.A. No. 7277])
28. Postal charges shall be free on aids and orthopedic devices for the
disabled sent abroad by mail for repair s for their sale in the market.
Answer: False (Postal charges shall be free on the following: x x x
aids and orthopedic devices for the disabled sent abroad by mail for
repair; provided, that the aforesaid items are for personal purposes
only x x x [Section 24, R.A. No. 7277])
29. According to Article 78 of the Labor Code, handicapped workers are
those whose earning capacity is not impaired by age or physical or mental
deficiency or injury.
FALSE
30. Handicapped workers may be employed when their employment is
necessary to prevent curtailment of employment opportunities and when it
does not create unfair competition in labor costs or impair or lower working
standards.
TRUE
31. The employment agreement between employers and handicapped
employees shall not be subject to inspection by the Secretary of Labor or
his duly authorized representative.
FALSE
32. The rate to be paid the handicapped workers shall not be less than
seventy-five (75%) percent of the applicable legal minimum wage.
FALSE
33. Handicapped workers may be hired as apprentices or learners if their
handicap is not such as to effectively impede the performance of job
operations in the particular occupations for which they are hired.
TRUE

II. MULTIPLE CHOICE

1.) Below are the objectives of the Senior Citizens Act, except:
A. To recognize the rights of senior citizens.
B. Improvement of the total well-being of the elderly and their full
participation in society.
C. Encourage the senior citizens to contribute to nation building.
D. To ensure that Senior Citizens enjoy their living in the community and to
constantly have a security of their livelihood despite their age.

2.) Which laws amended R.A 7432?

A. R.A 9725 and R.A 4949
B. R.A 9257 and R.A 9994
C. R.A 9752 and R.A 9499
D. R.A 9527 and R.A 9949

3.) What is OSCA in the Senior Citizens Act?

A. Office of the Senior Citizens Act
B. Office of the Senior Citizens Affairs
C. Office of the Senior Citizens Administration
D. Office of the Senior Citizens Authority

4.) Which among the statements is not the function of the OSCA?
A. To plan, implement and monitor yearly work programs in pursuance of
the objectives of this Act;
B. Make a list of available and required services which can be provided by
the senior citizens;
C. Maintain the update on a quarterly basis the list of senior citizens and to
issue national individual identification cards, free of charge.
D. To Provide P10, 000. 00 monthly financial assistance for those senior
citizens who don’t have source of income to aid their monthly essential
necessities.

5.) If the violator of the Senior Citizens Act is an Alien what comes as a
penalty?
A. He/She shall be imprisoned immediately
B. He/Sheshall be extradited
C. He/she shall be deported immediately after service of sentence.
D. He/Shall be deported at once.

6.) The provisions in the Senior Citizens Act where business

establishments are required to give 20% discount and VAT exemption to
Senior Citizens is an Act of:
A. Police Power
B. Eminent Domain
C. Taxation
D. Tax Credit Power of the State

7.) One of which is NOT True as a condition in order that senior citizen can
avail the 5% discount for monthly utilization of water and electricity.

A. Meters are registered in the name of the senior citizen .

B. That the monthly consumption does not exceed one hundred kilowatt
hours (100 kWh) of electricity and thirty cubic meters (30 m3) of water.
C. Senior citizen must have paid the bill on or before the due date.
D. Per household is only 5% regardless of the number of senior citizens
residing therein.

8.) From which agency does financial budget of OSCA and Senior Citizens
come from pursuant to R.A 7432 as amended by R.A 9994?

A. LGU concerned
B. DSWD
C. DILG
D. Office of the President

9.) This refers to any elderly who is frail, sickly or with disability, and without
pension or permanent source of income, compensation or financial
assistance from his/her relatives to support his/her basic needs.
A. Senior Citizen
B. Indigent Senior Citizen
C. Disadvantaged Senior Citizen
D. Poverty-Stricken Senior Citizen

10.) Senior Citizens are entitled of a 20% discount and VAT exemption in
the use of public transport vehicles/vessels/public air transport, except:

A. In the use of Sea Shipping vessels

B. Public Motorcycle Vehicles
C. Domestic Air Transport
D. Public Utility Jeepneys

11.Persons with disability are entitled to the following EXCEPT:

a. At least twenty percent (20%) discount from all establishments
relative to the utilization of all services in hotels and similar lodging
establishments; restaurants and recreation centers for the exclusive
use or enjoyment of persons with disability;
b. A minimum of twenty percent (20%) discount on admission fees
charged by theaters, cinema houses, concert halls, circuses,
carnivals and other similar places of culture, leisure and amusement
for the exclusive use or enjoyment of persons with disability;
 c. At least twenty percent (20%) discount for the purchase of medicines
in all drugstores for the exclusive use or enjoyment of persons with
disability;
d. None of the above
e. All of the above
12.The privileges and incentives privileges are available only to persons
with disability who are Filipino citizens upon submission of any of the
following as proof of his/her entitlementEXCEPT:
a. An identification card issuedby the city or municipal mayor or the
barangay captain of the place where the persons with disability
resides
b. Philippines Postal ID of the persons with disability concerned
c. The passport of the persons with disability concerned
d. Transportation discount fare Identification Card (ID) issued by the
National Council for the Welfare of Disabled Persons (NCWDP).
13.The following constitute acts of discrimination EXCEPT
a. 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;
b. 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;
c. Re-assigning or transferring a disabled employee to a job or position
he cannot perform by reason of his disability;
d. A & b only
e. All of the above
f. None of the above

14.The following institutions, except one, shall oversee the training of

personnel in provincial rehabilitation centers.
A. The Department of Health
B. The Civil Service Commission
C. The National Council for the Welfare of Disabled Persons
D. Specialists in the field of rehabilitation
Answer: A (The training of personnel in provincial rehabilitation centers
shall be organized by the Department of Health in consultation with the
National Council for the Welfare of Disabled Persons and other specialists
in the field. [Rule IV, Section 3, IRR of R.A. No. 7277])

15. Auxiliary social services that will respond to the needs of

marginalized disabled persons, are under the supervision of which
government institution?
A. The Department of Health
B. The Department of Social Welfare and Development
C. The National Council for the Welfare of Disabled Persons
D. None of the above

Answer: B (The Department of Social Welfare and Development shall

develop and implement programs on auxiliary social services that respond
to the needs of marginalized disabled persons. [Section 21, R.A. No. 7277])

16. What are the main purposes for the provision of auxiliary social
services as stated under law?
A. To restore social functioning
B. To restore participation in community affairs
C. To restore social standing in the community
D. Only A and B

Answer: D (The State shall ensure that marginalized persons are provided
with the necessary auxiliary services that will restore their social
functioning and participation in community affairs. [Section 21, R.A. No.
7277])

17. The Department of Health shall include in its annual budgetary

proposals the provision for the funding requirements of the National Health
Program for disabled persons; true or false?
A. True
B. False
C. Somewhat true
D. Somewhat false

Answer: A (The Department of Health shall include in its annual budgetary

proposals the provision for the funding requirements of the program. [Rule
IV, Section 3, IRR of R.A. No. 7277])

18. Under the law, postal charges for disabled persons shall be free on
the following groups of items, except one:
A. Article and literature like books and periodicals
B. Special clothing for disabled persons
C. Orthopedic and other devices
D. Teaching aids for the use of the disabled

Answer: (Postal charges shall be free on the following: article and literature
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.
[Section 24, R.A. No. 7277])

19. The employment agreement shall comprise of the following except:

a) The names and addresses of the handicapped workers to be

employed
b) The rate to be paid the handicapped workers which shall not be
less than seventy five (75%) percent of the applicable legal
minimum wage
c) The work to be performed by handicapped workers
d) The working hours of the handicapped workers
20. Auxiliary Aids and Services include the following except:
a) qualified interpreters or other effective methods of delivering
materials to individuals with hearing impairments
b) unqualified readers, taped tests, or other effective methods of
delivering materials to individuals with visual impairments
c) acquisition or modification of equipment or devices; and
 d) other similar services and actions or all types of aids and services
that facilitate the learning process of people with mental disability
21. Sec. 1 of R.A 10524 provides that:
a) At least one percent (1%) of all positions in all government agencies,
offices or corporal ions shall be reserved for persons with disability:
Provided, That private corporations with more than one hundred (100)
employees are encouraged to reserve at least one percent (1%) of all
positions for persons with disability
b) At least one percent (5%) of all positions in all government agencies,
offices or corporal ions shall be reserved for persons with disability:
Provided, That private corporations with more than one hundred (100)
employees are encouraged to reserve at least one percent (5%) of all
positions for persons with disability
c) At least one percent (1%) of all positions in all government agencies,
offices or corporal ions shall be reserved for persons with disability:
Provided, That private corporations with more than one hundred (100)
employees are encouraged to reserve at least one percent (5%) of all
positions for persons with disability
d) At least one percent (5%) of all positions in selected government
agencies, offices or corporal ions shall be reserved for persons with
disability: Provided, That private corporations with more than one
hundred (100) employees are encouraged to reserve at least one
percent (1%) of all positions for persons with disability

22. Reasonable accommodation means:

a) improvement of existing facilities used by employees in order to
render these readily accessible to and usable by disabled persons
b) modification of work schedules, reassignment to a vacant position,
acquisition or modification of equipment or devices, appropriate
adjustments Or modifications of examinations, training materials or
company policies, rules and regulations, the provision of auxiliary
aids and services, and other similar accommodations for disabled
persons
c) B only
d) A and B
23. The State shall ensure that disabled persons are provided with
adequate access to quality education and ample opportunities to develop
their skills. By this:

a) It shall take appropriate steps to make such education accessible to

all disabled persons.
b) A only
c) A and D
d) It shall be unlawful for any learning institution to deny a disabled
person admission to any course it offers by reason of handicap or
disability.

ESSAY
1. What is the constitutional basis of R.A 7532 or otherwise known
as Senior Citizen’s Act?
ANSWER:
a.) Section 11 of Article XIII:

The State shall adopt an integrated and comprehensive approach to

health development which shall endeavor to make essential goods,
health and other social services available to all the people at affordable
cost. There shall be priority for the needs of the under-privileged, sick,
elderly, disabled, women, and children. The State shall endeavor to
provide free medical care to paupers.

b.) Section 4 of Article XV:

The family has the duty to care for its elderly members but the State
may also do so through just programs of social security.

2. Mang Tomas is the owner of the Mang Drugstore which

complies the Senior Citizens Act in giving 20% percent discount
and VAT exemption. After a year, noticing that the senior citizen
discount and VAT exemption have greatly affected their profit,
sought advice from his Lawyer-friend as to the validity of the
statutory mandate as it affects negatively their income. His
 lawyer-friend advised that provisions of the Act related to
discount and VAT exemption is unconstitutional as it constitutes
deprivation of private property but without affording just
compensation. Is Mang Tomas Lawyer-friend correct?

ANSWER:

No. Mang Tomas Lawyer-friend is not correct in his advice.

The provisions on 20% discount and VAT exemption in Senior Citizens

Act is not an exercise of Eminent domain but of Police Power.

In the case of CarlosSuperDrug vs DSWD, the court said, “the same

with the power of eminent domain, Police power has general welfare for
its object. Police power is not capable of an exact definition, but has
been purposely veiled in general terms to underscore its
comprehensiveness to meet all exigencies and provide enough room for
an efficient and flexible response to conditions and circumstances, thus
assuring the greatest benefits. Accordingly, it has been described as the
most essential, insistent and the least limitable of powers, extending as
it does to all the great public needs”.
Thus, the provisions in question is not unconstitutional as it is an
exercise of Police Power by the state, and that the advice of Mang
Tomas Lawyer-friend is not correct.
3. RA 7277 mandates a 20% on purchase of medicines in favor of
persons with disabilities.

a. Is this an instance of eminent domain? (3pts)

No, this is not an exercise of eminent domain. This is an exercise of
police power to promote the welfare of the people, especially those
who have less in life. Consequently, there is no need for just
compensation. The law leaves reasonable and viable economic
usefulness; hence, there is no “taking.”
b. Does the law violate the reasonable means test (due process),
considering it only requires an ID? (3pts)
No, it does not violate due process. The implementation is
reasonable because, before a person is issued a PWD ID, he must
 first show a medical certificate of his disability if it is not apparent by
the naked eye.
c. Does the law violate equal protection because it only targets
retailers and not all players in the drug industry? (3pts)
No, it does not violate equal protection because the distinction
between retailers and manufacturers, etc. is real and substantial.
Equal protection is not an iron-clad rule.

4. Which government institution is tasked to establish of a National

Health Program for disabled persons, and what are the aims that
underlie the creation of the said program? (5 pts)

Answer: The Department of Health, in coordination with the National

Council for the Welfare of Disabled Persons, is the government
institution tasked to create a National Health Program for disabled
persons subject to Section 18 of R.A. No. 7277.
The same provision likewise maps out the following aims for the
creation of a National Health Program for disabled persons: (a) the
prevention of disability; (b) the recognition and early diagnosis of
disability; and (c) the early rehabilitation of disabled persons.

5. What specific role does a Local Government Unit (LGU) play in

line with the provision of services of provincial medical
rehabilitation centers? (5 pts)

Answer: In accordance with the Implementing Rules and Regulations

(IRR) or R.A. No. 7277, Local Government Units (LGUs) shall provide
appropriate community-based rehabilitation services to patients who
have undergone rehabilitation at provincial rehabilitation centers.

Accordingly, these patients will be referred to their respective Local

Government Units (LGUs) to maintain the continuity of services.