“MAGNA CARTA FOR DISABLED PERSONS, AND FOR OTHER PURPOSES” Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. a new chapter, to be denominated as “Chapter 8. Other privileges and Incentives” is hereby added to Title Two of Republic Act No. 7277, otherwise known as the “Magna Carta for Disabled Persons”, with new Sections 32 and 33, to read as follows: “CHAPTER 8. Other Privileges and Incentives “SEC. 32. Persons with disability shall be entitled to the following: (a) At least twenty percent (20%) discount from all establishments relative to the utilization of all services in hotels and similar lodging establishments; 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 of 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) At least twenty percent (20%) discount on medical and dental services including diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and blood tests, in all government facilities, subject to guidelines to be issued by the Department of Health (DOH), in coordination with the Philippine Health Insurance Corporation (PHILHEALTH); (e) At least twenty percent (20%) discount on medical and dental services including diagnostic and laboratory fees, 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; (f) At least twenty percent (20%) discount on fare for domestic air and sea travel for the exclusive use or enjoyment of persons with disability; (g) At least twenty percent (20%) discount in public railways, skyways and bus fare for the exclusive use and enjoyment of person with disability; (h) Educational assistance to persons with disability, 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 persons with disability, including support for books, learning material, and uniform allowance to the extent feasible: Provided, That persons with disability shall meet minimum admission requirements; (i) 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; (j) To the extent possible, the government may grant special discounts in special programs for persons with disability on purchase of basic commodities, subject to guidelines to be issued for the purpose by the Department of Trade and Industry (DTI) and the Department of Agricultural (DA); and (k) Provision of express lanes for persons with disability in all commercial and government establishments; in the absence thereof, priority shall be given to them. The abovementioned privileges are available only to persons with disability who are Filipino citizens upon submission of any of the following as proof of his/her entitlement thereto: (I) An identification card issued by the city or municipal mayor or the barangay captain of the place where the persons with disability resides; (II) The passport of the persons with disability 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 persons with disability claims a higher discount sa may be granted by the commercial establishment and/or under other existing laws or in combination with other discount programs/s. The establishments may claim the discounts granted in sub-sections (a), (b), (c), (f) and (g) as tax deductions based on the net cost of the goods sold or services rendered: 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. 33. Incentives. – Those caring for and living with a person with disability shall be granted the following incentives: (a) Persons with disability shall be treated as dependents under the Section 35 (A) of the National Internal Revenue Code, 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. 2. Republic Act No. 7277 is hereby amended inserting a new title, chapter and section after Section 38 be denominated as title 4, chapters 1 and 2 and Sections 40, 41 and 42 to read as follows: “Title Four Prohibitions on Verbal, Non-verbal Ridicule and Vilification Against Persons with Disability “CHAPTER 1. Deliverance from Public Ridicule SEC. 39. Public Ridicule. – For purposes of this chapter, public ridicule shall be defined as an act of making fun or contemptuous imitating or making mockery of persons with disability whether in writing, or in words, or in action due to their impairment/s. SEC. 40. No individual, group or community shall execute any of these acts of ridicule against persons with disability in any time and place which could intimidate or result in loss of self-esteem of the latter. CHAPTER 2. Deliverance from Vilification SEC 41. Vilification. – For purposes of this Chapter, vilification shall be defined as: (a) The utterance of slanderous and abusive statements against a person with disability; and/or (b) An activity in public which incites hatred towards, serious contempt for, or severe ridicule of persons with disability.” SEC. 42. Any individual, group or community is hereby prohibited from vilifying any person with disability which could result into loss of self-esteem of the latter.” SEC. 3. Section 46 of Republic Act No. 7277 is hereby amended to read as follows: SEC. 46. Penal Clause. – (a) Any person who violates any provision of this Act shall suffer the following penalties: (1) For the first violation, a fine of not less than Fifty Thousand pesos (P50,000.00) but not exceeding One hundred thousand pesos (P100,000.00) or imprisonment of not less than six months but not more than two years, or both at the discretion of the court; and (2) For any subsequent violation, a fine of not less than One hundred thousand pesos (P100,000.00) but not exceeding Two hundred thousand pesos (P200,000.00) or imprisonment for not less than two years but not more than six years, or both at the discretion of the court. (b) Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than six months or a fine of not less than Five thousand pesos (P5,000.00), but not more than Fifty thousand pesos (P50,000.00), or both, at the discretion of the court. (c) If the violator is a corporation, organization or any similar entity, the officials thereof directly involved shall be liable therefore. (d) If the violator is an alien or a foreigner, he shall be deported immediately after service of sentence without further deportation proceedings. Upon filing of an appropriate complaint, and after 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. 4. The title of Republic Act No. 7277 is hereby amended to read as the “Magna Carta for Persons with Disability”, and all references on the said law to “Disabled persons” shall likewise be amended to read as “persons with disability”. SEC. 5. The Department of Social Welfare and Development, the National Council for the Welfare of Disabled Persons, and the Bureau of Internal Revenue, in consultation with the concerned Senate and House committees and other agencies, organizations, establishments shall formulate implementing rules and regulations pertinent to the provision of this Act within six months after the effectivity of this Act. SEC. 6. This Act shall take effect fifteen (15) days after its publication in any two newspapers of general circulation. Approved, Republic of the Philippines Congress of the Philippines Metro Manila Fifteenth Congress Third Regular Session Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve. [REPUBLIC ACT NO. 10524] AN ACT EXPANDING THE POSITIONS RESERVED FOR PERSONS WITH DISABILITY, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7277, AS AMENDED, OTHERWISE KNOWN AS THE MAGNA CARTA FOR PERSONS WITH DISABILITY
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled: SECTION 1. Equal Opportunity for Employment. – Section 5 of Republic Act No. 7277, as amended, is hereby amended to read as follows: “SEC. 5. Equal Opportunity for Employment. – No person with disability shall be denied access to opportunities for suitable employment. A qualified employee with disability 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. “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.” SEC. 2. Implementing Rules and Regulations. – The Department of Labor and Employment (DOLE), the Civil Service Commission (CSC), the National Council on Disability Affairs (NCDA), the Governance Commission for Government-Owned or - Controlled Corporations (GCG), the Department of Health (DOH), the Department of Social Welfare and Development (DSWD), and the Bureau of Internal Revenue (BIR), in consultation with the concerned Senate and House committees and other agencies, organizations and establishments shall formulate an implementing rules and regulations pertinent to the provisions of this Act within six (6) months after the effectivity of this Act. SEC. 3. Separability Clause. – Should any provision of this Act be found unconstitutional by a court of law, such provision shall be severed from the remainder of this Act, and such action shall not affect the enforceability of the remaining provisions of this Act. SEC. 4. Repealing Clause. – All laws, presidential decrees, executive orders, and rides and regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly. SEC. 5. Effectivity Clause. – This Act shall lake effect fifteen (15) days after its publication in any two (2) newspapers of general circulation. S. No. 3560
H. No. 1387
Republic of the Philippines
Congress of the Philippines
Metro Manila
Fourteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand and nine.
[ Republic Act No. 10070]
ESTABLISHING INSTITUTIONAL MECHANISM TO ENSURE
THE IMPLEMENTATION OF PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES IN EVERY PROVINCE, CITY AND MUNICIPALITY, AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE MAGNA CARTA FOR DISABLED PERSONS, AS AMENDED, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Section 40 of Republic Act No. 7277, as amended, is hereby further amended to read as follows: Sec. 40. Role of National Agencies and Local Government Units. (a) Local government units shall promote the establishment of organizations of persons with disabilities (PWDs) in their respective territorial jurisdictions. National agencies and local government units may enter into joint ventures with organizations or associations of PWDs to explore livelihood opportunities and other undertakings that shall enhance the health, physical fitness and the economic and social well-being of PWDs. (b) Local government units shall organize and establish the following: (1) Persons with Disability Affairs Office (PDAO) PDAO shall be created in every province, city and municipality. The local chief executive shall appoint a PWD affairs officer who shall manage and oversee the operations of the office, pursuant to its mandate under this Act. Priority shall be given to qualified PWDs to head and man the said office in carrying out the following functions: (i) Formulate and implement policies, plans and programs for the promotion of the welfare of PWDs in coordination with concerned national and local government agencies; (ii) Coordinate the implementation of the provisions of this Act, Batas Pambansa Blg. 344, otherwise known as the Accessibility Law, and other relevant laws at the local level; (iii) Represent PWDs in meetings of local development councils and other special bodies; (iv) Recommend and enjoin the participation of nongovernment organizations (NGOs) and people’s organizations (POs) in the implementation of all disability-related laws and policies; (v) Gather and compile relevant data on PWDs in their localities; (vi) Disseminate information including, but not limited to, programs and activities for PWDs, statistics on PWDs, including children with disability, and training and employment opportunities for PWDs; (vii) Submit reports to the office of the local chief executive on the implementation of programs and services for the promotion of the welfare of PWDs in their respective areas of jurisdiction; (viii) Ensure that the policies, plans and programs for the promotion of the welfare of PWDs are funded by both the national and local government; (ix) Monitor fundraising activities being conducted for the benefit of PWDs; (x) Seek donations in cash or in kind from local or foreign donors to implement an approved work plan for PWDs, in accordance with existing laws and regulations; and (xi) Perform such other functions as may be necessary for the promotion and protection of the welfare of the PWDs. (2) Focal Person In consideration of budget restraints, local chief executives of fourth (4 th), fifth (5th) and sixth (6th) class municipalities may, in lieu of the creation of a PDAO, designate a focal person who shall perform the functions of the PDAO. Priority in appointment should be given to a PWD with experience in providing services to PWDs. The establishment of a PDAO or the appointment of a focal person, as the case may be, should be done in consultation and coordination with the National Council on Disability Affairs (NCDA), NGOs and POs. SEC. 2. References to the term “Disabled Persons” on the title and other sections of the same Act are hereby amended to read as Persons with Disabilities (PWDs). SEC. 3. Within three (3) years after the effectivity of this Act, appropriate agencies, headed by the Department of Social Welfare and Development (DSWD), in consultation with the NCDA and relevant NGOs and POs, shall review its implementation and recommend to Congress the need to mandate the establishment of a PDAO in fourth (4th), fifth (5th) and sixth (6th) class municipalities. SEC. 4. In order to effectively carry out the objectives of Republic Act No. 7277, the National Government, through the DSWD, shall ensure that the annual budget includes provisions to fund programs and provide support for PWDs. Local government units shall likewise ensure that the necessary fund from any available local revenues is allocated for the implementation of this Act for the benefit of PWDs in their jurisdictions. SEC. 5. Repealing Clause. All laws, presidential decrees, executive orders, and rules and regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly. SEC. 6. Separability Clause. If any provision of this Act is declared unconstitutional, the same shall not affect the validity and effectivity of the other provisions hereof. SEC. 7. Effectivity. This Act shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation or in the Official Gazette, whichever comes first.
RA 10754 – An Act Expanding The
Benefits And Priviledges Of Persons With Disability (PWD) Republic Act No. 10754 Republic of the Philippines Congress of the Philippines Metro Manila Sixteenth Congress Third Regular Session Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen. [REPUBLIC ACT NO. 10754] AN ACT EXPANDING THE BENEFITS AND PRIVILEGES OF PERSONS WITH DISABILITY (PWD) Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. Section 32 of Republic Act No. 7277, as amended, otherwise known as the “Magna Carta for Persons with Disability”, is hereby further amended to read as follows: “SEC. 32. Persons with disability shall be entitled to: “(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. 2. Section 33 of Republic Act No. 7277, as amended, is hereby further amended to read as follows: “SEC. 33. Incentives. – Those caring for and living with a PWD 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 “x x x.” SEC. 3. Implementing Rules and Regulations, – The Department of Social Welfare and Development (DSWD), in consultation with the Department of Health (DOH), the Department of Finance (DOF), and the National Council on Disability Affairs (NCDA), shall promulgate the necessary rules and regulations for the effective implementation of the provisions of this Act: Provided, That the failure of the concerned agencies to promulgate the said rules and regulations shall not prevent the implementation of this Act upon its effectivity. SEC. 4. Separability Clause. – If any provision of this Act is declared invalid or unconstitutional, other provisions hereof which are not affected thereby shall remain in full force and effect. SEC. 5. Repealing Clause. – All laws, orders, decrees, rules and regulations, and other parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. SEC. 6. Effectivity. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in two (2) newspapers of general circulation.