You are on page 1of 41

REPUBLIC ACT

7277

“MAGNA CARTA FOR DISABLED PERSONS”
BILLONES, JOANNE

REPUBLIC ACT

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

AMENDMENTS
RA 9442

RA 10070


RA 10524

APRIL 6, 2010 • APRIL 23, 2013

• ESTABLISHING INSTITUTIONAL • AN ACT EXPANDING
THE POSITIONS
MECHANISM TO ENSURE THE
RESERVED FOR
IMPLEMENTATION OF
APRIL 30, 2007
PROGRAMS AND SERVICES FOR
PERSONS WITH
AN ACT AMENDING REPUBLIC ACT NO.
PERSONS WITH DISABILITIES IN
DISABILITY, AMENDING
7277, OTHERWISE KNOWN AS THE “MAGNA
EVERY PROVINCE, CITY AND
CARTA FOR DISABLED PERSONS, AND FOR
FOR THE PURPOSE RA
OTHER PURPOSES
MUNICIPALITY, AMENDING
7277, AS AMENDED,
REPUBLIC ACT NO. 7277,
OTHERWISE KNOWN AS
OTHERWISE KNOWN AS THE
THE MAGNA CARTA FOR
MAGNA CARTA FOR DISABLED
PERSONS WITH
PERSONS, AS AMENDED, AND
DISABILITY
FOR OTHER PURPOSES

GENERAL
TITLE ONE
PROVISIONS
Chapter I – BASIC PRINCIPLE
SECTION
SECTION
SECTION
SECTION

1
2
3
4




TITLE
DECLARATION OF POLICY
COVERAGE
DEFINITION OF TERMS

SECTION 1 TITLE Act known and cited as “MAGNA CARTA FOR DISABLED PERSONS” .

Expansion of the rehabilitation services and benefits d. Advocacy of respect for disabled persons to facilitate their integration into the mainstream of society . The role of private sectors in the promotion of the welfare of disabled persons e. Disabled persons have the same rights as other people c. Disabled persons should have the full support by the state b.DECLARATION OF SECTION 2 POLICY a.

offices and agencies of the National Government or non-government organization involved in the attainment of the objectives of RA 7277 . Disabled persons b. departments.SECTION 3 COVERAGE a.

a physical or mental impairment that substantially limits an individual ii. Impairment is any loss.DEFINITION OF SECTION 4 TERMS a. diminution or aberration of psychological. a record of such an impairment. physiological. regarded as having such an impairment . OR iii. Disability shall mean: (any of the following) i. or anatomical structure of function b.

that is considered normal given the age and sex of the individual d. as a result of a mental.DEFINITION OF SECTION 4 TERMS c. physical or sensory impairment. Disabled persons are those suffering from restriction of different abilities. that limits or prevents the function or activity. to perform an activity in the manner or within the range considered normal for a human being . Handicap refers to a disadvantage for a given individual. resulting from an impairment or a disability.

IMPAIRMENT M AY LE TO A D MAY BECOME DISABILITY HANDICAP s y a o w Al ds t a le HANDICAPPED PERSONS ARE ALWAYS DISABLED. an 8-year-old. has extreme difficulty with reading (severe dyslexia) IMPAIRMENT: The brain’s difficulty in connecting text with a real object DISABILITY: The inability to read normally (Dyslexia) became a disability because it is substantially limiting HANDICAP: He is handicapped by the limitation set to him both by the impairment and by the society (peers of his age who reads better than him) . either b their impairment or by the socie EXAMPLE Ley.

has a poor eyesight and studies. She uses eyeglasses IMPAIRMENT: Poor Eyesight HANDICAP: His poor eyesight lead to a handicap in which his classmates’ taunts and insults affected his interactions with them DISABILITY: NONE. either by EXAMPLE their impairment or by the society Yan. But if it was the school authorities regarding him disabled. THEY ARE NOT COVERED ENTITIES. His normal functions are not substantially affected. and though regarded disabled by his classmates. a 5-year old. then he is considered “disabled” under the law.IMPAIRMENT M AY LE TO A D MAY BECOME DISABILITY HANDICAP s y a o w Al ds t a le HANDICAPPED PERSONS ARE ALWAYS DISABLED. .

IMPAIRMENT M AY LE TO A D MAY BECOME DISABILITY HANDICAP EXAMPLE s y a o w Al ds t a le HANDICAPPED PERSONS ARE ALWAYS DISABLED. an 40-year old. has a poor eyesight and works as a photographer but uses contact lenses IMPAIRMENT: Poor Eyesight HANDICAP: NONE. either by their impairment or by the society Yan. Her normal functions are not substantially affected . and not by her employer) DISABILITY: NONE. She is not limited (not by her impairment.

an 40-year old. has a poor eyesight and works as a photographer but uses contact lenses. but not her impairment . She is limited by her employer (a covered entity). He was fired because their next contractual project was underwater pictorial IMPAIRMENT: Poor eyesight (something wrong with her eyes) DISABILITY: The poor eyesight became a disability because she was regarded as such by her employer (A covered entity).IMPAIRMENT M AY LE TO A D MAY BECOME DISABILITY HANDICAP EXAMPLE s y a o w Al ds t a le HANDICAPPED PERSONS ARE ALWAYS DISABLED. she was regarded disabled HANDICAP: NONE. either by their impairment or by the societ Yan. she can file a complaint because under the law.

spiritual. economic. or society which limit the fullest possible participation of disabled persons in the life of the group. social. educational and vocational measures that create conditions for the individual to attain the highest possible level of functional ability f. Rehabilitation is an integrated approach to physical. Social Barriers refer to the characteristics of institutions. . whether legal. cultural. community.DEFINITION OF SECTION 4 TERMS e. any human group. recreational or other. cultural.

Cont. etc. ii. improvement of existing facilities to be readily accessible to and usable by disabled persons ii. etc. iv. (for visually impaired) acquisition or modification of equipment or devices others (that facilitate the learning process of people with mental disability) h. taped tests. (for hearing impared) qualified readers. Auxiliary Aids and Services include: i.DEFINITION OF SECTION 4 TERMS g. Reasonable Accommodation include: i. iii. qualified interpreters. .

Cont. acquisition or modification of equipment or devices. the provision of auxiliary aids and services. appropriate adjustments or modifications of examinations. training materials or company policies.DEFINITION OF SECTION 4 TERMS h. reassignment to a vacant position. rules and regulations. i. Cont. and other similar accommodations for disabled persons . modification of work schedules. ii.

DEFINITION OF SECTION 4 TERMS i. incomeproducing projects or homework schemes with a view to giving 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 . Sheltered Employment refers to the provision of productive work for disabled persons through workshops providing special facilities.

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 and whose incomes fall below the poverty threshold l. can perform the essential functions of the employment position that such individual holds . Qualified Individual with a Disability an individual with a disability who.DEFINITION OF SECTION 4 TERMS k. with or without reasonable accommodations.

.Readily Achievable means a goal can be easily attained and carried out without much difficulty or expense. the nature and cost of the action ii. Factors: i. the overall financial resources of the facility or facilities involved in the action iii. the type of operation or operations of the covered entity. the overall financial resources of the covered entity with respect to the number of its employees iv.DEFINITION OF SECTION 4 TERMS m.

trade. or communication among the provinces or between any foreign country or any territory or possession and any province . employment agency. transportation. Covered Entity is an employer. traffic. land and sea that provides the public with general or special service on a regular and continuing basis o. Commerce shall be taken to mean as travel.DEFINITION OF SECTION 4 TERMS n. commerce. labor organization or joint-labor management committee p. Public Transportation is transportation by air.

.

.

or seduced. and is exposed to moral danger. or whose parents or guardians have deserted him for a period of at least six continuous months. • Accreditation – the Certification given by the Department of Health (DOH) and the Department of Labor and Employment .pplementary Details from the IMPLEMENTING RULES AND REGULATIONS DEFINITION OF TERMS • Abandoned – one who has no proper parental care or guardianship. exploited and overworked or made to work under conditions not conductive to good health. • Abused – one who has been maltreated raped. He/She is made to be in the street or public places.

• Affordable Cost – the lowest amount charged to a person that meets the criteria for affordability as determined under existing policies of the DOH.pplementary Details from the IMPLEMENTING RULES AND REGULATIONS • Adapted Physical Education – therapeutic application of physical education to rehabilitate learners with special needs whose functional deficiencies are amenable to improvement through exercise. • Apprentice – a worker who is covered by a written Apprenticeship Agreement with an individual employer. This should be planned and implemented in coordination with psychological and medical services. • Apprenticeable Occupation – any trade. form of .

augmenting or available to augment a basis power. assistance or support b. • Auditory Training – the producer of teaching persons with hearing impairments. or ability. potential. training • Apprenticeship Agreement – means written employments contract in which the employer binds himself to train the apprentice in turn agrees to work for the employer. to make full use of their residual ability. providing help.pplementary Details from the IMPLEMENTING RULES AND REGULATIONS • Apprenticeship – means on-the-job practical supplemented by related theoretical instruction. Offering. • Auxiliary - a. supplementary . Functioning in a subsidiary capacity.

including the impaired. and see the relationship between ideas and facts.pplementary Details from the IMPLEMENTING RULES AND REGULATIONS • Basic Medical Services – services rendered to disabled patients within the competence and capability of DOH health facilities which include health examinations. perceive. understand. • Cognitive Skills – refers to the ability to see. routine/special laboratory examinations. regular dental care and selected procedures. medical/surgical procedures. • Community-Based Rehabilitation -rehabilitation measures taken at the community level that use and build on the resources of the community. and ancillary procedures as required. disabled .

needs or desire. It may be a part or . classifying and sorting of goods/cargoes are provided. reconstituted or reassembled to suit the particular user according to his personal requirements. • Customized Vehicle – a vehicle manufactured.pplementary Details from the IMPLEMENTING RULES AND REGULATIONS • Complete. • Depot – an area where facilities for storing. Adequate and Integrated System of Special Education – educational program that caters to various types of learners with special needs from preschool to tertiary levels and their formal or nonformal programs that are complementary mutually reinforcing and a comparable standards.

pplementary Details from the IMPLEMENTING RULES AND REGULATIONS • Disabled Gifted – persons who demonstrate superior performance capabilities in intellectual. • Employment Agreement – means the contract of employment entered into between the employer and the disabled worker. sensory or psychosocial disabilities. • Disabled Worker – means a worker whose earning capacity is impaired by mental. or in the arts in spite of physical. leadership. creative. physical or sensory deficiency or injury. specific academic areas. • Formal Education – refers to hierarchically structured and chronologically graded learning organized and provided by the .

pplementary Details from the IMPLEMENTING RULES AND REGULATIONS • Fits/Seizures - a neurologic condition characterized by sudden loss of consciousness coupled with sudden uncontrolled movements. . • Functional interests.Concerned with application in activity. - Relating directly to everybody needs and . .Practical.Performing or able to perform its regular function • Independent Living – the degree to which a disabled person is able to maintain himself independently in the community and in gainful employment. .

exhibit disorders in perception. • Learning Disabled – persons who.pplementary Details from the IMPLEMENTING RULES AND REGULATIONS • Learner with Special Needs – a person who differs significantly from the average learner in (a) mental characteristics. and or has a developmental lag to such an extent that he requires modified or specialized instruction and services in order to develop to his maximum capability. and . or has multiple handicaps or has chronic illness. (d) psychosocial characteristics. reading. thinking. spelling. emotional and intellectual abilities. (c) neuromuscular or physical characteristics. listening. (b) sensory abilities. although normal in sensory. writing.

hospital. . city. sheltered workshops. which caters to children. and province or to any political subdivision of the national government as defined by law. youth and adults with special needs. school or community. a corporation or any legal entity. • Local Government Unit – refers to the municipality. day care centers and entities of similar nature. a private individual. Included here are rehabilitation agencies. A learning institution may be day or residential in nature and maybe based either in the home.pplementary Details from the IMPLEMENTING RULES AND REGULATIONS • Learning Institution (LI) – any educational institution managed or owned by the government.

the disabled person is either malnourished. . deafness-blindness and others.pplementary Details from the IMPLEMENTING RULES AND REGULATIONS • Mental Disability – disability resulting from organic brain syndromes (example: mental retardation. dementia) and mental illnesses (psychotic and non-psychotic disorders). ill clad or without proper shelter. • Neglected – a neglected disabled person is one whose basic needs have been deliberately unattended or inadequately attended. acquired lesions of the central nervous system. As a result. Multi-handicapped – persons with more than one disability such as those with mental retardation-blindness mental retardation-orthopedic handicap.

which is marked by disturbance in development. with the normal functioning of the joints. consequently. having onset before 30 months of age. • Persons with Autism – a developmental disability. and . the learning efforts of their classmates. • Orthopedically Handicapped – persons whose impairment interferes either permanently or temporarily. muscles or limbs.pplementary Details from the IMPLEMENTING RULES AND REGULATIONS • Normalization – a principle in SPED where learners with special needs are provided with an educational and living environment as close as possible to what is ordinarily enjoyed by most people. language and relationships with persons. disrupt their academic progress. activities and objects. • Persons with Behavioral Problems – those who cannot adjust to the socially accepted norms of behavior and.

• Persons with Visual Impairment – those with visual disabilities ranging from partial to total loss of vision. . Persons with Mental Retardation – those with significant sub-average general intellectual functioning which originates during the developmental period.pplementary Details from the IMPLEMENTING RULES AND REGULATIONS • Persons with Hearing Impairment – those with auditory disabilities ranging from mild to profound hearing loss. learning and social adjustment. Physiatrist – a doctor of medicine with specialized training in rehabilitation medicine. existing concurrently with deficits in adaptive behavior like maturation.

relationships. facilities and equipment. feelings. teaching objectives. class schedule. services and facilities. behavior of a person with the social aspects pertaining to the situation circumstances. reactions. curricular scope and sequence. teaching strategies. • Psychosocial – comes from the words psychological and social. Modifications and adjustments may be done in such aspects as classroom program. inter-relationship of the psychological aspects pertaining to the thoughts. instructional materials.pplementary Details from the IMPLEMENTING RULES AND REGULATIONS • Program Modification – refers to any adjustments in the educational program and/or services for learners with special needs in order to facilitate their learning. events. other people which .

consideration shall be given to the employer’s . • Qualified Individual with a Disability – shall mean an individual with disability who. can perform the essential functions of the employment position that such individuals holds or desires. among others.pplementary Details from the IMPLEMENTING RULES AND REGULATIONS • Public Transport Facilities – shall defined as utilities of public transport operators engaged in the transportation of passengers on land. the conveyances. and other areas where people converge to wait for such conveyances. terminals. Facilities shall include. with or without fixed route of any class or service. with or without reasonable accommodations. air and water. However.

where income producing projects or homework schemes are available for the disabled to earn a living and acquire a working capacity required in open industry.pplementary Details from the IMPLEMENTING RULES AND REGULATIONS • Quality Education – a learning process that makes the individual a better person and prepares him to cope with rapid social change with appropriate skills and positive values leading to productive and meaningful life as responsible citizen. • Sheltered Workshop – refers to the places with special facilities for disabled workers. • Special Class – refers to a class generally for one type of a .

modification of the physical environment or specialized teaching techniques. (b) provision of a special or . facilities or resources.pplementary Details from the IMPLEMENTING RULES AND REGULATIONS • Special Education (SPED) – the type of education specifically designed for learners with special needs who can not profit maximally from regular education such that they require trained personnel. teaching methods. modifications in the caracula. instructional materials and adaptations in facilities and equipment. • Special Education Needs – take the form of the need for one or more of the following: (a) the provision of special means of access to the curriculum through special equipments.

machineries and tools of production adapted to the residual capabilities of disabled persons. – a distinctive or sometimes a restrictive mark or quality . Said facilities. gadgets. refer to special equipment. trained • Special Facilities .means the special environment devoid of architectural and attitudinal or social barriers that further incapacitate a disabled person to function as able as possible.pplementary Details from the IMPLEMENTING RULES AND REGULATIONS • Special Education Teacher . detail or characteristics. or individual circumstances.professionally educators teaching learners with special need. • Specialty – a particular. peculiar. likewise.

treatment and rehabilitation of . railways. • Suitable Employment means the jobs or occupations appropriate to the needs of disabled persons and which enhance their skills and provide them which better opportunities for employment.pplementary Details from the IMPLEMENTING RULES AND REGULATIONS • Stations are designated covered or uncovered areas on the board or highways. • Technical Aids include equipment. seaports. and airports along a route structure intended for loading and unloading passengers and cargo/es for a limited period of time where minimum passenger amenities are provided. devices and appliances that are used in the prevention.

• Unattached disabled person is one who is without a parent.pplementary Details from the IMPLEMENTING RULES AND REGULATIONS • Total Communication Approach a system of communication which incorporate aural. oral and manual modes of communication involving speech and speech reading. and is dependent upon the public for support. • Vocational Efficiency level of vocational proficiency and . reading and writing which may be used singly or in multiple combinations to ensure effective interaction with other people and among persons with hearing impairment. guardian or custodian. finger spelling and sign language.