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REPUBLIC ACT NO. 7277 - AN ACT
PROVIDING FOR THE REHABILITATION, SELF-DEVELOPMENT AND SELF-RELIANCE OF
DISABLED PERSONS AND THEIR INTEGRATION INTO THE MAINSTREAM OF SOCIETY
AND FOR OTHER PURPOSES
TITLE I. — GENERAL PROVISIONS SECTION 1. Title. — This Act shall be known and cited as the "Magna Carta for Disabled Persons" Sec. 2. Declaration of Policy — The grant of the
rights and privileges for disabled persons shall be guided by the
following principles: Sec. 3. Coverage. — This Act shall cover all disabled persons and, to the extent herein provided, departments, offices and agencies of the National Government or nongovernment organizations involved in the attainment of the objectives of this Act. Sec. 4. Definition of Terms. — For purposes of
this Act, these terms are defined as follows: TITLE II. — RIGHTS AND
PRIVILEGES OF DISABLED PERSONS Sec. 5. Equal Opportunity for Employment. — No disable person 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 Departments 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. Sec. 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. Sec. 7. Apprenticeship. — Subject to the provisions of the Labor Code as amended, 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. Sec. 8. Incentives for Employers. — 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. Sec. 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
potentials of disabled persons and enable them to compete favorably for
available productive and remunerative employment opportunities in the
labor market. CHAPTER II SECTION 12. Access to Quality Education. — The State shall ensure that disabled persons are provided with 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 institution 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 educational policies and programs. 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, especially higher 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. 6725 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 complete, adequate and integrated system of special education for the visually impaired, hearing impaired, mentally retarded persons and other types of exceptional children in all regions of the country. Toward 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 shall 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 programs 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 University or State College 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; (c) the research on special problems, particularly of the visually-impaired, hearing-impaired, speech-impaired, and orthopedically-impaired students, mentally retarded, and multi-handicapped and others, 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 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 SECTION 18. National Health Program. — The Department of Health in coordination with the National Council for the Welfare of Disabled Persons, shall institute a national health program which shall aim to attain the following: a) prevention of disability, whether occurring prenatally or postnatally; b) recognition and early diagnosis of disability; and c) early rehabilitation of the disabled. SECTION 19. Rehabilitation Centers. — The Department of Health shall establish medical rehabilitation centers in government provincial hospitals, and shall include in its annual appropriation the necessary funds for the operation of such centers. The Department of Health shall formulate and implement a program to enable marginalized disabled persons to avail of free rehabilitation services in government hospitals. Sec. 20. Health Services. — The State shall
protect and promote the right to health of disabled persons and shall
adopt an integrated and comprehensive approach to their health
development which shall make essential health services available to
them at affordable cost. CHAPTER IV Sec. 21. Auxiliary Social Services. — 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. Towards this end, 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. The components of such a program shall be as follows: a) assistance in the acquisition of prosthetic devices and medical intervention of specialty services; b) provision of specialized training activities designed to improve functional limitations of disabled persons related to communication skills; c) development among disabled persons of a positive self-image through the provision of counseling, orientation and mobility and strengthening daily living capability; d) provision of family care services geared towards developing the capability of families to respond to the needs of the disabled members of the family; e) provision of substitute family care services and the facilities therefore for abandoned, neglected, abused and unattached disabled persons who need custodial care; f) provision of after care and follow-up services for the continued rehabilitation in a community-based setting of disabled persons who were released from residential care or rehabilitation centers; and g) provision of day care services for disabled children of pre-school age. CHAPTER V Sec. 22. Broadcast Media. — Television stations shall be encouraged to provide a sign—language inset or subtitles in at least one (1) newscast program a day and special programs covering events of national significance. Sec. 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. Sec. 24. Free Postal Charges for the Disabled. —
Postal charges shall be free on the following: CHAPTER VI Sec. 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. Sec. 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. Sec. 27. Access to Public Transport Facilities. —
The Department of Social Welfare and Development shall develop a
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. Sec. 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. CHAPTER VII 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. TITLE III. — PROHIBITION ON
DISCRIMINATION AGAINST DISABLED PERSONS 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. 33. Employment Entrance Examination. — Upon
an offer of employment, a disabled applicant may be subjected to
medical examination, on the following occasions: CHAPTER II Sec. 34. Public Transportation. — It shall be considered discrimination for the franchisees or operators and personnel of sea, land, and air transportation facilities to charge higher fare or to refuse to convey a passenger, his orthopedic devices, personal effects, and merchandise by reason of his disability. CHAPTER III Sec. 35. Public Accommodations and Services. — For purposes of this Chapter, public accommodations and services shall include the following: a) an inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five (5) rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor; b) a restaurant, bar, or other establishment serving food or drink; c) a motion picture, theater, concert hall, stadium, or other place of exhibition or entertainment; d) an auditorium, convention center, lecture hall, or other place of public gathering; e) a bakery, grocery store, hardware store, shopping center, or other sales or rental establishment; f) a bank, barber shop, beauty shop, travel service, funeral parlor, gas station, office of a lawyer, pharmacy, insurance office, professional office of a health care provider, hospital or other service establishment; g) a terminal, depot, or other station used for specified public transportation; h) a museum, gallery, library or other place of public display or collection; i) a park, zoo, amusement park, or other place of recreation; j) a nursery, elementary, secondary, undergraduate, or post-graduate private school, or other place of education; k) a gymnasium, health spa, bowling alley, golf course; or l) other place of exercise or recreation. Sec. 36. Discrimination on the Use of Public
Accommodations. — a) No disabled person shall be discriminated on the
basis of disability in the full and equal enjoyment of the goods,
services, facilities, privileges, advantages or accommodations of any
place of public accommodation by any person who owns, leases, or
operates a place of public accommodation. The following constitute acts
of discrimination: Sec. 37. Use of Government Recreational or Sports Centers Free of Charge. — Recreational or sports centers owned or operated by the Government shall be used, free of charge, by marginalized disabled persons during their social, sports or recreational activities. Sec. 38. Implementing Rules and Regulations. — The
Department of Public Works and Highways shall formulate the rules and
regulations necessary to implement the provisions of this Chapter. TITLE IV. — FINAL PROVISIONS Sec. 39. Housing Program. — The National Government shall take into consideration in its national shelter program the special housing requirements of disabled persons. Sec. 40. Role of National Agencies and Local Government Units. — Local government units shall promote the establishment of organizations of disabled persons in their respective territorial jurisdictions. National agencies and local government units may enter into joint ventures with organizations or associations of disabled persons to explore livelihood opportunities and other undertakings that shall enhance the health, physical fitness and the economic and social well-being of disabled persons. Sec. 41. Support From Nongovernment Organizations.
— Nongovernment organizations or private volunteer organizations
dedicated to the purpose of promoting and enhancing the welfare of
disabled persons shall, as they, are hereby encouraged, become partners
of the Government in the implementation of vocational rehabilitation
measures and other related programs and projects. Accordingly, their
participation in the implementation of said measures, programs and
projects is to be extended all possible support by the Government. Sec. 42. Tax Incentives. — a) Any donation,
bequest, subsidy or financial aid which may be made to government
agencies engaged in the rehabilitation of disabled persons and
organizations of disabled persons shall be exempt from the donor's tax
subject to the provisions of Sec. 94 of the National Internal
Revenue Code (NIRC), as amended and shall be allowed as deductions from
the donor's gross income for purposes of computing the taxable income
subject to the provisions of Sec. 29 (h) of the Code. Sec. 43. Continuity Clause. — Should any
department or agency tasked with the enforcement or formulation of
rules and regulations and guidelines for implementation of any
provision of this Act is abolished, merged with another department or
agency or modified, such shall not affect the enforcement or
formulation of rules, regulations and guidelines for implementation of
this Act to the effect that — Sec. 44. Enforcement by the Secretary of Justice.
— Sec. 45. Authority of Court. — The court may grant
any equitable relief that such court considers to be appropriate,
including, to the extent required by this Act: Sec. 46. Penal Clause. — a) Any person who
violates any provision of this Act shall suffer the following penalties: Sec. 47. Appropriations. — The amount necessary to carry out the provisions of this Act shall be included in the General Appropriations Act of the year following its enactment into law and thereafter. Sec. 48. Separability Clause. — Should any provisions of this Act be found unconstitutional by a court of law, such provisions shall be severed from the remainder of the Act, and such action shall not affect the enforceability of the remaining provisions of this Act. Sec. 49. 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. 50. Effectivity. — This Act shall take effect
fifteen (15) days after its publication in any two (2) newspapers of
general circulation. Approved: March 24,
1992 |
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