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This page features the full text of
Republic Act No. 7277
"Magna
Carta for Disabled Persons"
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.
REPUBLIC
ACT NO. 7277AN
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
CHAPTER
I
BASIC
PRINCIPLE
Section
1. Title. — This Act shall be
known and cited as the "Magna Carta for Disabled Persons."
chanrobles virtuallaw libraryred
Sec.
2. Declaration of Policy — The
grant of the rights and privileges for disabled persons shall be guided
by the following principles:chanroblesvirtualawlibrary
(a) Disabled
persons are part of Philippine society, thus the State shall give full
support to the improvement of the total well-being of disabled persons
and their integration into the mainstream of society. Toward this end,
the State shall adopt policies ensuring the rehabilitation,
self-development
and self-reliance of disabled persons. It shall develop their skills
and
potentials to enable them to compete favorably for available
opportunities.
chanrobles virtuallaw libraryred(b) Disabled
persons have the same rights as other people to take their proper place
in society. They should be able to live freely and as independently as
possible. This must be the concern of everyone — the family, community
and all government and nongovernment organizations. Disabled persons'
rights
must never be perceived as welfare services by the Government.
(c) The
rehabilitation of the disabled persons shall be the concern of the
Government
in order to foster their capacity to attain a more meaningful,
productive
and satisfying life. To reach out to a greater number of disabled
persons,
the rehabilitation services and benefits shall be expanded beyond the
traditional
urban-based centers to community based programs, that will ensure full
participation of different sectors as supported by national and local
government
agencies. chanrobles virtuallaw libraryred
(d) The
State also recognizes the role of the private sector in promoting the
welfare
of disabled persons and shall encourage partnership in programs that
address
their needs and concerns.
(e) To
facilitate integration of disabled persons into the mainstream of
society,
the State shall advocate for and encourage respect for disabled
persons.
The State shall exert all efforts to remove all social, cultural,
economic,
environmental and attitudinal barriers that are prejudicial to disabled
persons.
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.chanrobles virtual law library
Sec.
4. Definition of Terms. — For
purposes of this Act, these terms are defined as follows:chanroblesvirtualawlibrary
(a) Disabled
persons are those suffering from restriction or 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; chanrobles virtuallaw libraryred(b) Impairment
is any loss, diminution or aberration of psychological, physiological,
or anatomical structure or 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; chanrobles virtuallaw libraryred
(d) Handicap
refers to a disadvantage for a given individual, resulting from an
impairment
or a disability, that limits or prevents the function 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
tend
to single out and exclude disabled persons and which distort roles and
inter-personal relationships;
(g) Auxiliary
Aids and Services include:
(1) qualified
interpreters or other effective methods of delivering materials to
individuals
with hearing impairments;chanrobles virtuallaw libraryred(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 chanrobles virtuallaw libraryred
(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 provision of auxiliary aids and services,
and
other similar accommodations for disabled persons; chanrobles virtuallaw libraryred(i) Sheltered
Employment refers to the provision of productive work for disabled
persons
through workshops providing special facilities, income-producing
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;
(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 and whose incomes fall
below
the poverty threshold; chanrobles virtuallaw libraryred
(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 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;
(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;chanrobles virtuallaw libraryred(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 chanrobles virtuallaw libraryred
(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 facility or
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; chanrobles virtuallaw libraryred(o) Covered
Entity means an employer, employment agency, labor organization or
joint-labor
management committee; and
(p) Commerce
shall be taken to mean as 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
CHAPTER
I
EMPLOYMENT
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. chanrobles virtuallaw libraryred
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.cralaw:red
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.cralaw:red
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.cralaw:red
(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 persons 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 improve 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. chanrobles virtuallaw libraryred
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.cralaw:red
The
State shall also take measures to ensure the provision 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
nongovernmental organizations 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.cralaw:red
Sec.
10. Vocational Guidance and Counseling.
— The Department of Social and Welfare and Development, shall implement
measures providing and evaluating vocational guidance and counseling to
enable disabled persons to secure, retain and advance in employment. It
shall ensure the availability and training of counselors and other
suitably
qualified staff responsible for the vocational guidance and counseling
of disabled persons.chanrobles virtuallaw libraryred
Sec.
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 the Disabled Persons (NCWDP) shall promulgate the
rules
and regulations necessary to implement the provisions under this
Chapter.cralaw:red
CHAPTER
II
EDUCATION
Sec.
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.chanrobles virtual law library
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.chanrobles virtual law library
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. chanrobles virtuallaw libraryred
Sec.
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.
Sec.
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.cralaw:red
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.
Sec.
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.cralaw:red
Sec.
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.cralaw:red
Sec.
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.cralaw:red
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
HEALTH
Sec.
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:chanroblesvirtualawlibrary
(a) prevention
of disability, whether occurring prenatally or postnatally;
chanrobles virtuallaw libraryred(b) recognition
and early diagnosis of disability; and
(c) early
rehabilitation of the disabled.
Sec.
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. chanrobles virtuallaw libraryred
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.cralaw:red
The
National Government shall provide an integrated health service for
disabled
persons which shall include, but not limited to, the following:
(a) prevention
of disability through immunization, nutrition, environmental protection
and preservation, and genetic counseling; and early detection of
disability
and timely intervention to arrest disabling condition; and chanrobles virtuallaw libraryred(b) medical
treatment and rehabilitation.chanrobles virtuallaw libraryred
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. It shall also train its
field health personnel in the provision of medical attention to
disabled
persons. It shall further ensure that its field health units have the
necessary
capabilities to fit prosthetic and orthotic appliances on disabled
persons.chanrobles virtual law library
CHAPTER
IV
AUXILIARY
SOCIAL SERVICES
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;chanrobles virtuallaw libraryred(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 therefor for
abandoned,
neglected, abused and unattached disabled persons who need custodial
care; chanrobles virtuallaw libraryred
(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
TELECOMMUNICATIONS chanrobles virtuallaw libraryred
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.chanrobles virtual law library
chanrobles virtuallaw libraryred
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.chanrobles virtual law library
Sec.
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; andchanrobles virtuallaw libraryred(b) aids
and orthopedic devices for the disabled sent by abroad by mail for
repair:chanroblesvirtualawlibrary
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.chanrobles virtual law library
CHAPTER
VI
ACCESSIBILITY
chanrobles virtuallaw libraryred
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".chanrobles virtual law library
chanrobles virtuallaw libraryred
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.
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. chanrobles virtuallaw libraryred
The
"Accessibility Law", as amended, shall be made suppletory to this Act.
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.
chanrobles virtuallaw libraryred
CHAPTER
VII
POLITICAL
AND CIVIL RIGHTS chanrobles virtuallaw libraryred
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.chanrobles virtual law library
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.cralaw:red
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.cralaw:red
Organizations
of disabled persons shall participate in the identification and
preparation
of programs that shall serve to develop employment opportunities for
the
disabled persons.cralaw:red
TITLE
III
PROHIBITION
ON DISCRIMINATION AGAINST DISABLED PERSONS
chanrobles virtuallaw libraryred
CHAPTER
I
DISCRIMINATION
ON EMPLOYMENT
chanrobles virtuallaw libraryred
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;
chanrobles virtuallaw libraryred(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 chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred(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;
chanrobles virtuallaw libraryred(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:chanroblesvirtualawlibrary
(a) all
entering employees are subjected to such an examination regardless of
disability; chanrobles virtuallaw libraryred(b) information
obtained during the medical condition or history of the applicant is
collected
and maintained on separate forms and in separate medical files and is
treated
as a confidential medical record; Provided, however, That:chanroblesvirtualawlibrary(1) supervisors
and managers may be informed regarding necessary restrictions on the
work
or duties of the employees and necessary accommodations;chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred(2) first
aid and safety personnel may be informed, when appropriate, if the
disability
may require emergency treatment;
(3) government
officials investigating compliance with this Act shall be provided
relevant
information on request; and
(4) the
results of such examination are used only in accordance with this Act.
CHAPTER
II
DISCRIMINATION
ON TRANSPORTATION chanrobles virtuallaw libraryred
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.
chanrobles virtuallaw libraryred
CHAPTER
III
DISCRIMINATION
ON THE USE OF PUBLIC ACCOMMODATIONS AND SERVICES chanrobles virtuallaw libraryred
Sec.
35. Public Accommodations and
Services. — For purposes of this Chapter, public accommodations and
services
shall include the following:chanroblesvirtualawlibrary
(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;
chanrobles virtuallaw libraryred(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;chanrobles virtuallaw libraryred
(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 chanrobles virtuallaw libraryred
(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:chanroblesvirtualawlibrary
(1) denying
a disabled person, directly or through contractual, licensing, or other
arrangement, the opportunity to participate in or benefit from the
goods,
services, facilities, privileges, advantages, or accommodations of an
entity
by reason of his disability; chanrobles virtuallaw libraryred(2) affording
a disabled person, on the basis of his disability, directly or through
contractual, licensing, or other arrangement, with the opportunity to
participate
in or benefit from a good service, facility, privilege, advantage, or
accommodation
that is not equal to that afforded to other able-bodied persons;
and
(3) providing
a disabled person, on the basis of his disability, directly or through
contractual, licensing, or other arrangement, with a good, service,
facility,
advantage, privilege, or accommodation that is different or separate
form
that provided to other able-bodied persons unless such action is
necessary
to provide the disabled person with a good, service, facility,
advantage,
privilege, or accommodation, or other opportunity that is as effective
as that provided to others;
For
purposes of this Section, the term "individuals or class of
individuals"
refers to the clients or customers of the covered public accommodation
that enters into the contractual, licensing or other arrangement.
chanrobles virtuallaw libraryred
(b) Integrated
Settings — Goods, services, facilities, privileges, advantages, and
accommodations
shall be afforded to individual with a disability in the most
integrated
setting appropriate to the needs of the individual.chanrobles virtuallaw libraryred
(c) Opportunity
to Participate — Notwithstanding the existence of separate or different
programs or activities provided in accordance with this Section, an
individual
with a disability shall not be denied the opportunity to participate in
such programs or activities that are not separate or different.
(d) Association
— It shall be discriminatory to exclude or otherwise deny equal goods,
services, facilities, advantages, privileges, accommodations or other
opportunities
to an individual or entity because of the known disability of an
individual
with whom the individual or entity is known to have a relationship or
association.
(e) Prohibitions
— For purposes of this Section, the following shall be considered as
discriminatory:
(1) the
imposition or application of eligibility criteria that screen out or
tend
to screen out an individual with a disability or any class or
individuals
with disabilities from fully and equally enjoying any goods, services,
facilities, privileges, advantages, or accommodations, unless such
criteria
can be shown to be necessary for the provision of the goods, services,
facilities, privileges, or accommodations being offered;chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred(2) a
failure to make reasonable modifications in policies, practices, or
procedures,
when such modifications are necessary to afford such goods, services,
facilities,
privileges, advantages, or accommodations to individuals with
disabilities,
unless the entity can demonstrate that making such modifications would
fundamentally alter the nature of the goods, facilities, services,
privileges,
advantages, or accommodations;
(3) failure
to take such steps as may be necessary to ensure that no individual
with
a disability is excluded, denied services, segregated or otherwise
treated
differently than other individuals because of the absence of auxiliary
aids and services, unless the entity can demonstrate that taking such
steps
would fundamentally alter the nature of the good, service, facility,
privilege,
advantage or accommodation being offered or would result in undue
burden;
(4) a
failure to remove architectural barriers, and communication barriers
that
are structural in nature, in existing facilities, where such removal is
readily achievable; and
(5) where
an entity can demonstrate that the removal of a barrier under clause
(4)
is not readily achievable, a failure to make such goods, services,
facilities,
privileges, advantages, or accommodations available through alternative
methods if such methods are readily achievable.chanrobles virtuallaw libraryred
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.
chanrobles virtuallaw libraryred
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.chanrobles virtual law library
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.
chanrobles virtuallaw libraryred
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.chanrobles virtual law library
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.cralaw:red
The
Government shall sponsor a volunteer service program which shall
harness
the involvement of private individuals in the provision of assistance
to
disabled persons. chanrobles virtuallaw libraryred
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 Section 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 Section 29 (h) of the Code.
(b) Donations
from foreign countries shall be exempt from taxes and duties on
importation
subject to the provisions of Section 105 of the Tariff and Customs Code
of the Philippines, as amended, Section 103 of the NIRC, as amended and
other relevant laws and international agreements.cralaw:red
(c) Local
manufacturing or technical aids and appliances used by disabled persons
shall be considered as a preferred area of investment subject to the
provisions
of Executive Order No. 226 otherwise known as the "Omnibus Investments
Code of 1987" and, as such, shall enjoy the rights, privileges and
incentives
as provided in said Code such as, but not limited, to the
following:
(1) repatriation
of investments; chanrobles virtuallaw libraryred(2) remittance
of earnings;
(3) remittance
of payments on foreign contracts;
(4) freedom
from expropriations;
(5) freedom
from requisition of investment; chanrobles virtuallaw libraryred
(6) income
tax holiday;
(7) additional
deduction for labor expense;
(8) tax
and duty exemption on imported capital equipment;
(9) tax
credit on domestic capital equipment;
(10) exemption
from contractor's tax;
(11) simplification
of customs procedures; chanrobles virtuallaw libraryred
(12) unrestricted
use of consigned equipment;
(13) employment
of foreign nationals;
(14) tax
credit for taxes and duties on raw materials;
(15) access
to bonded manufacturing/traded warehouse system;
(16) exemption
from taxes and duties on imported spare parts; and
(17) exemption
from wharfage dues and any export tax, duty, impost and fee.
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 —
(a) In
case of abolition, the department or agency established to replace the
abolished department or agency shall take-over the functions under this
Act of the abolished department or agency. chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred(b) In
case the department or agency tasked with the enforcement or
formulation
of rules, regulations and guidelines for implementation of this Act is
merged with another department or agency, the former shall continue the
functions under this Act of the merged department or agency.chanrobles virtual law library
(c) In
case of modification, the department or agency modified shall continue
the functions under this Act of the department or agency that has
undergone
the modification.
Sec.
44. Enforcement by the Secretary
of Justice. —
(a) Denial
of Right(1) Duty
to Investigate — the Secretary of Justice shall investigate alleged
violations
of this Act, and shall undertake periodic reviews of compliance of
covered
entities under this Act.
(b) Potential
Violations — If the Secretary of Justice has reasonable cause to
believe
that —(1) any
person or group of persons is engaged in a pattern or practice of
discrimination
under this Act; or chanrobles virtuallaw libraryred(2) any
person or group or persons has been discriminated against under this
Act
and such discrimination raises an issue of general public importance,
the
Secretary of Justice may commence a legal action in any appropriate
court.chanrobles virtual law library
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:chanroblesvirtualawlibrary
(a) granting
temporary, preliminary or permanent relief; chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred(b) providing
an auxiliary aid or service, modification of policy, practice or
procedure,
or alternative method; and
(c) making
facilities readily accessible to and usable by individuals with
disabilities.
Sec.
46. Penal Clause. — (a) Any person
who violates any provision of this Act shall suffer the following
penalties:chanroblesvirtualawlibrary
(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 (6) months but not more than two (2) years, or
both
at the discretion of the court; and chanrobles virtuallaw libraryred(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 (2) years but not more than six
(6)
years, or both at the discretion of the court.chanrobles virtual law library
(b) Any
person who abuses the privileges granted herein shall be punished with
imprisonment of not less than six (6) 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.
chanrobles virtuallaw libraryred
(c) If
the violator is a corporation, organization or any similar entity, the
officials thereof directly involved shall be liable therefor.chanrobles virtual law library
(d) If
the violator is an alien or a foreigner, he shall be deported
immediately
after service of sentence without further deportation proceedings. chanrobles virtuallaw libraryred
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.cralaw:red
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. chanrobles virtuallaw libraryred
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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