Sponsored by: The ChanRobles Group A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library. 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. 7277
TITLE
I
CHAPTER
I
Section
1. Title. — This Act shall be
known and cited as the "Magna Carta for Disabled Persons."
chan robles virtual law library Sec.
2. Declaration of Policy — The
grant of the rights and privileges for disabled persons shall be guided
by the following principles:chanroblesvirtualawlibrary
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
RIGHTS AND PRIVILEGES OF DISABLED PERSONS CHAPTER
I
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. chan
robles virtual law library 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 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 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 (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. chan robles virtual law library 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 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 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.chan robles virtual law library 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 CHAPTER
II
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. chan robles virtual law library 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 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 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 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 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
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
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. chan
robles virtual law library 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 The National Government shall provide an integrated health service for disabled persons which shall include, but not limited to, the following:
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
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:
TELECOMMUNICATIONS 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 chan
robles virtual law library
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:
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
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 chan
robles virtual law library
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. chan robles virtual law library 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.
POLITICAL AND CIVIL RIGHTS 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 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 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 TITLE
III
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:
Sec.
33. Employment Entrance Examination.
— Upon an offer of employment, a disabled applicant may be subjected to
medical examination, on the following occasions:chanroblesvirtualawlibrary
DISCRIMINATION ON TRANSPORTATION 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.
DISCRIMINATION ON THE USE OF PUBLIC ACCOMMODATIONS AND SERVICES Sec.
35. Public Accommodations and
Services. — For purposes of this Chapter, public accommodations and
services
shall include the following:chanroblesvirtualawlibrary
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
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. chan
robles virtual law library
(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.chan
robles virtual law library
(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:
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. chan
robles virtual law library
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
Sec.
39. Housing Program. — The National
Government shall take into consideration in its national shelter
program
the special housing requirements of disabled persons. chan
robles virtual law library
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 The Government shall sponsor a volunteer service program which shall harness the involvement of private individuals in the provision of assistance to disabled persons. chan robles virtual law library 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 (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:
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:chanroblesvirtualawlibrary
Sec.
46. Penal Clause. — (a) Any person
who violates any provision of this Act shall suffer the following
penalties:chanroblesvirtualawlibrary
(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. chan
robles virtual law library
(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. chan robles virtual law library 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 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. chan robles virtual law library 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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