S. NO. 1286 H. NO. 35091 / 88 OG No.

18, 2537 (May 4, 1992) ; 2 VLD 346 2d ;

Guidelines - 2 VLD 369 2d ; Malaya 3/28/92

[ REPUBLIC ACT NO. 7277, March 24, 1992 ]

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

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

TITLE ONE - GENERAL PROVISIONS

CHAPTER 1 - Basic Principle

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:
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.
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 non government 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.
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 non-
government 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:
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;
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;
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;
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
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) modifications 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;
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 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 or whose incomes
 fall below the poverty threshold;
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;

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
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;
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 TWO - RIGHTS AND PRIVILEGES OF DISABLED PERSONS

CHAPTER 1 - Employment
SEC. 5. Equal Opportunity for Employment. - No disabled 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 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.
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.
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.

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.

SEC. 10. Vocational Guidance and Counseling. - The Department of Social 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.
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.

CHAPTER 2 - Education

SEC. 12. Access to Quality Education. - The State shall ensure that disabled persons
are provided with adequate 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.

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 a
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.

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.

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.

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.
The National Government shall provide these state universities and colleges with the
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 3 - 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:
a. prevention of disability, whether occurring prenatally or post-natally;
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.

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.

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
b. medical treatment and rehabilitation.
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.

CHAPTER 4 - 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. Toward 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 improved 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;
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 5 - 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.

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:
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; and
b. aids and orthopedic devices for the disabled sent abroad by mail for repair:
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.

CHAPTER 6 - Accessibility

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.
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.

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.

CHAPTER 7 - 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.

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 concerted 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 the necessary technical and financial
assistance.
Concerned government agencies and offices shall establish close linkages with
organizations of 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.

Organizations of disabled persons shall participate in the identification and

preparation of programs that shall serve to develop employment opportunities for
the disabled persons.

TITLE THREE - PROHIBITION ON DISCRIMINATION AGAINST DISABLED

PERSONS

CHAPTER 1 - Discrimination on Employment

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 test or other selection criteria that
screen out or tend to screen out a disabled person unless such standards, test
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 discriminations 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 test
which accurately reflect the skills, aptitude or other factor of the disabled
applicant or employee that such test 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:
a. all entering employees are subjected to such an examination regardless of
disability;
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:

1. supervisors and managers may be informed regarding necessary

 restrictions on the work or duties of the employees and necessary
accommodations;
2. first aid and safety personnel may be informed, when appropriate, if the
disability might 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 2 - 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.

CHAPTER 3 - 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:

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:

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;
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.
b. Integrated Settings - Goods, services, facilities, privileges, advantages, and
accommodations shall be afforded to an individual with a disability in the most
integrated setting appropriate to the needs of the individual.
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;
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.
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
recreation 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 FOUR - 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. - Non government

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.
The Government shall sponsor a volunteer service program which shall harness the
involvement of private individuals in the provision of assistance to disabled persons.

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.
c. Local manufacturing of 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;
2. remittance of earnings;
3. remittance of payments on foreign contracts;
4. freedom from expropriations;
5. freedom from requisition of investment;
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;
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/trading 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.
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.
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
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
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.
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;
a. granting temporary, preliminary or permanent relief;
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:

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 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.
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.
c. If the violator is a corporation, organization or any similar entity, the officials
thereof directly involved shall be liable therefor.
d. If the violator is an alien or a foreigner, he shall be deported immediately after
service of sentence without further deportation proceedings.
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 provision 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,

(Sgd.) RAMON V. MITRA (Sgd.) NEPTALI A. GONZALES

Speaker of the House of Representatives President of the Senate

This bill which is a consolidation of Senate Bill No. 1286 and House Bill No. 35091,
was finally passed by the Senate and the House of Representatives on January 22,
1992 and January 16, 1992, respectively.

(Sgd.) CAMILO L. SABIO (Sgd.) ANACLETO D. BADOY, JR.

Secretary General House of Secretary of the Senate

Representatives

Approved: March 24, 1992

(Sgd.) CORAZON C. AQUINO

President of the Philippines

Source: Supreme Court E-Library | Date created: February 26, 2015

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