Anna Theresa L.

Morada September 9, 2016

2014-20174

Policy Review: Magna Carta For Disabled Persons

Twice, Ive been to Japan. In those two times, the accessibility of the roads, train stations,
busses, and buildings not just for tourists and regular citizens but also for people with disabilities never
failed to amaze me. I recall struggling with my suitcase around the train station because of the odd
textured tiles that seemed to run the whole station. I had no idea what those tiles were for and I was
irritated by the nuisance. It was when I saw a blind person travelling completely unaccompanied that I
realized that the tiles were meant to guide the visually impaired. It struck me that the reason that I did
not know what the tactile paving, the actual name of the textured tiles, was for was because I have,
not once, seen something that resembles those tiles in the Philippines.
What does this lack of information say about our country? In a country that is, according to The
Philippine Inquirer, a pioneer in disability laws, shouldn't the presence of tactile paving and access
devices be the opposite of a rarity?
Republic act 7277 or the Magna Carta for Disabled Persons is the primary law in the
Philippines that deals with the rights and privileges of people with disabilities. It was passed in 1992,
making the Philippines one of the pioneers in disability laws in Asia. It contains 50 sections which
discuss a variety of provisions that range from the right to access to public transport facilities to the
right to organization. A key feature of the Magna Carta for Disabled Persons could be found in chapter
6, section 25, which states

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 government shall allocate funds for the
provision of architectural or structural features for disabled persons in government
buildings and facilities.

Batas Pambansa 344 or the Accessibility Law was passed with the goal of further integrating persons
with disabilities to regular life. With proper facilities, rules, and regulations physical disabilities will not
be a hindrance in the life of the people who live with these disabilities.
For Tata Laredo, a 22 year old with Autism and Visual Imparement, the Magna Carta for
Disabled Persons is a way to achieve a semblance of normal in her life. In an interview with Tatas
cousin, Thirdy Santos, we get a glimpse in the life of a person with multiple disabilities and are able to
actually see how the Magna Carta for Disabled Persons, specifically Batas Pambansa Bilang 344 or
the Accessibility Law, is affecting the lives of these people with disabilities. On a normal day Tata just
stays at home and listens to the radio. Once in a while her yaya will take her out for a 30 minute stroll
around the village. Tata cannot walk on her own, not because she is blind but as a side effect of her
Autism. Until recently, Tata was brought around on a wheelchair. According to Mr. Santos, The
wheelchair made it harder to take Tata around. Ramps and different facilities for people with
disabilities were not easily available. Thats why Tata only goes out to malls and different public areas,
at most, every three months. In the implementing rules and regulations of BP 344 it states

1. Accessible Ramps
1.1 Changes in level shall require a ramp except when served by a
dropped sidewalk, curb ramp, an elevator, or other mechanical device.

This means that in any public or private area, structure, building, etc. that higher floors or elevated
areas must provide means for a person on a wheelchair or crutches to reach these higher levels. The
struggles being faced by PWDs due to lack of these ramps and access devices are easily overlooked
by most because their scarcity causes people like Tata to opt not to go out and just stay at home.
Even the University of the Philippines, with its UP Charter that promotes equal opportunity for all
students including those with disabilities, has insufficient access devices in majority of its buildings.
The School of Economics is a 3 floor building in UPD. The access ramps for PWDs in this building are
only available for the ground floor. In order to reach the faculty rooms and discussion rooms, people
on wheelchairs must be carried up. More importantly, majority of the faculty and staff of the school of
economics are elderly so they face difficulties when going up to their offices.

Photo 1. Access Ramp in UPSE Photo 2. Stairs to upper floors in UPSE

The only other access ramp in UPSE can be found in the Philippine Center for Economic
Development, which houses the School of Economics library in its second floor. Although the building
has an access ramp to the lobby area, it will be very difficult for people in wheelchairs to be carried up
the narrow stairway that leads to the library.

Photo 3. Access Ramp in PCED Photo 4. Stairs to library in PCED

The problem of inadequate access ramps can be observed not only in public buildings like
those of UPD but also in different private establishments and public utilities. Petron Katipunan is a
place frequented by students and working people because of the several food establishments and
coffee/tea shops. Some of the food establishments in Petron can be found on the second floor of the
area. This area can only be accessed by two staircases, one narrow back staircase and an outdoor
staircase. The underground parking can also be accessed through narrow staircases.

Photo 5. Outdoor staircase in Petron Photo 6. Staircase to underground parking

 A more recent key feature in the Magna Carta for Disabled Persons can be found in RA 9442.
The amendment states:

SECTION 1. a new chapter, to be denominated as "Chapter 8. Other privileges and

Incentives" is hereby added to Title Two of Republic Act No. 7277, otherwise known as
the "Magna Carta for Disabled Persons"

Chapter 8 details the privileges and incentives that a person with disability may receive given that the
these persons with disability have PWD cards. Examples of the privileges are at least 20% on the
purchase of medicines from all drugstores, provision of express lanes in commercial and govt
establishments, etc. These privileges and incentives will provide great help to PWDs around the
country, but only if these PWD have the information about their rights and privileges. In a survey
conducted by the Philippine Institute for Development Studies or PIDS on the awareness on the
Magna Carta of PWDs, there was a 67% awareness from PWDs from Metro Manila but only 29.2%
awareness in rural Rosario, Batangas. Because of low awareness, PWDs have very low participation
in discount privileges that the law mandated (Tabuga, 2013).
In the interview with Mr. Santos, when asked if he knew about the Magna Carta, he answered
Yes, I know about it. Although not because of my cousin Tata but because of my involvement in
debate. Had I not been active in DebSoc (UP Debate Society), I would have known nothing about the
Magna Carta. Furthermore, Mr. Santos adds that Tatas primary caretakers do not know about the
Magna Carta and the benefits that Tata can gain from it. From these instances, it can be inferred that
the problem with the PWD card and its benefits are not in the implementation but in the information
dissemination.
A recent online search on PWD rights publication materials showed that there is, if not a
complete absence, then a lack in interactive and visually appealing publication materials featuring the
different rights and privileges of PWDs. The latest news article from Rappler.com featuring a
summarized version of the Magna Carta can be dated to late 2014, almost two years ago. If not
actively searched for, materials and information about the rights and privileges of PWDs with be
difficult to come by.
For a long time, the Philippines has had laws that focus on the rights and privileges. There is
no shortage of laws that protect PWDs. The problem that we face now is the proper implementation
and information dissemination about these laws. I look forward to a day where it is the normal to see
PWDs out and about, with nothing, not even their disabilities hindering their lives.
Resources:

BP 344 IMPLEMENTING RULES AND REGULATIONS (IRR) AMENDMENTS MINIMUM

REQUIREMENTS FOR ACCESSIBILITY. (2013, July 10). Retrieved September 7, 2016, from
http://www.visitmyphilippines.com/images/ads/f82269f515f45b2ad5c3e3f4303eb57a.pdf

Enano, J. O. (2015, September 13). Challenges PWDs face at UP. Inquirer.net. Retrieved September
7, 2016, from http://opinion.inquirer.net/88472/challenges-pwds-face-at-up

Republic Act 7277. (n.d.). Retrieved September 09, 2016, from http://www.ncda.gov.ph/disability-laws/
republic-acts/republic-act-7277/

Tabuga, A. D. (2013, January). Policy Awareness and Participation by Persons with Disability in the
Philippines (Philippines, Philippine Institute for Development Studies). Retrieved September 7,
2016, from http://dirp3.pids.gov.ph/ris/dps/pidsdps1311.pdf