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Agricultural Law

REPUBLIC ACT NO. 7277


Magna Carta for Disable 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.

Submitted by: Kristelle Yu Tabao

Submitted To: Atty. Monica Yap


Table of Contents

1. Meaning of Persons with Disability


2. Rights of Persons with Disability
3. Use of Government Recreational or Sports Centers
4. Privileges of Persons with Disability
5. Proof of Entitlement
6. Additional Proof of Entitlement when Availing Discount for Funeral or
Burial Services
7. Double Discounts
RA 7277

AN ACT PROVIDING
FOR THE REHABILITATION, SELF-DEVELOPMENT AND SELF-RELIANCE OF
DISABLED PERSONS AND THEIR INTEGRATION
INTO THE MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES.

Introduction:

1. To whom is this law for?


- This law is legislated for Persons with Disability who are defined under this
law as “those suffering from restriction of different abilities, as a result of a
mental, physical or sensory impairment, to perform an activity in the manner
or within the range consided normal for human being

2. Are there many PWDs in the country?


- In the Philippines, the results of the 2010 Census of Population and Housing
(CPH, 2010) show that of the household population of 92.1 million, 1.443
million Filipinos or 1.57%, have a disability. Region IV-A, with 193 thousand
PWDs, was recorded to have the highest number of PWD among the 17
regions, while the Cordillera Administrative Region (CAR) had the lowest
number with 26 thousand PWDs. There were more males, who accounted for
50.9% of the total PWD in 2010, compared to females, with 49.1% with
disability. For every five (5) PWD, one (18.9%) was aged 0 to 14 years, three
(59.0%) were in the working age group (15-64 years old), and one (22.1%)
was aged 65 years and above (NSO, 2013). (doh.gov.ph)

A. Meaning of Persons with Disability

Persons with Disability – those who are suffering from certain limitations to
perform an activity in the manner considered normal for a human being, as a result
of mental, physical or sensory impairment.

B. Rights of Persons with Disability

1. Equal Opportunity for Employment


- To carry out this objective, the law mandates that

a. ALL GOVERNMENT AGENCIES, OFFICES OR CORPORATIONS = at least


1% of all positions shall be reserved for persons with disability.

b. PRIVATE CORPORATIONS – with more than 100 employees are


encouraged to reserved at least 1% of all positions for persons with
disability
2. Equal Terms and Conditions of Employment

a. Persons with disability, if they are qualified, are entitled 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

b. Qualified Employees with Disability – those who can perform the


essential functions of the employment position they hold or desire to hold,
with or without reasonable accommodations.

c. How to determine what functions of a job are essential?


1. Will depend upon the employer’s judgment
2. If an employer has prepared a written Job Description before advertising
or interviewing applicants = the Job Description will serve as EVIDENCE
of the essential functions of the job.

3. Right to Sheltered Employment

A. Sheltered Employment – refers productive work through workshops with


special facilities, income-producing projects or homework schemes designed
to give the person with disability opportunity to earn a living and acquire a
working capacity required in open industry.

B. DOLE shall provide training for persons with disability so that they can
qualify for sheltered employment.

4. Hiring as Apprentices or Learners

A. Persons with disability are eligible for apprenticeship or learnership –


as long as their handicap will not effectively impede the performance of the
job operations which they will handle

5. Quality Education

A. Learning Institutions are OBLIGED to admit all persons with special


needs whether in:

Academic, Vocational, Technical Courses, Other Training Programs

EXCEPT:
1. If the learning institutions have already accepted persons with
special needs and FURTHER acceptance will render the teaching
personnel and facilities less effective
2. If the learning institutions DO NOT MEET THE CRITERIA set by the
Bureau of Special Education and are not included in the Financial
Assistance Program
NOTE:
It is unlawful for any learning institution to deny a person ADMISSION to
any course it offers simply because of Handicap or Disability

6. Right to Health Services

1. The National Government is mandated to:


A. Institute a National Health Program for the purpose of:
a. Prevention of disability, whether occurring prenatally or
postnatally
b. Recognition and early diagnosis of disability
c. Early Rehabilitation of Persons with Disability
B. Establish medical rehabilitation centers in government
provincial hospitals, formulate program to enable marginalized
persons with disability to avail of free rehab services in
government hospitals
C. To provide an integrated health service for persons with
disability

7. Auxiliary Social Services


- The aim is to reduce the handcapping effects of disability by providing
rehabilitation services, to ensure PWDs are enabled to participate fully in the
affairs of their communities and to create public awareness on the problems
with disability and their right to social equity.

1. Municipal and City Governments are obliged to develop and implement


programs on auxiliary social services
A. Assistance in acquisition of Prosthetic Devices and Medical Intervention
of Special Services
B. Trainings to improve functional limitations of PWD related to
communications skills
C. Development of self-image through counseling, orientation and mobility
and strengthening daily living capacity.
D. Provision of Family Care Services geared towards developing the
capability of families to respond to the needs of family members with disability.
E. Provision of Substitute Family Care Services and that facilities therefor for
abandoned, neglected, abused and unattached persons with disability who need
custodial care.
F. Provision of after care and follow-up services for the continued
rehabilitation in a community-based setting of PWD who were released from
residential care or rehabilitation centers and
G. Provision of day care services for pre-school aged children with disability.

8. Telecommunications

A. Television Stations – encouraged to provide a sign language inset or subtitles


in at least one newscast program a day and special programs covering events
of national significance
B. Telephone Companies – 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
C. Free Postal Charges
1. Articles and Literatures and teaching aids for the exclusive use of the
person with disability
2. Aids and orthopedic devices for persons with disability sent by abroad by
mail for repair
NOTE: this privilege is only available to Marginalized Filipino Citizens with
Disability who are:
1. Certified to be PWD by Social Welfare and Development Office of the
municipality, city government unit or representative of DSWD in the
municipality or city government unit where the person is a resident.
2. Holders of accreditation certificate issued by the Postmaster General or
representative of the Philippine Postal Corporation

*It is required that the envelope must on the left upper corner the name of the
sender bear its complete address and on the upper right corner the words
“Free Matter for Person with Disability” to avoid payment of postage.
*Private or unauthorized use to avoid payment of postage is penalized by a fine or
imprisonment or both.

9. Barrier-Free Environment

BP Blg. 344, otherwise known as the “Accessibility Law” enables PWDs to have
access in public and private buildings and establishments and such other
places mentioned in the said BP.

Examples:

A. No license or permit for the construction, repair or renovation of public and


private buildings shall be granted or issued unless it shall install and
incorporate in such building such architectural facilities as shall reasonably
enhance mobility of PWDs.
B. In case of Public Conveyance, devices such as prominent display of posters or
stickers shall be issued to generate public awareness of the rights of PWDs
and foster understanding of their special needs.
C. Any person violating provisions of this act, shall, upon conviction of the
competent court, suffer the penalty of imprisonment of not less than 1 month
but not more than 1 year or a fine of P2,000 to P5,000 or both.

10. Mobility

The following persons are allowed to drive motor vehicle:


A. Partially blind
B. Orthopedically impaired
C. Speech and hearing impaired

Must have the ff. requirements:


A. Medical Certificate/Recommendation from a government accredited
physician
B. Written and Physical Examinations
C. Student Permit and Driving Instruction for 60 days

*They may also use a customized vehicle provided it meets the standards of
LTO

11. Public Transport Facilities

The following marginalized persons with disability can receive subsidized


fares in public transportation:

A. Those who will be undergoing training on vocations and/or livelihood skills


enhancement programs in vocation rehabilitation centers

B. Those who want to resettle in their place of origin with the intention of
finally residing there.

C. Those who are to avail of prosthetic devices, surgical intervention and other
domestic travels related for educational needs

12. Suffrage

- Right to Vote
- They may also register as a voter by accomplishing the required voters’
affidavit, and such other forms through:
A. Any relative within the 4th civil degree of consanguinity or affinity
B. Any member of the board of election inspectors

During the elections, they are allowed to be assisted by a person of his choice
from among the ff:
A. Any relative, by affinity or consanguinity within the 4th civil degree
B. Any person of his confidence, whether or not belonging to the same
household
C. Any member of the board of election inspectors

13. Freedom of Expression

- Persons with disability have the right to participate in processions, rallies,


parades, demonstrations, public meetings, and assemblages or other forms of
mass or concerned actions held in public

14. Self-Organization

- Persons with disability have the right to form organizations or associations that
promote their welfare and advance or safeguard their interests

C. Use of Government Recreational or Sports Centers


- Recreational or Sports Centers owned or operated by the Government shall be
used, free of charge by marginalized persons with disability during their social,
sports, or recreational activities.

D. Privileges of Persons with Disability

1. Filipino Citizens with Disability are entitled to the ff. privileges:


A. Services in hotels, lodging establishments, restaurants and recreation
centers
B. Admission fees in theaters, cinema houses, concert halls, circuses,
carnivals, and other similar places of culture, leisure and amusement
C. Cost of medicines in all drugstores
D. Cost of medical and dental services, including diagnostic and laboratory
fees, as well as professional fees of attending doctors, in all government
facilities, private hospital and medical facilities
E. Fare for land, domestic and air sea travel
F. Funeral and Burial Services, excluding costs of obituary publication and
memorial lot

2. Educational Assistance
- Primary
- Secondary
- Tertiary
- Post Tertiary
- Vocational or Technical Education in both public and private schools

*Can be in the form of Scholarships, Grants, Financial Aids, Subsidies and other
incentives
*To be entitles, must meet minimum admission requirements set by DOE, CHED,
TESDA.

3. GSIS, SSS, HDMF Benefits – PWDs enjoy, to the extent practicable and
feasible, the benefits and privileges afforded by these agencies similarly
enjoyed by those in actual service

4. Special Discounts – DTI and DOA may grant discounts to PWDs on


specific commodity purchases

5. Express Lanes – All commercial and government establishments are


required to provide express lances for PWDs.

E. Proof of Entitlement

- Filipino Citizens with disability may avail of these privileges upon submission of
any of the ff. documents:
1. ID issued by the mayor or brgy captain of place where the person resides
2. Passport of the PWD
3. Transportation discount fare identification card National Council for the
Welfare of Persons with Disability

F. Additional Proof of Entitlement when Availing Discount for Funeral or


Burial Services

- The beneficiary or the person who shall shoulder burial expenses of the deceased
person with disability can claim the discounts upon presentation of the Death
Certificate

G. Double Discounts

-The discount privileges cannot be claimed iif the PWDs claims a higher discount as
may be granted by the commercial establishments and/or under other existing laws
or in combination with other discount programs.

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