INDIGENOUS PEOPLE, SENIOR CITIZEN

AND PERSON WITH DISABILITIES

In the partial fulfillment of the requirements for the subject

SWSE 3
Social Work Forensic, Social Work Jurisprudence and Social work Parole and Probation

Submitted by:

Jonathan Macaraeg
Sheenly Rose Alvez
Jellyn Delacruz
Annafel Ungab
Christine Ann Pacete
Jolliana Mae Dubos
Merasol Sarit

BACHELOR OF SCIENCE IN SOCIAL WORK

JOLE MARIE D. PEREZ

Instructor
 TABLE OF CONTENTS

REPUBLIC ACT NO. 8371

AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS
CULTURAL COMMUNITIES/INDIGENOUS PEOPLES, CREATING A NATIONAL
COMMISSION ON INDIGENOUS PEOPLES, ESTABLISHING IMPLEMENTING
MECHANISMS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES

CHAPTER I. General Provision……………………………………………………….………1

CHAPTER II. Definition of Terms………………………………………………………..……2
CHAPTER III. Rights to Ancestral Domains………………………………………………….5
CHAPTER IV. Right to Self-Governance and Empowerment…………………………….10
CHAPTER V. Social Justice and Human Rights………………………..………………….11
CHAPTER VI. Cultural Integrity……………………………………………….……………..14
CHAAPTER VII. National Commission on Indigenous People…………………...………17
CHAPTER VIII. Delineation and Recognition of Ancestral Domains…………….………23
CHAPTER IX. Jurisdiction and Procedures for Enforcement of Rights…………….……32
CHAPTER X. Ancestral Domains Fund……………………………………………………..33
CHAPTER XI. Penalties………………………………………………………………………34
CHAPTER XII.ONCC and the OSCC……………………………………………………….35
CHAPTER XIII. Final Provisions……………………………………………………………..36

REPUBLIC ACT No. 9994

AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR

CITIZENS, FURTHER AMENDING REPUBLIC ACT NO. 7432, AS AMENDED,
OTHERWISE KNOWN AS "AN ACT TO MAXIMIZE THE CONTRIBUTION OF SENIOR
CITIZENS TO NATION BUILDING, GRANT BENEFITS AND SPECIAL PRIVILEGES
AND FOR OTHER PURPOSES"

Section 1 ………………………………………………………………..……………………..38
Section 2……………………………………………………………...………………………..38
Section 3……………………………………………………………………….………………40
Section 4……………………………………………………………………………………….41
Section 5…………………………………………………………………...…………………..45
Section 6………………………………………………….……………………………………49
Section 7……………………………………………………………………………………….50
Section 8……………………………………………………………………………………….51
Section 9………………………………………………………………………….……………52
Section 10…………………………………………………………………………...…………52
Section 11……………………………………………………………………...………………53
Section 12………………………………………………………………………..…………….53
Section 13…………………………………………………………………………..………….53

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9994, ALSO

KNOWN AS THE "EXPANDED SENIOR CITIZENS ACT OF 2010," AN ACT
GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR CITIZENS,
FURTHER AMENDING REPUBLIC ACT NO. 7432 OF 1992 AS AMENDED BY
REPUBLIC ACT NO. 9257 OF 2003

RULE I Title, Purpose and Construction……………………………..………………………54

RULE II Declaration of Policies and Objectives……………………………..………………54
RULE III Definition of Terms…………………………………………………………………..56
RULE IV Privileges for the Senior Citizens…………………………………………………..62
RULE V Government Assistance…………………………………………………………….71
RULE VI The Office for Senior Citizens Affairs……………………………………………...77
RULE VII Penalties and Others Sanctions…………………………………………………..80
RULE VIII Monitoring and Coordinating Mechanism………………………………………83
RULE IX Final Provisions………………………………………………………………….….85

REPUBLIC ACT. 7277

AN ACT PROVIDING FOR THE REHABILITATION, SELF-DEVELOPMENT AND

SELF-RELIANCE OF DISABLED PERSON AND THEIR INTEGRATION
INTO THE MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES.

TITLE I General Provision…………………………………………………………………….87

TITLE II Rights and Privileges of Disabled Persons……………………………………….91
TITLE III Prohibition on Discrimination against Disabled Person…………………….…..99
TITLE IV Final Provision………………………………………………...…………………..104

AN ACT AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE

“MAGNA CARTA FOR DISABLED PERSONS, AND FOR OTHER PURPOSES”
107
REPUBLIC ACT NO. 10754
AN ACT EXPANDING THE BENEFITS AND PRIVILEGES OF PERSONS WITH
DISABILITY (PWD)
113

REPUBLIC ACT NO. 10070

AN ACT ESTABLISHING AN INSTITUTIONAL MECHANISM TO ENSURE THE

IMPLEMENTATION OF PROGRAMS AND SERVICES FOR PERSONS WITH
DISABILITIES IN EVERY PROVINCE, CITY AND MUNICIPALITY, AMENDING
REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE "MAGNA CARTA FOR
DISABLED PERSONS", AS AMENDED, AND FOR OTHER PURPOSES

117
 REPUBLIC ACT NO. 8371

AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS

CULTURAL COMMUNITIES/INDIGENOUS PEOPLES, CREATING A NATIONAL
COMMISSION ON INDIGENOUS PEOPLES, ESTABLISHING IMPLEMENTING
MECHANISMS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES

CHAPTER I

General Provisions

SECTION 1. Short Title. — This Act shall be known as “The Indigenous Peoples’
Rights Act of 1997”.

SECTION 2. Declaration of State Policies. — The State shall recognize and

promote all the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)
hereunder enumerated within the framework of the Constitution:

a) The State shall recognize and promote the rights of ICCs/IPs within the
framework of national unity and development;

b) The State shall protect the rights of ICCs/IPs to their ancestral domains to
ensure their economic, social and cultural wellbeing and shall recognize the applicability
of customary laws governing property rights or relations in determining the ownership and
extent of ancestral domain;

c) The State shall recognize, respect and protect the rights of ICCs/IPs to
preserve and develop their cultures, traditions and institutions. It shall consider these
rights in the formulation of national laws and policies;

d) The State shall guarantee that members of the ICCs/IPs regardless of sex,
shall equally enjoy the full measure of human rights and freedoms without distinction or
discrimination;

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e) The State shall take measures, with the participation of the ICCs/IPs
concerned, to protect their rights and guarantee respect for their cultural integrity, and to
ensure that members of the ICCs/IPs benefit on an equal footing from the rights and
opportunities which national laws and regulations grant to other members of the
population; and

f) The State recognizes its obligations to respond to the strong expression of the
ICCs/IPs for cultural integrity by assuring maximum ICC/IP participation in the direction
of education, health, as well as other services of ICCs/IPs, in order to render such
services more responsive to the needs and desires of these communities.

Towards these ends, the State shall institute and establish the necessary mechanisms to
enforce and guarantee the realization of these rights, taking into consideration their
customs, traditions, values, beliefs, interests and institutions, and to adopt and implement
measures to protect their rights to their ancestral domains.

CHAPTER II

Definition of Terms

SECTION 3. Definition of Terms. — For purposes of this Act, the following terms
shall mean:

a) Ancestral Domains — Subject to Section 56 hereof, refer to all areas generally

belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural
resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs,
by themselves or through their ancestors, communally or individually since time
immemorial, continuously to the present except when interrupted by war, force majeure
or displacement by force, deceit, stealth or as a consequence of government projects or
any other voluntary dealings entered into by government and private
individuals/corporations, and which are necessary to ensure their economic, social and
cultural welfare. It shall include ancestral lands, forests, pasture, residential, agricultural,
and other lands individually owned whether alienable and disposable or otherwise,

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hunting grounds, burial grounds, worship areas, bodies of water, mineral and other
natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs
but from which they traditionally had access to for their subsistence and traditional
activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting
cultivators;

b) Ancestral Lands — Subject to Section 56 hereof, refers to land occupied,

possessed and utilized by individuals, families and clans who are members of the
ICCs/IPs since time immemorial, by themselves or through their predecessors-in-interest,
under claims of individual or traditional group ownership, continuously, to the present
except when interrupted by war, force majeure or displacement by force, deceit, stealth,
or as a consequence of government projects and other voluntary dealings entered into
by government and private individuals/corporations, including, but not limited to,
residential lots, rice terraces or paddies, private forests, swidden farms and tree lots;

c) Certificate of Ancestral Domain Title — refers to a title formally recognizing the

rights of possession and ownership of ICCs/IPs over their ancestral domains identified
and delineated in accordance with this law;

d) Certificate of Ancestral Lands Title — refers to a title formally recognizing the

rights of ICCs/IPs over their ancestral lands;

e) Communal Claims — refer to claims on land, resources and rights thereon,

belonging to the whole community within a defined territory;

f) Customary Laws — refer to a body of written and/or unwritten rules, usages,

customs and practices traditionally and continually recognized, accepted and observed
by respective ICCs/IPs;

g) Free and Prior Informed Consent — as used in this Act shall mean the
consensus of all members of the ICCs/IPs to be determined in accordance with their
respective customary laws and practices, free from any external manipulation,

3
interference and coercion, and obtained after fully disclosing the intent and scope of the
activity, in a language and process understandable to the community;

h) Indigenous Cultural Communities/Indigenous Peoples — refer to a group of

people or homogenous societies identified by self-ascription and ascription by others, who
have continuously lived as organized community on communally bounded and defined
territory, and who have, under claims of ownership since time immemorial, occupied,
possessed and utilized such territories, sharing common bonds of language, customs,
traditions and other distinctive cultural traits, or who have, through resistance to political,
social and cultural inroads of colonization, non-indigenous religions and cultures, became
historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise include
peoples who are regarded as indigenous on account of their descent from the populations
which inhabited the country, at the time of conquest or colonization, or at the time of
inroads of non-indigenous religions and cultures, or the establishment of present state
boundaries, who retain some or all of their own social, economic, cultural and political
institutions, but who may have been displaced from their traditional domains or who may
have resettled outside their ancestral domains;

i) Indigenous Political Structures — refer to organizational and cultural

leadership systems, institutions, relationships, patterns and processes for decision-
making and participation, identified by ICCs/IPs such as, but not limited to, Council of
Elders, Council of Timuays, Bodong Holders, or any other tribunal or body of similar
nature;

j) Individual Claims — refer to claims on land and rights thereon which have been
devolved to individuals, families and clans including, but not limited to, residential lots,
rice terraces or paddies and tree lots;

k) National Commission on Indigenous Peoples (NCIP) — refers to the office

created under this Act, which shall be under the Office of the President, and which shall
be the primary government agency responsible for the formulation and implementation of
policies, plans and programs to recognize, protect and promote the rights of ICCs/IPs;

4
l) Native Title — refers to pre-conquest rights to lands and domains which, as far
back as memory reaches, have been held under a claim of private ownership by ICCs/IPs,
have never been public lands and are thus indisputably presumed to have been held that
way since before the Spanish Conquest;

m) Nongovernment Organization — refers to a private, nonprofit voluntary

organization that has been organized primarily for the delivery of various services to the
ICCs/IPs and has an established track record for effectiveness and acceptability in the
community where it serves;

n) People’s Organization — refers to a private, nonprofit voluntary organization

of members of an ICC/IP which is accepted as representative of such ICCs/IPs;

o) Sustainable Traditional Resource Rights — refer to the rights of ICCs/IPs to

sustainably use, manage, protect and conserve a) land, air, water, and minerals; b)
plants, animals and other organisms; c) collecting, fishing and hunting grounds; d) sacred
sites; and e) other areas of economic, ceremonial and aesthetic value in accordance with
their indigenous knowledge, beliefs, systems and practices; and

p) Time Immemorial — refers to a period of time when as far back as memory

can go, certain ICCs/IPs are known to have occupied, possessed in the concept of owner,
and utilized a defined territory devolved to them, by operation of customary law or
inherited from their ancestors, in accordance with their customs and traditions.

CHAPTER III

Rights to Ancestral Domains

SECTION 4. Concept of Ancestral Lands/Domains. — Ancestral lands/domains

shall include such concepts of territories which cover not only the physical environment
but the total environment including the spiritual and cultural bonds to the areas which the
ICCs/IPs possess, occupy and use and to which they have claims of ownership.

5
SECTION 5. Indigenous Concept of Ownership. — Indigenous concept of
ownership sustains the view that ancestral domains and all resources found therein shall
serve as the material bases of their cultural integrity. The indigenous concept of
ownership generally holds that ancestral domains are the ICC’s/IP’s private but
community property which belongs to all generations and therefore cannot be sold,
disposed or destroyed. It likewise covers sustainable traditional resource rights.

SECTION 6. Composition of Ancestral Lands/Domains. — Ancestral lands and

domains shall consist of all areas generally belonging to ICCs/IPs as referred under Sec.
3, items (a) and (b) of this Act.

SECTION 7. Rights to Ancestral Domains. — The rights of ownership and

possession of ICCs/IPs to their ancestral domains shall be recognized and protected.
Such rights shall include:

a) Right of Ownership. — The right to claim ownership over lands, bodies of water
traditionally and actually occupied by ICCs/IPs, sacred places, traditional hunting and
fishing grounds, and all improvements made by them at any time within the domains;

b) Right to Develop Lands and Natural Resources. — Subject to Section 56

hereof, right to develop, control and use lands and territories traditionally occupied,
owned, or used; to manage and conserve natural resources within the territories and
uphold the responsibilities for future generations; to benefit and share the profits from
allocation and utilization of the natural resources found therein; the right to negotiate the
terms and conditions for the exploration of natural resources in the areas for the purpose
of ensuring ecological, environmental protection and the conservation measures,
pursuant to national and customary laws; the right to an informed and intelligent
participation in the formulation and implementation of any project, government or private,
that will affect or impact upon the ancestral domains and to receive just and fair
compensation for any damages which they may sustain as a result of the project; and the
right to effective measures by the government to prevent any interference with, alienation
and encroachment upon these rights;

6
c) Right to Stay in the Territories. — The right to stay in the territory and not to be
removed therefrom. No ICCs/IPs will be relocated without their free and prior informed
consent, nor through any means other than eminent domain. Where relocation is
considered necessary as an exceptional measure, such relocation shall take place only
with the free and prior informed consent of the ICCs/IPs concerned and whenever
possible, they shall be guaranteed the right to return to their ancestral domains, as soon
as the grounds for relocation cease to exist. When such return is not possible, as
determined by agreement or through appropriate procedures, ICCs/IPs shall be provided
in all possible cases with lands of quality and legal status at least equal to that of the land
previously occupied by them, suitable to provide for their present needs and future
development. Persons thus relocated shall likewise be fully compensated for any resulting
loss or injury;

d) Right in Case of Displacement. — In case displacement occurs as a result of

natural catastrophes, the State shall endeavor to resettle the displaced ICCs/IPs in
suitable areas where they can have temporary life support systems: Provided, That the
displaced ICCs/IPs shall have the right to return to their abandoned lands until such time
that the normalcy and safety of such lands shall be determined: Provided, further, That
should their ancestral domain cease to exist and normalcy and safety of the previous
settlements are not possible, displaced ICCs/IPs shall enjoy security of tenure over lands
to which they have been resettled: Provided, furthermore, That basic services and
livelihood shall be provided to them to ensure that their needs are adequately addressed;

e) Right to Regulate Entry of Migrants. — Right to regulate the entry of migrant

settlers and organizations into the domains;

f) Right to Safe and Clean Air and Water. — For this purpose, the ICCs/IPs shall
have access to integrated systems for the management of their inland waters and air
space;

7
g) Right to Claim Parts of Reservations. — The right to claim parts of the ancestral
domains which have been reserved for various purposes, except those reserved and
intended for common public welfare and service; and

h) Right to Resolve Conflict. — Right to resolve land conflicts in accordance with

customary laws of the area where the land is located, and only in default thereof shall the
complaints be submitted to amicable settlement and to the Courts of Justice whenever
necessary.

SECTION 8. Rights to Ancestral Lands. — The right of ownership and possession

of the ICCs/IPs to their ancestral lands shall be recognized and protected.

a) Right to transfer land/property. — Such right shall include the right to transfer
land or property rights to/among members of the same ICCs/IPs, subject to customary
laws and traditions of the community concerned.

b) Right to Redemption. — In cases where it is shown that the transfer of

land/property rights by virtue of any agreement or devise, to a non-member of the
concerned ICCs/IPs is tainted by the vitiated consent of the ICCs/IPs, or is transferred for
an unconscionable consideration or price, the transferor ICC/IP shall have the right to
redeem the same within a period not exceeding fifteen (15) years from the date of transfer.

SECTION 9. Responsibilities of ICCs/IPs to their Ancestral Domains. — ICCs/IPs

occupying a duly certified ancestral domain shall have the following responsibilities:

a) Maintain Ecological Balance. — To preserve, restore, and maintain a balanced

ecology in the ancestral domain by protecting the flora and fauna, watershed areas, and
other reserves;

b) Restore Denuded Areas. — To actively initiate, undertake and participate in

the reforestation of denuded areas and other development programs and projects subject
to just and reasonable remuneration; and

8
c) Observe Laws. — To observe and comply with the provisions of this Act and
the rules and regulations for its effective implementation.

SECTION 10. Unauthorized and Unlawful Intrusion. — Unauthorized and unlawful

intrusion upon, or use of any portion of the ancestral domain, or any violation of the rights
hereinbefore enumerated, shall be punishable under this law. Furthermore, the
Government shall take measures to prevent non-ICCs/IPs from taking advantage of the
ICCs/IPs customs or lack of understanding of laws to secure ownership, possession of
land belonging to said ICCs/IPs.

SECTION 11. Recognition of Ancestral Domain Rights. — The rights of ICCs/IPs to

their ancestral domains by virtue of Native Title shall be recognized and respected.
Formal recognition, when solicited by ICCs/IPs concerned, shall be embodied in a
Certificate of Ancestral Domain Title (CADT), which shall recognize the title of the
concerned ICCs/IPs over the territories identified and delineated.

SECTION 12. Option to Secure Certificate of Title Under Commonwealth Act 141,
as amended, or the Land Registration Act 496. — Individual members of cultural
communities, with respect to their individually-owned ancestral lands who, by themselves
or through their predecessors-in-interest, have been in continuous possession and
occupation of the same in the concept of owner since time immemorial or for a period of
not less than thirty (30) years immediately preceding the approval of this Act and
uncontested by the members of the same ICCs/IPs shall have the option to secure title
to their ancestral lands under the provisions of Commonwealth Act 141, as amended, or
the Land Registration Act 496.

For this purpose, said individually-owned ancestral lands, which are agricultural in
character and actually used for agricultural, residential, pasture, and tree farming
purposes, including those with a slope of eighteen percent (18%) or more, are hereby
classified as alienable and disposable agricultural lands.

The option granted under this section shall be exercised within twenty (20) years from the
approval of this Act.

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 CHAPTER IV

Right to Self-Governance and Empowerment

SECTION 13. Self-Governance. — The State recognizes the inherent right of

ICCs/IPs to self-governance and self-determination and respects the integrity of their
values, practices and institutions. Consequently, the State shall guarantee the right of
ICCs/IPs to freely pursue their economic, social and cultural development.

SECTION 14. Support for Autonomous Regions. — The State shall continue to
strengthen and support the autonomous regions created under the Constitution as they
may require or need. The State shall likewise encourage other ICCs/IPs not included or
outside Muslim Mindanao and the Cordilleras to use the form and content of their ways
of life as may be compatible with the fundamental rights defined in the Constitution of the
Republic of the Philippines and other internationally recognized human rights.

SECTION 15. Justice System, Conflict Resolution Institutions, and Peace Building
Processes. — The ICCs/IPs shall have the right to use their own commonly accepted
justice systems, conflict resolution institutions, peace building processes or mechanisms
and other customary laws and practices within their respective communities and as may
be compatible with the national legal system and with internationally recognized human
rights.

SECTION 16. Right to Participate in Decision-Making. — ICCs/IPs have the right to

participate fully, if they so choose, at all levels of decision-making in matters which may
affect their rights, lives and destinies through procedures determined by them as well as
to maintain and develop their own indigenous political structures. Consequently, the State
shall ensure that the ICCs/IPs shall be given mandatory representation in policy-making
bodies and other local legislative councils.

SECTION 17. Right to Determine and Decide Priorities for Development. — The
ICCs/IPs shall have the right to determine and decide their own priorities for development
affecting their lives, beliefs, institutions, spiritual well-being, and the lands they own,

10
occupy or use. They shall participate in the formulation, implementation and evaluation
of policies, plans and programs for national, regional and local development which may
directly affect them.

SECTION 18. Tribal Barangays. — The ICCs/IPs living in contiguous areas or

communities where they form the predominant population but which are located in
municipalities, provinces or cities where they do not constitute the majority of the
population, may form or constitute a separate barangay in accordance with the Local
Government Code on the creation of tribal barangays.

SECTION 19. Role of Peoples Organizations. — The State shall recognize and
respect the role of independent ICCs/IPs organizations to enable the ICCs/IPs to pursue
and protect their legitimate and collective interests and aspirations through peaceful and
lawful means.

SECTION 20. Means for Development/Empowerment of ICCs/IPs. — The

Government shall establish the means for the full development/empowerment of the
ICCs/IPs own institutions and initiatives and, where necessary, provide the resources
needed therefor.

CHAPTER V

Social Justice and Human Rights

SECTION 21. Equal Protection and Non-discrimination of ICCs/IPs. — Consistent

with the equal protection clause of the Constitution of the Republic of the Philippines, the
Charter of the United Nations, the Universal Declaration of Human Rights including the
Convention on the Elimination of Discrimination Against Women and International Human
Rights Law, the State shall, with due recognition of their distinct characteristics and
identity, accord to the members of the ICCs/IPs the rights, protections and privileges
enjoyed by the rest of the citizenry. It shall extend to them the same employment rights,
opportunities, basic services, educational and other rights and privileges available to

11
every member of the society. Accordingly, the State shall likewise ensure that the
employment of any form of force or coercion against ICCs/IPs shall be dealt with by law.

The State shall ensure that the fundamental human rights and freedoms as enshrined in
the Constitution and relevant international instruments are guaranteed also to indigenous
women. Towards this end, no provision in this Act shall be interpreted so as to result in
the diminution of rights and privileges already recognized and accorded to women under
existing laws of general application.

SECTION 22. Rights During Armed Conflict. — ICCs/IPs have the right to special
protection and security in periods of armed conflict. The State shall observe international
standards, in particular, the Fourth Geneva Convention of 1949, for the protection of
civilian populations in circumstances of emergency and armed conflict, and shall not
recruit members of the ICCs/IPs against their will into the armed forces, and in particular,
for use against other ICCs/IPs; nor recruit children of ICCs/IPs into the armed forces
under any circumstance; nor force indigenous individuals to abandon their lands,
territories and means of subsistence, or relocate them in special centers for military
purposes under any discriminatory condition.

SECTION 23. Freedom from Discrimination and Right to Equal Opportunity and
Treatment. — It shall be the right of the ICCs/IPs to be free from any form of
discrimination, with respect to recruitment and conditions of employment, such that they
may enjoy equal opportunities for admission to employment, medical and social
assistance, safety as well as other occupationally-related benefits, informed of their rights
under existing labor legislation and of means available to them for redress, not subject to
any coercive recruitment systems, including bonded labor and other forms of debt
servitude; and equal treatment in employment for men and women, including the
protection from sexual harassment.

Towards this end, the State shall, within the framework of national laws and regulations,
and in cooperation with the ICCs/IPs concerned, adopt special measures to ensure the
effective protection with regard to the recruitment and conditions of employment of

12
persons belonging to these communities, to the extent that they are not effectively
protected by laws applicable to workers in general.

ICCs/IPs shall have the right to association and freedom for all trade union activities and
the right to conclude collective bargaining agreements with employers’ organizations.
They shall likewise have the right not to be subject to working conditions hazardous to
their health, particularly through exposure to pesticides and other toxic substances.

SECTION 24. Unlawful Acts Pertaining to Employment. — It shall be unlawful for

any person:

a) To discriminate against any ICC/IP with respect to the terms and conditions of
employment on account of their descent. Equal remuneration shall be paid to ICC/IP and
non-ICC/IP for work of equal value; and

b) To deny any ICC/IP employee any right or benefit herein provided for or to
discharge them for the purpose of preventing them from enjoying any of the rights or
benefits provided under this Act.

SECTION 25. Basic Services. — The ICCs/IPs have the right to special measures
for the immediate, effective and continuing improvement of their economic and social
conditions, including in the areas of employment, vocational training and retraining,
housing, sanitation, health and social security. Particular attention shall be paid to the
rights and special needs of indigenous women, elderly, youth, children and differently-
abled persons. Accordingly, the State shall guarantee the right of ICCs/IPs to
government’s basic services which shall include, but not limited to, water and electrical
facilities, education, health, and infrastructure.

SECTION 26. Women. — ICC/IP women shall enjoy equal rights and opportunities
with men, as regards the social, economic, political and cultural spheres of life. The
participation of indigenous women in the decision-making process in all levels, as well as
in the development of society, shall be given due respect and recognition.

13
The State shall provide full access to education, maternal and child care, health and
nutrition, and housing services to indigenous women. Vocational, technical, professional
and other forms of training shall be provided to enable these women to fully participate in
all aspects of social life. As far as possible, the State shall ensure that indigenous women
have access to all services in their own languages.

SECTION 27. Children and Youth. — The State shall recognize the vital role of the
children and youth of ICCs/IPs in nation-building and shall promote and protect their
physical, moral, spiritual, intellectual and social well-being. Towards this end, the State
shall support all government programs intended for the development and rearing of the
children and youth of ICCs/IPs for civic efficiency and establish such mechanisms as may
be necessary for the protection of the rights of the indigenous children and youth.

SECTION 28. Integrated System of Education. — The State shall, through the NCIP,
provide a complete, adequate and integrated system of education, relevant to the needs
of the children and young people of ICCs/IPs.

CHAPTER VI

Cultural Integrity

SECTION 29. Protection of Indigenous Culture, Traditions and Institutions. — The

State shall respect, recognize and protect the right of ICCs/IPs to preserve and protect
their culture, traditions and institutions. It shall consider these rights in the formulation and
application of national plans and policies.

SECTION 30. Educational Systems. — The State shall provide equal access to
various cultural opportunities to the ICCs/IPs through the educational system, public or
private cultural entities, scholarships, grants and other incentives without prejudice to their
right to establish and control their educational systems and institutions by providing
education in their own language, in a manner appropriate to their cultural methods of
teaching and learning. Indigenous children/youth shall have the right to all levels and
forms of education of the State.

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SECTION 31. Recognition of Cultural Diversity. — The State shall endeavor to have
the dignity and diversity of the cultures, traditions, histories and aspirations of the
ICCs/IPs appropriately reflected in all forms of education, public information and cultural-
educational exchange. Consequently, the State shall take effective measures, in
consultation with ICCs/IPs concerned, to eliminate prejudice and discrimination and to
promote tolerance, understanding and good relations among ICCs/IPs and all segments
of society. Furthermore, the Government shall take effective measures to ensure that the
State-owned media duly reflect indigenous cultural diversity. The State shall likewise
ensure the participation of appropriate indigenous leaders in schools, communities and
international cooperative undertakings like festivals, conferences, seminars and
workshops to promote and enhance their distinctive heritage and values.

SECTION 32. Community Intellectual Rights. — ICCs/IPs have the right to practice
and revitalize their own cultural traditions and customs. The State shall preserve, protect
and develop the past, present and future manifestations of their cultures as well as the
right to the restitution of cultural, intellectual, religious, and spiritual property taken without
their free and prior informed consent or in violation of their laws, traditions and customs.

SECTION 33. Rights to Religious, Cultural Sites and Ceremonies. — ICCs/IPs shall
have the right to manifest, practice, develop, and teach their spiritual and religious
traditions, customs and ceremonies; the right to maintain, protect and have access to
their religious and cultural sites; the right to use and control of ceremonial objects; and,
the right to the repatriation of human remains. Accordingly, the State shall take effective
measures, in cooperation with the ICCs/IPs concerned, to ensure that indigenous sacred
places, including burial sites, be preserved, respected and protected. To achieve this
purpose, it shall be unlawful to:

a) Explore, excavate or make diggings on archeological sites of the ICCs/IPs for

the purpose of obtaining materials of cultural values without the free and prior informed
consent of the community concerned; and

15
b) Deface, remove or otherwise destroy artifacts which are of great importance
to the ICCs/IPs for the preservation of their cultural heritage.

SECTION 34. Right to Indigenous Knowledge Systems and Practices and to

Develop own Sciences and Technologies. — ICCs/IPs are entitled to the recognition of
the full ownership and control and protection of their cultural and intellectual rights. They
shall have the right to special measures to control, develop and protect their sciences,
technologies and cultural manifestations, including human and other genetic resources,
seeds, including derivatives of these resources, traditional medicines and health
practices, vital medicinal plants, animals and minerals, indigenous knowledge systems
and practices, knowledge of the properties of fauna and flora, oral traditions, literature,
designs, and visual and performing arts.

SECTION 35. Access to Biological and Genetic Resources. — Access to biological

and genetic resources and to indigenous knowledge related to the conservation,
utilization and enhancement of these resources, shall be allowed within ancestral lands
and domains of the ICCs/IPs only with a free and prior informed consent of such
communities, obtained in accordance with customary laws of the concerned community.

SECTION 36. Sustainable Agro-Technical Development. — The State shall

recognize the right of ICCs/IPs to a sustainable agro-technological development and shall
formulate and implement programs of action for its effective implementation. The State
shall likewise promote the bio-genetic and resource management systems among the
ICCs/IPs and shall encourage cooperation among government agencies to ensure the
successful sustainable development of ICCs/IPs.

SECTION 37. Funds for Archeological and Historical Sites. — The ICCs/IPs shall
have the right to receive from the national government all funds especially earmarked or
allocated for the management and preservation of their archeological and historical sites
and artifacts with the financial and technical support of the national government agencies.

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 CHAPTER VII

National Commission on Indigenous Peoples (NCIP)

SECTION 38. National Commission on Indigenous Cultural

Communities/Indigenous Peoples (NCIP). — To carry out the policies herein set forth,
there shall be created the National Commission on ICCs/IPs (NCIP), which shall be the
primary government agency responsible for the formulation and implementation of
policies, plans and programs to promote and protect the rights and well-being of the
ICCs/IPs and the recognition of their ancestral domains as well as the rights thereto.

SECTION 39. Mandate. — The NCIP shall protect and promote the interest and well-
being of the ICCs/IPs with due regard to their beliefs, customs, traditions and institutions.

SECTION 40. Composition. — The NCIP shall be an independent agency under the
Office of the President and shall be composed of seven (7) Commissioners belonging to
ICCs/IPs, one (1) of whom shall be the Chairperson. The Commissioners shall be
appointed by the President of the Philippines from a list of recommendees submitted by
authentic ICCs/IPs: Provided, That the seven (7) Commissioners shall be appointed
specifically from each of the following ethnographic areas: Region I and the Cordilleras;
Region II; the rest of Luzon; Island Groups including Mindoro, Palawan, Romblon, Panay
and the rest of the Visayas; Northern and Western Mindanao; Southern and Eastern
Mindanao; and Central Mindanao: Provided, That at least two (2) of the seven (7)
Commissioners shall be women.

SECTION 41. Qualifications, Tenure, Compensation. — The Chairperson and the

six (6) Commissioners must be natural born Filipino citizens, bona fide members of the
ICCs/IPs as certified by his/her tribe, experienced in ethnic affairs and who have worked
for at least ten (10) years with an ICC/IP community and/or any government agency
involved in ICC/IP, at least 35 years of age at the time of appointment, and must be of
proven honesty and integrity: Provided, That at least two (2) of the seven (7)
Commissioners shall be members of the Philippine Bar: Provided, further, That the
members of the NCIP shall hold office for a period of three (3) years, and may be subject

17
to re-appointment for another term: Provided, furthermore, That no person shall serve for
more than two (2) terms. Appointment to any vacancy shall only be for the unexpired term
of the predecessor and in no case shall a member be appointed or designated in a
temporary or acting capacity: Provided, finally, That the Chairperson and the
Commissioners shall be entitled to compensation in accordance with the Salary
Standardization Law.

SECTION 42. Removal from Office. — Any member of the NCIP may be removed
from office by the President, on his own initiative or upon recommendation by any
indigenous community, before the expiration of his term for cause and after complying
with due process requirement of law.

SECTION 43. Appointment of Commissioners. — The President shall appoint the

seven (7) Commissioners of the NCIP within ninety (90) days from the effectivity of this
Act.

SECTION 44. Powers and Functions. — To accomplish its mandate, the NCIP shall
have the following powers, jurisdiction and function:

a) To serve as the primary government agency through which ICCs/IPs can seek
government assistance and as the medium, through which such assistance may be
extended;

b) To review and assess the conditions of ICCs/IPs including existing laws and
policies pertinent thereto and to propose relevant laws and policies to address their role
in national development;

c) To formulate and implement policies, plans, programs and projects for the
economic, social and cultural development of the ICCs/IPs and to monitor the
implementation thereof;

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d) To request and engage the services and support of experts from other
agencies of government or employ private experts and consultants as may be required in
the pursuit of its objectives;

e) To issue certificate of ancestral land/domain title;

f) Subject to existing laws, to enter into contracts, agreements, or arrangement,

with government or private agencies or entities as may be necessary to attain the
objectives of this Act, and subject to the approval of the President, to obtain loans from
government lending institutions and other lending institutions to finance its programs;

g) To negotiate for funds and to accept grants, donations, gifts and/or properties
in whatever form and from whatever source, local and international, subject to the
approval of the President of the Philippines, for the benefit of ICCs/IPs and administer the
same in accordance with the terms thereof; or in the absence of any condition, in such
manner consistent with the interest of ICCs/IPs as well as existing laws;

h) To coordinate development programs and projects for the advancement of the

ICCs/IPs and to oversee the proper implementation thereof;

i) To convene periodic conventions or assemblies of IPs to review, assess as

well as propose policies or plans;

j) To advise the President of the Philippines on all matters relating to the ICCs/IPs
and to submit within sixty (60) days after the close of each calendar year, a report of its
operations and achievements;

k) To submit to Congress appropriate legislative proposals intended to carry out

the policies under this Act;

l) To prepare and submit the appropriate budget to the Office of the President;

m) To issue appropriate certification as a pre-condition to the grant of permit,

lease, grant, or any other similar authority for the disposition, utilization, management and

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appropriation by any private individual, corporate entity or any government agency,
corporation or subdivision thereof on any part or portion of the ancestral domain taking
into consideration the consensus approval of the ICCs/IPs concerned;

n) To decide all appeals from the decisions and acts of all the various offices
within the Commission;

o) To promulgate the necessary rules and regulations for the implementation of

this Act;

p) To exercise such other powers and functions as may be directed by the

President of the Republic of the Philippines; and

q) To represent the Philippine ICCs/IPs in all international conferences and

conventions dealing with indigenous peoples and other related concerns.

SECTION 45. Accessibility and Transparency. — Subject to such limitations as may

be provided by law or by rules and regulations promulgated pursuant thereto, all official
records, documents and papers pertaining to official acts, transactions or decisions, as
well as research data used as basis for policy development of the Commission shall be
made accessible to the public.

SECTION 46. Offices within the NCIP. — The NCIP shall have the following offices
which shall be responsible for the implementation of the policies hereinafter provided:

a) Ancestral Domains Office — The Ancestral Domain Office shall be responsible

for the identification, delineation and recognition of ancestral lands/domains. It shall also
be responsible for the management of ancestral lands/domains in accordance with a
master plan as well as the implementation of the ancestral domain rights of the ICCs/IPs
as provided in Chapter III of this Act. It shall also issue, upon the free and prior informed
consent of the ICCs/IPs concerned, certification prior to the grant of any license, lease or
permit for the exploitation of natural resources affecting the interests of ICCs/IPs or their
ancestral domains and to assist the ICCs/IPs in protecting the territorial integrity of all

20
ancestral domains. It shall likewise perform such other functions as the Commission may
deem appropriate and necessary;

b) Office on Policy, Planning and Research — The Office on Policy, Planning and
Research shall be responsible for the formulation of appropriate policies and programs
for ICCs/IPs such as, but not limited to, the development of a Five-Year Master Plan for
the ICCs/IPs. Such plan shall undergo a process such that every five years, the
Commission shall endeavor to assess the plan and make ramifications in accordance
with the changing situations. The Office shall also undertake the documentation of
customary law and shall establish and maintain a Research Center that would serve as
a depository of ethnographic information for monitoring, evaluation and policy formulation.
It shall assist the legislative branch of the national government in the formulation of
appropriate legislation benefiting ICCs/IPs;

c) Office of Education, Culture and Health — The Office on Culture, Education

and Health shall be responsible for the effective implementation of the education, cultural
and related rights as provided in this Act. It shall assist, promote and support community
schools, both formal and non-formal, for the benefit of the local indigenous community,
especially in areas where existing educational facilities are not accessible to members of
the indigenous group. It shall administer all scholarship programs and other educational
rights intended for ICC/IP beneficiaries in coordination with the Department of Education,
Culture and Sports and the Commission on Higher Education. It shall undertake, within
the limits of available appropriation, a special program which includes language and
vocational training, public health and family assistance program and related subjects.

It shall also identify ICCs/IPs with potential training in the health profession and
encourage and assist them to enroll in schools of medicine, nursing, physical therapy and
other allied courses pertaining to the health profession.

Towards this end, the NCIP shall deploy a representative in each of the said offices who
shall personally perform the foregoing task and who shall receive complaints from the
ICCs/IPs and compel action from appropriate agency. It shall also monitor the activities

21
of the National Museum and other similar government agencies generally intended to
manage and preserve historical and archeological artifacts of the ICCs/IPs and shall be
responsible for the implementation of such other functions as the NCIP may deem
appropriate and necessary;

d) Office on Socio-Economic Services and Special Concerns — The Office on

Socio-Economic Services and Special Concerns shall serve as the Office through which
the NCIP shall coordinate with pertinent government agencies specially charged with the
implementation of various basic socio-economic services, policies, plans and programs
affecting the ICCs/IPs to ensure that the same are properly and directly enjoyed by them.
It shall also be responsible for such other functions as the NCIP may deem appropriate
and necessary;

e) Office of Empowerment and Human Rights — The Office of Empowerment

and Human Rights shall ensure that indigenous socio-political, cultural and economic
rights are respected and recognized. It shall ensure that capacity building mechanisms
are instituted and ICCs/IPs are afforded every opportunity, if they so choose, to participate
in all levels of decision-making. It shall likewise ensure that the basic human rights, and
such other rights as the NCIP may determine, subject to existing laws, rules and
regulations, are protected and promoted;

f) Administrative Office — The Administrative Office shall provide the NCIP with
economical, efficient and effective services pertaining to personnel, finance, records,
equipment, security, supplies and related services. It shall also administer the Ancestral
Domains Fund; and

g) Legal Affairs Office — There shall be a Legal Affairs Office which shall advice
the NCIP on all legal matters concerning ICCs/IPs and which shall be responsible for
providing ICCs/IPs with legal assistance in litigation involving community interest. It shall
conduct preliminary investigation on the basis of complaints filed by the ICCs/IPs against
a natural or juridical person believed to have violated ICCs/IPs rights. On the basis of its
findings, it shall initiate the filing of appropriate legal or administrative action to the NCIP.

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SECTION 47. Other Offices. — The NCIP shall have the power to create additional
offices as it may deem necessary subject to existing rules and regulations.

SECTION 48. Regional and Field Offices. — Existing regional and field offices shall
remain to function under the strengthened organizational structure of the NCIP. Other
field offices shall be created wherever appropriate and the staffing pattern thereof shall
be determined by the NCIP: Provided, That in provinces where there are ICCs/IPs but
without field offices, the NCIP shall establish field offices in said provinces.

SECTION 49. Office of the Executive Director. — The NCIP shall create the Office
of the Executive Director which shall serve as its secretariat. The Office shall be headed
by an Executive Director who shall be appointed by the President of the Republic of the
Philippines upon recommendation of the NCIP on a permanent basis. The staffing pattern
of the office shall be determined by the NCIP subject to the existing rules and regulations.

SECTION 50. Consultative Body. — A body consisting of the traditional leaders,

elders and representatives from the women and youth sectors of the different ICCs/IPs
shall be constituted by the NCIP from time to time to advise it on matters relating to the
problems, aspirations and interests of the ICCs/IPs.

CHAPTER VIII

Delineation and Recognition of Ancestral Domains

SECTION 51. Delineation and Recognition of Ancestral Domains. — Self-

delineation shall be the guiding principle in the identification and delineation of ancestral
domains. As such, the ICCs/IPs concerned shall have a decisive role in all the activities
pertinent thereto. The Sworn Statement of the Elders as to the scope of the territories and
agreements/pacts made with neighboring ICCs/IPs, if any, will be essential to the
determination of these traditional territories. The Government shall take the necessary
steps to identify lands which the ICCs/IPs concerned traditionally occupy and guarantee
effective protection of their rights of ownership and possession thereto. Measures shall
be taken in appropriate cases to safeguard the right of the ICCs/IPs concerned to land

23
which may no longer be exclusively occupied by them, but to which they have traditionally
had access for their subsistence and traditional activities, particularly of ICCs/IPs who are
still nomadic and/or shifting cultivators.

SECTION 52. Delineation Process. — The identification and delineation of ancestral

domains shall be done in accordance with the following procedures:

a) Ancestral Domains Delineated Prior to this Act. — The provisions hereunder

shall not apply to ancestral domains/lands already delineated according to DENR
Administrative Order No. 2, series of 1993, nor to ancestral lands and domains delineated
under any other community/ancestral domain program prior to the enactment of this law.
ICCs/IPs whose ancestral lands/domains were officially delineated prior to the enactment
of this law shall have the right to apply for the issuance of a Certificate of Ancestral
Domain Title (CADT) over the area without going through the process outlined hereunder;

b) Petition for Delineation. — The process of delineating a specific perimeter may

be initiated by the NCIP with the consent of the ICC/IP concerned, or through a Petition
for Delineation filed with the NCIP, by a majority of the members of the ICCs/IPs;

c) Delineation Proper. — The official delineation of ancestral domain boundaries

including census of all community members therein, shall be immediately undertaken by
the Ancestral Domains Office upon filing of the application by the ICCs/IPs concerned.
Delineation will be done in coordination with the community concerned and shall at all
times include genuine involvement and participation by the members of the communities
concerned;

d) Proof Required. — Proof of Ancestral Domain Claims shall include the

testimony of elders or community under oath, and other documents directly or indirectly
attesting to the possession or occupation of the area since time immemorial by such
ICCs/IPs in the concept of owners which shall be any one (1) of the following authentic
documents:

1) Written accounts of the ICCs/IPs customs and traditions;

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2) Written accounts of the ICCs/IPs political structure and institution;

3) Pictures showing long term occupation such as those of old improvements,

burial grounds, sacred places and old villages;

4) Historical accounts, including pacts and agreements concerning boundaries

entered into by the ICCs/IPs concerned with other ICCs/IPs;

5) Survey plans and sketch maps;

6) Anthropological data;

7) Genealogical surveys;

8) Pictures and descriptive histories of traditional communal forests and hunting

grounds;

9) Pictures and descriptive histories of traditional landmarks such as mountains,

rivers, creeks, ridges, hills, terraces and the like; and

10) Write-ups of names and places derived from the native dialect of the
community.

e) Preparation of Maps. — On the basis of such investigation and the findings of

fact based thereon, the Ancestral Domains Office of the NCIP shall prepare a perimeter
map, complete with technical descriptions, and a description of the natural features and
landmarks embraced therein;

f) Report of Investigation and Other Documents. — A complete copy of the

preliminary census and a report of investigation, shall be prepared by the Ancestral
Domains Office of the NCIP;

g) Notice and Publication. — A copy of each document, including a translation in

the native language of the ICCs/IPs concerned shall be posted in a prominent place
therein for at least fifteen (15) days. A copy of the document shall also be posted at the

25
local, provincial and regional offices of the NCIP, and shall be published in a newspaper
of general circulation once a week for two (2) consecutive weeks to allow other claimants
to file opposition thereto within fifteen (15) days from date of such publication: Provided,
That in areas where no such newspaper exists, broadcasting in a radio station will be a
valid substitute: Provided, further, That mere posting shall be deemed sufficient if both
newspaper and radio station are not available;

h) Endorsement to NCIP. — Within fifteen (15) days from publication, and of the
inspection process, the Ancestral Domains Office shall prepare a report to the NCIP
endorsing a favorable action upon a claim that is deemed to have sufficient proof.
However, if the proof is deemed insufficient, the Ancestral Domains Office shall require
the submission of additional evidence: Provided, That the Ancestral Domains Office shall
reject any claim that is deemed patently false or fraudulent after inspection and
verification: Provided, further, That in case of rejection, the Ancestral Domains Office shall
give the applicant due notice, copy furnished all concerned, containing the grounds for
denial. The denial shall be appealable to the NCIP: Provided, furthermore, That in cases
where there are conflicting claims among ICCs/IPs on the boundaries of ancestral domain
claims, the Ancestral Domains Office shall cause the contending parties to meet and
assist them in coming up with a preliminary resolution of the conflict, without prejudice to
its full adjudication according to the section below.

i) Turnover of Areas Within Ancestral Domains Managed by Other Government

Agencies. — The Chairperson of the NCIP shall certify that the area covered is an
ancestral domain. The secretaries of the Department of Agrarian Reform, Department of
Environment and Natural Resources, Department of the Interior and Local Government,
and Department of Justice, the Commissioner of the National Development Corporation,
and any other government agency claiming jurisdiction over the area shall be notified
thereof. Such notification shall terminate any legal basis for the jurisdiction previously
claimed;

26
j) Issuance of CADT . — ICCs/IPs whose ancestral domains have been officially
delineated and determined by the NCIP shall be issued a CADT in the name of the
community concerned, containing a list of all those identified in the census; and

k) Registration of CADTs. — The NCIP shall register issued certificates of

ancestral domain titles and certificates of ancestral lands titles before the Register of
Deeds in the place where the property is situated.

SECTION 53. Identification, Delineation and Certification of Ancestral Lands. —

a) The allocation of lands within any ancestral domain to individual or indigenous

corporate (family or clan) claimants shall be left to the ICCs/IPs concerned to decide in
accordance with customs and traditions;

b) Individual and indigenous corporate claimants of ancestral lands which are not
within ancestral domains, may have their claims officially established by filing applications
for the identification and delineation of their claims with the Ancestral Domains Office. An
individual or recognized head of a family or clan may file such application in his behalf or
in behalf of his family or clan, respectively;

c) Proofs of such claims shall accompany the application form which shall include
the testimony under oath of elders of the community and other documents directly or
indirectly attesting to the possession or occupation of the areas since time immemorial by
the individual or corporate claimants in the concept of owners which shall be any of the
authentic documents enumerated under Sec. 52 (d) of this Act, including tax declarations
and proofs of payment of taxes;

d) The Ancestral Domains Office may require from each ancestral claimant the
submission of such other documents, Sworn Statements and the like, which in its opinion,
may shed light on the veracity of the contents of the application/claim;

e) Upon receipt of the applications for delineation and recognition of ancestral

land claims, the Ancestral Domains Office shall cause the publication of the application

27
and a copy of each document submitted including a translation in the native language of
the ICCs/IPs concerned in a prominent place therein for at least fifteen (15) days. A copy
of the document shall also be posted at the local, provincial, and regional offices of the
NCIP and shall be published in a newspaper of general circulation once a week for two
(2) consecutive weeks to allow other claimants to file opposition thereto within fifteen (15)
days from the date of such publication: Provided, That in areas where no such newspaper
exists, broadcasting in a radio station will be a valid substitute: Provided, further, That
mere posting shall be deemed sufficient if both newspapers and radio station are not
available;

f) Fifteen (15) days after such publication, the Ancestral Domains Office shall
investigate and inspect each application, and if found to be meritorious, shall cause a
parcellary survey of the area being claimed. The Ancestral Domains Office shall reject
any claim that is deemed patently false or fraudulent after inspection and verification. In
case of rejection, the Ancestral Domains Office shall give the applicant due notice, copy
furnished all concerned, containing the grounds for denial. The denial shall be appealable
to the NCIP. In case of conflicting claims among individuals or indigenous corporate
claimants, the Ancestral Domains Office shall cause the contending parties to meet and
assist them in coming up with a preliminary resolution of the conflict, without prejudice to
its full adjudication according to Sec. 62 of this Act. In all proceedings for the identification
or delineation of the ancestral domains as herein provided, the Director of Lands shall
represent the interest of the Republic of the Philippines; and

g) The Ancestral Domains Office shall prepare and submit a report on each and
every application surveyed and delineated to the NCIP, which shall, in turn, evaluate the
report submitted. If the NCIP finds such claim meritorious, it shall issue a certificate of
ancestral land, declaring and certifying the claim of each individual or corporate (family or
clan) claimant over ancestral lands.

SECTION 54. Fraudulent Claims. — The Ancestral Domains Office may, upon
written request from the ICCs/IPs, review existing claims which have been fraudulently
acquired by any person or community. Any claim found to be fraudulently acquired by,

28
and issued to, any person or community may be cancelled by the NCIP after due notice
and hearing of all parties concerned.

SECTION 55. Communal Rights. — Subject to Section 56 hereof, areas within the
ancestral domains, whether delineated or not, shall be presumed to be communally held:
Provided, That communal rights under this Act shall not be construed as co-ownership as
provided in Republic Act No. 386, otherwise known as the New Civil Code.

SECTION 56. Existing Property Rights Regimes. — Property rights within the
ancestral domains already existing and/or vested upon effectivity of this Act, shall be
recognized and respected.

SECTION 57. Natural Resources within Ancestral Domains. — The ICCs/IPs shall
have priority rights in the harvesting, extraction, development or exploitation of any natural
resources within the ancestral domains. A non-member of the ICCs/IPs concerned may
be allowed to take part in the development and utilization of the natural resources for a
period of not exceeding twenty-five (25) years renewable for not more than twenty-five
(25) years: Provided, That a formal and written agreement is entered into with the
ICCs/IPs concerned or that the community, pursuant to its own decision making process,
has agreed to allow such operation: Provided, finally, That the NCIP may exercise
visitorial powers and take appropriate action to safeguard the rights of the ICCs/IPs under
the same contract.

SECTION 58. Environmental Considerations. — Ancestral domains or portions

thereof, which are found to be necessary for critical watersheds, mangroves, wildlife
sanctuaries, wilderness, protected areas, forest cover, or reforestation as determined by
appropriate agencies with the full participation of the ICCs/IPs concerned shall be
maintained, managed and developed for such purposes. The ICCs/IPs concerned shall
be given the responsibility to maintain, develop, protect and conserve such areas with the
full and effective assistance of government agencies. Should the ICCs/IPs decide to
transfer the responsibility over the areas, said decision must be made in writing. The
consent of the ICCs/IPs should be arrived at in accordance with its customary laws

29
without prejudice to the basic requirements of existing laws on free and prior informed
consent: Provided, That the transfer shall be temporary and will ultimately revert to the
ICCs/IPs in accordance with a program for technology transfer: Provided, further, That no
ICCs/IPs shall be displaced or relocated for the purpose enumerated under this section
without the written consent of the specific persons authorized to give consent.

SECTION 59. Certification Precondition. — All departments and other governmental

agencies shall henceforth be strictly enjoined from issuing, renewing, or granting any
concession, license or lease, or entering into any production-sharing agreement, without
prior certification from the NCIP that the area affected does not overlap with any ancestral
domain. Such certification shall only be issued after a field-based investigation is
conducted by the Ancestral Domains Office of the area concerned: Provided, That no
certification shall be issued by the NCIP without the free and prior informed and written
consent of ICCs/IPs concerned: Provided, further, That no department, government
agency or government-owned or -controlled corporation may issue new concession,
license, lease, or production sharing agreement while there is a pending application for a
CADT: Provided, finally, That the ICCs/IPs shall have the right to stop or suspend, in
accordance with this Act, any project that has not satisfied the requirement of this
consultation process.

SECTION 60. Exemption from Taxes. — All lands certified to be ancestral domains
shall be exempt from real property taxes, special levies, and other forms of exaction
except such portion of the ancestral domains as are actually used for large-scale
agriculture, commercial forest plantation and residential purposes or upon titling by
private persons: Provided, That all exactions shall be used to facilitate the development
and improvement of the ancestral domains.

SECTION 61. Temporary Requisition Powers. — Prior to the establishment of an

institutional surveying capacity whereby it can effectively fulfill its mandate, but in no case
beyond three (3) years after its creation, the NCIP is hereby authorized to request the
Department of Environment and Natural Resources (DENR) survey teams as well as
other equally capable private survey teams, through a Memorandum of Agreement

30
(MOA), to delineate ancestral domain perimeters. The DENR Secretary shall
accommodate any such request within one (1) month of its issuance: Provided, That the
Memorandum of Agreement shall stipulate, among others, a provision for technology
transfer to the NCIP.

SECTION 62. Resolution of Conflicts. — In cases of conflicting interest, where there

are adverse claims within the ancestral domains as delineated in the survey plan, and
which cannot be resolved, the NCIP shall hear and decide, after notice to the proper
parties, the disputes arising from the delineation of such ancestral domains: Provided,
That if the dispute is between and/or among ICCs/IPs regarding the traditional boundaries
of their respective ancestral domains, customary process shall be followed. The NCIP
shall promulgate the necessary rules and regulations to carry out its adjudicatory
functions: Provided, further, That any decision, order, award or ruling of the NCIP on any
ancestral domain dispute or on any matter pertaining to the application, implementation,
enforcement and interpretation of this Act may be brought for Petition for Review to the
Court of Appeals within fifteen (15) days from receipt of a copy thereof.

SECTION 63. Applicable Laws. — Customary laws, traditions and practices of the
ICCs/IPs of the land where the conflict arises shall be applied first with respect to property
rights, claims and ownerships, hereditary succession and settlement of land disputes.
Any doubt or ambiguity in the application and interpretation of laws shall be resolved in
favor of the ICCs/IPs.

SECTION 64. Remedial Measures. — Expropriation may be resorted to in the

resolution of conflicts of interest following the principle of the “common good”. The NCIP
shall take appropriate legal action for the cancellation of officially documented titles which
were acquired illegally: Provided, That such procedure shall ensure that the rights of
possessors in good faith shall be respected: Provided, further, That the action for
cancellation shall be initiated within two (2) years from the effectivity of this Act: Provided,
finally, That the action for conveyance shall be within a period of ten (10) years in
accordance with existing laws.

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 CHAPTER IX

Jurisdiction and Procedures for Enforcement of Rights

SECTION 65. Primacy of Customary Laws and Practices. — When disputes involve
ICCs/IPs, customary laws and practices shall be used to resolve the dispute.

SECTION 66. Jurisdiction of the NCIP. — The NCIP, through its regional offices,
shall have jurisdiction over all claims and disputes involving rights of ICCs/IPs: Provided,
however, That no such dispute shall be brought to the NCIP unless the parties have
exhausted all remedies provided under their customary laws. For this purpose, a
certification shall be issued by the Council of Elders/Leaders who participated in the
attempt to settle the dispute that the same has not been resolved, which certification shall
be a condition precedent to the filing of a petition with the NCIP.

SECTION 67. Appeals to the Court of Appeals. — Decisions of the NCIP shall be
appealable to the Court of Appeals by way of a petition for review.

SECTION 68. Execution of Decisions, Awards, Orders. — Upon expiration of the

period herein provided and no appeal is perfected by any of the contending parties, the
Hearing Officer of the NCIP, on its own initiative or upon motion by the prevailing party,
shall issue a writ of execution requiring the sheriff or the proper officer to execute final
decisions, orders or awards of the Regional Hearing Officer of the NCIP.

SECTION 69. Quasi-Judicial Powers of the NCIP. — The NCIP shall have the power
and authority:

a) To promulgate rules and regulations governing the hearing and disposition of

cases filed before it as well as those pertaining to its internal functions and such rules and
regulations as may be necessary to carry out the purposes of this Act;

b) To administer oaths, summon the parties to a controversy, issue subpoenas

requiring the attendance and testimony of witnesses or the production of such books,
papers, contracts, records, agreements and other document of similar nature as may be

32
material to a just determination of the matter under investigation or hearing conducted in
pursuance of this Act;

c) To hold any person in contempt, directly or indirectly, and impose appropriate

penalties therefor; and

d) To enjoin any or all acts involving or arising from any case pending before it
which, if not restrained forthwith, may cause grave or irreparable damage to any of the
parties to the case or seriously affect social or economic activity.

SECTION 70. No Restraining Order or Preliminary Injunction. — No inferior court of

the Philippines shall have jurisdiction to issue any restraining order or writ of preliminary
injunction against the NCIP or any of its duly authorized or designated offices in any case,
dispute or controversy arising from, necessary to, or interpretation of this Act and other
pertinent laws relating to ICCs/IPs and ancestral domains.

CHAPTER X

Ancestral Domains Fund

SECTION 71. Ancestral Domains Fund. — There is hereby created a special fund,
to be known as the Ancestral Domains Fund, an initial amount of One hundred thirty
million pesos (P130, 000,000) to cover compensation for expropriated lands, delineation
and development of ancestral domains. An amount of Fifty million pesos (P50, 000,000)
shall be sourced from the gross income of the Philippine Charity Sweepstakes Office
(PCSO) from its lotto operation, Ten million pesos (P10, 000,000) from the gross receipts
of the travel tax of the preceding year, the fund of the Social Reform Council intended for
survey and delineation of ancestral lands/domains, and such other source as the
government may deem appropriate. Thereafter, such amount shall be included in the
annual General Appropriations Act. Foreign as well as local funds which are made
available for the ICCs/IPs through the government of the Philippines shall be coursed
through the NCIP. The NCIP may also solicit and receive donations, endowments and
grants in the form of contributions, and such endowments shall be exempted from income

33
or gift taxes and all other taxes, charges or fees imposed by the government or any
political subdivision or instrumentality thereof.

CHAPTER XI

Penalties

SECTION 72. Punishable Acts and Applicable Penalties. — Any person who
commits violation of any of the provisions of this Act, such as, but not limited to,
unauthorized and/or unlawful intrusion upon any ancestral lands or domains as stated in
Sec. 10, Chapter III, or shall commit any of the prohibited acts mentioned in Sections 21
and 24, Chapter V, Section 33, Chapter VI hereof, shall be punished in accordance with
the customary laws of the ICCs/IPs concerned: Provided, That no such penalty shall be
cruel, degrading or inhuman punishment: Provided, further, That neither shall the death
penalty or excessive fines be imposed. This provision shall be without prejudice to the
right of any ICCs/IPs to avail of the protection of existing laws. In which case, any person
who violates any provision of this Act shall, upon conviction, be punished by imprisonment
of not less than nine (9) months but not more than twelve (12) years or a fine of not less
than One hundred thousand pesos (P100, 000) nor more than Five hundred thousand
pesos (P500,000) or both such fine and imprisonment upon the discretion of the court. In
addition, he shall be obliged to pay to the ICCs/IPs concerned whatever damage may
have been suffered by the latter as a consequence of the unlawful act.

SECTION 73. Persons Subject to Punishment. — If the offender is a juridical person,

all officers such as, but not limited to, its president, manager, or head of office responsible
for their unlawful act shall be criminally liable therefor, in addition to the cancellation of
certificates of their registration and/or license: Provided, That if the offender is a public
official, the penalty shall include perpetual disqualification to hold public office.

CHAPTER XII

Merger of the Office for Northern Cultural Communities (ONCC) and the Office for
Southern Cultural Communities (OSCC)

34
SECTION 74. Merger of ONCC/OSCC. — The Office for Northern Cultural
Communities (ONCC) and the Office of Southern Cultural Communities (OSCC), created
under Executive Order Nos. 122-B and 122-C respectively, are hereby merged as organic
offices of the NCIP and shall continue to function under a revitalized and strengthened
structures to achieve the objectives of the NCIP: Provided, That the positions of Staff
Directors, Bureau Directors, Deputy Executive Directors and Executive Directors, except
positions of Regional Directors and below, are hereby phased-out upon the effectivity of
this Act: Provided, further, That officials and employees of the phased-out offices who
may be qualified may apply for reappointment with the NCIP and may be given prior rights
in the filling up of the newly created positions of NCIP, subject to the qualifications set by
the Placement Committee: Provided, furthermore, That in the case where an indigenous
person and a non-indigenous person with similar qualifications apply for the same
position, priority shall be given to the former. Officers and employees who are to be
phased-out as a result of the merger of their offices shall be entitled to gratuity a rate
equivalent to one and a half (1 ½) months’ salary for every year of continuous and
satisfactory service rendered or the equivalent nearest fraction thereof favorable to them
on the basis of the highest salary received. If they are already entitled to retirement or
gratuity, they shall have the option to select either such retirement benefits or the gratuity
herein provided. Officers and employees who may be reinstated shall refund such
retirement benefits or gratuity received: Provided, finally, that absorbed personnel must
still meet the qualifications and standards set by the Civil Service and the Placement
Committee herein created.

SECTION 75. Transition Period. — The ONCC/OSCC shall have a period of six (6)
months from the effectivity of this Act within which to wind up its affairs and to conduct
audit of its finances.

SECTION 76. Transfer of Assets/Properties. — All real and personal properties

which are vested in, or belonging to, the merged offices as afforested shall be transferred
to the NCIP without further need of conveyance, transfer or assignment and shall be held
for the same purpose as they were held by the former offices: Provided, That all contracts,
records and documents relating to the operations of the merged offices shall be

35
transferred to the NCIP. All agreements and contracts entered into by the merged offices
shall remain in full force and effect unless otherwise terminated, modified or amended by
the NCIP.

SECTION 77. Placement Committee. — Subject to rules on government

reorganization, a Placement Committee shall be created by the NCIP, in coordination with
the Civil Service Commission, which shall assist in the judicious selection and placement
of personnel in order that the best qualified and most deserving persons shall be
appointed in the reorganized agency. The Placement Committee shall be composed of
seven (7) commissioners and an ICCs’/IPs’ representative from each of the first and
second level employees association in the Offices for Northern and Southern Cultural
Communities (ONCC/OSCC), nongovernment organizations (NGOs) who have served
the community for at least five (5) years and peoples organizations (POs) with at least
five (5) years of existence. They shall be guided by the criteria of retention and
appointment to be prepared by the consultative body and by the pertinent provisions of
the civil service law.

CHAPTER XIII

Final Provisions

SECTION 78. Special Provision. — The City of Baguio shall remain to be governed
by its Charter and all lands proclaimed as part of its town site reservation shall remain as
such until otherwise reclassified by appropriate legislation: Provided, That prior land rights
and titles recognized and/or acquired through any judicial, administrative or other
processes before the effectivity of this Act shall remain valid: Provided, further, That this
provision shall not apply to any territory which becomes part of the City of Baguio after
the effectivity of this Act.

SECTION 79. Appropriations. — The amount necessary to finance the initial

implementation of this Act shall be charged against the current year’s appropriation of the
ONCC and the OSCC. Thereafter, such sums as may be necessary for its continued
implementation shall be included in the annual General Appropriations Act.

36
SECTION 80. Implementing Rules and Regulations. — Within sixty (60) days
immediately after appointment, the NCIP shall issue the necessary rules and regulations,
in consultation with the Committees on National Cultural Communities of the House of
Representatives and the Senate, for the effective implementation of this Act.

SECTION 81. Saving Clause. — This Act will not in any manner adversely affect the
rights and benefits of the ICCs/IPs under other conventions, recommendations,
international treaties, national laws, awards, customs and agreements.

SECTION 82. Reparability Clause. — In case any provision of this Act or any portion
thereof is declared unconstitutional by a competent court, other provisions shall not be
affected thereby.

SECTION 83. Repealing Clause. — Presidential Decree No. 410, Executive Order
Nos. 122-B and 122-C, and all other laws, decrees, orders, rules and regulations or parts
thereof inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 84. Effectivity. — This Act shall take effect fifteen (15) days upon its
publication in the Official Gazette or in any two (2) newspapers of general circulation.

Approved: October 29, 1997

37
 REPUBLIC ACT No. 9994

AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR

CITIZENS, FURTHER AMENDING REPUBLIC ACT NO. 7432, AS AMENDED,
OTHERWISE KNOWN AS "AN ACT TO MAXIMIZE THE CONTRIBUTION OF
SENIOR CITIZENS TO NATION BUILDING, GRANT BENEFITS AND SPECIAL
PRIVILEGES AND FOR OTHER PURPOSES"

Be it enacted by the Senate and House of Representatives of the Philippine Congress

Assembled:

Section 1. Title. - This Act Shall be known as the "Expanded Senior Citizens Act of
2010."

Section 2. Section 1 of Republic Act No. 7432, as amended by Republic Act No. 9257,
otherwise known as the "Expanded Senior Citizens Act of 2003", is hereby further
amended to read as follows:

"SECTION 1. Declaration of Policies and Objectives. - As provided in the Constitution of

the Republic of the Philippines, it is the declared policy of the State to promote a just and
dynamic social order that will ensure the prosperity and independence of the nation and
free the people from poverty through policies that provide adequate social services,
promote full employment, a rising standard of living and an improved quality of life. In the
Declaration of Principles and State Policies in Article II, Sections 10 and 11, it is further
declared that the State shall provide social justice in all phases of national development
and that the State values the dignity of every human person and guarantees full respect
for human rights.

"Article XIII, Section 11 of the Constitution provides that the Sate shall adopt an integrated
and comprehensive approach to health development which shall endeavor to make
essential goods, health and other social services available to all the people at affordable
cost. There shall be priority for the needs of the underprivileged, sick, elderly, disabled,
women and children. Article XV, Section 4 of the Constitution Further declares that it is

38
the duty of the family to take care of its elderly members while the State may design
programs of social security for them.

"Consistent with these constitutional principles, this Act shall serve the following
objectives:

"(a) To recognize the rights of senior citizens to take their proper place in
society and make it a concern of the family, community, and government;

"(b) To give full support to the improvement of the total well-being of the
elderly and their full participation in society, considering that senior citizens
are integral part of Philippine society;

"(c) To motivate and encourage the senior citizens to contribute to nation

building;

"(d) To encourage their families and the communities they live with to
reaffirm the valued Filipino tradition of caring for the senior citizens;

"(e) To provide a comprehensive health care and rehabilitation system for

disabled senior citizens to foster their capacity to attain a more meaningful
and productive ageing; and

"(f) To recognize the important role of the private sector in the improvement
of the welfare of senior citizens and to actively seek their partnership.

"In accordance with these objectives, this Act shall:

"(1) establish mechanisms whereby the contributions of the senior citizens

are maximized;

"(2) adopt measures whereby our senior citizens are assisted and
appreciated by the community as a whole;

39
 "(3) establish a program beneficial to the senior citizens, their families and
the rest of the community they serve: and

"(4) establish community-based health and rehabilitation programs for

senior citizens in every political unit of society."

Section 3. Section 2 of Republic Act No. 7432, as amended by Republic Act No. 9257,
otherwise known as the Expanded Senior Citizens Act of 2003", is hereby further
amended to read as follows:

SEC. 2. Definition of terms. - For purposes of this Act, these terms are defined as follows:

"(a) Senior citizen or elderly refers to any resident citizen of the Philippines
at least sixty (60) years old;

"(b) Geriatrics refer to the branch of medical science devoted to the study
of the biological and physical changes and the diseases of old age;

"(c) Lodging establishment refers to a building, edifice, structure, apartment

or house including tourist inn, apartelle, motorist hotel, and pension house
engaged in catering, leasing or providing facilities to transients, tourists or
travelers;

"(d) Medical Services refer to hospital services, professional services of

physicians and other health care professionals and diagnostics and
laboratory tests that the necessary for the diagnosis or treatment of an
illness or injury;

"(e) Dental services to oral examination, cleaning, permanent and

temporary filling, extractions and gum treatments, restoration, replacement
or repositioning of teeth, or alteration of the alveolar or periodontium
process of the maxilla and the mandible that are necessary for the diagnosis
or treatment of an illness or injury;

40
 "(f) Nearest surviving relative refers to the legal spouse who survives the
deceased senior citizen: Provided, That where no spouse survives the
decedent, this shall be limited to relatives in the following order of degree of
kinship: children, parents, siblings, grandparents, grandchildren, uncles and
aunts;

"(g) Home health care service refers to health or supportive care provided
to the senior citizen patient at home by licensed health care professionals
to include, but not limited to, physicians, nurses, midwives, physical
therapist and caregivers; and

"(h) Indigent senior citizen, refers to any elderly who is frail, sickly or with
disability, and without pension or permanent source of income,
compensation or financial assistance from his/her relatives to support
his/her basic needs, as determined by the Department of Social Welfare
and development (DSWD) in consultation with the National Coordinating
and Monitoring Board."

Section 4 Section 4 of Republic Act No. 7432, as amended by Republic Act No. 9257,
otherwise known as the "Expanded Senior Citizens Act of 2003", is hereby further
amended to read as follows:

"SEC. 4. Privileges for the Senior Citizens. -

The senior citizens shall be entitled to the following:

"(a) the grant of twenty percent (20%) discount and exemption from the value -added tax
(VAT), if applicable, on the sale of the following goods and services from all
establishments, for the exclusive use and enjoyment or availment of the senior citizen

"(1) on the purchase of medicines, including the purchase of influenza and

pnuemococcal vaccines, and such other essential medical supplies,

41
accessories and equipment to be determined by the Department of Health
(DOH).

"The DOH shall establish guidelines and mechanism of compulsory rebates

in the sharing of burden of discounts among retailers, manufacturers and
distributors, taking into consideration their respective margins;

"(2) on the professional fees of attending physician/s in all private hospitals,

medical facilities, outpatient clinics and home health care services;

"(3) on the professional fees of licensed professional health providing home

health care services as endorsed by private hospitals or employed through
home health care employment agencies;

"(4) on medical and dental services, diagnostic and laboratory fees in all
private hospitals, medical facilities, outpatient clinics, and home health care
services, in accordance with the rules and regulations to be issued by the
DOH, in coordination with the Philippine Health Insurance Corporation
(PhilHealth);

"(5) in actual fare for land transportation travel in public utility buses (PUBs),
public utility jeepneys (PUJs), taxis, Asian utility vehicles (AUVs), shuttle
services and public railways, including Light Rail Transit (LRT), Mass Rail
Transit (MRT), and Philippine National Railways (PNR);

"(6) in actual transportation fare for domestic air transport services and sea
shipping vessels and the like, based on the actual fare and advanced
booking;

"(7) on the utilization of services in hotels and similar lodging

establishments, restaurants and recreation centers;

"(8) on admission fees charged by theaters, cinema houses and concert

halls, circuses, leisure and amusement; and

42
 "(9) on funeral and burial services for the death of senior citizens;

"(b) exemption from the payment of individual income taxes of senior citizens who are
considered to be minimum wage earners in accordance with Republic Act No. 9504;

"(c) the grant of a minimum of five percent (5%) discount relative to the monthly utilization
of water and electricity supplied by the public utilities: Provided, That the individual meters
for the foregoing utilities are registered in the name of the senior citizen residing
therein: Provided, further, That the monthly consumption does not exceed one hundred
kilowatt hours (100 kWh) of electricity and thirty cubic meters (30 m3) of water: Provided,
furthermore, That the privilege is granted per household regardless of the number of
senior citizens residing therein;

"(d) exemption from training fees for socioeconomic programs;

"(e) free medical and dental services, diagnostic and laboratory fees such as, but not
limited to, x-rays, computerized tomography scans and blood tests, in all government
facilities, subject to the guidelines to be issued by the DOH in coordination with the
PhilHealth;

"(f) the DOH shall administer free vaccination against the influenza virus and
pneumococcal disease for indigent senior citizen patients;

"(g) educational assistance to senior citizens to pursue pot secondary, tertiary, post
tertiary, vocational and technical education, as well as short-term courses for retooling in
both public and private schools through provision of scholarships, grants, financial aids,
subsides and other incentives to qualified senior citizens, including support for books,
learning materials, and uniform allowances, to the extent feasible: Provided, That senior
citizens shall meet minimum admission requirements;

"(h) to the extent practicable and feasible, the continuance of the same benefits and
privileges given by the Government Service Insurance System (GSIS), the Social Security

43
System (SSS) and the PAG-IBIG, as the case may be, as are enjoyed by those in actual
service;

"(i) retirement benefits of retirees from both the government and the private sector shall
be regularly reviewed to ensure their continuing responsiveness and sustainability, and
to the extent practicable and feasible, shall be upgraded to be at par with the current scale
enjoyed by those in actual service;

"(j) to the extent possible, the government may grant special discounts in special
programs for senior citizens on purchase of basic commodities, subject to the guidelines
to be issued for the purpose by the Department of Trade and Industry (DTI) and the
Department of Agriculture (DA);

"(k) provision of express lanes for senior citizens in all commercial and government
establishments; in the absence thereof, priority shall be given to them; and

"(l) death benefit assistance of a minimum of Two thousand pesos (Php2, 000.00) shall
be given to the nearest surviving relative of a deceased senior citizen which amount shall
be subject to adjustments due to inflation in accordance with the guidelines to be issued
by the DSWD.1avvphi1

"In the availment of the privileges mentioned above, the senior citizen, or his/her duly
authorized representative, may submit as proof of his/her entitled thereto any of the
following:

"(1) an identification card issued by the Office of the Senior Citizen Affairs
(OSCA) of the place where the senior citizen resides: Provided, That the
identification card issued by the particular OSCA shall be honored
nationwide;

"(2) the passport of the senior citizen concerned; and

44
 "(3) other documents that establish that the senior citizen is a citizen of the
Republic and is at least sixty (60) years of age as further provided in the
implementing rules and regulations.

"In the purchase of goods and services which are on promotional discount, the senior
citizen can avail of the promotional discount or the discount provided herein, whichever
is higher.

"The establishment may claim the discounts granted under subsections (a) and (c) of this
section as tax deduction based on the cost of the goods sold or services rendered:
Provided, That the cost of the discount shall be allowed as deduction from gross income
for the same taxable year that the discount is granted: Provided, further, That the total
amount of the claimed tax deduction net of VAT, if applicable, shall be included in their
gross sales receipts for tax purposes and shall be subject to proper documentation and
to the provisions of the National Internal Revenue Code (NICR), as amended."

Section 5. Section 5 of the same Act, as amended, is hereby further amended to read as
follows:

"SEC. 5. Government Assistance. - The government shall provide the following:

"(a) Employment

"Senior citizens who have the capacity and desire to work, or be re-employed, shall be
provided information and matching services to enable them to be productive members of
society. Terms of employment shall conform with the provisions of the Labor Code, as
amended, and other laws, rules and regulations.

"Private entities that will employ senior citizens as employees, upon the effectivity of this
Act, shall be entitled to an additional deduction from their gross income, equivalent to
fifteen percent (15%) of the total amount paid as salaries and wages to senior citizens,
subject to the provision of Section 34 of the NIRC, as amended: Provided, however, That
such employment shall continue for a period of at least six (6) months: Provided, further,

45
That the annual income of the senior citizen does not exceed the latest poverty threshold
as determined by the National Statistical Coordination Board (NSCB) of the National
Economic and Development Authority (NEDA) for that year.

"The Department of Labor and Employment (DOLE), in coordination with other

government agencies such as, but not limited to, the Technology and Livelihood
Resource Center (TLRC) and the Department of Trade and Industry (DTI), shall assess,
design and implement training programs that will provide skills and welfare or livelihood
support for senior citizens.

"(b) Education

"The Department of Education (DepED), the Technical Education and Skills Development
Authority (TESDA) and the Commission on Higher Education (CHED), in consultation
with nongovernmental organizations (NGOs) and people's organizations (POs) for senior
citizens, shall institute programs that will ensure access to formal and nonformal
education.

"(c) Health

"The DOH, in coordination with local government units (LGUs), NGOs and POs for senior
citizens, shall institute a national health program and shall provide an integrated health
service for senior citizens. It shall train community-based health workers among senior
citizens and health personnel to specialize in the geriatric care and health problems of
senior citizens.

"The national health program for senior citizens shall, among others, be harmonized with
the National Prevention of Blindness Program of the DOH.

"Throughout the country, there shall be established a "senior citizens' ward" in every
government hospital. This geriatric ward shall be for the exclusive use of senior citizens
who are in need of hospital confinement by reason of their health conditions. However,
when urgency of public necessity purposes so require, such geriatric ward may be used

46
for emergency purposes, after which, such "senior citizens' ward" shall be reverted to its
nature as geriatric ward.

"(d) Social Services

"At least fifty percent (50%) discount shall be granted on the consumption of electricity,
water, and telephone by the senior citizens center and residential care/group homes that
are government-run or non-stock, non-profit domestic corporation organized and
operated primarily for the purpose of promoting the well-being of abandoned, neglected,
unattached, or homeless senior citizens, subject to the guidelines formulated by the
DSWD.

"(1) "self and social enhancement services" which provide senior citizens
opportunities for socializing, organizing, creative expression, and self-
improvement;

"(2) "after care and follow-up services" for citizens who are discharged from
the homes or institutions for the aged, especially those who have problems
of reintegration with family and community, wherein both the senior citizens
and their families are provided with counseling;

"(3) "neighborhood support services" wherein the community or family

members provide caregiving services to their frail, sick, or bedridden senior
citizens; and

"(4) "substitute family care " in the form of residential care or group homes
for the abandoned, neglected, unattached or homeless senior citizens and
those incapable of self-care.

"(e) Housing

"The national government shall include in its national shelter program the special housing
needs of senior citizens, such as establishment of housing units for the elderly.

47
"(f) Access to Public Transport

"The Department of Transportation and Communications (DOTC) shall develop a

program to assist senior citizens to fully gain access to public transport facilities.

"(g) Incentive for Foster Care

"The government shall provide incentives to individuals or nongovernmental institution

caring for or establishing homes, residential communities or retirement villages solely for,
senior citizens, as follows:

"(1) realty tax holiday for the first five (5) years starting from the first year of
operation; and

"(2) priority in the construction or maintenance of provincial or municipal

roads leading to the aforesaid home, residential community or retirement
village.

"(h) Additional Government Assistance

"(1) Social Pension

"Indigent senior citizens shall be entitled to a monthly stipend amounting to

Five hundred pesos (Php500.00) to augment the daily subsistence and
other medical needs of senior citizens, subject to a review every two (2)
years by Congress, in consultation with the DSWD.

"(2) Mandatory PhilHealth Coverage

"All indigent senior citizens shall be covered by the national health

insurance program of PhilHealth. The LGUs where the indigent senior
citizens resides shall allocate the necessary funds to ensure the enrollment
of their indigent senior citizens in accordance with the pertinent laws and
regulations.

48
 "(3) Social Safety Nets

"Social safety assistance intended to cushion the effects of economics shocks, disasters
and calamities shall be available for senior citizens. The social safety assistance which
shall include, but not limited to, food, medicines, and financial assistance for domicile
repair, shall be sourced from the disaster/calamity funds of LGUs where the senior
citizens reside, subject to the guidelimes to be issued by the DSWD."

Section 6. Section 6 of the same Act, as amended, is heeby further amended to read as
follows:

SEC. 6. The Office for Senior Citizens Affairs (OSCA). - There shall be established in all
cities and municipalities an OSCA to be headed by a senior citizen who shall be appointed
by the mayor for a term of three (3) years without reappointment but without prejudice to
an extension if exigency so requires. Said appointee shall be chosen from a list of three
(3) nominees as recommended by a general assembly of senior citizens organizations in
the city or municipality.

"The head of the OSCA shall be appointed to serve the interest of senior citizens and
shall not be removed or replaced except for reasons of death permanent disability or
ineffective performance of his duties to the detriment of fellow senior citizens.

"The head of the OSCA shall be entitled to receive an honorarium of an amount at least
equivalent to Salary Grade 10 to be approved by the LGU concerned.

"The head of the OSCA shall be assisted by the City Social Welfare and Development
officer or by the Municipal Social Welfare and Development Officer, in coordination with
the Social Welfare and Development Office.

"The Office of the Mayor shall exercise supervision over the OSCA relative to their plans,
activities and programs for senior citizens. The OSCA shall work together and establish
linkages with accredited NGOs Pos and the barangays in their respective areas.

"The OSCA shall have the following functions:

49
 "(a) To plan, implement and monitor yearly work programs in pursuance of
the objectives of this Act;

"(b) To draw up a list of available and required services which can be

provided by the senior citizens;

"(c) To maintain and regularly update on a quarterly basis the list of senior
citizens and to issue national individual identification cards, free of charge,
which shall be valid anywhere in the country;

"(d) To serve as a general information and liason center for senior citizens;

"(e) To monitor compliance of the provisions of this Act particularly the grant
of special discounts and privileges to senior citizens;

"(f) To report to the mayor, any individual, establishments, business entity,

institutions or agency found violating any provision of this Act; and

"(g) To assist the senior citizens in filing complaints or charges against any
individual, establishments, business entity, institution, or agency refusing to
comply with the privileges under this Act before the Department of Justice
(DOJ), the Provincial Prosecutor's Office, the regional or the municipal trial
court, the municipal trial court in cities, or the municipal circuit trial court."

Section 7. Section 10 of the same Act, as amended, is hereby further amended to read
as follows:

"SEC. 10. Penalties. - Any person who refuses to honor the senior citizen card issued by
this the government or violates any provision of this Act shall suffer the following penalties:

"(a) For the first violation, imprisonment of not less than two (2) years but
not more than six (6) years and a fine of not less than Fifty thousand pesos
(Php50,000.00) but not exceeding One hundred thousand pesos
(Php100,000.00);

50
 "(b) For any subsequent violation, imprisonment of not less than two (2)
years but not more than six (6) years and a fine of not less than One
Hundred thousand pesos (Php100,000.00) but not exceeding Two hundred
thousand pesos (Php200,000.00); and

"(c) Any person who abuses the privileges granted herein shall be punished
with imprisonment of not less than six (6) months and a fine of not less than
Fifty thousand pesos (Php50,000.00) but not more than One hundred
thousand pesos (Php100,000.00).

"If the offender is a corporation, partnership, organization or any similar entity, the officials
thereof directly involved such as the president, general manager, managing partner, or
such other officer charged with the management of the business affairs shall be liable
therefor.

"If the offender is an alien or a foreigner, he/she shall be deported immediately after
service of sentence.

"Upon filing of an appropriate complaint, and after due notice and hearing, the proper
authorities may also cause the cancellation or revocation of the business permit, permit
to operate, franchise and other similar privileges granted to any person, establishment or
business entity that fails to abide by the provisions of this Act."

Section 8. Section 11 of the same Act, as amended, is hereby further amended to read
as follows:

"SEC. 11. Monitoring and Coordinating Mechanism. - A National Coordinating and

Monitoring Board shall be established which shall be composed of the following:

"(a) Chairperson - the Secretary of the DSWD or an authorized

representative;

"(b) Vice Chairperson - the Secretary of the Department of the Interior and
Local Government (DILG) or an authorized representative; and

51
 "(c) Members:

"(1) the Secretary of the DOJ or an authorized representative;

"(2) the Secretary of the DOH or an authorized representative;

"(3) the Secretary of the DTI or an authorized representative; and

(4) representatives from five (5) NGOs for senior citizens which are
duly accredited by the DSWD and have service primarily for senior
citizens. Representatives of NGOs shall serve a period of tree (3)
years.

"The Board may call on other government agencies, NGOs and Pos to serve as resource
persons as the need arises. Resource person have no right to vote in the National
Coordinating and Monitoring Board."

Section 9. Implementing Rules and Regulations. - Within sixty (60) days from
theeffectivity of this Act, the Secretary of the DSWD shall formulate and adopt
amendments to the existing rules and regulations implementing Republic Act No. 7432,
as amended by Republic Act No. 9257, to carry out the objectives of this Act, in
consultation with the Department of Finance, the Department of Tourism, the Housing
and Urban Development Coordinating Council (HUDCC), the DOLE, the DOJ, the DILG,
the DTI, the DOH, the DOTC, the NEDA, the DepED, the TESDA, the CHED, and five (5)
NGOs or POs for the senior citizens duly accredited by the DSWD. The guidelines
pursuant to Section 4(a)(i) shall be established by the DOH within sixty (60) days upon
the effectivity of this Act.

Section 10. Appropriations. - The Necessary appropriations for the operation and
maintenance of the OSCA shall be appropriated and approved by the LGUs concerned.
For national government agencies, the requirements to implement the provisions of this
Act shall be included in their respective budgets: Provided, That the funds to be used for
the national health program and for the vaccination of senior citizens in the first year of

52
the DOH and thereafter, as a line item under the under the DOH budget in the subsequent
General Appropriations Act (GAA): Provided, further, That the monthly social pension for
indigent senior citizens in the first year of implementation shall be added to the regular
appropriations of the DSWD budget in the subsequent GAA.

Section 11. Repealing Clause. - All law, executive orders, rules and regulations or any
part hereof inconsistent herewith are deemed repealed or modified accordingly.

Section 12. Separability Clause. - If any part or provision of this Act shall be declared
unconstitutional and invalid, such 18 declaration shall not invalidate other parts thereof
which shall remain in full force and effect.

Section 13. Effectivity. - This Act shall take effect fifteen (15) days its complete
publication n the Official Gazette or in at least two (2) newspapers of general circulation,
whichever comes earlier.

53
IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9994, ALSO
KNOWN AS THE "EXPANDED SENIOR CITIZENS ACT OF 2010," AN ACT
GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR CITIZENS,
FURTHER AMENDING REPUBLIC ACT NO. 7432 OF 1992 AS AMENDED BY
REPUBLIC ACT NO. 9257 OF 2003

RULE I
TITLE, PURPOSE AND CONSTRUCTION

Article 1. Title. - These Rules shall be known and cited as the Implementing Rules and
Regulations of Republic Act No. 9994, otherwise known as the "Expanded Senior Citizens
Act of 2010."

Article 2. Purpose. - Pursuant to Section 9 of RA No. 9994 (hereinafter referred to as the

Act), these Rules and Regulations are promulgated to prescribe the procedures and
guidelines for its implementation, in order to facilitate compliance with the Act and to
achieve its objectives.

Article 3. Construction. - These Rules shall be construed and applied in accordance with
and in furtherance of the policies and objectives of the law. In case of conflict or ambiguity,
the same shall be construed liberally and in favor of the senior citizens.

RULE II
DECLARATION OF POLICIES AND OBJECTIVES

Article 4. Declaration of Policies and Objectives. -

Section 1. As provided in the Constitution of the Philippines:

a) It is the declared policy of the State to promote a just and dynamic social order
that will ensure the prosperity and independence of the nation and free the people
from poverty through policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of life for all.

54
 b) It is further declared that the State shall promote social justice in all phases of
national development and values the dignity of every human person and
guarantees full respect for human rights.

c) In all matters relating to the care, health, and benefits of the elderly, the State
shall adopt an integrated and comprehensive approach to health development
which shall endeavor to make essential goods, health and other social services
available to all people at affordable costs giving priority for the needs of the
underprivileged sick, elderly, disabled, women and children.

d) Further, it is declared that though the family has the duty to take care for its
elderly members, the State may also help through just programs of social security.

Section 2. Consonant with these constitutional policies and RA 9994, these Rules shall
serve the following objectives:

a) To recognize the rights of senior citizens to take their proper place in society
and make them a concern of the family, community, and government;

b) To give full support to the improvement of the total well-being of the elderly and
their full participation as an integral part of Philippine society;

c) To motivate and encourage the senior citizens to contribute to nation building;

d) To encourage their families and the communities they live in to reaffirm and
apply the valued Filipino traditions of caring for the senior citizens;

e) To provide a comprehensive health care and rehabilitation system for senior

citizens with disability to foster their capacity to attain a more meaningful and
productive ageing; and

f) To recognize the important role of the private and the non-government sector in
the improvement of the welfare of senior citizens and to actively seek their
partnership.

55
Section 3. In conformity with these objectives, these Rules shall:

a) Establish mechanisms whereby the contributions of the senior citizens are

maximized;

b) Adopt measures whereby our senior citizens are assisted and appreciated by
the community as a whole;

c) Establish programs beneficial to the senior citizens, their families and the rest
of the community that they serve; and

d) Establish community-based health and rehabilitation programs in every political

unit of society.

RULE III
DEFINITION OF TERMS

Article 5. Definition of Terms. - For purposes of these Rules, the terms are defined as
follows:

5.1 SENIOR CITEZEN OR ELDERLY - refers to any Filipino citizen who is a resident of
the Philippines, and who is sixty (60) years old or above. It may apply to senior citizens
with "dual citizenship" status provided they prove their Filipino citizenship and have at
least six (6) months residency in the Philippines.

5.2 BENEFACTOR - refers to any person whether related or not to the senior citizen who
provides care or who gives any form of assistance to him/her, and on whom the senior
citizen is dependent on for primary care and material support, as certified by the City or
Municipal Social Welfare and Development Officer (C/MSWDO).

5.3 GERIATRICS - refers to the branch of medical science devoted to the study,
management and treatment of the biological and physical changes, and the diseases of
old age.

56
5.4 GERONTOLOGY - is the scientific study of the biological, psychological, and
sociological phenomena associated with old age and ageing and in determining answers
about the normal aging process rather than the diseases of old age. It is also the scientific
study of the processes of aging from many disciplines, including social work,
anthropology, biology, history, sociology, psychology, and demography.

5.5 IDENTIFICATION DOCUMENT - refers to any document or proof of being a senior

citizen which may be used for the availment of benefits and privileges under the Act and
its Rules. It shall be any of the following:

a) Senior Citizens' Identification Card issued by the Office of Senior Citizens Affairs
(OSCA) in the city or municipality where the elderly resides;

b) The Philippine passport of the elderly person or senior citizen concerned; and

c) Other valid documents that establish the senior citizen or elderly person as a
citizen of the Republic and at least sixty (60) years of age, which shall include but
not be limited to the following government-issued identification documents
indicating an elderly's birthdate or age: driver's license, voters ID, SSS/GSIS ID,
PRC card, postal ID.

5.6 LODGING ESTABLISHMENT - refers to a building, edifice, structure, apartment, or

house including tourist inn, apartelle, motorist hotel, and pension house engaged in
catering, leasing, or providing facilities to transients, tourists, or travelers, duly licensed
with business permit and/or franchised by the national government agencies or the local
government units.

5.7 HOTEL/HOSTEL - refers to an establishment whose building, edifice or premises,

including a completely independent part thereof such as cottages, cabanas, or huts, are
used for the regular reception, accommodation or lodging of travelers, tourists, or
vacationers, and provides other services incidental thereto for a fee;

57
5.8 RESTAURANT - refers to any establishment duly licensed and with business permits
issued by the local government units, offering to the public, regular and special meals or
menu, fast food, cooked food and short orders. Such eating-places may also serve coffee,
beverages and drinks. This covers Quick-Service Restaurants or QSRs, Casual Dining
and Fine Dining Restaurants as defined below:

a) QUICK SERVICE RESTAURANTS, or fast-food chains, refer to restaurants

with multiple branches that have menu boards where food item choices are listed.
Customers place their orders with the cashier and pay right after their orders are
taken.

b) CASUAL and FINE DINING RESTAURANTS - are restaurants where

customers are seated first before their food orders are taken by waiters. They are
served at their tables and pay only after they have consumed their meals.

5.9 MEDICINES - refer to prescription and non-prescription/over-the-counter drugs, both

generic and branded, including vitamins and mineral supplements medically prescribed
by the elderly's physician, and approved by the Department of Health (DOH) and the Food
and Drug Administration (FDA), which are intended for use in the diagnosis, cure,
mitigation, treatment or prevention of human disease or sickness. It does not include food,
devices or their components, parts, or accessories.

5.10 MEDICAL SERVICES - refer to public and private hospital services, professional
services of physicians and other health care professionals, and diagnostic and laboratory
tests that are requested by a physician as necessary for the diagnosis and/or treatment
of an illness or injury.

5.11 DENTAL SERVICES - refer to oral examination, cleaning, permanent and

temporary filling, extractions and gum treatments, restoration, replacement or
repositioning of teeth, or alteration of the alveolar or periodontium process of the maxilla
and the mandible that are necessary for the diagnosis and/or treatment of a dental illness
or injury.

58
5.12 DIAGNOSTIC AND LABORATORY TESTS - refers to diagnostic examinations that
are necessary for the diagnosis and/or treatment of an illness and injury, including but not
limited to X-ray, CT scans, ECG, 2D Echo, gastroenterology, blood chemistry exams,
histopathology and immunopathology, hematology, urine analysis, parasitology and
bacteriology test, and serology.

5.13 OFFICE FOR SENIOR CITIZENS AFFAIRS (OSCA) - refers to the office
established in cities and municipalities under the Office of the Mayor headed by a senior
citizen.

5.14 NON_GOVERNMENTAL ORGANIZATION or NGO - refers to any private entity,

which is non-profit and voluntary in nature dedicated to the promotion, enhancement and
support of the welfare of senior citizens, duly registered with any regulatory body.

For purposes of the Act and its Rules, an ACCREDITED NGO refers to any private non-
stock non-profit organization, regional or national in scope, mainly providing services for
senior citizens, duly registered with the Securities and Exchange Commission (SEC),
Cooperative Development Authority (CDA), or any appropriate government regulatory
body and registered or licensed with, and with programs accredited by, the Department
of Social Welfare and Development (DSWD).

5.15 PEOPLE'S ORGANIZATION or PO - refers to a type of social welfare and

development association with a bonafide membership, an identifiable leadership and an
organizational structure that has demonstrated its capacity to promote the public interest
and engage in social welfare and development activities. As part of the civil society
movement, it is composed of a specific population or sector, like the senior citizens, and
seeks to represent the interest of its members.

5.16 SENIOR CITIZENS CENTER - refers to the place established by Republic Act No.
7876 or the Senior Citizens Center Act, with recreational, educational, health and social
programs and facilities designed for the full enjoyment and benefit of the senior citizens
in the city or municipality accredited by the DSWD. It can be any available structure, a

59
spacious room in a private or public building, a room attached to a community center, a
barangay hall or chapel.

5.17 RETIREMENT VILLAGE - refers to an independent-living facility, often with

continuing-care amenities. It refers to a residential community offering separate or
autonomous houses for residents. It is a retirement habitat with a multi-residence housing
facility that is planned, designed and geared towards people who no longer work and are
restricted to a certain age. It has particular conveniences catering to the wishes and
desires of retirees, which may include services such as clubhouses, swimming pools, arts
and crafts, boating, walking trails, golf courses, active adult retail and on-site medical
services.

5.18 GROUP HOMES - refer to a community-based alternative living arrangement to

institutional care. It can be a transit home for a definite period for neglected older persons
while the necessary services of locating relatives and care management is ongoing. It
envisions responding to the needs of the senior citizens who have been abandoned, have
no families to return to or to whose family reunification is not suitable, and are assessed
to be needing group living experience. The program enables a minimum of 6 and a
maximum of 10 clients discharged from a residential care facility to live together and
manage their group living activities with minimal supervision from the agency social
worker.

5.19 FOSTER CARE - refer to a social work intervention which provides for a planned
substitute or alternative family care by a licensed foster family to a neglected, abandoned,
unattached and poor older person.

5.20 RESIDENTIAL CARE FACILITY - refers to facility which provides twenty-four (24)
hour residential care services operated primarily for the purpose of promoting the well-
being of abandoned, neglected, unattached or homeless senior citizens. The facility may
be run by government or non-stock non-profit organization and is accredited by the
DSWD to serve a minimum of 10 clients.

60
5.21 AFTER CARE SERVICES - refer to the provision of interventions, approaches, and
strategies with the end goal of ensuring effective reintegration of older persons
discharged from residential facilities.

5.22 BASIC NECESSITIES - refer to rice, corn, bread, fresh, dried and canned fish and
other marine products, fresh pork, beef and poultry, meat, fresh eggs, fresh and
processed milk, fresh vegetables, root crops, coffee, sugar, cooking oil, salt, laundry
soap, detergents, and drugs classified as essential by the DOH and other commodities
as maybe classified by the Department of Trade and Industry (DTI) and the Department
of Agriculture (DA) according to Republic Act No. 7581 or the Price Act.

5.23 PRIME COMMODITIES - refer to fresh fruits, flour, dried, processed and canned
pork, beef and poultry, meat, dairy products not falling under basic necessities; noodles,
onions, garlic, and all drugs not classified as essential drugs by the DOH and other
commodities that may be classified by the DTI and the DA according to Republic Act No.
7581 or The Price Act.

5.24 NEAREST SURVIVING RELATIVE - refers to the closest person related to the
deceased senior citizen by blood or affinity, such as the legal spouse who survives the
deceased senior citizen: Provided, That where no spouse survives the decedent, this
shall be limited to relatives in the following order of degree of kinship: children, parents,
siblings, grandchildren, uncles and aunts.

5.25 HOME HEALTH CARE SERVICE - refers to health or supportive care provided to
the senior citizen patient at home by TESDA-certified caregivers or licensed health care
professionals to include, but not limited to, physicians, nurses, midwives, and physical
therapists.

5.26 INDIGENT SENIOR CITIZEN - refers to any elderly who is frail, sickly, or with
disability, and without pension or regular source of income, compensation or financial
assistance from his/her relatives to support his/her basic needs, as determined by the
DSWD in consultation with the National Coordinating and Monitoring Board (NCMB).

61
 RULE IV
PRIVILEGES FOR THE SENIOR CITIZENS

Article 6. OSCA-issued Senior Citizens' Identification Card. - For the availment of

benefits and privileges under the Act and these Rules, the senior citizen, or his/her duly
authorized representative, shall present as proof of eligibility, a valid and original Senior
Citizens' Identification Card issued by the Head of the Office of Senior Citizens Affairs
(OSCA) of the place where the senior citizen resides, and which shall be honored
nationwide.

Article 7. Twenty Percent (20%) Discount and VAT Exemption - The senior citizens shall
be entitled to the grant of twenty percent (20%) discount and to an exemption from the
value-added tax (VAT), IF APPLICABLE, on the sale of the goods and services covered
by Section 1 to 6 of this Article, from all establishments for the exclusive use and
enjoyment or availment of senior citizens.

For this purpose, the Department of Finance (DOF) through the Bureau of Internal
Revenue (BIR) shall come up with the appropriate Revenue Regulations on the 20%
senior citizens discount and VAT exemption within thirty (30) days from effectivity of these
Rules that shall cover among others, new invoicing procedures, reportorial requirements,
and a system for claiming tax deductions.

Section 1. MEDICAL_RELATED PRIVILEGES

(a) MEDICINE AND DRUG PURCHASES - The 20% discount and VAT exemption
shall apply to the purchase of generic or branded medicines and drugs by or for
senior citizens, including the purchase of influenza and pneumococcal vaccines.
The 20% discount and VAT exemption shall also be granted to the purchase of
vitamins and mineral supplements which are medically prescribed by an attending
physician for prevention and treatment of diseases, illness, or injury.

(b) ESSENTIAL MEDICAL SUPPLIES, ACCESSORIES AND EQUIPMENT - The

20% discount and VAT exemption privilege shall also apply to the purchase of

62
eyeglasses, hearing aids, dentures, prosthetics, artificial bone replacements like
steel, walkers, crutches, wheelchairs whether manual or electric-powered,
canes/quad canes, geriatric diapers, and other essential medical supplies,
accessories and equipment by or for senior citizens.

The purchase under Sections 1 (a) and (b) from drug stores, hospital pharmacies,
medical and optical clinics and similar establishments including non-traditional
outlets dispensing medicines, shall be subject to guidelines that shall be issued by
the DOH within thirty (30) days from effectivity of these Rules, in coordination with
the Food and Drug Administration (FDA) and the Philippine Health Insurance
Corporation (PHILHEALTH). Said guidelines shall also indicate what constitutes
discounted essential medical supplies, accessories and equipment as
contemplated by Section 1 (b), and will be subjected to a regular review as deemed
necessary in keeping with the changes, demands and needs of senior citizens.

The guidelines issued by the DOH, in consultation with the DOF and the BIR, shall
also establish mechanisms of compulsory rebates in the sharing of burden of
discounts among retailers, manufacturers and distributors, taking into
consideration their respective margins. When necessary, the DOF and the BIR
shall come up with the appropriate Revenue Regulations for this purpose.

(c) MEDICAL AND DENTAL SERVICES IN THE PRIVATE FACILITIES - Medical

and dental services, diagnostic and laboratory tests such as but not limited to X-
Rays, computerized tomography scans, and blood tests, that are requested by a
physician as necessary for the diagnosis and/or treatment of an illness or injury
are subjected to the 20% discount and VAT exemption.

(d) PROFESSIONAL FEES OF ATTENDING PHYSICIAN/S in all private

hospitals, medical facilities, outpatient clinics and home health care facilities shall
be subjected to the 20% discount and VAT exemption.

(e) PROFESSIONAL FEES OF LICENSED HEALTH WORKERS PROVIDING

HOME HEALTH CARE SERVICES as endorsed by private hospitals or employed

63
 through home health care employment agencies are entitled to the 20% discount
and VAT exemption. The burden of the discount shall be borne solely by the
employment agency given the health worker's very minimal share compared to the
agency fee.

Section 2. DOMESTIC TRANSPORTATION PRIVILEGES

The Department of Transportation and Communication (DOTC), in coordination with the

Maritime Industry Authority (MARINA), Philippine Ports Authority (PPA), the Civil
Aeronautics Board (CAB), Light Rail Transit Authority (LRTA), Philippine National
Railways (PNR), Mass Rail Transit Authority (MRTA) and Land Transportation
Franchising and Regulatory Board (LTFRB), shall within thirty (30) days from effectivity
of these Rules issue the necessary circulars or directives on the following transportation
privileges of senior citizens:

(a) AIR AND SEA TRANSPORTATION PRIVILEGES - Fare for domestic air, and
sea travel, including \f0 advanced booking, shall be subject to the 20% discount
and VAT exemption, if applicable.

(b) PUBLIC LAND TRANSPORTATION PRIVILEGES - Fare in the public

railways including LRT, MRT, and PNR, fares in buses (PUB), jeepneys (PUJ), taxi
and shuttle services (AUV), are likewise subject to the 20% discount and VAT
exemption, if applicable.

Section 3. HOTELS, RESTAURANTS, RECREATIONAL CENTERS, AND PLACES OF

LEISURES, AND FUNERAL SERVICES

The Department of Interior and Local Government (DILG) and Department of Tourism
(DOT) shall, within thirty (30) days from effectivity of these Rules, issue the necessary
circulars or directives to establishments for its implementation to ensure compliance
herewith.

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(a) HOTELS AND SIMILAR LODGING ESTABLISHMENTS - The discount shall
be for room accommodation and other amenities offered by the establishment such
as but not limited to hotel-based parlors and barbershops, restaurants, massage
parlor, spa, sauna bath, aromatherapy rooms, workout gyms, swimming pools,
Jacuzzis, ktv bars, internet facilities, food, drinks and other services offered. The
term "hotel" shall include beach and mountain resorts,

(b) RESTAURANTS - The discount shall be for the purchase of food, drinks,
dessert, and other consumable items served by the establishments offered for the
consumption of the general public.

(c) For Dine-in services under paragraphs (a) and (b) of Section 3, and Section 4,
paragraph 2 of Article 7, the privilege must be personally availed of by the senior
citizen as defined under these Rules, and no proxies or authorization in favor of
another person who is not a senior citizen will be honored.

(d) Consistent with the intent of the Act, the phrase "exclusive use and enjoyment"
of the senior citizen shall mean "for the senior citizen's personal consumption" only.
As such, the 20% senior citizen discount shall not apply to "children's meals" which
are primarily prepared and intentionally marketed for children. Similarly, the 20%
senior citizen discount shall not apply to "pre-contracted" party packages or bulk
orders.

(e) Food, drinks and other consumable items provided in Section 3 (a) and (b), and
Section 4, paragraph 2 of Article 7 purchased by the senior citizen shall be
processed separately as an independent transaction from his/her non-eligible
companions to ensure that it is for his/her exclusive consumption and to enable
computation of the 205 discount and the exemption from the Value Added Tax
(VAT), which only the senior citizen is entitled to.

However, if the group of diners is composed entirely of senior citizens, all of whom
present valid senior citizens IDs, each shall be entitled to a 20% discount and
exemption from Value Added Tax.

65
 (f) The 20% discount shall apply to Take-Out/Take-Home/Drive-Thru orders as
long as it is the senior citizen himself/herself who is present and personally
ordering, and he/she can show a valid senior citizen ID card.

(g) For Delivery Orders, the 20% discount shall likewise apply subject to certain
conditions; i.e. senior citizen ID card number must be given while making the order
over the telephone; the senior citizen ID card must also be presented upon delivery
to verify the identity of the senior citizen entitled to the 20% discount.

(h) For the above-mentioned transactions under paragraphs (f) and (g) of Section
3 of Article 7, the Most Expensive Meal Combination (MEMC) shall apply to food
purchases by senior citizens. The MEMC is an amount corresponding to the
combination of the most expensive and biggest single-serving meal with beverage
served in a quick service restaurant, is deemed flexible and is adjusted accordingly
by food establishments to estimate a single food purchase for an individual senior
citizen.

Section 4. RECREATION CENTERS - The discount shall be for the utilization of services
in the form of fees, charges and rental for sport facilities or equipment, including golfcart
rentals and green fees, or venues for ballroom dancing, yoga, badminton courts, bowling
lanes, table or lawn tennis, workout gyms, martial arts facilities.

Non-profit, stock golf and country clubs which are not open to the general public, and are
private and for exclusive membership only as duly proven by their official Securities and
Exchange (SEC) registration papers, are not mandated to give the 20% senior citizens
discount. However, should restaurants and food establishments inside these country
clubs be independent concessionaires and food sold are not consumable items under
club membership dues, they must grant the 20% senior citizen discount.

Section 5. ADMISSION FEES PRIVILEGE - The discount shall be applied to admission

fees charged by theaters, cinema houses and concert halls, circuses, carnivals, and other
similar places of culture, leisure and amusement such as museums and parks.

66
Section 6. FUNERAL AND BURIAL SERVICES - The beneficiary or any person who
shall shoulder the funeral and burial expenses of the deceased senior citizen, shall claim
the discount under this Rule for the deceased senior citizen upon presentation of the
death certificate. Such expenses shall cover the purchase of casket or urn, embalming,
hospital morgue, transport of the body to intended burial site in the place of origin, but
shall exclude obituary publication and the cost of the memorial lot.

Article 8. CREDIT CARD PAYMENTS - The 20% discount and VAT exemption shall also
apply to purchases of goods and services by senior citizens paying through credit cards.

Article 9. NO DOUBLE DISCOUNTS - In the purchase of goods and services which are
on promotional discount, the senior citizen can avail of the establishment's offered
discount or the 20% discount provided herein, whichever is higher and more favorable.

In cases where the senior citizen is also a person with disability (PWD) entitled to a 20%
discount under his/her valid PWD identification card (ID), the senior citizen shall use either
his/her OSCA-issued ID card or PWD ID card to avail of the 20% discount.

Article 10. TAX DEDUCTION - The establishment may claim the discounts provided
herein as tax deductions based on the cost of the goods sold or services rendered:
Provided. That the cost of the discount shall be allowed as deduction from the gross
income for the same taxable year that the discount is granted: Provides, further, That the
total amount of the claimed tax deduction net of VAT, if applicable, shall be included in
their gross sales receipts for tax purposes and shall be subject to proper documentation
and to the provisions of the National Internal Revenue Code (NIRC), as amended.

For this purpose, the Department of Finance (DOF) through the Bureau of Internal
Revenue (BIR) shall come up with the appropriate Revenue Regulations on the 20%
senior citizens discount and VAT exemption within thirty (30) days from effectivity of these
Rules.

Article 11. OTHER PRIVILEGES

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Section 1. INCOME TAX EXEMPTION - The senior citizen shall be entitled to exemption
from the payment of the individual income tax, provided he/she is considered to be
minimum wage earner in accordance with Republic Act No. 9504.

Section 2. EXEMPTION FROM TRAINING FEES - The senior citizen shall be exempted
from training fees for socio-economic programs conducted by private and government
agencies subject to the guidelines to be issued within thirty (30) days from effectivity of
these Rules by the DTI, the Department of Labor and Employment (DOLE), the DA, the
Technical Education and Skills Development Authority (TESDA) and the Department of
Science and Technology - Technology Resource Center (DOST-TRC).

Section 3. FREE MEDICAL AND DENTAL SERVICES IN GOVERNMENT FACILITIES -

Medical and dental services, diagnostic and laboratory tests requested by the physician
such as but not limited to X-rays, computerized tomography scans, and blood tests
availed of by senior citizens, including professional fees of attending doctors in all
government hospitals, medical facilities, outpatient clinics, and home health care
services, shall be provided free of charge to senior citizens. These shall be in accordance
with the rules and regulation to be issued by the DOH, in coordination with the
PHILHEALTH.

Section 4. FREE VACCINATION FOR INDIGENT SENIOR CITIZENS - The DOH shall,
subject to technical and operational guidelines which it shall issue not later than thirty (30)
days from effectivity of these Rules, administer free vaccinations against the influenza
virus and pneumococcal disease for indigent senior citizen patients. Neglected,
abandoned, unattached or homeless senior citizens in government-run residential
homes, centers and facilities shall likewise be entitled to free vaccinations under these
Rules.

The DOH shall enjoin all government and private hospitals, as well as other health
facilities to post, publish or print out a schedule of health benefits and privileges i.e.,
laboratory and diagnostic test fees, which should be regularly updated. These postings
and publications shall be clearly identified in the guidelines.

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Section 5. EDUCATIONAL PRIVILEGES - Educational assistance shall be granted to
senior citizens to pursue post secondary, post tertiary, as well as vocational or technical
education in both public and private schools through provision of scholarships, grants,
financial aid, subsidies and other incentives to qualified senior citizens, including support
for books, learning materials, and uniform allowance, to the extent feasible: Provided, that
senior citizens shall meet minimum admission requirements.

Section 6. BENEFITS AND PRIVILEGES FOR RETIREES - To the extent practicable

and feasible, the senior citizen shall be granted the continuance of the same benefits and
privileges given by the Government Service Insurance System (GSIS), Social Security
System (SSS) and PAG-IBIG, as the case may be, as are enjoyed by those in active
service.

Retirement benefits of retirees from both the government and the private sector shall be
regularly reviewed every year to ensure their continuing responsiveness and
sustainability, and to the extent practicable and feasible, shall be upgraded to be at par
with the current scale enjoyed by those in actual service based on National Economic
and Development Authority (NEDA) poverty threshold per region as determined by the
National Statistical Coordination Board (NSCB).

Section 7. PRIVILEGES ON GRANTING SPECIAL DISCOUNTS IN SPECIAL

PROGRAMS - To the extent possible, the government may grant special discounts in
special programs for senior citizens on purchase of basic necessities and prime
commodities, subject to the guidelines to be issued for the purpose by the DTI and the
DA within (30) days from effectivity of these Rules. Provided, That such special programs
and their guidelines shall be developed by the concerned department within the
concerned department's jurisdiction.

Section 8. EXPRESS LANES PRIVILEGES - Accessible express lanes for senior

citizens shall be provided in all private, banking, commercial, and government
establishments; in the absence thereof, priority shall be given to them.

Article 12. UTILITY DISCOUNTS

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Section 1. Five (5%) Discount - The grant of a minimum of five percent (5%) discount
relative to the monthly utilization of water and electricity by households with senior
citizens; Provided, That the individual meters for the foregoing utilities are registered in
the name of the senior citizen residing therein: provided, further, that the monthly
consumption does not exceed one hundred kilowatt hours (100 kWh) of electricity and
thirty cubic meters (30m') of water: Provided, furthermore, that the privilege is granted per
household regardless of the number of senior citizens residing therein.

To avail of the discount under this Section, the senior citizen shall:

1. Apply for the discount personally or thru a representative. There shall be annual
renewal of application to the utility provider.

2. Submit requirements.

a. Proof of age and citizenship

b. Proof of billing. Meter registration should be in the name of the senior

citizen for a period of one year

c. Proof of residence

Section 2. Fifty (50%) Discount - The grant of a 50% discount an all electricity, water,
telephone consumption for DSWD-accredited senior citizens centers and residential care
institutions or group homes that are government-run or organized and operated by non-
stock, non-profit domestic corporations, primarily for the purpose of promoting the well-
being of abandoned, neglected, unattached or homeless senior citizens.

Such senior citizens centers and residential care or group homes must have been in
operation for at least six (6) months and must have a separate meter for said
utilities/services.

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Section 3. DSWD shall issue the necessary guidelines within (30) days from effectivity
of these Rules for the accredited senior citizens centers and residential/group homes
willing to avail of the utility discount.

The Energy Regulatory Commission (ERC), the Metropolitan Waterworks and Sewerage
System (MWSS), the Local Water Utility Administration (LWUA) and other concerned
utility-regulatory agencies shall, within six (6) months after the effectivity of these Rules,
formulate supplemental guidelines to cover recovery rate mechanics and/or sharing of
burden, among other concern of the distribution utilities.

RULE V
GOVERNMENT ASSISTANCE

Article 13. EMPLOYMENT

Section 1. Senior citizens, who have the capacity and desire to work, or to be re-
employed, shall be provided by the DOLE, in coordination with other government
agencies including local government units, with information and matching services to
enable them to be productive members of society. Terms of employment shall conform
to the provisions of the Labor Code, as amended, Civil Service Laws and other laws, rules
and regulations.

Section 2. Private entities that shall employ senior citizens as employees upon effectivity
of the Act, shall be entitled to an additional deduction from their gross Income, equivalent
to fifteen percent (15%) of the total amount paid as salaries and wages to senior citizens
subject to the provision of Section 34 of the National Internal Revenue Code (NIRC), as
amended and the Revenue Regulations to be issued by the BIR and approved by the
DOF; Provided, however, That such employment shall continue for a period of at least six
(6) months; Provided, further, That the net annual income of the senior citizen does not
exceed the poverty level for that year as determined by NEDA thru the NSCB.

Section 3. The DOLE, in coordination with other government agencies, such as, but not
limited to, the DOST-Technology Resource Center (DOST-TRC) and the DTI, shall

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assess, design and implement training programs that will provide free of charge to senior
citizens the appropriate skills development, livelihood training programs, and welfare or
livelihood support.

Article 14. EDUCATION

The Department of Education (DepEd), the DOST-TRC, the Technical Education and
Skills Development Authority (TESDA), and the Commission on Higher Education
(CHED), in consultation with non-governmental (NGOs) and people's organizations (POs)
for senior citizens, shall institute a program that will ensure access of senior citizens to
formal and non-formal education. They are to:

a) Formulate and implement relevant and effective course designs and educational
programs;

b) Conduct the necessary training for the implementation of the appropriate

curriculum for the purpose;

c) Ensure the availability of the needed-educational facilities in the form of modular

programs and other distance and alternative learning materials;

d) In coordination with OSCA and the City or Municipal Social Welfare and
Development Officer, shall conduct assessment and profiling of senior citizens who
wanted to study; and

e) Conduct continuing research and development program for the necessary and
relevant education of the senior citizens.

Article 15. HEALTH

Section 1. The DOH, in coordination with local government units (LGUs), NGOs and POs
for senior citizens, shall institute a national health program that shall incorporate the
National Prevention of Blindness Program, and shall also provide an integrated health
service for senior citizens.

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It shall train community-based health workers including barangay health workers, among
senior citizens and health personnel to specialize in geriatric care, gerontology, and
health problems of senior citizens.

Section 2. The National Health Program aims to promote healthy and productive older
population through the following:

a) Establishment and provision of a comprehensive and integrated health service

package catering to the specific needs of the citizens;

b) Human resource development/capacity building of health personnel in relation

to the care and health problems of senior citizens;

c) Health promotion;

d) Conduct of researches and study in geriatric care, gerontology, and health

needs of senior citizens;

e) In coordination with the municipal health worker, designate one (1) barangay
health worker to attend to senior citizens' health needs;

f) The barangay, in coordination with local office health office shall designate one
day of every month specifically for medical attention of senior citizens;

g) Establishment of senior citizens' ward in every government hospital and in all

levels of hospitals throughout the country; and

h) Provision of accessible express lanes, or prioritization, in all health facilities.

Section 3. Provide technical assistance in coordination with DSWD, NGOs and other
concerned agencies to local government units in the establishment of community based
health rehabilitation programs.

Article 16. SOCIAL SERVICES

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The DSWD, in cooperation with the OSCA and the local government units, non-
governmental organizations and people'' organizations for senior citizens, shall develop
and implement programs and social services for senior citizens. Local government units
shall ensure that the developed programs and social services are provided. The
components of these programs are:

a) Self and social enhancement services which provide senior citizens

opportunities for socializing, organizing, creative expression, and improvement of
self;

b) After care services for senior citizens who are discharged from the
homes/institutions for the aged, especially those who have problems of
reintegration with family and community, wherein both the senior citizens and their
families are provided with counseling;

c) Neighborhood support services/home care wherein the community or family

members provide caregiving services to their frail, sick, or bedridden senior
citizens; and

d) Substitute family care in the form of residential care, group homes, or foster
homes for the abandoned, neglected, unattached or homeless senior citizens and
those incapable of self-care.

e) Inclusion of community-based settings as practicum for academic institutions

and in the curriculum of caregiving and technical vocational schools.

Article 17. HOUSING

The national government shall include in its national shelter program the special housing
needs of senior citizens, such as establishment of housing units for the elderly.

Section 1. The Housing and Land Use Regulatory Board (HLURB) shall formulate
housing rules on how to develop subdivision suitable to the requirements of male and
female senior citizens. The Home Development Mutual Fund (HDMF) shall promote the

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establishment of elderly residence and shall review its existing circulars particularly the
limitation of the age requirements of sixty-five (65) years old at the date of the loan
application and seventy (70) years old at loan maturity. It shall also consider the concept
of pension in lieu compensation.

Section 2. The housing program for the poor senior citizens which include the
establishment/donation of group/foster homes for the neglected, abused and unattached
or homeless senior citizens and those incapable of self-care including its management,
maintenance and operations shall be established in accordance with EO 105, approving
and directing the implementation of the program, "Provision of Group/Foster Home for
Neglected, Abandoned, Abused, Unattached and Poor Older Persons and Persons with
Disabilities" promulgated on May 16, 2002.

Article 18. ACCESS TO PUBLIC TRANSPORT

The DOTC and its attached agencies and sectoral officers shall improve the
implementation or programs to assist senior citizens to fully gain access in the use of
public transport facilities. The minimum requirements and standards to make
transportation facilities and utilities for public use accessible to senior citizens shall be
developed to enhance the mobility of senior citizens. There shall be strict implementation
of courtesy space and seats for the exclusive use of senior citizens in all transport system.
As far as practicable, PUVs shall also strive to install safe lower stepping boards.

Article 19. INCENTIVE FOR FOSTER CARE

The DILG through the local government units, in consultation with the DOF and the BIR
which shall provide the necessary guidelines, shall provide incentives to persons or NGO
institutions implementing foster care programs for senior citizens, as follows:

(a) reality tax holiday for the first five (5) years starting from the first year of
operation and/or implementation of foster care program; and

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 (b) priority in the construction, or maintenance of provincial or municipal roads
leading to the aforesaid home, residential community or retirement village.

Article 20. ADDITIONAL GOVERNMENT ASSISTANCE

Section 1. SOCIAL PENSION - Pursuant to the eligibility criteria as may be determined

by the DSWD, indigent senior citizens shall be entitled to a monthly stipend amounting to
Five hundred pesos (Php 500.00) to augment the daily subsistence and other medical
needs of senior citizens. The grant of social pension shall be subject to a review every
two (2) years by Congress, in consultation with the DSWD within three months after
convening the Congress.

The DSWD, in consultation with the Department of Budget and Management (DBM), the
DILG, the NCMB, NGOs, and people's organizations shall formulate guidelines within
thirty (30) days from effectivity of these Rules for the development of criteria, selection of,
and establishment of database for indigent senior citizens focusing on targeting, delivery,
monitoring and evaluation, to facilitate implementation of this additional government
assistance.

Section 2. MANDATORY PHILHEALTH COVERAGE - All indigent senior citizens shall

be covered by the national health insurance program of PHILHEALTH. The local
government units where the indigent senior citizens reside shall allocate the necessary
funds to ensure the enrollment and lifetime coverage of their indigent senior citizens, in
accordance with the pertinent laws and regulations.

Section 3. SOCIAL SAFETY NETS - Social safety assistance intended to cushion the
effects of economic shocks; disasters and calamities shall be available for senior citizens.
The social safety assistance which shall include, but not limited to, food, medicines, and
financial assistance for domicile repair, shall be sourced from the disaster/calamity funds
of local government units where the senior citizens reside, subject to the guidelines to be
issued by the DSWD in coordination with DILG.

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Section 4. DEATH BENEFIT ASSISTANCE - Death benefit assistance of a minimum of
Two thousand pesos (Php 2, 000.00) shall be given to the nearest surviving relative who
took care of the deceased senior citizens reside, subject to the guidelines to be issued by
the DSWD and DILG.

In keeping with the intention of the law and similar government assistance being granted,
this benefit shall apply in relation to deceased indigent senior citizens only. However, it
will not preclude LGUs already granting burial assistance to continue giving such benefit
to non-indigent senior citizens.

RULE VI
THE OFFICE FOR SENIOR CITIZENS AFFAIRS (OSCA)

Article 21. Office of Senior Citizens Affairs - There shall be established in all cities and
municipalities an Office for Senior Citizens Affairs (OSCA).

Section 1. OSCA Head - The senior citizen to be appointed by the City or Municipal
Mayor as OSCA Head should have the following qualifications:

a) A Filipino citizen and resident of the municipality or city for at least one (1) year;

b) A registered voter of the concerned city or municipality;

c) Able to read and write;

d) Must be physically and mentally capable of performing the tasks of OSCA Head;

e) A bonafide member of a duly registered senior citizens organization which has

a track record of at least three consecutive years;

f) Good moral character; and

g) At least a high school graduate

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Section 2. Selection and Term of OSCA Head. - The OSCA Head shall be chosen from
a list of three (3) nominees as recommended by a general assembly of DSWD- accredited
or LGU-registered senior citizens organizations in the city or municipality. He/she shall
appointed by the mayor for a term of three (3) years without reappointment but without
prejudice to an extension not exceeding three (3) months, if exigency so requires.

The OSCA Head shall be appointed to serve the interest of senior citizens and shall not
be removed or replaced except for reasons of death, permanent disability, or ineffective
performance of his duties to the detriment of fellow senior citizens, as stated in a
resolution issued by the general assembly. In case of death or permanent disability, the
remaining term shall be served by the new reappointed if he/she has not served one-half
of the full term.

Section 3. Remuneration for Services Rendered. - The head of the OSCA shall be
entitled to received an honorarium of an amount equivalent to at least Salary Grade 10 to
be approved by the local government unit concerned.

For 3rd to 6th class local government units, their respective sanggunians may provide for
a reasonable and practicable remuneration for the OSCA Head.

Section 4. Functions of OSCA. - The office for Senior Citizens Affairs shall have the
following Functions:

a) In consultation with the City or Municipal Social Work and Development Officer
and duly registered senior citizen organizations, to plan, develop, implement,
consolidate, and monitor yearly work programs in pursuance of the objectives of
the Act and its Rules;

b) To draw up a list of available and required services which can be provided by

the registered federations and associations of senior citizens;

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 c) To maintain and regularly update on a quarterly basis the list of senior citizens
and to issue national uniform individual identification cards and purchase booklets,
free of charge, which shall be valid anywhere in the country;

d) To serve as a general information and liaison center the needs of the senior
citizens;

e) To monitor compliance of the provisions of the Act and its Rules particularly the
grant of special discounts and privileges to senior citizens;

f) To report to the Mayor, any person, natural or judicial; establishments, business,

entity, institution or agency found violating any provision of the Act and its Rules;

g) To facilitate the creation of a city or municipality coordinating and monitoring

board consisting of OSCA Head, the City or Municipal Social Work and
Development Officer and the presidents of concerned duly registered senior
citizens organizations to deliberate and act on the complaints;

h) To assist senior citizens in filling complaints or charges against any person,

natural or judicial; establishment, institution, or agency refusing to comply with the
privileges under the Act before the Department of Justice (DOJ), the Provincial
Prosecutor's Office, the regional or the municipal trial court, the municipal trial court
in cities, or the municipal circuit trial court;

i) To assist and coordinate with the concerned person, natural or judicial,

establishment, institution or agency in investigating fraudulent practices and
abuses of the discount and privileges exclusively granted to senior citizens ; and

j) To establish linkages and work together wit the accredited NGOs, people's
organizations, and the barangays in their respective areas.

Section 5. Operations and Maintenance of OSCA. - The necessary appropriation for the
operation and maintenance of the OSCA shall be provided by the local government units

79
concerned. An office space established at the Office of the Mayor shall likewise be
provided.

Section 6. Assistance and Supervision of OSCA. - The OSCA Head shall be assisted by
the City of the Municipal Social Welfare and Development Officer (C/MSWDO). The Office
of the Mayor shall exercise supervision over the OSCA relative to their plans, activities
and programs for senior citizens.

RULE VII
PENALTIES AND OTHER SANCTIONS

Article 22. Violations in Discounted Medicine Purchases - The following acts

concerning drug and medicine purchases are considered violative of the provisions of the
Act and its Rules:

Section 1. A senior Citizen or his /her representative or a person misusing the privileges
by:

a) using several purchase booklets,

b) availing of the discounts to buy medicines, drugs, medical accessories and

supplies not for the use of the senior citizen,

c) unauthorized use of the identification card of the senior citizen.

Section 2. A medical practitioner giving prescription to other persons in the name of the
senior citizen or giving anomalous prescription.

Section 3. Retailers and establishments dispensing medicines:

a) refusing to grant the full 20% senior citizens discount and VAT exemption on
drug and medicine purchases paid via credit card,

b) making a distinction between branded and generic drugs and medicines in

giving the 20% discount,

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 c) posting notices and signages telling customers that availment of the 20%
discount is limited to cash purchases only,

d) "limiting" of discountable drug and medicine purchases to certain weekdays

only, such that senior citizens cannot avail of the 20% discount on other days, and
e) restricting the purchase time or period for senior citizen discounts after a certain
hour.

Article 23. Violations in Discounted Food Purchases - The following acts concerning
food purchases are considered violative of the provisions of the Act and its Rules:

a) Pegging a maximum amount of food purchase subject to 20% discount and the
VAT exemption, and/ or posting of notice to that effect;

b) Refusal to grant the 20% discount and VAT exemption on take -out/ take home/
drive-thru orders it appearing that the purchase is for the exclusive use and
enjoyment of senior citizens;

c) Refusal to grant a 20% discount and VAT exemption on delivery orders it

appearing that the purchases is for the exclusive use and enjoyment of senior
citizens.

Article 24. PENALTIES - Any person who refuses to honor the senior citizen card or
violates any provision of the Act and its Rules shall suffer the following penalties:

Section 1. For the first violation, a fine of not less than Fifty thousand pesos (Php
50,000.00) but not exceeding One hundred thousand pesos (Php 100,000.00) and
imprisonment for not less than two (2) years but not more than six (6) years; and

Section 2. For any subsequent violation, a fine of not less than One hundred thousand
pesos (Php 100,000.00) but not exceeding Two hundred thousand pesos (Php
200,000.00) and imprisonment for not less than two (2) years but not more than six (6)
years.

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Section 3. Any person who abuses the privileges granted herein shall be punished with
a fine of not less than fifty thousand pesos (Php 50,000.00) but not more than One
hundred thousand pesos (Php 100,000.00) and imprisonment of not less than six (6)
months.

Section 4. If the offender is an alien or a foreigner, he/she shall be deported immediately

after service of sentence without further deportation proceedings.

Section 5. If the offender is a corporation, partnership, organization or any similar entity

the officials thereof directly involved such as the president, general manager, managing
partner, or such other officer charged with the management of the business affairs shall
be liable therefor.

Section 6. Upon filing of an appropriate complaint, and after due notice and hearing, the
proper authorities may also cause the cancellation or revocation of the business permit,
permit to operate, franchise and other similar privileges granted to any person,
establishment or business entity that fails to abide by the provisions of the Act and these
Rules.

RULE VIII
MONITORING AND COORDINATING MECHANISM

Article 25. Monitoring and Coordinating Mechanism. - An inter-agency coordinating

and monitoring mechanism at the national level shall be established which shall be called
the National Coordinating and Monitoring Board (NCMB) on the Expanded Senior
Citizens Act of 2010.

Section 1. NCMB Composition. - The National Coordinating and Monitoring Board shall
be composed of the following:

a) Chairperson - Secretary of the Department of Social Welfare and Development

(DSWD), or authorized representatives;

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 b) Vice-Chairperson - Secretary of the Department of the Interior and Local
Government (DILG), or authorized representatives;

c) Members: Secretaries or authorized representatives of the following:

1) Department of Justice (DOJ);

2) Department of Health (DOH);

3) Department of Trade and Industry (DTI); and

4) Representatives from five (5) accredited NGOs for senior citizens

The National Inter-Agency Coordinating and Monitoring Board may call on other
government agencies, NGOs and people's organizations to serve as resource persons
as the need arises. Resource persons have no voting rights at the Board.

Section 2. NGO/PO Representation. - The representatives from accredited NGOs and

people's organizations shall be senior citizens, or from other sectors that have services
primarily for senior citizens. These NGO representatives which shall be selected and
appointed by the Board shall serve for a period of three (3) years.

Section 3. Level of Representation. - The authorized representative to the National

Coordinating and Monitoring Board from the government agencies shall have a rank of
not lower than Director level or its equivalent, and for the NGOs, shall have a rank not
lower than an Executive Director.

Section 4. Functions. - The National Coordinating and Monitoring Board (NCMB) shall
have the following functions:

a) Formulate a National Plan of Action for Senior Citizens in coordination with

concerned government agencies and other stakeholders;

b) Develop an effective monitoring and reporting system towards an efficient,

consistent and uniform implementation of the law;

83
 c) Develop and institute effective and innovative approaches and methods with
which to address emerging concerns of the senior citizens;

d) Coordinate the programs and projects of government agencies with

responsibilities under RA No. 9994 and these Rules;

e) Coordinate the conduct of nationwide information, education campaign and

other advocacy activities on RA No. 9994;

f) Monitor the conduct of orientation, training and other capability building programs
to maximize the contributions and participation of senior citizens;

g) Coordinate the conduct and evaluation of the plan of action, research and
documentation of good practices and disparities for policy and program
development;

h) To actively establish national, regional and international networks for resource

generation and technical cooperation; and

i) Prepare yearly accomplishment report for the Office of the President, Congress,
and the concerned national government and local government units.

Section 5. Coordinating and Monitoring Body at the Regional Level. - There shall be
established in all regions a Regional Coordinating and Monitoring Board (RCMB) with
similar membership and functions as the National Board. As far as practicable, similar
bodies shall be established in the local government units.

Section 6. Secretariat. - The Department of Social Welfare and Development shall serve
as the Secretariat to the Board at the national and at the regional levels.

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 RULE IX
FINAL PROVISIONS

Article 26. Appropriations. - The appropriation necessary to implement the provisions

of the Act and its Rules shall be included in the respective budgets of the responsible
national government agencies subject to availability of funds. The heads of departments
and agencies as well as local chief executives concerned shall immediately include in
their annual appropriations the funding necessary to implement these programs and
services.

Section 1. The funds to be used for the national health program and for the vaccination
of indigent senior citizens in the first year of implementation shall be added to the regular
appropriations of the DOH and thereafter, as a line item under the DOH budget in the
subsequent General Appropriations Act (GAA) subject to availability of funds.

Section 2. The monthly social pension for indigent senior citizens in the first year of
implementation shall be added to the regular appropriations of the DSWD and thereafter
as a line item under the DSWD budget in the subsequent GAA subject to availability of
funds.

Section 3. The local government units concerned shall provide the necessary
appropriations for the operation and maintenance of the OSCA.

Article 27. Repealing Clause. - All laws, presidential decrees, executive orders and rules
and regulations or part thereof, contrary to, or inconsistent with the provisions of these
Rules, are hereby repealed or modified accordingly.

Article 28. Separability Clause. - Should any provision of the Rules be found
unconstitutional or invalid by a court of law, such provision shall be served from the
remainder of these Rules and such action shall not affect the enforceability of the
remaining provisions of these Rules.

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Article 29. Effectivity. - These Rules and Regulations shall take effect fifteen (15) days
after its complete publication in at least two (2) national newspapers of general circulation,
and submission to the Office of the National Administrative Register, Law Center,
University of the Philippines.

Signed June 18, 2010 at the Department of Social Welfare and Development, Batasan
Pambansa Complex, Constitution Hills, Quezon City.

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 REPUBLIC ACT. 7277

AN ACT PROVIDING FOR THE REHABILITATION, SELF-DEVELOPMENT AND

SELF-RELIANCE OF DISABLED PERSON AND THEIR INTEGRATION
INTO THE MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES.

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

Congress assembled:
TITLE ONE
GENERAL PROVISIONS
CHAPTER I
Basic Principle
SECTION 1. Title This Act shall be known and cited as the Magna Carta for
Disabled Persons’•.
SECTION 2. Declaration of Polity The grant of the rights and privileges for disabled
persons shall be guided by the following principles:
(a). Disabled persons are part of the Philippine society, thus the Senate 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 person’s 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 capability to attain a more meaningful, productive and satisfying life.

87
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.
SECTION 3. Coverage This Act shall covers all disabled persons and, to the extend
herein provided, departments, offices and agencies of the National Government or non-
government organization involved in the attainment of the objectives of this Act.
SECTION 4. Definition of Terms For purposes of this Act, these terms are defined as
follows:
(a). Disabled Persons are 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 considered normal for a human being;
(b). Impairment is any loss, diminution or aberration of psychological, physiological, or
anatomical structure of 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 functions or activity, that is considered
normal given the age and sex of the individual;

88
(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 tends to single out and exclude disabled persons and
which distort roles and interpersonal relationship;
(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) modification of work schedules, reassignment to a vacant position, acquisition or
modification of equipment or devices, appropriate adjustments or modifications of
examinations, training materials or company policies, rules and regulations, the
provisions 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 workshop providing special facilities, income producing projects or homework
schemes with a view to given 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

89
activities and who have no means of livelihood or whose incomes fall below 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 judgement 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 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 employer, employment agency, labor organization or joint
labor-management committee; and
(p). Commerce shall be taken to mean a s travel, trade, traffic, commerce, transportation,
or communication among the provinces or between any foreign country or any territory or
possession and any province.

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 TITLE TWO
RIGHTS AND PRIVILEGES OF DISABLED PERSONS
CHAPTER I
Employment
SECTION 5. Equal Opportunity for Employment No disabled
persons 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 Department 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.
SECTION 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.
SECTION 7. Apprenticeship Subject to the provision 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.
SECTION 8. Incentives for Employer (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

91
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 person 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 improved 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.
SECTION 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 potential 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 provisions 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 non-government organization 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.
SECTION 10. Vocational Guidance and Counselling The Department of Social
Welfare and Development shall implement measures providing and evaluating vocational
guidance and counselling to enable disabled persons to secure, retain and advance in
employment. It shall ensure the availability and training counsellors and other suitability
qualified staff responsible for the vocational guidance and counselling of disabled
persons.

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SECTION 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 Disabled Persons
(NCWDP), shall promulgate the rules and regulations necessary to implement the
provision under this Chapter.
CHAPTER 2 – Education
SECTION 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 institutions 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 education policies and program. 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, of
auxiliary services that will facilitate the learning process for disabled persons.
SECTION 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.
6728 shall be set aside for disabled students pursuing vocational or technical and degree
courses.
SECTION 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 type of exceptional children in all
regions of the country. Towards 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

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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.
SECTION 15. Vocational or Technical and Other Training Programs The State
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 program specifically designed for disabled persons taking into
consideration the nature of their handicap.
SECTION 16. Non-Formal Education The State shall develop nonformal 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.
SECTION 17. State Universities and Colleges If viable and needed, the State
Universities or State Colleges 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; and (c) the research on special problems, particularly of the visually-
impaired, hearing-impaired, and orthopedically-impaired students, mentally retarded, and
multi-handicapped and other, 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, hearingimpaired,
speech impaired, and orthopedically-impaired students. It shall likewise allocate the
necessary funds in support of the above.

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 CHAPTER 3
Health
SECTION 18. National Health Program The Department of Health, in coordination
with 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.
SECTION 19. Rehabilitation Centers The Department of Health shall establish
medical rehabilitation centers in government provincial hospitals, and shall include it
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.
SECTION 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 counselling; 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.

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 CHAPTER 4
Auxiliary Social Services
SECTION 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 communications skills;
(c). development among disabled persons of a positive self-image through the provision
of counselling, 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 therefore 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 the residential care
or rehabilitation center; and
(g). provision of day care services for disabled children of pre-school age.
CHAPTER 5 – Telecommunications
SECTION 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
program covering events of national significance.
SECTION 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.
SECTION 24. Free Postal Charges for the Disabled Postal charges shall be free on
the following:

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(a). article and literature 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
SECTION 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 government shall allocate funds for the provision of architectural or structural
features for disabled persons in government buildings and facilities.
SECTION 26. Mobility The State 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.
SECTION 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
supplementary to this Act.
SECTION 28. Implementing Rules and Regulations The Department of
Transportation and Communications shall formulate the rules and regulations necessary
to implement the provision of this Chapter.

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 CHAPTER 7
Political and Civil Rights
SECTION 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 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 the national or local
elections.
SECTION 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.
SECTION 31. Right to Organize The State recognize the rights 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. 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 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.

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 TITLE THREE
PROHIBITION ON DISCRIMINATION AGAINST DISABLED PERSONS
CHAPTER 1
Discrimination on Employment
SECTION 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 tests or other selection criteria that screen
out or tend to screen out a disabled person unless such standards, tests or other selection
criteria are shown to be jobrelated for the position on 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 discrimination of others who are subject to common administrative
control;
(d). Providing less compensation, such as salary, wage or other forms of remuneration
and fringe benefits, to a qualified disabled employee, by reason of his disability, than the
amount to which a non-disabled person performing the same work is entitled;
(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 involve to the prejudice of the business entities; Provided, however, That the
employer first sought provide reasonable accommodations for disabled persons;

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(h). Failing to select or administer in the effective manner employment tests 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 organization.
SECTION 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 my 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 accordance with this Act.
CHPTER 2
Discrimination on Transportation
SECTION 34. Public Transportation It shall be considered discrimination for the
franchises 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.

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 CHAPTER 3
Discrimination on the Use of Public
Accommodations and Services
SECTION 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.
SECTION 36. Discrimination on the Use of Public Accommodations
(a) No disabled persons 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:

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1). denying a disabled person, directly 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 disability, directly or through contractual, licensing, or other arrangement,
with a good, service, facility, advantages, privilege, or accommodation that is different or
separate from 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 purpose of this section, the term individuals or class 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, 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 Not withstanding 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.

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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 and goods, services, facilities, privileges, advantages, 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 modification are necessary to afford such goods, services, facilities, privileges,
advantages or accommodations to individuals with disabilities, unless the entity can
demonstrate that making such modification would fundamentally alter the nature of the
goods, facilities, services, privileges, advantages, or accommodations;
3). Failure to take steps as may be necessary to ensure that no individual with 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 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.
SECTION 37. Use of Government Recreational or Sports Centers
Free of Charge Recreational or sports centers owned or operated by the Governent
shall be used, free of charge, by marginalized disabled persons during their social, sports
or recreation activities.
SECTION 38. Implementing Rules and Regulations The Department of Public Works
and Highway shall formulate the rules and regulations necessary to implement the
provisions of this Chapter.

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 TITLE FOUR
FINAL PROVISIONS
SECTION 39. Housing Program The National Government shall take into
consideration in its national shelter programs the special housing requirement of disabled
persons.
SECTION 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 undertaking that shall enhance the health,
physical fitness and the economic and social well-being of disabled persons.
SECTION 41. Support From Non-government 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, program 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 individual in the provision of assistance to
disabled persons.
SECTION 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 form 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 deduction 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.

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(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 credits 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, impostand free.
SECTION 43. Continuity Clause Should any department or agency tasked with the
enforcement or formulation of rules and regulations and guidelines for implementation of
any provisions of this Act is abolished, merge 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.

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(b). In case of the department or agency tasked with the enforcement of 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.
SECTION 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 of practice of discrimination
under this Act; or
2). any person or group of persons has been discriminated against under this Act and
such discrimination raises and issue of general public importance, the Secretary of
Justice may commence a legal action in any appropriate court.
SECTION 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.
SECTION 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 (P 50,000.00) but not
exceeding One hundred thousand pesos(P 100,000.00) 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

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2). for any subsequent violation, a fine of not less than One hundred thousand pesos (P
100,000.00) but not exceeding Two hundred thousand pesos (P 200,000.00) or
imprisonment for 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 (P 5,000.00) but not more than Fifty thousand pesos (P 50,000.00), 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.
SECTION 47. Appropriations The amount necessary to carry out the provision of this
Act shall be included in the General Appropriation Act of the year following its enactment
into law and thereafter.
SECTION 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.
SECTION 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.
SECTION 50. Effectivity This Act shall take effect fifteen (15) days after its publication
in any two (2) newspaper of general circulation.

AN ACT AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE

“MAGNA CARTA FOR DISABLED PERSONS, AND FOR OTHER PURPOSES”
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

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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”, with new Sections 32 and 33, to read as follows:
“CHAPTER 8
Other Privileges and Incentives
“SEC. 32. Persons with disability shall be entitled to the following:
(a) At least twenty percent (20%) discount from all establishments relative to the utilization
of all services in hotels and similar lodging establishments; restaurants and recreation
centers for the exclusive use or enjoyment of persons with disability;
(b) A minimum of twenty percent (20%) discount on admission fees charged by theaters,
cinema houses, concert halls, circuses, carnivals and other similar places of culture,
leisure and amusement for the exclusive use of enjoyment of persons with disability;
(c) At least twenty percent (20%) discount for the purchase of medicines in all drugstores
for the exclusive use or enjoyment of persons with disability;
(d) At least twenty percent (20%) discount on medical and dental services including
diagnostic and laboratory fees such as, but not limited to, x-rays, computerized
tomography scans and blood tests, in all government facilities, subject to guidelines to be
issued by the Department of Health (DOH), in coordination with the Philippine Health
Insurance Corporation (PHILHEALTH);
(e) At least twenty percent (20%) discount on medical and dental services including
diagnostic and laboratory fees, and professional fees of attending doctors in all private
hospitals and medical facilities, in accordance with the rules and regulations to be issued
by the DOH, in coordination with the PHILHEALTH;
(f) At least twenty percent (20%) discount on fare for domestic air and sea travel for the
exclusive use or enjoyment of persons with disability;
(g) At least twenty percent (20%) discount in public railways, skyways and bus fare for
the exclusive use and enjoyment of person with disability;
(h) Educational assistance to persons with disability, for them to pursue primary,
secondary, tertiary, post tertiary, as well as vocational or technical education, in both
public and private schools, through the provision of scholarships, grants, financial aids,
subsidies and other incentives to qualified persons with disability, including support for

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books, learning material, and uniform allowance to the extent feasible: Provided, That
persons with disability shall meet minimum admission requirements;
(i) To the extent practicable and feasible, the continuance of the same benefits and
privileges given by the Government Service Insurance System (GSIS), Social Security
System (SSS), and PAG-IBIG, as the case may be, as are enjoyed by those in actual
service;
(j) To the extent possible, the government may grant special discounts in special
programs for persons with disability on purchase of basic commodities, subject to
guidelines to be issued for the purpose by the Department of Trade and Industry (DTI)
and the Department of Agricultural (DA); and
(k) Provision of express lanes for persons with disability in all commercial and government
establishments; in the absence thereof, priority shall be given to them.
The abovementioned privileges are available only to persons with disability who are
Filipino citizens upon submission of any of the following as proof of his/her entitlement
thereto:
(I) An identification card issued by the city or municipal mayor or the barangay captain of
the place where the persons with disability resides;
(II) The passport of the persons with disability concerned; or
(III) Transportation discount fare Identification Card (ID) issued by the National Council
for the Welfare of Disabled Persons (NCWDP).
The privileges may not be claimed if the persons with disability claims a higher discount
sa may be granted by the commercial establishment and/or under other existing laws or
in combination with other discount programs/s.
The establishments may claim the discounts granted in sub-sections (a), (b), (c), (f) and
(g) as tax deductions based on the net cost of the goods sold or services rendered:
Provided, further, That the total amount of the claimed tax deduction net of value-added
tax if applicable, shall be included in their gross sales receipts for tax purposes and shall
be subject to proper documentation and to the provisions of the National Internal Revenue
Code (NIRC), as amended.”
“SEC. 33. Incentives. – Those caring for and living with a person with disability shall be
granted the following incentives:

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(a) Persons with disability shall be treated as dependents under the Section 35 (A) of the
National Internal Revenue Code, as amended and as such, individual taxpayers caring
for them shall be accorded the privileges granted by the code insofar as having
dependents under the same section are concerned; and
(b) Individuals or nongovernmental institutions establishing homes, residential
communities or retirement villages solely to suit the needs and requirements of persons
with disability shall be accorded the following:
(i) Realty tax holiday for the first five years of operation; and
(ii) Priority in the building and/or maintenance of provincial or municipal roads leading to
the aforesaid home, residential community or retirement village.”
SEC. 2. Republic Act No. 7277 is hereby amended inserting a new title, chapter and
section after Section 38 be denominated as title 4, chapters 1 and 2 and Sections 40, 41
and 42 to read as follows:
TITLE FOUR
Prohibitions on Verbal, Non-verbal Ridicule
and Vilification Against Persons with Disability
CHAPTER 1
Deliverance from Public Ridicule
“SEC. 39. Public Ridicule. – For purposes of this chapter, public ridicule shall be defined
as an act of making fun or contemptuous imitating or making mockery of persons with
disability whether in writing, or in words, or in action due to their impairment/s.
“SEC. 40. No individual, group or community shall execute any of these acts of ridicule
against persons with disability in any time and place which could intimidate or result in
loss of self-esteem of the latter.
CHAPTER 2
Deliverance from Vilification
“SEC 41. Vilification. – For purposes of this Chapter, vilification shall be defined as:
(a) The utterance of slanderous and abusive statements against a person with disability;
and/or
(b) An activity in public which incites hatred towards, serious contempt for, or severe
ridicule of persons with disability.”

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“SEC. 42. Any individual, group or community is hereby prohibited from vilifying any
person with disability which could result into loss of self-esteem of the latter.”
SEC. 3. Section 46 of Republic Act No. 7277 is hereby amended to read as follows:
“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 months but not more than two 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 years but not more than six 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 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 therefore.
(d) If the violator is an alien or a foreigner, he shall be deported immediately after service
of sentence without further deportation proceedings.
Upon filing of an appropriate complaint, and after due notice and hearing, the proper
authorities may also cause the cancellation or revocation of the business permit, permit
to operate, franchise and other similar privileges granted to any business entity that fails
to abide by the provisions of this Act.”
SEC. 4. The title of Republic Act No. 7277 is hereby amended to read as the “Magna
Carta for Persons with Disability”, and all references on the said law to “Disabled persons”
shall likewise be amended to read as “persons with disability”.
SEC. 5. The Department of Social Welfare and Development, the National Council for the
Welfare of Disabled Persons, and the Bureau of Internal Revenue, in consultation with
the concerned Senate and House committees and other agencies, organizations,

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establishments shall formulate implementing rules and regulations pertinent to the
provision of this Act within six months after the effectivity of this Act.
SEC. 6. This Act shall take effect fifteen (15) days after its publication in any two
newspapers of general circulation.

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 REPUBLIC ACT NO. 10754

AN ACT EXPANDING THE BENEFITS AND PRIVILEGES OF PERSONS WITH

DISABILITY (PWD)

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

assembled:

SECTION 1. Section 32 of Republic Act No. 7277, as amended, otherwise known as the
“Magna Carta for Persons with Disability”, is hereby further amended to read as follows:

“SEC. 32. Persons with disability shall be entitled to:

“(a) At least twenty percent (20%) discount and exemption from the value-added tax
(VAT), if applicable, on the following sale of goods and services for the exclusive use and
enjoyment or availment of the PWD:

“(1) On the fees and charges relative to the utilization of all services in hotels and similar
lodging establishments; restaurants and recreation centers;

“(2) On admission fees charged by theaters, cinema houses, concert halls, circuses,
carnivals and other similar places of culture, leisure and amusement;

“(3) On the purchase of medicines in all drugstores;

“(4) On medical and dental services including diagnostic and laboratory fees such as, but
not limited to, x-rays, computerized tomography scans and blood tests, and professional
fees of attending doctors in all government facilities, subject to the guidelines to be issued
by the Department of Health (DOH), in coordination with the Philippine Health Insurance
Corporation (PhilHealth);

“(5) On medical and dental services including diagnostic and laboratory fees, and
professional fees of attending doctors in all private hospitals and medical facilities, in

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accordance with the rules and regulations to be issued by the DOH, in coordination with
the PhilHealth;

“(6) On fare for domestic air and sea travel;

“(7) On actual fare for land transportation travel such as, but not limited to, public utility
buses or jeepneys (PUBs/PUJs), taxis, asian utility vehicles (AUVs), shuttle services and
public railways, including light Rail Transit (LRT), Metro Rail Transit (MRT) and Philippine
National Railways (PNR); and

“(8) On funeral and burial services for the death of the PWD: Provided, That the
beneficiary or any person who shall shoulder the funeral and burial expenses of the
deceased PWD shall claim the discount under this rule for the deceased PWD upon
presentation of the death certificate. Such expenses shall cover the purchase of casket
or urn, embalming, hospital morgue, transport of the body to intended burial site in the
place of origin, but shall exclude obituary publication and the cost of the memorial lot.

“(b) Educational assistance to PWD, for them to pursue primary, secondary, tertiary, post
tertiary, as well as vocational or technical education, in both public and private schools,
through the provision of scholarships, grants, financial aids, subsidies and other
incentives to qualified PWD, including support for books, learning materials, and uniform
allowance to the extent feasible: Provided, That PWD shall meet the minimum admission
requirements;

“(c) To the extent practicable and feasible, the continuance of the same benefits and
privileges given by the Government Service Insurance System (GSIS), Social Security
System (SSS), and Pag-IBIG, as the case may be, as are enjoyed by those in actual
service;

“(d) To the extent possible, the government may grant special discounts in special
programs for PWD on purchase of basic commodities, subject to the guidelines to be
issued for the purpose by the Department of Trade and Industry (DTI) and the Department
of Agriculture (DA); and

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“(e) Provision of express lanes for PWD in all commercial and government
establishments; in the absence thereof, priority shall be given to them.

“The abovementioned privileges are available only to PWD who are Filipino citizens upon
submission of any of the following as proof of his/her entitlement thereto:

“(i) An identification card issued by the city or municipal mayor or the barangay captain of
the place where the PWD resides;

“(ii) The passport of the PWD concerned; or

“(iii) Transportation discount fare Identification Card (ID) issued by the National Council
for the Welfare of Disabled Persons (NCWDP).

“The privileges may not be claimed if the PWD claims a higher discount as may be
granted by the commercial establishment and/or under other existing laws or in
combination with other discount program/s.

“The establishments may claim the discounts granted in subsection (a), paragraphs (1),
(2), (3), (5), (6), (7), and (8) as tax deductions based on the net cost of the goods sold or
services rendered: Provided, however, That the cost of the discount shall be allowed as
deduction from the gross income for the same taxable year that the discount is
granted: Provided, further, That the total amount of the claimed tax deduction net of
value-added tax, if applicable, shall be included in their gross sales receipts for tax
purposes and shall be subject to proper documentation and to the provisions of the
National Internal Revenue Code (NIRC), as amended.”

SEC. 2. Section 33 of Republic Act No. 7277, as amended, is hereby further amended to
read as follows:

“SEC. 33. Incentives. – Those caring for and living with a PWD shall be granted the
following incentives:

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“(a) PWD, who are within the fourth civil degree of consanguinity or affinity to the taxpayer,
regardless of age, who are not gainfully employed and chiefly dependent upon the
taxpayer, shall be treated as dependents under Section 35(b) of the NIRC of
1997, as amended, and as such, individual taxpayers caring for them shall be accorded
the privileges granted by the Code insofar as having dependents under the same section
are concerned; and

“x x x.”

SEC. 3. Implementing Rules and Regulations, – The Department of Social Welfare and
Development (DSWD), in consultation with the Department of Health (DOH), the
Department of Finance (DOF), and the National Council on Disability Affairs (NCDA),
shall promulgate the necessary rules and regulations for the effective implementation of
the provisions of this Act: Provided, That the failure of the concerned agencies to
promulgate the said rules and regulations shall not prevent the implementation of this Act
upon its effectivity.

SEC. 4. Separability Clause. – If any provision of this Act is declared invalid or

unconstitutional, other provisions hereof which are not affected thereby shall remain in
full force and effect.

SEC. 5. Repealing Clause. – All laws, orders, decrees, rules and regulations, and other
parts thereof inconsistent with the provisions of this Act are hereby repealed, amended
or modified accordingly.

SEC. 6. Effectivity. – This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in two (2) newspapers of general circulation.

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 REPUBLIC ACT NO. 10070

AN ACT ESTABLISHING AN INSTITUTIONAL MECHANISM TO ENSURE THE

IMPLEMENTATION OF PROGRAMS AND SERVICES FOR PERSONS WITH
DISABILITIES IN EVERY PROVINCE, CITY AND MUNICIPALITY, AMENDING
REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE "MAGNA CARTA FOR
DISABLED PERSONS", AS AMENDED, AND FOR OTHER PURPOSES

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

Congress assembled:

SECTION 1. Section 40 of Republic Act No. 7277, as amended, is hereby further

amended to read as follows:

"Section 40. Role of National Agencies and Local Government Units. - (a) Local
government units shall promote the establishment of organizations of persons with
disabilities (PWDs) in their respective territorial jurisdictions. National agencies
and local government units may enter into joint ventures with organizations or
associations of PWDs to explore livelihood opportunities and other undertakings
that shall enhance the health, physical fitness and the economic and social well-
being of PWDs.

"(b) Local government units shall organize and establish the following:

"(1) Persons with Disability Affairs Office (PDAO)

"A PDAO shall be created in every province, city and municipality. The local chief
executive shall appoint a PWD affairs officer who shall manage and oversee the
operations of the office, pursuant to its mandate under this Act. Priority shall be given to
qualified PWDs to head and man the said office in carrying out the following functions:
"(i) Formulate and implement policies, plans and programs for the promotion of the
welfare of PWDs in coordination with concerned national and local government agencies;
"(ii) Coordinate the implementation of the provisions of this Act, Batas Pambansa Big.
344, otherwise known as the Accessibility Law, and other relevant laws at the local level;
"(iii) Represent PWDs in meetings of local development councils and other special bodies;

117
"(iv) Recommend and enjoin the participation of nongovernment organizations (NGOs)
and people's organizations (POs) in the implementation of all disability-related laws and
policies;
"(v) Gather and compile relevant data on PWDs in their localities; "(vi) Disseminate
information including, but not limited to, programs and activities for PWDs, statistics on
PWDs, including children with disability, and training and employment opportunities for
PWDs;
"(vii) Submit reports to the office of the local chief executive on the implementation of
programs and services for the promotion of the welfare of PWDs in their respective areas
of jurisdiction;
"(viii) Ensure that the policies, plans and programs for the promotion of the welfare of
PWDs are funded by both the national and local government;
"(ix) Monitor fundraising activities being conducted for the benefit of PWDs;
"(x) Seek donations in cash or in kind from local or foreign donors to implement an
approved work plan for PWDs, in accordance with existing laws and regulations; and
"(xi) Perform such other functions as may be necessary for the promotion and protection
of the welfare of the PWDs.
"(2) Focal person
"In consideration of budget restraints, local chief executives of fourth (4th), fifth (5th) and
sixth (6th) class municipalities may, in lieu of the creation of a PDAO, designate a focal
person who shall perform the functions of the PDAO. Priority in appointment should be
given to a PWD with experience in providing services to PWDs.
"The establishment of a PDAO or the appointment of a focal person, as the case may be,
should be done in consultation and coordination with the National Council on Disability
Affairs (NCDA), NGOs and POa."

SECTION 2. References to the term "Disabled Persons" on the title and other sections of
the same Act are hereby amended to read as "Persons with Disabilities (PWDs)."

SECTION 3. Within three (3) years after the effectivity of this Act, appropriate agencies,
headed by the Department of Social Welfare and Development (DSWD), in consultation
with the NCDA and relevant NGOs and POs, shall review its implementation and
recommend to Congress the need to mandate the establishment of a PDAO in fourth (4 th),
fifth (5th) and sixth (6th) class municipalities.

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SECTION 4. In order to effectively carry out the objectives of Republic Act No. 7277, the
National Government, through the DSWD, shall ensure that the annual budget includes
provisions to fund programs and provide support for PWDs.

Local government units shall likewise ensure that the necessary fund from any available
local revenues is allocated for the implementation of this Act for the benefit of PWDs in
their jurisdictions.

SECTION 5. 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.

SECTION 6. Separability Clause. - If any provision of this Act is declared unconstitutional,

the same shall not affect the validity and effectivity of the other provisions hereof.

SECTION 7. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
two (2) newspapers of general circulation or in the Official Gazette, whichever comes first.

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 REFERENCES

https://www.officialgazette.gov.ph/1997/10/29/republic-act-no-8371/

https://www.ncda.gov.ph/disability-laws/republic-acts/republic-act-7277/

https://lawphil.net/statutes/repacts/ra2010/ra_9994_2010.html#:~:text=5.16%20SE
NIOR%20CITIZENS%20CENTER%20%2D%20refers,municipality%20accredited%2
0by%20the%20DSWD.

https://www.ncda.gov.ph/disability-laws/republic-acts/republic-act-9442/

https://www.officialgazette.gov.ph/2016/03/23/republic-act-no-10754/

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