Question & AnswerQ&A (Republic Act No. 7277)
Republic Act No. 7277 is known as the Magna Carta for Disabled Persons.
The State shall provide full support for the rehabilitation, self-development, and self-reliance of disabled persons and ensure their integration into mainstream society, recognizing their equal rights and promoting respect while removing barriers.
All disabled persons as defined by the Act and, to the extent provided, national government departments, offices, agencies, and non-government organizations involved in achieving the Act's objectives.
Disabled persons are those suffering from restriction or different abilities due to mental, physical, or sensory impairment that limit their performance of activities considered normal for a human being.
Reasonable accommodation refers to improvements or modifications such as accessible facilities, work schedule adjustments, reassignment, provision of auxiliary aids, and policy modifications to enable disabled persons to perform their job functions.
No disabled person shall be denied suitable employment opportunities. Five percent of casual, emergency, and contractual positions in certain government agencies are reserved for disabled persons, and those employed are entitled to equal compensation and benefits as able-bodied persons.
Private entities employing disabled persons may claim an additional deduction of 25% on total salaries and wages paid to them. Entities that modify physical facilities to accommodate disabled persons may claim a 50% deduction of the direct modification costs, subject to conditions and certification.
Disabled persons have the right to adequate access to quality education, cannot be denied admission due to disability, and learning institutions are encouraged to accommodate their special needs. Financial assistance and special education programs are also mandated.
For the first violation, a fine of P50,000 to P100,000 or imprisonment from 6 months to 2 years or both can be imposed. For subsequent violations, fines range from P100,000 to P200,000 or imprisonment from 2 to 6 years or both. Abuse of privileges granted under the Act carries imprisonment of at least 6 months or fines from P5,000 to P50,000 or both.
The Secretary of Justice is tasked with investigating violations, ensuring compliance, and may commence legal actions if there is reasonable cause to believe discrimination or violations have occurred.
The Act prohibits discrimination by transportation operators by charging higher fares or refusing to convey disabled persons and their devices and mandates programs to assist marginalized disabled persons' access and subsidize fares.
Disabled persons may be assisted by a person of their choice in voting, with the assistant bound under oath to follow the voter's instructions and maintain ballot secrecy. Polling places should be accessible during elections.
They include qualified interpreters, effective delivery methods for hearing or visually impaired individuals, acquisition or modification of equipment, and other aids that facilitate learning and communication for disabled persons.
It prohibits denying disabled persons access or providing them unequal or separate services, facilities, and accommodations unless necessary to provide equally effective alternatives. It also requires removal of barriers and provision of auxiliary aids to ensure full participation.
The State allows disabled persons to drive vehicles subject to guidelines by the Land Transportation Office, including necessary adaptations or modifications, and promotes access to public transport including subsidized fares for marginalized disabled persons.