QuestionsQuestions (Republic Act No. 7277)
Section 2 declares that disabled persons are part of Philippine society; the State must support their well-being and integration into the mainstream through rehabilitation, self-development, and self-reliance; ensure they have the same rights as others; remove barriers (social, cultural, economic, environmental, attitudinal); expand rehabilitation beyond urban centers to community-based programs; and encourage partnerships, including with the private sector.
All disabled persons and, to the extent provided in the Act, the departments, offices, agencies of the National Government or non-government organizations involved in attaining the objectives of the Act.
It defines Disabled Persons as those with restriction/different abilities due to mental, physical, or sensory impairment to perform normal-range activities; Impairment as loss/diminution/aberration of psychological/physiological/anatomical structure or function; Disability as a substantial limitation of functions/activities, a record of such impairment, or being regarded as having it; and Handicap as the disadvantage resulting from impairment/disability that limits/prevents normal function given age and sex.
Rehabilitation is an integrated approach covering physical, social, cultural, spiritual, educational, and vocational measures that create conditions for a person to attain the highest possible level of functional ability.
Auxiliary Aids and Services include interpreters and effective delivery methods for hearing/visual impairments, acquisition/modification of equipment/devices, and similar services that facilitate learning. Reasonable Accommodation includes making existing facilities accessible/usable and modifications such as work schedules, reassignment, equipment modifications, examination/training adjustments, provision of auxiliary aids/services, and policy/rule modifications—geared to enable disabled persons to participate or perform essential functions.
No disabled person may be denied access to suitable employment; qualified disabled employees must receive the same terms, compensation, privileges, benefits, and incentives as qualified able-bodied persons. Also, 5% of all casual, emergency, and contractual positions in certain specified government departments/agencies engaged in social development are reserved for disabled persons.
Sheltered employment may be used if suitable employment cannot be found through open employment. Placement must accord due regard to the individual’s qualities, vocational goals, and inclinations to ensure a good working atmosphere and efficient production.
They are eligible as apprentices or learners subject to the Labor Code, provided their handicap does not effectively impede performance of job operations in the specific occupation for which they are hired; after apprenticeship, if found satisfactory, they become eligible for employment.
Employers employing disabled persons who meet required skills/qualifications (regular, apprentice, or learner) may take an additional deduction from gross income equivalent to 25% of total salaries and wages paid to disabled persons, with proof certified by DOLE and that the disabled employee is accredited by DOLE and DOH. Private entities that improve/modify physical facilities for reasonable accommodation may claim an additional deduction from net taxable income equivalent to 50% of direct costs of improvements/modifications (not applying if required under B.P. Blg. 344).
The State shall take appropriate vocational rehabilitation measures to develop skills and potentials and enable disabled persons to compete for employment. It must ensure vocational rehabilitation and livelihood services in rural areas and promote cooperation between government, NGOs, and private entities engaged in such activities. DSWD designs training programs; DOLE designs training programs for livelihood/labor market skills.
It is unlawful for any learning institution to deny a disabled person admission to any course it offers by reason of handicap or disability. The State must ensure access to quality education and consider special requirements (facilities, schedules, physical education, etc.), and promote auxiliary services that facilitate learning.
A complete, adequate, and integrated system of special education for visually impaired, hearing impaired, mentally retarded persons, and other exceptional children nationwide. DECS must establish special education classes in public schools in cities/municipalities and, where viable, establish Braille and Record Libraries in provinces/cities/municipalities; the National Government allocates funds and LGUs may provide counterpart funds.
Section 18 requires a national health program (prevention of disability, early recognition/diagnosis, early rehabilitation) implemented by DOH with the National Council for the Welfare of Disabled Persons. Section 19 mandates medical rehabilitation centers in government provincial hospitals and a program enabling marginalized disabled persons to avail free rehabilitation services. Section 20 protects the right to health and requires an integrated approach with essential health services, including prevention, early detection/intervention, medical treatment, and rehabilitation, plus field personnel specialization and capabilities for prosthetics/orthotics.
The State must ensure a barrier-free environment that enables access for disabled persons to public/private buildings and establishments and other places mentioned in B.P. Blg. 344 (Accessibility Law). National and local governments must allocate funds for architectural facilities/structural features in government buildings and facilities.
Disabled persons may be assisted by a person of their choice in voting; the assistant prepares the ballot inside the voting booth according to the voter’s instructions and signs an oath/undertaking not to reveal the contents. Violation constitutes an election offense.
It prohibits denying full and equal enjoyment of goods/services/facilities/privileges/advantages/accommodations of public accommodations based on disability. It includes denying opportunity to participate/benefit, providing unequal opportunities, or providing different/separate accommodations unless necessary to provide an opportunity that is as effective; it also includes failing to make reasonable modifications in policies/procedures, failing to provide auxiliary aids/services, and failing to remove architectural/communication barriers where readily achievable (or provide alternative readily achievable methods).
For the first violation: fine of not less than P50,000 nor more than P100,000 or imprisonment of not less than 6 months nor more than 2 years, or both. For subsequent violations: fine of P100,000 to P200,000 or imprisonment of 2 to 6 years, or both. Abuse of privileges: imprisonment at least 6 months or fine P5,000 to P50,000, or both. If a corporation/organization: officials directly involved are liable. If the violator is an alien/foreigner: immediate deportation after service of sentence without further deportation proceedings.