Title
IRR of RA 9442 on Disabilities~ Privileges
Law
Ncwdp
Decision Date
Jan 31, 2008
The Implementing Rules and Regulations (IRR) of Republic Act No. 9442 aims to grant persons with disabilities (PWDs) equal rights and privileges, including a 20% discount on basic services, while prohibiting ridicule and vilification against PWDs.

Questions (NCWDP)

Rule I identifies the document as the IRR of RA 9442 and states that its purpose is to prescribe procedures and guidelines for implementing RA 9442 to facilitate compliance and achieve the law’s objectives.

It instructs that the Rules shall be construed liberally and in favor of persons with disability in case of doubt, in accordance with the policies and objectives of the law.

The policies include full mainstream participation of persons with disability and at least 20% discount in all basic services; they have the same rights as other people, should live as freely and independently as possible, and rights must not be treated as welfare only. Prohibitions on ridicule/vilification must be observed at all times.

It refers to the discount privilege that can be availed only by persons with disability (not by non-PWD companions unless specifically allowed).

It follows the definition under Section 4 of RA 7277 (as amended): a person with restriction/different abilities due to mental, physical, or sensory impairment, substantially limiting normal activities; it also covers those with a record of impairment or those regarded as having such impairment.

At least 20% discount from all establishments relative to services in hotels and similar lodging establishments is granted, and it applies only to the person with disability (no discount to a companion without disability).

It requires orders to be limited to personal consumption by the person with disability; for groups, only the proportionate share of the persons with disability receives the discount; for banquet/catering, the discount applies only to customers with disability.

It covers charges for use of sports/recreational services, including rentals of facilities/equipment and accessories/gadgets, and also includes rooms/halls for PWD seminars, art workshops, and other PWD activities.

At least 20% discount for exclusive use and enjoyment of persons with disability. Drug stores, hospitals, pharmacies, clinics, and similar establishments must provide it subject to guidelines issued by DOH and PHILHEALTH.

A minimum of at least 20% discount on admission fees is granted for the exclusive use or enjoyment of persons with disability.

Both are at least 20% discounts, but in government facilities it applies to medical/dental services including diagnostic/lab fees in all government facilities subject to DOH guidelines in coordination with PHILHEALTH; in private facilities it applies to diagnostic/lab fees and professional fees in private hospitals/medical facilities subject to similar DOH-PhILHEALTH guidelines.

At least 20% discounts for domestic air and sea travel based on actual fare, except promotional fares. If promotional fare discount is higher than 20%, the PWD may choose the promotional fare and is no longer entitled to the 20% discount privilege.

At least 20% discounts in bus fares (ordinary, aircon) and public railways (LRT, MRT, PNR, etc.). Skyway and expressway toll fees are also subject to at least 20% discounts but can be availed only by a person with disability owning the vehicle.

Express lanes for persons with disability must be provided in all private, commercial, and government establishments; if absent, priority must be given in all transactions. LGUs must ensure implementation; government agencies and private establishments should have an assigned person and/or a desk manned by trained personnel to assist PWDs.

Either (1) an ID card issued by the city/municipal mayor or barangay captain where the PWD resides, (2) the PWD’s passport, or (3) a Transportation Discount Fare Identification Card (ID) issued by NCWDP (and, upon effectivity, NCWDP adopts the LGU-issued identification card design/specifications).

For the first violation: fine of not less than P50,000 but not more than P100,000 or imprisonment of not less than 6 months but not more than 2 years, or both. For subsequent violations: fine of not less than P100,000 but not more than P200,000 or imprisonment of not less than 2 years but not more than 6 years, or both.

Abuse of privileges is punishable by imprisonment of not less than 6 months or a fine of not less than P5,000 but not more than P50,000, or both, at the court’s discretion.

Public ridicule is defined as making fun, contemptuous imitation, or mockery of persons with disability due to impairment, in writing/words/action, including specific examples like degrading jokes and offensive imitation in public events. Vilification is defined as uttering slanderous and abusive statements about disability that humiliate, or public activities inciting hatred/serious contempt/severe ridicule. Both are prohibited when they could intimidate or result in loss of self-esteem.


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