Title
Supreme Court
Amendments to Magna Carta for Persons with Disability
Law
Republic Act No. 9442
Decision Date
Apr 30, 2007
Republic Act No. 9442 enhances the rights of persons with disabilities by providing them with various discounts on services, medical care, and educational assistance, while also instituting penalties for public ridicule and vilification against them.

Law Summary

Incentives for Caregivers and Institutions Supporting Persons with Disability

  • PWDs considered dependents under Section 35(A) of the National Internal Revenue Code, granting related tax privileges to caregivers
  • Non-governmental institutions or individuals establishing homes, communities, or retirement villages for PWDs granted:
    • Realty tax holiday for the first five years
    • Priority in road building and maintenance leading to such facilities

Prohibition Against Public Ridicule of Persons with Disability

  • Public ridicule defined as mocking, imitating contemptuously, or making fun of PWDs through written, verbal, or physical acts
  • Ban on any ridicule acts that may intimidate or harm the self-esteem of PWDs

Prohibition Against Vilification of Persons with Disability

  • Vilification defined as public actions inciting hatred, contempt, or ridicule of PWDs
  • Prohibition of vilification to prevent loss of self-esteem of PWDs

Penalties for Violations of the Act

  • First violation: fine of P50,000 to P100,000 or imprisonment of 6 months to 2 years, or both
  • Subsequent violations: fine of P100,000 to P200,000 or imprisonment of 2 to 6 years, or both
  • Abuse of privileges: fine of P5,000 to P50,000 or imprisonment of not less than 6 months, or both
  • Liability extends to corporate officials involved
  • Deportation for alien violators after sentence
  • Possible cancellation or revocation of business permits or franchises of entities violating the law after notice and hearing

Amendments to Terminology and Implementation

  • Official terminology changed from "disabled persons" to "persons with disability"
  • Agencies involved: Department of Social Welfare and Development, NCWDP, Bureau of Internal Revenue, among others
  • These bodies tasked to formulate implementing rules and regulations within six months after effectivity

Effectivity and Enforcement Provisions

  • Act effective 15 days after publication in newspapers of general circulation
  • Provides framework for enforcement and compliance with proper authority oversight

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