Law Summary
Coverage and Definitions
- Covers all disabled persons and relevant government or non-government agencies.
- Disabled Persons: Individuals with mental, physical, or sensory impairments restricting normal activities.
- Impairment: Loss or abnormality in psychological, physiological, or anatomical function.
- Disability: Substantial limitation, record, or being regarded as having such impairment.
- Handicap: Disadvantage limiting normal function or activity.
- Rehabilitation: Integrated measures for achieving highest functional ability.
- Social Barriers: Institutional limitations and negative attitudes excluding disabled persons.
- Auxiliary Aids and Services: Special aids facilitating learning for disabled individuals.
- Reasonable Accommodation: Facility modifications, schedule adjustments, or provision of aids enabling disabled persons to work.
- Sheltered Employment: Specialized employment providing disabled persons opportunity to earn livelihood.
- Marginalized Disabled Persons: Those lacking access to services and below poverty threshold.
- Qualified Individual: Disabled person able to perform job functions with or without accommodations.
- Readily Achievable: Actions easily attainable without undue difficulty or expense.
- Public Transportation: Transport services on a regular basis by air, land, or sea.
- Covered Entity: Employers, labor organizations, and employment agencies.
- Commerce includes inter-provincial and international trade and travel.
Employment Rights and Provisions
- Equal employment opportunities; no denial based on disability.
- Qualified disabled employees have equal terms, compensation, and benefits.
- 5% of casual, emergency, and contractual government social service positions reserved for disabled persons.
- Sheltered employment provided when open employment is unsuitable.
- Apprenticeships allowed subject to ability not impeding performance; eligibility for employment after training.
- Private employers given income tax deductions for employing disabled persons and for facility modifications, except where legally required.
- State promotes vocational rehabilitation, skills development, and livelihood services.
- Coordination encouraged between government and NGOs in rehabilitation.
- DSWD and DOLE responsible for vocational training programs.
- Vocational guidance and counseling provided to secure and maintain employment.
- DOLE, DSWD, and National Council promulgate implementing rules.
Education Provisions
- Equal access to quality education with due consideration for special needs.
- Denial of admission based on disability is unlawful.
- Schools encouraged to provide auxiliary and special services.
- Financial aid for marginalized disabled students, including scholarships and loans.
- Establishment and support of special education system for visually, hearing impaired, mentally retarded and exceptional children.
- Public schools to have special education classes; libraries with Braille and audio materials supported.
- Vocational training and physical fitness programs tailored for disabled persons.
- Non-formal education programs developed for total human development.
- State universities and colleges responsible for research, training materials, and development of technical aids.
Health Provisions
- National health program targeting prevention, diagnosis, and early rehabilitation.
- Medical rehabilitation centers to be established at provincial hospitals.
- Free rehabilitation services for marginalized disabled persons.
- Comprehensive health services include immunization, nutrition, environmental protection, genetic counseling, early detection, and treatment.
- Field medical personnel trained and assigned to provide specialized care.
- Prosthetic and orthotic fitting capabilities ensured in field health units.
Auxiliary Social Services
- Programs providing prosthetic devices, communication skills training, positive self-image development, family care services, substitute family care, aftercare, and day care services.
- Managed by DSWD targeting marginalized disabled persons.
Telecommunications
- Encouragement for TV stations to provide sign-language or subtitles in daily newscasts.
- Telephone companies encouraged to provide devices for hearing-impaired communication.
- Free postal charges for disabled persons' articles, medical devices, and teaching aids, certified as marginalized.
Accessibility
- Goal of barrier-free environment ensuring access to public and private buildings.
- Government to allocate funds for architectural facilities.
- Disabled persons allowed to drive vehicles with appropriate adaptations subject to regulations.
- Subsidized transportation fares and programs facilitating access developed by DSWD.
- Accessibility Law considered supplementary.
- DOTr to formulate corresponding rules.
Political and Civil Rights
- Disabled voters may be assisted by a person of their choice, who must adhere to confidentiality and oath.
- Election polling places must be accessible.
- Right to assemble in public events recognized.
- Right to organize associations for welfare; government to provide technical and financial support.
- Disabled persons’ organizations encouraged to participate in planning government programs.
Prohibition on Discrimination
- Discrimination in employment prohibited including hiring, promotion, training, compensation, and termination.
- Specific discriminatory acts enumerated, such as unjustified exclusion, lower pay, denial of promotion, and exclusion from unions.
- Medical examination provisions upon employment offer with confidentiality safeguards.
- Discrimination in public transportation by fare or refusal prohibited.
- Discrimination in public accommodations prohibited; equal access and enjoyment of goods and services mandated.
- Actions considered discriminatory include denial, inferior services, separate accommodations without necessity, and failure to remove barriers or provide reasonable modifications.
- Free use of government recreational facilities for marginalized disabled persons.
- DPWH to formulate implementing rules.
Final Provisions
- Special housing requirements for disabled persons included in national shelter programs.
- Local governments encouraged to promote disabled persons’ organizations and joint ventures.
- NGOs encouraged as partners in implementing programs with governmental support.
- Tax incentives provided for donations and investments related to disabled persons' welfare.
- Continuity provisions ensure implementation despite changes in responsible agencies.
- Secretary of Justice authorized to investigate violations and initiate legal action.
- Courts empowered to grant equitable relief including accommodations and facility access.
- Penalties include fines and imprisonment for violations; harsher penalties for repeat offenses and abuse of privileges.
- Corporate officials held liable; deportation for alien violators.
- Appropriations included in General Appropriations Act.
- Severability clause for unconstitutional provisions.
- Repealing clause for inconsistent laws.
- Effectivity upon publication in newspapers after 15 days.