Magna Carta for Disabled Persons

Policy and guiding principles

Section 2 declares that disabled persons are part of Philippine society and the State must give full support to their improvement and integration into the mainstream.
Section 2 requires the State to adopt policies ensuring rehabilitation, self-development, and self-reliance of disabled persons.
Section 2 provides that disabled persons must have the same rights as other people to take their proper place in society and should be able to live freely and as independently as possible.
Section 2 states that disabled persons’ rights must never be perceived as welfare services by the Government.
Section 2 makes rehabilitation a governmental concern to foster meaningful, productive, and satisfying life, and requires expanding rehabilitation services beyond traditional urban centers to community-based programs.
Section 2 encourages partnership with the private sector and advocates removing social, cultural, economic, environmental, and attitudinal barriers prejudicial to disabled persons.

Coverage and definitions

Section 3 provides that the Act covers all disabled persons and, to the extent provided, departments, offices, and agencies of the National Government or non-government organizations involved in attaining the objectives of the Act.
Section 4 defines “Disabled Persons” as those suffering from restriction or different abilities due to a mental, physical, or sensory impairment to perform an activity in the manner or within the range considered normal for a human being.
Section 4 defines “Impairment” as any loss, diminution, or aberration of psychological, physiological, or anatomical structure or function.
Section 4 defines “Disability” as: (1) a physical or mental impairment that substantially limits one or more psychological, physiological or anatomical function of an individual or activities of such individual; (2) a record of such an impairment; or (3) being regarded as having such an impairment.
Section 4 defines “Handicap” as a disadvantage resulting from an impairment or disability that limits or prevents function or activity considered normal given age and sex.
Section 4 defines “Rehabilitation” as an integrated approach to physical, social, cultural, spiritual, educational and vocational measures that create conditions to attain the highest possible level of functional ability.
Section 4 defines “Social Barriers” as legal, economic, cultural, recreational, or other characteristics of institutions and communities that limit full participation of disabled persons, including negative attitudes that single out and exclude disabled persons and distort roles and relationships.
Section 4 defines “Auxiliary Aids and Services” to include qualified interpreters, qualified readers, taped tests, equipment/device acquisition or modification, and similar aids and services that facilitate learning.
Section 4 defines “Reasonable Accommodation” to include accessible improvements of existing facilities and modifications of work schedules, reassignment to a vacant position, equipment/device acquisition or modification, examination/training/material adjustments, provision of auxiliary aids and services, and other similar accommodations.
Section 4 defines “Sheltered Employment” as productive work for disabled persons through workshops providing special facilities, income-producing projects, or homework schemes enabling them to earn a living and acquire capacity required in open industry.
Section 4 defines “Auxiliary Social Services” as supportive activities in delivering social services to marginalized sectors of society.
Section 4 defines “Marginalized Disabled Persons” as disabled persons who lack access to rehabilitative services and opportunities for full participation in socioeconomic activities and lack means of livelihood or have incomes below the poverty threshold.
Section 4 defines “Qualified Individual with a Disability” for employment as an individual with disability who can perform the essential functions of the employment position, with or without reasonable accommodations, with consideration of the employer’s judgment on essential functions and written job descriptions as evidence.
Section 4 defines “Readily Achievable” as a goal easily attained without much difficulty or expense, considering nature and cost, facility and covered entity financial resources, number of persons employed, effect on expenses and resources, impact on operation, and type/structure/functions and geographic separateness of the facilities.
Section 4 defines “Public Transportation” as transportation by air, land and sea providing general or special service on a regular and continuing basis.
Section 4 defines “Covered Entity” as an employer, employment agency, labor organization, or joint labor-management committee.
Section 4 defines “Commerce” as travel, trade, traffic, commerce, transportation, or communication among provinces or between any foreign country or territory or possession and any province.

Employment and vocational programs

Section 5 requires equal opportunity: no disabled person shall be denied access to opportunities for suitable employment.
Section 5 provides that a qualified disabled employee must be subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives, or allowances as a qualified able-bodied person.
Section 5 reserves five percent (5%) of all casual, emergency and contractual positions in the Departments of Social Welfare and Development; Health; Education, Culture and Sports; and other government agencies, offices or corporations engaged in social development for disabled persons.
Section 6 requires the State to endeavor to provide suitable employment through sheltered employment if suitable employment cannot be found through open employment under Section 5.
Section 6 requires due regard in placement to individual qualities, vocational goals, and inclinations to ensure good working atmosphere and efficient production.
Section 7 makes disabled persons eligible as apprentices or learners, subject to the Labor Code as amended, provided their handicap is not much as to effectively impede performance of job operations in the particular occupation; after apprenticeship, satisfactory job performance makes them eligible for employment.
Section 8 provides incentives to private entities that employ disabled persons meeting required skills/qualifications as regular employee, apprentice, or learner: an additional deduction from gross income equal to twenty-five percent (25%) of the total amount paid as salaries and wages to disabled persons, upon proof certified by the Department of Labor and Employment that disabled persons are under their employ and that the disabled employee is accredited with the Department of Labor and Employment and the Department of Health as to disability, skills, and qualifications.
Section 8 provides another incentive: private entities that improve or modify physical facilities to provide reasonable accommodation may deduct from net taxable income an amount equal to fifty percent (50%) of the direct costs of improvements or modifications; Section 8 excludes facilities required under Batas Pambansa Bilang 344.
Section 9 requires the State to take vocational rehabilitation measures developing skills and potentials to enable competition for productive and remunerative employment opportunities.
Section 9 requires measures for vocational rehabilitation and livelihood services for disabled persons in rural areas and promotes cooperation and coordination among government and non-government organizations and private entities engaged in vocational rehabilitation.
Section 9 tasks the Department of Social Welfare and Development to design and implement training programs for vocational skills enabling livelihood activities or gainful employment; it tasks the Department of Labor and Employment to design and conduct training programs for skills for livelihood.
Section 10 requires the Department of Social Welfare and Development to implement measures providing and evaluating vocational guidance and counseling so disabled persons can secure, retain, and advance in employment, and to ensure availability and training of counselors and other suitably qualified staff.
Section 11 requires the Department of Labor and Employment, in coordination with the Department of Social Welfare and Development and the National Council for the Welfare of the Disabled Persons (NCWDP), to promulgate rules and regulations to implement employment provisions in the Chapter.

Education, training, and special schooling

Section 12 requires the State to ensure adequate access to quality education and ample opportunities for disabled persons to develop skills, and to take appropriate steps to make education accessible to all disabled persons.
Section 12 prohibits learning institutions from denying admission to any course by reason of handicap or disability.
Section 12 requires consideration of special requirements of disabled persons in educational policies and programs, including school facilities, class schedules, physical education requirements, and other pertinent considerations.
Section 12 requires the State to promote auxiliary services by learning institutions, especially higher learning institutions, to facilitate learning.
Section 13 requires the State to provide financial assistance to economically marginalized but deserving disabled students pursuing post-secondary or tertiary education through scholarship grants, student loan programs, subsidies, and other incentives to qualified disabled students in public and private schools.
Section 13 requires at least five percent (5%) of the allocation for the Private Education Student Financial Assistance Program created under R.A. 6725 to be set aside for disabled students pursuing vocational or technical and degree courses.
Section 14 requires the State to establish, maintain, and support a complete, adequate and integrated system of special education for visually impaired, hearing impaired, mentally retarded persons, and other types of exceptional children in all regions.
Section 14 tasks the Department of Education, Culture and Sports to establish special education classes in public schools in cities or municipalities and to establish, where viable, Braille and Record Libraries in provinces, cities, or municipalities.
Section 14 requires national government allocation of funds for effective implementation nationwide, with local government units allowed to appropriate counterpart funds to supplement national funds.
Section 15 requires training for disabled persons in civics, vocational efficiency, sports and physical fitness, and other skills.
Section 15 requires the Department of Education, Culture and Sports to establish in at least one government-owned vocational and technical school in every province a special vocational and technical training program for disabled persons and to develop and implement sports and physical fitness programs designed for disabled persons considering the nature of their handicap.
Section 16 requires the State to develop non-formal education programs intended for total human development of disabled persons and provide adequate resources for such programs catering to special needs.
Section 17 requires each State University or State College in each region or province, if viable and needed, to: (a) develop material appliances and technical aids; (b) develop training materials for vocational rehabilitation and special education instructions; (c) conduct research on special problems and elimination of social barriers and discrimination; and (d) include the Special Education for Disabled (SPED) course in the curriculum.
Section 17 requires national government provision of necessary special facilities for visually impaired, hearing impaired, speech impaired, and orthopedically impaired students, and allocation of necessary funds in support of these functions.

Health, rehabilitation centers, and services

Section 18 requires the Department of Health, in coordination with NCWDP, to institute a national health program aiming at prevention of disability (prenatally or post-natally), recognition and early diagnosis of disability, and early rehabilitation of disabled persons.
Section 19 requires the Department of Health to establish medical rehabilitation centers in government provincial hospitals and to include necessary funds for their operation in annual appropriations.
Section 19 requires the Department of Health to formulate and implement a program enabling marginalized disabled persons to avail of free rehabilitation services in government hospitals.
Section 20 requires the State to protect and promote the right to health of disabled persons through an integrated and comprehensive approach making essential health services available at affordable cost.
Section 20 requires national government integrated health services including prevention of disability through immunization, nutrition, environmental protection and preservation, and genetic counseling; early detection and timely intervention to arrest disabling condition; and medical treatment and rehabilitation.
Section 20 requires the Department of Health to field medical personnel specializing in treatment and rehabilitation of disabled persons to provincial hospitals and, when viable, municipal health centers.
Section 20 requires training of field health personnel for medical attention to disabled persons and ensures field health units have capabilities to fit prosthetic and orthotic appliances on disabled persons.

Auxiliary social services and accessibility

Section 21 requires the State to ensure marginalized persons are provided with auxiliary social services restoring social functioning and participation in community affairs.
Section 21 tasks the Department of Social Welfare and Development to develop and implement auxiliary social services programs responsive to marginalized disabled persons, including: prosthetic device acquisition and specialty medical intervention; specialized training related to communication skills; counseling and orientation/mobility to develop positive self-image and strengthen daily living; family care services; substitute family care services and facilities for abandoned, neglected, abused and unattached disabled persons needing custodial care; after care and follow-up services for continued community-based rehabilitation after release; and day care services for disabled children of pre-school age.
Section 22 encourages television stations to provide a sign-language inset or subtitles in at least one (1) newscast program a day and special programs covering events of national significance.
Section 23 encourages all telephone companies to install special telephone devices or units for hearing-impaired persons and ensure they are commercially available to enable communication through the telephone system.
Section 24 provides free postal charges for: articles and literatures like books and periodicals, orthopedic and other devices, and teaching aids for the use of disabled sent by mail within the Philippines and abroad; and aids and orthopedic devices for the disabled sent abroad for repair.
Section 24 limits free postal charges to personal purposes only and only when the disabled person is a marginalized disabled, as certified by the Social Welfare and Development Office of the local government unit concerned or the Department of Social Welfare and Development.
Section 25 requires the State to ensure a barrier-free environment enabling access by disabled persons to public and private buildings and establishments and other places mentioned in Batas Pambansa Bilang 344 (Accessibility Law).
Section 25 requires national and local governments to allocate funds for architectural facilities or structural features for disabled persons in government buildings and facilities.
Section 26 requires the State to promote mobility and allows disabled persons to drive motor vehicles subject to Land Transportation Office rules and to appropriate adaptations or modifications made on such vehicles.
Section 27 requires the Department of Social Welfare and Development to develop a program to assist marginalized disabled persons to access public transport facilities, including possible subsidized transportation fare, and to allocate funds necessary for effective implementation of the public transport program.
Section 27 provides that the Accessibility Law, as amended, applies suppletorily to this Act.
Section 28 requires the Department of Transportation and Communications to formulate rules and regulations necessary to implement the accessibility Chapter.

Political and civil rights protections

Section 29 allows disabled persons to be assisted by a person of his choice in voting in national or local elections, with the assisting person preparing the ballot inside the voting booth.
Section 29 requires the assisting person to bind himself in a formal document under oath to fill out the ballot strictly in accordance with the voter’s instructions and not reveal the ballot contents; violation constitutes an election offense.
Section 29 requires polling places to be made accessible to disabled persons during national or local elections.
Section 30 recognizes the right of disabled persons to participate in processions, rallies, parades, demonstrations, public meetings, and assemblages or other forms of mass or concerted action held in public, consistent with the Constitution.
Section 31 recognizes the right of disabled persons to form organizations or associations promoting their welfare and advancing or safeguarding their interests.
Section 31 requires the National Government, through agencies, instrumentalities and subdivisions, to assist in establishing self-help organizations by providing technical and financial assistance.
Section 31 requires concerned government agencies and offices to establish close linkages with organizations of disabled persons to respond expeditiously to needs, and requires national line agencies and local government units to assist in setting up specific projects managed like business propositions.
Section 31 encourages organizations of disabled persons to participate in the planning, organization and management of government programs and projects for disabled persons.
Section 31 requires participation of organizations of disabled persons in identification and preparation of programs developing employment opportunities for disabled persons.

Anti-discrimination rules and public services

Section 32 prohibits any entity, public or private, from discriminating against a qualified disabled person by reason of disability in job application procedures, hiring, promotion, discharge, employee compensation, job training, and other terms, conditions, and privileges of employment.
Section 32 defines discriminatory acts to include: limiting, segregating, or classifying a disabled job applicant to adversely affect work opportunities; using qualification standards, tests, or selection criteria that screen out disabled persons unless job-related and consistent with business necessity.
Section 32 defines discrimination to include use of standards, criteria, or methods of administration that have the effect of discrimination or perpetuate discrimination of others under common administrative control.
Section 32 defines discrimination to include paying less compensation or fringe benefits to a qualified disabled employee by reason of disability than that given to a non-disabled person performing the same work.
Section 32 defines discrimination to include favoring a non-disabled employee over a qualified disabled employee for promotion, training opportunities, study, or scholarship grants solely due to disability.
Section 32 defines discrimination to include re-assigning or transferring a disabled employee to a job or position the person cannot perform due to disability.
Section 32 defines discrimination to include dismissing or terminating a disabled employee due to disability unless the employer proves impairment of satisfactory work performance to the prejudice of the business entity and first sought reasonable accommodations for disabled persons.
Section 32 defines discrimination to include failing to administer employment tests so they accurately reflect skills, aptitude, or other factor the test purports to measure rather than impaired sensory, manual, or speaking skills.
Section 32 defines discrimination to include excluding disabled persons from membership in labor unions or similar organizations.
Section 33 allows a disabled applicant, upon an offer of employment, to be subjected to a medical examination, on these occasions: if all entering employees are subjected regardless of disability; and if information from medical condition or history is collected and maintained on separate forms and separate medical files treated as confidential records, with exceptions allowing: supervisors/managers informed of necessary work restrictions or accommodations; first aid and safety personnel informed when appropriate if emergency treatment may be required; government officials investigating compliance given relevant information on request; and exam results used only in accordance with the Act.
Section 34 provides that it is discrimination for franchisees or operators and personnel of sea, land, and air transportation facilities to charge higher fare or refuse to convey a passenger, his orthopedic devices, personal effects, and merchandise by reason of disability.
Section 35 enumerates “public accommodations and services” to include inns/hotels/motels and certain lodging exceptions; restaurants/bar/food or drink establishments; motion picture/theater/concert hall/stadium and other entertainment places; auditoriums/convention centers/lecture halls and other public gathering places; bakeries/grocery stores/hardware stores/shopping centers and other sales or rental establishments; banks/barber shops/beauty shops/travel services/funeral parlors/gas stations/lawyer offices/pharmacies/insurance offices/professional offices of health care providers/hospitals and other service establishments; terminals/depot and other specified transportation stations; museums/gallery/library/display or collection places; parks/zoo/amusement parks and other recreation; nurseries and private schools; gymnasiums/health spas/bowling alleys/golf courses and other exercise or recreation places.
Section 36 prohibits discrimination against a disabled person in full and equal enjoyment of goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases, or operates it.
Section 36 defines discriminatory acts to include: denying opportunity to participate in or benefit from goods/services/facilities/privileges/advantages/accommodations due to disability; providing unequal opportunity or unequal benefit due to disability; and providing different or separate accommodations unless necessary to provide an as-effective opportunity.
Section 36 requires goods/services/facilities/privileges/advantages/accommodations to be afforded to an individual with a disability in the most integrated setting appropriate to the individual’s needs.
Section 36 requires that an individual with a disability not be denied opportunity to participate in programs or activities that are not separate or different, notwithstanding separate programs.
Section 36 provides that excluding or denying equal opportunities due to the known disability of an individual with whom there is a known relationship or association is discriminatory.
Section 36 defines as discrimination: applying eligibility criteria that screen out or tend to screen out disabled individuals unless necessary; failing to make reasonable modifications in policies/practices/procedures when necessary unless it fundamentally alters the nature of the goods/accommodations; failing to take steps to ensure no exclusion/denial/segregation due to absence of auxiliary aids and services unless it fundamentally alters the nature or results in undue burden; failing to remove architectural barriers and structural communication barriers where removal is readily achievable; and where removal is not readily achievable, failing to make goods/services/accommodations available through alternative methods if those alternative methods are readily achievable.
Section 37 requires government-owned or government-operated recreational or sports centers to be used free of charge by marginalized disabled persons during their social, sports or recreation activities.
Section 38 requires the Department of Public Works and Highways to formulate rules and regulations necessary to implement the public accommodations Chapter.

Housing, roles of agencies, and partnerships

Section 39 requires the national government to take into consideration special housing requirements of disabled persons in its national shelter program.
Section 40 requires local government units to promote establishment of organizations of disabled persons in their territorial jurisdictions.
Section 40 allows national agencies and local government units to enter into joint ventures with organizations of disabled persons to explore livelihood opportunities and undertakings enhancing health, physical fitness, economic and social well-being.
Section 41 encourages non-government organizations or private volunteer organizations dedicated to welfare of disabled persons to partner with the Government in implementing vocational rehabilitation measures and other related programs and projects.
Section 41 requires the Government to sponsor a volunteer service program to harness involvement of private individuals in provision of assistance to disabled persons.

Tax incentives and investment preferences

Section 42 provides tax exemption for donations, bequests, subsidies, or financial aid made to government agencies engaged in rehabilitation of disabled persons and organizations of disabled persons from the donor’s tax, subject to Section 94 of the National Internal Revenue Code (NIRC), as amended, and allows deductions from the donor’s gross income for purposes of computing taxable income subject to Section 29 (h) of the NIRC.
Section 42 provides that donations from foreign countries are exempt from taxes and duties on importation subject to Section 105 of the Tariff and Customs Code of the Philippines, as amended, Section 103 of the NIRC, as amended, and other relevant laws and international agreements.
Section 42 treats local manufacturing of technical aids and appliances used by disabled persons as a preferred area of investment under Executive Order No. 226 (Omnibus Investments Code of 1987), granting rights, privileges, and incentives including repatriation of investments; remittance of earnings; remittance of payments on foreign contracts; freedom from expropriations; freedom from requisition of investment; income tax holiday; additional deduction for labor expense; tax and duty exemption on imported capital equipment; tax credit on domestic capital equipment; exemption from contractor’s tax; simplification of customs procedures; unrestricted use of consigned equipment; employment of foreign nationals; tax credit for taxes and duties on raw materials; access to bonded manufacturing/trading warehouse system; exemption from taxes and duties on imported spare parts; and exemption from wharfage dues and any export tax, duty, impost, and fee.

Enforcement, courts, and penalties

Section 43 provides a continuity clause: abolition, merger, or modification of enforcement or rule-formulation departments/agencies does not affect enforcement or formulation of rules and guidelines; successor or continuing functions are transferred as applicable.
Section 44 requires the Secretary of Justice to investigate alleged violations of the Act and undertake periodic reviews of compliance by covered entities.
Section 44 authorizes the Secretary of Justice, upon reasonable cause to believe of a pattern or practice of discrimination or a discrimination raising an issue of general public importance, to commence a legal action in any appropriate court.
Section 45 authorizes courts to grant equitable relief appropriate to the Act, including temporary, preliminary, or permanent relief; auxiliary aid or service; modification of policy/practice/procedure or alternative method; and making facilities readily accessible to and usable by individuals with disabilities.
Section 46 imposes penalties for violations:
- For the first violation: a fine of not less than PHP 50,000 but not exceeding PHP 100,000, or imprisonment of not less than six (6) months but not more than two (2) years, or both at the court’s discretion.
- For any subsequent violation: a fine of not less than PHP 100,000 but not exceeding PHP 200,000, or imprisonment of not less than two (2) years but not more than six (6) years, or both at the court’s discretion.
Section 46 provides that abuse of the privileges granted results in imprisonment of not less than six (6) months or a fine of not less than PHP 5,000 but not more than PHP 50,000, or both at the court’s discretion.
Section 46 makes corporate or organizational violators’ officials directly involved liable.
Section 46 requires that if the violator is an alien or foreigner, he shall be deported immediately after service of sentence without further deportation proceedings.
Section 47 requires appropriations necessary to carry out the Act to be included in the General Appropriations Act of the year following enactment and thereafter.

Final and repealing provisions

Section 48 provides separability: unconstitutional provisions are severed, and the remaining provisions remain enforceable.
Section 49 provides that all laws, presidential decrees, executive orders, and rules and regulations inconsistent with the Act are repealed or modified accordingly.