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.

Law Summary

Policies and Objectives

  • The law aims to integrate persons with disability fully into society.
  • Provides at least 20% discount on basic services.
  • Emphasizes respect, equal rights, and prohibits ridicule and vilification.

Definitions of Terms

  • Persons with Disability (PWD): Individuals with physical, mental, or sensory impairments limiting normal activities.
  • Exclusive Use: Discounts granted solely to PWDs.
  • Establishments: Duly recognized business entities including hotels, lodging establishments, restaurants, sports and recreational centers, pharmacies, and others.
  • Detailed definitions provided for types of lodging establishments (e.g., hotel, apartel, pension house), medical and dental services, medicines, residential care, and community living.
  • Basic Necessities and Prime Commodities classified for discount applicability.
  • Benefactor and Dependent defined to identify relationships relevant for tax incentives.

Privileges and Incentives for Persons with Disability

  • PWDs are entitled to a minimum 20% discount on services and products in various sectors:
    • Hotels, lodging establishments, and restaurants (discount limited to PWD consumption).
    • Sports and recreational centers, including facility rentals.
    • Purchase of medicines from BFAD-approved sources.
    • Admission fees to cultural and leisure venues.
    • Medical and dental services in government and private facilities including diagnostic and professional fees.
    • Domestic air and sea travel fares (excluding promotional fares).
    • Land transportation including buses, railways, tolls (with conditions).
  • Educational scholarships, grants, and allowances are provided to qualified PWDs.
  • Retirees with disability receive continuity and review of benefits from GSIS, SSS, PAG-IBIG.
  • Special discounts on basic necessities and prime commodities may be granted via government programs.
  • Express lanes and priority assistance are mandated in all establishments.
  • Proof of entitlement via local government ID cards, passports, or transport discount IDs.
  • Tax incentives for benefactors treating PWDs as dependents under the National Internal Revenue Code, including personal exemptions based on family and legal status.
  • Homes, residential communities, or retirement villages tailored for PWDs receive realty tax holidays and road maintenance priority.
  • Establishments offering these discounts may claim tax deductions on costs.
  • Prohibition against availing of multiple discounts simultaneously.

Prohibitions on Ridicule and Vilification

  • Public ridicule includes mocking, making fun, or offensive imitation of PWDs in any form.
  • Vilification includes slanderous statements, public humiliation, or inciting hatred toward PWDs.
  • Such acts are prohibited anytime and anywhere.

Enforcement and Penalties

  • First violation: Fine between PHP 50,000 - 100,000 or imprisonment 6 months to 2 years, or both.
  • Subsequent violations: Fine PHP 100,000 - 200,000 or imprisonment 2 to 6 years, or both.
  • Abuse of privileges: Imprisonment of at least 6 months or fine PHP 5,000 - 50,000, or both.
  • Corporate officials liable if their entities violate the law.
  • Foreign violators to be deported after serving sentence.
  • Authorities may cancel business permits or franchises for non-compliance.

Effectivity

  • Rules take effect 15 days after publication in newspapers and filing with the Administrative Registrar.

This comprehensive implementation framework enhances the rights and welfare of persons with disability by ensuring access, integration, respect, and enforcement of their privileges and protections under the law.


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