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Republic Act No. 7277: Magna Carta for Disabled Persons and for Other Purposes

GOVPH
Republic Act No. 7277
Marc h 2 4, 1 992
S. No. 1286
H. No. 35091
Republic of the Philippines
Congr ess of the Philippines
Metro Manila
Fifth Regular Session
Begun and held in Metr o Manila, on Monday, the twenty-
second day of July, nineteen hundred and ninety-one.
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[REPUBLIC ACT NO . 7277] AN ACT PRO VIDING FOR THE REHABILIT ATION, SELF-DEVEL OPMENT AND SELF-RELIANCE OF DISABLED PERSON AND THEIR INTEGRA TION
INTO THE MAINSTREAM OF SOCIE TY AND FOR O THER PURPOSES.
Be it enacted b y the Senate and the House of Repr esentatives of the Philippines in Congr ess assembled:
TITLE ONE – GENERAL PROVISIONS
CHAPTER 1 – Basic Principle
SEC TION 1. Title. – This Act shall be known and cited as the “Magna Car ta for Disabled Persons”.
SEC. 2. Declaration of P olicy. – The gr ant of the rights and privileges for disabled persons shall be guided by the following principles:
a) Disabl ed persons are part of the Philippine society, thus the Senate shall give full suppor t to the impr ovement of the total well-being of
disabled persons and their integr ation into the mainstream of society. Toward this end, the State shall adopt policies ensuring the rehabilitation,
self-de velopment and self-reliance of disabled persons. It shall develop their skills and potentials to enable them to compete favor ably for
available oppor tunities.
b) Disabled persons have the same rights as other people to take their proper place in society. They should be able to live freely and as
independently as possible. This must be the concern of everyone – the family, community and all government and non-go vernment
organizations. Disabled persons’ rights must ne ver be perceived as welfare ser vices by the Government.
(c) The rehabilitation of the disabled persons shall be the concern of the Government in order to foster their capability to attain a more
meaningful, productive and satisfying life. To reach out to a greater number of disabled persons, the rehabilitation services and benefits shall
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be expan ded beyond the traditional urban-based centers to community based progr ams, that will ensure full participation of different sectors
as suppor ted by national and local go vernment agencies.
d) The State also recognizes the role of the private sect or in promoting the welfare of disabled persons and shall encour age partnership in
progr ams that address their needs and concerns.
e) To faci litate integr ation of disable d persons into the mainstream of society, the State shall advocate for and encour age respect for disabled
persons. The State shall exert all effor ts to remo ve all social, cultural, economic, environmental and attitudinal barriers that are prejudicial to
disabled persons.
SEC. 3. Cover age. – This Act shall covers all disabled persons and, to the extend herein pr ovided, departments, offices and agencies of the
National Go vernment or non-go vernment organization inv olved in the attainment of the objectives of this Act.
SEC. 4. De�nition of Terms. – F or purposes of this Act, these terms are defined as follows:
a) Disabled P ersons ar e those sufferin g from restriction of different abilities, as a result of a mental, physical or sensory impairment, to per form
an activity in the manner or within the r ange considered normal for a human being;
b) Impairment is any loss, diminution or aberration of psychological, physiological, or anat omical structure of function;
c) Disability shall mean 1) a physical or mental impairment that substantially limits one or more psychological, physiological or anat omical
function of an individual or activities of such individual; 2) a record of such an impairment; or 3) being regarded as ha ving such an impairment;
d) Handicap re fers to a disadv antage for a given individual resulting from an impairm ent or a disability, that limits or pre vents the functions or
activity, that is considered normal given the age and sex of the individual;
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e) Rehabilitation is an inte grated approach to physical, social, cultural, spiritual, educational and vocational measures that create conditions for
the individual t o attain the highest possible le vel of functional ability;
f) Social Barriers refer to the characteristics of institutions, whether legal, economic, cultural, recreational or other , any human group,
community, or society which limit the fullest possible participation of disabled persons in the life of the group. Social barriers include negative
attitudes which tends t o single out and exclude disabled persons and which dist ort roles and inter-personal relationships;
g) Auxiliar y Aids and Ser vices include:
1) qualified interpreters or other effective methods of delivering materials t o individuals with hearing impairments;
2) qualified readers, taped tests, or other effective methods of delivering materials t o individuals with visual impairments;
3) acquisition or modification of equipment or devices; and
4) other similar services and actions or all types of aids and ser vices that facilitate the learning process of people with mental disability.
h) Reasonable Accommodation include 1) impr ovement of existing facilities used by employees in orde r to render these readily accessible to
and usable by disabled persons; and 2) modification of work schedules, reassignment to a vacant position, acquisition or modification of
equipment or devices, appropriate adjustments or modifications of examinations, training materials or company policies, rules and regulations,
the pr ovisions of auxiliary aids and ser vices, and other similar accommodations for disabled persons;
i) Sheltered Emplo yment refers to the provision of productive work for disabled persons through workshop providing special facilities, income-
producing projects or homework schemes with a view giving them the oppor tunity to earn a living thus enabling them to acquire a working
capacity required in open industry;
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j) Auxiliar y Social Ser vices are the suppor tive activities in the delivery of social ser vices to the marginalized sect ors of society;
k) Marginaliz ed Disabled P ersons refe r to disabled persons who lack access to rehabilitative services and oppor tunities to be able to par ticipate
fully in socioeconomic activities and who ha ve no means of livelihood or whose incomes fall below po verty threshold;
l) Quali�ed Individual with a Disability shall mean an individual with a disa bility who, with or without reasonable accommodations, can perform
the essential functions of the employment position that such individual holds or desires. However, consider ation shall be given to the
employer ’s judgement as to what functions of a job are essential, and if an employer has prepared a written description before advertising or
interviewing applicants for the job, this description shall be considered e vidence of the essential functions of the job;
m) Readily Achievable mea ns a goal can be easily attained and carried out without much difficulty or expense. In determining whether an action
is readily achie vable, fact ors to be considered include –
1) the nature and cost of the action;
2) the ove rall finan cial resour ces of the facility or facilities involved in the action; the number of persons employed at such facility; the effect on
expenses and resour ces, or the impact other wise of such action upon the oper ation of the facility;
3) the over all financial resources of the covered entity with respect to the number of its employees; the number , type and location of its
facilities; and
4) the type of oper ation or oper ations of the covered entity, including the composition, structure and functions of the work force of such entity;
the geogr aphic separ ateness, administr ative or fiscal relationship of the facilities in question t o the covered entity;
n) Public Transpor tation means transpor tation by air, land and sea that provides the public with gener al or special service on a regular and
continuing basis;
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(o) Cover ed Entity means employer , employment agency, labor-organization or joint labor-management committee; and
p) Commerce shall be taken to m ean as travel, trade, traffic, commer ce, transpor tation, or communication among the provinces or between any
foreign country or any territ ory or possession and any pr ovince.
TITLE TWO – RIGH TS AND PRIVILEGES OF DISABLED
PERSONS
CH APTER 1 – Employment
SEC. 5. Equal Opportunity for Emplo yment. – No disabled persons shall be denied access to oppor tunities for suita ble employment. A qualified
disabled employee shall 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.
Five percent (5%) of all casual, emergency and contr actual positions in the Depar tment of Social Welfare and Development; Health; Education,
Culture and Spor ts; and other government agencies, offices or corpor ations engaged in social development shall be reser ved for disabled
persons.
SEC. 6. Shelter ed Emplo yment. – If suitable employment for disabled persons cannot be found throug h open employment as provided in the
immediately preceding Section, the State shall endea vor to pr ovide it by means of sheltered employment. In the placement of disabled persons
in shelter ed employment, it shall accord due regard to the individual qualities, vocational goals and inclinations to ensure a good working
atmosphere and efficient pr oduction.
SEC. 7. Apprenticeship . – Subject to the provision of the Labor Code as amended, disabled persons shall be eligible as apprentices or learners;
Provided , That their handicap is not much as t o effectively impede the performance of job operations in the particular occupation for which they
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are hired; Provided, fur ther , T hat after the lapse of the period of apprenticeship if found satisfact ory in the job performance, they shall be eligible
for employment.
SEC. 8. Incentiv es for Emplo yers. – a) To encour age the active participation of the private sect or in promoting the welfare of disabled persons
and to ensure gainful employment for qualified disabled persons, adequate incentives shall be provided to priv ate entities which employ
disabled persons.
b) Priv ate entities that employ disabled persons who meet the required skills or qualifications, either as regular employee, apprentice or learner ,
shall be entitled to an additional deduction, from their gross income, equivalent to twenty-five percent (25%) of the total amount paid as salaries
and wages to disabled persons: Provided, however , Tha t such entities present proof as cer tified by the Depar tment of Lab or and Employment
that disab led pers on are under their employ: Provided, further , T hat the disabled employee is acc redited with the Depar tment of Lab or and
Employment and the Depar tment of Health as to his disability, skills and qualifications.
c) Private entities that improve or mo dify their physical facilities in order t o pr ovide reasonable accommodation for disabled persons shall also
be entitled to an additional deduction fr om their net taxable income, equivalent to fifty percent (50%) of the direct costs of the impr ovements or
modifications. This Section, howe ver, does not apply t o improvements or modifications of facilities required under Batas P ambansa Bilang 344.
SEC. 9. Vocational Rehabilitation. – Consis tent with the principle of equal opportunity for disabled workers and workers in gener al, the State
shall take appr opriate vocational rehabilitation measures that shall serve to de velop the skills and potential of disabled persons and enable
them t o compete fa vor ably for a vailable pr oductive and remuner ative employment oppor tunities in the labor market.
The State shall also take measures to ensure the provisions of vocational rehabilitation and livelihood services for disabled persons in the rural
areas. In addition, it shall promote cooper ation and coordination between the government and non-go vernment organization and other private
entities engaged in v ocational rehabilitation activities.
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The Depa rtment of Social Welfare and Development shall design and implement training progr ams that will provide disabled persons with
vocational skills t o enable them to engage in livelihood activities or obtain gainful employment. The Department of Labor and Employment shall
likewise design and conduct tr aining programs geared t owards providing disabled persons with skills for livelihood.
SEC. 10. Vocational Guidance and Counseling. – The Depar tment of Social Welfare and Development shall implement measures providing and
evaluating vocatio nal guidance and counseling to enable disabled persons to secure, retain and advance in employment. It shall ensure the
availability and training counselors and other suitability qualified staff responsible for the vocational guidance and counseling of disabled
persons.
SEC. 11. Implementing Rules and Regulations. – The Depar tment of Labor and Employment shall in coordination with the Depar tment of Social
Welfare and Development (DSWD) and National Council for the Welfare of Disabled Persons (NCWDP), shall promulgate the rules and
regulations necessary t o implement the provision under this Chapter .
CHAPTER 2 – Education
SEC. 12. Access to Quality Education. – The State shall ensure that disabled persons are provided with adequate access to quality education
and ample opportunities to de velop their skills. It shall take appropriate steps to make such education accessible to all disabled persons. It
shall be unlawful for any learning institutions t o deny a disabled person admission to any course it offers by reason of handicap or disability.
The State shall take into consider ation the special requirements of disabled persons in the formulation of education policies and progr am. It
shall encour age learning institutions to take into account the special needs of disabled persons with respect to the use of school facilities,
class schedules, physical education requirements and other per tinent consideration.
The State shall also promote the provision by learning institutions, of auxiliary services that will facilitate the learning process for disabled
persons.
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SEC. 13. Assistance to Disabled Students. – Th e St ate shall pr ovide financial assistance to economically marginalized but deser ving disabled
students pursuing post secondary or tertiary education. Such assistance may be in the form of scholarship grants, student loan progr ams,
subsidies, and other incentives to qualified disabled students in both public and private schools. At least five percent (5%) of the allocation for
the Priv ate Education Student Financial Assistance Progr am created by virtue of R.A. 6725 shall be set aside for disabled students pursuing
vocational or technical and degree courses.
SEC. 14. Special E ducation. – The State shall establish, maintain and suppor t a complete, adequate and integr ated system of special education
for the visually impaired, hearing impaired, mentally retarded persons and other type of exceptional children in all regions of the country.
Towards this end, the Depar tment of Education, Culture and Spor ts shall establish special education classes in public schools in cities, or
municipalities. It shall also establish, where viable, Br aille and Record Libraries in provinces, cities or municipalities.
The National Government shall allocate funds necessary for the effective implementation of the special education progr am nationwide. Local
government units may likewise appr opriate counterpart funds to supplement national funds.
SEC. 15. Vocational or Technical and Other Training Progr ams. – The State shall pr ovide disabled persons with training in civics, vocational
efficiency, sports and physical fitness, and other skills. The Depar tment of Education, Culture and Sports shall establish in at least one
government-owned vocational and technical school in every province a special vocational and technical training progr am for disabled persons.
It shall develop and implement sports and physical fitness progr am specifically designed for disabled persons taking into consider ation the
nature of their handicap.
SEC. 16. Non-F ormal Education. – The State shall de velop non-formal education progr ams intended for the total human development of
disabled persons. It shall provide adequate resources for non-formal education progr ams and projects that cater to the special needs of
disabled persons.
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SEC. 17. State Universities and Colleges. – If viable and needed, the State Universities or State Colleges in each region or province shall be
responsible for (a) the development of material appliances and technica l aids for disabled persons; (b) the development of training materials
for vocational rehabilitation and special education instructions; and (c) the resear ch on special problems, particularly of the visually-impaired,
hearing-impaired, and orthopedically-impaired students, mentally retarded, and multi-handicapped and other , and the elimination of social
barriers and discrimination against disabled persons; and (d) inclusion of the Special Education for Disabled (SPED) course in the curriculum.
The National Government shall provide these state universities and colle ges with the necessary special facilities for visually-impaired, hearing-
impaired, speech-impaired, and or thopedically-impaired students. It shall likewise allocate the necessary funds in suppor t of the above.
CHAPTER 3 – Health
SEC. 18. National Health Progr am. – The Depar tment of Health, in coordination with the National Council for the Welfare of Disabled Persons,
shall institute a national health pr ogram which shall aim t o attain the following:
a) prevention of disability, whether occurring prenatally or post-natally;
b) recognition and early diagnosis of disability; and
c) early rehabilitation of the disabled.
SEC. 19. Rehabilitation Centers. – Th e Depar tment of Health shall establish medical rehabilitation centers in go vernment provincial hospitals,
and shall include in its annual appr opriation the necessary funds for the oper ation of such centers.
The Depar tment of Health shall formulate and implement a progr am to enable marginalized disabled persons to avail of free rehabilitation
services in go vernment hospitals.
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SEC. 20. Health Services. – The State shall protect and promote the right to health of disabled persons and shall adopt an integr ated and
comprehensive appr oach to their health de velopment which shall make essential health ser vices available t o them at affordable cost.
The National Go vernment shall pr ovide an integr ated health ser vice for disabled persons which shall include, but not limited t o, the following:
a) prevention of disability through immunization, nutrition, environme ntal protection and preser vation, and genetic counseling; and early
detection of disability and timely inter vention to arrest disabling condition; and
b) medical treatment and rehabilitation.
The Depa rtment of Health shall field medical personnel specializing in the treatment and rehabilitation of disabled persons to provincial
hospitals and, when viable, to municipal health centers. It shall also train its field health personnel in the provision of medical attention to
disabled persons. It shall further ensure that its field health units have the necessary capabilities to fit prosthetic and orthotic appliances on
disabled persons.
CHAPTER 4 – A uxiliary Social Ser vices
SEC. 21. Auxiliar y Social Services. – The State shall ensure that marginalized persons are provided with the necessary auxiliary services that
will restore their social functioning and par ticipation in community affairs. Toward this end, the Depar tment of Social Welfare and Development
shall develop and implement prog rams on auxiliary social services that respond to the needs of marginalized disabled persons. The
components of such a pr ogram shall be as follows:
a) assistance in the acquisition of pr osthetic devices and medical inter vention of specialty ser vices;
b) provision of specialized tr aining activities designed t o improve functional limitations of disabled persons related t o communications skills;
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c) development among disabled persons of a positive self-image through the provision of counseling, orientation and mobility and
strengthening daily living capability;
d) provision of family care services geared towards developing the capability of families to respond to the needs of the disabled members of
the family;
e) provision of substitute family care services and the facilities therefore for abandoned, neglected, abused and unattached disabled persons
who need cust odial care;
f) pr ovision of afte r care and follow-up services for the continued rehabilitation in a community-based setting of disabled persons who were
released fr om the residential care or rehabilitation centers; and
g) provision of day care ser vices for disabled children of pre-school age.
CHAPTER 5 – Telecommunications
SEC. 22. Broadcast Media – Tele vision stations shall be encour aged to pr ovide a sign-language inset or subtitles in at least one (1) newscast
progr am a day and special pr ograms co vering e vents of national significance.
SEC. 23. Telephone Services. – All telephone companies shall be encour aged to install special telephone devices or units for the hearing-
impaired and ensure that they are commer cially available t o enable them t o communicate thr ough the telephone system.
SEC. 24. Free P ostal Char ges for the Disabled. – Postal charges shall be free on the following:
a) article and literatures like books and periodicals, orthopedic and other devices, and teaching aids for the use of the disabled sent by mail
within the Philippines and abr oad; and
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b) aids and orthopedic devices for the disabled sent abroad by mail for repair; Pr ovided , That the aforesaid items are for personal purposes
only:
Provided further , T hat the disabled person is a marginalized disabled as certified by the Social Welfare and Development Office of the local
government unit concerned or the Depar tment of Social Welfare and Development.
CHAPTER 6 – Accessibility
SEC. 25. Barrier-F ree Envir onment. – The State shall ensure the attainment of a barrier-free environment that will enable disabled persons to
ha ve access in public and private buildings and establishments and such other places mentioned in Batas Pambansa Bilang 344, other wise
known as the “ Accessibility Law”.
The natio nal and local government shall allocate funds for the provision of architectur al or structur al features for disabled persons in
government buildings and facilities.
SEC. 26. Mobility – Th e St ate promote the mobility of disabled persons. Disabled persons shall be allowed to drive motor vehicles, subject to
the rules and regu lations issued by the Land Transpor tation Office pertinent to the nature of their disability and the appr opriate adaptations or
modifications made on such vehicles.
SEC. 27. Access to Public Transpor t Facilities. – The Depar tment of Social Welfare and Development shall develop a progr am to assist
marginalized disabled persons gain access in the use of public transpor t facilities. Such assistance may be in the form of subsidized
transpor tation fare.
The said depar tment shall also allocate such funds as may be necessary for the effective implementation of the public transpor t pr ogr am for
the disabled persons.
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The “Accessibility Law”, as amended, shall be made supplementary t o this Act.
SEC. 28. Implementing Rules and Regulations. – The Depar tment of Transpor tation and Communications shall formulate the rules and
regulations necessary t o implement the provision of this Chapter .
CHAPTER 7 – P olitical and Civil Rights
SEC. 29. System of Voting. – Disabl ed perso ns shall be allowed to be assisted by a person of his choice in voting in the national or local
elections. The person thus chosen shall prepare ballot for the disabled voter inside the voting booth. The person assisting shall bind himself in
a formal document under oath to fill out the ballot strictly in accordance with the instructions of the voter and not to re veal the contents of the
ballot prepared by him. Violation of this pr ovision shall constitute an election offense.
P olling places should be made accessible t o disabled persons during the national or local elections.
SEC. 30. Right to Assemble. – Consistent with the provisions of the Constitution, the State shall recognize the right of disabled persons to
par ticipate in processions, rallies, parades, demonstr ations, public meetings, and assemblages or other forms of mass or concer ted action held
in public.
SEC. 31. Right to Or ganiz e. – The State shall recognize the rights of disabled persons to form organizations or associations that promote their
welfare and advance or safeguard their interests. The National Government, through its agencies, instrumentalities and subdivisions, shall
assist disabled persons in establishing self-help organizations by pr oviding them with necessary technical and financial assistance.
Concerned government agencies and offices shall establish close linkages with organizations of disabled persons in order to respond
expeditiously to the needs of disabl ed persons. National line agencies and local government units shall assist disabled persons in setting up
specific pr ojects that will be managed like business pr opositions.
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To ensure the active participation of disabled persons in the social and economic development of the country, their organizations shall be
encour aged to participate in the planning, organization and management of go vernment programs and pr ojects for disabled persons.
Organizations of disabled persons shall participate in the identification and prepar ation of progr ams that shall serve to de velop employment
opportunities for the disabled persons.
TITLE THREE – PROHIBITION ON DISCRIMINA TION
AGAINST DISABLED PERSONS
CHAPTER 1 – Discrimination on Employment
SEC. 32. Discrimination on Emplo yment. – No entity, whether public or priv ate, shall discriminate against a qualified disabled person by reason
of disability in regard to job application procedures, the hiring, promotion , or discharge of employees, employee compensation, job training, and
other terms, conditions, and privileges of employment. The following constitute acts of discrimination:
a) Limiting, segregating or classifying a disabled job applicant in such a manner that adversely affects his work oppor tunities;
b) Using qualification standards, employment tests or other selection criteria that screen out or tend to screen out a disabled person unless
such standards, tests or other selection criteria are shown to be job-related for the position in question and are consistent with business
necessity;
c) Utilizing standards, criteria, or methods of administr ation that:
1) have the effect of discrimination on the basis of disability; or
2) perpetuate the discrimination of others who are subject t o common administrative control;
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d) Providing less compensation, such as salary, wage or other forms of remuner ation and fringe benefits, to a qualified disabled employee, by
reason of his disability, than the amount t o which a non-disabled person performing the same work is entitled;
e) Fa voring a non-disabled employee over a qualified disabled employee with respect to promotion, training opportunities, study and
scholarship gr ants, solely on account of the latter ’s disability;
f ) Re-assigning or tr ansferring a disabled employee t o a job or position he cannot perform by reason of his disability;
g) Dismissing or terminating the services of a disabled employee by reason of his disability unless the employer can prove that he impairs the
satisfact ory performance of the work involved to the prejudice of the business entities; Provided, however , That the employ er first sought
provide reasonable accommodations for disabled persons;
h) Fa iling to select or administer in the effective manner employment tests which accurately reflect the skills, aptitude or other factor of the
disabled applicant or employee that such test purpor ts to measure, rather than the impaired sensory, manual or speaking skills of such
applicant or employee, if any; and
(i) Ex cluding disabled persons fr om membership in labor unions or similar organizations.
SEC. 33. Employment Entr ance Examination. – Upon an offer of employment, a disabled applicant may be subjected to medical examination, on
the following occasions:
a) all entering employees are subjected t o such an examination regardless of disability;
b) information obtained during the medical condition or hist ory of the applicant is collected and maintained on separ ate forms and in separ ate
medical files and is treated as a confidential medical record, Provided, howe ver , That:
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1) super visors and managers may be informed regarding necessary restrictions on the work or duties of the employees and necessary
accommodations;
2) first aid and safety personnel may be informed, when appr opriate, if the disability might require emergency treatment;
3) government officials investigating compliance with this Act shall be pr ovided rele vant information on request; and
4) the results of such examination are used only accordance with this Act.
CH APTER 2 – Discrimination on Transpor tation
SEC. 34. Public Transpor tation. – It shall be con sidered discrimination for the franchises or oper ator s and personnel of sea, land, and air
transpor tation facilities to charge higher fare or to refuse to convey a passenger , his orthopedic devices, personal effects, and merchandise by
reason of his disability.
CHAPTER 3 – Discrimination on the Use of Public
Accommodations and Ser vices
SEC. 35. Public Accommodations and Services. – For purposes of this Chapter , public accommodations and services shall include the
following:
a) an inn , hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five (5)
rooms for rent or hire and that is actually occupied by the pr oprietor of such establishment as the residence of such pr oprietor;
b) a restaur ant, bar or other establishment ser ving food or drink;
c) a motion picture, theater, concert hall, stadium, or other place of exhibition or enter tainment;
d) an auditorium, convention center , lecture hall, or other place of public gathering;
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e) a bakery, grocery store, hardware st ore, shopping center , or other sales or rental establishment;
f) a bank, barber-s hop, beauty shop, travel service, funer al parlor , gas station, office of a lawyer , pharmacy, insurance office, professional office
of a health care pr ovider , hospital or other ser vice establishment;
g) a terminal, depot, or other station used for specified public tr ansportation;
h) a museum, gallery, libr ary or other place of public display or collection;
i) a park, zoo, amusement park, or other place of recreation;
j) a nursery, elementary, secondary, undergr aduate, or post-graduate private school, or other place of education;
k) a gymnasium, health spa, bowling alley, golf course; or
l) other place of exer cise or recreation.
SEC. 36. Discrimination on the Use of Public Accommodations. – a) No disabled persons shall be discriminated on the basis of disability in the
full and equal enjoyment of the good s, ser vices, facilities, privileges, advantages or accommodations of any place of public accommodation by
any person who owns, leases, or oper ates a place of public accommodation. The following constitute acts of discrimination:
1) denying a disabled person, directly through contractual, licensing, or other arrangement, the oppor tunity to par ticipate in or benefit from the
goods, ser vices, facilities, privileges, adv antages, or accommodations of an entity by reason of his disability;
2) affording a disabled person, on the basis of his disability, directly or through contractual, licensing, or other arrangement, with the
oppor tunity to par ticipate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to
other able-bodied persons; and
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3) provid ing disability, directly or through contractual, licensing, or othe r arr angement, with a good, service, facility, advantages, privilege, or
accommodation that is different or separ ate from that provided to other able-bodied persons unless such action is necessary to provide the
disabled person with a good, service , facility, advantage, privilege or accommodation, or other oppor tunity that is as effective as that provided
to others;
F or purpose of this Section, the term “individuals or class individuals” refers to the clients or cust omers of the covered public accommodation
that enters int o the contractual, licensing or other arr angement.
b) Integr ated Settings – Goods, services, facilities, advantages, and accommodations shall be afforded to an individual with a disability in the
most integr ated setting appr opriate to the needs of the individual.
c) Oppor tunity to Par ticipate – Notw ithstanding the existence of separ ate or different progr ams or activities provided in accordance with this
Section, an individual with a disability shall not be denied the oppor tunity to par ticipate in such progr ams or activities that are not separ ate or
different.
d) Association – It shall be discriminat ory to exclude or other wise deny equal goods, services, facilities, advantages, privileges,
accommodations or other opportunities to an individual or entity because of the known disability of an individual with whom the individual or
entity is known t o have a relationship or association.
e) Pr ohibitions – F or purposes of this Section, the following shall be considered as discriminat ory:
1) the imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class or
individuals with disabilities from fully and equally enjoying and goods, services, facilities, privileges, advantages, accommodations, unless such
criteria can be shown t o be necessary for the pr ovision of the goods, ser vices, facilities, privileges, or accommodations being offered;
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2) a failure to make reasonable modifications in policies, practices, or procedures, when such modification are necessary to afford such goods,
services, facilities, privileges, advantages or accommodations to individuals with disabilities, unless the entity can demonstr ate that making
such modifications would fundamentally alter the nature of the goods, facilities, ser vices, privileges, advantages, or accommodations;
3) failure to take steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or other wise
treated differently than other individ uals because of the absence of auxiliary aids and services, unless the entity can demonstr ate that taking
such steps would fundamentally alter the nature of the good, service, facility, privilege, advantage or accommodation being offered or would
result in undue burden;
4) a failure to remo ve architectur al barriers, and communication barriers that are structur al in nature, in existing facilities, where such removal
is readily achie vable; and
5) where an entity can demonstr ate that the remo val of a barrier under clause (4) is not readily achievable, a failure to make such goods,
services, facilities, privileges, adv antages, or accommodations a vailable thr ough alternative methods if such methods are readily achie vable.
SEC. 37. Use of Government Recreational or Spor ts Centers Free of Char ge. – Recre ational or spor ts centers owned or oper ated by the
Government shall be used, free of charge, by marginalized disabled persons during their social, spor ts or recreation activities.
SEC. 38. Implementing Rules and Regulations. – The Depar tment of Public Work s and Highway shall formulate the rules and regulations
necessary t o implement the pr ovisions of this Chapter .
TITLE FOUR – FINAL PRO VISIONS
SEC. 39. Housing Progr am. – The National Government shall take into consider ation in its national shelter progr ams the special housing
requirements of disabled persons.
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SEC. 40. Role of National Agencies and Local Government Units. – Local go vernment units shall promote the establishment of organizat ions of
disabled persons in their respective territ orial jurisdictions. National agencies and local government units may enter into joint ventures with
organizations or associations of disabled persons to explore livelihood opportunities and other undertaking that shall enhance the health,
physical fitness and the economic and social well-being of disabled persons.
SEC. 41. Suppor t From Non-go vernment Organizations .- Non-go vernment organizations or priv ate volunteer organizations dedicated to the
purpose of promoting and enhancing the welfare of disabled persons shall, as they, are hereby encouraged, become partners of the
Government in the implementation of vocational rehabilitation measures and other related progr ams and projects. Accordingly, their
participation in the implementation of said measures, pr ograms and pr ojects is to be extended all possible suppor t by the Government.
The Government shall sponsor a volunteer service progr am which shall harness the involvement of priv ate individual in the provision of
assistance t o disabled persons.
SEC. 42. Tax Incentiv es. – a) Any donatio n, bequest, subsidy or financial aid which may be made to go vernment agencies engaged in the
rehabilitation of disabled persons and organizations of disabled persons shall be exempt from the donor ’s tax subject to the provisions of
Section 94 of the National Internal Revenue Code (NIRC), as amended and shall be allowed as deduction from the donor ’s gr oss income for
purposes of computing the taxable income subject t o the provisions of Section 29 (h) of the Code.
b) Donati ons from foreign countries shall be exempt from taxes and duties on impor tation subject to the provisions of Section 105 of the Tariff
and Cust oms Code of the Philippines, as amended, Section 103 of the NIRC, as amended and other rele vant laws and international agreements.
c) Local manufac turing of technical aids and appliances used by disabled persons shall be considered as a preferred area of investment
subject to the provisions of Executive Order No. 226 other wise known as the “Omnibus Investments Code of 1987” and, as such, shall enjoy the
rights, privileges and incentives as pr ovided in said Code such as, but not limited, t o the following:
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1) repatriation of investments;
2) remittance of earnings;
3) remittance of payments on foreign contracts;
4) freedom from expropriations;
5) freedom fr om requisition of investment;
6) income tax holiday;
7) additional deduction for labor expense;
8) tax and duty exemption on impor ted capital equipment;
9) tax credit on domestic capital equipment;
10) exemption from contractor’s tax;
11) simplification of cust oms procedures;
12) unrestricted use of consigned equipment;
13) employment of foreign nationals;
14) tax credits for taxes and duties on r aw materials;
15) access to bonded manufacturing/tr ading warehouse system;
16) exemption from taxes and duties on impor ted spare parts; and
17) exemption fr om wharfage dues and any expor t tax, duty, impost and fee.
SEC. 43. Continuity Clause. – Should any depar tment or agency tasked with the enfor cement or formulation of rules and regulations and
guidelines for implementation of any pr ovisions of thes Act is abolished, merge with another department or agency or modified, such shall not
affect the enfor cement or formulation of rules, regulations and guidelines for implementation of this Act t o the effect that –
a) In case of abolition, the depar tment or agency established to replace the abolished department or agency shall take-o ver the functions under
this Act of the abolished depar tment or agency.
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b) In case of the depar tment or agency tasked with the enfor cement of formulation of rules, regulations and guidelines for implementation of
this Act is merged with another department or agency, the former shall continue the functions under this Act of the merged department or
agency.
c) In case of modification, the depar tment or agency modified shall continue the functions under this Act of the depar tment or agency that has
undergone modification.
SEC. 44. Enfor cement b y the Secr etary of Justice –
a) Denial of Right
1) Duty to Investigate – the Secreta ry of Justice shall investigate alleged violations of this Act, and shall under take periodic reviews of
compliance of co vered entities under this Act.
b) Potential Violations – If the Secretary of Justice has reasonable cause t o believe that –
1) any person or gr oup of persons is engaged in a pattern of pr actice of discrimination under this Act; or
2) any person or group or persons has been discriminated against under this Act and such discrimination raises and issue of gener al public
impor tance, the Secretary of Justice may commence a legal action in any appr opriate court.
SEC. 45. Authority of Cour t. – The court may grant any equitable relief that such court considers to be appr opriate, including, to the extent
required by this Act;
a) gr anting tempor ary, preliminary or permanent relief;
b) providing an auxiliary aid or ser vice, modification of policy, pr actice or procedure, or alternative method; and
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c) making facilities readily accessible to and usable by individuals with disabilities.
SEC. 46. Penal Clause. – a) Any person who violates any pr ovision of this Act shall suffer the following penalties:
1) for the first violation, a fine of not less than Fifty thousand pesos (P50,000.00) but not exceeding One hundred thousand
pesos(P100,000.00) or imprisonment of not less than six (6) months but not more than two (2) years, or both at the discretion of the cour t;
and
2) for any subseq uent violation, a fine of not less than One hundred thousand pesos (P100,000.00) but not exceeding Two hundred
thousand pesos (P200,000.00) or imprisonment for less than two (2) years but not more than six (6) years, or both at the discretion of the
cour t.
b) Any person who abuses the privil eges granted herein shall be punished with imprisonment of not less than six (6) months or a fine of not
less than Five thousand pesos (P5,000.00) but not more than Fifty thousand pesos (P50,000.00), or both, at the discretion of the cour t.
c) If the violator is a corporation, organization or any similar entity, the officials thereof directly inv olved shall be liable therefor.
d) If the violator is an alien or a foreigner , he shall be deported immediately after ser vice of sentence without fur ther deportation proceedings.
SEC. 47. Appropriations. – Th e am ount necessary to carry out the provision of this Act shall be included in the Gener al Appr opriation Act of the
year following its enactment int o law and thereafter.
SEC. 48. Separ ability Clause. – Should any provision of this Act be found unconstitutional by a cour t of law , such provisions shall be severed
from the remainder of the Act, and such action shall not affect the enfor ceability of the remaining provisions of this Act.
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SEC. 49. Repealing Clause. – All laws, presidential decrees, executive orders and rules and regulations inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.
SEC. 50. Eff ectivity . – This Act shall take effect fifteen (15) days after its publication in any two (2) newspapers of gener al circulation
Approved,
(Sgd.) RAMON V . MITRA
Speaker of the House
of Repr esentativ es
(Sgd.) NEPT ALI A. GONZ ALES
President of the Senate
This bill which is a consolidation of Senate Bill No. 1286 and House Bill 35091, was finally passed by the Senate and the House of
Representatives on January 22, 1992 and January 16, 1992, respectively.
(Sgd.) CAMIL O L. SABIO
Secretary Gener al
House of Repr esentatives
(Sgd.) ANACLE TO D. BADO Y, JR.
Secr etary of the Senate
Appr oved: Mar ch 24, 1992
(Sgd.) CORAZ ON C. AQUINO
President of the Philippines
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Source: Presidential Museum and Libr ary
RESOURCES
[PDF] Republic Act No. 7277, Mar ch 24, 1992
This e n tr y w as p o ste d u n d er L a w s a n d I s su an ce s , R ep ub lic A cts . B ookm ark t h e p erm alin k .
REP U BLIC O F T H E P H IL IP PIN ES
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S an d ig an b aya n
M an ag ed b y P re sid en tia l C om mun ic a tio ns O pera tio ns O ffi ce ( P C O O)
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