1
Q
RA No. 7277 (Senate Bill No. and House Bill)
A
Senate Bill No. 1286 and House Bill 35091
2
Q
Begun and held in Metro Manila, what date and what day?
A
July 22, 1991 (Monday)
3
Q
AN ACT PROVIDING FOR THE ________, __________ AND ___________ OF DISABLED PERSON AND THEIR INTEGRATION INTO THE MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES.
A
REHABILITATION, SELF-DEVELOPMENT AND SELF-RELIANCE
4
Q
In the old version, the act shall be known and cited as the “Magna Carta for Disabled Persons”. What is the new version in the new amendment?
A
Magna Carta for Persons with Disability
5
Q
Disabled persons’ rights must never be perceived as _________ by the Government.
A
welfare services
6
Q
The State shall exert all efforts to remove all these five (5) barriers that are prejudicial to disabled persons.
A
social, cultural, economic, environmental and attitudinal
7
Q
This refers to those suffering from restriction of different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being
A
Disabled Persons (old)
Persons with Disability (new)
8
Q
any loss, diminution or aberration of psychological, physiological or anatomical structure of function
A
Impairment
9
Q
Disability shall mean:
A
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
10
Q
Refers to a disadvantage for a given individual resulting from an impairment or a disability, that limits or prevents the functions or activity, that is considered normal given the age and sex of the individual.
A
Handicap
11
Q
An integrated approach to physical, social, cultural, spiritual, educational and vocational measures that create conditions for the individual to attain the highest possible level of functional ability.
A
Rehabilitation
12
Q
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.
A
Social Barriers
13
Q
Include negative attitudes which tends to single out and exclude disabled persons and which distort roles and inter-personal relationships
A
Social Barriers
14
Q
qualified interpreters or other effective methods of delivering materials to individuals with hearing impairments
A
Auxiliary Aids and Services
15
Q
qualified readers, taped tests, or other effective methods of delivering materials to individuals with visual impairments;
A
Auxiliary Aids and Services
16
Q
Acquisition or modification of equipment or devices; and
A
Auxiliary Aids and Services
17
Q
other similar services and actions or all types of aids and services that facilitate the learning process of people with mental disability.
A
Auxiliary Aids and Services
18
Q
Reasonable Accomodation include:
A
1) improvement of existing facilities
2) modification of work schedules
19
Q
Improvement of existing facilities used by
employees in order to?
A
render these readily accessible to and usable by disabled persons
20
Q
modigcation of work schedules, and?
A
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 provisions of auxiliary aids and services, and other similar accommodations for disabled persons
21
Q
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 opportunity to earna living thus enabling them to acquire a working capacity required in open industry.
A
Sheltered Employment
22
Q
The supportive activities in the delivery of social services to the marginalized sectors of society.
A
Auxiliary
social services
23
Q
refer to disabled persons who lack access to rehabilitative services and opportunities to be able to participate fully in socioeconomic activities and who have no means of livelihood or whose incomes fall below poverty threshold;
A
Marginalized Disabled Persons
24
Q
shall mean an individual with a disability who, with or without reasonable accommodations, can perform the essential functions of the employment position that such individual holds or desires. However, consideration 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 evidence of the essential functions of the job;
A
Qualified Individual with a Disability
25
means a goal can be easily attained and carried out without much difficulty or expense.
Readily Achievable
26
In determining whether an action is readily achievable, factors to be considered include – what is the 1st factor?
1) the nature and cost of the action;
27
In determining whether an action is readily achievable, factors to be considered include – what is the 2nd factor?
2) the overall financial resources of the facility or facilities involved in the action; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such action upon the operation of the facility;
28
In determining whether an action is readily achievable, factors to be considered include – what is the 3rd factor?
3) the overall financial resources of the covered entity with respect to the number of its employees; the number, type and location of its facilities; and
29
In determining whether an action is readily achievable, factors to be considered include – what is the 4th and last factor?
4) the type of operation or operations of the covered entity, including the composition, structure and functions of the work force of such entity; the geographic separateness, administrative or fiscal relationship of the facilities in question to the covered entity;
30
means transportation by air, land and sea that provides the public with general or special service on a regular and continuing basis;
Public Transportation
31
means employer, employment agency, labor-organization or joint labor-management committee
Covered Entity
32
shall be taken to mean as travel, trade, traffic, commerce, transportation, or communication among the provinces or between any foreign country or any territory or possession and any province.
Commerce
33
RIGHTS AND PRIVILEGES OF DISABLED PERSONS
TITLE TWO
34
GENERAL PROVISIONS
TITLE ONE
35
TITLE TWO, CHAPTER 1
Employment
36
RA No. 7277 Sec 5
Equal Opportunity for Employment
37
No disabled persons shall be denied access to opportunities for suitable employment.
SEC. 5. Equal Opportunity for Employment
38
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.
SEC. 5. Equal Opportunity for Employment
39
How many percent of all casual, emergency and contractual positions in the Department of Social Welfare and Development; Health; Education, Culture and Sports; and other government agencies, offices or corporations engaged in social development shall be reserved for disabled persons?
0.05
40
If suitable employment for disabled persons cannot be found through open employment as provided in the immediately preceding Section, the State shall endeavor to provide it by means of
sheltered employment
41
In the placement of disabled persons in sheltered employment, it shall accord due regard to the?
individual qualities, vocational goals and inclinations to ensure a good working atmosphere and efficient production.
42
Subject to the provision of the Labor Code as amended, disabled persons shall be eligible as apprentices or learners;
SEC. 7. Apprenticeship
43
Provided, That their handicap is not much as to effectively impede the performance of job operations in the particular occupation for which they are hired;
SEC. 7. Apprenticeship
44
Provided, further, That after the lapse of the period of apprenticeship if found satisfactory in the job performance, they shall be eligible for employment.
SEC. 7. Apprenticeship.
45
a) To encourage the active participation of the private sector in promoting the welfare of disabled persons and to ensure gainful employment for qualified disabled persons, adequate incentives shall be provided to private entities which employ disabled persons.
SEC. 8. Incentives for Employers
46
b) Private 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:
SEC. 8. Incentives for Employers.
47
Provided, however, That such entities present proof as certified by the Department of Labor and Employment that disabled person are under their employ:
SEC. 8. Incentives for Employers. under b)
48
Provided, further, That the disabled employee is accredited with the Department of Labor and Employment and the Department of Health as to his disability, skills and qualifications.
SEC. 8. Incentives for Employers. under b)
49
c) Private entities that improve or modify their physical facilities in order to provide reasonable accommodation for disabled persons shall also be entitled to an additional deduction from their net taxable income, equivalent to fifty percent (50%) of the direct costs of the improvements or modifications.
SEC. 8. Incentives for Employers.
50
This Section, however, does not apply to improvements or modifications of facilities required under Batas Pambansa Bilang 344.
SEC. 8. Incentives for Employers. c)
51
Consistent with the principle of equal opportunity for disabled workers and workers in general, the State shall take appropriate vocational rehabilitation measures that shall serve to develop the skills and potential of disabled persons and enable them to compete favorably for available productive and remunerative employment opportunities in the labor market.
SEC. 9. Vocational Rehabilitation.
52
The State shall also take measures to ensure the provisions of vocational rehabilitation and livelihood services for disabled persons in the rural areas.
SEC. 9. Vocational Rehabilitation.
53
In addition, it shall promote cooperation and coordination between the government and non-government organization and other private entities engaged in vocational rehabilitation activities.
SEC. 9. Vocational Rehabilitation.
54
shall design and implement training programs that will provide disabled persons with vocational skills to enable them to engage in livelihood activities or obtain gainful employment.
The Department of Social Welfare and Development
55
shall likewise design and conduct training programs geared towards providing disabled persons with skills for livelihood.
The Department of Labor and Employment
56
What Government Agency shall implement measures providing and evaluating vocational guidance and counseling to enable disabled persons to secure, retain and advance in employment? Under what Section?
The Department of Social Welfare and Development; SEC. 10. Vocational Guidance and Counseling.
57
It shall ensure the availability and training counselors and other suitability qualified staff responsible for the vocational guidance and counseling of disabled persons.
The Department of Social Welfare and Development; SEC. 10. Vocational Guidance and Counseling.
58
What government agency shall in coordination with the Department of Social Welfare and Development (DSWD) and National Council for the Welfare of Disabled Persons (NCWDP), shall promulgate the rules and regulations necessary to implement the provision under this Title Two, Chapter 1? What section?
The Department of Labor and Employment; SEC. 11. Implementing Rules and Regulations
59
The State shall ensure that disabled persons are provided with adequate access to quality education and ample opportunities to develop their skills.
SEC. 12. Access to Quality Education.
60
It shall take appropriate steps to make such education accessible to all disabled persons.
SEC. 12. Access to Quality Education.
61
It shall be unlawful for any learning institutions to deny a disabled person admission to any course it offers by reason of handicap or disability.
SEC. 12. Access to Quality Education.
62
The State shall take into consideration the special requirements of disabled persons in the formulation of education policies and program.
SEC. 12. Access to Quality Education.
63
It shall encourage 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 pertinent consideration.
SEC. 12. Access to Quality Education.
64
The State shall also promote the provision by learning institutions, of auxiliary services that will facilitate the learning process for disabled persons.
SEC. 12. Access to Quality Education.
65
The State shall provide financial assistance to economically marginalized but deserving disabled students pursuing post secondary or tertiary education.
SEC. 13. Assistance to Disabled Students.
66
Such assistance may be in the form of scholarship grants, student loan programs, subsidies, and other incentives to qualified disabled students in both public and private schools.
SEC. 13. Assistance to Disabled Students.
67
Such assistance may be in the form of scholarship grants, student loan programs, subsidies, and other incentives to qualified disabled students in both public and private schools.
SEC. 13. Assistance to Disabled Students
68
At least five percent (5%) of the allocation for the Private Education Student Financial Assistance Program created by virtue of ________ shall be set aside for disabled students pursuing vocational or technical and degree courses.
RA 6725; SEC. 13. Assistance to Disabled Students.
69
The State shall establish, maintain and support a complete, adequate and integrated 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.
70
Towards this end, the Department of _____________ shall establish special education classes in public schools in cities, or municipalities. It shall also establish, where viable, Braille and Record Libraries in provinces, cities or municipalities.
Education, Culture and Sports; SEC. 14. Special Education
71
The National Government shall allocate funds necessary for the effective implementation of the special education program nationwide. Local government units may likewise appropriate counterpart funds to supplement national funds.
SEC. 14. Special Education
72
The State shall provide disabled persons with training in civics, vocational efficiency, sports and physical fitness, and other skills.
SEC. 15. Vocational or Technical and Other Training Programs
73
The Department of Education, Culture and Sports shall establish in at least _______ government-owned vocational and technical school in every province a special vocational and technical training program for disabled persons.
one; SEC. 15. Vocational or Technical and Other Training Programs.
74
It shall develop and implement sports and physical fitness program specifically designed for disabled persons taking into consideration the nature of their handicap.
SEC. 15. Vocational or Technical and Other Training Programs.
75
The State shall develop non-formal education programs intended for the total human development of disabled persons.
SEC. 16. Non-Formal Education.
76
It shall provide adequate resources for non-formal education programs and projects that cater to the special needs of disabled persons.
SEC. 16. Non-Formal Education.
77
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 technical aids for disabled persons;
(b) the development of training materials for vocational rehabilitation and special education instructions; and
(c) the research 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.
78
The National Government shall provide these state universities and colleges with the necessary special facilities for visually-impaired, hearing-impaired, speech-impaired, and orthopedically-impaired students. It shall likewise allocate the necessary funds in support of the above.
SEC. 17. State Universities and Colleges.
79
The Department of Health, in coordination with the National Council for the Welfare of Disabled Persons, shall institute a national health program which shall aim to 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. 18. National Health Program.
80
The Department of Health shall establish medical rehabilitation centers in government provincial hospitals, and shall include in its annual appropriation the necessary funds for the operation of such centers.
SEC. 19. Rehabilitation Centers.
81
shall formulate and implement a program to enable marginalized disabled persons to avail of free rehabilitation services in government hospitals.
The Department of Health
82
The State shall protect and promote the right to health of disabled persons and shall adopt an integrated and comprehensive approach to their health development which shall make essential health services available to them at affordable cost.
SEC. 20. Health Services
83
The National Government shall provide an integrated health service for disabled persons which shall include, but not limited to, the following:
a) prevention of disability through immunization, nutrition, environmental protection and preservation, and genetic counseling; and early detection of disability and timely intervention to arrest disabling condition; and
b) medical treatment and rehabilitation.
SEC. 20. Health Services
84
The Department 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.
SEC. 20. Health Services.
85
It shall also train its field health personnel in the provision of medical attention to disabled persons.
SEC. 20. Health Services.
86
It shall further ensure that its field health units have the necessary capabilities to fit prosthetic and orthotic appliances on disabled persons.
SEC. 20. Health Services.
87
The State shall ensure that marginalized persons are provided with the necessary auxiliary services that will restore their social functioning and participation in community affairs.
SEC. 21. Auxiliary Social Services.
88
Toward this end, the Department of Social Welfare and Development shall develop and implement programs on auxiliary social services that respond to the needs of marginalized disabled persons.
SEC. 21. Auxiliary Social Services.
89
The components of such a program (Auxiliary Social Services) shall be as follows:
a) assistance in the acquisition of prosthetic devices and medical intervention of specialty services;
b) provision of specialized training activities designed to improve functional limitations of disabled persons related to communications skills;
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 custodial care;
f) provision of after care and follow-up services for the continued rehabilitation in a community-based setting of disabled persons who were released from the residential care or rehabilitation centers; and
g) provision of day care services for disabled children of pre-school age.
90
Television stations shall be encouraged to provide a sign-language inset or subtitles in at least ______ newscast program a day and special programs covering events of national significance.
one (1); SEC. 22. Broadcast Media
91
All telephone companies shall be encouraged to install special telephone devices or units for the hearing-impaired and ensure that they are commercially available to enable them to communicate through the telephone system.
SEC. 23. Telephone Services.
92
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 abroad;
SEC. 24. Free Postal Charges for the Disabled.
93
b) aids and orthopedic devices for the disabled sent abroad by mail for repair; Provided, That the aforesaid items are for personal purposes only:
SEC. 24. Free Postal Charges for the Disabled
94
Provided further, That 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.
SEC. 24. Free Postal Charges for the Disabled.
95
The State shall ensure the attainment of a barrier-free environment that will enable disabled persons to have access in public and private buildings and establishments and such other places mentioned in
Batas Pambansa Bilang 344, otherwise known as the “Accessibility Law”.
SEC. 25. Barrier-Free Environment.
96
The national and local government shall allocate funds for the provision of architectural or structural features for disabled persons in government buildings and facilities.
SEC. 25. Barrier-Free Environment.
97
The State promote the mobility of disabled persons.
SEC. 26. Mobility
98
The Department of Social Welfare and Development shall develop a program to assist marginalized disabled persons gain access in the use of public transport facilities. Such assistance may be in the form of subsidized transportation fare.
SEC. 27. Access to Public Transport Facilities.
99
Disabled persons shall be allowed to drive motor vehicles, subject to the rules and regulations issued by the Land Transportation Office pertinent to the nature of their disability and the appropriate adaptations or modifications made on such vehicles.
SEC. 26. Mobility
100
The said department shall also allocate such funds as may be necessary for the effective implementation of the public transport program for the disabled persons.
SEC. 27. Access to Public Transport Facilities.
101
The “Accessibility Law”, as amended, shall be made supplementary to this Act.
SEC. 27. Access to Public Transport Facilities.
102
The Department of Transportation and Communications shall formulate the rules and regulations necessary to implement the provision of this Chapter.
SEC. 28. Implementing Rules and Regulations.
103
Disabled persons 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 reveal the contents of the ballot prepared by him. Violation of this provision shall constitute an election offense.
SEC. 29. System of Voting.
104
Polling places should be made accessible to disabled persons during the national or local elections.
SEC. 29. System of Voting.
105
Consistent with the provisions of the Constitution, the State shall recognize 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.
SEC. 30. Right to Assemble
106
The State shall recognize the rights of disabled persons to form organizations or associations that promote their welfare and advance or safeguard their interests.
SEC. 31. Right to Organize.
107
The National Government, through its agencies, instrumentalities and subdivisions, shall assist disabled persons in establishing self-help organizations by providing them with necessary technical and financial assistance.
SEC. 31. Right to Organize.
108
Concerned government agencies and offices shall establish close linkages with organizations of disabled persons in order to respond expeditiously to the needs of disabled persons.
SEC. 31. Right to Organize.
109
To ensure the active participation of disabled persons in the social and economic development of the country, their organizations shall be encouraged to participate in the planning, organization and management of government programs and projects for disabled persons.
SEC. 31. Right to Organize.
110
Organizations of disabled persons shall participate in the identification and preparation of programs that shall serve to develop employment opportunities for the disabled persons.
SEC. 31. Right to Organize.
111
National line agencies and local government units shall assist disabled persons in setting up specific projects that will be managed like business propositions.
SEC. 31. Right to Organize.
112
PROHIBITION ON DISCRIMINATION
AGAINST DISABLED PERSONS
TITLE THREE
113
No entity, whether public or private, 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.
SEC. 32. Discrimination on Employment.
114
a) Limiting, segregating or classifying a disabled job applicant in such a manner that adversely affects his work opportunities;
Acts of discrimination; SEC 32
115
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;
Acts of discrimination; SEC 32
116
c) Utilizing standards, criteria, or methods of administration that:
1) have the effect of discrimination on the basis of disability; or
2) perpetuate the discrimination of others who are subject to common administrative control;
Acts of discrimination; SEC 32
117
d) Providing less compensation, such as salary, wage or other forms of remuneration and fringe benefits, to a qualified disabled employee, by reason of his disability, than the amount to which a non-disabled person performing the same work is entitled;
Acts of discrimination; SEC 32
118
e) Favoring a non-disabled employee over a qualified disabled employee with respect to promotion, training opportunities, study and scholarship grants, solely on account of the latter’s disability;
Acts of discrimination; SEC 32
119
f) Re-assigning or transferring a disabled employee to a job or position he cannot perform by reason of his disability;
Acts of discrimination; SEC 32
120
g) Dismissing or terminating the services of a disabled employee by reason of his disability unless the employer can prove that he impairs the satisfactory performance of the work involved to the prejudice of the business entities; Provided, however, That the employer first sought provide reasonable accommodations for disabled persons;
Acts of discrimination; SEC 32
121
h) Failing 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 purports to measure, rather than the impaired sensory, manual or speaking skills of such applicant or employee, if any; and
Acts of discrimination; SEC 32
122
(i) Excluding disabled persons from membership in labor unions or similar organizations.
Acts of discrimination; SEC 32
123
Upon an offer of employment, a disabled applicant may be subjected to medical examination
SEC. 33. Employment Entrance Examination.
124
a) all entering employees are subjected to such an examination regardless of disability;
SEC. 33. Employment Entrance Examination.
125
b) information obtained during the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, Provided, however, That:
1) supervisors 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 appropriate, if the disability might require emergency treatment;
3) government officials investigating compliance with this Act shall be provided relevant information on request; and
4) the results of such examination are used only accordance with this Act.
126
It shall be considered discrimination for the franchises or operators and personnel of sea, land, and air transportation 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 2 – Discrimination on Transportation
SEC. 34. Public Transportation
127
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 proprietor of such establishment as the residence of such proprietor;
b) a restaurant, bar or other establishment serving food or drink;
c) a motion picture, theater, concert hall, stadium, or other place of exhibition or entertainment;
d) an auditorium, convention center, lecture hall, or other place of public gathering;
e) a bakery, grocery store, hardware store, shopping center, or other sales or rental establishment;
f) a bank, barber-shop, beauty shop, travel service, funeral parlor, gas station, office of a lawyer, pharmacy, insurance office, professional office of a health care provider, hospital or other service establishment;
g) a terminal, depot, or other station used for specified public transportation;
h) a museum, gallery, library or other place of public display or collection;
i) a park, zoo, amusement park, or other place of recreation;
j) a nursery, elementary, secondary, undergraduate, or post-graduate private school, or other place of education;
k) a gymnasium, health spa, bowling alley, golf course; or
l) other place of exercise or recreation.
128
a) No disabled persons shall be discriminated on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation by any person who owns, leases, or operates a place of public accommodation.
SEC. 36. Discrimination on the Use of Public Accommodations.
129
1) denying a disabled person, directly through contractual, licensing, or other arrangement, the opportunity to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of an entity by reason of his disability;
Acts of discrimination; SEC. 36. Discrimination on the Use of Public Accommodations.
130
2) affording a disabled person, on the basis of his disability, directly or through contractual, licensing, or other arrangement, with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other able-bodied persons;
Acts of discrimination; SEC. 36. Discrimination on the Use of Public Accommodations.
131
3) providing disability, directly or through contractual, licensing, or other arrangement, with a good, service, facility, advantages, privilege, or accommodation that is different or separate 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 opportunity that is as effective as that provided to others;
Acts of discrimination; SEC. 36. Discrimination on the Use of Public Accommodations.
132
For purpose of SEC. 36. Discrimination on the Use of Public Accommodations, the term “individuals or class individuals” refers to
the clients or customers of the covered public accommodation that enters into the contractual, licensing or other arrangement.
133
Goods, services, facilities, advantages, and accommodations shall be afforded to an individual with a disability in the most integrated setting appropriate to the needs of the individual.
b) Integrated Settings
134
Notwithstanding the existence of separate or different programs or activities provided in accordance with this Section, an individual with a disability shall not be denied the opportunity to participate in such programs or activities that are not separate or different.
c) Opportunity to Participate
135
It shall be discriminatory to exclude or otherwise 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 to have a relationship or association.
d) Association
136
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 to be necessary for the provision of the goods, services, facilities, privileges, or accommodations being offered;
Acts of discrimination; SEC. 36. Discrimination on the Use of Public Accommodations. e) Prohibitions
137
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 demonstrate that making such modifications would fundamentally alter the nature of the goods, facilities, services, privileges, advantages, or accommodations;
Acts of discrimination; SEC. 36. Discrimination on the Use of Public Accommodations. e) Prohibitions
138
3) failure to take steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the entity can demonstrate 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;
Acts of discrimination; SEC. 36. Discrimination on the Use of Public Accommodations. e) Prohibitions
139
5) where an entity can demonstrate that the removal of a barrier under clause (4) is not readily achievable, a failure to make such goods, services, facilities, privileges, advantages, or accommodations available through alternative methods if such methods are readily achievable.
Acts of discrimination; SEC. 36. Discrimination on the Use of Public Accommodations. e) Prohibitions
140
4) a failure to remove architectural barriers, and communication barriers that are structural in nature, in existing facilities, where such removal is readily achievable; and
Acts of discrimination; SEC. 36. Discrimination on the Use of Public Accommodations. e) Prohibitions
141
Recreational or sports centers owned or operated by the Government shall be used, free of charge, by marginalized disabled persons during their social, sports or recreation activities.
SEC. 37. Use of Government Recreational or Sports Centers Free of Charge.
142
The National Government shall take into consideration in its national shelter programs the special housing requirements of disabled persons.
SEC. 39. Housing Program
143
Local government units shall promote the establishment of organizations of disabled persons in their respective territorial 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. 40. Role of National Agencies and Local Government Units.
144
Non-government organizations or private 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 programs and projects. Accordingly, their participation in the implementation of said measures, programs and projects is to be extended all possible support by the Government.
SEC. 41. Support From Non-government Organizations.
145
The Government shall sponsor a volunteer service program which shall harness the involvement of private individual in the provision of assistance to disabled persons.
SEC. 41. Support From Non-government Organizations
146
a) Any donation, bequest, subsidy or financial aid which may be made to government 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 gross income for purposes of computing the taxable income subject to the provisions of Section 29 (h) of the Code.
SEC. 42. Tax Incentives
147
b) Donations from foreign countries shall be exempt from taxes and duties on importation subject to the provisions of 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.
SEC. 42. Tax Incentives
148
c) Local manufacturing 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 otherwise known as the “Omnibus Investments Code of 1987” and, as such, shall enjoy the rights, privileges and incentives as provided in said Code such as, but not limited, to the following:
1) repatriation of investments;
2) remittance of earnings;
3) remittance of payments on foreign contracts;
4) freedom from expropriations;
5) freedom from requisition of investment;
6) income tax holiday;
7) additional deduction for labor expense;
8) tax and duty exemption on imported capital equipment;
9) tax credit on domestic capital equipment;
10) exemption from contractor’s tax;
11) simplification of customs procedures;
12) unrestricted use of consigned equipment;
13) employment of foreign nationals;
14) tax credits for taxes and duties on raw materials;
15) access to bonded manufacturing/trading warehouse system;
16) exemption from taxes and duties on imported spare parts; and
17) exemption from wharfage dues and any export tax, duty, impost and fee.
SEC. 42. Tax Incentives
149
Should any department or agency tasked with the enforcement or formulation of rules and regulations and guidelines for implementation of any provisions of thes Act is abolished, merge with another department or agency or modified, such shall not affect the enforcement or formulation of rules, regulations and guidelines for implementation of this Act to the effect that –
a) In case of abolition, the department or agency established to replace the abolished department or agency shall take-over the functions under this Act of the abolished department or agency.
b) In case of the department or agency tasked with the enforcement 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 department or agency modified shall continue the functions under this Act of the department or agency that has undergone modification.
SEC. 43. Continuity Clause.
150
1) Duty to Investigate – the Secretary of Justice shall investigate alleged violations of this Act, and shall undertake periodic reviews of compliance of covered entities under this Act.
SEC. 44. Enforcement by the Secretary of Justice –
a) Denial of Right
151
If the Secretary of Justice has reasonable cause to believe that –
1) any person or group of persons is engaged in a pattern of practice 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 general public importance, the Secretary of Justice may commence a legal action in any appropriate court.
SEC. 44. Enforcement by the Secretary of Justice
b) Potential Violations
152
The court may grant any equitable relief that such court considers to be appropriate, including, to the extent required by this Act;
a) granting temporary, preliminary or permanent relief;
b) providing an auxiliary aid or service, modification of policy, practice or procedure, or alternative method; and
c) making facilities readily accessible to and usable by individuals with disabilities.
SEC. 45. Authority of Court
153
a) Any person who violates any provision of this Act shall suffer the following penalties:
SEC. 46. Penal Clause.
154
1) for the first violation, a fine of not less than ______________ but not exceeding One hundred thousand pesos(P100,000.00) or imprisonment of not less than ______________ but not more than two (2) years, or both at the discretion of the court; and
Fifty thousand pesos (P50,000.00); six (6) months
155
2) for any subsequent violation, a fine of not less than ___________ but not exceeding Two hundred thousand pesos (P200,000.00) or imprisonment for less than _________ but not more than six (6) years, or both at the discretion of the court.
One hundred thousand pesos (P100,000.00); two (2) years
156
b) Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than _________ or a fine of not ________________ but not more than Fifty thousand pesos (P50,000.00), or both, at the discretion of the court.
six (6) months; less than Five thousand pesos (P5,000.00)
157
c) If the violator is a corporation, organization or any similar entity, the officials thereof directly involved shall be liable therefor.
SEC. 46. Penal Clause.
158
d) If the violator is an alien or a foreigner, he shall be
deported immediately after service of sentence without further deportation proceedings.
159
The amount necessary to carry out the provision of this Act shall be included in the General Appropriation Act of the year following its enactment into law and thereafter.
SEC. 47. Appropriations.
160
Should any provision of this Act be found unconstitutional by a court of law, such provisions shall be severed from the remainder of the Act, and such action shall not affect the enforceability of the remaining provisions of this Act.
SEC. 48. Separability Clause.
161
All laws, presidential decrees, executive orders and rules and regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SEC. 49. Repealing Clause.
162
This Act shall take effect fifteen (15) days after its publication in any two (2) newspapers of general circulation
SEC. 50. Effectivity.
163
This bill which is a consolidation of Senate Bill No. _______ and House Bill ______, was finally passed by the Senate and the House of Representatives on _______________ and _________________, respectively.
1286 ; 35091 ;
January 22, 1992 ; January 16, 1992
164
RA 7277 was Approved on
March 24, 1992
165
President of the Philippines when RA 7277 was approved
CORAZON C. AQUINO
166
Speaker of the House of Representatives
RAMON V. MITRA
167
NEPTALI A. GONZALES
President of the Senate
168
Secretary General
House of Representatives
(Sgd.) CAMILO L. SABIO
169
Secretary of the Senate
(Sgd.) ANACLETO D. BADOY, JR.
170
AN ACT AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE “MAGNA CARTA FOR DISABLED PERSONS, AND FOR OTHER PURPOSES”
Begun and held in Metro Manila, on July 22, 1991 (Monday)
171
(a) At least twenty percent (20%) discount from all establishments relative to the utilization of all services in hotels and similar lodging establishments; restaurants and recreation centers for the exclusive use or enjoyment of persons with disability;
CHAPTER 8. Other Privileges and Incentives. SEC. 32. Persons with disability shall be entitled to the following:
172
(b) A minimum of twenty percent (20%) discount on admission fees charged by theaters, cinema houses, concert halls, circuses, carnivals and other similar places of culture, leisure and amusement for the exclusive use of enjoyment of persons with disability;
CHAPTER 8. Other Privileges and Incentives. SEC. 32. Persons with disability shall be entitled to the following:
173
(c) At least twenty percent (20%) discount for the purchase of medicines in all drugstores for the exclusive use or enjoyment of persons with disability;
CHAPTER 8. Other Privileges and Incentives. SEC. 32. Persons with disability shall be entitled to the following:
174
(d) At least twenty percent (20%) discount on medical and dental services including diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and blood tests, in all government facilities, subject to guidelines to be issued by the Department of Health (DOH), in coordination with the Philippine Health Insurance Corporation (PHILHEALTH);
CHAPTER 8. Other Privileges and Incentives. SEC. 32. Persons with disability shall be entitled to the following:
175
(e) At least twenty percent (20%) discount on medical and dental services including diagnostic and laboratory fees, and professional fees of attending doctors in all private hospitals and medical facilities, in accordance with the rules and regulations to be issued by the DOH, in coordination with the PHILHEALTH;
CHAPTER 8. Other Privileges and Incentives. SEC. 32. Persons with disability shall be entitled to the following:
176
(f) At least twenty percent (20%) discount on fare for domestic air and sea travel for the exclusive use or enjoyment of persons with disability;
177
(g) At least twenty percent (20%) discount in public railways, skyways and bus fare for the exclusive use and enjoyment of person with disability;
CHAPTER 8. Other Privileges and Incentives. SEC. 32. Persons with disability shall be entitled to the following:
178
(h) Educational assistance to persons with disability, for them to pursue primary, secondary, tertiary, post tertiary, as well as vocational or technical education, in both public and private schools, through the provision of scholarships, grants, financial aids, subsidies and other incentives to qualified persons with disability, including support for books, learning material, and uniform allowance to the extent feasible: Provided, That persons with disability shall meet minimum admission requirements;
CHAPTER 8. Other Privileges and Incentives. SEC. 32. Persons with disability shall be entitled to the following:
179
(i) To the extent practicable and feasible, the continuance of the same benefits and privileges given by the _______________________________________________________________-, as the case may be, as are enjoyed by those in actual service;
Government Service Insurance System (GSIS), Social Security System (SSS), and PAG-IBIG
CHAPTER 8. Other Privileges and Incentives. SEC. 32. Persons with disability shall be entitled to the following:
180
(j) To the extent possible, the government may grant special discounts in special programs for persons with disability on purchase of basic commodities, subject to guidelines to be issued for the purpose by _____________________________________________________________________
the Department of Trade and Industry (DTI) and the Department of Agricultural (DA);
CHAPTER 8. Other Privileges and Incentives. SEC. 32. Persons with disability shall be entitled to the following:
181
(k) Provision of express lanes for persons with disability in all commercial and government establishments; in the absence thereof, priority shall be given to them.
CHAPTER 8. Other Privileges and Incentives. SEC. 32. Persons with disability shall be entitled to the following:
182
The abovementioned privileges are available only to persons with disability who are Filipino citizens upon submission of any of the following as proof of his/her entitlement thereto:
(I) An identification card issued by the city or municipal mayor or the barangay captain of the place where the persons with disability resides;
(II) The passport of the persons with disability concerned; or
(III) Transportation discount fare Identification Card (ID) issued by the National Council for the Welfare of Disabled Persons (NCWDP).
183
(T or F) The privileges may not be claimed if the persons with disability claims a higher discount sa may be granted by the commercial establishment and/or under other existing laws or in combination with other discount programs/s.
t
184
(a) Persons with disability shall be treated as dependents under the Section 35 (A) of the National Internal Revenue Code, as amended and as such, individual taxpayers caring for them shall be accorded the privileges granted by the code insofar as having dependents under the same section are concerned;
CHAPTER 8 - Other Privileges and Incentives. SEC. 33. Incentives. – Those caring for and living with a person with disability shall be granted the following incentives:
185
(b) Individuals or nongovernmental institutions establishing homes, residential communities or retirement villages solely to suit the needs and requirements of persons with disability shall be accorded the following:
(i) Realty tax holiday for the first five years of operation; and
(ii) Priority in the building and/or maintenance of provincial or municipal roads leading to the aforesaid home, residential community or retirement village.”
CHAPTER 8 - Other Privileges and Incentives. SEC. 33. Incentives. – Those caring for and living with a person with disability shall be granted the following incentives:
186
Title Four new amendment
Prohibitions on Verbal, Non-verbal Ridicule and Vilification Against Persons with Disability
187
Title 4 Chapter 1
Deliverance from Public Ridicule
188
For purposes of this chapter, public ridicule shall be defined as an act of making fun or contemptuous imitating or making mockery of persons with disability whether in writing, or in words, or in action due to their impairment/s.
SEC. 39. Public Ridicule.
189
No individual, group or community shall execute any of these acts of ridicule against persons with disability in any time and place which could intimidate or result in loss of self-esteem of the latter.
SEC. 40
190
Deliverance from Vilification
Title Four - CHAPTER 2.
191
For purposes of this Chapter, vilification shall be defined as:
(a) The utterance of slanderous and abusive statements against a person with disability; and/or
(b) An activity in public which incites hatred towards, serious contempt for, or severe ridicule of persons with disability.”
SEC 41. Vilification.
192
Any individual, group or community is hereby prohibited from vilifying any person with disability which could result into loss of self-esteem of the latter.”
SEC. 42.
193
(T or F) Upon filing of an appropriate complaint, and after due notice and hearing, the proper authorities may also cause the cancellation or revocation of the business permit, permit to operate, franchise and other similar privileges granted to any business entity that fails to abide by the provisions of this Act.
t
194
The title of Republic Act No. 7277 is hereby amended to read as the “Magna Carta for Persons with Disability”, and all references on the said law to “Disabled persons” shall likewise be amended to read as
“persons with disability”; SEC. 4.
195
These government agencies are in consultation with the concerned Senate and House committees and other agencies, organizations, establishments shall formulate implementing rules and regulations pertinent to the provision of this Act within six months after the effectivity of this Act.
SEC 5. The Department of Social Welfare and Development, the National Council for the Welfare of Disabled Persons, and the Bureau of Internal Revenue
196
New Amendment
Who is the speaker of the house representatives? President of the Senate?
(Sgd.) JOSE DE VENECIA JR.
Speaker of the House of Representatives
(Sgd.) MANNY VILLAR
President of the Senate
197
New Amendment
This Act which is a consolidation of Senate Bill No. ______ and House Bill No. _________ was finally passed by the Senate and the House of Representatives on ______________________ and ______________ respectively.
2580 ; 1214
February 8, 2007 ; February 7, 2008
198
New Amendment
Who is the Secretary General House of Representatives? Secretary of the Senate?
(Sgd.) ROBERTO P. NAZARENO
Secretary General House of Representatives
(Sgd.) OSCAR G. YABES
Secretary of the Senate
199
When is the amendment approved?
April 30, 2007
200
Who is the current secretary of justice in the Philippines?
Fredderick A. Vida.
201
TITLE 2 CHAPTER 2
EDUCATION
202
TITLE 2 CHAPTER 3 –
Health
203
TITLE 2 CHAPTER 4 –
Auxiliary Social Services
204
TITLE 2 CHAPTER 5 –
Telecommunications
205
TITLE 2 CHAPTER 6 –
Accessibility
206
TITLE 2 CHAPTER 7 –
Political and Civil Rights
207
TITLE 3 CHAPTER 1 –
Discrimination on Employment
208
IN RA 7277 WHAT TITLE IS PROHIBITION ON DISCRIMINATION
TITLE THREE –
209
TITLE 3 CHAPTER 2 –
Discrimination on Transportation
210
TITLE 3 CHAPTER 3 –
Discrimination on the Use of Public
Accommodations and Services
211
IN 7277 WHAT TITLE IS – FINAL PROVISIONS
TITLE FOUR
212
3RD year 2nd sem
flashcards
Decks in class (28)
# Cards
-
Midterm on the 7277 Reading Assignment Lingad47
-
defensor chap 39153
-
Defensor chap 40126
-
reading assignment lingad212
-
chap 41 DEFENSOR251
-
chap 41 defensor quiz diarrhea, consti, IBS119
-
LINGAD DEMENTIA OR NEUROCOGNITIVE DISORDER.34
-
LINGAD PERSONALITY DISORDER138
-
staging colorectal cancer defensor20
-
Lingad neurocog disorder & sleep-wake132
-
Lingad Eating disorder57
-
DEFENSOR CEREBROVASCULAR153
-
DEFENSOR CHAP 60154
-
DEFENSOR CHAP 60 DIAGNOSTICS97
-
LINGAD CHAPTER 12 ABUSE AND VIOLENCE29
-
LINGAD CHAPTER 19 ADDICTION35
-
LINGAD 926224
-
LINGAD A.O no. 2021-003146
-
LINGAD ASD31
-
LINGAD ADHD14
-
Defensor Multiple sclerosis65
-
DEFENSOR MYASTHENIA GRAVIS25
-
LINGAD The New Client Flow for Wellness and Recovery from Substance Related Issues35
-
LINGAD CHAP 22 NEURODEV' DISORDER40
-
PSYCH CHAP 23 DISRUPTIVE BEHAVIORS22
-
PSYCH APPENDIX B SEXUAL DYSFUNCTIONS AND GENDER DYSPHORIA33
-
PSYCH RA 11036 "Mental Health Act."33
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PSYCH RA 9165 "Comprehensive Dangerous Drugs Act of 2002".42
