BATAS PAMBANSA BLG.

344
A.k.a ACCESSIBILITY LAW:
An Act To Enhance The Mobility Of Disabled Persons By Requiring Certain Buildings,
Institutions, Establishments And Public Utilities To Install Facilities And Other Devices.

History:
● First introduced on July 26, 1982
● Passed by the Batasang Pambansa on December 7, 1982
● Approved on February 25, 1983

Purpose:
The rules and regulations set forth herein to provide for minimum requirements and standards to
make buildings, facilities, and utilities accessible for public use and to disabled persons

Scope: The provisions of these rules and regulations shall apply to the ff:
● Public and private buildings and related structures to public use
● Streets and highways and public utilities
● Public transport vehicles
● Public telephones
● Public transport terminals including those of LRTA (Light Rail Transit Authority)
Definition of Terms:
● ACCESSIBLE - refers to features manner or within the range
that enable disabled persons to considered normal for a human
make use of the primary functions being as a result of a mental,
for which a structure is built. physical or sensory impairment.
● ANTHROPOMETRIC - pertaining to ● EGRESS - an exit, or a means of
the measurement of the human going out.
body. ● GRADIENT OF RAMP - the degree
● BUILDINGS - public and private of inclination of the sloped surface
buildings and other related expressed as a percentage or ratio.
structures for public use. Those ● THRESHOLD - a strip fastened to
designed to accommodate and the floor beneath a door, usually
serve persons in the pursuit of required to cover the joint where two
educational, commercial, types of floor materials meet; may
recreational, religious, occupational, provide weather protection at
medical, political, social activities exterior doors.
and others of similar nature as ● VESTIBULE - a small entranceway
enumerated and provided herein. or transitional space from the
● DISABLED PERSONS - those exterior to the interior of a building
suffering from restriction or lack of and opens into a larger space.
ability to perform an activity in the

● COEFFICIENT OF FRICTION - Is a measure of the amount of friction existing between

two surfaces. A low value of coefficient of friction indicates that the force required for
sliding to occur is less than the force required when the coefficient of friction is high.

Measurements/Requirements:
Requirements for Public Transportation
● Regular Buses shall have at least (5) designated seats for disabled persons near exit/
entrance doors
● First class, premiere and air-conditioned buses shall have at least four (4)
designated seats for disabled persons near the door
● Passenger trains shall have at least six (6) designated seats per car for disabled
persons nearest to the door
● Passenger airplanes shall have at least two (2) designated seats for disabled persons
near the front exit/entrance door on a per aircraft-type basis
● For regular and air-conditioned city buses, other passengers may use these
designated seats if not occupied and yield them to incoming disabled persons whenever
the occasion arises.
● For provincial buses, regular and air-conditioned buses, passenger trains and
airplanes, the designated seats for disabled persons may be occupied by other
passengers only if no disabled persons shall occupy these seats at the start of the trip
● Jeepneys shall have at least two (2) seats, preferably the front seats as designated
seats for disabled persons
 ● For jeepneys, other passengers may use these designated seats if not occupied
and yield them to incoming disabled passengers only if the yielding passenger can still
be accommodated at the back.
● In domestic shipping, each vessel shall: Allocate on a per class-basis, areas for
disabled passengers. These areas shall be nearest to the entrance and/or exit
doorways of the vessels.
● Give priority to disabled passengers' embarkation and disembarkation through
the assignment of "time windows."
● Disabled passengers shall be given a twenty (20) minute period to embark ahead of
the three (3) hour embarkation time prior to the ship's departure; and shall be allocated
a maximum of one (1) hour for disembarkation after the ship's arrival.

Width of Elevators Required

- Minimum width of 800 mm

No. of Seats in Theater

- Auditoriums, assembly halls, theaters, and related facilities:
- Seating for the disabled shall be accessible from the main lobby to primary entrances,
together with related toilet facilities.
- In all assembly places where seating accommodation is provided, there shall be spaces
for the disabled persons as provided.

- When the seating capacity exceeds 500 an additional wheelchair seating space shall be
provided for each total seating capacity increase of 100 seats
- Readily removable seats may be installed in these spaces when such spaces are not
required to accommodate wheelchair users.

WHEELCHAIR:
The minimum and maximum dimensions for spaces in the built environment should consider the
following criteria:
● The varying sizes and structures of persons of both sexes, their reaches and their lines
of sight at both the standing and sitting positions.
● The dimensions of wheelchairs; the minimum space needed for locking and unlocking
leg braces plus the range of distance of crutches and other walking aids from persons
using such devices.
● In determining the minimum dimensions for furniture and fixtures accessible to disabled
persons, the following anthropometric data shall serve as guides for design:
 ● The length of wheelchairs varies from 1.10 m to 1.30 m. The width of wheelchairs
is from 0.60 m to 0.75 m. A circle of 1.50 m in diameter is a suitable guide in the
planning of wheelchair turning spaces. The comfortable reach of persons confined to
wheelchairs is from 0.70 m to 1.20 m above the floor and not less than 0.40 m from
room corners. The comfortable clearance for knee and leg space under tables for
wheelchair users is 0.70 m.

Implementing Rules and Regulations (IRR) Amendments

A. General Provisions
1. Accessible ramps
- Changes in level shall require a ramp except when served by a dropped
sidewalk, curb ramp, an elevator, or other mec in hanical device.
- Minimum clear width of 1.20 m.
- Gradient not steeper than 1:12.

2. Slip resistant materials

- shall have a Coefficient of Friction of 0.6 for level surfaces and 0.8 for sloping
surfaces (ASTM)
3. Handrails and Grab Bars
- handrails shall be required for accessible ramps for changes in grade higher than
170 mm; shall be installed at both sides of ramps and stairs
4. Parking
- Parking slots for persons with disabilities should allow enough space for a person
to transfer from a vehicle to a wheelchair.
- Accessible parking slots shall be located nearest to accessible main entrances.
 5. Signages - - - no need to explain just say this is for the blin
The International Symbol of Access shall be composed of a white symbolized figure of a person
in a wheelchair with a square background in UN Blue Color.

6. Stairs
● Uniform risers of 150 mm (maximum) and treads of 300 mm (minimum) shall be used.
● Tread surfaces shall be of slip-resistant material; nosings shall be slip resistant to further
minimize slipping.
● Slanted nosings are preferred than protruding nosings so as not to pose difficulty for
people using crutches or braces whose feet have a tendency to get caught in protruding
nosings.
● Open stringers shall be avoided.
● The leading edge of each step on both runner and riser should be
● marked with a paint or non-skid material that has a color and gray value which is in high
contrast to the gray value of the rest of the stairs.
● A tactile strip 300 mm wide shall be installed before hazardous areas such as sudden
changes in floor levels and at the top, bottom and intermediate landings of stairs; special
 care must be taken to ensure the proper mounting or adhesion of tactile strips so as not
to cause accidents.
● Handrails shall be installed at 900 mm and 700 mm above stair treads. A 300 mm long
extension of the handrail should be provided at the top and bottom, of stairs.
● Stair handrails shall be continuous throughout the entire length and extend not less than
300 mm beyond the top and bottom step.

B. Outside and Around Buildings

1. Dropped Sidewalks
- dropped sidewalks at pedestrian crossings and at the end of walkways of a
private street or access road
- width must correspond to the width of the crossing
- For crossings and walkways less than 1.50 m. in width, the base/level surface at
the bottom of the ramp shall have a minimum depth of 1.50 m. with a width
corresponding to the width of the crossing.

2. Curb Ramps
- Curb ramps shall only be allowed when it will not obstruct a sidewalk/walkway or
in any way lessen the width of a sidewalk/walkway or lessen the level/turning
area of 1.50 m x 1.50 m
- only be allowed if the width of sidewalks/walkways are more than 3.30 m with a
corresponding curb height of 150 mm, otherwise dropped sidewalks shall be
used.

3. Sidewalks and Walkways

- The gradient along the length of sidewalks/walkways should be kept as level as possible
and shall make use of slip resistant material. Slip resistant materials shall have a
Coefficient of Friction of 0.6 for level surfaces and 0.8 for sloping surfaces (ASTM).
- Whenever and wherever possible, sidewalks/walkways should have a gradient not
steeper than 1:20 or 5%.
- Sidewalks/walkways shall have a minimum width of 1.20 meters.
4. Open Spaces
- Where open spaces are provided, persons with visual impairment can become
particularly disoriented. Therefore it is extremely helpful if sidewalks/walkways or
paths can be given defined edges either through the use of planters with dwarf
 walls, or a grass verge, or similar, which provides a texture different from the
path. Tactile surfaces/markings should be provided.
- Provide Pedestrian Dominated Priority Zones in commercial complexes, to create
a feeling of safety particularly persons with disabilities.
5. Crossings
In order to reduce the exposure time to vehicular traffic, all crossings at grade shall:
- Be as perpendicular as possible to the carriageway.
- Be located at the narrowest, most convenient part of the carriageway for
mid-block crossings.
- Have a median/island of at least 1.5 m in depth, preferably 200 mm, provided as
a pedestrian refuge, where the width of carriageway to be crossed exceeds 10.0
m or at least 4 lanes.

C. INSIDE BUILDINGS AND STRUCTURES

1. Accessible Entrances
1.1 Entrances shall be accessible from arrival and departure points to the interior lobby.

1.2 One (1) entrance levels should be provided where elevators are accessible.

1.3 In case entrances are not on the same level of the site arrival grade, accessible ramps
should be provided as access to the entrance level.

1.4 Entrances with vestibules shall be provided with a level area with at least a 1.80 m. depth
and a 1.50 m. width.

1.5 In cases where frameless transparent glass doors and any other vertical transparent glass
panels are provided, such glass panels should be provided with horizontal or graphical patterns
with contrasting gray value color against adjacent and background colors, between 800 mm and
1.50 m. above the floor to prevent PWDs from bumping against it.

1.6 Accessible entrance/exit of a building shall be provided with large overhanging roof (canopy)
to protect PWDs as well as non-PWDs from rain.

2. Doors
2.1 All doors shall have a minimum clear width of 900 mm.

2.2 Clear openings shall be measured from the face of a fully open door at
90 degrees and the door jamb

2.3 Lever type locksets should be operable by a pressure or force not more than 1.0 kg; the
door closer device pressure on an interior door shall not exceed 4.0 kg.
2.4 A minimum clear level space of 1500 mm x 1500 mm shall be provided before and
extending beyond a door;

EXCEPTION: where a door shall open onto but not into a corridor, the required clear, level
space on the corridor side of the door may be a minimum of 1200 mm corridor width.

2.5 Protection should be provided from doors that swing into corridors.

2.6 Out-swinging doors should be provided at storage rooms, closets, toilets and accessible
restroom stalls.

2.7 Latching or non-latching hardware should not require wrist action or fine finger manipulation.

2.8 Lever type locksets and other hardware should be located between 20 mm and 1.06 m
above the floor; 900 mm is preferred.

2.9 Vertical pull handles, centered at 1.06 m above the floor, are preferred to horizontal pull bars
for swing doors or doors with locking devices.

2.10 Doors along major circulation routes should be provided with kick plates made of durable
materials at a height of 300 mm to 400 mm.

2.11 For doors with peepholes, provide a secondary peephole at a height of 1.1 m from the
finish floor for wheelchair users.

REFERENCES
https://www.ncda.gov.ph/disability-laws/implementing-rules-and-regulations-irr/irr-of-bp-
344/
https://uapmakati.files.wordpress.com/2007/07/bp344-comments-on-bp-344-irr-amendme
nts-complete-part-1-july-10-2013.pdf
 NATIONAL COUNCIL ON DISABILITY AFFAIRS (NCDA)

What is NCDA?
The NCDA is the national government agency mandated to formulate policies and coordinate
the activities of all agencies, whether public or private, concerning disability issues and
concerns. As such, the NCDA is the lead agency tasked to steer the course of program
development for persons with disabilities and the delivery of services to the sector.

They are responsible for monitoring the implementation of several laws to ensure the protection
of PWDs’, civil and political rights.

It has also been tasked, through Proclamation No. 125, to coordinate activities and to monitor
the observance of the Asian and Pacific Decade of Disabled Persons (1993-2002) in the
Philippines.

VISION
“All persons with disabilities are able to attain their fullest potential and to become active
contributors and participants in nation-building”

MISSION
To provide direction to all stakeholders through policy formulation, coordination, monitoring and
evaluation of all activities to “MAKE THE RIGHTS REAL” for all.

Mandate
Created by virtue of E.O. 709 under the Office of the President and by virtue E.O. 33 attached to
the Department of Social Welfare and Development. The NCDA is mandated to be the
government policy-making, planning, monitoring, coordinating and advocating for the prevention
of the causes of disability, rehabilitation and equalization of opportunities in the concept of
rights-based society for persons with disabilities and lead in the implementation of programs
and projects

Section 1. Purpose. This Executive Order shall redefine the functions and organizational
structure of the National Council for the Welfare of Disabled Persons (NCWDP) which shall be
renamed as the National Council on Disability Affairs (NCDA) and which shall be attached to the
Office of the President amending for the purpose Executive Order 676 (2007) and Executive
Order 232 (1987).

DONE in the City of Manila, Philippines, this 26th day of February in the Year of Our Lord, Two
Thousand Eight.
By the President:
EDUARDO R. ERMITA
Executive Secretary

Functions

● Formulate policies and propose legislations concerning the rights and well being of
disabled persons, and lead in the implementation of programs and services concerning
the same;
● Conduct consultative meetings and prepare symposia with all stakeholders, and
undertake program evaluation and monitoring to ensure that comprehensive, relevant
and timely programs and services are adequate and accessible to persons with
disabilities;
● Conduct researches and studies relevant to formulated policies to promote and enhance
at all levels the rights of persons with disabilities;
● Establish, develop and maintain a data bank on disability in partnership with concerned
government agencies and non-government organizations and strengthen the referral
 services to ensure availability of data to stakeholders and services to persons with
disabilities including provision of assistive devices;
● Establish and maintain linkages and networking with local and international
organizations, including organizations of and for persons with disabilities to generate
resources and to maximum utilization of existing resources and for purposes of
convergence;
● Serve as a national working body to promote and monitor implementation of national
laws and international commitments;
● Assist in the establishment of self-help organization and the setting up of specific
projects through the provision of technical and financial assistance to draw out the active
participation of persons with disabilities in the social and economic development of the
country. (Section 31, RA 7277).

SENIOR CITIZEN LAW

RA 10366 - An Act Authorizing The Commission On Elections To Establish Precincts
Assigned To Accessible Polling Places Exclusively For Persons With Disabilities And Senior
Citizens
● SEC 1. The State shall ensure that persons with disabilities and senior citizens are able
to exercise their right to political participation without discrimination or restrictions.
● SEC 3. This law guarantee the political rights Right to Participation in Electoral
Processes
○ The State shall guarantee the political rights of persons with disabilities and
senior citizens, in line with the concept of universal design,
● SEC 5. Record of Persons with Disabilities and Senior Citizens
○ The Commission shall keep an updated record of persons with disabilities
and senior citizens who are registered as voters, which indicates the types of
disability and the assistance they need, to assist it in determining policy
directions for more inclusive and accessible electoral processes.
○ The record shall be made accessible to concerned government offices,
accredited citizens’ arms, civil society monitoring groups and other
organizations which promote the rights of the persons with disabilities and senior
citizens, subject to specific guidelines the Commission may promulgate to protect
the privacy of the individuals concerned.

OTHER DISABILITY LAWS

1. REPUBLIC ACTS
a. RA 10070 – Establishing Institutional Mechanism To Ensure The Implementation
Of Programs And Services For Persons With Disabilities In Every Province, City
and Municipality, Amending Republic Act No. 7277, Otherwise Known As The
Magna Carta For Disabled Persons, As Amended, And For Other Purposes
■ Also known as the PDAO (Persons with Disability Affairs Office) Law,
signed by Gloria Macapagal-Arroyo on April 6, 2010
■ This law promotes the formation of PWD organizations in their respective
territorial jurisdictions. It mandates the creation of Persons with Disability
Affairs Office in every province, city and municipality with a PWD affairs
officer appointed by the local chief executive. This officer manages and
oversees operations of the office.
■ It also mandates the implementation of Batas Pambansa Bilang 344 or
the Accessibility Law and other relevant laws at the local level.
■ PWDs will be represented in meetings of local development councils and
other special bodies; dissemination of information on programs and
activities for PWDS, training and employment opportunities.
 b. RA 10524 – An Act Expanding The Positions Reserved For Persons With
Disability, Amending For The Purpose Republic Act No. 7277, As Amended,
Otherwise Known As The Magna Carta For Persons With Disability -clive
■ Ammending R.A. 7277
■ SECTION 1. Equal Opportunity for Employment. – Section 5 of Republic
Act No. 7277, as amended, is hereby amended to read as follows:
■ (Section 5) Equal Opportunity for Employment. – No person with disability
shall be denied access to opportunities for suitable employment. A
qualified employee with disability 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.
■ At least 1% of all positions in all government agencies, offices or
corporations shall be reserved for persons with disability. Private
corporations with more than 100 employees are encouraged to reserve at
least 1% of all positions for persons with disability
c. RA 10754 – An Act Expanding The Benefits And Privileges Of Persons With
Disability (PWD)- KRISHA
■ Approved on March 23, 2016, signed by the late President Benigno S.
Aquino III.
PWDs are entitled to at least 20% discount and exemption from the value added
tax (VAT)
■ Fees & charges discounts on restaurants, admission fees on leisure and
amusement, purchase of medicines in all drugstores, medical and dental
services, professional fees of attending doctors in all government facilities
issued by DOH in coordination w/ PhilHealth, fare for domestic air and
sea travel as well as fare for land transportation such as jeepneys, LRT, &
MRT, on funeral and burial services for the death of the PWD, educational
assistance, benefits and privileges given by GSIS, SSS, and Pag-Ibig
■ The privileges may not be claimed if the PWD claims a higher discount as
may be granted by the commercial establishment and/or under other
existing laws or in combination with other discount program/s.
The abovementioned privileges are available only to PWD who are Filipino
citizens upon submission of any of the following as proof of his/her entitlement
thereto:
● An identification card issued by the city or municipal mayor or the barangay
captain of the place where the PWD resides;
● The passport of the PWD concerned; or
● Transportation discount fare Identification Card (ID) issued by the National
Council for the Welfare of Disabled Persons (NCWDP).

d. RA 11228 – An Act Providing For The Mandatory Philhealth Coverage For All
Persons With Disability (PWDs), Amending For The Purpose Republic Act No.
7277, As Amended, Otherwise Known As The “Magna Carta For Persons With
Disability”
- Mandatory Philhealth Coverage- All PWDs are covered by the NHIP of
PHILHEALTH Insurance corporation
- PHILHEALTH shall develop exclusive packages for PWDs that will
address their specific health and developmental needs.
- The law further directs the DOH, in coordination with other relevant
government agencies and non-government organizations, to periodically
monitor and evaluate the implementation of this law and to maintain an
updated database of all persons with disability in the country
e. RA 1179 – An Act To Provide For The Promotion Of Vocational Rehabilitation Of
The Blind And Other Handicapped Persons And Their Return To Civil Employment
■ Also known as the Vocational Rehabilitation Act, approved on June 19,
1954
■ The aim of this act is to promote vocational training for the blind and other
disabled individuals to their return from helplessness to competence; from
 dependency to self-sufficiency; from hopelessness to active participating
and contributing members of society
■ It is also the goal of this act to prepare such disabled persons for suitable
employment so as to place them on the right jobs suitable to their abilities
and talents; to train them to be able to take their rightful place in the
economic and social activities of the country; and to train available to
such persons vocational rehabilitation services as a legal right.
■ In order for an individual to be eligible for vocational rehabilitation, they
must: (a) be of work age, (b) have a substantial job handicap in the form
of physical or mental impairment, (c) have a reasonably good chance of
becoming employable or of getting a more suitable job through
rehabilitation services.

f. RA 4564 – An Act Authorizing The Philippine Charity Sweepstakes Office To Hold

Annually One Special Sweepstakes Race For The Exclusive Use Of The Office Of
Vocational Rehabilitation, Social Welfare Administrations, In Its Development And
Expansion Program For The Physically Disabled Throughout The Philippines. -
JUDE
■ Approved: June 19, 1965
■ The Philippine Charity Sweepstakes Office is hereby authorized to hold
annually on special sweepstakes horse race, the whole proceeds of which
shall, after deducting the payment of the prizes and expenses, be turned
over to the Social Welfare Administration for the exclusive use of the
Office of Vocational Rehabilitation in its development and expansion
program for the physically disabled throughout the Philippines: provided,
however, that the expenditures of such proceeds shall be subject to
government accounting and/or auditing procedures and regulations in the
disbursement of public funds.
g. RA 5250 – An Act Establishing A Ten-Year Training Program For Teachers Of
Special And Exceptional Children In The Philippines And Authorizing The
Appropriation Of Funds Thereof.
■ Under the administration and supervision of the Bureau of Public Schools,
in cooperation with the University of the Philippines, the Philippine Normal
College, and the School for the Deaf and the Blind. (Amended by R.A.
No. 6067, August 4, 1969)g
■ "Special and exceptional children" - include the mentally retarded, the
crippled, the deaf and hard of hearing, the speech handicapped, the
socially and emotionally disturbed and the gifted.
■ All expenses to be incurred therefore such as tuition and other fees shall
be charged against the funds of the program and shall be disbursed by
the Director of Public Schools.
■ SECTION 5. Setting up of pilot classes, for special and exceptional
children in regular schools (with the end goal of integrating the students
into the regular school program and with socialization).
■ SECTION 6. A number of scholarships shall be created every year for ten
year for prospective teachers who shall undertake the training courses
■ SECTION 8. The sum of three hundred fifty thousand pesos is hereby
authorized to be appropriated out of any funds in the National Treasury
not otherwise appropriated to carry out the provisions of this Act for the
fiscal year nineteen hundred and sixty-eight.
■ Approved, June 15, 1968
h. RA 6759 – An Act Declaring August One Of Each Year As White Cane Safety
Day In The Philippines And For Other Purposes (Marco)
■ White Cane Act
■ “promote and protect the physical, moral, and social well-being of all
handicapped persons, such as the blind, and to undertake studies on
specific causes of the high percentage of blind people in the Philippines.”
 ■ “‘white cane’ as a symbol of the need of the blind for specific assistance
and as a reminder of the individual’s duty to care for and accord due
respect to his unfortunate brethren.”
■ approved: September 18, 1989 & signed by President Corazon Aquino.
i. RA 7277 – An Act Providing For The Rehabilitation, Self-Development And
Self-Reliance Of Disabled Person And Their Integration Into The Mainstream Of
Society And For Other Purposes.
j. RA 9442 – 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, July 24th, 2006, approved on April 30th, 2007

Sec. 32. Persons with disability shall be entitled to the following:

a. At least 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;
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 or enjoyment of persons with disability;
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;
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 theDepartment of Health (DOH), in coordination with the Philippine Health
Insurance Corporation (PHILHEALTH);
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;
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;
g. At least twenty percent (20%) discount in public railways, skyways, and bus fare or the
exclusive use and enjoyment of persons with disability;
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 materials, and uniform allowance to the extent feasible: Provided, That persons
with disability shall meet minimum admission requirements;
i. To the extent practicable and feasible, the continuance of the same benefits and
privileges given by the Government Service Insurance System (GSIS), Social Security
System (SSS), and PAG- IBIG, as the case may be, as are enjoyed by those in actual
service;
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 Agriculture (DA); and
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.
 Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila

Fifth Regular Session

BEGUN AND HELD IN METRO MANILA, ON MONDAY, THE TWENTY-

SECOND DAY OF JULY, NINETEEN HUNDRED AND NINETY-ONE.

Republic Act No. 7277

AN ACT PROVIDING FOR THE REHABILITATION, SELF-DEVELOPMENT

AND SELF-RELIANCE OF DISABLED PERSON AND THEIR INTEGRATION
INTO THE MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES.

Be it enacted by the Senate and the House of Representatives of the Philippines

in Congress assembled:

TITLE ONE – GENERAL PROVISIONS

CHAPTER I – Basic Principle

SECTION 1. Title – This Act shall be known and cited as the “Magna
Carta for Disabled Persons”.

SECTION 2. Declaration of Polity – The grant of the rights and

privileges for disabled persons shall be guided by the following principles:

(a). Disabled persons are part of the Philippine society, thus the Senate
shall give full support to the improvement of the total well-being of
disabled persons and their integration into the mainstream of society.
Toward this end, the State shall adopt policies ensuring the
rehabilitation, self-development and self-reliance of disabled persons.
It shall develop their skills and potentials to enable them to compete
favorably for available opportunities.

(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-government
organizations. Disabled person’s rights must never be perceived as
welfare services 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 be expanded beyond the traditional urban-based centers to
community based programs, that will ensure full participation of
different sectors as supported by national and local government
agencies.

(d). The State also recognizes the role of the private sector in promoting
the welfare of disabled persons and shall encourage partnership in
programs that address their needs and concerns.

(e). To facilitate integration of disabled persons into the mainstream of

society, the State shall advocate for and encourage respect for
disabled persons. The State shall exert all efforts to remove all
social, cultural, economic, environmental and attitudinal barriers that
are prejudicial to disabled persons.

SECTION 3. Coverage – This Act shall covers all disabled persons and,
to the extend herein provided, departments, offices and agencies of the National
Government or non-government organization involved in the attainment of the
objectives of this Act.

SECTION 4. Definition of Terms – For purposes of this Act, these

terms are defined as follows:

(a). Disabled Persons are 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;

(b). Impairment is any loss, diminution or aberration of psychological,

physiological, or anatomical structure of function;

(c). Disability – shall mean (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;

(d). Handicap – 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;
(e). Rehabilitation – is 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;

(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 to single out and exclude disabled
persons and which distort roles and interpersonal relationship;

(g). Auxiliary Aids and Services include:

1) qualified interpreters or other effective methods of delivering
materials to individuals with hearing impairments;
2) qualified readers, taped tests, or other effective methods of
delivering materials to 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
services that facilitate the learning process of people with
mental disability;

(h). Reasonable Accommodation include (1) improvement of existing

facilities used by employees in order 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 provisions of auxiliary aids and services,
and other similar accommodations for disabled persons;

(i). Sheltered Employment refers to the provision of productive work for

disabled persons through workshop providing special facilities,
income producing projects or homework schemes with a view to
given them the opportunity to earn a living thus enabling them to
acquire a working capacity required in open industry.

(j). Auxiliary Social Services are the supportive activities in the delivery
of social services to the marginalized sectors of society;

(k). Marginalized Disabled Persons 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;
 (l). Qualified Individual with a Disability 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;

(m). Readily Achievable means a goal can be easily attained and carried
out without much difficulty or expense. In determining whether an
action is readily achievable, factors to be considered include –

1) the nature and cost of the action;

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;

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

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;

(n). Public Transportation means transportation by air, land and sea that
provides the public with general or special service on a regular and
continuing basis;

(o). Covered entity means employer, employment agency, labor

organization or joint labor-management committee; and

(p). Commerce shall be taken to mean a s travel, trade, traffic,

commerce, transportation, or communication among the provinces or
between any foreign country or any territory or possession and any
province.

TITLE TWO – RIGHTS AND PRIVILEGES OF DISABLED PERSONS

CHAPTER I - Employment
 SECTION 5. Equal Opportunity for Employment – No disabled
persons shall be denied access to opportunities for suitable 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 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.

SECTION 6. Sheltered Employment – 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. 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.

SECTION 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 to effectively impede the
performance of job operations in the particular occupation for which they are
hired; Provided, further, That after the lapse of the period of apprenticeship if
found satisfactory in the job performance, they shall be eligible for employment.

SECTION 8. Incentives for Employer – (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.

(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: Provided, however,
That such entities present proof as certified by the Department of
Labor and Employment that disabled person are under their employ.
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.

(c). Private entities that improved 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. This section, however, does not
 apply to improvements or modifications of facilities required under
Batas Pambansa Bilang 344.

SECTION 9. Vocational Rehabilitation – 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.

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 cooperation and coordination between the government
and non-government organization and other private entities engaged in
vocational rehabilitation activities.

The Department of Social Welfare and Development 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 Labor and Employment shall likewise design
and conduct training programs geared towards providing disabled persons with
skills for livelihood.

SECTION 10. Vocational Guidance and Counselling – The

Department of Social Welfare and Development shall implement measures
providing and evaluating vocational guidance and counselling to enable disabled
persons to secure, retain and advance in employment. It shall ensure the
availability and training counsellors and other suitability qualified staff responsible
for the vocational guidance and counselling of disabled persons.

SECTION 11. Implementing Rules and Regulations – The Department

of Labor and Employment 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 Chapter.

CHAPTER 2 - Education

SECTION 12. Access to Quality Education – The State shall ensure

that disabled persons are provided with adequate access to quality education
and ample opportunities to develop their skills. It shall take appropriate steps to
make such education accessible to all disabled persons. 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.
 The State shall take into consideration the special requirements of
disabled persons in the formulation of education policies and program. 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.

The State shall also promote the provision by learning institutions, of

auxiliary services that will facilitate the learning process for disabled persons.

SECTION 13. Assistance to Disabled Students – The State shall

provide financial assistance to economically marginalized but deserving disabled
students pursuing post secondary or tertiary education. 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. At
least five percent (5%) of the allocation for the Private Education Student
Financial Assistance Program created by virtue of R.A. 6725 shall be set aside
for disabled students pursuing vocational or technical and degree courses.

SECTION 14. Special Education – 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. Towards this end, the
Department of Education, Culture and Sports 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. 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.

SECTION 15. Vocational or Technical and Other Training Programs –

The State provide disabled persons with training in civics, vocational efficiency,
sports and physical fitness, and other skills. The Department 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
program for disabled persons. It shall develop and implement sports and
physical fitness program specifically designed for disabled persons taking into
consideration the nature of their handicap.

SECTION 16. Non-Formal Education – The State shall develop non-

formal education programs intended for the total human development of disabled
persons. It shall provide adequate resources for non-formal education programs
and projects that cater to the special needs of disabled persons.

SECTION 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 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. 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.

CHAPTER 3 - Health

SECTION 18. National Health Program – The Department of Health, in

coordination with 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.

SECTION 19. Rehabilitation Centers – The Department of Health shall

establish medical rehabilitation centers in government provincial hospitals, and
shall include it annual appropriation the necessary funds for the operation of such
centers.

The Department of Health shall formulate and implement a program to

enable marginalized disabled persons to avail of free rehabilitation services in
government hospitals.

SECTION 20. Health Services – 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.

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 counselling; and early
detection of disability and timely intervention to arrest disabling
condition; and
 (b). medical treatment and rehabilitation.

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. 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 – Auxiliary Social Services

SECTION 21. Auxiliary Social Services – 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. 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. The components of such a program 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 improved

functional limitations of disabled persons related to communications
skills;

(c). development among disabled persons of a positive self-image

through the provision of counselling, 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 center; and

(g). provision of day care services for disabled children of pre-school age.
 CHAPTER 5 - Telecommunications

SECTION 22. Broadcast Media – Television stations shall be

encouraged to provide a sign language inset or subtitles in at least one (1)
newscast program a day and special program covering events of national
significance.

SECTION 23. Telephone Services – 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.

SECTION 24. Free Postal Charges for the Disabled – Postal charges
shall be free on the following:

(a). article and literature 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; and

(b). aids and orthopedic devices for the disabled sent abroad by mail for
repair;

Provided, That the aforesaid items are for personal purposes only:
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.

CHAPTER 6 - Accessibility

SECTION 25. Barrier-Free Environment – 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”.
The national and local government shall allocate funds for the provision of
architectural or structural features for disabled persons in government buildings
and facilities.

SECTION 26. Mobility – The State promote the mobility of disabled

persons. 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.
 SECTION 27. Access to Public Transport Facilities – 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.

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.

The “Accessibility Law,” as amended, shall be made supplementary to this

Act.

SECTION 28. Implementing Rules and Regulations – The Department

of Transportation and Communications shall formulate the rules and regulations
necessary to implement the provision of this Chapter.

CHAPTER 7 – Political and Civil Rights

SECTION 29. System of Voting – 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.

Polling places should be made accessible to disabled persons during the

national or local elections.

SECTION 30. Right to Assemble – 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.

SECTION 31. Right to Organize – The State 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 providing 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 disabled persons. National line agencies and local government units
shall assist disabled persons in setting up specific projects that will be managed
like business propositions.

To ensure the active participation of disabled persons in the social

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.

Organizations of disabled persons shall participate in the identification and

preparation of programs that shall serve to develop employment opportunities for
the disabled persons.

TITLE THREE – PROHIBITION ON DISCRIMINATION

AGAINST DISABLED PERSONS

CHAPTER 1 – Discrimination on Employment

SECTION 32. Discrimination on Employment – 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. The following constitute acts of
discrimination:

(a). Limiting, segregating or classifying a disabled job applicant in such a

manner that adversely affects his work opportunities;

(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 on question and are consistent with business
necessity;

(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;

(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;
 (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;

(f). Re-assigning or transferring a disabled employee to 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 satisfactory performance of the work involve to the prejudice of
the business entities; Provided, however, That the employer first
sought provide reasonable accommodations for disabled persons;

(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

(i). Excluding disabled persons from membership in labor unions or

similar organization.

SECTION 33. Employment Entrance 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 to such an examination

regardless of disability;

(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 my 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.
 CHPTER 2 – Discrimination on Transportation

SECTION 34. Public Transportation – 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 3 – Discrimination on the Use of Public

Accommodations and Services

SECTION 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
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.

SECTION 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 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. The following
constitute acts of discrimination:

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;

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; and

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;

For purpose of this section, 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.

(b). Integrated Settings – 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.

(c). Opportunity to Participate – Not withstanding 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.

(d). Association – 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.

(e). Prohibitions – For purposes of this Section, the following shall be

considered as discriminatory.

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;

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 modification would
fundamentally alter the nature of the goods, facilities, services,
privileges, advantages, or accommodations;

3). Failure to take steps as may be necessary to ensure that no

individual with 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 or would result in undue burden;

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

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.
 SECTION 37. Use of Government Recreational or Sports Centers
Free of Charge – Recreational or sports centers owned or operated by the
Governent shall be used, free of charge, by marginalized disabled persons
during their social, sports or recreation activities.

SECTION 38. Implementing Rules and Regulations – The Department

of Public Works and Highway shall formulate the rules and regulations necessary
to implement the provisions of this Chapter.

TITLE FOUR – FINAL PROVISIONS

SECTION 39. Housing Program – The National Government shall take

into consideration in its national shelter programs the special housing
requirement of disabled persons.

SECTION 40. Role of National Agencies and Local Government Units

– 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.

SECTION 41. Support From Non-government Organizations – 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, program and projects is to be extended all possible support by the
Government.

The Government shall sponsor a volunteer service program which shall

harness the involvement of private individual in the provision of assistance to
disabled persons.

SECTION 42. Tax Incentives – (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 form 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.
 (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.

(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 free.

SECTION 43. Continuity Clause – Should any department or agency

tasked with the enforcement or formulation of rules and regulations and
guidelines for implementation of any provisions of this 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.

SECTION 44. Enforcement by the Secretary of Justice –

(a). Denial of Right

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.

(b). Potential Violations – 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 of 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.

SECTION 45. Authority of Court – 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.
 SECTION 46. Penal Clause – (a) Any person who violates any provision
of this Act shall suffer the following penalties:

1). for the first violation, a fine of not less than Fifty thousand pesos
(P 50,000.00) but not exceeding One hundred thousand pesos
(P 100,000.00) or imprisonment of not less than six (6) months
but not more than two (2) years, or both at the discretion of the
court; and

2). for any subsequent violation, a fine of not less than One
hundred thousand pesos (P 100,000.00) but not exceeding Two
hundred thousand pesos (P 200,000.00) or imprisonment for
less than two (2) years but not more than six (6) years, or both
at the discretion of the court.

(b). Any person who abuses the privileges granted herein shall be
punished with imprisonment of not less than six (6) months or a fine
of not less than Five thousand pesos (P 5,000.00) but not more than
Fifty thousand pesos (P 50,000.00), or both, at the discretion of the
court.

(c). If the violator is a corporation, organization or any similar entity, the

officials thereof directly involved shall be liable therefor.

(d). If the violator is an alien or a foreigner, he shall be deported

immediately after service of sentence without further deportation
proceedings.

SECTION 47. Appropriations – 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.

SECTION 48. Separability Clause – 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.

SECTION 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.

SECTION 50. Effectivity – This Act shall take effect fifteen (15) days
after its publication in any two (2) newspaper of general circulation.
Approved:

Signed) (Signed)
RAMON V. MITRA NEPTALI A. GONZALES
Speaker of the House President of the Senate

This bill which is 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.

(Signed) (Signed)
CAMILO L. SABIO ANACLETO D. BADOY, JR.
House of Representatives Secretary of the Senate

Approved: March 24, 1992

(Signed)
CORAZON C. AQUINO
President of the Philippines