MAGNA CARTA FOR DISABLED PERSONS
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MAGNA CARTA FOR DISABLED PERSONS
Republic Act No. 7277
March 24, 1992
Case Overview and Summary
Summary of the Magna Carta for Disabled PersonsBasic Principles (Sections 1-4)
• Declares the rights and privileges for disabled persons based on principles of inclusion, equal opportunity, rehabilitation, and removal of barriers.
• Defines key terms such as "disabled persons", "impairment", "disability", "handicap", "rehabilitation", "social barriers", "auxiliary aids and services", "reasonable accommodation", "sheltered employment", "auxiliary social services", "marginalized disabled persons", "qualified individual with a disability", "readily achievable", "public transportation", "covered entity", and "commerce".
• Covers all disabled persons and government/non-government organizations involved in achieving the objectives of the Act.
Employment (Sections 5-11)
• Prohibits discrimination against qualified disabled persons in employment (Section 5).
• Reserves 5% of casual, emergency, and contractual positions in certain government agencies for disabled persons (Section 5).
• Provides for sheltered employment if open employment is not suitable (Section 6).
• Allows disabled persons to be apprentices or learners, subject to the Labor Code (Section 7).
• Offers incentives to private entities employing disabled persons, such as additional deductions from gross income (25% of salaries paid to disabled employees) and deductions for improving facilities to accommodate disabled persons (50% of direct costs) (Section 8).
• Mandates vocational rehabilitation measures to develop skills and enable disabled persons to compete for employment (Section 9).
• Requires provision of vocational guidance and counseling services (Section 10).
• Directs the Department of Labor and Employment, in coordination with other agencies, to issue implementing rules and regulations (Section 11).
Education (Sections 12-17)
• Ensures access to quality education and ample opportunities to develop skills for disabled persons, prohibiting denial of admission due to disability (Section 12).
• Provides financial assistance (e.g., scholarships, student loans, subsidies) to economically marginalized but deserving disabled students pursuing post-secondary or tertiary education, with at least 5% of the allocation for the Private Education Student Financial Assistance Program set aside for disabled students (Section 13).
• Establishes a complete and integrated system of special education for various types of exceptional children, including special education classes in public schools and Braille and Record Libraries (Section 14).
• Requires vocational, technical, sports, and physical fitness training programs specifically designed for disabled persons (Section 15).
• Develops non-formal education programs for the total human development of disabled persons (Section 16).
• Mandates state universities and colleges to develop materials, training resources, research, and include Special Education for Disabled (SPED) courses in their curricula (Section 17).
Health (Sections 18-20)
• Institutes a national health program aimed at prevention of disability, early diagnosis, and early rehabilitation (Section 18).
• Establishes medical rehabilitation centers in government provincial hospitals and provides free rehabilitation services for marginalized disabled persons (Section 19).
• Ensures the right to health of disabled persons through an integrated and comprehensive approach, including prevention, early detection, medical treatment, and rehabilitation (Section 20).
Auxiliary Social Services (Section 21)
• Provides auxiliary social services to marginalized disabled persons to restore their social functioning and participation, including assistance in acquiring prosthetic devices, specialized training, counseling, family care services, substitute family care, after-care services, and day care services for disabled children.
Telecommunications (Sections 22-24)
• Encourages television stations to provide sign language insets or subtitles in at least one newscast program per day and special programs covering events of national significance (Section 22).
• Encourages telephone companies to install special telephone devices for the hearing-impaired (Section 23).
• Exempts postal charges on articles, literature, orthopedic devices, teaching aids, and aids/devices sent by mail within the Philippines and abroad for personal use or repair by marginalized disabled persons (Section 24).
Accessibility (Sections 25-28)
• Ensures a barrier-free environment to enable access for disabled persons in public and private buildings and establishments, as per the Accessibility Law (Section 25).
• Allows disabled persons to drive motor vehicles, subject to rules and regulations by the Land Transportation Office (Section 26).
• Develops a program to assist marginalized disabled persons in accessing public transport facilities, which may include subsidized transportation fares (Section 27).
• Directs the Department of Transportation and Communications to issue implementing rules and regulations (Section 28).
Political and Civil Rights (Sections 29-31)
• Allows disabled persons to be assisted by a person of their choice in voting, with safeguards to ensure the secrecy of the ballot (Section 29).
• Recognizes the right of disabled persons to participate in public assemblies and demonstrations (Section 30).
• Recognizes the right of disabled persons to form organizations that promote their welfare, with the government providing technical and financial assistance (Section 31).
Prohibition on Discrimination (Sections 32-38)
• Prohibits discrimination against qualified disabled persons in employment, including in job application procedures, hiring, promotion, discharge, compensation, training, and other terms and conditions (Section 32).
• Outlines acts constituting discrimination in employment, such as limiting opportunities, using discriminatory qualification standards, providing less compensation, favoring non-disabled employees, reassigning to unsuitable jobs, dismissing due to disability without reasonable accommodation, failing to administer effective employment tests, and excluding from labor unions (Section 32).
• Allows medical examinations of disabled applicants under certain conditions (Section 33).
• Prohibits discrimination in public transportation by charging higher fares or refusing to convey disabled passengers and their belongings (Section 34).
• Defines public accommodations and services (Section 35).
• Prohibits discrimination in the full and equal enjoyment of public accommodations and services, including denying opportunities, providing separate or unequal accommodations, failing to make reasonable modifications, failing to remove barriers, and failing to provide auxiliary aids and services (Section 36).
• Allows marginalized disabled persons to use government recreational or sports centers free of charge during their activities (Section 37).
• Directs the Department of Public Works and Highways to issue implementing rules and regulations (Section 38).
Final Provisions (Sections 39-50)
• Requires consideration of special housing requirements for disabled persons in the national shelter program (Section 39).
• Promotes the establishment of organizations of disabled persons by local government units and encourages joint ventures with such organizations for livelihood opportunities (Section 40).
• Encourages non-government organizations and private volunteer organizations to become partners in implementing vocational rehabilitation measures and other programs for disabled persons (Section 41).
• Provides tax incentives for donations, bequests, subsidies, or financial aid to government agencies and organizations of disabled persons, exemptions for donations from foreign countries, and incentives for local manufacturing of technical aids and appliances used by disabled persons (Section 42).
• Includes a continuity clause to ensure enforcement and formulation of rules and regulations in case of abolition, merger, or modification of responsible departments or agencies (Section 43).
• Authorizes the Secretary of Justice to investigate alleged violations, commence legal actions, and seek equitable relief from courts (Sections 44-45).
• Imposes penalties for violations, including fines ranging from ₱50,000 to ₱200,000 and/or imprisonment from 6 months to 6 years, depending on the number of violations (Section 46).
• Requires appropriations to carry out the provisions of the Act (Section 47).
• Includes a separability clause (Section 48) and a repealing clause for inconsistent laws, decrees, orders, and regulations (Section 49).
• Sets the effectivity date 15 days after publication in two newspapers of general circulation (Section 50).
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MAGNA CARTA FOR DISABLED PERSONS
Republic Act No. 7277
•March 24, 1992
[ REPUBLIC ACT NO. 7277, March 24, 1992 ]
AN ACT PROVIDING FOR THE REHABILITATION, SELF-DEVELOPMENT AND SELF-RELIANCE OF DISABLED PERSONS AND THEIR INTEGRATION INTO THE MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
TITLE ONE - GENERAL PROVISIONS
CHAPTER 1 - Basic Principle
SECTION 1. Title. - This Act shall be known and cited as the "Magna Carta for Disabled Persons".
SEC. 2. Declaration of Policy. - The grant of the rights and privileges for disabled persons shall be guided by the following principles:
Disabled persons are part of Philippine society, thus the State 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.
Disabled persons have the same rights as other people to take their proper place in...
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