MALACAÑANG

Manila

PRESIDENTIAL DECREE No. 603

THE CHILD AND YOUTH WELFARE CODE

I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers

vested in me by the Constitution, do hereby order and decree the following:

TITLE I
GENERAL PRINCIPLES

Article 1. Declaration of Policy. - The Child is one of the most important assets of the
nation. Every effort should be exerted to promote his welfare and enhance his
opportunities for a useful and happy life.

The child is not a mere creature of the State. Hence, his individual traits and aptitudes
should be cultivated to the utmost insofar as they do not conflict with the general
welfare.

The molding of the character of the child starts at the home. Consequently, every
member of the family should strive to make the home a wholesome and harmonious
place as its atmosphere and conditions will greatly influence the child's development.

Attachment to the home and strong family ties should be encouraged but not to the
extent of making the home isolated and exclusive and unconcerned with the interests
of the community and the country.

The natural right and duty of parents in the rearing of the child for civic efficiency
should receive the aid and support of the government.

Other institutions, like the school, the church, the guild, and the community in
general, should assist the home and the State in the endeavor to prepare the child for
the responsibilities of adulthood.

Article 2. Title and Scope of Code. - The Code shall be known as the Child and Youth
Welfare Code. It shall apply to persons below twenty-one years of age except those
emancipated in accordance with law. "Child" or "minor" or "youth" as used in this
Code, shall refer to such persons.

Article 3. Rights of the Child. - All children shall be entitled to the rights herein set
forth without distinction as to legitimacy or illegitimacy, sex, social status, religion,
political antecedents, and other factors.

(1) Every child is endowed with the dignity and worth of a human being from the
moment of his conception, as generally accepted in medical parlance, and has,
therefore, the right to be born well.
(2) Every child has the right to a wholesome family life that will provide him with
love, care and understanding, guidance and counseling, and moral and material
security.

The dependent or abandoned child shall be provided with the nearest substitute for a
home.

(3) Every child has the right to a well-rounded development of his personality to the
end that he may become a happy, useful and active member of society.

The gifted child shall be given opportunity and encouragement to develop his special
talents.

The emotionally disturbed or socially maladjusted child shall be treated with

sympathy and understanding, and shall be entitled to treatment and competent care.

The physically or mentally handicapped child shall be given the treatment, education
and care required by his particular condition.

(4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter,
proper medical attention, and all the basic physical requirements of a healthy and
vigorous life.

(5) Every child has the right to be brought up in an atmosphere of morality and
rectitude for the enrichment and the strengthening of his character.

(6) Every child has the right to an education commensurate with his abilities and to
the development of his skills for the improvement of his capacity for service to
himself and to his fellowmen.

(7) Every child has the right to full opportunities for safe and wholesome recreation
and activities, individual as well as social, for the wholesome use of his leisure hours.

(8) Every child has the right to protection against exploitation, improper influences,
hazards, and other conditions or circumstances prejudicial to his physical, mental,
emotional, social and moral development.

(9) Every child has the right to live in a community and a society that can offer him an
environment free from pernicious influences and conducive to the promotion of his
health and the cultivation of his desirable traits and attributes.

(10) Every child has the right to the care, assistance, and protection of the State,
particularly when his parents or guardians fail or are unable to provide him with his
fundamental needs for growth, development, and improvement.

(11) Every child has the right to an efficient and honest government that will deepen
his faith in democracy and inspire him with the morality of the constituted authorities
both in their public and private lives.
(12) Every child has the right to grow up as a free individual, in an atmosphere of
peace, understanding, tolerance, and universal brotherhood, and with the
determination to contribute his share in the building of a better world.

Article 4. Responsibilities of the Child. - Every child, regardless of the circumstances

of his birth, sex, religion, social status, political antecedents and other factors shall:

(1) Strive to lead an upright and virtuous life in accordance with the tenets of his
religion, the teachings of his elders and mentors, and the biddings of a clean
conscience;

(2) Love, respect and obey his parents, and cooperate with them in the strengthening
of the family;

(3) Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, and
endeavor with them to keep the family harmonious and united;

(4) Exert his utmost to develop his potentialities for service, particularly by
undergoing a formal education suited to his abilities, in order that he may become an
asset to himself and to society;

(5) Respect not only his elders but also the customs and traditions of our people, the
memory of our heroes, the duly constituted authorities, the laws of our country, and
the principles and institutions of democracy;

(6) Participate actively in civic affairs and in the promotion of the general welfare,
always bearing in mind that it is the youth who will eventually be called upon to
discharge the responsibility of leadership in shaping the nation's future; and

(7) Help in the observance of individual human rights, the strengthening of freedom
everywhere, the fostering of cooperation among nations in the pursuit of their
common aspirations for programs and prosperity, and the furtherance of world peace.

Article 5. Commencement of Civil Personality. - The civil personality of the child

shall commence from the time of his conception, for all purposes favorable to him,
subject to the requirements of Article 41 of the Civil Code.

Article 6. Abortion. - The abortion of a conceived child, whether such act be

intentional or not, shall be governed by the pertinent provisions of the Revised Penal
Code.

Article 7. Non-disclosure of Birth Records. - The records of a person's birth shall be

kept strictly confidential and no information relating thereto shall be issued except on
the request of any of the following:

(1) The person himself, or any person authorized by him;

(2) His spouse, his parent or parents, his direct descendants, or the guardian or
institution legally in-charge of him if he is a minor;
 (3) The court or proper public official whenever absolutely necessary in
administrative, judicial or other official proceedings to determine the identity
of the child's parents or other circumstances surrounding his birth; and

(4) In case of the person's death, the nearest of kin.

Any person violating the prohibition shall suffer the penalty of imprisonment of at
least two months or a fine in an amount not exceeding five hundred pesos, or both, in
the discretion of the court.

Article 8. Child's Welfare Paramount. - In all questions regarding the care, custody,
education and property of the child, his welfare shall be the paramount consideration.

Article 9. Levels of Growth. - The child shall be given adequate care, assistance and
guidance through his various levels of growth, from infancy to early and later
childhood, to puberty and adolescence, and when necessary even after he shall have
attained age 21.

Article 10. Phases of Development. - The child shall enjoy special protection and
shall be given opportunities and facilities, by law and by other means, to ensure and
enable his fullest development physically, mentally, emotionally, morally, spiritually
and socially in a healthy and normal manner and in conditions of freedom and dignity
appropriate to the corresponding developmental stage.

Article 11. Promotion of Health. - The promotion of the Child's health shall begin
with adequate pre-natal and post-natal care both for him and his mother. All
appropriate measures shall be taken to insure his normal total development.

It shall be the responsibility of the health, welfare, and educational entities to assist
the parents in looking after the health of the child.

Article 12. Education. - The schools and other entities engaged in non-formal

education shall assist the parents in providing the best education for the child.

Article 13. Social and Emotional Growth. - Steps shall be taken to insure the child's
healthy social and emotional growth. These shall be undertaken by the home in
collaboration with the schools and other agencies engaged in the promotion of child
welfare.

Article 14. Morality. - High moral principles should be instilled in the child,

particularly in the home, the school, and the church to which he belongs.

Article 15. Spiritual Values. - The promotion of the child's spiritual well-being

according to the precepts of his religion should, as much as possible, be encouraged
by the State.

Article 16. Civic Conscience. - The civic conscience of the child shall not be
overlooked. He shall be brought up in an atmosphere of universal understanding,
tolerance, friendship, and helpfulness and in full consciousness of his responsibilities
as a member of society.
Reference:

P.D. No. 603 (lawphil.net)

REPUBLIC ACT NO. 9442             April 30, 2007

AN ACT AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS

THE "MAGNA CARTA FOR DISABLED PERSONS, AND FOR OTHER
PURPOSES"

Be it enacted by the Senate and House of Representatives of the Philippine Congress

Assembled:

SECTION 1. A new chapter, to be denominated as "Chapter 8. Other Privileges and

Incentives" is hereby added to Title Two of Republic Act No. 7277, otherwise known
as the "Magna Carta for Disabled Persons", with new Sections 32 and 33, to read as
follows:

"CHAPTER 8. Other Privileges and Incentives

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

(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;

(b) A minimum of twenty percent (20%) discount on admission fees charged by the
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 the Department 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
for 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.

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 the barangay captain
of the place where the person 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) .

The privileges may not be claimed if the persons with disability 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 establishments may claim the discounts granted in sub-sections (a) , (b) , (c) , (e) ,
(f) and (g) as tax deductions based on the net cost of the goods sold or services
rendered: provided, however, That the cost of the discount shall be allowed as
deduction from gross income for the same taxable year that the discount is
granted: provided, further, That the total amount of the claimed tax deduction net of
value-added tax if applicable, shall be Included in their gross sales receipts for tax
purposes and shall be subject to proper documentation and to the provisions of the
National Internal Revenue Code (NIRC) , as amended."

"SEC. 33. Incentives. - Those caring for and living with a person with disability shall
be granted the following incentives;

(a) persons with disability shall be treated as dependents under 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; and

(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."

SEC. 2. Republic Act No. 7277 is hereby amended by inserting a new title, chapter
and section after Section 38 to be denominated as Title 4, chapters 1 and 2 and
Sections 39, 40, 41 and 42 to read as follows:

"Title Four

Prohibitions on Verbal, Non-verbal Ridicule and VilificationAgainst Persons with

Disability

"CHAPTER 1. Deliverance from Public Ridicule.

"SEC. 39. Public Ridicule . - For purposes of this Chapter, public ridicule shall be
defined as an act of making fun or contemptuous initiating or making mockery of
persons with disability whether in writing or in words, or in action due to their
impairment/s.
"SEC. 40. 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.

"CHAPTER 2. Deliverance from Vilification

"SEC. 41. Vilification. - 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. 42. 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. 3. Section 46 of Republic Act No. 7277 is hereby amended to read as follows:

"SEC. 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 (P50,000.00) but
not exceeding One hundred thousand pesos (P100,000.00) or imprisonment of not less
than six months but not more than two 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
(P100,000.00) but not exceeding Two hundred thousand pesos (P200,000.00) or
imprisonment for not less than two years but not more than six 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 months or a fine of not less than Five thousand
pesos (P5,000.00) , but not more than Fifty thousand pesos (P50,000.00) , or both, at
the discretion of the court.

(c) If the violator is a corporation organization or any similar entity, the officials
thereof directly involved shall be liable therefore.

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

service of sentence without further deportation proceedings.

Upon filing of an appropriate complaint, and after 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."
Sec. 4. 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. 5. The Department of Social Welfare and Development, the National Council
for the Welfare of Disabled Persons, and the Bureau of Internal Revenue, in
consultation with the concerned Senate and House committees and other agencies,
organizations, establishments shall formulate an agencies, organizations,
establishments shall formulate an implementing rules and regulations pertinent to the
provisions of this Act within six months after the effectivity of this Act.

SEC. 6. This Act shall take effect fifteen (15) days after its publication in any two
newspapers of general circulation.

Approved,

JOSE DE VENECIA JR. MANNY VILLAR

Speaker of the House of President of the Senate
Representatives

This Act which is a consolidation of Senate Bill No. 2580 and House Bill No. 1214
was finally passed by the Senate and the House of Representatives on February 8,
2007 and February 7, 2007, respectively.

ROBERTO P. NAZARENO OSCAR G. YABES

Secretary General Secretary of Senate
House of Represenatives

Approved: April 30, 2007

GLORIA MACAPAGAL-ARROYO
President of the Philippines

REPUBLIC ACT No. 10533

AN ACT ENHANCING THE PHILIPPINE BASIC EDUCATION SYSTEM BY
STRENGTHENING ITS CURRICULUM AND INCREASING THE NUMBER
OF YEARS FOR BASIC EDUCATION, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES

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

Congress assembled:

Section 1. Short Title. — This Act shall be known as the "Enhanced Basic Education
Act of 2013″.

Section 2. Declaration of Policy. — The State shall establish, maintain and support a

complete, adequate, and integrated system of education relevant to the needs of the
people, the country and society-at-large.

Likewise, it is hereby declared the policy of the State that every graduate of basic
education shall be an empowered individual who has learned, through a program that
is rooted on sound educational principles and geared towards excellence, the
foundations for learning throughout life, the competence to engage in work and be
productive, the ability to coexist in fruitful harmony with local and global
communities, the capability to engage in autonomous, creative, and critical thinking,
and the capacity and willingness to transform others and one’s self.

For this purpose, the State shall create a functional basic education system that will
develop productive and responsible citizens equipped with the essential competencies,
skills and values for both life-long learning and employment. In order to achieve this,
the State shall:

(a) Give every student an opportunity to receive quality education that is globally
competitive based on a pedagogically sound curriculum that is at par with
international standards;

(b) Broaden the goals of high school education for college preparation, vocational and
technical career opportunities as well as creative arts, sports and entrepreneurial
employment in a rapidly changing and increasingly globalized environment; and

(c) Make education learner-oriented and responsive to the needs, cognitive and
cultural capacity, the circumstances and diversity of learners, schools and
communities through the appropriate languages of teaching and learning, including
mother tongue as a learning resource.

Section 3. Basic Education. — Basic education is intended to meet basic learning

needs which provides the foundation on which subsequent learning can be based. It
encompasses kindergarten, elementary and secondary education as well as alternative
learning systems for out-of-school learners and those with special needs.

Section 4. Enhanced Basic Education Program. — The enhanced basic education

program encompasses at least one (1) year of kindergarten education, six (6) years of
elementary education, and six (6) years of secondary education, in that sequence.
Secondary education includes four (4) years of junior high school and two (2) years of
senior high school education.

Kindergarten education shall mean one (1) year of preparatory education for children
at least five (5) years old as a prerequisite for Grade I.

Elementary education refers to the second stage of compulsory basic education which
is composed of six (6) years. The entrant age to this level is typically six (6) years old.

Secondary education refers to the third stage of compulsory basic education. It

consists of four (4) years of junior high school education and two (2) years of senior
high school education. The entrant age to the junior and senior high school levels are
typically twelve (12) and sixteen (16) years old, respectively.

Basic education shall be delivered in languages understood by the learners as the

language plays a strategic role in shaping the formative years of learners.

For kindergarten and the first three (3) years of elementary education, instruction,
teaching materials and assessment shall be in the regional or native language of the
learners. The Department of Education (DepED) shall formulate a mother language
transition program from Grade 4 to Grade 6 so that Filipino and English shall be
gradually introduced as languages of instruction until such time when these two (2)
languages can become the primary languages of instruction at the secondary level.

For purposes of this Act, mother language or first Language (LI) refers to language or
languages first learned by a child, which he/she identifies with, is identified as a
native language user of by others, which he/she knows best, or uses most. This
includes Filipino sign language used by individuals with pertinent disabilities. The
regional or native language refers to the traditional speech variety or variety of
Filipino sign language existing in a region, area or place.

Section 5. Curriculum Development. — The DepED shall formulate the design and
details of the enhanced basic education curriculum. It shall work with the
Commission on Higher Education (CHED) to craft harmonized basic and tertiary
curricula for the global competitiveness of Filipino graduates. To ensure college
readiness and to avoid remedial and duplication of basic education subjects, the
DepED shall coordinate with the CHED and the Technical Education and Skills
Development Authority (TESDA).

To achieve an effective enhanced basic education curriculum, the DepED shall

undertake consultations with other national government agencies and other
stakeholders including, but not limited to, the Department of Labor and Employment
(DOLE), the Professional Regulation Commission (PRC), the private and public
schools associations, the national student organizations, the national teacher
organizations, the parents-teachers associations and the chambers of commerce on
matters affecting the concerned stakeholders.

The DepED shall adhere to the following standards and principles in developing the
enhanced basic education curriculum:
(a) The curriculum shall be learner-centered, inclusive and developmentally
appropriate;

(b) The curriculum shall be relevant, responsive and research-based;

(c) The curriculum shall be culture-sensitive;

(d) The curriculum shall be contextualized and global;

(e) The curriculum shall use pedagogical approaches that are constructivist, inquiry-
based, reflective, collaborative and integrative;

(f) The curriculum shall adhere to the principles and framework of Mother Tongue-
Based Multilingual Education (MTB-MLE) which starts from where the learners are
and from what they already knew proceeding from the known to the unknown;
instructional materials and capable teachers to implement the MTB-MLE curriculum
shall be available;

(g) The curriculum shall use the spiral progression approach to ensure mastery of
knowledge and skills after each level; and

(h) The curriculum shall be flexible enough to enable and allow schools to localize,
indigenize and enhance the same based on their respective educational and social
contexts. The production and development of locally produced teaching materials
shall be encouraged and approval of these materials shall devolve to the regional and
division education units.

Section 6. Curriculum Consultative Committee. — There shall be created a

curriculum consultative committee chaired by the DepED Secretary or his/her duly
authorized representative and with members composed of, but not limited to, a
representative each from the CHED, the TESDA, the DOLE, the PRC, the
Department of Science and Technology (DOST), and a representative from the
business chambers such as the Information Technology – Business Process
Outsourcing (IT-BPO) industry association. The consultative committee shall oversee
the review and evaluation on the implementation of the basic education curriculum
and may recommend to the DepED the formulation of necessary refinements in the
curriculum.

Section 7. Teacher Education and Training. — To ensure that the enhanced basic
education program meets the demand for quality teachers and school leaders, the
DepED and the CHED, in collaboration with relevant partners in government,
academe, industry, and nongovernmental organizations, shall conduct teacher
education and training programs, as specified:

(a) In-service Training on Content and Pedagogy — Current DepED teachers shall be
retrained to meet the content and performance standards of the new K to 12
curriculum.

The DepED shall ensure that private education institutions shall be given the
opportunity to avail of such training.
(b) Training of New Teachers. — New graduates of the current Teacher Education
curriculum shall undergo additional training, upon hiring, to upgrade their skills to the
content standards of the new curriculum. Furthermore, the CHED, in coordination
with the DepED and relevant stakeholders, shall ensure that the Teacher Education
curriculum offered in these Teacher Education Institutes (TEIs) will meet necessary
quality standards for new teachers. Duly recognized organizations acting as TEIs, in
coordination with the DepED, the CHED, and other relevant stakeholders, shall
ensure that the curriculum of these organizations meet the necessary quality standards
for trained teachers.

(c) Training of School Leadership. — Superintendents, principals, subject area

coordinators and other instructional school leaders shall likewise undergo workshops
and training to enhance their skills on their role as academic, administrative and
community leaders.

Henceforth, such professional development programs as those stated above shall be

initiated and conducted regularly throughout the school year to ensure constant
upgrading of teacher skills.

Section 8. Hiring of Graduates of Science, Mathematics, Statistics, Engineering and

Other Specialists in Subjects With a Shortage of Qualified Applicants, Technical-
Vocational Courses and Higher Education Institution Faculty. — Notwithstanding
the provisions of Sections 26, 27 and 28 of Republic Act No. 7836, otherwise known
as the "Philippine Teachers Professionalization Act of 1994″, the DepED and private
education institutions shall hire, as may be relevant to the particular subject:

(a) Graduates of science, mathematics, statistics, engineering, music and other degree
courses with shortages in qualified Licensure Examination for Teachers (LET)
applicants to teach in their specialized subjects in the elementary and secondary
education. Qualified LET applicants shall also include graduates admitted by
foundations duly recognized for their expertise in the education sector and who
satisfactorily complete the requirements set by these organizations: Provided, That
they pass the LET within five (5) years after their date of hiring: Provided,
further, That if such graduates are willing to teach on part-time basis, the provisions
of LET shall no longer be required;

(b) Graduates of technical-vocational courses to teach in their specialized subjects in

the secondary education: Provided, That these graduates possess the necessary
certification issued by the TESDA: Provided, further, That they undergo appropriate
in-service training to be administered by the DepED or higher education institutions
(HEIs) at the expense of the DepED;

(c) Faculty of HEIs be allowed to teach in their general education or subject

specialties in the secondary education: Provided, That the faculty must be a holder of
a relevant Bachelor’s degree, and must have satisfactorily served as a full-time HEI
faculty;

(d) The DepED and private education institutions may hire practitioners, with
expertise in the specialized learning areas offered by the Basic Education Curriculum,
to teach in the secondary level; Provided, That they teach on part-time basis only. For
this purpose, the DepED, in coordination with the appropriate government agencies,
shall determine the necessary qualification standards in hiring these experts.

Section 9. Career Guidance and Counselling Advocacy. — To properly guide the

students in choosing the career tracks that they intend to pursue, the DepED, in
coordination with the DOLE, the TESDA and the CHED, shall regularly conduct
career advocacy activities for secondary level students. Notwithstanding the
provisions of Section 27 of Republic Act No. 9258, otherwise known as the
"Guidance and Counselling Act of 2004″, career and employment guidance
counsellors, who are not registered and licensed guidance counsellors, shall be
allowed to conduct career advocacy activities to secondary level students of the
school where they are currently employed; Provided, That they undergo a training
program to be developed or accredited by the DepED.

Section 10. Expansion of E-GASTPE Beneficiaries. — The benefits accorded

by Republic Act No. 8545, or the "Expanded Government Assistance to Students and
Teachers in Private Education Act", shall be extended to qualified students enrolled
under the enhanced basic education.

The DepED shall engage the services of private education institutions and non-
DepED schools offering senior high school through the programs under Republic Act
No. 8545, and other financial arrangements formulated by the DepED and the
Department of Budget and Management (DBM) based on the principles of public-
private partnership.

Section 11. Appropriations. — The Secretary of Education shall include in the

Department’s program the operationalization of the enhanced basic education
program, the initial funding of which shall be charged against the current
appropriations of the DepED. Thereafter, the amount necessary for the continued
implementation of the enhanced basic education program shall be included in the
annual General Appropriations Act.

Section 12. Transitory Provisions. — The DepED, the CHED and the TESDA shall
formulate the appropriate strategies and mechanisms needed to ensure smooth
transition from the existing ten (10) years basic education cycle to the enhanced basic
education (K to 12) cycle. The strategies may cover changes in physical
infrastructure, manpower, organizational and structural concerns, bridging models
linking grade 10 competencies and the entry requirements of new tertiary curricula,
and partnerships between the government and other entities. Modeling for senior high
school may be implemented in selected schools to simulate the transition process and
provide concrete data for the transition plan.

To manage the initial implementation of the enhanced basic education program and
mitigate the expected multi-year low enrolment turnout for HEIs and Technical
Vocational Institutions (TVIs) starting School Year 2016-2017, the DepED shall
engage in partnerships with HEIs and TVIs for the utilization of the latter’s human
and physical resources. Moreover, the DepED, the CHED, the TESDA, the TVIs and
the HEIs shall coordinate closely with one another to implement strategies that ensure
the academic, physical, financial, and human resource capabilities of HEIs and TVIs
to provide educational and training services for graduates of the enhanced basic
education program to ensure that they are not adversely affected. The faculty of HEIs
and TVIs allowed to teach students of secondary education under Section 8 hereof,
shall be given priority in hiring for the duration of the transition period. For this
purpose, the transition period shall be provided for in the implementing rules and
regulations (IRK).

Section 13. Joint Congressional Oversight Committee on the Enhanced Basic

Educational Program (K to 12 Program). — There is hereby created a Joint
Oversight Committee to oversee, monitor and evaluate the implementation of this
Act.

The Oversight Committee shall be composed of five (5) members each from the
Senate and from the House of Representatives, including Chairs of the Committees on
Education, Arts and Culture, and Finance of both Houses. The membership of the
Committee for every House shall have at least two (2) opposition or minority
members.

Section 14. Mandatory Evaluation and Review. — By the end of School Year 2014-
2015, the DepED shall conduct a mandatory review and submit a midterm report to
Congress as to the status of implementation of the K to 12 program in terms of closing
the following current shortages: (a) teachers; (b) classrooms; (c) textbooks; (d) seats;
(e) toilets; and (f) other shortages that should be addressed.1âwphi1

The DepED shall include among others, in this midterm report, the following key
metrics of access to and quality of basic education: (a) participation rate; (b) retention
rate; (c) National Achievement Test results; (d) completion rate; (e) teachers’ welfare
and training profiles; (f) adequacy of funding requirements; and (g) other learning
facilities including, but not limited to, computer and science laboratories, libraries and
library hubs, and sports, music and arts.

Section 15. Commitment to International Benchmarks. — The DepED shall endeavor

to increase the per capita spending on education towards the immediate attainment of
international benchmarks.

Section 16. Implementing Rules and Regulations. — Within ninety (90) days after the
effectivity of this Act, the DepED Secretary, the CHED Chairperson and the TESDA
Director-General shall promulgate the rules and regulations needed for the
implementation of this Act.

Section 17. Separability Clause. — If any provision of this Act is held invalid or

unconstitutional, the same shall not affect the validity and effectivity of the other
provisions hereof.

Section 18. Repealing Clause. — Pertinent provisions of Batas Pambansa Blg. 232 or

the "Education Act of 1982″, Republic Act No. 9155 or the "Governance of Basic
Education.

Act of 2001″, Republic Act No. 9258, Republic Act No. 7836, and all other laws,
decrees, executive orders and rules and regulations contrary to or inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.
Section 19. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,

(Sgd.) JUAN PONCE ENRILE (Sgd.) FELICIANO BELMONTE

President of the Senate JR.
Speaker of the House of
Representatives

This Act which is a consolidation of Senate Bill No. 3286 and House Bill No. 6643
was finally passed by the Senate and the House of Representatives on January 30,
2013.

(Sgd.) EDWIN B. BELLEN (Sgd.) MARILYN B. BARUA-YAP

Acting Senate Secretary Secretary General
House of Representatives

Approved: MAY 15 2013

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines

Republic Act No. 10533 (lawphil.net)

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.
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 Policy: 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. 6728 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 nonformal 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 jobrelated 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 Government
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)
RAMON V. MITRA
Speaker of the House
(Signed)
NEPTALI A. GONZALES
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)
CAMILO L. SABIO
House of Representatives
(Signed)
ANACLETO D. BADOY, JR.
Secretary of the Senate
Approved: March 24, 1992
(Signed)
CORAZON C. AQUINO
President of the Philippines

About the UNCRPD

The United Nations Convention on the Rights of Persons with
Disabilities (UNCRPD) is an international human rights treaty, which exists to
promote, protect and ensure the full and equal enjoyment of all human rights and
fundamental freedoms by all disabled persons. It was adopted on 13 December 2006
at the United Nations Headquarters in New York, and opened for signature on 30
March 2007.

The Convention applies established human rights principles from the UN Declaration
on Human Rights to the situation of persons with disabilities. It covers civil and
political rights to equal treatment and freedom from discrimination, and social and
economic rights in areas like education, health care, employment and transport. As of
 December 2021, the Convention has been ratified by 184 parties (183 States and the
European Union). The Convention is monitored by the Committee on the Rights of
Persons with Disabilities for which annual Conferences of States Parties to the CRPD
have set guidelines since 2008.

The Irish Government signed the Convention in 2007, and ratified it in March 2018.

Ireland’s initial State Report under the UNCRPD was issued to the Committee on

the Rights of Persons with Disabilities in November 2021.

UNCRPD Articles

The UNCRPD contains 50 Articles. Aside from provisions around definitions,

principles and processes, the Convention contains 26 Articles covering all areas of
life, from Health, Education and Employment to Equal Recognition before the Law,
Freedom from Exploitation, Violence and Abuse, and Accessibility. The

The Convention also offers intersectional perspectives, in respect of women with

disabilities and children with disabilities.

We have developed a series of in-depth papers on individual UNCRPD Articles.

These papers detail the main data available relevant to specific Articles and provide
an overview of key policies, programmes, services, supports and data that exist in the
Irish context.

The Articles completed to date are:

 Article 6: Women with disabilities

 Article 7: Children with disabilities
 Article 8: Awareness raising
 Article 13: Access to Justice
 Article 16: Freedom from exploitation, violence and abuse
 Article 19; Living Independently and being included in the community
 Article 21: Right to freedom of expression, opinion and access to information
 Article 24: Education
 Article 25: Health
 Article 27: Employment and work
 Article 28: Adequate standard of living and social protection
 Article 31: Statistic and data collection
More Article review papers are being developed.

Reporting Mechanisms

Following the ratification of the Convention, a State Party must submit an initial
Report to the Committee on the Rights of Persons with Disabilities within two years.
The Committee may respond with a List of Issues based on the State Report. The final
stage of the reporting cycle includes an interactive dialogue between the Committee
and a delegation representing the State Party. This culminates in a report by the
Committee entitled ‘Concluding Observations’. This cycle is repeated every four year.

Article 33 of the UNCRPD requires that an independent mechanism be established to

monitor the progress of Government in improving its laws, policies and essential
services to ensure that people with disabilities enjoy the same human rights as
everyone else. The Irish Human Rights and Equality Commission (IHREC) is the
independent monitoring mechanism for Convention in Ireland.

Under the Assisted Decision-Making (Capacity) (Amendment) Act, the National

Disability Authority will have a duty to provide information and statistics to IHREC
to assist it in carrying out its monitoring role.

United Nations Convention on the Rights of Persons with Disabilities - National

Disability Authority (nda.ie)

The UNESCO Salamanca Statement

This report from the UN’s education agency calls on the international community to
endorse the approach of inclusive schools by implementing practical and strategic
changes.

In June 1994 representatives of 92 governments and 25 international organisations

formed the World Conference on Special Needs Education, held in Salamanca, Spain.
They agreed a dynamic new Statement on the education of all disabled children,
which called for inclusion to be the norm. In addition, the Conference adopted a
new Framework for Action, the guiding principle of which is that ordinary schools
should accommodate all children, regardless of their physical, intellectual, social,
emotional, linguistic or other conditions. All educational policies, says the
Framework, should stipulate that disabled children attend the neighbourhood school
'that would be attended if the child did not have a disability.'

Education for all

The Statement begins with a commitment to Education for All, recognising the
necessity and urgency of providing education for all children, young people and
adults 'within the regular education system.' It says those children with special
educational needs 'must have access to regular schools' and adds:

Regular schools with this inclusive orientation are the most effective
means of combating discriminatory attitudes, creating welcoming
communities, building an inclusive society and achieving education for
all; moreover, they provide an effective education to the majority of
children and improve the efficiency and ultimately the cost-e
ffectiveness of the entire education system.

Call to governments

The World Conference went on to call upon all governments to:

 give the 'highest policy and budgetary priority' to improve education services
so that all children could be included, regardless of differences or difficulties.
 'adopt as a matter of law or policy the principle of inclusive education' and
enrol all children in ordinary schools unless there were compelling reasons for
doing otherwise.
 develop demonstration projects and encourage exchanges with countries with
inclusive schools.
 ensure that organisations of disabled people, along with parents and
community bodies, are involved in planning decision-making.
 put greater effort into pre-school strategies as well as vocational aspects of
inclusive education.
 ensure that both initial and in-service teacher training address the provision of
inclusive education.

Inclusive schooling

The Statement also calls on the international community to endorse the approach of
inclusive schooling and to support the development of special needs education as an
integral part of all education programmes. In particular it calls on UNESCO,
UNICEF, UNDP and the World Bank for this endorsement.

It asks for the United Nations and its specialised agencies to 'strengthen their inputs
for technical co-operation' and improve their networking for more efficient support to
integrated special needs provision. Non-governmental organisations are asked to
strengthen their collaboration with official national bodies and become more involved
in all aspects of inclusive education.

As the UN agency for education, UNESCO is asked to:

 ensure that special needs education forms part of every discussion dealing
with education for all.
  enhance teacher education in this field by getting support from teacher unions
and associations.
 stimulate the academic community to do more research into inclusive
education and disseminate the findings and the reports.
 use its funds over the five-year period, 1996-2001, to create an expanded
programme for inclusive schools and community support projects, thus
enabling the launch of pilot projects.

Equalisation of opportunity

The Framework for Action says 'inclusion and participation are essential to human
dignity and to the enjoyment and exercise of human rights.' In the field of education
this is reflected in bringing about a 'genuine equalisation of opportunity.' Special
needs education incorporates proven methods of teaching from which all children can
benefit; it assumes human differences are normal and that learning must be adapted to
the needs of the child, rather than the child fitted to the process. The fundamental
principle of the inclusive school, it adds, is that all children should learn together,
where possible, and that ordinary schools must recognise and respond to the diverse
needs of their students, while also having a continuum of support and services to
match these needs. Inclusive schools are the 'most effective' at building solidarity
between children with special needs and their peers. Countries with few or no special
schools should establish inclusive – not special – schools.