CHAPTER 8

MAGNA CARTA OF PERSONS WITH DISABILITY

REPUBLIC ACT NO. 7277

[as amended by Republic Act No. 9442]

Person with disability

Persons with disability refer to those who are suffering from certain limitations to perform an activity in the
manner considered normal for a human being, as a result of a mental, physical or sensory impairment.
Rights and privileges of persons with disability
20% Discount
Persons with disability are entitled to at least twenty percent [20%] discount on the following:
[a] services in hotels, lodging establishments, restaurants, and
recreation centers.
[b] admission fees in theaters, cinema houses, concert halls, circuses,
carnivals, and other similar places of culture, leisure and
amusement
[c] cost of medicines in all drugstores;
[d] cost of medical and dental services in all government facilities;
[e] cost of medical and dental services in all private hospitals and
medical facilities, including diagnostic and laboratory fees,
and professional fees of attending doctors;
[f] fare for land, domestic air, and sea travel.
The discount is available only to persons with disability who are Filipino citizens upon submission of any of
the following as proof of entitlement:
[1] Identification card issued by the city or municipal mayor or the
barangay captain of the place where the persons with disability
resides;
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[2] Passport of the persons with disability concerned; or

[3] Transportation discount fare Identification Card [ID] issued by
the National Council for the Welfare of Disabled Persons
[NCWDP].
The discount privileges cannot be claimed if the persons with disability claims a higher discount as may be
granted by the commercial establishment and/or under existing laws or in combination with other discount programs.
Express Lanes
All commercial and government establishments are required to provide express lanes for persons with
disability.
Right to Barrier-Free environment
This will enable persons with disability to have access in public and private buildings and establishments
and such other places mentioned in Batas Pambansa Blg. 344, otherwise known as the Accessibility Law The
pertinent provisions of the Accessibility Law read as follows:
SECTION 1. In order to promote the realization of the rights of
disabled persons to participate fully in the social life and development of
the societies in which they live and the enjoyment of the opportunities
available to other citizens, no license or permit for the construction, repair
or renovation of public and private buildings for public use, educational
institutions, airports, sports and recreation centers and complexes, shopping
center or establishments, public parking places, workplaces, public utilities,
shall be granted or issued unless the owner or operator thereof shall
install and incorporate in such building, establishment, institution or public
utility, such architectural facilities or structural features as shall reasonably
enhance mobility of disabled persons such as sidewalks, ramps, railings and
the like. If feasible, all such existing buildings, institutions, establishments,
or public utilities may be renovated or altered to enable the disabled persons
to have access to them: Provided, however, That buildings, institutions,
establishments, or public utilities to be constructed or established for which
licenses or permits had already been issued may comply with the
requirements of this law: Provided, further, That in case of government
buildings, streets and highways, the Ministry of Public Works and highways
shall see to it that the same shall be provided with architectural facilities
or structural features for disabled persons.
In the case of the parking place of any of the above institutions,
buildings, or establishments, or public utilities, the owner or operator shall
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reserve sufficient and suitable space for the use of disabled persons.
SECTION 2. In case of public conveyance, devices such as the
prominent display of posters or stickers shall be used to generate
public awareness of the rights of the disabled and foster understanding of
their special needs. Special bus stops shall be designed for disabled
persons. Discriminating against disabled persons in the carriage or
transportation of passengers is hereby declared unlawful.

SECTION 4. Any person violating any provision of this Act or

of the rules and regulations promulgated hereunder shall, upon
conviction by a court of competent jurisdiction suffer the penalty of
imprisonment of not less than one month but not more than one year or a
fine of P2,000 to P5,000 or both, at the discretion of the court: Provided,
that in the case of corporations, partnerships, cooperatives or associations,
the president, manager or administrator, or the person who has charge of the
construction, repair or renovation of the building, space or utilities shall be
criminally responsible for any violation of this Act and/or rules and
regulations promulgated pursuant thereto.
Free Use of Government Recreational or Sports Centers
Recreational or sports centers owned or operated by the Government shall be used, free of charge, by
marginalized persons with disability during their social, sports or recreational activities.
Free Postal Charges
Persons with disability are entitled to free postal charges on the following items:
a] articles and literatures sent by mail within the Philippines and
abroad, like books and periodicals, orthopedic and other devices,
and teaching aids for the exclusive use of the person with
disability; and
b] aids and orthopedic devices for the disabled sent by abroad by mail
for repair.
This privilege, however is available only to marginalized Filipino citizens with disability who are:

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[a] Certified to be a person with disability by the Social Welfare and

Development Office of the municipality, city government unit or
Representative of the Department of Social Welfare and
Development in the municipality or city government unit where
the person with disability is a resident;
[b] Holders of accreditation certificate issued by the Postmaster
General or representative of the Philippine Postal
Corporation.
It is also required the envelop or wrapper of the franked mail must on the left upper corner state the name
and complete address of the sender, and on the upper right corner the words Free Matter for Disabled Person.
Private or unauthorized use to avoid payment of postage is penalized by a fine or imprisonment or both.
Right to Equal Opportunity for the Employment
Persons with disability have the right to equal opportunity for suitable employment. To carry out this
objective, the law mandates that 5% of all casual emergency and contractual positions in the Department of Social
Welfare and Development; Department of Health; Department of Education; and other government agencies, offices
or corporations engaged in social development should reserved for the persons with disability.
Right to Equal Terms and Conditions of Employment
Persons with disability, if they are qualified, are entitled to the same terms and conditions of employment
and the same compensation, privileges, benefits, incentives or allowances as a qualified able-bodied person.

BERNARDO V. NLRC
310 SCRA 186
FACTS: X and several others who are deaf-mutes were hired on
various periods from 1988 to 1993 by FEBTC as Money Sorters and
Counters through a uniformly worded Employment Agreement for
Handicapped Workers. Upon expiration of their employment contracts, the
FEBTC terminated their employment. X and the other deaf-mute employees
claimed that they cannot be terminated from their employment because they
are regular employees of the FEBTC, considering that their task as Money
Sorters and Counters was necessary and desirable to the business of a bank.
On the other hand, FEBTC maintained that X, et al., were not regular
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employees because they were engaged as special workers pursuant to Article

80 of the Labor Code. Furthermore, FEBTC claimed that their employment
was merely an accommodation to the request of government officials and
civic-minded citizens. They were told from the start, with the assistance of
government representatives that they could not become regular employees
because there were no plantilla positions for money sorters and counters
whose task used to be performed by tellers. Further, FEBTC claimed that
their contracts were renewed several times, not because of need, but merely
for humanitarian reasons.
ISSUE: Whether or not X and the other deaf-mute employees are
regular employees of the FEBTC. While their Employment Contracts indubitably conform with Article 280 of
the Labor Code, succeeding events
and the enactment of Republic Act No. 7277 [the Magna Carta for Disabled Persons], however, justify the
application of Article 280 of the Labor Code. The fact that the Employment Contracts have been renewed
and other deaf-mutes have been hired lead to the conclusion that their tasks were beneficial and necessary
to FEBTC. More importantly, these facts show that they were qualified to perform the responsibilities of their
positions. In other words, their disability did not render them unqualified or unfit for the tasks assigned to
them. In this light, the Magna Carta for Disabled Persons mandates that a qualified disabled employee
should be given the same terms and conditions of employment as a qualified able-bodied person. The fact
that the employees were qualified disabled persons necessarily removes the Employment Contracts from
the ambit of article 80 of the Labor Code. Since the Magna Carta accords them the rights of Qualified ablebodied persons, they are thus covered by article 280 of the Labor Code. As regular employees, therefore, X
and the other deaf-mute employees, are entitled to security of tenure; that is their services may be
terminated only for a just or authorized cause. Considering, however, that the job of money sorting is no
longer available because it has been assigned back to the tellers to whom it originally belonged,
reinstatement cannot be ordered. In lieu thereof, separation pay is awarded, in addition to back wages.
Right to Sheltered Employment
The Department of Labor and Employment shall provide training for persons with disability so that they can
qualify for sheltered employment.
Sheltered Employment refers productive work through workshops with special facilities, income-producing
projects or homework schemes designed to give the person with disability opportunity to earn a living and acquire a
working capacity required in open industry.
Right to Be Hired as Apprentices or Learners
Persons with disability are eligible for apprenticeship or learnership, as long as their handicap will not
effectively impede the performance of the job operations which they will handle.
Right to Quality Education

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Learning institutions are obliged to admit all persons with special needs whether in academic, vocational or
technical courses and other training programs, except in the following instances:
a] If the learning institutions have already accepted persons with
special needs and further acceptance will render the teaching
personnel and facilities less effective.
b] If learning institutions do not meet the criteria set by the Bureau Of
Special Education and are not included in the Financial assistance
program.
It is unlawful for any learning institution deny a person admission to any course it offers simply because of
handicap or disability.
Right to Educational Assistance
Persons with disability are entitled to educational assistance so that they can pursue primary, secondary,
tertiary, post tertiary, as well as vocational or technical education, in both public and private schools.
The educational assistance can be in the form of scholarships, grants, financial aids, subsidies and other
incentives, including support for books, learning materials and uniform allowance to the extent feasible.
To be entitled to the educational assistance, the person with disability must meet minimum admission
requirements set by the Department of Education, the Commission on Higher Education, or the Technical Education
and Skills Development Authority.
Right to Health Services
With regard to Health services, the National Government is mandated to:
[a] Provide an integrated health service for the persons with
disability, such as:
[i] prevention of disability through immunization, nutrition,
environmental protection and preservation, and genetic
counseling; and early detection of disability and timely
intervention to arrest disabling condition; and
[ii] medical treatment and rehabilitation.
[b] Institute a national health program for the purpose of:

[i] prevention of disability, whether occurring prenatally or

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post prenatally;
[ii] recognition and early diagnosis of disability; and
[iii] early rehabilitation of the persons with disability.
[c] Establish medical rehabilitation centers in government provincial
hospitals, formulate and implement a program to enable
marginalized persons with disability, which program shall be composed of the following;
[a] assistance in the acquisition of prosthetic devices and medical
intervention of specialty services;
[b] provision of specialized training activities designed to improve
functional limitations of persons with disability related to
communication skills;
[c] development among persons with disability of a positive selfimage through the provision of counseling, orientation, and
mobility and strengthening daily living capability;
[d] provision of family care services geared towards developing the
capability of families to respond to the needs of disabled members of the family;
[e] provision of substitute family care services and facilities thereof
for abandoned, neglected, abused, and unattached persons with
disability who need custodial care;
[f] provision of after care and follow-up services for the continued
rehabilitation in a community-based setting of persons with
disability who were released from residential care or rehabilitation
centers; and
[g] provision of day care services for disabled children of pre-school
age.
Television stations are encouraged to provide a sign-language inset or subtitles in at least one [1] newscast
program a day and special programs covering events of national significance.
Telephone companies are 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.
Mobility

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The following persons with disability can be allowed to drive motor vehicle.
[a] Partially blind person with poor visual acuity due to partial loss
of vision/sight;
[b] Orthopedically-impaired person with amputated left or right leg;
amputated left or right arm; post-polio victims; paralyzed legs;
weak legs but not paralyzed;
[c] Speech and hearing impaired person unable to speak but can
partially hear.
Persons with disability who apply for the driverss license must comply with the following requirements:
[a] Medical Certificate/Recommendation from government accredited
Physician;
[b] Written and practical examinations;
[c] Student permit and driving instruction for 60 days;
Applicants with disability may use a customized vehicle provided that it meets the standard/specifications
set and duly requested at Land Transportation Office.
Suffrage
A qualified person with disability may register as a voter by accomplishing the required voters affidavit, and
such other forms through:
[i] Any relative within the fourth civil degree of consanguinity or
affinity; or
[ii] Any member of the board of election inspectors.
During the elections, a person with disability shall be allowed to be assisted by a person of his choice from
among the following:
[i] A relative, by affinity or consanguinity, within the fourth civil
degree
[ii] Any person of his confidence, whether or not belonging to the
same household; or
[iii] Any member of the board of election inspectors.
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Freedom of Expression
Persons with disability have the right to participate in processions, rallies, parades, demonstrations, public
meetings, and assemblages or other forms of mass or concerned action held in public.
Self-Organization
Persons with disability have the right to form organizations or associations that promote their welfare and
advance or safeguard their interests.
Discrimination against persons with disability, prohibited
Discrimination in Employment
Discrimination against a qualified person with disability with regard to job application procedures; the hiring,
promotion, or discharge of employees; employee compensation, job training, and other terms and conditions of
employment is prohibited.
The following constitute acts of discrimination with respect to employment:
[a] Limiting, segregating or classifying a disabled job applicant in
such manner that adversely affects his work opportunities;
[b] Using qualification standards, employment tests or other selection
criteria that rule out or tend to rule out a person with disability,
unless such standards, tests or other selection criteria are shown to
be job- related for the position in question and are consistent with
business necessity;
[c] Utilizing standards, criteria or methods of administration tha:
[i] have the effect of discrimination on the basis of disability;
or
[ii] perpetuate the discrimination of others who are subject to common administrative
control.
[d] Providing a lower compensation, salary, wage, or other forms of
remuneration and fringe benefits to a qualified employee with
disability as compared to an able-bodied worker performing the
same type and amount of work;

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[e] Favoring an able-bodied employee over a qualified employee with

Disability with respect to promotion, training, opportunities, study
and scholarship grants, solely on account of the latters disability;
[f] Re-assigning or transferring an employee with disability to a job
or position he cannot perform by reason of disability;
[g] Dismissing or terminating the services of an employee with
disability by reason of his disability;
[h] Failing to select or administer in the most effective manner
employment tests which accurately reflect or measure the skills,
aptitude or positive traits of the applicant or employee with
disability rather than the impaired sensory, manual or speaking
capabilities of such applicant or employee, if any; and
[i] Excluding employees with disability from membership in labor unions or similar organizations.
Discrimination in the Use of Public Accommodations and Services
The following constitute acts of discrimination in the use of public accommodations and services.
[a] denying a passenger with disability to enter the terminal, station
or depot premises;
[b] denying a passenger with disability to purchase travel tickets,
prepare waybills, secure boarding passes, claim tags for baggages
and other transactions which an able-bodied passenger may do;
[c] failure to provide accessibility features such as ramps, signages
and stickers inside the terminal, station or depot;
[d] failure to designate seats in the waiting area for passengers with
disability, if there are seats available;
[e] denying a passenger with disability to use the toilet/washroom or
failure to make such facilities accessible.
Ridicule of persons with disability, prohibited
Public ridicule is the act of making fun or contemptuous imitating or making mockery of persons with
disability whether in writing, or in words, or in action due to their impairment.
The following acts constitute public ridicule:
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[a] Making fun of a person on account of his/her disability even

through jokes in manner that is degrading resulting to the
embarrassment of the person with disability in front of two or
more persons;
[b] Making mockery of a person with disability whether in oral or in
writing;
[c] Imitating a person with disability in public gatherings, stage
shows, carnivals, television shows, broadcast media and other
forms of entertainments that are offensive to the rights and
dignity of persons with disability or any other similar acts;
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.
Villification of persons with disability, prohibited
Villification is the act of:
[a] Uttering slanderous and abusive statements against a person with
disability, such as but not limited to:
[i] calling a person by his disability in public which results to
humiliation;
[ii] using the disability of a person as an example in a manner
that is embarrassing and humiliating to the dignity of persons with
disability.
[b] Inciting in public, hatred, serious contempt, or severe ridicule of
persons with disability.
Any individual, group or community is prohibited from vilifying any person with disability which could result
into loss of self-esteem of the latter.
Tax incentives for benefactors
Persons caring for and living with a person with disability are entitled to the following tax incentives:
[a] Single persons shall be considered as head of family and shall be
entitled to one basic personal exemption equivalent to Twentyfive thousand pesos [P25,000], or as allowed thereafter under the
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National Internal Revenue Code.

[b] Married persons who have a child or children with disability

dependent on him for support, are entitled to an additional
exemption of Eight Thousand pesos [P8,000] per qualified
dependent [ not exceeding four].
NOTE: a married individual is not entitled to the above additional exemption if he/she takes care of a
person with disability who is not his/her child unless he/she legally adopts the same.
[d] Grandparents not legally separated or a widow/widower/solo
parent are entitled to a basic personal exemption of Thirty-two
thousand pesos [P32,000] [the personal exemption granted to a
married individual].
[e] Grandparents legally separated or a solo parent, are entitled to the
basic personal exemption accorded to a head of the family in the
amount of Twenty-five thousand pesos [P25,000].
Individuals or nongovernmental institutions establishing homes, residential
Communities or retirement villages solely to suit the needs and requirements of persons with disability are entitled to:
[a] Realty tax holiday for the first five years of operation; and
[b] Priority in the building and/or maintenance of provincial or
municipal roads leading to the aforesaid home, residential
community or retirement village. The city and municipal
government concerned where the homes, residential communities
or retirement villages is located shall issue the implementing
guidelines for the availment of this incentives.
Establishments granting the 20% discount are entitled to tax deductions based on the net cost of the goods
sold or services rendered under the following conditions:
[a] the cost of the the discount should be claimed as deduction from
gross income for the same taxable year that the discount is
granted;
[b] the total amount of the claimed tax deduction net of value-added
tax if applicable, should 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, as
amended.
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Donations, bequests, subsides or financial aids made to organizations of persons with disability or to
government agencies engaged in the rehabilitation of persons with disability are exempt from the donors tax, and
shall be allowed as deductions from the donors gross income for purposes of computing the taxable income subject
to the provisions of Section 29[h] of the Code.
Donations from foreign countries are also 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.
Local manufacturing or technical aids and appliances for use by persons with disability are considered as a
preferred area of investment and, as such, shall enjoy the rights, privileges and incentives as provided in said Code
such as but not limited, to the following:
[a] repatriation of investments;
[b] remittance of earnings
[c] remittance of payments on foreign contracts;
[d] freedom from expropriations;
[e] freedom from requisition of investment;
[f] income tax holiday;
[g] additional deduction for labor expense;
[h] tax and duty exemption on imported capital equipment;
[i] tax credit on domestic capital equipment;
[j] exemption from contractors tax;
[k] simplification of customs procedures;
[l] unrestricted use of consigned equipment;
[m] employment of foreign nationals;
[n] tax credit for taxes and duties on raw materials;
[o] access to bonded manufacturing/traded warehouse system;

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[p] exemption from taxes and duties on imported spare parts; and
[q] exemption from wharfage dues and any export tax, duty, impost
and fee.
Penal sanctions
Violation of the Magna Carta for Persons With Disability entails the following penalties:
[a] For the first violation fine ranging from P50,000.00 to
P100,000.00, or imprisonment ranging from six [6] months to two
[2] years, or both at the discretion of the court; and
[b] For subsequent violation a fine ranging from P100,000.00 to
P200,000.00 or imprisonment ranging from two [2] years to six
[6] years, or both at the discretion of the court.
[c] For abuse of the priveleges imprisonment of not less than six [6]
months or a fine ranging from P5,000.00 to P50,000.00, or both,
at the discretion of the court.
[d] If the violator is an alien or a foreigner, he shall be deported immediately after service of
sentence without further deportation proceedings.

-oOo-

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