Philippine Laws For PWDS" (Pangalangan & Litong, 2014) : Presented By: Trisha Mae V. Palon Btvte-Ii

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Philippine Laws for

PWDs" (Pangalangan
& Litong, 2014)
Presented by:

Trisha Mae v. Palon


BTVTE-II
BP 344 (1983)- Accessibility Law
An Act to Enhance the Mobility of
Disabled Persons by Requiring Certain
Buildings, Institutions, Establishments
and Public Utilities to install Facilities
and Other Devices
WHAT IS THE PURPOSE AND
APPLICATION OF BP 344
ACCESIBILTY ?
RULE -1 PURPOSE AND APPLICATION

PURPOSE - TO PROVIDE MINIMUM REQUIREMENT


AND STANDARD TO MAKE BUILDING, FACILITIES
AND UTILITIES FOR PUBLIC AND PRIVATE
ACCESSIBLE USED FOR DISABLED PERSON.
APPLICATION - Public and private buildings and
related structures for public use. No permit for the
construction, repair or renovation of public and private
buildings and related structures for public use, whether
owned or leased, shall be granted or issued, unless the
owner thereof shall have provided in the places and
specifications submitted for approval barrier-free
facilities and accessibility features
RULE II - MINIMUM REQUIREMENTS FOR
ACCESSIBILITY
CATEGORIES OF DISABLED
PERSONS.

- Thecategories of disability dictate


the varied measures to be adopted in
order to create an accessible
environment for the handicapped.
BASIC PHYSICAL PLANNING
No group of people shall be deprived of full
participation and enjoyment of the environment or
be made unequal with the rest due to any disability.
In order to achieve this goal adopted by the United
Nations, certain basic principles shall be applied:
ACCESSIBILITY - The built environment shall be
designed so that it shall be accessible to all people.
This means that no criteria shall impede the use of
facilities by either the handicapped or non-disabled
citizens.
REACHABILITY - Provisions shall be adapted and
introduced to the physical environment so that as
many places or buildings as possible can be reached
by all.
USABILITY - The built environment shall be designed
so that all persons, whether they be disabled or not,
may use and enjoy it.
ORIENTATION - Finding a person's way inside and
outside of a building or open space shall be made easy
for everyone.
SAFETY - Designing for safety insures that people
shall be able to move about with less hazards to life and
health.
WORKABILITY AND EFFICIENCY - The built
environment shall be designed to allow the disabled
citizens to participate and contribute to developmental
goals.
RULE 3
SPECIFIC REQUIREMENTS FOR BUILDINGS AND
RELATED STRUCTURES FOR PUBLIC USE

Occupancy classified by categories enumerated


Section 701 of the National Building Code (PD
1096) are hereby adapted.
 Category I Residential
 Category II Commercial and
Industrial
 Category III Educational and
Industrial
 Category IV Agricultural
 Category V Ancillary
RULE IV - REQUIREMENTS FOR
PUBLIC TRANSPORTATION
Classification of public conveyances by mode
of transport shall be as follows:
Land Transportation - This shall refer to buses
having a minimum seating capacity of 50 persons for
regular buses and 40 persons for air-conditioned
buses. This shall include regular city buses, regular
provincial buses, air-conditioned city buses (Love
Bus and Pag-ibig Bus) and air-conditioned tourist
and provincial buses.
Rail Transportation - This shall refer to the three
railways systems in the country, the Philippine National
Railways (PNR) operating in Luzon, the Panay Railways
Corporation (PRC) operating in the island of Panay and
the Light Rail Transit Authority (LRTA) operating in Metro
Manila.
Water Transportation - This shall refer to domestic
passenger ships, ferry boats and other passenger-carrying
water transportation.
Air Transportation - This shall refer to the domestic
passenger airplanes.
GRAPHICS SIGNS - The International Symbol of
Access shall be placed where accessibility for
disabled persons is provided
DOORS AND ENTRANCES
WASHROOMS AND TOILETS.
ELEVATORS.
GRADIENT OF RAMP.
PARKING AREAS
HEIGHT ABOVE THE FLOOR OF SWITCHES
AND CONTROLS
HANDRAILS.
STAIRS
PLACES FOR ASSEMBLY
EXTERIOR REQUIREMENTS
RULE 5
ADMINISTRATION AND ENFORCEMENT

The administration and enforcement of the


provision of these Rules and Regulations shall be
vested in the Minister of Public Works and
Highways and the Minister of Transportation and
Communications, in accordance with the functions
and jurisdiction of their respective Ministries
Criminal Liability
Any person violating any provisions of Batas Pambansa
Bilang 344 or any provision of these Rules and Regulations
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.
RA 7277 (1992)-
Magna Carta for
Disabled Persons
AN ACT PROVIDING FOR THE
REHABILITATION, SELF-DEVELOPMENT
AND SELF-RELIANCE OF DISABLED
PERSONS AND THEIR INTEGRATION
INTO THE MAINSTREAM OF SOCIETY
AND FOR OTHER PURPOSES. ... — This
Act shall be known and cited as the
"Magna Carta for Disabled Persons."
THERE ARE EIGHT (8) RIGHT AND
PREVILAGES OF PWD’S

 EDUCATION
 EMPLOYMENT
 HEALTH
 AUXILIARY SOCIAL SERVICE
 TELECOMMUNICATION
 POLITICAL AND CIVIL RIGHTS
 ACCESSIBILITY
 PENALTIES FOR VIOLATIONS OF LAW
EDUCATION - ADEQUATE ACCESS TO
QUALITY EDUCATION AND SAMPLE OPPURTUNITIES TO
DEVELOP THEIR SKILLS LT SHALL TAKE APPROPRIATE
STEPS TO MAKE SUCH EDUCATION ACCESSIBLE TO ALL
DISABLED PERSON
EMPLOYMENT - NO PWD SHALL BE DENIED
TO OPPURTUNITIES FOR SUITABLE
EMPLOYMENT .A PERSON WITH DISABILITIES HAS
THE RIGHT TO WORK IN COMPANIES
HEALTH - THE DEPARTMENT OF HEALTH
,INSTITUTE A NATIONAL HEALTH PROGRAM
WHICH SHALL AIM THE EARLY REHABILITATIONS
OF THE DISABLED PERSON RECOGNITION AND
THE EARLY DIAGNOSTIC OF DISABILITY
AUXILARY SOCIAL SERVICES - SHALL BE
PROVIDED WITH THE NECESSARY AUXILARY
SERVICES THAT WILL RESTORE THEIR SOCIAL
FUNCTIONING AND PARTICIPATION IN
COMMUNITY AFFAIR .
TELECOMMUNICATION : TELEVISION STATION
SHALL BE ENCOUNTERED TO PROVIDE A SIGN
LANGUAGE INSET OR SUBTILES IN AT LEAST
ONE NEWSCAST PROGRAM A DAY AND SPECIAL
PROGRAM COVERING EVENTS OF NATIONAL
SIGNIFICANCE.
POLITICAL AND CIVIL RIGHTS - PWD SHALL BE
ALLOWED TBE ASSISTED BY A PERSON OF HIS
CHOICE IN THE NATIONAL OR LOCAL
ELECTIONS.
ACCESSIBILITY - THE STATE SHALL ENSURE THE
ATTAINMENT OF A BARRIER FREE ENVIRONMENT THAT WILL
ENABLE PERSONS WITH DISABILITIES TO HAVE ACCESS IN
PUBLIC AND PRIVATE BUILDINGS AND ESTABLISHMENT.
THE STATE PROMOTE THE MOBILITY OF DISABLED
PERSONS AND GAIN ACCESS IN THE USE OF PUBLIC
TRANSFORTATION
PENALTIES FOR
VIOLATIONS OF
LAW
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;
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.

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.
Administrative Order 35 (2002)-National
Disability Prevention and Rehabilitation
(NPDR Week) every 3rd week of July
PROCLAMATION No. 361

DECLARING THE THIRD WEEK OF JULY AS


THE NATIONAL DISABILITY PREVENTION
AND REHABILITATION WEEK WHICH SHALL
CULMINATE ON THE BIRTHDATE OF THE
SUBLIME PARALYTIC: APOLINARIO MABINI
ON JULY 23 EACH YEAR
Guidelines in the Admission of Students
with Disabilities in Higher Education and
Post-Secondary Institutions in the
Philippines (2004)

which states that educational assistance must be
given to PWDs in their pursuit for primary,
secondary, tertiary, post tertiary, vocational, or
technical education by providing scholarships,
grants, financial aids, subsidies, and other
incentives as long as the said PWDs meet the
minimum admission requirements of the institution
they applied for.
RA 9442 (2007)-
Amendment of RA 7277
(Privileges to PWDs)
An Act Amending Republic Act No. 7277,
Otherwise known as the
Magna Carta for Persons with Disability
as Amended, and For Other Purposes’
Granting Additional Privileges and
Incentives and Prohibitions on Verbal,
Non-Verbal Ridicule and Vilification
Against Persons with Disability
These Rules shall be known and cited as
the Rules and Regulations Implementing
Republic Act No. 9442, an Act Amending
Republic Act No. 7277, Otherwise known as
the Magna Carta for Disabled Persons, and
For Other Purposes’ Granting Additional
Privileges and Incentives and Prohibitions on
Verbal, Non-verbal Ridicule and Vilification
Against Persons with Disability.
20% discount privileges to PWDs

Republic Act No. 10754


It is the objective of Republic Act No. 10754 to provide
persons with disability the opportunity to participate fully
into the mainstream of society by granting them at least
twenty (20%) discount and exemption from the value added
tax on the sale of certain goods and services identified
under Republic Act No.
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 theaters, cinema houses,
concert halls, circuses, carnivals and other similar places
of culture, leisure and amusement for the exclusive use of
enjoyment of persons with disability;
(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
person with disability
Added a clause on deliverance
from public ridicule and
verification
RA 9442 declares deliverance of PWDs from public
ridicule PROHIBITIONS ON VERBAL, NON-VERBAL
RIDICULE AND VILIFICATION AGAINST PERSONS
WITH DISABILITY

Section 7. Chapter 1. public ridicule shall be defined


as an act of making fun or contemptuous imitating or
making mockery of persons with disability whether in
writing, or in words, or in action due to their
impairment/s. The following constitutes acts of public
ridicule
CDA Administrative
Order No. 001, S. 2008-
Guidelines on the
Issuance of PWD ID
Cards relative to RA 9442
These guidelines on the issuance of PWD-IDC
relative to Republic Act 9442 aim to:
1. Provide guidance to all local government officials, licensed
physicians, local health officers, and government agencies in the
issuance of PWD-IDC for the privileges and incentives provided for by
R.A. 9442 to PWDs.
2. Facilitate monitoring by the appropriate government agency the use
of the PWD-IDC.
3. Protect the establishments from illegitimate claims or fraudulent
practices on the use of the PWD-IDC.
4. Ensure PWDs an easy availment of the privileges by providing the
establishments a way to immediately identify the beneficiaries.
. Pursuant to Republic Act No. 9442 as amendment to
Republic Act 7277, otherwise known as the Magna
Carta for Disabled Persons and For Other Purposes,
these foregoing guidelines shall serve as a
mechanism for the issuance of a Person With
Disability Identification Card.
2. These guidelines have been formulated by the
National Council on Disability Affairs in coordination
with the Department of Health, Department of Social
Welfare and Development, and Department of
Interior and Local Government as provided for in Rule
IV, Section 6.11 of the IRR.
Identification Cards shall be issued to any bonafide
PWD with permanent disabilities due to any one
or more of the following conditions: psychosocial,
chronic illness, learning, mental, visual, orthopedic,
speech and hearing conditions. This includes
persons suffering from disabling diseases resulting
to the person’s limitations to do day to day
activities as normally as possible such as but not
limited to those undergoing dialysis, heart
disorders, severe cancer cases and such other
similar cases resulting to temporary or permanent
disability.
The Identification Card shall be the basis for
the provision of certain special privileges and
discounts to bonafide PWDs in the
Philippines in accordance with RA 9442.
5. PWD-IDCs shall served as proof for
availment of discount to ensure that persons
with disabilities shall fully enjoy the benefits
and privileges as provided for in RA 9442.
CHANGE NAME FROM MAGNA
CARTA FOR DISABLED PERSON
TO MAGNA CARTA FOR PWDs
Republic Act (R.A.) No. 7277, entitled "An Act
Providing for the Rehabilitation, Self-Development
and Self-Reliance of Disabled Persons and their
Integration into the Mainstream of Society and for
Other Purposes," otherwise known as the "Magna
Carta for Disabled Persons," was passed into law.[5]
The law defines "disabled persons", "impairment"
and "disability"
On April 30, 2007, Republic Act No. 9442[7] was
enacted amending R.A. No. 7277. The Title of R.A.
No. 7277 was amended to read as "Magna Carta for
Persons with Disability" and all references on the
law to "disabled persons" were amended to read as
"persons with disability" (PWD).[8] Specifically, R.A.
No. 9442 granted the PWDs a twenty (20) percent
discount on the purchase of medicine, and a tax
deduction scheme was adopted wherein covered
establishments may deduct the discount granted
from gross income based on the net cost of goods
sold or services rendered:

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