MAGNA CARTA OF PERSONS WITH DISABILITY

Republic Act No. 7277

(as amended by Republic Act 9442)
PERSONS WITH DISABILITY

Those who are suffering from certain limitations to perform an activity in a manner
considered as normal for a human being, as a result of mental, physical or sensory
impairment.

RIGHTS AND PRIVILEGES OF PERSONS WITH DISABILITY

A. 20% Discount

• Hotels, lodging establishments, restaurants and recreation centers

• Admission fees in theaters, cinema houses, concert halls, circuses carnivals
and other similar places of culture, leisure, and amusement
• Cost of medicines in all drugstores
• Cost of medical and dental services in all governmental facilities
• Cost of medical and dental services in all private and medical facilities
• FAre

Requirement to avail the 20% Discount

• Filipino Citizen
• Present a proof of entitlement
a. ID
b. Passport
c. Transport discount fare ID
• Establishments does not offer higher than 20% discount

B. EXPRESS LANE

Provision of express lanes for persons with disability in all commercial and
government establishments; in the absence thereof, priority shall be given to them.

C. RIGHT TO BARRIER-FREE ENVIRONMENT

SECTION 1. In order to promote the realization of the rights of disabled persons to

participate fully in the social life and the 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 centers or establishments, public parking places, work-places,
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 the
mobility of disabled persons such as sidewalks, ramps, railings and the like. If
feasible, all such existing 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, street 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 establishment, or public utilities, the owner or
operator shall 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 buildings, space or utilities shall be
criminally responsible for any violation of this Act and/or rules and regulations
promulgated pursuant thereto.

D. FREE USE OF GOVERNMENT RECREATIONAL OR SPORTS CENTER

Free of Charge Recreational or sports centers owned or operated by the Governent

shall be used, free of charge, by marginalized disabled persons during their social,
sports or recreation activities.

E. FREE POSTAL CHRAGES

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;

WHO ARE QUALIFIED

• The purpose is for personal use

• marginalized disabled
• Holders of accreditation certificate

F. RIGHT TO EQUAL OPPORTUNITY FOR EMPLOYMENT

5% casual emergecncy and contractual positions

Dept of Education, DSWD Department of health, other gvt agencies engaged in social
development

G. RIGHT TO EQUAL TERMS AND CONDITIONS OF 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.

Bernardo vs.NLRC
310,SCRA,186

Facts:
--------X and other deaf-mute ,hired by FEBTC as money sorters and counters
through an Employment Agreement for Handicapped workers
---------Terminated upon expiration of contract
---------claimed cannot be terminated,regular employees, money sorters
/counters necessary and desirable to he business of the bank.
FEBTC:-not regular employees---engaged as special workers pursuant to
Art.80,Labor Code
---------employment was merely an accommodation from request of govt.
representatives/civic-minded citizens
---------renewed for humanitarian reasons

ISSUE:
Whether or not they are regular employees.

Held:
Art.80,Labor Code:Employment Agreement: any employer who employs a
handicapped worker shall enter into an employment agreement xxxxx to include
the following:
A.xxxx
B.xxxx
C.duration of employment period;
D.The work to be performed by the handicapped worker.

Art.280,Labor code:The provision of written agreement xxxxx regardless of

the oral agreement of the parties, an employee shall be deemed regular when
the employee has been engaged to perform activities which are usually
necessary and desirable in the usual business or trade of the employer xxxxxxx

While their employment contracts indubitably conforms with Art.80,Labor

Code, regular employees of FEBTC.
RA.7277(Magna Carta of Disabled Person),removed their employment from
the ambit of Art.80,and justify the application of Art.280,Labor Code
Employment contracts renewed/hired--task were beneficial and necessary to
FEBTC
Qualified to perform responsibilities,disabilities not rendered
unqualified/unfit for task assigned;
RA.7277,qualified disabled employees given same terms and conditions as
qualified able-bodied employees,
Qualified disabled-removed employment contracts from Art.80,and
covered by Art.280,Labor Code.
Security of tenure, terminated with just cause

H. RIGHT TO SHELTERED EMPLOYMENT

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.

I. RIGHT TO BE HIRED AS APPRENTICES OR LEARNERS

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;

J. RIGHT TO QUALITY EDUCATION

• ensure that disabled persons are provided with adequate access to quality
education and ample opportunities to develop their skills.
• Unlawful for any learning institution to deny a person admission to any
course it offers simply because of handicap or disability
•
K. RIGHT TO EDUCATIONAL ASSISTANCE

• The State shall provide financial assistance to economically marginalized but

deserving disabled students pursuing post secondary or tertiary education.

L. RIGHT OF HEALTH SERVICES

 A. Provide an integrated health service for persons with disability
i. prevention of disability through immunization, nutrition, environment
protection and preservation and generic counseling
ii. Medical treatment and rehabilitation
B. Institute a national health program for the purpose of:
i. Prevention of disability, whether occuring prenatally or post natally;
ii. Recognition and early diagnosis of disability
iii. Early rehabilitations of the persons with disability
C. Establish medical rehabilitation centers in government provoncial hospitals

M. 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.

(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.
TELIVISION COMPANIES are encourage to provide sign language at least one
program a day and special program covering events of national significance
TELEPHONE COMPANIES are encourage to install special devices for hearing
impaired and ensure that they are commercially available to enable to communicate

N. MOBILITY

Disabled persons shall be allowed to drive motor vehicles

a. Partially blind
b. Orthopedically impaired
c. Speech and hearing impaired

REQUIREMENTS
 A. Medical Certificate
B. Written and practical exam
C. Studen permit and driving instruction for 60 days

O. SUFFRAGE

TO register as a voter:
through..
a. any relative within 4th civil degree of consaguinity or affinity
b. any member of the board of election inspectors
DURING ELECTIONS:
a. A relative, by affinity or consaguinity. Within 4th civil degree
b. any person of his confidence
c. . any member of the board of election inspectors

P. Freedom of expression
Q. Self Organization