‘GEPRE SS >

” RECEIVED @
DATE:vAN 18 200

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Ryblic of the Phalgpines

HOUSE OF REPRESENTATIVES
Queen City

\

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No, 8392

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT GRANTING ADDITIONAL PRIVILEGES
TO PERSONS WITH DISABILITIES, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 7277, AS AMENDED, OTHERWISE KNOWN AS
THE MAGNA CARTA FOR PERSONS WITH DISABILITIES, AND
APPROPRIATING FUNDS THEREFOR

This version of the bill passed the 3" and final reading in the 17" Congress but
was not enacted into law. It seeks to further amend the magna carta for persons
with disabilities in recognition of the need to augment the privileges already
given.

Many of our persons with disabilities (PWDs) are underprivileged. Among
others, this bill amends and expands their employment opportunities. It also
gives incentives to employers to encourage the promotion of the rights of
persons with disabilities.

This is also in recognition of our constitutional mandate to give priority for the
needs of the underprivileged, sick, elderly, disabled women and children.

In view of the foregoing the passage of this bill is most earnestly sought.

Al

LUIS RAY} “LRAY” /ILLAFUERTE, JR.


Reh of he Philipines
HOUSE OF REPRESENTATIVES
Queso City

EIGHTEENTH CONGRESS
‘Second Regular Session

HOUSE BILL No, 8392

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT GRANTING ADDITIONAL PRIVILEGES
TO PERSONS WITH DISABILITIES, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 7277, AS AMENDED, OTHERWISE KNOWN AS
THE MAGNA CARTA FOR PERSONS WITH DISABILITIES, AND
APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Section 4 of Chapter 1, Title One of Republic Act No. 7277, as
amended, otherwise known as the “Magna Carta for Persons with
Disabilities,” is hereby further amended by inserting new subsections to read
as follows:

“SEC. 4. Definition of Terms — [For purposes of] AS USED IN this Act:
[these terms are defined as follows:

1K

(Q) ASSISTIVE DEVICES AND TECHNOLOGIES REFER TO
WHEELCHAIRS AND WALKERS, PROSTHESES, HEARING AIDS, AIDS
FOR THE VISUALLY IMPAIRED, AND SPECIALIZED COMPUTER
SOFTWARE, HARDWARE AND PERIPHERALS THAT INCREASE
MOBILITY, HEARING, VISION, OR COMMUNICATION CAPACITIES,
AMONG OTHERS. THEIR PRIMARY PURPOSE IS TO MAINTAIN OR
IMPROVE AN INDIVIDUAL'S FUNCTIONING AND INDEPENDENCE TO
FACILITATE PARTICIPATION AND TO ENCHANCE OVERALL WELL-
BEING BY HELPING PREVENT IMPAIRMENTS AND SECONDARY
HEALTH CONDITIONS; AND

(R) ASSISTIVE TECHNOLOGY SERVICE REFERS TO ANY SERVICE
THAT


DIRECTLY ASSISTS A PERSON WITH DISABILITY IN THE SELECTION,
ACQUISITION, OR USE OF AN ASSISTIVE DEVICE AND TECHNOLOGY.”

SEC. 2. Section 5 of Chapter 1, Title Two of Republic Act No. 7277, as
amended, is hereby further amended to read as follows:

“SEC. 5. Equal Opportunity for Employment. — No [disabled] person WITH
DISABILITY shall be denied access to opportunities for suitable employment.
A qualified [disabled] employee WITH DISABILITY 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] AT LEAST TWO percent (2%) [5%] of all (casual, emergency and
contractual positions in the Departments 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
disable persons.] POSITIONS IN ALL GOVERNMENT AGENCIES, OFFICES
OR CORPORATIONS SHALL BE FILLED UP WITH QUALIFIED PERSONS
WITH DISABILITIES: PROVIDED, THAT PRIVATE CORPORATIONS ARE
MANDATED TO RESERVE AT LEAST ONE PERCENT (1%) OF ALL
POSITIONS FOR PERSONS WITH DISABILITIES: PROVIDED FURTHER,
THAT THOSE PRIVATE CORPORATIONS WITH MORE THAN ONE
THOUSAND (1,000) EMPLOYEES SHALL RESERVE AT LEAST TWO
PERCENT (2%) OF ALL POSITIONS FOR PERSONS WITH DISABILITIES.”

SEC. 3. Section 8 (a) and (b) of Chapter 1, Title Two of Republic Act No.
7277, as amended, is hereby further amended to read as follows:

“SEC. 8. Incentives for Employers. — (a) To encourage the active participation
of the private sector in promoting the [welfare] RIGHTS of [disabled] persons
WITH DISABILITIES and to ensure gainful employment for qualified [disabled]
persons WITH DISABILITIES, adequate incentives shall be provided to
private entities which employ [disabled] persons WITH DISABILITIES.

(b) Private entities that employ [disabled] persons WITH DISABILITIES who
meet the required skills or qualifications, [either as regular employees,] AS
apprentice or leamer, 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 WITH DISABILITIES, WHILE
PRIVATE ENTITIES THAT EMPLOY SAID PERSONS WITH DISABILITIES
AS REGULAR EMPLOYEES SHALL BE ENTITLED TO AN ADDITIONAL
DEDUCTION, FROM THEIR GROSS INCOME, EQUIVALENT TO FIFTY
PERCENT (50%) OF THE TOTAL AMOUNT PAID AS SALARIES AND
WAGES TO PERSONS WITH DISABILITIES: Provided, [however, That such
entities present proof as certified by the Department of Labor and
Employment that disabled persons 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.]
THAT THE DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE),
UNDER ITS LABOR LAWS, SHALL ISSUE A CERTIFICATE OF
COMPLIANCE TO PRIVATE ENTITLES AS _ PRESCRIBED IN
DEPARTMENT ORDER NO. 131-B, SERIES OF 2016, ON THE REVISED
RULES ON LABOR LAWS COMPLIANCE SYSTEM: PROVIDED FURTHER,
THAT IF THERE IS NO QUALIFIED PERSON WITH DISABILITY
APPLICANT AFTER THIRTY (30) DAYS FROM THE MANDATORY
PUBLICATION BY THE EMPLOYEROF ITS JOB VACANCY RESERVED.
FOR PERSONS WITH DISABILITIES, THE EMPLOYER MAY HIRE A NON-
PWD APPLICANT FOR SAID RESERVED POSITIONS BY SECURING
PRIOR APPROVAL FROM THE DOLE.”

XXX

SEC. 4. Section 32 of Chapter 8, Title Two of Republic Act No. 7277, as
amended, is hereby further amended by inserting two new subsections to
read as follows:

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

(L) A MONTHLY STIPEND AMOUNTING TO FIVE HUNDRED PESOS
(P500.00) TO AUGMENT THE DAILY SUBSISTENCE, MEDICAL AND
OTHER NEEDS OF MARGINALIZED PERSONS WITH DISABILITIES:
PROVIDED, THAT PERSONS WITH DISABILITIES WHO ARE RECIPIENTS
OF SIMILAR FINANCIAL ASSISTANCE FROM THE GOVERNMENT,
INCLUDING MONETARY ASSISTANCE FOR SENIOR CITIZENS AND
BENEFICIARIES UNDER THE PANTAWID PAMILYANG PILIPINO
PROGRAM, OR 4PS, SHALL NO LONGER BE GIVEN THIS STIPEND;

M) PROVISION OF FREE ASSISTIVE TECHNOLOGY SERVICES SUCH AS
THE EVALUATION OF THE NEEDS AND THE FUNCTIONAL CAPACITY
OF PERSONS WITH DISABILITIES IN THE CUSTOMARY ENVIRONMENT
OR PLACE OF EMPLOYMENT, AS WELL AS SELECTING, DESIGNING,
FITTING, CUSTOMIZING, ADAPTING, APPLYING, MAINTAINING,
REPAIRING, OR REPLACING ASSISTIVE TECHNOLOGY DEVICES;
TRAINING OR TECHNICAL ASSISTANCE FOR PERSONS WITH
DISABILITIES; SIGN LANGUAGE INTERPRETING AND JOB COACHING,
AND SUCH OTHER FORMS OF ASSISTANCE: PROVIDED, THAT THE
BENEFICIARY IS A MARGINALIZED PERSON WITH DISABILITY AS
CERTIFIED BY THE LOCAL HEALTH OFFICE OF THE LOCAL
GOVERNMENT UNIT CONCERNED;

(N) PROVISION OF FREE ASSISTIVE DEVICES AND TECHNOLOGIES
INCLUDING TECHNICAL AIDS, PROSTHETIC AND ORTHOTIC DEVICES.


OR APPLIANCES PARTICULARLY FOR PERSONAL USE OF PERSONS
WITH DISABILITIES THAT WILL RESTORE THEIR SOCIAL FUNCTIONING
AND PARTICIPATION IN ECONOMIC ACTIVITIES AND COMMUNITY
AFFAIRS, AND SUCH OTHER DEVICES AND TECHNOLOGIES
APPROPRIATE TO THE OTHER DISABILITIES: PROVIDED, THAT THE
BENEFICIARY IS A MARGINALIZED PERSON WITH DISABILITY AS
CERTIFIED BY THE LOCAL HEALTH OFFICE OF THE LOCAL
GOVERNMENT UNIT CONCERNED; AND

(OQ) EXEMPTION FROM PASSPORT PROCESSING FEES, AS WELL AS.
TRAVEL TAXES, TERMINAL FEES, OTHER FEES AND CHARGES LEVIED
IN AIRPORTS, PORTS, OR OTHER TERMINALS BY THE GOVERNMENT,
ITS AGENCIES OR INSTRUMENTALITIES, OR BY GOVERNMENT-
OWNED OR CONTROLLED CORPORATIONS.

The abovementioned privileges are available only to persons with [disability]
DISABILITIES who are Filipino citizens upon submission of any of the
following as proof of [his/her] entitlement thereto:

(i) [An] THE PWD identification card issued by the city or municipal mayor or
the barangay captain of the place where the personfs] with disability resides,
OR BY THE NATIONAL COUNCIL ON DISABILITY AFFAIRS; OR

(ii) The passport of the [person] PWD with APPARENT disability
[concemed].

{(iii) Transportation discount fare Identification Card (ID) issued by the
National Council for the Welfare Disables Persons (NCWDP).]

THE IDENTIFICATION CARD ISSUED TO PERSONS WITH PERMANENT
DISABILITIES SHALL BE FREE OF CHARGE AND SHALL BE VALID
DURING THE LIFETIME OF THE CARDHOLDER: PROVIDED, THAT SUCH
PERMANENT DISABILITY IS CERTIFIED BY THE MUNICIPAL OR CITY
HEALTH OFFICE AND VERIFIED BY THE LOCAL SOCIAL WELFARE
DEVELOPMENT OFFICE (LSWDO).

THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD)
SHALL ENSURE THAT THE LIFETIME VALIDITY OF THE ID CARD OF
PERSONS WITH PERMANENT DISABILITIES IS NOT ABUSED,
ESPECIALLY WHEN THE ID HOLDER DIES.”

XXX

SEC. 5. Appropriations. — The Secretary of Social Welfare and Development
shall include in the DSWD's programs the implementation of this Act, the
funding of which shall be included in the Annual General Appropriations Act.


SEC. 6. Implementing Rules and Regulations. — The DSWD, in
coordination with the NCDA and in consultation with the Department of the
Interior and Local Government, the Department of Health, the DOLE, the
Department of the Finance, and the Civil Service Commission, shall
promulgate, not later that ninety (90) days after the effectivity of this Act, the
necessary rules and regulations for its proper and effective implementation.

SEC. 7. Separability Clause. — If any provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the
other provisions hereof.

SEC. 8. Repealing Clause. — All laws, presidential decrees, executive orders
and rules and regulations inconsistent with the provisions of the Act are
hereby repealed or modified accordingly.

SEC. 9. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,