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Republic of the Philippines a Za
HOUSE OF REPRESENTATIVES Received @
a © pine JAN 2620
SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4865

lutroduced by Representative Dennis C. Laogan
Ang Kabuhayan Party-List

AN ACT STRENGTHENING AND ENSURING THE EMPLOYMENT OF
PERSONS WITH DISABILITY (PWD), AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 7277, AS AMENDED, OTHERWISE KNOWN AS THE
“MAGNA CARTA FOR PERSONS WITH DISABILITY”

AANATORY

TE

Republic Act No, 7277, otherwise known as “The Magna Carta for Disabled Persons”
approved in 1992, was promulgated to ensure that State will be able to give its full support to
the improvement of the total well-being of disabled persons and aid in their integration into
mainstream of society. This law has been amended by RA 9442, RA 10524, and RA 10754.
Numerous other laws, administrative orders, local ordinances, departmental circulars, rules, and
proclamations have also been promulgated secking to improve the welfare of PWDs.

There have also been numerous employment-related programs and services from the
executive department for the PWDs, such as the Tulong Alalay sa Taong May Kapansanan
(TULAY) program, or support services to PWDs, of the Department of Labor and Employment
(DOLE), the Assistance Package for PWDs of the Department of Trade and Industry (DTI), the
Philippine National Skills Competition for PWDs of the Technical, Education and Skills
Development Authority (TESDA), and the Science and Technology Intervention for the Poor,
the Vulnerable and PWDs of the Department of Science and Technology (DOST).

However, despite all of the above, the current provisions in the abovementioned laws,
projects and programs are not effective enough to translate our laws into concrete, sustainable
progress in the employment of PWDs in the country, especiaily in the private sector.

A 2013 study! published by the Philippine Institute for Development Studies (PIDS)
enumerates the following key findings relevant to the rationale behind this proposed measure:

* Mina, C., “Employment of Persons with Disabilities (PWDs) in the Philippines: The Case of Metro Manila and
Rosario Batangas,” PIDS Discussion Paper Series, Philippine Institute for Development Studies. January 2013


(1) roughly half of working PWDs are underemployed;

(2) the majority of employed respondents in both areas are considered as vulnerable

workers — self-employed and unpaid family workers, and;

(3) some PWDs who are wage/salary workers are considered as informally employed as
they are working as temporary workers without formal contract, seasonal workers, or hired on a
daily basis.

‘The “Magna Carta for Disabled Persons” is already a commendable legislative effort in
itself, but in light of the continuing problem of PWD employment as abovementioned, there is a
pressing need to make improvements on the pertinent provisions of the said law. Hence, this
measure seeks to do the same by amending Sections 5 and 8 of RA 7277, with Sec. 5 dealing
with reservation of positions for PWDs, and Sec. 8 dealing with incentives for employers of

PWDs.

IN VIEW OF THE FOREGOING, the approval of this bill is earnestly sought.

p AOGAN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House pitt No, 4865

Introduced by Representative Dennis C. Laogan
Ang Kabuhayan Party-List

AN ACT STRENGTHENING AND ENSURING THE EMPLOYMENT OF
PERSONS WITH DISABILITY (PWD), AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 7277, AS AMENDED, OTHERWISE KNOWN AS THE
“MAGNA CARTA FOR PERSONS WITH DISABILITY”

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

Congress assembled:

SECTION 1. Declaration of Policy — The State, in accordance with the constitutional
mandate in Article XIII of the 1987 Constitution, shall afford full protection to labor, and
promote full employment and equality of employment opportunities. The State is also mandated
to ensure the integration of persons with disability into mainstream society.

More importantly, Congress is constitutionally mandated to give the highest priority to
the enactment of measures reduce economic inequalities by diffusing wealth for the common
g00d.

SECTION 2, Amendment of Section 5 of RA 7277 — Section 5 of RA 7277, otherwise
known as the “Magna Carta for Persons with Disability”, as amended by RA 10524, is hereby
further amended to read as follows:

“See. 5, Equal Opportunity for Employment. - No person with

disability shall be denied access to opportunities for suitable employment. A

qualified 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.

At least two percent (2%) of all positions in all government agencies,
offices or corporal ions shall be reserved for persons with disability:

Provided, That private corporations with more than one hundred (100)
but not more than one thousand (1,000) employees are mandated to reserve
at least one percent (1%) of all positions for persons with disability, while


those with more than one thousand (1,000) employees are mandated to
reserve at least two percent (2%) of all positions for such persons with
disability.”

SECTION 3. Amendment of Section 8 of RA 7277 — Section 8 of RA 7277, otherwise
known as the “Magna Carta for Persons with Disability”, is hereby further amended to read as

follows:

eI AH RYDE

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“Sec, 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 as apprentices or learners, 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, while
private entities that employ said disabled persons as regular employees shall
be entitled to an additional deduction, from their gross income, equivalent
to fifty (50%) 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 such disabled persons are under their
employ.

Provided further, That said disabled employees are accredited with the
Department of Labor and Employment and the Department of Health as to their
disability, skills and qualifications.

(©) Private entities that improve 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 4. Repealing Clause. — Any law, presidential decree or issuance, executive

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order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent

with the provisions of this Act is hereby repealed, modified or amended accordingly.

SECTION 5. Effectivity Clause. — This Act shall take effect after fifteen (15) days
following its publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,