REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No, _4007

Introduced by Representative TYRONE D AGABAS

EXPLANATORY NOTE

This bill which seeks to further amend the magna carta for persons
with disabilities has already been approved by the House of
Representatives on its 3"! and final reading in the 17% Congress. There
is a necessity to file the same on account of its significance in recognizing
the need to augment the privileges given to persons with disabilities.

The State shall adopt an integrated and comprehensive approach to
health development which shall endeavor to make essential goods,
health, and other social services available to all the people at affordable
cost. There shall be priority for the needs of the underprivileged, sick,
elderly, disabled, women and children (Section 11, Article XIII, 1987
Constitution).

Admittedly, one of the most vulnerable sectors in our society are
our persons with disabilities (PWDs). Continued protection must be
afforded to them through sustained legislative measures that will ensure
their full security and protection. The State has the foremost
responsibility to pursue this mandate. In other countries, they have long
implemented securing the rights and privileges of PWDs. The United
States has its anti-discrimination act of 1990 (Disabilities Act of 1990).
In the United Kingdom every employer is required to make necessary
arrangements in the employment of PWDs. In the Philippines, we also
have the Magna Carta for Disabled Persons under Republic Act 7277. We
also have Republic Act 10754 which expanded the benefits and privileges
of persons with disabilities.


However, it seems that there is a need to further enhance the
endowment of additional privileges to our PWDs considering first and
foremost that many of them are marginalized and underprivileged. This
bill will amend and expand employment opportunities to PWDs. Most
importantly, to provide a better and wider understanding of persons
suffering from restrictions, physical or mental, they are not described as
disabled persons but best referred to as persons with disabilities in this
bill.

Accordingly, the approval of this bill is earnestly sought.

Za

TYRONE D. AGABAS
Representative
6% District, Pangasinan


Republic of the Philippines
HOUSE OF THE REPRESENTATIVE
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILLNO.____ ue

Introduced by Representative TYRONE D. AGABAS

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:

1 SECTION 1. Section 4 of Chapter 1, Title One of Republic Act No. 7277, as

2 amended, otherwise known as the “Magna Carta for Persons with Disabil

3 is hereby further amended by inserting new subsections to read as follows:

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

6 x x x

7 (Q) ASSISTIVE DEVICES AND TECHNOLOGIES REFER TO
8 WHEELCHAIRS AND WALKERS, PROSTHESES, HEARING AIDS,
9 AIDS FOR THE VISUALLY IMPAIRED, AND SPECIALIZED
10 COMPUTER SOFTWARE, HARDWARE AND PERIPHERALS THAT
n INCREASE MOBILITY, HEARING, VISION, OR COMMUNICATION
2 CAPACITIES, AMONG OTHERS. THEIR PRIMARY PURPOSE |S

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TO MAINTAIN OR IMPROVE AN INDIVIDUAL’S FUNCTIONING
AND INDEPENDENCE TO FACILITATE PARTICIPATION AND TO
ENHANCE OVERALL WELL-BEING BY HELPING PREVENT
IMPAIRMENTS AND SECONDARY HEALTH CONDITIONS, AND

R) ASSISTIVE TECHNOLOGY SERVICE REFERS TO ANY SERVICE
THAT DIRECTLY ASSIST 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 allowance as a qualified
able-bodied person

[Five] AT LEAST TWO percent (2%) [5%] of all [casual, emergency and
positions in the Departments of Social Welfare and Development; Health;
Education; Culture and Sports; and other governments agencies, offices or
corporations engaged in social development shall be reserved for disabled
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 qualification, [either as regular employee,] 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

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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 ENTITIES 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 EMPLOYER OF 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.”

DcuxXiex

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:

(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

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THE CUSTOMARY ENVIRONMENT OR PLACE OF
EMPLOYMENT, AS WELL AS SELECTING, DESIGNING, FITTING,
CUTOMIZING, ADAPTING, APPLYING, MAINTINING, 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 DEVICE AND TECHNOLOGIES

INCLUDING TECHNICAL AIDS, PROSTHETIC AND ORTHOTIC
DEVICES OR APPLIANCE PARTICULARLY FOR PERSONAL USE
OF PERSON WITH DISABILITIES THAT WILL RESTORE THEIR
SOCIAL FUNCTIONING AND PARTICIPATION IN ECONOMIC
ACTIVITIES AND COMMUNITY AFFAIRS, AND SUCH OTHER
DEVICES AND TECHNOLOGIES APPROPRIATE TO 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

(0) 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 above mentioned 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)

(ii)

(ii)

[An] THE PWO identification card issue by the city or municipal mayor or
the barangay captain of the place where the person|s] with disability
resides, OR BY THE NATIONAL COUNCIL ON DISABILITY AFFAIRS;
OR

The passport of the [persons] PWD with APPARENT disability
[concemed:]

Transportation discount fare Identification Card (ID) issued by the National
Council for the Welfare of Disabled Persons (NCWDP).]

THE IDENTIFICATION CARD ISSUED TO PERSONS WITH PERMANENT

DISABILITIES SHALL BE FREE OF CHARGE AND SHALL BE VALID DURING

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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
(OSWD) SHALL ENSURE THAT THE LIFETIME VALIDITY OF THE ID CARD
OF PERSONS WITH PERMANENT DISABILITIES IS NOT ABUSED,
ESPECIALLY WHEN THE ID HOLDER DIES.”

Dox

SEC. 5. Appropriations. - The Secretary of Social Welfare and Development
shall include in the DSWD’s program 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 Finance,
and the Civil Service Commission, shall promulgate, not later than 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 this 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,

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