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RECEIVED
Republic of the Philippines ave; FEB 15 2017
HOUSE OF REPRESENTATIVES 3

Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 5058

Introduced by REP. EMMELINE Y. AGLIPAY-VILLAR
DIWA-Party-list

EXPLANATORY NOTE

Our government has always been committed in addressing and improving the plight of our
persons with disability (PWDs) to help them attain their fullest potential to become effective
contributors in community development and active members of the society. ‘The past congresses
have enacted various laws to improve the welfare and advance the rights and privileges of our
PWDs, including among others, the Republic Act No. 10524 ~ “An Act Expanding the Positions
Reserved for Persons with Disability, amending for the purpose the “Magna Carta for Disabled
Persons.”

While R.A. 10524 made it mandatory for all government offices to reserve at least 1% of
all the positions for persons with disability, however, the law gives discretion for private
corporations/companies with more than one hundred (100) employees to reserve at least 1% of all
positions for persons with disability as the law merely encouraged private corporations/companies.

This proposed amendment, however, removes the distinction for both private
corporations/companies with more than one hundred (100) employees and the government to
mandatorily reserve at least one percent (1%) of all positions for persons with disability

Most of the time, PWDs, aside from many other physical and/or psychosocial issues, are
confronted with lack of equal employment opportunity and worse discrimination in the workplace.
According to ILO Director-General, Guy Ryder, “The lack of equal employment opportunities for
persons with disabilities often means lives of poverty and social exclusion,”!

Based on the Philippines 2010 Census of Population and Housing (2010 CPH), there are
about 1,57 percent of the household population or 1.443 million PWDs. Three (3) out of five (5)
PWDs were in the working age group (15 to 64 years old)?, This translates to about 859, 800 PWDs
who are within the working age group in 2010 and is expected to have increased to date. This

* hntp:thwww.ilo.org/global/about-the-iloinewsroom/news/WCMS_418001/lang~envindex.him
* hntps:/ipsa.gov ph/content/persons-disabil ippines-results-2010-census,

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sector of our society who may be vulnerable and differently abled are untapped resources, which
are part of our labor force that can somehow contribute to economic growth.

The objective of this bill is to create and provide an inclusive environment for individuals
who are differently abled to have ample opportunities not only within the government but also in
private companies to be able to realize their personal goals to be successful in their respective
careers. Expanding opportunities for PWDs not only provides opportunity for PWDs to integrate
in the workforce but also in their respective communities and the mainstream society.

Employing persons with disability is not just a good moral cause as an inclusive and diverse
workforce provides opportunities for growth not just for the PWD employees but also the
employers, other employees and the society. This can also promote awareness and understanding
of issues faced by PWDs.

In 2015, eleven (11) major multi-national companies signed the ILO Global Business &
Disability Network Charter to express their commitment to promote inclusion of persons with
disabilities in the workplace throughout their operations worldwide. The signing companies at
Accenture, AccorHotels, Adecco Group, AXA Group, Carrefour Group, Dow Chemical, Groupe
Casino, L’Oréal, Orange, the Standard Bank Group, and Michelin

In the Philippines, we already have local and international companies in the private sector
that actually have successful programs that provide equal employment opportunity for PWDs.

Puzzle-Gourmet Store and Café in Quezon City is amongst the most popular local
enterprise, featured in local and international news that employs differently abled persons. It
started as a family business for their child with autism spectrum disorder (ASD) and eventually
resonated with other persons with disability and their families. The Café employs waiters with
ASD and trains young adults with Down Syndrome, kitchen assistants with ASD and cerebral
palsy.

Jollibee Dagupan owned and operated by the Dagupan Multi-Bee Corporation of the
Jollibee Food Corporation has committed to hire persons with disabilities (PWDs), particularly the
deafimute, get stable jobs with the Dagupan Multi-Bee Corporation, as part of its workforce
pursuant to. the memorandum of agreement (MOA) signed by the franchise holder and the City
Government of Dagupan.

Uber Manila launched a program that fully supports the giving of income generating
opportunities to Filipinos with disabilities on October 13, 2016.® Uber Manila’s program provides
opportunity to persons with hearing problems but not totally deaf to earn their own income from
being a partner-driver using their own vehicles.

2 hetp:/wwwiloorg/global/about-the-ilo“newsroonvnews/WCMS_418001/lang--enindes.htm
* hupy/Awww.bbe.com/news/blogs-ouch-3370S431

$ hutp:/wow.sunstar.com.ph’pangasinan’ocal-news/2017/01
© bep//pwdphil.com’2016"10/14/uber-manila-hires-pwd-drivers

jollibee-dagupan-hires-pwds-pat-its-workforce-520S62

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There are also non-government organizations (NGOs) like the Project Inclusion of Unilab
Foundation which assist PWDs to successfully obtain gainful employment. The Foundation creates
tools to equip willing employers and match potential employees to appropriate positions.

These are testaments that providing for an inclusive workplace for our persons with
disabilities can highlight the business advantages even in the private sector and can facilitate the
exchange of knowledge and good practices among private and public companies.

Expanding equal employment opportunities in the private sector for our persons with
disabilities will help boost the self-confidence of our PWDs and enable them to be self-reliant and
productive and active members of the society as well.

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

Aiatuce Y, Ketter

REP. EMMELINE Y. AGLIPAY-VILLAR
DIWA Party-list

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 5058

Introduced by REP. EMMELINE Y. AGLIPAY-VILLAR
DIWA Party-list

AN ACT
EXPANDING THE MANDATORY POSITIONS RESERVED FOR PERSONS WITH
DISABILITY IN PRIVATE CORPORATIONS, 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 House of Representatives of the Philippines in Congress
assembled:

SECTION 1. CHAPTER I, SECTION 5. Equal Opportunity for Employment, of Republic
Act No. 7277, as amended, is hereby amended to read as follows:

“CHAPTER I~ Employment

SECTION 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 ot
allowances as a qualified able bodied person.

At least one percent (1%) of all positions in PRIVATE CORPORATIONS,
COMPANIES, OR ENTERPRISES WITH MORE THAN ONE HUNDRED
(100) EMPLOYEES AND all government INSTRUMENTALITIES, agencies,
offices or corporations shall be reserved for persons with disability: Provided, That
private corporations with LESS than one hundred (100) employees, are encouraged
to HAVE AT LEAST ONE (1) POSITION FOR PERSONS WITH
DISABILITY. {reserve at least one percent (1%) of all positions for persons with
disability.} (as amended, R.A. 10524, April 23, 2013)”

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SEC. 2. Separability Clause. ~ Should any provision of this Act be found unconstitutional
by a court of law, such provision shall be severed from the remainder of this Act, and such action
shall not affect the enforceability of the remaining provisions of this Act.

SEC. 3. Repealing Clause. ~ All laws, presidential decrees, executive orders, and rides and
regulations inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

SEC. 4. Effectivity Clause. — This Act shall lake effect fifteen (15) days after its publication
in any two (2) newspapers of general circulation.

Approved,

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