REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 585

Introduced by Representative MARLYN L. PRIMICIAS-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.

wal! te cuss ncanas


Republic of the Philippines
HOUSE OF THE REPRESENTATIVE
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 585

Introduced by Representative MARLYN L. PRIMICIAS-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 Disabilities,”
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
s [these terms are defined as follows:

6 x x x

(Q) ASSISTIVE DEVICES AND TECHNOLOGIES REFER TO
WHEELCHAIRS AND WALKERS, PROSTHESES, HEARING AIDS,
AIDS FOR THE VISUALLY IMPAIRED, AND SPECIALIZED

oan

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COMPUTER SOFTWARE, HARDWARE AND PERIPHERALS
THAT INCREASE MOBILITY, HEARING, VISION, OR
COMMUNICATION CAPACITIES, AMONG OTHERS. THEIR


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PRIMARY PURPOSE IS 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: — PROVIDEDFURTHER, 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 learner, shall be entitled to an additional deduction, from


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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 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.”

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 shal! 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;


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(i)

(ii)

{(ii)

(M)

(N)

(0)

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,
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;

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

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:

[An] THE PWD 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
{concered:]

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


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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.”

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,