THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
P 
S. No. 
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
EXPLANATORY NOTE 
Our concern for the plight of the disabled and the handicapped should not just 
manifest itself solely in terms of financial and material assistance that partake the 
nature of dole-outs. Even more important is the assistance in the area of giving 
recognition to the continuing capability of many of our disabled to work as their 
normal counterpart employees in which cases, they are clearly entitled to be 
compensated and treated as such. 
This bill corrects the misimpression that all disabled persons are by reason of 
their disability, automatically less capable of doing a job satisfactorily. Indeed, there is 
no reason why a disabled person should be treated differently and discriminated upon 
with respect to terms and conditions of employment when he is physically or otherwise 
still able to efficiently perform the work required in accordance with the standards set 
by the employer. 
This bill is consistent with the constitutionally recognized imperative of giving 
priority to the needs of the disabled and of integrating them into the mainstream of 
our society. 
In view of the foregoing, the passage of this bill is earnestly recommended. 
MANUEL B. V LLAR, JR. 
I 


‘ 
THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
AN ACT AMENDING ARTICLE SEVENTY-EIGHT, AND CHAPTER ONE, TITLE 
THREE, BOOK THREE OF THE LABOR CODE, AS AMENDED, BY GIVING 
ADDITIONAL PROTECTION TO HANDICAPPED WORKERS 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Article 78 of the Labor Code, as amended is hereby amended to 
read as follows: 
“ARTICLE 78. Definition -Handicapped workers are those whose 
[earning capacity] WORK PERFORMANCE is impaired OR RENDERED 
INADEQUATE by REASON OF age or physical or mental deficiency or 
injury. 
PROVIDED THAT A PERSON SHALL NOT BE CONSIDERED 
HANDICAPPED FOR PURPOSES OF ENJOYING THE REGULAR WAGE 
RATE WHERE HIS DISABILITY DOES NOT AFFECT HIS JOB 
PERFORMANCE OR HIS CAPACITY TO FULFILL THE REQUIREMENTS 
SPECIFIED BY THE EMPLOYER.” 
SECTION 2. Chapter 111, Book Two of the Labor Code is also amended by 
inserting Article 79-A after Article 79, to read as follows: 
“ARTICLE 55-A. PROHIBITED ACTS. - IT SHALL BE UNLAWFUL 
FOR ANY EMPLOYER: 
A) 
TO 
REJECT 
OR 
DISCRIMINATE 
AGAINST 
ANY 
HANDICAPPED PERSON WITH RESPECT TO TERMS AND 
CONDITIONS OF EMPLOYMENT SOLELY ON ACCOUNT OF 
HIS DISABILITY: PROVIDED, THAT AN EMPLOYER MAY 
REFUSE TO HIRE A HANDICAPPED PERSON WHERE 
THERE IS 
A 
PROBABILITY THAT THE APPLICANT, 
BECAUSE OF THE EXTENT OF THE DISABILITY AND THE 
NATURE OF THE WORK, MIGHT BE UNABLE TO 


1
.
”
 
2 
PERFORM THE TASK INVOLVED IN A SATISFACTORY 
MANNER OR COULD SUFFER INJURY A S  A RESULT OF 
AmEMPTING TO PERFORM THEM, PROVIDED, FURTHER, 
THAT THE BURDEN OF PROOF THAT THE EMPLOYEE IS 
UNABLE TO PERFORM ADEQUATELY SHALL REST ON 
THE EMPLOYER. 
B) 
TO 
REASSIGN 
OR 
TRANSFER 
A 
HANDICAPPED 
EMPLOYEE TO A JOB WHICH THE EMPLOYER KNOWS, 
OR SHOULD REASONABLY KNOW, THAT THE EMPLOYEE 
CAN NOT PERFORM DUE TO HIS HANDICAP; AND 
C) 
TO 
DISCHARGE 
OR 
DISMISS 
AN 
EMPLOYEE 
ON 
ACCOUNT OF HIS DISABILITY UNLESS IT CAN BE SHOWN 
THAT THE PARTICULAR HANDICAP PREVENTS 
OR 
IMPAIRS PERFORMANCE OF THE WORK INVOLVED. 
SECTION 3. This Act shall take effect fifteen (15) days after its publication in 
the Official Gazette or in at least two (2) newspapers of general circulation. 
Approved,