Amending R. a. No. 7277 (Magna Carta for Persons with Disability)

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) AUG -6 P2:19 First Regular Session RECEIVES D SENATE S. No. 1045 Introduced by Senator Jinggoy Ejercito Estrada AN ACT FURTHER AMENDING REPUBLIC ACT NO. 7277, AS AMENDED, OTHERWISE KNOWN AS THE "MAGNA CARTA FOR PERSONS WITH DISABILITY" AND APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES EXPLANATORY NOTE Republic Act No. 7277 or the "Magna Carta for Disabled Persons" was enacted in March 1992. The law grants rights and privileges to persons with disabilities and gives full support to the improvement of their total well-being and their integration into mainstream society. It also declared as State policy the adoption of policies ensuring the rehabilitation, self-development and self-reliance of PWDs. R.A. 7277 was later refined and strengthened by a series of legislative acts. As one of the authors of the bills which eventually became laws amending the subject Magna Carta, - i.e. Republic Act No. 9442 during the 13th Congress and Republic Act No. 10070 during the 14th Congress - this representation believes in the necessity to continuously enhance its provisions and introduce relevant reforms thereto to make it more responsive and proactive in addressing the needs and concerns of the PWDs, considered as one of the marginalized and most vulnerable sectors of our society.

According to the National Council on Disability Affairs, there are 2,077,899 total registered persons with disabilities (PWDs) as of March 7, 2025. Citing data from the Department of Health (DOH), NCDA shares that 809,352 Filipinos have physical disability, 326,996 have speech impairment, 306,437 have psychosocial disability, and 246,592 have visual disability.2 Under this measure, which was reported out by the Senate Committee on Social Justice, Welfare and Rural Development during the 19th Congress, the undersigned proposes to further expand the entitlements given to PWDs to include a monthly Php 500 stipend to augment their daily subsistence needs, and provide free assistive technology devices (such as wheelchair, hearing aids) and services job coaching, trainings). They shall also be exempted from the payment of passport processing fees, travel taxes, and other fees and charges levied in airports, ports and terminals operated by the government. Moreover, persons with permanent disability shall be issued free of charge identification cards with lifetime validity. In view of fostering the sector's capability to attain meaningful, productive and satisfying life, the immediate passage of this measure is fervently sought. JINGGOY EJERCITO ESTRADA 1 https://ncda.gov.ph/ 2 Ibid.

Chur nin TWENTIETH CONGRESS OF THE ) ) REPUBLIC OF THE PHILIPPINES ) First Regular Session AUb -6 P2:19 SENATE RECEIVED U! S. No. 1045 Introduced by Senator Jinggoy Ejercito Estrada AN ACT FURTHER AMENDING REPUBLIC ACT NO. 7277, AS AMENDED, OTHERWISE KNOWN AS THE "MAGNA CARTA FOR PERSONS WITH DISABILITY" AND APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

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

amended, otherwise known as the "Magna Carta for Persons with Disabilities" is hereby amended by inserting new subsections to read as follows: "Section 4. Definition of Terms. - [For purposes of] AS USED IN this Act[, these terms are defined as follows]: "xXx "(Q) ASSISTIVE DEVICES AND TECHNOLOGIES REFER TO DEVICES THE PRIMARY PURPOSE OF WHICH IS TO MAINTAIN OR IMPROVE AN INDIVIDUAL'S FUNCTIONING AND INDEPENDENCE TO FACILITATE PARTICIPATION AND TO ENHANCE OVERALL WELL-BEING BY HELPING TO PREVENT IMPAIRMENTS AND SECONDARY HEALTH CONDITIONS. IT INCLUDES WHEELCHAIRS AND WALKERS, PROSTHESES, HEARING AIDS, AIDS FOR THE VISUALLY IMPAIRED, AND SPECIALIZED

COMPUTER SOFTWARE, HARDWARE, AND PERIPHERALS THAT INCREASE MOBILITY, HEARING, VISION, OR COMMUNICATION CAPACITIES, AMONG OTHERS; AND "(R) ASSISTIVE TECHNOLOGY SERVICE REFERS TO ANY SERVICE THAT DIRECTLY ASSISTS A PERSON WITH DISABILITY IN THE SELECTION, ACQUISITION, OR USE OF AN ASSISTIVE DEVICE AND TECHNOLOGY."

Sec. 2. 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 persons WITH DISABILITIES and to ensure gainful employment for qualified persons WITH DISABILITIES, adequate incentives shall be provided to private entities which employ persons WITH DISABILITIES. "(b) Private entities that employ persons WITH DISABILITIES who meet the required skills of qualifications, either as regular employee, apprentice or learner, shall be entitled to an additional deduction, from their gross income, equivalent to twenty-give percent (25%) of the total amount paid as salaries and wages to [disabled] 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, OR 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- PERSON WITH DISABILITY APPLICANT FOR SAID RESERVED POSITIONS BY SECURING PRIOR APPROVAL FROM THE DOLE. "(c) XXX."

Sec. 3. Section 32 of Chapter 8, Title Two of Republic Act No. 7277, as

amended, is hereby amended by inserting four (4) new subsections to read as follows: "Sec. 32. Persons with disability shall be entitled to the following: "(a) "xXX "(k) Provision of express lanes for persons with disability in all commercial and government establishments; in the absence thereof, priority shall be given to them. "(L) A MONTHLY STIPEND AMOUNTING TO FIVE HUNDRED PESOS (P500.00) TO AUGMENT THE DAILY SUBSISTENCE, MEDICAL AND OTHER NEEDS OF MARGINALIZED AND INDIGENT PERSONS WITH SEVERE DISABILITIES: PROVIDED, THAT PERSONS WITH DISABILITIES WHO ARE RECIPIENT 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 FUNCTIONAL CAPACITY OF PERSONS WITH DISABILITIES IN THE CUSTOMARY ENVIRONMENT OR PLACE OF EMPLOYMENT, AS WELL AS SELECTING, DESIGNING, FITTING, CUSTOMIZING, ADAPTING, APPLYING, MAINTAINING, REPAIRING, OR REPLACING ASSISTIVE TECHNOLOGY DEVICES; TRAINING OR TECHNICAL ASSISTANCE FOR PERSONS SIGN LANGUAGE WITH DISABILITIES; 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 DEVICES AND TECHNOLOGIES INCLUDING TECHNICAL AIDS, PROSTHETIC AND ORTHOTIC DEVICES OR APPLIANCES PARTICULARLY FOR PERSONAL USE OF PERSONS 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

"(O) 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 ITS AGENCIES OR GOVERNMENT, INSTRUMENTALITIES, OR BY GOVERNMENT-OWNED AND -CONTROLLED CORPORATIONS. "The abovementioned privileges are available only to persons with disability who are Filipino citizens upon submission of any of the following as proof of entitlement thereto: "(I) [AA] THE PERSONS WITH DISABILITY identification card issued by the city of municipal mayor or the barangay [captain] CHAIRPERSON of the place where the person with disability resides, OR BY THE NATIONAL COUNCIL ON DISABILITY AFFAIRS (NCDA); OR "(II) The passport of the persons with PERMANENT disability [concerned;]- "[(HI) Transportation discount fare Identification Card (ID) issued by the National Council for the Welfare of Disabled Persons (NCWDP.)] "PROVIDED, THAT 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, FURTHER, THAT SUCH PERMANENT DISABILITY IS CERTIFIED BY THE MUNICIPAL OR CITY HEALTH OFFICE AND VERIFIED BY THE LOCAL SOCIAL WELFARE DEVELOPMENT OFFICER (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. 4. Implementing Rules and Regulations. - Within sixty (60) days from the

5 effectivity of this Act, the National Council on Disability Affairs (NCDA), in coordination with the Department of Heath (DOH), the Department of Social Welfare and Development (DSWD), the Department of Labor and Employment (DOLE), the Civil 8 Service Commission (CSC), the Philippine Statistics Authority, the Governance Commission for Government-Owned or Controlled Corporations (GCG), and other relevant government agencies, shall promulgate the necessary rules and regulations for its proper and effective implementation.

Sec. 5. Appropriations. - The Secretary of Social Welfare and Development shall

include in the DSWD's programs the implementation of this Act, the funding of which shall be included in the annual General Appropriations Act.

Sec. 6. Separability Clause. - If any provision of this Act is held unconstitutional,

the remainder thereof not otherwise affected shall remain in full force and effect.

Sec. 7. Repealing Clause. - Any law, decree or issuance, executive order, rules

and regulations or parts thereof which are inconsistent with this Act are hereby repealed, amended or modified accordingly.

Sec. 8. Effectivity. - This Act shall take effect fifteen (15) days following the

completion of its publication in the Official Gazette or in a newspaper of general circulation. Approved,