Persons with Disability or PWDs or Handicapped Workers:
Arts. 78-81 (LC) & Magna Carta for Disabled Persons , R.A. 7277 as
amended by RA. 10070 (April 6, 2010)
Article 78. Definition. Handicapped workers are those whose earning
capacity is impaired by age or physical or mental deficiency or injury.
Article 79. When employable. Handicapped workers may be employed
when their employment is necessary to prevent curtailment of
employment opportunities and when it does not create unfair
competition in labor costs or impair or lower working standards.
Article 80. Employment agreement. Any employer who employs
handicapped workers shall enter into an employment agreement with
them, which agreement shall include:
The names and addresses of the handicapped workers to be employed;
The rate to be paid the handicapped workers which shall not be less than
seventy five (75%) percent of the applicable legal minimum wage;
The duration of employment period; and
The work to be performed by handicapped workers. The employment
agreement shall be subject to inspection by the Secretary of Labor or his
duly authorized representative.
Article 81. Eligibility for apprenticeship. Subject to the appropriate
provisions of this Code, handicapped workers may be hired as
apprentices or learners if their handicap is not such as to effectively
impede the performance of job operations in the particular occupations
for which they are hired.
- Definition – Secs. 4 a-d, R.A. 7277
SECTION 4. Definition of Terms: For purposes of this Act, these terms
are defined as follows:
(a). Disabled Persons are those suffering from restriction of different
abilities, as a result of a mental, physical or sensory impairment, to
perform an activity in the manner or within the range considered
normal for a human being;
(b). Impairment is any loss, diminution or aberration of psychological,
physiological, or anatomical structure of function;
(c). Disability shall mean (1) a physical or mental impairment that
substantially limits one or more psychological, physiological or
anatomical function of an individual or activities of such individual;
(2) a record of such an impairment; or (3) being regarded as having
such an impairment;
(d). Handicap refers to a disadvantage for a given individual resulting
from an impairment or a disability, that limits or prevents the functions
or activity, that is considered normal given the age and sex of the
individual;
- Statement of Policy – Sec. 2, R.A. 7277
SECTION 2. Declaration of Policy: The grant of the rights and
privileges for disabled persons shall be guided by the following principles:
(a). Disabled persons are part of the Philippine society, thus the Senate
shall give full support to the improvement of the total well-being of
disabled persons and their integration into the mainstream of society.
Toward this end, the State shall adopt policies ensuring the rehabilitation,
self-development and self-reliance of disabled persons.
It shall develop their skills and potentials to enable them to compete
favorably for available opportunities.
(b). Disabled persons have the same rights as other people to take their
proper place in society. They should be able to live freely and as
independently as possible. This must be the concern of everyone the
family, community and all government and non-government
organizations. Disabled person’s rights must never be perceived as
welfare services by the Government.
(c). The rehabilitation of the disabled persons shall be the concern of the
Government in order to foster their capability to attain a more meaningful,
productive and satisfying life. To reach out to a greater number of
disabled persons, the rehabilitation services and benefits shall be
expanded beyond the traditional urban-based centers to community
based programs, that will ensure full participation of different sectors as
supported by national and local government agencies.
(d). The State also recognizes the role of the private sector in promoting
the welfare of disabled persons and shall encourage partnership in
programs that address their needs and concerns.
(e). To facilitate integration of disabled persons into the mainstream of
society, the State shall advocate for and encourage respect for disabled
persons. The State shall exert all efforts to remove all social, cultural,
economic, environmental and attitudinal barriers that are prejudicial to
disabled persons.
Coverage – Sec. 3, R.A. 7277
SECTION 3. Coverage: This Act shall covers all disabled persons and, to
the extend herein provided, departments, offices and agencies of the
National Government or non-government organization involved in the
attainment of the objectives of this Act.
Rights and Privileges – Secs. 4(i), 5-7, R.A. 7277
Sec. 4 (i). Sheltered Employment refers to the provision of productive work for
disabled persons through workshop providing special facilities, income producing
projects or homework schemes with a view to given them the opportunity to earn a
living thus enabling them to acquire a working capacity required in open industry.
SECTION 5. Equal Opportunity for Employment : No disabled persons shall be
denied access to opportunities for suitable employment. A qualified disabled
employee shall be subject to the same terms and conditions of employment and the
same compensation, privileges, benefits, fringe benefits, incentives or allowances as
a qualified able-bodied person. Five percent (5%) of all casual, emergency and
contractual positions in the Department of Social Welfare and Development; Health;
Education, Culture and Sports; and other government agencies, offices or
corporations engaged in social development shall be reserved for disabled persons.
SECTION 6. Sheltered Employment : If suitable employment for disabled persons
cannot be found through open employment as provided in the immediately
preceding Section, the State shall endeavor to provide it by means of sheltered
employment. In the placement of disabled persons in sheltered employment, it shall
accord due regard to the individual qualities, vocational goals and inclinations to
ensure a good working atmosphere and efficient production.
SECTION 7. Apprenticeship : Subject to t
he provision of the Labor Code as amended, disabled persons shall be eligible as
apprentices or learners; Provided, That their handicap is not much as to effectively
impede the performance of job operations in the particular occupation for which
they are hired; Provided, further, That after the lapse of the period of apprenticeship
if found satisfactory in the job performance, they shall be eligible for employment.
CASE: Maritess Bernardo vs. NLRC & FEBTC, 310 SCRA 186 (99)
Discrimination in Employment - Secs. 34, 35
SECTION 34. Public Transportation : It shall be considered discrimination for the
franchises or operators and personnel of sea, land, and air transportation facilities to
charge higher fare or to refuse to convey a passenger, his orthopedic devices, personal
effects, and merchandise by reason of his disability.
CHAPTER 3 Discrimination on the Use of Public Accommodations and Services
SECTION 35. Public Accommodations and Services : For purposes of this Chapter,
public accommodations and services shall include the following:
(a). an inn, hotel, motel, or other place of lodging, except for an establishment located
within a building that contains not more than five (5) rooms for rent or hire and that is
actually occupied by the proprietor of such establishment as the residence of such
proprietor;
(b). a restaurant, bar or other establishment serving food or drink;
(c). a motion picture, theater, concert hall, stadium, or other place of exhibition or
entertainment;
(d). an auditorium, convention center, lecture hall, or other place of public gathering;
(e). a bakery, grocery store, hardware store, shopping center, or other sales or rental
establishment;
(f). a bank, barber-shop, beauty-shop, travel service, funeral parlor, gas station, office of
a lawyer, pharmacy, insurance office, professional office of a health care provider,
hospital or other service establishment;
(g). a terminal, depot, or other station used for specified public transportation;
(h). a museum, gallery, library or other place of public display or collection;
(i). a park, zoo, amusement park, or other place of recreation;
(j). a nursery, elementary, secondary, undergraduate, or post-graduate private school,
or other place of education;
(k). a gymnasium, health spa, bowling alley, golf course; or
(l). other place of exercise or recreation.
* Enforcement - Secs. 44-46
SECTION 44. Enforcement by the Secretary of Justice
(a). Denial of Right
1). Duty to Investigate : The Secretary of Justice shall investigate alleged violations of
this Act, and shall undertake periodic reviews of compliance of covered entities under
this Act.
(b). Potential Violations : If the Secretary of Justice has reasonable cause to believe that
1). any person or group of persons is engaged in a pattern of practice of discrimination
under this Act; or
2). any person or group of persons has been discriminated against under this Act and
such discrimination raises and issue of general public importance, the Secretary of
Justice may commence a legal action in any appropriate court.
SECTION 45. Authority of Court : The court may grant any equitable relief that such court
considers to be appropriate, including, to the extent required by this Act:
(a). granting temporary, preliminary or permanent relief;
(b). providing an auxiliary aid or service, modification of policy, practice or procedure, or
alternative method; and
(c). making facilities readily accessible to and usable by individuals with disabilities.
SECTION 46. Penal Clause :
(a) Any person who violates any provision of this Act shall suffer the following penalties:
1). for the first violation, a fine of not less than Fifty thousand pesos (P 50,000.00) but
not exceeding One hundred thousand pesos(P 100,000.00) or imprisonment of not less
than six (6) months but not more than two (2) years, or both at the discretion of the
court; and
2). for any subsequent violation, a fine of not less than One hundred thousand pesos (P
100,000.00) but not exceeding Two hundred thousand pesos (P 200,000.00) or
imprisonment for less than two (2) years but not more than six (6) years, or both at the
discretion of the court.
(b). Any person who abuses the privileges granted herein shall be punished with
imprisonment of not less than six (6) months or a fine of not less than Five thousand
pesos (P 5,000.00) but not more than Fifty thousand pesos (P 50,000.00), or both, at the
discretion of the court.
(c). If the violator is a corporation, organization or any similar entity, the officials thereof
directly involved shall be liable therefor.
(d). If the violator is an alien or a foreigner, he shall be deported immediately after
service of sentence without further deportation proceedings.
RA 9442 – An Act Amending Republic
Act No. 7277, Ot
SEC. 46. Penal Clause. – (a) Any person who violates any provision of this Act shall
suffer the following penalties:
(1) For the first violation, a fine of not less than Fifty Thousand pesos (P50,000.00) but
not exceeding One hundred thousand pesos (P100,000.00) or imprisonment of not less
than six months but not more than two years, or both at the discretion of the court; and
(2) For any subsequent violation, a fine of not less than One hundred thousand pesos
(P100,000.00) but not exceeding Two hundred thousand pesos (P200,000.00) or
imprisonment for not less than two years but not more than six years, or both at the
discretion of the court.
(b) Any person who abuses the privileges granted herein shall be punished with
imprisonment of not less than six months or a fine of not less than Five thousand pesos
(P5,000.00), but not more than Fifty thousand pesos (P50,000.00), or both, at the
discretion of the court.
(c) If the violator is a corporation, organization or any similar entity, the officials thereof
directly involved shall be liable therefore.
(d) If the violator is an alien or a foreigner, he shall be deported immediately after
service of sentence without further deportation proceedings.
Upon filing of an appropriate complaint, and after due notice and hearing, the proper
authorities may also cause the cancellation or revocation of the business permit, permit
to operate, franchise and other similar privileges granted to any business entity that fails
to abide by the provisions of this Act.”
2(b). In particular, are there legal remedies available for persons with disabilities
seeking compensation and reparation? Are there legal provisions to sanction
perpetrators, including through criminal law? Please provide information on their
application in practice (e.g. cases of persons condemned for hate crimes against
persons with disabilities).
1. A complainant may seek redress by filing a complaint in the appropriate court invoking
the Magna Carta for Persons with Disabilities as mentioned in the previous paragraphs. A
complaint may also be filed before the Commission on Human Rights in accordance with
its mandate. Once a complaint is filed, the Commission will proceed with its independent
investigation to determine whether there is indeed a violation. Upon a positive finding,
the Commission shall immediately endorse the case to the competent agencies or bodies
for appropriate administrative or criminal investigation against the respondents1.
1
Commission on Human Rights, Guidelines and Procedures in the Investigation and Monitoring of Human Rights
Violations and Abuses, and the Provision of CHR Assistance (2012), § 21, available at
https://pinoyfilecabinet.files.wordpress.com/2014/07/chr-procedures-final_approved_8-31-2012.pdf (last
accessed 17 July 2019).
