CA Rules NCDA Guidelines on PWD ID card is enforceable

December 22, 2010

After a long legal battle of the National Council on Disability Affairs (NCDA) to establish the validity and legality of Administrative Order No. 1 it issued on April 23, 2008 as required under Republic Act 9442 providing the Guidelines on the Issuance of Identification Card Relative to Republic Act 9442, the Court of Appeals (CA) issued a Resolution which it promulgated on November 19, 2010, lifting the suspension of its implementation brought about by a petition for Prohibition with application for a Temporary Restraining Order and/or a writ of Preliminary Injunction filed by the Drugstores Association of the Philippines, Inc. (DSAPI). The Resolution dismissed the petitioners’ motion for reconsideration and it Affirmed with Modification our pronouncement that NCDA Administrative Order No. 1 is now effective and enforceable nationwide.

DSAPI and its members Save More Drug, Inc., Manson Drug Corporation, South Star Drug, Inc. and Northern Luzon Drug, Inc. filed earlier the petition seeking to annul and enjoin the implementation of the following laws, namely; (1) Section 32 of RA 7277 as amended by RA 9442; (2) Section 6, Rule IV of the Implementing Rules and Regulations of RA No. 9442; (3) National Council on Disability Affairs (NCDA) Administrative Order No. 1, Series of 2008; (4) Department of Health (DOH) Administrative Order 2009-11; and (5) Department of Finance Revenue Regulation 001-09.

Earlier, the CA promulgated a Decision on July 26, 2010 finding that the subject NCDA Administrative Order No. 1, Series of 2008, has not yet been registered with the Office of the National Administrative Register (ONAR), and thereby suspending the implementation of the law. It thus decided that the petition is PARTLY GRANTED. The non-registration of said NCDA Administrative Order No. 1 was thus suspended pending Respondents compliance with the proof of its filing with ONAR and its publication in a newspaper of general circulation.

Administrative Order No. 1, Series of 2008 issued by NCDA, provides guidelines for the issuance of identification cards to persons with disabilities which shall be presented when availing of the 20% discount in the purchase of medicines; fares for domestic air, sea and land travels including public railways and skyways; recreation and amusement centers including theatres, food chains and restaurants; and other incentives and benefits provided for under Republic Act No. 9442.

4 Responses to “CA Rules NCDA Guidelines on PWD ID card is enforceable”

  1. Geeorge M. Florendo on January 13th, 2011 10:42 am

    The drugstores in Baguio City refuse to implement R.A. 9224.With whom shall I file my administrative complaint for revocation of license. Will you support me in case I will file.
    I am ready with my affidavit complaint

    Thank you.

    [Reply to this comment]

  2. Arnold Galileo on June 24th, 2012 8:00 am

    Apartment 1B, Rockwell refused to recognize the discount granted to persons with Person With Disability (PWD) Card. According to the restaurant supervisor, the owner, who happens to be lawyer, “has not heard of such discount.” Also, they stressed that they have not received a copy of any memorandum circular. Hence they are not bound to grant any discount with persons with disability. I suggest the LAWYER OWNER should do some research. Also, just because you haven’t received a copy of a memorandum circular, doesn’t mean the law does not apply to you. Smaller restaurants and even fast food chains recognize the PWD Card. Why should Apartment 1B be exempt.

    [Reply to this comment]

  3. on December 9th, 2013 10:31 am

    sign language group help good must responsible sure

    [Reply to this comment] Reply:, for want PWD must respect you good know responsibles sure yes

    [Reply to this comment]

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