AMENDMENTS TO JOINT DTI-DA ADMINISTRATIVE ORDER (JAO) NO. 02, SERIES OF 2008 entitled “Granting of Discounts to Persons with Disability on the Purchase of Basic Necessities and Prime Commodities Pursuant to R.A No. 9442, otherwise known as the Magna Carta for Disabled Persons”

April 20, 2017

JOINT DTI-DA-DOE ADMINISTRATIVE ORDER NO. 17-01
Series of 2017

SUBJECT: AMENDMENTS TO JOIN DTI-DA ADMINISTRATIVE ORDER (JAO) NO. 02, SERIES OF 2008 entitled “Granting of Discounts to Persons with Disability on the Purchase of Basic Necessities and Prime Commodities Pursuant to R.A No. 9442, otherwise known as the Magna Carta for Disabled Persons”

WHEREAS, pursuant to Republic Act No. 9442 and its Implementing Rules and Regulations (IRR), to the extent possible, the government may grant special discounts in special programs for persons with disability on purchase of basic
necessities and prime commodities;

WHEREAS, Republic Act No. 10623 amended certain provisions of Republic Act No. 7581, otherwise known as the Price Act, by, among others, expanding the definition of the terms basic necessities and prime commodities;

WHEREAS, Republic Act No. 10623 reclassified fresh fruits as basic necessity while swine and cattle feeds had been deleted in the list of prime commodities;

WHEREAS, Republic Act No. 10623 included potable water in bottles and containers, locally manufactured instant noodles, household liquefied petroleum gas and kerosene in the list of basic necessities;

WHEREAS, under Republic Act No. 10623 vinegar, patis, and soy sauce and toilet/bath soap, livestock feeds and fishery feeds and veterinary products are included in the definition of prime commodities;

WHEREAS, the 5% discount granted to PWDs for the purchase of basic necessities and prime commodities listed herein is separate and distinct from the 20% discount provided under R.A. 10754 entitled “An Act Expanding the Benefits and Privileges of Persons with Disability (PWD)” and its IRR;

WHEREAS, under Republic Act No. 10754, the government may grant, to the extent possible, special discounts in special programs for PWD on purchase of basic commodities, subject to the guidelines to be issued for the purpose by the Department of Trade and Industry (DTI) and the Department of Agriculture (DA);

WHEREAS, Section 11 of the Implementing Rules and Regulations of Republic act No. 10754 enumerates the proof of entitlement to the grant of special discounts;

NOW, THEREFORE, pursuant to Republic Act No. 10754 in relation to R.A. No. 10632, the following Order in hereby prescribed for the information, guidance and compliance of all concerned:

Section 1. For purposes of this Joint Administrative Order, the terms “basic necessities” and “prime commodities”, as defined under Section (2) of JAO No. 02, Series of 2008, are redefined and expanded as follows:

(a) “Basic Necessities” – are goods vital to the needs of consumers for their sustenance and existence. For purposes of this Order necessities shall include:

  1. All kinds and variants of rice
  2. Corn
  3. All kinds of bread (Pastries and cakes not included)
  4. Fresh, dried and canned fish and other marine products (including frozen and in various modes of packaging)
  5. Fresh pork, beef and poultry meat
  6. All kinds of fresh eggs (excluding quail eggs)
  7. Potable water in bottles and containers
  8. Fresh and processed milk (excluding milk labelled as foods supplement)
  9. Fresh vegetables including root crops
  10. Fresh fruits
  11. Locally manufactured instant noodles
  12. Coffee and coffee creamer
  13. All kinds of sugar (excluding sweetener)
  14. All kinds of cooking oil
  15. Salt
  16. Powdered, liquid, bar laundry and detergent soap
  17. Firewood
  18. Charcoal
  19. All kinds of candles
  20. Household liquefied petroleum gas, not more than 11kgs. LPG content once every five (5) months) bought from LPG dealers
  21. Kerosene, not more than 2 liters per month.

(b) “Prime Commodities” – are goods not considered as basic Necessities but are essential to consumers. For purposes of this Order commodities shall include:

  1. Flour
  2. Dried, processed and canned pork, beef and poultry meat
  3. Dairy products not falling under Section 1(a) of this Order
  4. Onions and Garlic
  5. Vinegar, patis and soy sauce
  6. Toilet/Bath soap
  7. Fertilizer
  8. Pesticides
  9. Herbicides
  10. Poultry feeds, livestock feeds and fishery feeds
  11. Veterinary products
  12. Paper, school supplies
  13. Nipa shingle
  14. Sawali
  15. Cement, clinker, GI sheets
  16. Hollow blocks
  17. Plywood
  18. Ply Board
  19. Construction nails
  20. Batteries (excluding cellphone and automotive batteries)
  21. Electrical supplies and light bulbs
  22. Steel wires

In order to avail of the 5% special discount, the person with disability shall purchase the above mentioned commodities from a retailer who may be a natural or juridical person engaged in the business of selling consumer products directly to consumers, which shall include, among others, supermarkets, grocery stores, convenience and mini-convenience stores and shops but excluding stall in food courts, food carts, food vendors and sari-sari stores with a capitalization of less than
One Hundred Thousand Pesos (PhP100, 000.00), public and private wet markets, “talipapa” and cooperative stores;

For purposes of this Order, the following terms are hereby defined:

1. “LPG dealers” – shall refer to any person engaged in the business of selling or trading of LPG in cylinders to consumers or retail outlets, under contract with an oil company or marketer who owns a brand, and with qualified service men in its employ.

2. “Electrical supply” – the following definition provided by the International Electrotechnical Commission (IEC) is hereby adopted:

Electric Supply System for Safety Services as supply system intended to maintain the operation of essential electrical installation and equipment: – for the health and safety of persons and livestock, and/or – if required by national regulations, to avoid damage to the environment and to other equipment

(Note – the supply system includes the source and the electric circuits up to the terminals of electric equipment. In certain cases it may also include the equipment).

3. “Steel Wire” – ordinary low carbon steel wire is defined as a steel wire of circular cross-section, produced from wire rod conforming to PNS 77/Adm. 01 that has been drawn and thus cold worked. As per PNS 77/Amd. 01 Amd. 01, low carbon steel wire rods are carbon steel wire rods of grades 1005 to 1023.It can be classified into three type as follows:

  • Plain low carbon steel wire – an ordinary low carbon steel wire of circular cross-section with smooth surface
  • Annealed low carbon steel wire – an ordinary low carbon steel wire that has been annealed after cold working
  • Zinc-coated low carbon steel wire – an ordinary low carbon steel wire annealed and coated with zinc either by hot-dipped or
  • electrolytic galvanizing

Section 2. Discount – Every person with disability shall enjoy a special discount five percent (5%) of the regular retail price, without exemption from the value-added tax (VAT), of basic necessities and prime commodities listed under Section 2.1 and 2.2 of this Order. The total amount of said purchase shall not exceed the amount of One Thousand Three Hundred Pesos (PhP1,300.00) per calendar week without carry over of the unused amount. Provided, that said amount shall be spent on items listed under Sections 1(a) and 1(b) of this Order commensurate to his/her personal and exclusive consumption and/or enjoyment within the calendar week. Provided, further that said amount shall be spent on at least four (4) kinds of items listed under Section 1(a) and (b) of this Order.

The privilege herein granted shall not be claimed if the person with disability claims a higher discount as may be granted by the retail establishment.

In cases where the person with disability is also a senior citizen (SC) entitled to a 5% discount under his/her valid senior citizen identification card (ID), the PWD shall use either his/her PWD ID card or OSCA-issued ID card to avail oneself of the 5% discount upon presentation of both booklets by the concerned agencies.

Section 3. Section 4 of JAO No. 02, series of 2008 is hereby modified to read as follows:

“Section 4. Valid Identification Documents – To avail of the discount benefits and other privileges under R.A No. 9442, the PWD, or his/her duly authorized representative, may present as proof of eligibility any of the following:

Section 4.1 Identification card issued by the Persons with Disability Affairs Office (PDAO) or the City/Municipal Social Welfare and Development Office (C/MSWDO) of the place where the person with disability resides;
Section 4.2 The passport of the person with apparent disability concerned;
Section 4.3 An identification card issued by the National Council on Disability Affairs (since issuance of IDs are localized). This is on a case-to-case basis for emergency purpose only, provided that the PWD ID number coding shall be retained in accordance with the official residence of the person with disability, as decided on the issue regarding dual citizenship.
The same benefits and privileges shall be made available to Filipinos who hold foreign passports but are registered as dual citizen and Filipino who have reacquired their Filipino citizenship thru Republic Act No. 9225 or the Citizenship Retention and Re-acquisition Act of 2003.”

Section 4. Complaints Handling. All complaints pertaining to violation of this Order shall be directed either to the National Council on Disability Affairs Office (NCDA), or to the Persons with Disability Affairs Office (PDAO) or the City/Municipal Social Welfare and Development Office (C/MSWDO). Any complaint received by the DTI pertaining to this Order shall be endorsed to the appropriate NCDA or PDAO.

Section 5. Separability Clause. In the event that certain provisions of this Order is declared unconstitutional, the validity of the other provisions shall not be affected by such declaration.

Section 6. Repealing Clause. The provisions of the Department Orders, Rules and Regulations and other issuances of each implementing agency which are inconsistent with this Order are hereby repealed or modified accordingly.

Section 7. Publication and Effectivity. This Orders shall take effect fifteen (15) days upon its publication in a newspaper of general circulation. Three (3) copies of this Order shall be sent to the National Administrative Register at the University of the Philippines Law Center and the Official Gazette.

Issued this 17th day of February 2017 in Makati City, Philippines.

APPROVED BY:

IMPLEMENTING AGENCIES

(SIGNED)
ALFONSO G. CUSI
Secretary of Energy

(SIGNED)
EMMANUEL F. PIÑOL
Secretary of Agriculture

(SIGNED)
RAMON M. LOPEZ
Secretary of Trade and Industry

RECOMMENDED BY:

(SIGNED)
DONATO D. MARCOS
Undersecretary
Department of Energy

(SIGNED)
Atty. RANIBAI D. DILANGALEN
Undersecretary
Office of Special Concerns
Department of Agriculture

(SIGNED)
Atty. TEODORO C. PASCUA
Undersecretary
Consumer Protection Group
Department of Trade and Industry

(SIGNED)
MA. CARLA YVETTE L. ILARDE
Head, Records Section
Department of Trade & Industry

RA 9442 – An Act Amending Republic Act No. 7277, Otherwise Known As The “Magna Carta For Disabled Persons, And For Other Purposes”

July 14, 2009

Republic of the Philippines
Congress of the Philippines
Metro Manila
Thirteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand and six.

AN ACT AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE “MAGNA CARTA FOR DISABLED PERSONS, AND FOR OTHER PURPOSES”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. a new chapter, to be denominated as “Chapter 8. Other privileges and Incentives” is hereby added to Title Two of Republic Act No. 7277, otherwise known as the “Magna Carta for Disabled Persons”, with new Sections 32 and 33, to read as follows:

“CHAPTER 8. Other Privileges and Incentives

“SEC. 32. Persons with disability shall be entitled to the following:

(a) At least twenty percent (20%) discount from all establishments relative to the utilization of all services in hotels and similar lodging establishments; restaurants and recreation centers for the exclusive use or enjoyment of persons with disability;

(b) A minimum of twenty percent (20%) discount on admission fees charged by theaters, cinema houses, concert halls, circuses, carnivals and other similar places of culture, leisure and amusement for the exclusive use of enjoyment of persons with disability;

(c) At least twenty percent (20%) discount for the purchase of medicines in all drugstores for the exclusive use or enjoyment of persons with disability;

(d) At least twenty percent (20%) discount on medical and dental services including diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and blood tests, in all government facilities, subject to guidelines to be issued by the Department of Health (DOH), in coordination with the Philippine Health Insurance Corporation (PHILHEALTH);

(e) At least twenty percent (20%) discount on medical and dental services including diagnostic and laboratory fees, and professional fees of attending doctors in all private hospitals and medical facilities, in accordance with the rules and regulations to be issued by the DOH, in coordination with the PHILHEALTH;

(f) At least twenty percent (20%) discount on fare for domestic air and sea travel for the exclusive use or enjoyment of persons with disability;

(g) At least twenty percent (20%) discount in public railways, skyways and bus fare for the exclusive use and enjoyment of person with disability;

(h) Educational assistance to persons with disability, for them to pursue primary, secondary, tertiary, post tertiary, as well as vocational or technical education, in both public and private schools, through the provision of scholarships, grants, financial aids, subsidies and other incentives to qualified persons with disability, including support for books, learning material, and uniform allowance to the extent feasible: Provided, That persons with disability shall meet minimum admission requirements;

(i) To the extent practicable and feasible, the continuance of the same benefits and privileges given by the Government Service Insurance System (GSIS), Social Security System (SSS), and PAG-IBIG, as the case may be, as are enjoyed by those in actual service;

(j) To the extent possible, the government may grant special discounts in special programs for persons with disability on purchase of basic commodities, subject to guidelines to be issued for the purpose by the Department of Trade and Industry (DTI) and the Department of Agricultural (DA); and

(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.

The abovementioned privileges are available only to persons with disability who are Filipino citizens upon submission of any of the following as proof of his/her entitlement thereto:

(I) An identification card issued by the city or municipal mayor or the barangay captain of the place where the persons with disability resides;

(II) The passport of the persons with disability concerned; or

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

The privileges may not be claimed if the persons with disability claims a higher discount sa may be granted by the commercial establishment and/or under other existing laws or in combination with other discount programs/s.

The establishments may claim the discounts granted in sub-sections (a), (b), (c), (f) and (g) as tax deductions based on the net cost of the goods sold or services rendered: Provided, further, That the total amount of the claimed tax deduction net of value-added tax if applicable, shall be included in their gross sales receipts for tax purposes and shall be subject to proper documentation and to the provisions of the National Internal Revenue Code (NIRC), as amended.”

SEC. 33. Incentives. – Those caring for and living with a person with disability shall be granted the following incentives:

(a) Persons with disability shall be treated as dependents under the Section 35 (A) of the National Internal Revenue Code, as amended and as such, individual taxpayers caring for them shall be accorded the privileges granted by the code insofar as having dependents under the same section are concerned; and

(b) Individuals or nongovernmental institutions establishing homes, residential communities or retirement villages solely to suit the needs and requirements of persons with disability shall be accorded the following:

(i) Realty tax holiday for the first five years of operation; and

(ii) Priority in the building and/or maintenance of provincial or municipal roads leading to the aforesaid home, residential community or retirement village.”

SEC. 2. Republic Act No. 7277 is hereby amended inserting a new title, chapter and section after Section 38 be denominated as title 4, chapters 1 and 2 and Sections 40, 41 and 42 to read as follows:

“Title Four
Prohibitions on Verbal, Non-verbal Ridicule and Vilification Against Persons with Disability

“CHAPTER 1. Deliverance from Public Ridicule

SEC. 39. Public Ridicule. – For purposes of this chapter, public ridicule shall be defined as an act of making fun or contemptuous imitating or making mockery of persons with disability whether in writing, or in words, or in action due to their impairment/s.

SEC. 40. No individual, group or community shall execute any of these acts of ridicule against persons with disability in any time and place which could intimidate or result in loss of self-esteem of the latter.

CHAPTER 2. Deliverance from Vilification

SEC 41. Vilification. – For purposes of this Chapter, vilification shall be defined as:

(a) The utterance of slanderous and abusive statements against a person with disability; and/or
(b) An activity in public which incites hatred towards, serious contempt for, or severe ridicule of persons with disability.”

SEC. 42. Any individual, group or community is hereby prohibited from vilifying any person with disability which could result into loss of self-esteem of the latter.”

SEC. 3. Section 46 of Republic Act No. 7277 is hereby amended to read as follows:

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.”

SEC. 4. The title of Republic Act No. 7277 is hereby amended to read as the “Magna Carta for Persons with Disability”, and all references on the said law to “Disabled persons” shall likewise be amended to read as “persons with disability”.

SEC. 5. The Department of Social Welfare and Development, the National Council for the Welfare of Disabled Persons, and the Bureau of Internal Revenue, in consultation with the concerned Senate and House committees and other agencies, organizations, establishments shall formulate implementing rules and regulations pertinent to the provision of this Act within six months after the effectivity of this Act.

SEC. 6. This Act shall take effect fifteen (15) days after its publication in any two newspapers of general circulation.

Approved,

(Sgd.) JOSE DE VENECIA JR.
(Sgd.) MANNY VILLAR

Speaker of the House of Representatives
President of the Senate

This Act which is a consolidation of Senate Bill No. 2580 and House Bill No. 1214 was finally passed by the Senate and the House of Representatives on February 8, 2007 and February 7, 2008 respectively.

(Sgd.) ROBERTO P. NAZARENO
(Sgd.) OSCAR G. YABES

Secretary General House of Representatives
Secretary of the Senate

Approved: 30 APRIL 2007

(Sgd.) GLORIA MACAPAGAL ARROYO
President of the Philippines

NCDA Administrative Order No. 001 series of 2021, ADMINISTRATIVE ORDER ON THE ISSUANCE OF PERSONS WITH DISABILITIES IDENTIFICATION CARD RELATIVE TO REPUBLIC ACTS 9442, 10754, 11215, 10747

June 9, 2022

NCDA Administrative Order No. 001 Series of 2021

ADMINISTRATIVE ORDER ON THE ISSUANCE OF PERSONS WITH DISABILITIES IDENTIFICATION CARD RELATIVE TO REPUBLIC ACTS 9442, 10754, 11215, 10747

I. RATIONALE

  1. Pursuant to Republic Act No. 9442 as amendment to Republic Act 7277, otherwise known as the Magna    Carta for Disabled Persons and For Other Purposes, these foregoing guidelines shall serve as a mechanism for the issuance of a Person With Disability Identification Card.
  1. These guidelines have been formulated by the National Council on Disability Affairs in coordination with the Department of Health, Department of Social Welfare and Development, and Department of Interior and Local Government as provided for in Rule IV, Section 6.11 of the IRR.
  1. Persons with Disabilities Identification Cards shall be issued to any bonafide Filipino with permanent disabilities due to any one or more of the following types of disabilities: deaf/hard of hearing, Intellectual, learning, mental, orthopedic, physical, psychosocial, speech and language impairment, visual, people with cancer, and people with rare disease.
  1. The Identification Card shall be the basis for the provision of certain special privileges and discounts to bonafide PWDs in the Philippines in accordance with RA 9442, RA10754, RA 11215 and RA 10747.
  1. PWD-IDCs shall serve as proof of disability to fully enjoy the benefits and privileges as provided for in RA 9442, RA10754, RA 11215 and RA 10747.

II. ACRONYMS

    A/G/R – Applicant/Guardian/Authorized Representative

    COD – Certificate of Disability

    DILG – Department of the Interior and Local Government

    DOH – Department of Health

    DSWD – Department of Social Welfare Development

    LGU – Local Government Unit

    MC – Medical Certificate

    NCDA – National Council on Disability Affairs

    PDAO – Persons with Disabilities Affairs Office

    PRPWD – Philippine Registry for Persons with Disabilities

    PWD-IDC – Person with Disability Identification Card

    PWDID-AF – PWD ID Application Form

    PWD –Persons with Disabilities

    SWDO – Social Welfare and Development Office

III. OBJECTIVES

    This order on the issuance of PWD-IDC aim to:

  1. Provide guidance to all local government officials, licensed physicians, local health officers, PDAO HEADS    AND FOCAL PERSONS ON DISABILITY and government agencies in the issuance of PWD-IDC for the privileges and incentives provided for by R.A. 9442, RA10754, RA 11215 and RA 10747 to PWDs.
  1. Facilitate monitoring by appropriate government agencies on the use of the PWD-IDC.
  1. Protect the establishments from illegitimate claims or fraudulent practices on the use of the PWD-IDC.
  1. Establish mechanisms to protect personal data of the beneficiaries in accordance with Republic Act 10173 or Data Privacy Act of 2012.

IV. INSTITUTIONAL ARRANGEMENTS

  1. The Local Government Unit through the City or Municipal Office or PDAO shall implement these       guidelines in the issuance of the PWD-IDC.
  1. The City or Municipal Social Welfare and Development Office or PDAO shall:
  1. Reproduce/Print the PWDID-AFs to be filled out by the PWDs in accordance with the DOH Philippine Registry Form for Persons with Disability.
  • Reproduce/Print the PWD-IDCs.
  • Enter or encode the data from the approved PWDID-AF to the PRPWD system.
  • Ensure safety and security of data in accordance with Republic Act 10173 or the Data Privacy Act.
  1. PWDID-AFs or application forms can be obtained from any of the following or means:
  1. Municipal and City Social Welfare Offices / Persons with Disability Affairs Offices
  2. Department of Health
  3. National Council on Disability Affairs
  1. Submission of appropriate documents to confirm the eligibility of the new applicant is as follows:
  1. Apparent Disability

Applicants with apparent disability, that is, manifested by presence of physical Impairment and impaired mobility or function such as totally blind, missing limbs, limping and the likes will not be required to submit a Certificate of Disability from a physician or doctor to confirm the disability. Instead, the issuing officer may assess the applicant to determine the cause of disability and issue a Certificate of Disability however, in case of doubt the issuing officer may refer to the city and municipal health office for the final confirmation.

  • Certificate of Disability issued by city/municipality health office
    • Certificate of Disability from Issuing Office of PWD-IDC who assessed the applicant
  •  Non apparent Disability

Applicant with non-apparent disability, that is disability not manifested physically is required to submit a certificate of disability issued by SPECIALISTS or by appropriate physicians from the City, Municipal/Regional Health Offices or any recognized private medical institutions who has competencies to assess for the following non-apparent type of disabilities:

  • Deaf/Hard of Hearing Disability
  • Intellectual Disability
  • Learning Disability
  • Mental Disability
  • Psychosocial Disability
  • Non-apparent Visual Disability
  • Non-apparent Speech and Language Impairment
  • Non-apparent cancer
  • Non-apparent rare disease

Note:

For cancer and rare diseases applicants, a Medical Certificate/Certificate of Disability issued by an Oncologist, Surgeon or appropriate Physician that has the expertise to determine the ailment or disease is required.

  • Submission of the appropriate document to confirm the identity of the new applicant is as follows:
  1. Two “1×1” recent ID pictures with the names, and signatures or thumb marks at the back of the picture.
  2. One valid government ID
  3. For children, school ID will be accepted, in the absence of school ID, a photocopy of the Birth Certificate will be required.
  4. For applicant of legal age, one valid government ID is required.  In the absence of a valid ID, a Barangay Certificate will be required.  This may also be used as his proof of residence if the ID has no address indicated or if the ID indicates a different or old address.
  5. For guardian/representative:

    a. Guardian, proof of guardianship

    b. Authorized Representative, notarized authorization letter

  • Proof of residence
  • Voters ID or
  • Barangay certificate or
  • Utility bills with exact name and address
  • For renewal or revalidation transactions, submission of documents below are required:
  1. Accomplished PWDID-AF (Renewal box checked)
  2. Expired PWD-IDC
  3. Affidavit of Loss if PWD-IDC is declared lost.
  4. In the absence of expired PWD-IDC, two “1×1” recent ID pictures with the names, and signatures or thumb marks at the back of the picture are required.
  • The issuing offices, the PDAO or the City or Municipal Social Welfare and Development Offices as the case maybe shall:
  1. Use the NSCB Philippine Standard Geographic Code and sequential numbering system in the

       issuance of the PWD ID Number. Format is <RR-PPMM-BBB-NNNNNNN> where:

                RR = 2-digits Region Code

                PP = 2-digits Province Code

                MM = 2-digits Municipality Code

                BBB = 3-digits Barangay Code (the default # is 000 unless specific barangays are issuing  

                          PWD ID)

                NNNNNNN = 7-digits Sequential No.

                                Examples:

                Issuing Facility NSCB Philippine Standard Geographic Code PWD ID No.

                City of San Fernando, Pampanga 13-5416-000; 13-5416-000-0000001

                Municipality of Apalit, Pampanga 03-5402-000; 03-5402-000-0000001

                Sucad Barangay, Apalit, Pampanga 03-5402-013; 03-5402-013-0000001

  • Ensure that the PWD ID No. is sequentially assigned with no missed numbers to ensure database integrity.
  • Keep a record of all PWDs with ID Numbers issued and with the following data sets:
  • ID Number
  • Name of the PWD (Last Name, First Name, Middle Name)
  • Complete Address
  • Date of Birth
  1. PWD Application Forms and ID Cards shall be issued and signed by the City or Municipal Mayor.
  2. The DOH shall maintain the system and database of the DOH-PPWDRS in coordination with

                   the NCDA, DSWD, DILG and LGUs. The official website is www.pwd.doh.gov.ph.

  • The NCDA shall maintain a mirror of the database to ensure the reliability, availability and integrity of the database.  This shall form part of the Executive Information System of Persons with Disabilities sector.
  • NCDA shall likewise promote the proper migration of the LGU disability data to the PRPWD system and the provision of a reliable and secure back-up database.

V. IMPLEMENTING GUIDELINES AND PROCEDURES

    Any bonafide person with permanent disability can apply for the issuance of the PWD-IDC.

    His/her caregiver can assist in the application process. Procedures for the issuance of the ID

    Cards are as follows:

  1. Applicant/Guardian/Authorized Representative.
  1. Secure and accomplish all the necessary required details in the application form (See Section IV, C).
  2. Attached the requirements to PWDID-AF (See Section IV, D and E).
  3. Submit the complete documents/requirements to City or Municipality Mayor or PDAO.
  4. Receive the PWD-IDC.
  • Document Evaluator/Processor.
  • Receive the PWD ID application form (PWDID-AF) with attached requirements from applicant/guardian/representative.
  • Assess new applicant with apparent disability and prepare Certificate of Disability.  In case the person with disability submits a medical certificate, it may be accepted accordingly.
  • Evaluate the documents submitted by the applicant/guardian/representative, advise them to correct discrepancy if there is or complete the requirements if incomplete (See Section IV, D, E , F and G for documentary requirements)
  • For renewal transaction, Expired PWD-IDC and accomplished PWDID-AF (See Section IV, G requirements for renewal) are the only documentary requirements provided that the applicant is already registered in the PRPWD otherwise the transaction will be treated as NEW APPLICANT (See Section IV, D, E and F for requirements)
  • Submit documents to approving officer for approval.
  • Approving officer.
  1. Approving officer will return the documents to Documents Evaluator/Processor if Discrepancy/issue is found.
  2. Approving officer forward the documents to Encoder if no discrepancy/issue.
  3. Maintain the veracity and authenticity of submitted documents
  • Encoder.
  1. Assign PWD-ID number for new applicant and affix it to the PWD-AF.
  2. Encode/upload or update/verify (RENEWAL) details in the PRPWD (See PRPWD User’s Manual:    https://pwd.doh.gov.ph/downloads/PRPWD_User_Manual.pdf).
  3. Print PWD-IDC
  4. Forward PWD-IDC to Releasing.
  • Releasing Officer.
  • Check for the accuracy of PWD IDC before releasing.
  • Release the PWD-IDC to the applicant/guardian/authorized representative.

Note:

Issuing facilities are reminded to ensure that employment status and PhilHealth membership are filled-up.  Certifying physicians should be accomplished accurately including the processing, encoder, approving and releasing officers for proper identification and accountability.

The provision of control number is dependent to the internal control mechanism of the issuing facility, it can also be used for ISO purposes.

VI. VALIDITY AND RENEWAL/REVALIDATION OF THE PWD-IDC

  1. The PWD-IDC issued to the PWD shall be valid for five (5) years.
  2. The initial PWD-IDC is free of charge.
  3. Loss or damage may be charged a minimal fee for the replacement of PWD-IDC.
  4. Renewal/revalidation may be processed a month prior to expiration or when the PWD-IDC is  already expired.

VII. USE OF THE PWD-IDC

        The PWD-IDC shall serve as the Standard National Identification Card for PWDs, and shall be               prescribed as proof of availment of the 20% discount and other benefits to persons with disabilities as provided in RA 9442, RA10754, RA 11215, RA 10747 and other laws that may be enacted by Congress. (See Annex 5 for the facsimile of the PWD-IDC).

VIII. REPEALING CLAUSE

NCDA Administrative Order 001 Series 2008 is hereby repealed by this order.  All other policies or issuances inconsistent or contrary to the provisions of this AO is hereby revised or modified accordingly.

IX. PENALTY CLAUSE

Abuse of any person, corporation, institution and/or entity on the use of PWD ID Card is punishable by law or can be penalized subject to the discretion of the ruling court.

X. ANNEX 1 – PROCESS FLOW

X. ANNEX 2 – PWD Application Form Version 4.0

XI. ANNEX 3 – Certificate of Apparent Disability Template

XII. ANNEX 4 – Certificate of Non-apparent Disability Template

XIII.ANNEX 5 – Template of PWD-IDC

Effectivity:

        This Order shall take effect immediately after its publication in two (2) newspaper of general circulation.

Approved by:

ROLANDO JOSELITO D. BAUTISTA

Secretary, Department of Social Welfare and Development

Chairperson, National Council on Disability Affairs

NCDA AO 001 s 2021 signed copy

DFA-Office of Consular Affairs implements RA. 9442 in all their offices.

May 28, 2011

In a response letter dated April 29, 2011, the DFA Office of Consular Affairs informed the National Council on Disability Affairs that their office has established a “Special Lane” for persons with disabilities, Senior Citizens and OFWs which will also be instituted in their Regional Consular Offices following the implementation of RA 9442“an Act Amending RA 7277, otherwise known as the “Magna Carta For Persons With Disabilities

Persons with disabilities, Senior citizens and OFWs will no longer be required to have a passport appointment and instead, be accommodated immediately upon their appearance at The DFA offices.  The DFA offices will also be providing appropriate signage to inform their visitors of the “Special Lanes”.

(See full text of letter)


IRR OF REPUBLIC ACT NO. 9442

July 14, 2009

IRR OF REPUBLIC ACT NO. 9442

An Act Amending Republic Act No. 7277, Otherwise known as the

Magna Carta for Persons with Disability as Amended, and For Other Purposes’

Granting Additional Privileges and Incentives and Prohibitions on Verbal,

Non-Verbal Ridicule and Vilification Against Persons with Disability

RULE I

TITLE, PURPOSE AND CONSTRUCTION

Section 1. Title    These Rules shall be known and cited as the Rules and Regulations Implementing Republic Act No. 9442, an Act Amending Republic Act No. 7277, Otherwise known as the   Magna Carta for Disabled Persons, and For Other Purposes’ Granting Additional Privileges and Incentives and Prohibitions on Verbal, Non-verbal Ridicule and Vilification Against Persons with Disability.

Section 2. Purpose    These Rules are promulgated to prescribe the procedures and guidelines for the implementation of Republic Act No. 9442 in order to facilitate compliance therewith and to achieve the objectives thereof.

Section 3. Construction    These Rules shall be construed and applied in accordance with and in furtherance of the policies and objectives of the law. In case of doubt, the same shall be construed liberally and in favor of persons with disability.

RULE II

POLICIES AND OBJECTIVES

Section 4. Policies and Objectives    It is the objective of Republic Act No. 9442 to provide persons with disability, the opportunity to participate fully into the mainstream of society by granting them at least twenty percent (20%) discount in all basic services. It is a declared policy of RA 7277 that persons with disability are part of Philippine society, and thus the State shall give full support to the improvement of their total well being and their integration into the mainstream of society. They 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. Rights of persons with disability must never be perceived as welfare services. Prohibitions on verbal, non-verbal ridicule and vilification against persons with disability shall always be observed at all times.

RULE III

DEFINITION OF TERMS

Section 5. Definition of Terms.    For purposes of these Rules and Regulations, these terms are defined as follows:

5.1. Persons with Disability    are those individuals defined under Section 4 of RA 7277   An Act Providing for the Rehabilitation, Self-Development and Self-Reliance of Persons with Disability as amended and their integration into the Mainstream of Society and for Other Purposes’. This is defined as a person suffering from restriction or different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in a manner or within the range considered normal for human being. 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.

5.2. Exclusive Use or Enjoyment of Persons with Disability    refers to the discount privilege that can be availed only by persons with disability.

5.3 Establishment    refers to business entities, private or public, duly authorized and recognized by law to operate.

5.3.1 Hotel    refers to the building, edifice or premises or a completely independent part thereof, which is used for the regular reception, accommodation or lodging of travelers and tourists and the provision of services incidental thereto for a fee.

5.4 Lodging Establishment    refers to those that charge daily, weekly, monthly rates or fees which include but not limited to the following:

5.4.1 Tourist Inn    refers to lodging establishment catering to transients, which does not meet the minimum requirement of an economy hotel.

5.4.2 Apartel    refers to building or edifice containing several independent and furnished or semi-furnished apartments, regularly leased to tourists and travelers for dwelling on a more or less long-term basis and offering basic services to its tenants, similar to hotels.

5.4.3 Motorist Hotel    refers to any structure with several separate units, primarily located along the highway, with individual or common parking space, at which motorists may obtain lodging and in some instances, meals.

5.4.4 Pension House    refers to a private, or family-operated tourist boarding house, tourist guest house or tourist lodging house, regularly catering to tourist, and/or traveler, containing several independent table rooms, providing common facilities such as toilets, bathrooms/showers, living and dining rooms and/or kitchen and where a combination of board and lodging may be provided.

The term lodging establishment shall include lodging houses, which shall mean such establishments are regularly engaged in the hotel business, but which, nevertheless, are not registered, classified and licensed as hotels by reason of inadequate essential facilities and services. It also includes resort, which shall refer to any place or places with pleasant environment and atmosphere conducive to comfort, healthful relaxation and rest, offering food, sleeping accommodation and recreational facilities to the public for a fee or remuneration.

5.4.5 Restaurant    refers to any establishment duly licensed by the government selling to the public, regular and special meals or menu. The discount shall be for the purchase of food drinks, beverages, dessert and other consumable items served by the establishments including value meals and other similar food counters, fast food, cooked food and short orders including take-outs.

5.5 Sports and Recreational Centers – refers to any establishment offering sports recreational and amusement services with facilities such as but not limited to swimming pools, bowling alleys, golf courses, gyms, club houses, skating rinks and all other sports facilities. Recreational facilities include but not limited to internet cafe, video games, and other similar amusement facilities.

5.6 Medicines    refer to both prescription and non-prescription medicines and articles approved by Bureau of Food and Drugs (BFAD), Department of Health (DOH), which are intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man.

5.7 Medical Services    refer to health services as defined by Section 20 of Republic Act 7277, Otherwise known as the Magna Carta for Persons with Disability as amended, and for Other Purposes, which includes but not limited to the following:

5.7.1 prevention of disability through immunization, nutrition, environmental protection and preservation, and genetic counseling, and early detection of disability and timely intervention to arrest disabling condition; and

5.7.2 medical treatment and rehabilitation to include mobility assistive devices.

5.8 Dental Services – refers to oral examination, cleaning, permanent and temporary filling, extractions and gum treatments, restoration, replacement or repositioning of teeth, or alteration of the alveolar or periodontium process of the maxilla and the mandible that are necessary for the diagnosis and/or treatment of a dental illness or injury.

5.9 Residential Care/Group Home    refers to a facility, which provides twenty-four (24) hour resident group care for the physical, mental, social and spiritual well-being of persons with disability in a home life atmosphere; which is accredited by the Department of Social Welfare and Development (DSWD) and licensed by the concerned local government unit where the said residential care/group home is located.

5.10 Residential Community or Retirement Village    refers to the type of housing facility which is generally horizontal in physical development and the unit covered by individual land title. The sub-types are the different options of house and lot packages which may include single detached, single attached, duplex or row house. The housing options are generally one up to three level structures and may be purely residential-farm estate or a residential component of a resort or leisure complex. The units may be for lease or for sale to retirees.

5.11 Basic Necessities    refers to rice, corn, bread, fresh, dried and canned fish and other marine products, fresh pork, beef and poultry meat, fresh eggs, fresh and processed milk, fresh vegetables, root crops, coffee, sugar, cooking oil, salt, laundry soap, detergents, firewood, charcoal, candles and other commodities as maybe classified by the Department of Trade and Industry (DTI) and the Department of Agriculture (DA).

5.12 Prime Commodities    refers to fresh fruits, flour, dried, processed and canned pork, beef and poultry, meat, dairy products not falling under basic necessities; noodles, onions, garlic, herbicides, poultry, swine and cattle feeds, veterinary products for poultry, swine and cattle feeds, veterinary products for poultry, swine and cattle, paper, school supplies, nipa shingle, plyboard, construction nails, batteries, electrical supplies, lightbulbs, steel wire and other commodities that may be classified by the Department of Trade and Industry (DT) and the Department of Agriculture (DA).

5.13 Benefactor    refers to any person whether related to the person with disability or not who takes care of him/her as a dependent.

5.14 Dependent    refers to a person with disability, minor or of legal age, who is a Filipino citizen and who may or may not be related to his benefactor and who is living with and dependent upon such benefactor for his/her chief support.

RULE IV

PRIVILEGES AND INCENTIVES FOR THE PERSONS WITH DISABILITY

Section 6. Other Privileges and Incentives

Persons with disability shall be entitled to the following:

6.1 Discounts from All Establishments    At least twenty percent (20%) discount from all establishments relative to the utilization of all services in hotels and similar lodging establishments, restaurants and recreation centers for the exclusive use or enjoyment of persons with disability.

6.1.a Hotels and Similar Lodging Establishments – The discount shall be for room accommodation and other amenities offered by the establishment such as but not limited to massage parlor, sauna bath, food, drinks and other services offered.

The discount will only apply to persons with disability. No discount will be given to companion without disability.

6.1.b Restaurant    The discount shall be for the purchase of food drinks, beverages, dessert and other consumable items served by the establishments including value meals and other similar food counters, fast food, cooked food and short orders including take-outs. To safeguard the establishments from abuse of this privilege, the orders should be limited only to persons with disability personal consumption.

For a group of people with a person with disability, only the proportionate share of person with disability will be given discount. In case of banquet and catering services especially in seminars and other similar activities the discount will apply only to customers with disability.

6.1.c Sports and Recreational Centers – The discount shall apply to all charges in the utilization of the services including rentals of all facilities and equipment and other accessories and gadgets relative to the enjoyment of the sports and recreational services. The discount shall also include rooms or halls for PWDs   seminars, art workshops and other persons with disability activities.

6.1.d Purchase of Medicine – at least twenty percent (20%) discount on the purchase of medicine for the exclusive use and enjoyment of persons with disability. All drug stores, hospital, pharmacies, clinics and other similar establishments selling medicines are required to provide at least twenty percent (20%) discount subject to the guidelines issued by DOH and PHILHEALTH.

6.2 Admission Fees Privilege. – A minimum of at least twenty percent (20%) discount on admission fees charged by theaters, cinema houses and concert halls, circuses, carnivals, and other similar places of culture, leisure and amusement such as but not limited to museum, exhibit halls, fairs, parks like theme parks and shall be granted for the exclusive use or enjoyment of persons with disability.

6.3 Medical and Dental Privileges in Government Facilities – The person with disability shall be provided at least twenty percent (20%) discounts on medical and dental services including diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and blood tests in all government facilities, subject to guidelines to be issued by DOH in coordination with the Philippine Health Insurance Corporation (PHILHEALTH).

6.4 Medical and Dental Privileges in Private Facilities    The person with disability shall be provided at least twenty percent (20%) discounts on medical and dental services including diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and blood tests including professional fees of attending doctors in all private hospitals and medical facilities subject to guidelines to be issued by DOH in coordination with the Philippine Health Insurance Corporation (PHILHEALTH).

6.5 Air and Sea Transportation Privileges – At least twenty percent (20%) discounts in fare for domestic air, and sea travel based on the actual fare except promotional fare. If the promotional fare discount is higher than the twenty percent (20%) discounts privilege, the persons with disability may choose the promotional fare and should no longer be entitled to the twenty percent (20%) discounts privilege.

6.5.1 The Maritime Industry Authority (MARINA) shall issue corresponding circulars or directives to the shipping industry for the implementation of these rules to ensure compliance herewith, as well as requirements to ship operators/owners to disseminate information on the benefits of the persons with disability by posters, handbills or pamphlets on board vessels.

6.5.2 The Civil Aeronautics Board (CAB) shall issue corresponding guidelines, circulars or directives related to air transport services and shall disseminate such information as mentioned above.

6.6 Land Transportation Privileges – At least twenty percent (20%) discounts in bus fares such as ordinary, aircon fares and on public railways such as LRT, MRT, PNR, and such other similar infrastructure that will be constructed, established and operated by public or private entity. Toll fees of skyways and expressways are likewise subject to at least twenty percent (20%) discounts, however, this privilege can be availed only by a person with disability owning the vehicle.

The Department of Transportation and Communications (DOTC), Light Rail Transit Authority (LRTA), Philippine National Railways (PNR), Toll Regulatory Board (TRB) and Land Transportation Franchising and Regulatory Board (LTFRB) shall issue corresponding circulars or directives to the public land transport sector for the implementation of these rules to ensure compliance herewith, as well as requirements to these operators to disseminate information on the benefits of the persons with disability by posters, handbills or pamphlets on board their vehicles.

6.7 Educational Privileges. – Educational assistance to persons with disability, for them to pursue primary, secondary, tertiary, post tertiary, as well as vocational or technical education in both public and private schools through the provision of scholarships, grants, financial aids, subsidies and other incentives to qualified persons with disability, including support for books, learning materials, and uniform allowance, to the extent feasible: Provided, that persons with disability shall meet the minimum admission requirements set by the Department of Education (DEPED), Commission on Higher Education Department (CHED), Technical Education and Skills Development Authority (TESDA) and other entities engaged in the grant of scholarship and financial assistance for the education of persons with disability. For the purposes of this rule, primary education shall include nursery and kindergarten whether in private or public school. The source of funding in addition to the Private Education Student Financial Assistance (PESFA) fund scholarship for the implementation of the above shall be the one percent (1%) allocation for persons with disability in DEPED, CHED, TESDA and other training and educational government agencies as required by General Appropriation Act, subject to the guidelines issued by the DEPED, CHED and TESDA.

6.8 Benefits and Privileges for Retirees with Disability

6.8.1 To the extent practicable and feasible, the persons with disability shall be granted for the continuance of the same benefits and privileges given by the Government Service Insurance System (GSIS), Social Security System (SSS) and PAG-IBIG, as the case may be or, as enjoyed by those in actual service.

6.8.2 Retirement benefits of retirees from both the government and the private sector shall be regularly reviewed to ensure their continuing responsiveness and sustainability, and to the extent practicable and feasible, shall be upgraded to be at par with the current scale enjoyed by those in active service;

6.9 Privileges on Granting Special Discounts in Special Programs   To the extent possible, the government may grant special discounts in special programs for persons with disability on purchase of basic necessities and prime commodities in supermarkets and grocery stores. The Department of Trade and Industry (DTI) and the Department of Agriculture (DA) shall issue necessary guidelines for the implementation of this scheme.

6.10 Express Lanes Privileges – Express lanes for persons with disability shall be provided in all private, commercial and government establishments; in the absence thereof, priority shall be given to them in all the transactions of the establishments . LGUs shall ensure that this provision is implemented within their area of jurisdiction.

There should be an assigned person in all government agencies/offices and private establishments and to provide a section or desk manned by trained personnel to assist persons with disability. The personnel assigned shall be part of the existing manpower in all other government agencies/offices and private establishment as the case maybe or whenever possible.

6.11 The abovementioned privileges are available only to persons with disability who are Filipino citizens upon submission of any of the following as proof of his/her entitlement thereto subject to the guidelines issued by the NCWDP in coordination with DSWD, DOH and DILG.

6.11.1 An identification card issued by the city or municipal mayor or the barangay captains of the place where the persons with disability resides;

6.11.2 The passport of the persons with disability concerned; or

6.11.3 Transportation discount fare Identification Card (ID) issued by the National Council for the Welfare of Disabled Persons (NCWDP). However, upon effectivity of this Implementing Rules and Regulations, NCWDP will already adopt the Identification card issued by the Local Government Unit for purposes of uniformity in the implementation. NCWDP will provide the design and specification of the identification card that will be issued by the Local Government Units.

6.12 Tax Incentives for Benefactors.    Those caring for and living with a person with disability shall be granted incentives in accordance with the provisions of the National Internal Revenue Code, as amended. For purposes of granting the incentives, persons with disability shall be treated as dependents under Section 35(A) of the National Internal Revenue Code, as amended, and as such, individual taxpayers providing care for them shall be accorded the privileges granted by the Code insofar as having dependents under the same section are concerned.

6.12.1 Availment of the   head of family status’ by benefactors of persons with disability. A benefactor of a person with disability whose civil status is single shall be considered as head of family and shall be allowed to avail himself/herself of that status. As such, he shall be entitled only to one basic personal exemption equivalent to Twenty-five thousand pesos (P25,000), or as allowed thereafter under the National Internal Revenue Code.

6.12.2 Married individuals with child/children with disability. – A married individual is entitled to a basic personal exemption equivalent to Thirty-two thousand pesos (P32,000) under Section 35(B) of the National Internal Revenue Code, as amended. If the married individual has a child or has children with disability, who is/are dependent on him/her for support, he/she shall be entitled to an additional exemption of Eight thousand pesos (P8,000) per qualified dependent (not exceeding four). A married individual is not entitled to the above additional exemption if he/she takes care of a person with disability who is not his/her child, unless he/she legally adopts the same.

6.12.3 Solo parents (under R.A. No. 8972    Solo Parent Act) with child/children with disability. – A single or legally separated individual who has a child, legitimate, illegitimate or legally adopted, is entitled to a basic personal exemption granted to a head of family. He/She is entitled also to an additional exemption of Eight thousand pesos per qualified dependent (not exceeding four). A solo parent is not entitled to the above 6.12.1 additional exemption if he/she takes care of a person with disability who is not his/her child, unless he/she legally adopts the same.

6.12.4 Grandparents with grandchild/grandchildren with disability.    A grandparent who is not legally separated or a widow/widower or a solo parent is entitled to a basic personal exemption of Thirty-two thousand pesos (P32,000) [the personal exemption granted to a married individual]. A grandparent who is legally separated or a widow/widower may still claim the same basic personal exemption as if he/she was separated or as if his/her spouse died at the close of the taxable year, as the case may be. If the grandparent, caring for a grandchild with disability, is legally separated or a solo parent, he/she is entitled only to the status of a head of a family and, as such, he/she shall be entitled only to the basic personal exemption equivalent to Twenty-five thousand pesos (P25,000). A grandparent, caring for a grandchild with disability, cannot avail for himself/herself the additional exemption enjoyed by a married individual or by a solo parent with regard to his/her dependent/s.

A benefactor shall comply with all the requirements that shall hereinafter be issued by the Secretary of Finance, upon recommendation of the Commissioner of Internal Revenue, before he/she can avail of the incentives as provided for under the Act.

6.13 Individuals or nongovernmental institutions establishing homes, residential communities or retirement villages solely to suit the needs and requirements of persons with disability shall be accorded the following:

(i) Realty tax holiday for the first five years of operation; and

(ii) Priority in the building and/or maintenance of provincial or municipal roads leading to the aforesaid home, residential community or retirement village. The city and municipal government concerned where the homes, residential communities or retirement villages is located shall issue the implementing guidelines for the availment of this incentives.

6.14 Availment of Tax Deductions by Establishment Granting Twenty Percent 20% Discount – The establishments may claim the discounts granted in sub-sections (6.1), (6.2), (6.4), (6.5) and (6.6) as tax deductions based on the net cost of the goods sold or services rendered: Provided, however, that the cost of the discount shall be allowed as deduction from gross income for the same taxable year that the discount is granted: Provided, further, That the total amount of the claimed tax deduction net of value-added tax if applicable, shall be included in their gross sales receipts for tax purposes and shall be subject to proper documentation and to the provisions of the National Internal Revenue Code, as amended.

6.15 Prohibitions on Availment of Double Discounts   The privileges mentioned in the foregoing shall not be claimed if the persons with disability claims a higher discount as may be granted by the commercial establishment and/or under other existing laws or in combination with other discount program/s.

RULE V

PROHIBITIONS ON VERBAL, NON-VERBAL RIDICULE AND VILIFICATION AGAINST PERSONS WITH DISABILITY

Section 7. Chapter 1. Deliverance from Public Ridicule    For purposes of this Chapter, public ridicule shall be defined as an act of making fun or contemptuous imitating or making mockery of persons with disability whether in writing, or in words, or in action due to their impairment/s. The following constitutes acts of public ridicule:

Making fun of a person on account of his/her disability even through jokes in a manner that is degrading resulting to the embarrassment of the person with disability in front of two or more persons;

Making mockery of a person with disability whether in oral or in writing;

Imitating a person with disability in public gatherings, stage shows, carnivals, television shows, broadcast media and other forms of entertainments that are offensive to the rights and dignity of persons with disability or any other similar acts;

No individual, group or community shall execute any of these acts of ridicule against persons with disability in any time and place which could intimidate or result in loss of self-esteem of the latter.

Section 8. Chapter 2. Deliverance from Vilification    For purposes of this Chapter, vilification shall be defined as:

The utterance of slanderous and abusive statements against a person with disability such as but not limited to: (1) calling a person by his disability in public which results to humiliation; (2) using the disability of a person as an example in a manner that is embarrassing and humiliating to the dignity of persons with disability.

An activity in public which incites hatred towards, serious contempt for, or severe ridicule of persons with disability.

Any individual, group or community is hereby prohibited from vilifying any person with disability which could result into loss of self-esteem of the latter.

RULE VI

ENFORCEMENT AND PENALTY

Section 9. Penalties    Any person who violates any provision of this Act shall suffer the following penalties:

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

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.

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.

If the violator is a corporation, organization or any similar entity, the officials thereof directly involved shall be liable therefore.

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.

Section 10. Effectivity. These Implementing Rules and Regulations shall take effect fifteen (15) days after publication in two (2) newspapers of general circulation and filed with the Administrative Registrar, University of the Philippines Law Center as required under the Administrative Code of 1987.

Sgd. ESPERANZA I. CABRAL, MD
Secretary
Department of Social Welfare and Development

Sgd. JESLI A. LAPUS
Secretary
Department of Education

Sgd. MARGARITO B. TEVES
Secretary
Department of Finance/Bureau of Internal Revenue

Sgd. JOSEPH H. DURANO
Secretary
Department of Tourism

Sgd. RONALDO V. PUNO
Secretary
Department of Interior and Local Government

Sgd. ARTHUR C. YAP
Secretary
Department of Agriculture

Sgd. LEANDRO R. MENDOZA
Secretary
Department of Transportation and Communications

DOT and NCDA hold Webinar on “Barrier Free Tourism Kaya Natin”

September 24, 2020

Secretary Bernadette Romulo-Puyat of the Department of Tourism and Executive Director Emerito L. Rojas of the National Council on Disability Affairs (NCDA) lead to undertake  a Webinar today (September 24) to promote Barrier-Free Tourism for persons with disabilities,  despite the unprecedented blow  to tourism sector brought about the COVID-19 Pandemic , and affecting persons with disabilities among the vulnerable groups.  

Dubbed as “Barrier-Free Tourism Kaya Natin” aims to encourage DOT-accredited tourism related establishments as well as tourism destinations to become more user friendly for persons with disabilities.

Barrier-Free Tourism (BFT) is used to categorized the travel needs of persons with disabilities so they can move freely and independently as mentioned in Articles 9 and 30 of the UN Convention on the Rights of Persons with Disabilities or UNCRPD stating a provision on “ACCESSIBLITY” which enables persons with disabilities to live independently independently and participate fully in all aspects of life. Likewise, persons with disabilities can expect to participate fully and enjoy the same tourism activities at par with persons without disabilities.

In support of these provisions, a policy on “Tourism for All” advocacy campaign of DOT was initiated    to provide policy guidelines for stakeholders on accessible tourism as provided for in the government’s National Tourism Development Plan (NTDP) to address the needs of tourists with disabilities.   

Likewise, the issuance of Memorandum Circular No. 2011-14 on February 11, 2011 entitled “Adopting the Guidelines on the Grant of Special Discounts to Persons with Disabilities Pursuant to the Provisions of Republic Act No. 9442.” An Act Amending Republic Act No. 7277, Otherwise Known as the “Magna Carta for Disabled Persons and Other Purposes.”  Failure to comply with the grant of such benefits being stated in the said Guidelines is a “ground for the Review of its Accreditation of DOT’s Rules and Regulations on Accreditation without prejudice to said establishment’s liability.”

Speakers from the United Architects of the Philippines (UAP), Intramuros Administration, Resources for the Blind, as well as  Special Education Teachers and Officials  from  the National Council on Disability Affairs will  be discussing  topics on  “Making Tourism Establishments Barrier-Free, ” Key Mandates on the Rights of Persons with Disabilities”  “Intramuros as a Model  Friendly Tourist Destination for Persons with Disabilities. 

Participants will be from the DOT-accredited establishments composed of hotels and restaurant managers, transport operators, security personnel of seaports and airports, farm tourism operators, and local tourism officers.

According to NCDA Director Rojas, “this Webinar aims to ensure that tourists and guests with disabilities are properly accorded proper assistance in tourism establishments at the current pandemic situation towards the new system.”

In a related development, DOT and NCDA have been partners  in undertaking Seminars on How to Assist Persons with Disabilities for Tourism Frontliners around the country  since it started in 2011  and continued its conduct in Regions V, IV (CALABARZON), III and National Capital Region this year.

References: http://hrlibrary.umn.edu/research/Philippines/RA%207277%20-%20Magna%20Carta%20of%20Disabled%20Persons.pdf

JEMELLEE P. AGUILAR

ncda.jemellee@gmail.com

ENGR. EMERITO L. ROJAS

ncda.exec.director@gmail.com

DOH AO 2017-0008 Implementing Guidelines of Republic Act 10754, otherwise known as “An Act Expanding the Benefits and Privileges of Persons with Disability”, for the Provision of Medical and Health-related Discounts and Special Privileges

June 8, 2017

 

Republic of the Philippines
Department of Health
OFFICE OF THE SECRETARY
 

                                                                                                           June 01, 2017

ADMINISTRATIVE ORDER
No. 2017 – 0008

SUBJECT: Implementing Guidelines of Republic Act 10754, otherwise known as “An Act Expanding the Benefits and Privileges of Persons with Disability”, for the Provision of Medical and Health-related Discounts and Special Privileges

I. RATIONALE

In the pursuit of achieving “All for Health towards Health for All”, the Philippine Health Agenda (PHA) defines the blueprint of the government’s strategies to have an inclusive and responsive health care for all Filipinos. The PHA guarantees the provision of health services to all Filipinos especially the poor, marginalized, and vulnerable such as the persons with disabilities (PWDs). In response, the Department of Health (DOH) ensures that relevant policies and plans for the Health and Wellness Program for PWDs are crafted and implemented in accordance with the PHA and current governing laws.

The Republic Act (RA) 10754, otherwise known as “An Act Expanding the Benefits and Privileges of Persons with Disability”, was enacted into law on March 23, 2016 and its corresponding Implementing Rules and Regulations (IRR) was signed on December 1, 2016. This law expands the benefits and privileges of PWDs by amending Republic Act 7277, otherwise known as the “Magna Carta for Persons with Disabilities”. In particular, Section 1 of RA 10754 amends Section 32 of RA 7277 entitling the PWDs to at least twenty percent (20%) discount and exemption from the value-added tax (VAT) on the purchase of certain goods and services from all establishments for the exclusive use, enjoyment, or availment of the PWD.

As mandated in Rule IV, Secs. 6.4 and 6.5 of the IRR of RA 10754, the DOH, in coordination with Philippine Health Insurance Corporation (PhilHealth) and Food and Drug Administration (FDA), shall issue the corresponding guidelines, circulars or directives related to the purchase of health and medical goods and availment of services from medical establishments.

In this regard, the DOH is hereby repealing DOH Administrative Order (AO) 2009-0011 to include the additional benefits and privileges stated in the RA 10754 and its IRR.

II. OBJECTIVES

To provide guidelines for the implementation of at least 20% discount and VAT exemption in all medical, and health-related services for PWDs.

III.  SCOPE AND COVERAGE

This Administrative Order applies to all private and government hospitals and other health facilities, health care professionals, PhilHealth, pharmacies, and other establishments providing medical and health-related care and services to PWDs.

IV. DEFINITION OF TERMS

Annex A provides the relevant and pertinent definition of terms as adopted from RA 7277, RA 9442, and RA 10754.

V. GENERAL GUIDELINES

  1. All PWDs are entitled to at least 20% discount and VAT exemption upon requirements determination and compliance by both the provider/establishment and PWD.
  1. At least 20% discount and VAT exemption shall cover purchase of generic and branded medicines, medical and assistive devices, costs of medical, dental, and rehabilitation services, and diagnostics and laboratory fees, as prescribed by the attending physician for all PWDs.
  1. Diagnosis or treatment shall be in accordance to the latest Clinical Practice Guidelines (CPGs) or hospital treatment protocols, for all service wards and pay sections of government hospitals and facilities, and in all private hospitals and medical facilities.
  1. Services which are medically necessary for the prevention, diagnosis, treatment, rehabilitation, or palliation of the PWD shall be provided the discount and exemption.
  1. All PWDs shall be enjoined to become PhilHealth members (member or dependent of active PhilHealth member). The national government through the National Household Targeted System or Listahan, LGUs, NGOs, or private individual and/or group shall support the PhilHealth enrolment of non-PWD members. PWDs may also opt to enroll themselves as individual paying members.
  1. All government and private hospitals, medical facilities, and hospitals including drugstores and other licensed establishments dispensing medicines shall develop appropriate and strategic communication materials to disseminate information and policies set forth by this issuance accessible to all PWDs; designate express lanes for PWDs; and issue official receipts in every payment of drugs and medicines, medical/assistive devices, and other services stating the usual rates or fees, retail price, discounts and VAT exemption.
  1. All health facilities shall provide holistic quality care to PWDs and their families and treat them with professional conduct and respect in support of this Order.

VI. IMPLEMENTING RULES AND MECHANISM FOR THE AVAILMENT OF PRIVILEGES

  1.  At least 20% discount and VAT exemption shall apply to the following:

        a. Generic and branded medicines as well as food for special medical purposes in establishments               dispensing medicines        

        b. Medical and assistive devices not limited to the list enumerated in Annex B. Purchase of any the             following medical devices shall be recorded in the Purchase Booklet for control and monitoring:

            i. Medical and assistive devices used/consumed during check-up or confinement of a PWD                      regardless of the number    of days of stay in the hospital or any health facilities and during                      recovery at home, or for monitoring of a particular ailment or disease, or to aid the                      maintenance of a treatment.

            ii. Medical and assistive devices used during recovery at home, or for monitoring of a particular                   ailment or disease, or to aid the maintenance of a treatment, with the approval / referral of the                 physician.

        c. Professional fees of attending doctors in the pay section of government and private hospitals and             facilities; and  

        d. Costs of medical, dental, and rehabilitation services; diagnostic and laboratory services including             the use of   special reagents, dyes, contrast media, and radioactive isotopes; and psychological,             behavioral, and developmental tests – for both in-patient and out-patient PWDs in government                 and private hospitals and facilities                    

  1. The hospital bed for a PWD confined in a service ward of a government facility shall be classified based on AO 51-A s. 2001 known as the Implementing Guidelines on the Classification of Patients on Availment of Medical Social Services in government health facilities. The balance shall be paid by the PWD based on his/her Medical Social Worker Classification.
  1. Discounting and computation of the 20% Discount and VAT exemption:

        a.  At least 20% discount and VAT exemption shall be granted upon full payment of the hospital bill.             The billing statement showing the usual rates or fees and the discounted prices shall be                          attached to the official receipt.

        b. At least 20% discount and VAT exemption shall be deducted upon purchase of the medicines                   and medical and/or assistive devices, with compliance to the necessary documentary                             requirements for the availment of discounts and exemption.

        c. All PhilHealth accredited health care institutions shall first deduct 12% VAT exemption from the                 total health care institution charges, then deduct the 20% PWD discount from the difference.                   Other PhilHealth benefits shall be deducted from the remaining amount. It is only after deducting             the appropriate discount from the total bill or statement of account that the accredited health care             institution can file claim for benefit package.

        d. The discount privileges and VAT exemption shall be non-transferable and exclusively for the                   benefit of the PWD.

        e. Double discounts shall not be allowed. The PWD shall avail of the establishment’s offered                       discount or at least 20% discount and VAT exemption provided herein, whichever is higher and               more favorable. In cases where the person with disability is also a senior citizen entitled to a                   20% discount and VAT exemption under his/her valid senior citizen identification card (ID), the                 person with disability shall use either his/her PWD ID Card or Senior Citizen ID card to avail of                 the at least 20% discount and VAT exemption.

        f. Drugs stores offering special discounted prices less than 20% of the regular retail price can                      deduct the percentage discount of their promotional campaign from the total of twenty percent                  (20%) discount as required by RA 10754. Thus, a total discount of 20% for PWD shall still be                  applied.

  1. Purchase of All Medicines and Medical Assistive Devices and Documentary Requirements for the Exclusive Use of the PWDs

        A. The following documentary requirements shall support the availment of the discount and                          exemption for compliance of PWDs:

            i. PWD identification (ID) card as issued by Local Government Unit (LGU) through the                      City/Municipal Social Welfare and Development Office (C/MSWDO) or the Persons with                      Disability Affairs Office (PDAO) of the place where the PWD resides in accordance with                      NCDA-Administrative Order #001. National Council on Disability Affairs (NCDA) shall issue a                  temporary PWD ID to PWDs in emergency situations such as but not limited to hospital                      confinement, provided that the PWD ID number coding shall be retained in accordance with                    the official residence of the PWD.

            ii. Except for over-the-counter (OTC) drugs, a doctor’s prescription shall be presented for                       medicines and food for special medical purposes. A prescription shall have the following                       information: (1) name of the PWD, (2) age, (3) sex, (4) address, (5) date, (6) generic name of                   the medicine, (7) dosage form, (8) dosage strength, (9) quantity, (10) signature over printed                     name of physician, (11) physician’s address, (12) contact number of physician or dentist, (13)                   professional license number, (14) professional tax receipt number and (15) narcotic license                     number, if applicable. The drugstores may limit the dispensing of OTCs to not more than a                       week’s supply. Only prescriptions that contain the above shall be honored.

                A doctor’s prescription shall also be presented for medical and assistive devices in                                  accordance with preceding paragraph.

            iii. Purchase booklet issued by the local social/health office to PWDs for free containing the                       following basic information:

                   1.) PWD ID number
                   2.) Booklet control number
                   3.) Name of PWD
                   4.) Sex
                   5.) Address
                   6.) Date of Birth
                   7.) Picture
                   8.) Signature or thumb mark of PWD
                   9.) Information of medicine to be purchased such as name of medicine, quantity, attending                           physician and his/her license number, name of servicing drug store and name of                                    dispensing pharmacist
                   10.) Authorization letter of the PWD who is residing in the Philippines at the time of purchase,                       currently dated and the identification card of the authorized person or representative, in                           case the medicine is bought by the representative or caregiver of the PWD. Purchase                           booklets shall be used to record the kind of OTC medicine purchased, how many, when                         and where it was purchased. Likewise, this shall help the drugstores to monitor the last                           purchase made for a certain medicine.
                   11.) In cases wherein the PWD is a minor or mentally or physically incapacitated to execute                           an authorization letter, the parent or legal guardian or representative shall be allowed to                         make the purchase on behalf of the PWD, upon proof of their valid identification card. The                       name of the said guardian or representative shall be indicated at the back of the PWD ID                       and shall be the exclusive representative of the PWD.

            B. Establishments / Providers dispensing medicines and assistive devices

                i. As a general rule, any single dispensing of medicines must be in accordance with the                        prescription issued by a physician and should not exceed one (1) month supply.

                ii. Drug stores are required to maintain a special record book for PWD subject to inspection by                  the FDA and Bureau of Internal Revenue.

                iii. For partial filling, the establishment’s pharmacists shall indicate the quantity partially filled in                   the purchase booklet (special record book) and the unfilled balanced on the prescription. The                 PWD shall retain the partially filled prescription and present the same later to complete the                     prescribed quantity. Fully filled prescription shall be surrendered by the PWD to the                          establishment’s pharmacists.

    1. Responsibilities of Stakeholders

           a. All Government Facilities shall:

              i. Post hospital room rates, laboratory tests, diagnostics tests fees, medicine prices, and all other              rates and fees in noticeable or strategic places in their respective facilities (e.g. near or at the                main entrance of facilities); and

              ii. Submit the aforementioned price list annually to the Health Facility Development Bureau of the               DOH and PhilHealth; and

              iii. Provide mechanisms to address queries or complaints from PWDs.

           b. Private Hospitals and Medical Facilities and Establishments shall:

                i. Post the price of all room rates in the Admitting Section. The prices of diagnostics and                            laboratory tests based on room and board accommodation, medical supplies and medicines                  shall be made available upon request of the PWD. The list shall ensure validation of the                          discount and VAT exemption granted to PWDs.

                ii. Provide mechanisms to address queries or complaints from PWDs with regard to discount                      and VAT exemption on professional fees; and

                iii. Inform in writing, copy furnished the aggrieved party, the necessary sanction  for the health                      professionals  who refuse to grant the proper discount and VAT exemption.

           c. Drugstores and other licensed establishments dispensing medicines

               i. Drugstores shall make available upon the PWD’s request, a generic menu card and shall                       receipt for drugs and medicines, which states the  usual prices and the  discounted prices and               VAT exemption of the drug or medicine.

               ii. During operating hours, all licensed establishments which dispense medicines shall be                            prohibited from scheduling or limiting the time of the PWDs to avail the discounts.

           d. Health Care Professionals shall:

                i. Inscribed his/her name and PRC number in the request for diagnostic and laboratory tests,                    and prescription;

               ii. Ensure that prescriptions  made are for the exclusive use of the PWD to curb abuse of                            availing discounts for use of non-PWD citizens;

               iii. Inform the PWD of the usual fees for the services required;

               iv. Provide an official receipt for the rendered professional services to the PWD that states the                     usual fees and the discounted fees and VAT exemption.

    1. Mechanism of Endorsement of Complaints

           All complaints on non-compliance with the 20% discount and VAT exemption shall be lodged with          the NCDA and/or to the respective LGU-PDAO where the purchase was made or where the PWD          resides, whichever is convenient for the PWD in accordance with Section 15 of Rule VI of the IRR          of RA 10754.

    VII. SEPARATIVELY CLAUSE/REPEALING CLAUSE

           This Order repeals DOH Administrative Order (AO) 2009-0011. All other issuances that are                    inconsistent herewith are hereby revised or modified.

           If any portion or provision of this Order is declared void or unconstitutional, the remaining portions          or provisions thereof shall not be affected by such declaration.

    VIII. EFFECTIVITY

    This Order shall take effect immediately after its publication in two (2) newspapers of general circulation.

    (Original Signed)

    PAULYN JEAN B. ROSELL-UBIAL, MD, MPH, CESO II
    Secretary of Health

    ANNEX A – Definition of Terms

     As adopted from the Implementing Rules and Regulations of RA 7277, RA 9442, and RA 10754

    1. ASSISTIVE DEVICES – any device that is designed, made, or adapted to assist a person to perform a particular task or activity for daily living.
    1. CHILD WITH DISABILITY shall refer to persons below eighteen (18) years of age who have disabilities or those over but with mental capacity as that of a child and are unable to fully take care of themselves or protect themselves because of intellectual impairment, hearing impairments including deafness, speech or language impairments, visual impairments including blindness, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments or specific learning disabilities who by reason thereof need special education and other services.
    1. DISABILITY – shall mean (1) a physical or mental impairment that substantially limits one or more psychological, physiological or anatomical function of anatomical function of an individual or activities of such individual; (2) a record of such is impairment; or (3) being regarded as having such impairment.
    1. ESSENTIAL DRUG/MEDICINE – drug/medicine that satisfies the priority health care needs of the population and which is selected based on the evidence of its efficacy, safety and comparative cost effectiveness.
    1. ESSENTIAL DRUG LIST OR NATIONAL FORMULARY – a list of drugs prepared and periodically updated by the DOH on the basis of health conditions obtained in the Philippines as well as on internationally accepted criteria.
    1. ESTABLISHMENTS DISPENSING MEDICINES, MEDICAL DEVICES AND ASSISTIVE DEVICES – any drugstores, assistive device stores, government or private hospital pharmacies, medical clinics, optical clinics, audiology centers, and similar establishments dispensing medicines and selling assistive devices duly licensed or franchised by the FDA and/or the local government unit (LGU).
    1. FOODS FOR SPECIAL MEDICAL PURPOSES – category of foods for special dietary uses which are specially processed or formulated and presented for the dietary management of patients and maybe used only under medical supervision as described and define in FDA Codex STAN 180-1991. They are intended for the exclusive or partial feeding of patients with limited or impaired capacity to take, digest, absorb or metabolize ordinary foodstuffs or certain nutrients contained therein, or who have other special medically-determined nutrient requirements, whose dietary management cannot be achieved only by modification of the normal diet, by other foods for special dietary uses, or by a combination of the two.
    1. HEALTH CARE PROFESSIONAL – any licensed physician, dentist, nurse, midwife, allied medical practitioner, paramedical practitioner, or other health care professional or practitioner duly licensed to practice in the Philippines.
    1. IMPAIRMENT – any loss, diminution or aberration of psychological or physiological function with or without an accompanying anatomical structural defect.
    1. MEDICAL DEVICES – an instrument, apparatus, equipment, machine, contrivance, implant, in vitro  reagent, or  other similar  or related  article,  including a component part, or  accessory which is:  (1) intended for  use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in persons with disabilities; and  (2) intended to affect the structure or any function of the body of PWDs, and which does  not achieve  any of its  primary intended  purposes through chemical action within or on  the body of man or other  animals and which is not dependent upon being metabolized for the achievement of any of its primary intended purposes.
    1. MEDICAL SERVICES – shall refer to the hospital room accommodation, hospital services, medical supplies, professional services of health care professionals, diagnostic services, and laboratory  services that are  necessary for the prevention, diagnosis, treatment,  rehabilitation, and  palliation of a persons’ disability, illness or injury. This should not be limited to hospital services but should include clinics and other health facilities.   Further, it refers  to health services  which include but not limited to prevention of disability through immunization, nutrition, environmental protection and preservation; genetic  counseling; early detection of disability; and timely intervention, medical or surgical,  to arrest  the disabling    Intervention includes rehabilitation and provision of assistive devices.
    1. MEDICALLY NECESSARY – services required to preserve and maintain the health status of a person in accordance with accepted standards of the medical practice in the medical community. This includes services which are absolutely necessary in treating a patient and which could adversely affect the patient’s condition if it were omitted.
    1. MEDICINE / DRUG – any chemical compound or biological substance, other than food, intended for use in the  treatment,  prevention  or diagnosis of disease in humans or animals, including but not limited to:

           a. Any article recognized in the official United States Pharmacopoeia – National Formulary                        (USN-NF), official Homeopathic Pharmacopoeia of the United States, Philippine Pharmacopoeia,           Philippine National Formulary (PNF), British Pharmacopoeia, European Pharmacopoeia,                         Japanese Pharmacopoeia, Indian Pharmacopoeia, any national compendium or any supplement           to any of them;

           b. Any article intended for use in diagnosis,  cure, mitigation,  treatment  or prevention of disease in            humans or animals. Any article other than food intended to affect the structure or any function of            the human body or animals;

           c. Any article intended for use as a component of any of the articles specified in clauses (a), (b)                and (c) not including devices or their components, parts or accessories;

           d. Herbal and/or traditional drugs which are articles of plant or animal origin used in folk medicine              which are: 1) recognized in the PNF; 2) intended for use in the treatment  or cure or mitigation of            disease symptoms, injury or body effects  in humans; 3) other than food, intended to affect the              structure or any function of the human body; 4) in finished or ready-to-use dosage form; and                   5) intended for use as a component of any of the articles specified in items 1 to 4. For herbs to              be classified under this definition, levels and amounts as well as registration status are required              when indicated for therapeutic use; and

           e. This may also include vitamins and minerals provided that these are in accordance with the                   FDA’s prevailing cut-off on vitamins and minerals classified as drug/medicine i.e. product  the                 containing more than 150% of water- soluble vitamins and more than 102% of fat soluble  the                 vitamins.

    1. PERSONS WITH DISABILITY – are those suffering from restriction or 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.

    ANNEX B – List of Medical and / or Assistive Devices

    The medical devices includes, but not limited to the following: cane, crutches, walkers, diaper, wheelchair  whether  manual or  electric-powered,  commode  chair,  bed pan, body support, fracture, sock, medical support stockings, oxygen therapy unit (gauge and tank set), IV fluid and stand,  forceps, swabs,  hospital bed,  walker, urine bag, bandage, hearing aid, eye glasses, intraocular  pen injector, hot/cold pack, therapeutic massager, therapeutic mattress/pad, all prosthesis, catheter, therapeutic warmer, glucometer set including lancets and test strips, insulin syringe and needle, thermometer, blood pressure apparatus, syringe and needles, IV set, dialyzer, adhesive strip, mask, gauze, gloves, dressing, cotton, brace, and other essential medical supplies, accessories,  kits,  equipment  including the  use of  radiation  devices, dental and laboratory, hospital implement or apparatus and other devices for the use of persons with disability.

    This also includes the purchase of eyeglasses, hearing aids, dentures, and prosthetics, artificial bone replacements like steel and which include implants, plates, rods and screws.

REVENUE REGULATIONS NO.5-2017 – Rules and Regulations Implementing Republic Act No. 10754

April 27, 2017

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FINANCE
BUREAU OF INTERNAL REVENUE

April 11, 2017

REVENUE REGULATIONS NO.5-2017

SUBJECT : Rules and Regulations Implementing Republic Act No. 10754, entitled  “An Act Expanding the Benefits and Privileges of Persons with Disability (PWD) “Relative to the Tax Privileges of Persons with Disability and Tax Incentives for Establishments Granting Sales Discount, and Prescribing the Guidelines for the Availment Thereof, Amending Revenue Regulations No. 1-2009                                                                                                                                                                                                                        

TO:   All Internal Revenue Officers and Others Concerned

SECTION 1. SCOPE.

Pursuant to the provisions of Section 244 of the Tax Code of 1997, as last amended by Republic Act No. 9504, in relation to Sec. 3 of Republic Act (R.A.) No. 10754, otherwise known as “An Act Expanding The Benefits And Privileges Of Persons With Disability” (hereinafter referred to as the “Act”), these Regulations are hereby promulgated to:

  1. Prescribe the guidelines for the implementation of the tax privileges of persons with disability and their benefactor; and tax incentives for establishments granting twenty percent (20%) sales discount and exemption from Value-added Tax (VAT) under Sections 32 and 33 of R.A. 7277, as amended by R.A. No. 9442, otherwise known as the “Magna Carta for Persons with Disability” and R.A. No. 10754; and
  2. Amend certain provisions of Revenue Regulations No.1-2009.

SECTION 2. DEFINITION OF TERMS.

For purposes of these Regulations, the following terms and phrases shall be defined as
follows:

2.1 Act – shall refer to Republic Act No. 7277, as amended by Republic Act No. 9442 otherwise known as the “Magna Carta for Persons with Disability” and R.A. No. 10754 otherwise known as “An Act Expanding the Benefits and Privileges of Persons with Disability (PWD)”

2.2 Person with Disability (PWD) – are those who have a long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. For purposes of these Regulations, the term “PWD” shall be further classified / categorized by the Department of Health (DOH).

2.3 Disability – shall mean a physical or mental impairment that substantially limits one or more psychological, physiological or anatomical function of an individual or activities of such individuals, a record of such an impairment; or being regarded as having such an impairment.

2.4 Benefactor – shall refer to a Filipino citizen or resident alien, caring for, giving chief support and living with the PWD, who is in the fourth (4th) civil degree of consanguinity or affinity claiming such PWD as dependent.

2.5  PWD-Dependent – shall refer to a Filipino citizen who is a PWD, whether minor or of legal age, related to the benefactor within the fourth (4th) civil degree of consanguinity or affinity, not gainfully employed and who is living with and chiefly dependent upon such benefactor for his/her support.

2.6    Sales Discount – shall refer to the actual discount, or that discount, or that discount which in no case shall exceed 20% of the gross selling price of goods sold or services rendered to PWD by certain business establishments enumerated under the Act and these Regulations.

2.7 Establishment – shall refer to any entity, public or private, duly licensed and/or authorized by the national government agencies or by the local government units to operate.

SECTION 3. SALES DISCOUNTS WHICH MAY BE CLAIMED BY QUALIFIED PERSONS WITH DISABILITY (PWD).

Qualified PWD shall be entitled to claim at least twenty percent (20%) discount from the following establishments relative to the sale of goods and services for their exclusive use and enjoyment or availment of the PWD:

3.1  Hotels and similar lodging establishments; restaurants and recreation centers;

3.2 Theaters, cinema houses, concert halls, circuses, carnivals and other similar places of culture, leisure and amusement;

3.3   All drugstores regarding purchase of generic and branded medicine;

3.4 Medical and dental services including diagnostic and laboratory fees (e.g., x-rays, computerized tomography scans and blood tests) and professional fees of attending doctors in all government facilities or all private hospitals and medical facilities subject to the guidelines to be issued by the DOH, in coordination with the Philippine Health Insurance Corporation (Phil Health);

3.5 Domestic air and sea transportation based on the actual fare. For promotional fares, the PWD can avail the establishment’s offered discount or the 20% discount provided herein, whichever is higher and more favorable;

3.6 Land transportation privileges based on the actual fare such as, public utility buses or jeepneys (PUBs/PUJs). taxis, Asian Utility Vehicles (AUVs), shuttle services and public railways such as Light Rail Transit (LRT), Metro Rail Transit (MRT), Philippine National Railways (PNR), and such other similar infrastructure that will be constructed,
established and operated by public or private entity; and

3.7 Funeral and burial services for the death of the PWD: Provided, that the beneficiary or any person who shall shoulder the funeral and burial expenses of the deceased PWD shall claim the discount under this rule for the deceased PWD upon presentation of the death certificate and PWD Identification Card (ID) or in its absence, the
original or certified true copy of the proof of registration from the issuing local government unit. Such expenses shall cover the purchase of casket or urn, embalming, hospital morgue, transport of the body to intended burial site in the place of origin, but shall exclude obituary publication and the cost of the memorial lot.

All other goods and services sold by the foregoing establishments not included in the above enumeration expressly provided by law shall not be considered for the 20% discount privilege notwithstanding that the same are for the exclusive use and enjoyment or availment of the PWD.

SECTION 4. COMPUTATION OF THE DISCOUNT AND VAT EXEMPTION GRANTED TO QUALIFIED PERSONS WITH DISABILITY.

VAT on sale of goods or services with sales discounts granted by business establishments enumerated under Section 3 hereof shall be computed in accordance with the following formula:

Amount of sale (with VAT) P1,120.00
Less: 12% VAT 120.00
Total Amount 1,000.00
Less: 20% Sales Discount 200.00
Total Amount Due P800.00

 

The Two Hundred Pesos (P200.00) cost of the discount in the above illustration, shall be allowed as a deduction from gross income for the same taxable year that the discount is granted: Provided that, the total amount of the claimed tax deduction net of VAT, if applicable, shall be included in their gross sales receipts for tax purposes and shall be subject to proper documentation in accordance with the provisions of the Tax Code. This means that for the
establishment to be allowed to claim the discount as a deduction, the amount of sales that must be reported for income tax purposes is the VAT-exclusive selling price of P1,000.00 and not the amount of sales net of the discount – P800.00.

SECTION 5. AVAILMENT BY ESTABLISHMENTS OF SALES DISCOUNTS AS DEDUCTION FROM GROSS INCOME.

Establishments granting sales discounts to PWD on their sale of goods and/or services shall be entitled to deduct the said sales discount from their gross income subject to the following conditions:

5.1  All establishments which granted sales discounts on their sale of goods and/or services to PWD may claim the said discount as deduction from the gross income for the same taxable year that the discount is granted; Provided that, the name of PWD and the PWD Identification Card (PWD ID) No. are reflected in the required record of sales
for PWD.

As expressly provided by law, the total amount of the claimed tax deduction net of VAT, if applicable, shall be included in their gross sales receipt for tax purposes and shall be subject to proper documentation and to the provisions of National Internal Revenue Code (NIRC), as amended, thus if there are no name of PWD and
PWD Identification Card (PWD ID) No. in the records of sales, the sales discount claimed as deduction by business establishments shall be disallowed.

For percentage tax payer, the amount of sales discounts shall be excluded for purposes of computing the three percent (3%) percentage tax but shall be included as part of the gross sales/receipts for income tax purposes. The sales discount granted shall then be accounted as deduction from the gross income of the establishment for the same
taxable year that the discount was granted.

Computation of Discount on Non-VAT Taxpayer: 

Sales/Receipts P1,120.00
Less:20% Discount 224.00
Amt. Payable by PWD/Received by Seller 896.00
Multiply by tax rate X               3%
Percentage Tax Due P26.88

5.2 Only that portion of the gross sales exclusively used, consumed or enjoyed by the PWD shall be eligible for the deductible sales discount;

5.3 The seller must record its sales inclusive of the discount granted, not as a reduction of sales to arrive at net sales, but as a deduction from its gross income (sales less cost of sales). Thus the entry to record the transaction as illustrated in Section 4 and Section 5.1 hereof in the books of the seller should be as follows:

a. VAT

Debit – Cash P800
Debit – PWD Discount Expense  200
Credit – Sales    P1,000

b. Non-VAT

Debit – Cash P896
Debit – PWD Discount Expense 224
Credit – Sales    P1,120
                   ###
Debit – Percentage Tax Due P26.88
               Credit – Tax Payable  P26.88

 

5.4 The sales discount shall be treated as a necessary and ordinary expense duly deductible from the gross income of the seller falling under the category of itemized deductions;

5.5 The sales discounts shall not be accounted as deductible expense for taxpayers availing the Optional Standard Deduction (OSD);

5.6 The amount of sales discount shall only be allowed as itemized deduction from gross income for the same taxable year that the discount is granted;

5.7 The gross selling price and the sales discount must be separately indicated in the official receipt or sales invoice issued by the establishment for the sale of goods or services to the PWD;

5.8 Only the actual amount of the sales discount granted or a sales discount not exceeding 20% of the gross selling price or gross receipts can be deducted from the gross income, net of value added tax, if applicable, and shall be subject to proper documentation under pertinent provisions of the Tax Code of 1997m as
amended; and

5.9 The business establishment giving sales discount to qualified PWD is required to keep separate and accurate records of sales, which shall include the name of the person with disability, PWD ID Number, gross sales/receipts, sales discount granted, date of transactions and invoice number for every sales transaction to PWD.

SECTION 6. PROHIBITION ON AVAILMENT OF DOUBLE DISCOUNTS.


The foregoing privileges granted to PWD shall not be claimed if the said PWD claims a higher discount as may be granted by the commercial establishment and/or under other existing laws or in combination with other discount program/s. Thus, a PWD who is at the same time a senior citizen can only claim one 20% discount on a particular sales transaction.

SECTION 7. EXEMPTION FROM VALUE-ADDED TAX (VAT) ON SALE OF GOODS OR SERVICES TO QUALIFIED PERSONS WITH DISABILITY.

7.1 Sales of any goods and services under Sections 3 of these Regulations to PWD shall be exempt from the value-added tax. To ensure the full entitlement of the person with disability to the discount prescribed in the Act, the sellers are precluded from billing any VAT to the PWD.

7.2 The sale to a person with disability must follow the invoicing requirements prescribed under Revenue Regulations (RR) No. 16-2005, as amended by RR Nos. 2-2007 and 4-2007 and Revenue Memorandum Order No. 12-2013. If the seller uses a Point of Sale Machine, Cash Register Machine, e-Invoicing or other receipting
software/application in lieu of the manual sales invoice, the machine/system receipts/invoices must properly segregate the exempt sales from the taxable sales and must follow the invoicing requirements prescribed under Revenue Regulations No. 10-2015.

7.3 The input tax attribute to VAT exempt sale is considered as cost or an expense account by business establishments and shall not be allowed as an input tax credit.

7.4 If there is no name of PWD and PWD ID No. indicated in the records of sales, the input tax attributable to VAT exempt sale claimed as an expense by business establishments shall be disallowed.

7.5 The exemption herein granted will not cover other indirect taxes that may be passed on by the seller to a PWD buyer, such as percentage tax, excise tax, etc. In such a case, the discount must be on the total cost of the goods or services charged by the seller exclusive of the VAT.

SECTION 8. ADDITIONAL EXEMPTIONS OF BENEFACTORS OF QUALIFIED PERSONS WITH DISABILITY.

8.1 Effective taxable year 2016, a Benefactor of a qualified PWD, may claim the additional exemption of twenty-five thousand pesos (P25,000) for each PWD, if such PWD, regardless of age, satisfies all of the following:

a. Filipino citizen;

b. within the fourth (4th) civil degree of consanguinity or affinity to the taxpayer/benefactor;

c. not gainfully employed; and

d. chiefly dependent upon and living with the taxpayer/benefactor.

8.2 The total number of dependents (qualified dependent children and/or qualified dependent PWD) for which additional exemptions may be claimed by the taxpayer/benefactor shall not exceed four (4);

8.3 The additional exemptions for qualified dependent PWD shall be claimed only by one taxpayer or by one of the spouses in the case of married individuals;

8.4 In the case of legally separated spouses, additional exemptions may be claimed only by the spouse who has custody of the child or children or PWD: Provided, that the number of additional exemptions that may be claimed by both shall not exceed the maximum additional exemptions of four (4);

8.5 The Taxpayer/Benefactor of the persons with disability shall submit the following
documentary requirements to the Revenue District Office (RDO) where he is
registered in order to claim the additional exemption, for the first year of claiming the
exemption and after three (3) years or upon renewal of the PWD ID whichever comes
first:

a. Duly accomplished BIR Form No. 2305;

b.  Photocopy of PWD Identification Card Issued by the Persons with Disability Affairs Office (PDAO) or the City/Municipal Social Welfare and Development Office (C/MSWDO) of the place where the person with disability resides or the National Council on Disability Affairs (NCDA);

c. Sworn Declaration/Identification of Qualified Dependent PWD, Support and Relationship (Annex A):

d. Birth Certificate of PWD;

e. Medical Certificate attesting to disability issued by in accordance with the Implementing Rules and Regulations of R.A. 10754; and

f. Barangay Certification certifying that the PWD is living with the benefactor.8.6 The submitted records of the PWD to the RDO must be used as reference for every taxable year, in order to validate the claimed additional exemption for the same PWD. Such record must be renewed by Taxpayer/Benefactor after three (3) years or upon
renewal of the PWD ID whichever comes first. In case of Employee-Benefactor, the aforementioned documentary requirements must be submitted to the employer for record and withholding tax purposes.

8.7 Illustrations.

No. 1: In 2016, M, CPA, is a widower who supports the following dependents living with him:

A – Mother of deceased wife, 65 years old, unemployed;
B – Legitimate child of deceased wife with her first husband, 20 years old;
C – Legitimate child, 18 years old;
D – Legitimate new born child;
E – Brother, 24 years old, physically defective, gainfully employed
F – Nephew, 2 years old, with hearing disability, illegitimate son of his deceased sister;
G – Sister, 26 years old, widow, with speech impairment, unemployed;
H – Legitimate daughter of his widowed sister, 3 years old;
I –  Foster child, 5 years old.

In October 2016, C married and G became gainfully employed.

What is M’s personal and additional exemptions for the years 2016 and 2017?

2016

Basic personal exemption:                          P50,000.00
Additional exemptions:

P25,000 x 4 (any of the ff:

C,D,F,G and I )

100,000.00

Total                          P150,000.00

 

M may claim additional exemptions if he cares for and supports any legitimate, illegitimate, or legally adopted child, foster child or a  PWD (regardless of age) who is within the 4th civil degree of consanguinity or affinity to M, who is chiefly dependent upon and living with him, and not gainfully employed.

If during the taxable year, any of the dependent children got marries or any of the dependents became employed, M may still claim the additional exemption as if C got married and G became gainfully employed at the close of such year1.

His mother-in-law A (a senior citizen without any disability), stepchild B, brother E and niece H are not dependents of M for purposes of claiming additional exemptions.

Note:

(1) M has five qualified dependents (C, D, F, G and I) but can only claim a maximum of four qualified dependents.

(2) M can claim an additional exemption for his stepchild B, only if he legally adopts him.

(3) M cannot claim his mother-in-law A and brother E, a PWD, as his dependents since his mother-in-law is a senior citizen2 without any disability and his brother is gainfully employed.

(4) M cannot claim H, his niece, as his additional exemption.

(5) Single status also applies to those who are widowed; and the civil status of legally separated is married, for taxation purposes.

2017

Basic personal exemption:               P50,000.00
Additional exemptions:
P25,000 x 3 (D, F and I)

                 75,000.00
Total              P125,000.00

M cannot claim anymore the additional exemption for his legitimate child C and his sister G, who got married and became gainfully employed respectively in 2016.

No.2: X and W are husband and wife with six (6) minor children. They were legally separated in 2015, where the custody of five (5) children were awarded by the court to X, and one (1) child to W. W supports his brother L, who is mute, unmarried, unemployed and living with him. What is the personal and additional exemption of X and W in 2016?

X:

Basic personal exemption:                P50,000.00
Additional exemptions:
P25,000 x 3 (3 children)

                  75,000.00
Total               P 125,000.00

W:

Basic personal exemption:                P50,000.00
Additional exemptions:
P25,000 x 1 (1 child)

                 25,000.00
Total                P75,000.00

 

X is legally separated spouse with five (5) qualified dependent children in his custody. W is also a legally separated spouse with two (2) qualified dependents in her custody, a child and a PWD, who is within the fourth degree of consanguinity. X can claim additional exemptions for three (3) qualified dependent children while W can claim additional exemption for one (1) qualified dependent child. The total amount of additional exemptions that may be claimed by both spouses shall not exceed the maximum allowed of four (4) qualified dependents.

No.3: Z, a CPA and Y, an employee are husband and wife with four (4) minor children. Y supports her 14-year-old brother J, a PWD, living with them. Z claims the additional exemptions for their four (4) children. Can Y claim for additional exemption for her brother who is a PWD? Answer: No. The total amount of additional exemptions that may be claimed by both spouses shall not exceed the maximum allowed of four (4) qualified dependents.

Suppose, Z and Y have only three (3) qualified dependent children, can Y claim for additional exemption for her brother who is a PWD?

Answer: No. Only one spouse can claim the additional exemption for qualified dependent PWD. Z may claim the additional exemption for his brother-in-law J, who is related within the second (2nd) civil degree of affinity to the brother of his wife.

SECTION 9. The privileges under the Act and in these Regulations available to PWD who are Filipino citizens may only be granted upon presentation of any of the following proof of his/her entitlement thereto:

9.1 An identification card issued by the Office of Persons with Disability Affairs (PDAO) or the City/Municipal Social Welfare and Development Office (C/MSWDO) of the place where the PWD resides; or

9.2  The passport of the PWD concerned with apparent disability; or

9.3 An identification Card (ID) issued by the National Council on Disability Affairs (NCDA).

SECTION 10. PENALTIES.

10.1 Any violation of these Regulations shall be subject to the corresponding penalties under pertinent provisions of the Tax Code of 1997, as amended, and other applicable regulations issued by the BIR;

10.2 Further, any person who violates any provision of R.A. 10754 shall suffer the following penalties:

10.2.1 For the first violation of any provision of the Act and these Regulations, a fine of not less than Fifty thousand pesos (P50,000) but not exceeding One hundred thousand pesos (P100,000) or imprisonment of not less than six months but not more than two years, or both at the discretion of the court;

10.2.2 For any subsequent violation thereto, a fine of not less than One hundred thousand pesos (P100,000) but not exceeding Two hundred thousand pesos (P200,000) or imprisonment for not less than two years but not more than six years, or both at the discretion of the court.

10.2.3 Any person who abuses the privileges granted under the Law shall be punished with imprisonment of not less than six months or a fine of not less than Five thousand pesos (P5,000), but not more than Fifty thousand pesos (P50,000), or both, at the discretion of the court.

If the violator is a corporation, organization or any similar entity, the officials thereof directly involved shall be liable therefor.

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 the Act and these Regulations.

SECTION 11. SEPARABILITY CLAUSE

If any portion or provisions of these Regulations is declared unlawful, the remainder of these Regulations or any provisions not affected thereby shall remain in force and effect.

SECTION 12. REPEALING CLAUSE

All revenue regulations and other revenue issuances or parts thereof inconsistent with the provisions of these Regulations are hereby repealed or modified accordingly.

SECTION 13. EFFECTIVITY

These Regulations shall take effect fifteen (15 days) after publication in the Official Gazette or in any two newspapers of general circulation, whichever comes earlier.

CARLOS G. DOMINGUEZ III
Secretary of Finance

Recommending Approval:

CAESAR R. DULAY
Commissioner of Internal Revenue

DOT and NCDA hold a Seminar on “Accessible Tourism for Persons with Disabilities”

August 16, 2016

DOT and NCDA hold a Seminar on “Accessible Tourism for Persons with Disabilities”

The Department of Tourism (DOT) and the National Council on Disability Affairs (NCDA) will jointly conduct a seminar on “Accessible Tourism for Persons with Disabilities ” on August 18, 2016 at Rosario’s Seafood and Restaurant and Grill House in Butuan City.

The one-day seminar is an advocacy effort which aims primarily to promote the “Tourism for All” policy of the government, a national campaign to provide policy guidelines for stakeholders on accessible tourism as provided for in the government’s National Tourism Development Plan (NTDP). Under the Plan, the government is targeting arrivals of 10 million tourists from foreign countries and 35.5 million domestic tourists for the period 2011-2016. This initiative is an off-shoot of DOT Memorandum Circular No. 2011-14 issued on February 11, 2011 entitled “Adopting the Guidelines on the Grant of Special Discounts to Persons with Disabilities Pursuant to the Provisions of Republic Act No. 9442.”

The above-mentioned policy requires DOT accredited establishments, such as restaurants, hotels, inns, apartels, pension houses, resorts and similar lodging establishments; tertiary hospitals, ambulatory clinics, spas, sports and recreational clubs/centers, museums, galleries, tourist land and water and air transport operators, to comply with the pertinent provisions of R.A. 9442 entitled “An Act Amending Republic Act No. 7277, Otherwise Known As the “Magna Carta for Disabled Persons and Other Purposes”. Failure to comply with the grant of such benefits being stated in the said Guidelines is a “ground for the Review of its Accreditation of DOT’s Rules and Regulations on Accreditation without prejudice to said establishment’s liability.”

To support this mandate and to achieve its objectives, frontliners in the tourism/business industry, such as hotel and restaurant managers, front desk officers, tourist transport operators, tour guides and other service providers in the said DOT-accredited establishments will be provided the knowledge to learn and practice the right ways on how to handle persons with mobility, hearing and visual impairments during the “Seminar on How to Handle Persons with Disabilities in Tourism Industry” to be conducted on August 18 this year at Rosario’s Seafood and Restaurant and Grill House in Butuan City.

Other participants include officials of the national government agencies based in Caraga Region that implement the tourism industry programs, representatives of Local Tourism Councils, persons with disabilities, and the media, among others.

Distinguished resource persons will discuss significant topics covering disability-related perspectives to be led by Ms. Carmen R. Zubiaga, NCDA Acting Executive Director. Others include Mr. Rizalio R. Sanchez, Chief of the Information, Education and Communication Division of NCDA, who will discuss the Key Mandates on Disability, and Director Mary Jean A. Camarin of DOT Caraga Regional Office who will discuss the Overview of the Seminar. Mayor Ronnie Vicente C. Lagnada of the host City will present the City’s tourism programs for persons with disabilities.

This seminar is an offshoot of the DOT policy providing for a series of campaign that were conducted in key cities of the country that include Manila, Cebu, Davao, General Santos, Baguio, Legazpi, Lipa, Tacloban, Cagayan de Oro and Koronadal City, among others. Other cities being targeted this year where similar undertaking will be conducted include Oriental Mindoro and Zamboanga.

“Tourism for All” concept ensures tourist destinations, products and services are accessible to all people regardless of their physical limitations, disabilities or age as long as they are able to travel and function independently in their socio-cultural and economic activities in places where they want to visit.

NCDA and CFL Partnership

May 22, 2015

Quezon City – To increase public awareness and better understanding of the country’s laws on disability, the National Council on Disability Affairs (NCDA) forged a partnership with the Commission on the Filipino Language (CFL) to translate disability laws in Filipino language.

In a turnover ceremony held recently, NCDA Deputy Executive Director Mateo A. Lee, Jr. received a copy of three (3) translated disability laws from Dr. Benjamin M. Mendillo, Jr., Chief of Translation Division of CFL. These laws include RA 9442 (An Act Amending Republic Act No. 7277, Otherwise known as the “Magna Carta for Disabled Persons and for Other Purposes”), RA 10070 (An Act Establishing An Institutional Mechanism To Ensure The Implementation of Programs and Services for Persons with Disabilities In Every Province, City And Municipality, Amending RA No. 7277, and for Other Purposes) and RA 10524 (An Act Expanding the Positions Reserved for Persons with Disability, Amending for the Purpose of RA 7277). Also translated into the Filipino language was the Frequently Asked Questions (FAQs) of the United Nations Convention on the Rights of Persons with Disability (UNCRPD).

The CFL has been assisting government agencies and institutions in the translation into Filipino and other Philippine languages historical works, laws, executive and legislative issuances, textbooks, and other reference materials in various disciplines for official purposes.

Dir. Lee thanked the Commission for its support to the project saying that “translating disability laws in Filipino would help the public, especially the PWD sector to better appreciate and understand their rights and privileges.” ###

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