Article 26Labor and Agrarian Laws and Social Legislation, p. 26

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

RA No 7277 | Magna Carta for Persons

with Disability

Previously, Magna Carta for Disabled Persons, as

amended by RA Nos 9442, 10070, 10524, and 10754

Rules and Regulation Implementing the Magna

Carta for Persons with Disability

RA 9442 Amending Magna Carta for PWDs Granting

Additional Privileges and Incentives and Prohibitions

RA 10070 An Act Establishing an Institutional

Mechanism to Ensure the Implementation of

Programs and Service

RA 10524 An Act Expanding the Positions Reserved for

Persons with Disability

March 24, 1992

AN ACT PROVIDING FOR THE

REHABILITATION, SELF-DEVELOPMENT

AND SELF-RELIANCE OF PERSONS WITH

DISABILITY AND THEIR INTEGRATION

INTO THE MAINSTREAM OF SOCIETY AND

FOR OTHER PURPOSES

TITLE ONE General Provisions

CHAPTER 1 Basic Principle

SECTION 1. Title . — This Act shall be known and cited

as the "Magna Carta for Persons with Disability" (As

amended by RA No. 9442, [April 30, 2007])

SECTION 2. Declaration of Policy — The grant of the

rights and privileges for persons with disability shall be

guided by the following principles:

a) Disabled persons are part of Philippine society,

thus the State shall give full support to the

improvement of the total well-being of persons

with

disability

and their integration into the

mainstream of society. Toward this end, the State

shall adopt policies ensuring the rehabilitation,

self-development

and

self-reliance of persons

with disability. It shall develop their skills and

potentials to enable them to compete favorably

for available opportunities.

b) Disabled persons have the same rights as other

people to take their proper place in society. They

should be able to live freely and as independently

as possible. This must be the concern of everyone

— the family, community and all government and

nongovernment organizations. Disabled persons'

rights

must

never

be

perceived

as

welfare

services by the Government.

c) The rehabilitation of the persons with disability

shall be the concern of the Government in order

to

foster

their

capacity

to

attain

a

more

meaningful,

productive

and satisfying life. To

reach out to a greater number of persons with

disability, the rehabilitation services and benefits

shall

be

expanded

beyond

the

traditional

urban-based

centers

to

community

based

programs, that will ensure full participation of

different sectors as supported by national and

local government agencies.

d) The State also recognizes the role of the private

sector in promoting the welfare of persons with

disability

and

shall

encourage partnership in

programs that address their needs and concerns.

e) To facilitate integration of persons with disability

into the mainstream of society, the State shall

advocate for and encourage respect for persons

with disability. The State shall exert all efforts to

remove

all

social,

cultural,

economic,

environmental and attitudinal barriers that are

prejudicial to persons with disability.

SECTION 3. Coverage . — This Act shall cover all

persons with disability and, to the extent herein provided,

departments,

offices

and

agencies

of

the

national

government or nongovernment organizations involved in

the attainment of the objectives of this Act.

SECTION 4. Definition of Terms . — For purposes of

this Act, these terms are defined as follows:

a)

Disabled

persons

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;

b) Impairment is any loss, diminution or aberration of

psychological,

physiological,

or

anatomical

structure or function;

c)

Disability

shall mean 1) a physical or mental

impairment that substantially limits one or more

psychological,

physiological

or

anatomical

function of an individual or activities of such

individual; 2) a record of such an impairment; or 3)

being regarded as having such an impairment;

d) Handicap refers to a disadvantage for a given

individual, resulting from an impairment or a

disability, that limits or prevents the function or

activity, that is considered normal given the age

and sex of the individual;

e)

Rehabilitation

is

an

integrated

approach

to

physical, social, cultural, spiritual, educational and

vocational measures that create conditions for

the individual to attain the highest possible level

of functional ability;

f)

Social

Barriers

refer

to

the

characteristics

of

institutions, whether legal, economic, cultural,

recreational

or

other,

any

human

group,

community, or society which limit the fullest

possible participation of persons with disability in

the

life of the group. Social barriers include

negative attitudes which tend to single out and

exclude persons with disability and which distort

roles and inter-personal relationships;

g) Auxiliary Aids and Services include:

1)

qualified

interpreters

or

other

effective

methods of delivering materials to individuals

with hearing impairments;

2) qualified readers, taped tests, or other effective

methods of delivering materials to individuals

with visual impairments;

3) acquisition or modification of equipment or

devices; and

4) other similar services and actions or all types of

aids and services that facilitate the learning

process of people with mental disability.

h)

Reasonable

Accommodation

include

1)

improvement

of

existing

facilities

used

by

employees

in

order

to

render

these

readily

accessible

to

and

usable

by

persons

with

disability; and 2) modification of work schedules,

reassignment to a vacant position, acquisition or

modification

of

equipment

or

devices,

appropriate

adjustments

or

modifications

of

examinations,

training

materials

or

company

policies, rules and regulations, the provision of

auxiliary

aids and services, and other similar

accommodations for persons with disability;

i) Sheltered Employment refers to the provision of

productive

work

for

persons

with

disability

© Compiled By RGL

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