The Magna Carta for Persons with Disabilities, under Republic Act No. 7277 and its amendment RA 10754, stands as a significant piece of legislation in the Philippines, aiming to uplift and empower individuals with disabilities. Enacted to counter discrimination and promote equality, this law ensures that persons with disabilities (PWDs) are recognized as full-fledged members of society, deserving of the same rights and opportunities as everyone else. It covers a broad spectrum of aspects including education, employment, healthcare, accessibility, and social participation, thereby providing a framework for inclusion and empowerment.
Targeting Filipino citizens with disabilities, the program emphasizes the importance of inclusive growth by mandating benefits such as educational assistance, employment quotas, healthcare services, and improved accessibility in public infrastructure. Applicants seeking to avail these benefits must provide valid identification and secure a PWD ID issued by relevant authorities. Recent updates and success stories underscore the government’s ongoing commitment to this cause, with initiatives like online purchase discounts for PWDs and comprehensive health coverage ensuring that the rights and welfare of PWDs remain a focus. This framework not only promotes legal protection and societal inclusion but also encourages a culture of understanding and support, making it a foundation for advocacy and empowerment in the Filipino community.
Significance of the Magna Carta For Persons With Disabilities
The Magna Carta for Persons with Disabilities (Republic Act No. 7277), enacted in the Philippines in 1992, holds immense significance for society, marking a turning point in their journey towards equal rights and opportunities. Here’s why it’s considered a landmark:
Recognition of Rights: Prior to the Magna Carta, discrimination against these individuals was prevalent, with their basic rights often disregarded. This law officially recognized their inherent dignity and fundamental rights, establishing them as equal members of society with the same rights and privileges as non-disabled individuals.
Comprehensive Scope: The Magna Carta goes beyond mere recognition. It outlines a comprehensive framework for disability inclusion, encompassing various aspects of life:
- Education: Ensures equal access to quality education at all levels, catering to diverse needs through appropriate support and interventions.
- Employment: Prohibits discrimination in employment and mandates affirmative action measures to create equal opportunities.
- Accessibility: Requires the removal of physical, communication, and information barriers in public spaces and services, promoting independent living and participation.
- Healthcare: Guarantees access to affordable and quality healthcare services tailored to their specific needs.
- Rehabilitation: Provides access to rehabilitation programs and services to empower individuals to maximize their potential and achieve self-sufficiency.
- Social Participation: Promotes equal participation in cultural, recreational, and sporting activities, dismantling barriers and fostering social inclusion.
Legal Protection: The Magna Carta doesn’t just declare rights; it provides legal mechanisms for their enforcement. It empowers individuals to report and seek redress for discrimination, fostering a culture of accountability and justice.
Societal Shift: By enshrining these rights in law, the Magna Carta sparked a crucial shift in societal attitudes towards disability. It challenged negative stereotypes and fostered a more inclusive and understanding environment.
Continuing Impact: The Magna Carta remains a cornerstone of disability rights in the Philippines, prompting further legislation and initiatives to advance inclusion. It inspires ongoing advocacy efforts and serves as a model for other countries seeking to promote their rights.
Challenges / Criticisms
Legal Basis: Republic Act No. 10754
Republic Act No. 10754, known as the Magna Carta for Persons with Disabilities, is a legal framework that seeks to enhance the welfare of PWDs in the Philippines. This act provides comprehensive measures to ensure full and equal participation of this population group in society. RA 10754 expands the benefits and privileges of those in the sector, emphasizing inclusivity and equality.
The updated Joint Administrative Order for special discounts to Senior Citizens and Persons with Disability (PWD) is based on the Expanded Senior Citizens Act (RA 9994) and its amending laws (RAs 7432, 9257, and 10754), which allow for certain privileges for these groups. The Price Act (RA 7581), as amended by RA 10623, offers a new definition for basic necessities and prime commodities, ensuring clarity for discount applications. Additionally, the Electronic Commerce Act (RA 8792) confirms that electronic communications hold the same legal weight as traditional paper-based methods. These laws collectively support the revision of the order, which now incorporates considerations for inflation and exempts businesses registered under RA 9178 and cooperatives registered with the CDA.
Benefits Under RA 10754
The Magna Carta for PWDs under RA 10754 provides a host of benefits, including:
- 20% Discount and Value Added Tax Exemption: This allows beneficiaries to enjoy reduced prices on goods and services for their exclusive use, such as lodging, restaurants, resorts, medicines, and foods for special medical purposes.
- Educational Assistance: Beneficiaries are given access to scholarships and opportunities to pursue primary, secondary, tertiary, post-tertiary, as well as vocational or technical education.
- Employment Quota: At least 1% of all positions in government agencies and corporations must be reserved for this population group. Private corporations with over 100 employees are also encouraged to reserve a similar quota.
- Health Services: Beneficiaries are provided with national health programs for disability prevention, early diagnosis, intervention, and rehabilitation.
- Accessibility in Transport and Infrastructure: The law mandates public buildings and establishments to be accessible to the sector in question by installing facilities like ramps, non-skid flooring, and proper signages.
Program Components
The DSWD has structured the Magna Carta for PWDs into various components that cover:
- Accessibility Law Compliance: Ensuring public spaces are equipped with basic requirements for PWD mobility.
- Auxiliary Social Services: Offering services that aid these people in restoring their social functioning and community participation.
- Telecommunications: Guaranteeing that individuals receive the necessary support to communicate effectively, including access to assistive technologies.
- Civil and Political Rights: Protecting the right of this sector to participate in political processes, including the right to be assisted in voting during elections.
Eligibility / Qualifications
To be eligible for the benefits under RA 10754, an individual must be a Filipino citizen with a disability. The disability may be physical, sensory, intellectual, or a combination of these, which hinders their full and effective participation in society on an equal basis with others.
Requirements
Applicants will need to provide:
- A valid identification card issued by the city or municipal mayor or the barangay captain of the place where the applicant resides.
- The PWD ID card issued by the National Council on Disability Affairs (NCDA) or by the DSWD offices.
How to Claim Benefits for PWDs
- Secure a Medical Certificate: Obtain a medical certificate from a licensed private or government clinic/hospital as proof of disability.
- Apply for a PWD ID: Visit your local city or municipal social welfare office to apply for a PWD ID. Bring the medical certificate and other pertinent documents.
- Avail of Benefits: Once you have the PWD ID, you can avail of the discounts and benefits from establishments and services as stipulated in the act.
Success Stories / Recent Updates
DTI, DA, DOE Increase Senior Citizens and PWD Special Discounts on Basic Goods
The Department of Trade and Industry (DTI), together with the Department of Agriculture (DA) and Department of Energy (DOE), has signed a joint administrative order (JAO) to increase special discounts for senior citizens and persons with disabilities (PWDs) on basic necessities and prime commodities. The JAO raises the discount from PHP 65 to PHP 125 per week, with a new purchase cap of PHP 2,500. The order also allows online purchases, clarifies rules on representative purchases, and prohibits double discounts. (DTI)
The 2024 Revised Rules on granting special discounts to Senior Citizens and Persons with Disability (PWD) on the purchase of basic necessities and prime commodities reflect several updates. The discounts are separate from the existing 20% provided under RA9994 and RA10754. The Price Act, as amended by RA10623, now includes a new definition for basic necessities and prime commodities (BNPC). RA8792 assures the same legal weight to electronic and written communications regarding these discounts. Additionally, the order outlines that the special discounts need to be increased to accommodate for inflation. The scope of the order benefits Senior Citizens and PWDs, and it applies to all businesses selling BNPC except for those registered under RA9178 or the Barangay Micro Business Enterprises (BMBEs) Act of 2002 and cooperatives registered with the Cooperative Development Authority (CDA), which are exempt.
President Ferdinand Marcos Jr. Emphasizes the Importance of Education and Support for Visually Impaired and Special Needs Students
President Ferdinand Marcos Jr. highlights the significance of education and the provision of books and assistive equipment for visually impaired and special needs children and students. Recognizing the importance of inclusive education, President Marcos Jr. emphasizes the need to ensure equal opportunities for all learners, regardless of their abilities. By providing accessible learning materials and assistive devices, the government aims to empower visually impaired and special needs students, enabling them to thrive academically and reach their full potential. This commitment to inclusive education reflects the government’s dedication to creating an inclusive and equitable society for all.
New Guidelines Released for Coordination of Programs and Services for Persons With Disabilities
The National Council on Disability Affairs (NCDA), Department of Social Welfare and Development (DSWD), and the Department of the Interior and Local Government (DILG) have jointly released the Joint Memorandum Circular (JMC) No. 01, series of 2023. This circular provides guidelines on the coordination mechanism between the Persons With Disability Affairs Office (PDAO) and the Local Social Welfare And Development Office (LSWDO) in the implementation of programs and services for this sector.
With the implementation of the JMC, local government units (LGUs) now have the responsibility of handling vital services such as financial aid, assistive devices, and development programs for vulnerable individuals and persons with handicap. The aim of these new guidelines is to prevent duplication of efforts and improve service delivery by clarifying the roles and coordination between LSWDOs and PDAOs.
These changes took effect on October 07, 2023, and are expected to ensure better support within our communities. The coordination between the PDAOs and LSWDOs will help streamline services and provide more comprehensive assistance to those in need.
The Department of Social Welfare and Development (DSWD) has ratified a Joint Memorandum Circular (JMC) that grants senior citizens and persons with disabilities a 20% discount on their online purchases of essential goods and commodities. Signed on May 6, the JMC No. 1, Series of 2022, was a collaborative effort between the DSWD, Department of Trade and Industry, National Commission of Senior Citizens, National Council on Disability Affairs, Department of Health, Department of the Interior and Local Government, and Bureau of Internal Revenue. This JMC provides clear guidelines on how to avail the mandatory statutory benefits and privileges for senior citizens and PWDs when making purchases through online platforms, as well as phone calls or SMS. This initiative aims to ensure that seniors and those with handicap have equal access to essential goods and commodities, promoting inclusivity and supporting their well-being.
Video: PPRD signs law requiring PhilHealth coverage for all PWDs
President Ferdinand Marcos Jr. highlights the significance of education and the provision of books and assistive equipment for visually impaired and special needs children and students. Recognizing the importance of inclusive education, President Marcos Jr. emphasizes the need to ensure equal opportunities for all learners, regardless of their abilities. By providing accessible learning materials and assistive devices, the government aims to empower visually impaired and special needs students, enabling them to thrive academically and reach their full potential. This commitment to inclusive education reflects the government’s dedication to creating an inclusive and equitable society for all.
Conclusion
The DSWD’s implementation of RA 10754 is a significant step towards promoting the rights and welfare of PWDs in the Philippines. It is a landmark policy that ensures social inclusion, equal opportunities, and accessibility. By understanding the legal basis, available benefits, and the application process, PWDs and their families can better navigate and maximize these government-provided privileges. Let us all support and uphold the rights of this sector, thereby moving towards a more inclusive and compassionate society.