Magna Carta for Persons with Disability

Section 45

The National Government shall take into consideration in its national shelter program the special housing requirements of persons with disability.

Section 46

(a) Local government units shall promote the establishment of organizations of persons with disabilities (PWDs) in their respective territorial jurisdictions. National agencies and local government units may enter into joint ventures with organizations or associations of PWDs to explore livelihood opportunities and other undertakings that shall enhance the health, physical fitness and the economic and social well-being of PWDs. (b) Local government units shall organize and establish the following: (1) Persons with Disability Affairs Office (PDAO) A PDAO shall be created in every province, city and municipality. The local chief executive shall appoint a PWD affairs officer who shall manage and oversee the operations of the office, pursuant to its mandate under this Act. Priority shall be given to qualified PWDs to head and man the said office in carrying out the following functions: (i) Formulate and implement policies, plans and programs for the promotion of the welfare of PWDs in coordination with concerned national and local government agencies; (ii) Coordinate the implementation of the provisions of this Act, Batas Pambansa Blg. 344, otherwise known as the Accessibility Law, and other relevant laws at the local level; (iii) Represent PWDs in meetings of local development councils and other special bodies; (iv) Recommend and enjoin the participation of nongovernment organizations (NGOs) and people's organizations (POs) in the implementation of all disability-related laws and policies; (v) Gather and compile relevant data on PWDs in their localities; (vi) Disseminate information including, but not limited to, programs and activities for PWDs, statistics on PWDs, including children with disability, and training and employment opportunities for PWDs; (vii) Submit reports to the office of the local chief executive on the implementation of programs and services for the promotion of the welfare of PWDs in their respective areas of jurisdiction; (viii) Ensure that the policies, plans and programs for the promotion of the welfare of PWDs are funded by both the national and local government; (ix) Monitor fundraising activities being conducted for the benefit of PWDs; (x) Seek donations in cash or in kind from local or foreign donors to implement an approved work plan for PWDs, in accordance with existing laws and regulations; and (xi) Perform such other functions as may be necessary for the promotion and protection of the welfare of the PWDs. (2) Focal person In consideration of budget restraints, local chief executives of fourth (4th), fifth (5th) and sixth (6th) class municipalities may, in lieu of the creation of a PDAO, designate a focal person who shall perform the functions of the PDAO. Priority in appointment should be given to a PWD with experience in providing services to PWDs. The establishment of a PDAO or the appointment of a focal person, as the case may be, should be done in consultation and coordination with the National Council on Disability Affairs (NCDA), NGOs and POs. (As amended by RA No. 10070, [April 6, 2010])

Section 47

Nongovernment organizations or private volunteer organizations dedicated to the purpose of promoting and enhancing the welfare of persons with disability shall, as they are hereby encouraged, become partners of the Government in the implementation of vocational rehabilitation measures and other related programs and projects. Accordingly, their participation in the implementation of said measures, programs and projects is to be extended all possible support by the government. The government shall sponsor a volunteer service program which shall harness the involvement of private individuals in the provision of assistance to persons with disability.

Section 48

a) Any donation, bequest, subsidy or financial aid which may be made to government agencies engaged in the rehabilitation of persons with disability and organizations of persons with disability shall be exempt from the donor's tax subject to the provisions of Section 94 of the National Internal Revenue Code (NIRC), as amended and shall be allowed as deductions from the donor's gross income for purposes of computing the taxable income subject to the provisions of Section 29 (h) of the Code. b) Donations from foreign countries shall be exempt from taxes and duties on importation subject to the provisions of Section 105 of the Tariff and Customs Code of the Philippines, as amended, Section 103 of the NIRC, as amended and other relevant laws and international agreements. c) Local manufacturing or technical aids and appliances used by persons with disability shall be considered as a preferred area of investment subject to the provisions of Executive Order No. 226 otherwise known as the "Omnibus Investments Code of 1987" and, as such, shall enjoy the rights, privileges and incentives as provided in said Code such as, but not limited, to the following: 1) repatriation of investments; 2) remittance of earnings; 3) remittance of payments on foreign contracts; 4) freedom from expropriations; 5) freedom from requisition of investment; 6) income tax holiday; 7) additional deduction for labor expense; 8) tax and duty exemption on imported capital equipment; 9) tax credit on domestic capital equipment; 10) exemption from contractor's tax; 11) simplification of customs procedures; 12) unrestricted use of consigned equipment; 13) employment of foreign nationals; 14) tax credit for taxes and duties on raw materials; 15) access to bonded manufacturing/traded warehouse system; 16) exemption from taxes and duties on imported spare parts; and 17) exemption from wharfage dues and any export tax, duty, impost and fee.

Section 49

Should any department or agency tasked with the enforcement or formulation of rules and regulations and guidelines for implementation of any provision of this Act is abolished, merged with another department or agency or modified, such shall not affect the enforcement or formulation of rules, regulations and guidelines for implementation of this Act to the effect that — a) In case of abolition, the department or agency established to replace the abolished department or agency shall take-over the functions under this Act of the abolished department or agency. b) In case the department or agency tasked with the enforcement or formulation of rules, regulations and guidelines for implementation of this Act is merged with another department or agency, the former shall continue the functions under this Act of the merged department or agency. c) In case of modification, the department or agency modified shall continue the functions under this Act of the department or agency that has undergone the modification.

Section 50

Enforcement by the Secretary of Justice. — a) Denial of Right 1) Duty to Investigate — the Secretary of Justice shall investigate alleged violations of this Act, and shall undertake periodic reviews of compliance of covered entities under this Act. b) Potential Violations — If the Secretary of Justice has reasonable cause to believe that — 1) any person or group of persons is engaged in a pattern or practice of discrimination under this Act; or 2) any person or group or persons has been discriminated against under this Act and such discrimination raises an issue of general public importance, the Secretary of Justice may commence a legal action in any appropriate court.

Section 51

The court may grant any equitable relief that such court considers to be appropriate, including, to the extent required by this Act: a) granting temporary, preliminary or permanent relief; b) providing an auxiliary aid or service, modification of policy, practice or procedure, or alternative method; and c) making facilities readily accessible to and usable by individuals with disabilities.

Section 52

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

Section 53

The amount necessary to carry out the provisions of this Act shall be included in the General Appropriations Act of the year following its enactment into law and thereafter.

Section 54

Should any provisions of this Act be found unconstitutional by a court of law, such provisions shall be severed from the remainder of the Act, and such action shall not affect the enforceability of the remaining provisions of this Act.

Section 55

All laws, presidential decrees, executive orders and rules and regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 56

This Act shall take effect fifteen (15) days after its publication in any two (2) newspapers of general circulation. Approved: March 24, 1992 Published in the Philippine Times Journal and Malaya on March 28, 1992. Published in the Official Gazette, Vol. 88 No. 18 page 2537 on May 4, 1992.