Socleg Laws

Republic Act No.
7279
"Urban Development and Housing Act of 1992"

AN ACT TO PROVIDE FOR A COMPREHENSIVE AND CONTINUING URBAN DEVELOPMENT
AND HOUSING PROGRAM, ESTABLISH THE MECHANISM FOR ITS IMPLEMENTATION,
AND FOR OTHER PURPOSES.
REPUBLIC ACT NO. 7279

AN ACT TO PROVIDE FOR A COMPREHENSIVE AND CONTINUING
URBAN DEVELOPMENT AND HOUSING PROGRAM, ESTABLISH
THE MECHANISM FOR ITS IMPLEMENTATION, AND FOR OTHER
PURPOSES.
ARTICLE I
TITLE, POLICY, PROGRAM AND DEFINITION OF TERMS
Section 1. Title. This Act shall be known as the "Urban
Development and Housing Act of 1992."
Sec. 2. Declaration of State Policy and Program Objectives. It
shall be the policy of the State to undertake, in cooperation with
the private sector, a comprehensive and continuing Urban
Development and Housing Program, hereinafter referred to as the
Program, which shall:
(a) Uplift the conditions of the underprivileged and homeless
citizens in urban areas and in resettlement areas by making
available to them decent housing at affordable cost, basic
services,
and
employment
opportunities;
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(b) Provide for the rational use and development of urban land in
order to bring about the following:
(1) Equitable utilization of residential lands in urban and
urbanizable areas with particular attention to the needs and
requirements of the underprivileged and homeless citizens and
not
merely
on
the
basis
of
market
forces;
(2) Optimization of the use and productivity of land and urban

resources;
(3) Development of urban areas conducive to commercial and

industrial activities which can generate more economic
opportunities for the people;
(4) Reduction in urban dysfunctions, particularly those that
adversely affect public health, safety and ecology; and
(5) Access to land and housing by the underprivileged and
homeless citizens;
(c) Adopt workable policies to regulate and direct urban growth
and expansion towards a dispersed urban net and more balanced
urban-rural interdependence;
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(d) Provide for an equitable land tenure system that shall

guarantee security of tenure to Program beneficiaries but shall
respect the rights of small property owners and ensure the
payment of just compensation;
(e) Encourage more effective people's participation in the urban

development process; and
(f) Improve the capability of local government units in
undertaking urban development and housing programs and
projects.
Sec. 3. Definition of Terms. For purposes of this Act:
(a) "Affordable cost" refers to the most reasonable price of land
and shelter based on the needs and financial capability of
Program beneficiaries and appropriate financing schemes;
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(b) "Areas for priority development" refers to those areas declared
as such under
issuances.
existing
statutes
and
pertinent
executive
(c) "Blighted lands" refers to the areas where the structures are
dilapidated, obsolete and unsanitary, tending to depreciate the
value of the land and prevent normal development and use of the
area.
(d) "Consultation" refers to the constitutionally mandated process
whereby the public, on their own or through people's
organizations, is provided an opportunity to be heard and to
participate in the decision-making process on matters involving
the protection and promotion of its legitimate collective interest,
which shall include appropriate documentation and feedback
mechanisms;
(e) "Idle lands" refers to non-agricultural lands urban and
urbanized areas on which no improvements, as herein defined,
have been made by the owner, as certified by the city, municipal
or provincial assessor;
(f) "Improvements" refers to all types of buildings and residential
units, walls, fences, structures or constructions of all kinds of a
fixed character or which are adhered to the soil but shall not
include trees, plants and growing fruits, and other fixtures that
are mere superimpositions on the land, and the value of
improvements shall not be less than fifty percent (50%) of the
assessed value of the property;
(g) "Joint venture" refers to the commitment or agreement by two
(2) or more persons to carry out a specific or single business
enterprise for their mutual benefit, for which purpose they
combine their funds, land resources, facilities and services;
(h) "Land assembly or consolidation" refers to the acquisition of
lots of varying ownership through purchase or expropriation of
the purpose of planned and rational development and socialized
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housing programs without individual property boundary

restrictions;
(i) "Land banking" refers to the acquisition of land at values based
on existing use in advance of actual need to promote planned
development and socialized housing programs;
(j) "Land swapping" refers to the process of land acquisition by
exchanging land for another piece of land of equal value, or for
shares of stock in a government or quasi-government corporation
whose book value is of equal value to the land being exchanged,
for the purpose of planned and rational development and
provision for socialized housing where land values are determined
based on land classification, market value and assessed value
taken from existing tax declarations: Provided, That more
valuable lands owned by private persons may be exchanged with
less valuable lands to carry out the objectives of this Act;
(k) "Land use plan" refers to the rational approach of allocating
available resources as equitably as possible among competing user
groups and for different functions consistent with the
development plan of the area and the Program under this Act;
(l) "On-site development" refers to the process of upgrading and
rehabilitation of blighted slum urban areas with a view of
minimizing displacement of dwellers in said areas, and with
provisions for basic services as provided for in Section 21 hereof;
(m) "Professional squatters" refers to individuals or groups who
occupy lands without the express consent of the landowner and
who have sufficient income for legitimate housing. The term shall
also apply to persons who have previously been awarded homelots
or housing units by the Government but who sold, leased or
transferred the same to settle illegally in the same place or in
another urban area, and non-bona fide occupants and intruders of
lands reserved for socialized housing. The term shall not apply to
individuals or groups who simply rent land and housing from

professional squatters or squatting syndicates;
(n) "Resettlement areas" refers to areas identified by the
appropriate national agency or by the local government unit with
respect to areas within its jurisdiction, which shall be used for
the relocation of the underprivileged and homeless citizens;
(o) "Security of tenure" refers to the degree of protection afforded
to qualified Program beneficiaries against infringement or unjust,
reasonable and arbitrary eviction or disposition, by virtue of the
right of ownership, lease agreement, usufruct and other
contractual arrangements;
(p) "Slum Improvement and Resettlement Program or SIR" refers
to the program of the National Housing Authority of upgrading
and improving blighted squatter areas outside of Metro Manila
pursuant to existing statutes and pertinent executive issuances;
(q) "Small property owners" refers to those whose only real
property consists of residential lands not exceeding three
hundred square meters (300 sq.m.) in highly urbanized cities and
eight hundred square meters (800 sq.m.) in other urban areas;
(r) "Socialized housing" refers to housing programs and projects
covering houses and lots or homelots only undertaken by the
Government or the private sector for the underprivileged and
homeless citizens which shall include sites and services
development, long-term financing, liberalized terms on interest
payments, and such other benefits in accordance with the
provisions of this Act;
(s) "Squatting syndicates" refers to groups of persons engaged in
the business of squatter housing for profit or gain;
(t) "Underprivileged and homeless citizens" refers to the
beneficiaries of this Act and to individuals or families residing in
urban and urbanizable areas whose income or combined
household income falls within the poverty threshold as defined by
the National Economic and Development Authority and who do

not own housing facilities. This shall include those who live in
makeshift dwelling units and do not enjoy security of tenure;
(u) "Unregistered or abandoned lands" refers to lands in urban and
urbanizable areas which are not registered with the Register of
Deeds, or with the city or municipal assessor's office concerned,
or which are uninhabited by the owner and have not been
developed or devoted for any useful purpose, or appears
unutilized for a period of three (3) consecutive years immediately
prior to the issuance and receipt of publication of notice of
acquisition by the Government as provided under this Act. It does
not include land which has been abandoned by reason of force
majeure or any other fortuitous event: Provided, That prior to
such event, such land was previously used for some useful or
economic purpose;
(v) "Urban areas" refers to all cities regardless of their population
density and to municipalities with a population density of at least
five hundred (500) persons per square kilometers;
(w) "Urbanizable areas" refers to sites and lands which,
considering present characteristics and prevailing conditions,
display marked and great potential of becoming urban areas
within the period of five (5) years; and
(x) "Zonal Improvement Program or ZIP" refers to the program of
the National Housing Authority of upgrading and improving
blighted squatters areas within the cities and municipalities of
Metro Manila pursuant to existing statutes and pertinent
executive issuances.
ARTICLE II
COVERAGE AND EXEMPTIONS
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Sec. 4. Coverage. The Program shall cover all lands in urban

and urbanizable areas, including existing areas for priority
development sites, and in other areas that may be identified by

the local government units as suitable for socialized housing.
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Sec. 5. Exemptions. The following lands shall be exempt from

the coverage of this Act:
(a) Those included in the coverage of Republic Act No. 6657,
otherwise known as the Comprehensive Agrarian Reform Law;
(b) Those actually used for national defense and security of the
State;
(c) Those used, reserved or otherwise set aside for government

offices, facilities and other installations, whether owned by the
National Government, its agencies and instrumentalities,
including government-owned or-controlled corporations, or by the
local government units: Provided, however, That the lands herein
mentioned, or portions thereof, which have not been used for the
purpose for which they have been reserved or set aside for the
past ten (10) years from the effectivity of this Act, shall be
covered by this Act;
(d) Those used or set aside for parks, reserves for flora and fauna,
forests and watersheds, and other areas necessary to maintain
ecological balance or environmental protection, as determined
and certified to by the proper government agency; and
(e) Those actually and primarily used for religious, charitable, or
educational purposes, cultural and historical sites, hospitals and
health centers, and cemeteries or memorial parks.
The exemptions herein provided shall not apply when the use or
purpose of the abovementioned lands has ceased to exist.
ARTICLE III
NATIONAL URBAN DEVELOPMENT AND HOUSING FRAMEWORK
Sec. 6. Framework for Rational Development. There shall be a

National Urban Development and Housing Framework to be
formulated by the Housing and Land Use Regulatory Board under
the direction of the Housing and Urban Development
Coordinating Council in coordination with all local government
units and other concerned public and private sectors within one
(1) year from the effectivity of this Act.
The framework shall refer to the comprehensive plan for urban

and urbanizable areas aimed at achieving the objectives of the
Program. In the formulation of the Framework, a review and
rationalization of testing town and land use plans, housing
programs, and all other objectives and activities of government
agencies and the private sectors which may substantially affect
urban land use patterns, transportation and public utilities,
infrastructure, environment and population movement shall be
undertaken with the concurrence of the local government units
concerned.
ARTICLE IV
LAND USE, INVENTORY, ACQUISITION AND DISPOSITION
Sec. 7. Inventory of Lands. Within one (1) year from the

effectivity of this Act, all city and municipal governments shall
conduct an inventory of all kinds and improvements thereon
within their respective localities. The inventory shall include the
following:
(a) Residential lands;

(b) Government-owned lands, whether owned by the National
Government or any of its subdivisions, instrumentalities, or
agencies, including government-owned or-controlled corporations
and their subsidiaries;
(c) Unregistered or abandoned and idle lands; and

(d)Other lands.
In conducting the inventory, the local government units

concerned, in coordination with the Housing and Land Use
Regulatory Board and with the assistance of the appropriate
government agencies, shall indicate the type of land use and the
degree of land utilization, and other data or information
necessary to carry out the purposes of this Act.
For planning purposes, the Housing and Urban Development

Coordinating Council shall be furnished by each local government
unit a copy of its inventory which shall be updated every three (3)
years.
Sec. 8. Identification of Sites for Socialized Housing. After the

inventory the local government units, in coordination with the
National Housing Authority, the Housing and Land Use Regulatory
Board, the National Mapping Resource Information Authority, and
the Land Management Bureau, shall identify lands for socialized
housing and resettlement areas for the immediate and future
needs of the underprivileged and homeless in the urban areas,
taking into consideration and degree of availability of basic
services and facilities, their accessibility and proximity of jobs

sites and other economic opportunities, and the actual number of
registered beneficiaries.
Government-owned lands under paragraph (b) of the preceding
section which have not been used for the purpose for which they
have been reserved or set aside for the past ten (10) years from
the effectivity of this Act and identified as suitable for socialized
housing, shall immediately be transferred to the National Housing
Authority subject to the approval of the President of the
Philippines or by the local government unit concerned, as the
case may be, for proper disposition in accordance with this Act.
Sec. 9. Priorities in the Acquisition of Land. Lands for
socialized housing shall be acquired in the following order:
(a) Those owned by the Government or any of its subdivisions,
instrumentalities, or agencies, including government-owned or
-controlled corporations and their subsidiaries;
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(b) Alienable lands of the public domain;

(c) Unregistered or abandoned and idle lands;

(d) Those within the declared Areas for Priority Development,
Zonal Improvement Program sites, and Slum Improvement and
Resettlement Program sites which have not yet been acquired;
(e) Bagong Lipunan Improvement of Sites and Services or BLISS
sites which have not yet been acquired; and
(f) Privately-owned lands.
Where open-site development is found more practicable and
advantageous to the beneficiaries, the priorities mentioned in
this section shall not apply. The local government units shall give
budgetary priority to on-site development of government lands.
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Sec. 10. Modes of Land Acquisition. The modes of acquiring

lands for purposes of this Act shall include, among others,
community mortgage, land swapping, land assembly or
consolidation, land banking, donation to the Government, jointventure agreement, negotiated purchase, and expropriation:
Provided, however, That expropriation shall be resorted to only
when other models of acquisition have been exhausted: Provided,
further, That where expropriation is resorted to, parcels of land
owned by small property owners shall be exempted for purposes of
this Act: Provided, finally, That abandoned property, as herein
defined, shall be reverted and escheated to the State in a
proceeding analogous to the procedure laid down in Rule 91 of
the Rules of Court.
For the purpose of socialized housing, government-owned and

foreclosed properties shall be acquired by the local government
units, or by the National Housing Authority primary through
negotiated purchase: Provided, That qualified beneficiaries who
are actual occupants of the land shall be given the right of first
refusal.
Sec. 11. Expropriation of Idle Lands. All idle lands in urban
and urbanizable areas, as defined and identified in accordance
with this Act, shall be expropriated and shall form part of the
public domain. These lands shall be disposed of or utilized by the
Government for such purposes that conform with their land use
plans. Expropriation proceedings shall be instituted if, after the
lapse of one (1) year following receipt of notice of acquisition, the
owner fails to introduce improvements as defined in Section 3(f)
hereof, except in the case of force majeure and other fortuitous
events. Exempted from this provision, however, are residential
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lands owned by small property owners or those the ownership of

which is subject of a pending litigation.
Sec. 12. Disposition of Lands for Socialized Housing. The
National Housing Authority, with respect to lands belonging to
the National Government, and the local government units with
respect to other lands within their respective localities, shall
coordinate with each other to formulate and make available
various alternative schemes for the disposition of lands to the
beneficiaries of the Program. These schemes shall not be limited
to those involving transfer of ownership in fee simple but shall
include lease, with option to purchase, usufruct or such other
variations as the local government units or the National Housing
Authority may deem most expedient in carrying out the purposes
of this Act.
Consistent with this provision, a scheme for public rental housing
may be adopted.
Sec. 13. Valuation of Lands for Socialized Housing. Equitable
land valuation guidelines for socialized housing shall be set by the
Department of Finance on the basis of the market value reflected
in the Zonal valuation, or in its absence, on the latest real
property tax declaration.
For site already occupied by qualified Program beneficiaries, the
Department of Finance shall factor into the valuation the
blighted status of the lands as certified by the local government
unit or the National Housing Authority.
Sec. 14. Limitations on the Disposition of Lands for Socialized
Housing. No land for socialized housing, including
improvements or rights thereon, shall be sold, alienated,
conveyed, encumbered or leased by any beneficiaries as
determined by the government agency concerned.
Should the beneficiary unlawfully sell, transfer, or otherwise
dispose of his lot or any right thereon, the transaction shall be
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null and void. He shall also lose his right to the land, forfeit the
total amortization paid thereon, and shall be barred from the
benefits under this Act for a period of ten (10) years from the date
of violation.
In the event the beneficiary dies before full ownership of the land
is vested on him, transfer to his heirs shall take place only upon
their assumption of his outstanding obligations. In case of failure
by the heirs to assume such obligations, the land shall revert to
the Government for disposition in accordance with this Act.
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ARTICLE V
SOCIALIZED HOUSING
Sec. 15. Policy. Socialized housing, as defined in Section 3

hereof, shall be the primary strategy in providing shelter for the
underprivileged and homeless. However, if the tenurial
arrangement in a particular socialized housing program is in the
nature of leasehold or usufruct, the same shall be transitory and
the beneficiaries must be encouraged to become independent
from the Program within a given period of time, to be determined
by the implementing agency concerned.
Sec. 16. Eligibility Criteria for Socialized Housing Program

Beneficiaries. To qualify for the socialized housing program, a
beneficiary:
(a) Must be a Filipino citizen;
(b) Must be an underprivileged and homeless citizen, as defined in

Section 3 of this Act;
(c) Must not own any real property whether in the urban or rural
areas; and
(d) Must not be a professional squatter or a member of squatting
syndicates.
Sec. 17. Registration of Socializing Housing Beneficiaries. The
Housing and Urban Development Coordinating Council, in
coordination with the local government units, shall designed a
system for the registration of qualified Program beneficiaries in
accordance with the Framework. The local government units,
within one (1) year from the effectivity of this Act, shall identify
and register all beneficiaries within their respective localities.
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Sec. 18. Balanced Housing Development. The Program shall

include a system to be specified in the Framework plan whereby
developers of proposed subdivision projects shall be required to
develop an area for socialized housing equivalent to at least
twenty percent (20%) of the total subdivision area or total
subdivision project cost, at the option of the developer, within
the same city or municipality, whenever feasible, and in
accordance with the standards set by the Housing and Land Use
Regulatory Board and other existing laws. The balanced housing
development as herein required may also be complied with by the
developers concerned in any of the following manner:
(a) Development
of
new
settlement;
(b) Slum upgrading or renewal of areas for priority development

either
through
zonal
improvement
programs
or
slum
improvement and resettlement programs;
(c) Joint-venture projects with either the local government units

or any of the housing agencies; or
(d) Participation in the community mortgage program.

Sec. 19. Incentives for the National Housing Authority. The
National Housing Authority, being the primary government
agency in charge of providing housing for the underprivileged and
homeless, shall be exempted from the payment of all fees and
charges of any kinds, whether local or national, such as income
and real taxes. All documents or contracts executed by and in
favor of the National Housing Authority shall also be exempt from
the payment of documentary stamp tax and registration fees,
including fees required for the issuance of transfer certificates of
titles.
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Sec. 20. Incentives for Private Sector Participating in Socialized

Housing. To encourage greater private sector participation in
socialized housing and further reduce the cost of housing units
for the benefit of the underprivileged and homeless, the following
incentives shall be extended to the private sectors:
(a) Reduction and simplification of qualification and accreditation
requirements for participating private developers;
(b) Creation of one-stop offices in the different regions of the

country for the processing, approval and issuance of clearances,
permits and licenses: Provided, That clearances, permits and
licenses shall be issued within ninety (90) days from the date of
submission of all requirements by the participating private
developers;
(c) Simplification of financing procedures; and

(d) Exemption from the payment of the following:
(1) Project-related income taxes;
(2) Capital gains tax on raw lands used for the project;
(3) Value-added tax for the project contractor concerned;

(4) Transfer tax for both raw completed projects; and
(5) Donor's tax for lands certified by the local government units to
have been donated to socialized housing purposes.
Provided, That upon application for exemption, a lien on the title
of the land shall be annotated by the Register of Deeds: Provided,
further, That the socialized housing development plan has already
been approved by the appropriate government agencies
concerned: Provided, finally, That all the savings acquired by
virtue of this provision shall accrue in favor of the beneficiaries
subject to the implementing guidelines to be issued by the
Housing and Urban Development Coordinating Council.
Appropriate implementing guidelines shall be prepared by the

Department of Finance, in consultation with the Housing and
Urban Development Coordinating Council, for the proper
implementation of the tax exemption mentioned in this section
within one (1) year after the approval of this Act.
Property owners who voluntarily provide resettlement sites to

illegal occupants of their lands shall entitled to a tax credit
equivalent to the actual non-recoverable expenses incurred in the
resettlement, subject to the implementing guidelines jointly
issued by the Housing and Urban Development Coordinating
Council and the Department of Finance.
Sec. 21. Basic Services. Socialized housing or resettlement
areas shall be provided by the local government unit or the
National Housing Authority in cooperation with the private
developers and concerned agencies with the following basic

services and facilities:
(a) Potable water;
(b) Power and electricity and an adequate power distribution

system;
(c) Sewerage facilities and an efficient and adequate solid waste

disposal system; and
(d)Access to primary roads and transportation facilities.
The provisions of other basic services and facilities such as
health, education, communications, security, recreation, relief
and welfare shall be planned and shall be given priority for
implementation by the local government unit and concerned
agencies in cooperation with the private sector and the
beneficiaries themselves.
The local government unit, in coordination with the concerned

national agencies, shall ensure that these basic services are
provided at the most cost-efficient rates, and shall set as
mechanism to coordinate operationally the thrusts, objectives
and activities of other government agencies concerned with
providing basic services to housing projects.
Sec. 22. Livelihood Component. To extent feasible, socialized

housing and resettlement projects shall be located near areas
where employment opportunities are accessible. The government
agencies dealing with the development of livelihood programs and
grant of livelihood loans shall give priority to the beneficiaries of

the Program.
Sec. 23. Participation of Beneficiaries. The local government
units, in coordination with the Presidential Commission for the
Urban Poor and concerned government agencies, shall afford
Program beneficiaries or their duly designated representatives an
opportunity to be heard and to participate in the decision-making
process over matters involving the protection and promotion of
their legitimate collective interest which shall include
appropriate documentation and feedback mechanisms. They shall
also be encouraged to organize themselves and undertake selfhelp cooperative housing and other livelihood activities. They
shall assist the Government in preventing the incursions of
professional squatters and members of squatting syndicates into
their communities.
In instances when the affected beneficiaries have failed to
organized themselves or form an alliance within a reasonable
period prior to the implementation of the program of projects
affecting them, consultation between the implementing agency
and the affected beneficiaries shall be conducted with the
assistance of the Presidential Commission for the Urban Poor and
the concerned nongovernment organization.
Sec. 24. Consultation with Private Sector. Opportunities for
adequate consultation shall be accorded to the private sector
involved in socialized housing project pursuant to this Act.
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ARTICLE VI
AREAS FOR PRIORITY DEVELOPMENT, ZONAL IMPROVEMENT
PROGRAM SITES AND SLUM IMPROVEMENT AND
RESETTLEMENT PROGRAMS SITES
Sec. 25. Benefits. In addition to the benefits provided under

existing laws and other related issuance to occupants of areas for
priority development, zonal improvement program sites and slum
improvement and resettlement program sites, such occupants
shall be entitled to priority in all government projects initiated
pursuant to this Act. They shall also be entitled to the following
support services:
(a) Land surveys and titling at minimal cost;
(b) Liberalized terms on credit facilities and housing loans and

one hundred percent (100%) deduction from every homebuyer's
gross income tax of all interest payments made on documents
loans incurred for the construction or purchase of the
homebuyer's
house;
(c) Exemption from the payment of documentary stamp tax,

registration fees, and other fees for the issuance of transfer
certificate of titles;
(d) Basic services as provided for in Section 21 of this Act; and
(e) Such other benefits that may arise from the implementation of
this Act.
ARTICLE VII
URBAN RENEWAL AND RESETTLEMENT
Sec. 26. Urban Renewal and Resettlement. This shall include

the rehabilitation and development of blighted and slum areas
and the resettlement of Program beneficiaries in accordance with
the provisions of this Act. On-site development shall be
implemented whenever possible in order to ensure minimum
resettlement of the beneficiaries of the Program from their
existing places of occupancy shall be undertaken only when on-
site development is not feasible and after compliance with the

procedures
laid
down
in
Section
28
of
this
Act.
Sec. 27. Action Against Professional Squatters and Squatting

Syndicates. The local government units, in cooperation with
the Philippine National Police, the Presidential Commission for
the Urban Poor (PCUP), and the PCUP-accredited urban poor
organization in the area, shall adopt measures to identify and
effectively curtail the nefarious and illegal activities of
professional squatters and squatting syndicates, as herein
defined.
Any person or group identified as such shall be summarily evicted

and their dwellings or structures demolished, and shall be
disqualified to avail of the benefits of the Program. A public
official who tolerates or abets the commission of the
abovementioned acts shall be dealt with in accordance with
existing laws.
For purposes of this Act, professional squatters or members of
squatting syndicates shall be imposed the penalty of six (6) years
imprisonment of a fine of not less than Sixty thousand pesos
(P60,000.00) but not more than One hundred thousand pesos
(P100,000), or both, at the discretion of the court.
Sec. 28. Eviction and Demolition. Eviction or demolition as a
practice shall be discouraged. Eviction or demolition, however,
may be allowed under the following situations:
(a) When persons or entities occupy danger areas such as esteros,
railroad
tracks,
garbage
dumps,
riverbanks,
shorelines,
waterways, and other public places such as sidewalks, roads,
parks, and playgrounds;
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(b) When government infrastructure projects

funding are about to be implemented; or
with
available
(c) When there is a court order for eviction and demolition.
In the execution of eviction or demolition orders involving

underprivileged and homeless citizens, the following shall be
mandatory:
(1) Notice upon the effected persons or entities at least thirty (30)
days prior to the date of eviction or demolition;
(2) Adequate consultations on the matter of settlement with the

duly designated representatives of the families to be resettled and
the affected communities in the areas where they are to be
relocated;
(3) Presence of local government officials or their representatives

during eviction or demolition;
(4) Proper identification of all persons taking part in the
demolition;
(5) Execution of eviction or demolition only during regular office
hours from Mondays to Fridays and during good weather, unless
the affected families consent otherwise;
(6) No use of heavy equipment for demolition except for
structures that are permanent and of concrete materials;
(7) Proper uniforms for members of the Philippine National Police
who shall occupy the first line of law enforcement and observe
proper disturbance control procedures; and
(8) Adequate relocation, whether temporary or permanent:
Provided, however, That in cases of eviction and demolition
pursuant to a court order involving underprivileged and homeless
citizens, relocation shall be undertaken by the local government

unit concerned and the National Housing Authority with the
assistance of other government agencies within forty-five (45)
days from service of notice of final judgment by the court, after
which period the said order shall be executed: Provided, further,
That should relocation not be possible within the said period,
financial assistance in the amount equivalent to the prevailing
minimum daily wage multiplied by sixty (60) days shall be
extended to the affected families by the local government unit
concerned.
This Department of the Interior and Local Government and the
Housing and Urban Development Coordinating Council shall
jointly promulgate the necessary rules and regulations to carry
out the above provision.
Sec. 29. Resettlement. Within two (2) years from the

effectivity of this Act, the local government units, in
coordination with the National Housing Authority, shall
implement the relocation and resettlement of persons living in
danger areas such as esteros, railroad tracks, garbage dumps,
riverbanks, shorelines, waterways, and in other public places as
sidewalks, roads, parks, and playgrounds. The local government
unit, in coordination with the National Housing Authority, shall
provide relocation or resettlement sites with basic services and
facilities and access to employment and livelihood opportunities
sufficient to meet the basic needs of the affected families.
Sec. 30. Prohibition Against New Illegal Structures. It shall be

unlawful for any person to construct any structure in areas
mentioned in the preceding section.
After the effectivity of this Act, the barangay, municipal or city

government units shall prevent the construction of any kind of
illegal dwelling units of structures within their respective
localities. The head of any local government unit concerned who
allows, abets or otherwise tolerates the construction of any
structure in violation of this section shall be liable to
administrative sanctions under existing laws and to penal
sanctions
provided
for
in
this
Act.
ARTICLE VIII
COMMUNITY MORTGAGE PROGRAM
Sec. 31. Definition. The Community Mortgage Program (CMP)

is a mortgage financing program of the National Home Mortgage
Finance Corporation which assists legally organized associations
of underprivileged and homeless citizens to purchase and develop
a tract of land under the concept of community ownership. The
primary objective of the program is to assist residents of blighted
or depressed areas to own the lots they occupy, or where they
choose to relocate to, and eventually improve their neighborhood
and homes to the extent of their affordability.
Sec. 32. Incentives. To encourage its wider implementation,

participants in the CMP shall be granted with the following
privileges or incentives:
(a) Government-owned or -controlled corporations and local
government units, may dispose of their idle lands suitable for
socialized housing under the CMP through negotiable sale at
prices based on acquisition cost plus financial carrying costs;
(b) Properties sold under the CMP shall be exempted from the
capital gains tax; and
(c) Beneficiaries under the CMP shall not be evicted nor

dispossessed of their lands or improvements unless they have
incurred arrangements in payments of amortizations for three (3)
months.
Sec. 33. Organization of Beneficiaries. Beneficiaries of the

Program shall be responsible for their organization into
associations to manage their subdivisions or places of residence,
to secure housing loans under existing Community Mortgage
Program and such other projects beneficiaries to them. Subject to
such rules and regulations to be promulgated by the National
Home Mortgage Finance Corporation, associations organized
pursuant to this Act may collectively acquire and own lands
covered by this Program. Where the beneficiaries fail to form an
association by and among themselves, the National Home
Mortgage Finance Corporation shall initiate the organization of
the same in coordination with the Presidential Commission for
the Urban Poor and the local government units concerned. No
person who is not a bona fide resident of the area shall be a
member or officer of such association.
ARTICLE IX
RELATED STRATEGIES
Sec.
34. Promotion of Indigenous Housing Materials and
Technologies. The local government units, in cooperation with
the National Housing Authority, Technology and Livelihood
Resource Center, and other concerned agencies, shall promote
the production and use of indigenous, alternative, and low-cost

construction materials and technologies for socialized housing.
Sec. 35. Transport System. The local government units, in

coordination with the Departments of Transportation and
Communications, Budget and Management, Trade and Industry,
Finance, and Public Works and Highways, the Home Insurance
Guaranty Corporation, and other concerned government agencies,
shall device a set of mechanisms including incentives to the
private sector so that a viable transport system shall evolve and
develop in the urban areas. It shall also formulate standards
designed to attain these objectives:
(a) Smooth flow of traffic;
(b) Safety and convenience of travel;

(c) Minimum use of land space;

(d) Minimum damage to the physical environment; and
(e) Adequate and efficient transport service to the people and
goods at minimum cost.
Sec. 36. Ecological Balance. The local government units shall
coordinate with the Department of Environment and Natural
Resources in taking measures that will plan and regulate urban
activities for the conservation and protection of vital, unique and
sensitive ecosystems, scenic landscapes, cultural sites and other
similar resource areas.
To make the implementation of this function more effective, the

active participation of the citizenry in environmental
rehabilitation and in decision-making process shall be promoted
and encouraged. The local government units shall recommend to
the Environmental and Management Bureau the immediate
closure of factories, mines and transport companies which are
found to be causing massive pollution.
Sec. 37. Population Movements. The local government units
shall set up an effective mechanism, together with the
appropriate agencies like the Population Commission, the
National Economic and Development Authority and the National
Statistics Office, to monitor trends in the movements of
population from rural to urban, urban to urban, and urban to rural
areas. They shall identify measures by which such movements
can be influenced to achieve balance between urban capabilities
and population, to direct appropriate segments of the population
into areas where they can have access to opportunities to
improve their lives and to contribute to national growth and
recommend proposed legislation to Congress, if necessary.
The Population Commission, the National Economic and
Development Authority, and the National Statistics Office shall
likewise provided advanced planning information to national and
local government planners on population projections and the
consequent level of services needed in particular urban and
urbanizable areas. This service will include early-warning systems
on expected dysfunctions in a particular urban area due to
population increases, decreases, or age structure changes.
Sec. 38. Urban-rural Interdependence. To minimize rural to
urban migration and pursue urban decentralization, the local
government units shall coordinate with the National Economic
and Development Authority and other government agencies in
the formulation of national development programs that will
cralaw
stimulate economic
development
growth
in
and
promote
the
socioeconomic
countryside.
ARTICLE X
PROGRAM IMPLEMENTATION
Sec. 39. Role of Local Government Units. The local

government units shall be charged with the implementation of
this Act in their respective localities, in coordination with the
Housing and Urban Development Coordinating Council, the
national housing agencies, the Presidential Commission for the
Urban Poor, the private sector and other nongovernment
organizations.
They shall prepare a comprehensive land use plan for their

respective localities in accordance with the provisions of this
Act.
Sec. 40. Role of Government Housing Agencies. In addition to
their respective existing powers and functions, and those
provided for in this Act, the hereunder mentioned housing
agencies shall perform the following:
(a) The Housing and Urban Development Coordinating Council
shall, through the key housing agencies, provide local
government units with necessary support such as:
(1) Formulation of standards and guidelines as well as providing
technical support in the preparation of town and land use plans;
(2) In coordination with the National Economic and Development

Authority and the National Statistics Office, provide data and
information for forward-planning by the local government units in
their areas, particularly on projections as to the population and
development trends in their localities and the corresponding
investment programs needed to provide appropriate types and

levels of infrastructure, utilities, services and land use patterns;
and
(3) Assistance in obtaining funds and other resources needed in

the urban development and housing programs in their areas of
responsibility.
(b) The National Housing Authority, upon request of local
government units, shall provide technical and other forms of
assistance in the implementation of their respective urban
development and housing programs with the objective of
augmenting and enhancing local government capabilities in the
provision of housing benefits to their constituents;
(c) The National Home Mortgage Finance Corporation shall

administer the Community Mortgage Program under this Act and
promulgate rules and regulations necessary to carry out the
provisions of this Act; and
(d) The Home Insurance Guaranty Corporation shall design an

appropriate guarantee scheme to encourage financial institutions
to go into direct lending for housing.
Sec. 41. Annual Report. The Housing and Urban Development

Coordinating Council and the local government units shall submit
a detailed annual report with respect to the implementation of
this Act to the President and the Congress of the Republic of the
Philippines.
ARTICLE XI
FUNDING
Sec. 42. Funding. Funds for the urban development and

housing program shall come from the following sources:
(a) A minimum of fifty percent (50%) from the annual net income
of the Public Estate Authority, to be used by the National Housing
Authority to carry out its programs of land acquisition for
resettlement purposes under this Act;
(b) Proceeds from the disposition of ill-gotten wealth, not

otherwise previously set aside for any other purpose, shall be
applied to the implementation of this Act shall be administered
by the National Home Mortgage Finance Corporation;
(c) Loans, grants, bequests and donations, whether from local or

foreign sources;
(d) Flotation of bonds, subject to the guidelines to be set by the
Monetary Board;
(e) Proceeds from the social housing tax and, subject to the
concurrence of the local government units concerned, idle lands
tax as provided in Section 236 of the Local Government Code of
1991 and other existing laws;
(f) Proceeds from the date or disposition of alienable public lands
in urban areas; and
(g) Domestic and foreign investment or financing through
appropriate arrangements like the build-operate-and-transfer
scheme.
Sec. 43. Socialized Housing Tax. Consistent with the
constitutional principle that the ownership and enjoyment of
property bear a social function and to raise funds for the
Program, all local government units are hereby authorized to
impose an additional one-half percent (0.5%) tax on the assessed
value of all lands in urban areas in excess of Fifty thousand pesos

(P50,000).
ARTICLE XII
TRANSITORY PROVISIONS
Sec. 44. Moratorium on Eviction and Demolition. There shall

be a moratorium on the eviction of all program beneficiaries and
on the demolition of their houses or dwelling units for a period of
three (3) years from the effectivity of this Act: Provided, That the
moratorium shall not apply to those persons who have
constructed their structures after the effectivity of this Act and
for cases enumerated in Section 28 hereof.
ARTICLE XIII
COMMON PROVISIONS
Sec. 45. Penalty Clause. Any person who violates any provision
of this Act shall be imposed the penalty of not more than six (6)
years of imprisonment or a fine of not less than Five thousand
pesos (P5,000) but not more than One hundred thousand pesos
(P100,000), or both, at the discretion of the court: Provided, That,
if the offender is a corporation, partnership, association or other
juridical entity, the penalty shall be imposed on the officer or
officers of said corporation, partnership, association or juridical
entity who caused the violation.
Sec. 46. Appropriations. The amount necessary to carry out

the purposes of this Act shall be included in the annual budget of
implementing agencies in the General Appropriations Act of the

year following its enactment into law and every year thereafter.
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Sec. 47. Separability Clause. If for any reason, any provision of

this Act shall be included in the annual budget of implementing
agencies in the General Appropriations Act of the year following
its enactment into law and every year thereafter.
Sec. 48. Repealing Clause. All laws, decrees, executive orders,
proclamations, rules and regulations, and other issuances, or
parts thereof which are inconsistent with the provisions of this
Act, are hereby repealed or modified accordingly.
Sec. 49. Effectivity Clause. This Act shall take effect upon its
publication in at least two (2) national newspapers of general
circulation.
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Approved: March 24, 1992
REPUBLIC ACT NO. 9994

AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR
CITIZENS, FURTHER AMENDING REPUBLIC ACT NO. 7432, AS AMENDED,
OTHERWISE KNOWN AS AN ACT TO MAXIMIZE THE CONTRIBUTION OF
SENIOR CITIZENS TO NATION BUILDING, GRANT BENEFITS AND SPECIAL
PRIVILEGES AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
Section 1. Title. This Act Shall be known as the Expanded Senior Citizens Act of
2010.
Sec. 2. Section 1 of Republic Act No. 7432, as amended by Republic Act No. 9257,
otherwise known as the Expanded Senior Citizens Act of 2003, is hereby further
amended to read as follows:
SECTION 1. Declaration of Policies and Objectives. As provided in the Constitution of
the Republic of the Philippines, it is the declared policy of the State to promote a just
and dynamic social order that will ensure the prosperity and independence of the nation
and free the people from poverty through policies that provide adequate social services,
promote full employment, a rising standard of living and an improved quality of life. In
the Declaration of Principles and State Policies in Article II, Sections 10 and 11, it is
further declared that the State shall provide social justice in all phases of national
development and that the State values the dignity of every human person and
guarantees full respect for human rights.
Article XIII, Section 11 of the Constitution provides that the State shall adopt an
integrated and comprehensive approach to health development which shall endeavor to
make essential goods, health and other social services available to all the people at
affordable cost. There shall be priority for the needs of the underprivileged, sick, elderly,
disabled, women and children. Article XV, Section 4 of the Constitution Further declares
that it is the duty of the family to take care of its elderly members while the State may
design programs of social security for them.
Consistent with these constitutional principles, this Act shall serve the following
objectives:
(a) To recognize the rights of senior citizens to take their proper place in society and
make it a concern of the family, community, and government;
(b) To give full support to the improvement of the total well-being of the elderly and their
full participation in society, considering that senior citizens are integral part of Philippine
society;
(c) To motivate and encourage the senior citizens to contribute to nation building;
(d) To encourage their families and the communities they live with to reaffirm the valued
Filipino tradition of caring for the senior citizens;
(e) To provide a comprehensive health care and rehabilitation system for disabled
senior citizens to foster their capacity to attain a more meaningful and productive
ageing; and
(f) To recognize the important role of the private sector in the improvement of the
welfare of senior citizens and to actively seek their partnership.
In accordance with these objectives, this Act shall:
(1) establish mechanisms whereby the contributions of the senior citizens are
maximized;
(2) adopt measures whereby our senior citizens are assisted and appreciated by the
community as a whole;
(3) establish a program beneficial to the senior citizens, their families and the rest of
the community they serve: and
(4) establish community-based health and rehabilitation programs for senior citizens in
every political unit of society.
Sec. 3. Section 2 of Republic Act No. 7432, as amended by Republic Act No. 9257,
SEC. 2. Definition of terms. For purposes of this Act, these terms are defined as
follows:
(a) Senior citizen or elderly refers to any resident citizen of the Philippines at least sixty
(60) years old;
(b) Geriatrics refer to the branch of medical science devoted to the study of the
biological and physical changes and the diseases of old age;
(c) Lodging establishment refers to a building, edifice, structure, apartment or house
including tourist inn, apartelle, motorist hotel, and pension house engaged in catering,
leasing or providing facilities to transients, tourists or travelers;
(d) Medical Services refer to hospital services, professional services of physicians and
other health care professionals and diagnostics and laboratory tests that the necessary
for the diagnosis or treatment of an illness or injury;
(e) Dental services 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 or treatment of an illness or injury;
(f) Nearest surviving relative refers to the legal spouse who survives the deceased
senior citizen: Provided, That where no spouse survives the decedent, this shall be
limited to relatives in the following order of degree of kinship: children, parents, siblings,
grandparents, grandchildren, uncles and aunts;
(g) Home health care service refers to health or supportive care provided to the senior
citizen patient at home by licensed health care professionals to include, but not limited
to, physicians, nurses, midwives, physical therapist and caregivers; and
(h) Indigent senior citizen, refers to any elderly who is frail, sickly or with disability, and
without pension or permanent source of income, compensation or financial assistance
from his/her relatives to support his/her basic needs, as determined by the Department
of Social Welfare and development (DSWD) in consultation with the National
Coordinating and Monitoring Board.
Sec. 4 Section 4 of Republic Act No. 7432, as amended by Republic Act No. 9257,
SEC. 4. Privileges for the Senior Citizens.
The senior citizens shall be entitled to the following:
(a) the grant of twenty percent (20%) discount and exemption from the value -added
tax (VAT), if applicable, on the sale of the following goods and services from all
establishments, for the exclusive use and enjoyment or availment of the senior citizen
(1) on the purchase of medicines, including the purchase of influenza and
pnuemococcal vaccines, and such other essential medical supplies, accessories and
equipment to be determined by the Department of Health (DOH).
The DOH shall establish guidelines and mechanism of compulsory rebates in the
sharing of burden of discounts among retailers, manufacturers and distributors, taking
into consideration their respective margins;
(2) on the professional fees of attending physician/s in all private hospitals, medical
facilities, outpatient clinics and home health care services;
(3) on the professional fees of licensed professional health providing home health care
services as endorsed by private hospitals or employed through home health care
employment agencies;
(4) on medical and dental services, diagnostic and laboratory fees in all private
hospitals, medical facilities, outpatient clinics, and home health care services, in
accordance with the rules and regulations to be issued by the DOH, in coordination with
the Philippine Health Insurance Corporation (PhilHealth);
(5) in actual fare for land transportation travel in public utility buses (PUBs), public utility
jeepneys (PUJs), taxis, Asian utility vehicles (AUVs), shuttle services and public
railways, including Light Rail Transit (LRT), Mass Rail Transit (MRT), and Philippine
National Railways (PNR);
(6) in actual transportation fare for domestic air transport services and sea shipping
vessels and the like, based on the actual fare and advanced booking;
(7) on the utilization of services in hotels and similar lodging establishments,
restaurants and recreation centers;
(8) on admission fees charged by theaters, cinema houses and concert halls, circuses,
leisure and amusement; and
(9) on funeral and burial services for the death of senior citizens;
(b) exemption from the payment of individual income taxes of senior citizens who are
considered to be minimum wage earners in accordance with Republic Act No. 9504;
(c) the grant of a minimum of five percent (5%) discount relative to the monthly
utilization of water and electricity supplied by the public utilities: Provided, That the
individual meters for the foregoing utilities are registered in the name of the senior
citizen residing therein: Provided, further, That the monthly consumption does not
exceed one hundred kilowatt hours (100 kWh) of electricity and thirty cubic meters (30
m3) of water: Provided, furthermore, That the privilege is granted per household
regardless of the number of senior citizens residing therein;
(d) exemption from training fees for socioeconomic programs;
(e) free medical and dental services, diagnostic and laboratory fees such as, but not
limited to, x-rays, computerized tomography scans and blood tests, in all government
facilities, subject to the guidelines to be issued by the DOH in coordination with the
PhilHealth;
(f) the DOH shall administer free vaccination against the influenza virus and
pneumococcal disease for indigent senior citizen patients;
(g) educational assistance to senior citizens to pursue pot secondary, tertiary, post
tertiary, vocational and technical education, as well as short-term courses for retooling
in both public and private schools through provision of scholarships, grants, financial
aids, subsides and other incentives to qualified senior citizens, including support for
books,
learning
materials,
and
uniform
allowances,
to
the
extent
feasible: Provided, That senior citizens shall meet minimum admission requirements;
(h) to the extent practicable and feasible, the continuance of the same benefits and
privileges given by the Government Service Insurance System (GSIS), the Social
Security System (SSS) and the PAG-IBIG, as the case may be, as are enjoyed by those
in actual service;
(i) 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 actual service;
(j) to the extent possible, the government may grant special discounts in special
programs for senior citizens 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);
(k) provision of express lanes for senior citizens in all commercial and government
establishments; in the absence thereof, priority shall be given to them; and
(l) death benefit assistance of a minimum of Two thousand pesos (Php2, 000.00) shall
be given to the nearest surviving relative of a deceased senior citizen which amount
shall be subject to adjustments due to inflation in accordance with the guidelines to be
issued by the DSWD.cralaw
In the availment of the privileges mentioned above, the senior citizen, or his/her duly
authorized representative, may submit as proof of his/her entitled thereto any of the
following:
(1) an identification card issued by the Office of the Senior Citizen Affairs (OSCA) of the
place where the senior citizen resides: Provided, That the identification card issued by
the particular OSCA shall be honored nationwide;
(2) the passport of the senior citizen concerned; and
(3) other documents that establish that the senior citizen is a citizen of the Republic
and is at least sixty (60) years of age as further provided in the implementing rules and
regulations.
In the purchase of goods and services which are on promotional discount, the senior
citizen can avail of the promotional discount or the discount provided herein, whichever
is higher.cralaw
The establishment may claim the discounts granted under subsections (a) and (c) of
this section as tax deduction based on the cost of the goods sold or services rendered:
Provided, 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 VAT, 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 (NICR), as amended.
Sec. 5. Section 5 of the same Act, as amended, is hereby further amended to read as
follows:
SEC. 5. Government Assistance. The government shall provide the following:
(a) Employment
Senior citizens who have the capacity and desire to work, or be re-employed, shall be
provided information and matching services to enable them to be productive members
of society. Terms of employment shall conform with the provisions of the Labor Code, as
amended, and other laws, rules and regulations.
Private entities that will employ senior citizens as employees, upon the effectivity of this
Act, shall be entitled to an additional deduction from their gross income, equivalent to
fifteen percent (15%) of the total amount paid as salaries and wages to senior citizens,
subject to the provision of Section 34 of the NIRC, as amended: Provided, however,
That such employment shall continue for a period of at least six (6) months: Provided,
further, That the annual income of the senior citizen does not exceed the latest poverty
threshold as determined by the National Statistical Coordination Board (NSCB) of the
National Economic and Development Authority (NEDA) for that year.
The Department of Labor and Employment (DOLE), in coordination with other
government agencies such as, but not limited to, the Technology and Livelihood
Resource Center (TLRC) and the Department of Trade and Industry (DTI), shall assess,
design and implement training programs that will provide skills and welfare or livelihood
support for senior citizens.
(b) Education
The Department of Education (DepED), the Technical Education and Skills
Development Authority (TESDA) and the Commission on Higher Education (CHED), in
consultation with nongovernmental organizations (NGOs) and peoples organizations
(POs) for senior citizens, shall institute programs that will ensure access to formal and
nonformal education.
(c) Health
The DOH, in coordination with local government units (LGUs), NGOs and POs for
senior citizens, shall institute a national health program and shall provide an integrated
health service for senior citizens. It shall train community-based health workers among
senior citizens and health personnel to specialize in the geriatric care and health
problems of senior citizens.
The national health program for senior citizens shall, among others, be harmonized
with the National Prevention of Blindness Program of the DOH.
Throughout the country, there shall be established a senior citizens ward in every
government hospital. This geriatric ward shall be for the exclusive use of senior citizens
who are in need of hospital confinement by reason of their health conditions. However,
when urgency of public necessity purposes so require, such geriatric ward may be used
for emergency purposes, after which, such senior citizens ward shall be reverted to its
nature as geriatric ward.
(d) Social Services
At least fifty percent (50%) discount shall be granted on the consumption of electricity,
water, and telephone by the senior citizens center and residential care/group homes
that are government-run or non-stock, non-profit domestic corporation organized and
operated primarily for the purpose of promoting the well-being of abandoned, neglected,
unattached, or homeless senior citizens, subject to the guidelines formulated by the
DSWD.
(1) self and social enhancement services which provide senior citizens opportunities
for socializing, organizing, creative expression, and self-improvement;
(2) after care and follow-up services for citizens who are discharged from the homes
or institutions for the aged, especially those who have problems of reintegration with
family and community, wherein both the senior citizens and their families are provided
with counseling;
(3) neighborhood support services wherein the community or family members provide
caregiving services to their frail, sick, or bedridden senior citizens; and
(4) substitute family care in the form of residential care or group homes for the
abandoned, neglected, unattached or homeless senior citizens and those incapable of
self-care.
(e) Housing
The national government shall include in its national shelter program the special
housing needs of senior citizens, such as establishment of housing units for the elderly.
(f) Access to Public Transport
The Department of Transportation and Communications (DOTC) shall develop a
program to assist senior citizens to fully gain access to public transport facilities.
(g) Incentive for Foster Care
The government shall provide incentives to individuals or nongovernmental institution
caring for or establishing homes, residential communities or retirement villages solely
for, senior citizens, as follows:
(1) realty tax holiday for the first five (5) years starting from the first year of operation;
and
(2) priority in the construction or maintenance of provincial or municipal roads leading
to the aforesaid home, residential community or retirement village.
(h) Additional Government Assistance
(1) Social Pension
Indigent senior citizens shall be entitled to a monthly stipend amounting to Five
hundred pesos (Php500.00) to augment the daily subsistence and other medical needs
of senior citizens, subject to a review every two (2) years by Congress, in consultation
with the DSWD.
(2) Mandatory PhilHealth Coverage
All indigent senior citizens shall be covered by the national health insurance program of
PhilHealth. The LGUs where the indigent senior citizens resides shall allocate the
necessary funds to ensure the enrollment of their indigent senior citizens in accordance
with the pertinent laws and regulations.
(3) Social Safety Nets
Social safety assistance intended to cushion the effects of economics shocks, disasters
and calamities shall be available for senior citizens. The social safety assistance which
shall include, but not limited to, food, medicines, and financial assistance for domicile
repair, shall be sourced from the disaster/calamity funds of LGUs where the senior
citizens reside, subject to the guidelimes to be issued by the DSWD.
Sec. 6. Section 6 of the same Act, as amended, is heeby further amended to read as
follows:
SEC. 6. The Office for Senior Citizens Affairs (OSCA). There shall be established in
all cities and municipalities an OSCA to be headed by a senior citizen who shall be
appointed by the mayor for a term of three (3) years without reappointment but without
prejudice to an extension if exigency so requires. Said appointee shall be chosen from a
list of three (3) nominees as recommended by a general assembly of senior citizens
organizations in the city or municipality.
The head of the OSCA shall be appointed to serve the interest of senior citizens and
shall not be removed or replaced except for reasons of death permanent disability or
ineffective performance of his duties to the detriment of fellow senior citizens.
The head of the OSCA shall be entitled to receive an honorarium of an amount at least
equivalent to Salary Grade 10 to be approved by the LGU concerned.
The head of the OSCA shall be assisted by the City Social Welfare and Development
officer or by the Municipal Social Welfare and Development Officer, in coordination with
the Social Welfare and Development Office.
The Office of the Mayor shall exercise supervision over the OSCA relative to their
plans, activities and programs for senior citizens. The OSCA shall work together and
establish linkages with accredited NGOs Pos and the barangays in their respective
areas.
The OSCA shall have the following functions:
(a) To plan, implement and monitor yearly work programs in pursuance of the
objectives of this Act;
(b) To draw up a list of available and required services which can be provided by the
senior citizens;
(c) To maintain and regularly update on a quarterly basis the list of senior citizens and
to issue national individual identification cards, free of charge, which shall be valid
anywhere in the country;
(d) To serve as a general information and liason center for senior citizens;
(e) To monitor compliance of the provisions of this Act particularly the grant of special
discounts and privileges to senior citizens;
(f) To report to the mayor, any individual, establishments, business entity, institutions or
agency found violating any provision of this Act; and
(g) To assist the senior citizens in filing complaints or charges against any individual,
establishments, business entity, institution, or agency refusing to comply with the
privileges under this Act before the Department of Justice (DOJ), the Provincial
Prosecutors Office, the regional or the municipal trial court, the municipal trial court in
cities, or the municipal circuit trial court.
follows:
SEC. 10. Penalties. Any person who refuses to honor the senior citizen card issued
by this the government or violates any provision of this Act shall suffer the following
penalties:
(a) For the first violation, imprisonment of not less than two (2) years but not more than
six (6) years and a fine of not less than Fifty thousand pesos (Php50,000.00) but not
exceeding One hundred thousand pesos (Php100,000.00);
(b) For any subsequent violation, imprisonment of not less than two (2) years but not
more than six (6) years and a fine of not less than One Hundred thousand pesos
(Php100,000.00) but not exceeding Two hundred thousand pesos (Php200,000.00); and
(c) Any person who abuses the privileges granted herein shall be punished with
imprisonment of not less than six (6) months and a fine of not less than Fifty thousand
pesos (Php50,000.00) but not more than One hundred thousand pesos
(Php100,000.00).
If the offender is a corporation, partnership, organization or any similar entity, the
officials thereof directly involved such as the president, general manager, managing
partner, or such other officer charged with the management of the business affairs shall
be liable therefor.
If the offender is an alien or a foreigner, he/she shall be deported immediately after
service of sentence.
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 person, establishment
or business entity that fails to abide by the provisions of this Act.
follows:
SEC. 11. Monitoring and Coordinating Mechanism. A National Coordinating and
Monitoring Board shall be established which shall be composed of the following:
(a) Chairperson the Secretary of the DSWD or an authorized representative;
(b) Vice Chairperson the Secretary of the Department of the Interior and Local
Government (DILG) or an authorized representative; and
(c) Members:
(1) the Secretary of the DOJ or an authorized representative;
(2) the Secretary of the DOH or an authorized representative;
(3) the Secretary of the DTI or an authorized representative; and
(4) representatives from five (5) NGOs for senior citizens which are duly accredited by
the DSWD and have service primarily for senior citizens. Representatives of NGOs shall
serve a period of tree (3) years.
The Board may call on other government agencies, NGOs and Pos to serve as
resource persons as the need arises. Resource person have no right to vote in the
National Coordinating and Monitoring Board.
Sec. 9. Implementing Rules and Regulations. Within sixty (60) days from theeffectivity
of this Act, the Secretary of the DSWD shall formulate and adopt amendments to the
existing rules and regulations implementing Republic Act No. 7432, as amended by
Republic Act No. 9257, to carry out the objectives of this Act, in consultation with the
Department of Finance, the Department of Tourism, the Housing and Urban
Development Coordinating Council (HUDCC), the DOLE, the DOJ, the DILG, the DTI,
the DOH, the DOTC, the NEDA, the DepED, the TESDA, the CHED, and five (5) NGOs
or POs for the senior citizens duly accredited by the DSWD. The guidelines pursuant to
Section 4(a)(i) shall be established by the DOH within sixty (60) days upon the
effectivity of this Act.
Sec. 10. Appropriations. The Necessary appropriations for the operation and
maintenance of the OSCA shall be appropriated and approved by the LGUs concerned.
For national government agencies, the requirements to implement the provisions of this
Act shall be included in their respective budgets: Provided, That the funds to be used for
the national health program and for the vaccination of senior citizens in the first year of
the DOH and thereafter, as a line item under the under the DOH budget in the
subsequent General Appropriations Act (GAA): Provided, further, That the monthly
social pension for indigent senior citizens in the first year of implementation shall be
added to the regular appropriations of the DSWD budget in the subsequent GAA.
Sec. 11. Repealing Clause. All law, executive orders, rules and regulations or any part
hereof inconsistent herewith are deemed repealed or modified accordingly.
Sec. 12. Separability Clause. If any part or provision of this Act shall be declared
unconstitutional and invalid, such 18 declaration shall not invalidate other parts thereof
which shall remain in full force and effect.
Sec. 13. Effectivity. This Act shall take effect fifteen (15) days its complete publication
n the Official Gazette or in at least two (2) newspapers of general circulation, whichever
comes earlier.
Republic Act 7277

Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila
Fifth Regular Session
BEGUN AND HELD IN METRO MANILA, ON MONDAY, THE TWENTY SECOND DAY
OF JULY, NINETEEN HUNDRED AND NINETY-ONE.
Republic Act No. 7277
AN ACT PROVIDING FOR THE REHABILITATION, SELF-DEVELOPMENT AND SELFRELIANCE OF DISABLED PERSON AND THEIR INTEGRATION
INTO THE MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES.
Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:
TITLE ONE
GENERAL PROVISIONS
CHAPTER I
Basic Principle
SECTION 1. Title
This Act shall be known and cited as the
Magna Carta for
Disabled Persons.
SECTION 2. Declaration of Polity

The grant of the rights and privileges for disabled
persons shall be guided by the following principles:
(a). Disabled persons are part of the Philippine society, thus the Senate shall give full
support to the improvement of the total well-being of disabled persons and their
integration into the mainstream of society.
Toward this end, the State shall adopt policies ensuring the rehabilitation, selfdevelopment and self-reliance of disabled persons.
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 disabled persons shall be the concern of the Government in
order to foster their capability to attain a more meaningful, productive and satisfying life.
To reach out to a greater number of disabled persons, 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
disabled persons and shall encourage partnership in programs that address their needs
and concerns.
(e). To facilitate integration of disabled persons into the mainstream of society, the State
shall advocate for and encourage respect for disabled persons. The State shall exert all
efforts to remove all social, cultural, economic, environmental and attitudinal barriers
that
are prejudicial to disabled persons.
SECTION 3. Coverage
This Act shall covers all disabled persons and, to the extend
herein provided, departments, offices and agencies of the National Government or nongovernment organization 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 of 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 of 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 functions 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 disabled persons in the life of the group. Social
barriers include negative attitudes which tends to single out and exclude disabled
persons and which distort roles and interpersonal relationship;
(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 disabled
persons; 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 provisions of auxiliary aids and services, and other similar
accommodations for disabled persons;
(i). Sheltered Employment refers to the provision of productive work for disabled
persons through workshop providing special facilities, income producing projects or
homework schemes with a view to given them the opportunity to earn a living thus
enabling them to acquire a working capacity required in open industry.
(j). Auxiliary Social Services are the supportive activities in the delivery of social
services to the marginalized sectors of society;
(k). Marginalized Disabled Persons refer to disabled persons who lack access to
rehabilitative services and opportunities to be able to participate fully in socioeconomic
activities and who have no means of livelihood or whose incomes fall below poverty
threshold;
(l). Qualified Individual with a Disability shall mean an individual with a disability who,
with or without reasonable accommodations, can perform the essential functions of the
employment position that such individual holds or desires. However, consideration shall
be given to the employers judgement as to what functions of a job are essential, and if
an employer has prepared a written description before advertising or interviewing
applicants for the job, this description shall be considered evidence of the essential
functions of the job;
(m). Readily Achievable means a goal can be easily attained and carried out without
much difficulty or expense. In determining whether an action is readily achievable,
factors to be considered include
1) the nature and cost of the action;
2) the overall financial resources of the facility or facilities involved in the action; the
number of persons employed at such facility; the effect on expenses and
resources, or the impact otherwise of such action upon the operation of the facility;
3) the overall financial resources of the covered entity with respect to the number of its
employees; the number, type and location of its facilities; and
4) the type of operation or operations of the covered entity, including the composition,
structure and functions of the work force of such entity; the geographic
separateness, administrative or fiscal relationship of the facilities in question to the
covered entity;
(n). Public Transportation means transportation by air, land and sea that provides the
public with general or special service on a regular and continuing basis;
(o). Covered entity means employer, employment agency, labor organization or joint
labor-management committee; and
(p). Commerce shall be taken to mean a s travel, trade, traffic, commerce,
transportation, or communication among the provinces or between any foreign country
or any territory or possession and any province.
TITLE TWO
RIGHTS AND PRIVILEGES OF DISABLED PERSONS
CHAPTER I Employment
SECTION 5. Equal Opportunity for Employment
No disabled
persons shall be denied access to opportunities for suitable employment. A qualified
disabled employee shall be subject to the same terms and conditions of employment
and the same compensation, privileges, benefits, fringe benefits, incentives or
allowances as a qualified able-bodied person. Five percent (5%) of all casual,
emergency and contractual positions in the Department of Social Welfare and
Development; Health; Education, Culture and Sports; and other government agencies,
offices or corporations engaged in social development shall be reserved for disabled
persons.
SECTION 6. Sheltered Employment
If suitable employment for disabled persons
cannot be found through open employment as provided in the immediately preceding
Section, the State shall endeavor to provide it by means of sheltered employment. In
the placement of disabled persons in sheltered employment, it shall accord due regard
to the individual qualities, vocational goals and inclinations to ensure a good working
atmosphere and efficient production.
SECTION 7. Apprenticeship
Subject to the provision of the Labor Code as
amended, disabled persons shall be eligible as apprentices or learners; Provided, That
their handicap is not much as to effectively impede the performance of job operations in
the particular occupation for which they are hired; Provided, further, That after the lapse
of the period of apprenticeship if found satisfactory in the job performance, they shall be
eligible for employment.
SECTION 8. Incentives for Employer
(a) To encourage the active participation of the
private sector in promoting the welfare of disabled persons and to ensure gainful
employment for qualified disabled persons, adequate incentives shall be provided to
private entities which employ disabled persons.
(b). Private entities that employ disabled persons who meet the required skills or
qualifications, either as regular employee, apprentice or learner, shall be entitled to an
additional deduction, from their gross income, equivalent to twenty-five percent (25%) of
the total amount paid as salaries and wages to disabled persons: Provided, however,
That such entities present proof as certified by the Department of Labor and
Employment that disabled person are under their employ. Provided, further, That the
disabled employee is accredited with the Department of Labor and Employment and the
Department of Health as to his disability, skills and qualifications.
(c). Private entities that improved or modify their physical facilities in order to provide
reasonable accommodation for disabled persons shall also be entitled to an additional
deduction from their net taxable income, equivalent to fifty percent (50%) of the direct
costs of the improvements or modifications. This section, however, does not apply to
improvements or modifications of facilities required under Batas Pambansa Bilang 344.
SECTION 9. Vocational Rehabilitation
Consistent with the principle of equal
opportunity for disabled workers and workers in general, the State shall take appropriate
vocational rehabilitation measures that shall serve to develop the skills and potential of
disabled persons and enable them to compete favorably for available productive and
remunerative employment opportunities in the labor market. The State shall also take
measures to ensure the provisions of vocational rehabilitation and livelihood services for
disabled persons in the rural areas. In addition, it shall promote cooperation and
coordination between the government and non-government organization and other
private entities engaged in vocational rehabilitation activities.
The Department of Social Welfare and Development shall design and implement
training programs that will provide disabled persons with vocational skills to enable them
to engage in livelihood activities or obtain gainful employment. The Department of Labor
and Employment shall likewise design and conduct training programs geared towards
providing disabled persons with skills for livelihood.
SECTION 10. Vocational Guidance and Counselling
The Department of Social
Welfare and Development shall implement measures providing and evaluating
vocational guidance and counselling to enable disabled persons to secure, retain and
advance in employment. It shall ensure the availability and training counsellors and
other suitability qualified staff responsible for the vocational guidance and counselling of
disabled persons.
SECTION 11. Implementing Rules and Regulations
The Department of Labor and
Employment shall in coordination with the Department of Social Welfare and
Development (DSWD) and National Council for the Welfare of Disabled Persons
(NCWDP), shall promulgate the rules and regulations necessary to implement the
provision under this Chapter.
CHAPTER 2 Education
SECTION 12. Access to Quality Education
The State shall ensure that disabled
persons are provided with adequate access to quality education and ample
opportunities to develop their skills. It shall take appropriate steps to make such
education accessible to all disabled persons. It shall be unlawful for any learning
institutions to deny a disabled person admission to any course it offers by reason of
handicap or disability. The State shall take into consideration the special requirements
of disabled persons in the formulation of education policies and program. It shall
encourage learning institutions to take into account the special needs of disabled
persons with respect to the use of school facilities, class schedules, physical education
requirements and other pertinent consideration. The State shall also promote the
provision by learning institutions, of auxiliary services that will facilitate the learning
process for disabled persons.
SECTION 13. Assistance to Disabled Students

The State shall provide financial
assistance to economically marginalized but deserving disabled students pursuing post
secondary or tertiary education. Such assistance may be in the form of scholarship
grants, student loan programs, subsidies, and other incentives to qualified disabled
students in both public and private schools. At least five percent (5%) of the allocation
for the Private Education Student Financial Assistance Program created by virtue of
R.A. 6725 shall be set aside for disabled students pursuing vocational or technical and
degree courses.
SECTION 14. Special Education
The State shall establish, maintain and support a
complete, adequate and integrated system of special education for the visually
impaired, hearing impaired, mentally retarded persons and other type of exceptional
children in all regions of the country. Towards this end, the Department of Education,
Culture and Sports shall establish special education classes in public schools in cities,
or municipalities. It shall also establish, where viable, Braille and Record Libraries in
provinces, cities or municipalities. The National Government shall allocate funds
necessary for the effective implementation of the special education program nationwide.
Local government units may likewise appropriate counterpart funds to supplement
national funds.
SECTION 15. Vocational or Technical and Other Training Programs
The State
provide disabled persons with training in civics, vocational efficiency,
sports and physical fitness, and other skills. The Department of Education, Culture and
Sports shall establish in at least one government-owned vocational
and technical school in every province a special vocational and technical training
program for disabled persons. It shall develop and implement sports and
physical fitness program specifically designed for disabled persons taking into
consideration the nature of their handicap. SECTION 16. Non-Formal Education
The State shall develop nonformal education programs intended for the total human
development of disabled persons. It shall provide adequate resources for non-formal
education programs and projects that cater to the special needs of disabled persons.
SECTION 17. State Universities and Colleges
If viable and needed, the State
Universities or State Colleges in each region or province shall be responsible for (a) the
development of material appliances and technical aids for disabled persons; (b) the
development of training materials for vocational rehabilitation and special education
instructions; and (c) the research on special problems, particularly of the visuallyimpaired, hearing-impaired, and orthopedically-impaired students, mentally retarded,
and multi-handicapped and other, and the elimination of social barriers and
discrimination against disabled persons; and (d) inclusion of the Special Education for
Disabled (SPED) course in the curriculum. The National Government shall provide
these state universities and colleges with the necessary special facilities for visuallyimpaired, hearingimpaired, speech impaired, and orthopedically-impaired students. It
shall likewise allocate the necessary funds in support of the above.
CHAPTER 3 Health
SECTION 18. National Health Program
The Department of Health, in coordination
with National Council for the Welfare of Disabled Persons, shall institute a national
health program which shall aim to attain the following:
(a). prevention of disability, whether occurring prenatally or post-natally;
(b). recognition and early diagnosis of disability; and

(c). early rehabilitation of the disabled.
SECTION 19. Rehabilitation Centers
The Department of Health shall establish
medical rehabilitation centers in government provincial hospitals, and shall include it
annual appropriation the necessary funds for the operation of such centers. The
Department of Health shall formulate and implement a program to enable marginalized
disabled persons to avail of free rehabilitation services in government hospitals.
SECTION 20. Health Services
The State shall protect and promote the right to
health of disabled persons and shall adopt an integrated and comprehensive approach
to their health development which shall make essential health services available to them
at affordable cost. The National Government shall provide an integrated health service
for disabled persons which shall include, but not limited to, the following:
(a). prevention of disability through immunization, nutrition, environmental protection
and preservation, and genetic counselling; and early detection of disability and timely
intervention to arrest disabling condition; and
(b). medical treatment and rehabilitation.
The Department of Health shall field medical personnel specializing in the treatment and
rehabilitation of disabled persons to provincial hospitals and, when
viable, to municipal health centers. It shall also train its field health personnel in the
provision of medical attention to disabled persons. It shall further ensure that its field
health units have the necessary capabilities to fit prosthetic and orthotic appliances on
disabled persons.
CHAPTER 4
Auxiliary Social Services
SECTION 21. Auxiliary Social Services
The State shall ensure that marginalized
persons are provided with the necessary auxiliary services that will restore their social
functioning and participation in community affairs. Toward this end, the Department of
Social Welfare and Development shall develop and implement programs on auxiliary
social services that respond to the needs of marginalized disabled persons. The
components of such a program shall be as follows:
(a). assistance in the acquisition of prosthetic devices and medical intervention of
specialty services;
(b). provision of specialized training activities designed to improved functional limitations
of disabled persons related to communications skills;
(c). development among disabled persons of a positive self-image through the provision
of counselling, orientation and mobility and strengthening daily living capability;
(d). provision of family care services geared towards developing the capability of
families to respond to the needs of the disabled members of the family;
(e). provision of substitute family care services and the facilities therefore for
abandoned, neglected, abused and unattached disabled persons who need custodial
care;
(f). provision of after care and follow-up services for the continued rehabilitation in a
community-based setting of disabled persons who were released from the residential
care or rehabilitation center; and
(g). provision of day care services for disabled children of pre-school age.
CHAPTER 5 Telecommunications
SECTION 22. Broadcast Media

Television stations shall be encouraged to provide a
sign language inset or subtitles in at least one (1) newscast program a day and special
program covering events of national significance.
SECTION 23. Telephone Services
All telephone companies shall be encouraged to
install special telephone devices or units for the hearing-impaired and ensure that they
are commercially available to enable them to communicate through the telephone
system.
SECTION 24. Free Postal Charges for the Disabled
Postal charges shall be free on
the following:
(a). article and literature like books and periodicals, orthopedic and other devices, and
teaching aids for the use of the disabled sent by mail within the Philippines and abroad;
and
(b). aids and orthopedic devices for the disabled sent abroad by mail for repair;
Provided, That the aforesaid items are for personal purposes only: Provided further,
That the disabled person is a marginalized disabled as certified
by the Social Welfare and Development Office of the local government unit concerned
or the Department of Social Welfare and Development.
CHAPTER 6 Accessibility
SECTION 25. Barrier-Free Environment
The State shall ensure the attainment of a
barrier-free environment that will enable disabled persons to have access in public and
private buildings and establishments and such other places mentioned in Batas
Pambansa Bilang 344, otherwise known as the
Accessibility Law. The national and
local government shall allocate funds for the provision of architectural or structural
features for disabled persons in government buildings and facilities.
SECTION 26. Mobility
The State promote the mobility of disabled persons. Disabled
persons shall be allowed to drive motor vehicles, subject to the rules and regulations
issued by the Land Transportation Office pertinent to the nature of their disability and
the appropriate adaptations or modifications made on such vehicles.
SECTION 27. Access to Public Transport Facilities
The Department of Social
Welfare and Development shall develop a program to assist marginalized disabled
persons gain access in the use of public transport facilities. Such assistance may be in
the form of subsidized transportation fare. The said department shall also allocate such
funds as may be necessary for the effective implementation of the public transport
program for the disabled persons. The
Accessibility Law, as amended, shall be
made supplementary to this Act.
The Department of
Transportation and Communications shall formulate the rules and regulations necessary
to implement the provision of this Chapter.
CHAPTER 7
Political and Civil Rights
SECTION 29. System of Voting
Disabled persons shall be allowed to be assisted by
a person of his choice in voting in the national or local elections. The person thus
chosen shall prepare ballot for the disabled voter inside the voting booth. The person
assisting shall bind himself in a formal document under oath to fill out the ballot strictly
in accordance with the instructions of the voter and not to reveal the contents of the
ballot prepared by him. Violation of this provision shall constitute an election offense.
Polling places should be made accessible to disabled persons during the national or
local elections.
SECTION 30. Right to Assemble
Consistent with the provisions of the Constitution,
the State shall recognize the right of disabled persons to participate in processions,
rallies, parades, demonstrations, public meetings, and assemblages or other forms of
mass or concerted action held in public.
SECTION 31. Right to Organize
The State recognize the rights of disabled persons
to form organizations or associations that promote their welfare and advance or
safeguard their interests. The National Government, through its agencies,
instrumentalities and subdivisions, shall assist disabled persons in establishing self-help
organizations by providing them with necessary technical and financial assistance.
Concerned government agencies and offices shall establish close linkages with
organizations of disabled persons in order to respond expeditiously to the needs of
disabled persons. National line agencies and local government units shall assist
disabled persons in setting up specific projects that will be managed like business
propositions. To ensure the active participation of disabled persons in the social
economic development of the country, their organizations shall be encouraged to
participate in the planning, organization and management of government programs and
projects for disabled persons. Organizations of disabled persons shall participate in the
identification and preparation of programs that shall serve to develop employment
opportunities for the disabled persons.
TITLE THREE
PROHIBITION ON DISCRIMINATION AGAINST DISABLED
PERSONS
CHAPTER 1
Discrimination on Employment
SECTION 32. Discrimination on Employment
No entity, whether public or private,
shall discriminate against a qualified disabled person by reason of disability in regard to
job application procedures, the hiring, promotion, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
The following constitute acts of discrimination:
(a). Limiting, segregating or classifying a disabled job applicant in such a manner that
adversely affects his work opportunities;
(b). Using qualification standards, employment tests or other selection criteria that
screen out or tend to screen out a disabled person unless such standards, tests or other
selection criteria are shown to be jobrelated for the position on question and are
consistent with business necessity;
(c). Utilizing standards, criteria, or methods of administration that:
1). have the effect of discrimination on the basis of disability; or
2). perpetuate the discrimination of others who are subject to common administrative
control;
(d). Providing less compensation, such as salary, wage or other forms of remuneration
and fringe benefits, to a qualified disabled employee, by reason of his disability, than the
amount to which a non-disabled person performing the same work is entitled;
(e). Favoring a non-disabled employee over a qualified disabled employee with respect
to promotion, training opportunities, study and scholarship grants, solely on account of
the latters disability;
(f). Re-assigning or transferring a disabled employee to a job or position he cannot

perform by reason of his disability;
(g). Dismissing or terminating the services of a disabled employee by reason of his
disability unless the employer can prove that he impairs the satisfactory performance of
the work involve to the prejudice of the business entities; Provided, however, That the
employer first sought provide reasonable accommodations for disabled persons;
(h). Failing to select or administer in the effective manner employment tests which
accurately reflect the skills, aptitude or other factor of the disabled applicant or
employee that such test purports to measure, rather than the impaired sensory, manual
or speaking skills of such applicant or employee, if any; and
(i). Excluding disabled persons from membership in labor unions or similar organization.
SECTION 33. Employment Entrance Examination
Upon an offer of employment, a
disabled applicant may be subjected to medical examination, on the following
occasions:
(a). all entering employees are subjected to such an examination regardless of
disability;
(b). information obtained during the medical condition or history of the applicant is
collected and maintained on separate forms and in separate medical files and is treated
as a confidential medical record, Provided, however, That:
1). supervisors and managers may be informed regarding necessary restrictions on the
work or duties of the employees and necessary accommodations;
2). first aid and safety personnel my be informed, when appropriate, if the disability
might require emergency treatment;
3). government officials investigating compliance with this Act shall be provided relevant
information on request; and
4). the results of such examination are used only accordance with this Act.
CHPTER 2
Discrimination on Transportation
SECTION 34. Public Transportation
It shall be considered discrimination for the
franchises or operators and personnel of sea, land, and air transportation facilities to
charge higher fare or to refuse to convey a passenger, his orthopedic devices, personal
effects, and merchandise by reason of his disability.
CHAPTER 3
Discrimination on the Use of Public
Accommodations and Services
SECTION 35. Public Accommodations and Services
For purposes of this Chapter,
public accommodations and services shall include the following:
(a). an inn, hotel, motel, or other place of lodging, except for an establishment located
within a building that contains not more than five (5) rooms for rent or hire and that is
actually occupied by the proprietor of such establishment as the residence of such
proprietor;
(b). a restaurant, bar or other establishment serving food or drink;
(c). a motion picture, theater, concert hall, stadium, or other place of exhibition or
entertainment;
(d). an auditorium, convention center, lecture hall, or other place of public gathering;
(e). a bakery, grocery store, hardware store, shopping center, or other sales or rental
establishment;
(f). a bank, barber-shop, beauty-shop, travel service, funeral parlor, gas station, office of
a lawyer, pharmacy, insurance office, professional office of a health care provider,
hospital or other service establishment;
(g). a terminal, depot, or other station used for specified public transportation;
(h). a museum, gallery, library or other place of public display or collection;
(i). a park, zoo, amusement park, or other place of recreation;
(j). a nursery, elementary, secondary, undergraduate, or post-graduate private school, or
other place of education;
(k). a gymnasium, health spa, bowling alley, golf course; or
(l). other place of exercise or recreation.
SECTION 36. Discrimination on the Use of Public Accommodations
(a) No disabled persons shall be discriminated on the basis of disability in the full and
equal enjoyment of the goods, services, facilities, privileges, advantages
or accommodations of any place of public accommodation by any person who owns,
leases, or operates a place of public accommodation. The following constitute acts of
discrimination:
1). denying a disabled person, directly through contractual, licensing, or other
arrangement, the opportunity to participate in or benefit from the goods, services,
facilities, privileges, advantages, or accommodations of an entity by reason of his
disability;
2). affording a disabled person, on the basis of his disability, directly or through
contractual, licensing, or other arrangement, with the opportunity to participate in or
benefit from a good, service, facility, privilege, advantage, or accommodation that is not
equal to that afforded to other able-bodied persons; and
3). providing disability, directly or through contractual, licensing, or other arrangement,
with a good, service, facility, advantages, privilege, or accommodation that is different or
separate from that provided to other able-bodied persons unless such action is
necessary to provide the disabled person with a good, service, facility, advantage,
privilege or accommodation, or other opportunity that is as effective as that provided to
others;
For purpose of this section, the term
individuals or class individuals refers to the
clients or customers of the covered public accommodation that enters into the
contractual, licensing or other arrangement.
(b). Integrated Settings
Goods, services, facilities, advantages, and
accommodations shall be afforded to an individual with a disability in the most
integrated setting appropriate to the needs of the individual.
(c). Opportunity to Participate
Not withstanding the existence of separate or different
programs or activities provided in accordance with this section, an individual with a
disability shall not be denied the opportunity to participate in such programs or activities
that are not
separate or different.
(d). Association
It shall be discriminatory to exclude or otherwise deny equal goods,
services, facilities, advantages, privileges, accommodations or other opportunities to an
individual or entity because of the known disability of an individual with whom the
individual or entity is known to have a relationship or association.
(e). Prohibitions
For purposes of this Section, the following shall be considered as
discriminatory.
1). the imposition or application of eligibility criteria that screen out or tend to screen out
an individual with a disability or any class or individuals with disabilities from fully and
equally enjoying and goods, services, facilities, privileges, advantages,
accommodations, unless such criteria can be shown to be necessary for the provision of
the goods, services, facilities, privileges, or accommodations being offered;
2). a failure to make reasonable modifications in policies, practices, or procedures,
when such modification are necessary to afford such goods, services, facilities,
privileges, advantages or accommodations to individuals with disabilities, unless the
entity can demonstrate that making such modification would fundamentally alter the
nature of the goods, facilities, services, privileges, advantages, or accommodations;
3). Failure to take steps as may be necessary to ensure that no individual with disability
is excluded, denied services, segregated or otherwise treated differently than other
individuals because of the absence of auxiliary aids and services, unless the entity can
demonstrate that taking such steps would fundamentally alter the nature of the good,
service, facility, privilege or would result in undue burden;
4). a failure to remove architectural barriers, and communication barriers that are
structural in nature, in existing facilities, where such removal is readily achievable; and
5). where an entity can demonstrate that the removal of a barrier under clause (4) is not
readily achievable, a failure to make such goods, services, facilities, privileges,
advantages, or accommodations available through alternative methods if such methods
are readily achievable.
SECTION 37. Use of Government Recreational or Sports Centers
Free of Charge
Recreational or sports centers owned or operated by the Governent
shall be used, free of charge, by marginalized disabled persons during their social,
sports or recreation activities.
The Department of Public
Works and Highway shall formulate the rules and regulations necessary to implement
the provisions of this Chapter.
TITLE FOUR
FINAL PROVISIONS
SECTION 39. Housing Program
The National Government shall take into
consideration in its national shelter programs the special housing requirement of
disabled persons.
SECTION 40. Role of National Agencies and Local Government Units
Local
government units shall promote the establishment of organizations of disabled persons
in their respective territorial jurisdictions. National agencies and local government units
may enter into joint ventures with organizations or associations of disabled persons to
explore livelihood opportunities and other undertaking that shall enhance the health,
physical fitness and the economic and social well-being of disabled persons.
SECTION 41. Support From Non-government Organizations
Nongovernment
organizations or private volunteer organizations dedicated to the purpose of promoting
and enhancing the welfare of disabled persons 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, program 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 individual in the provision of
assistance to disabled persons.
SECTION 42. Tax Incentives
(a) Any donation, bequest, subsidy or financial aid
which may be made to government agencies engaged in the rehabilitation of disabled
persons and organizations of disabled persons shall be exempt form the donors tax
subject to the provisions of Section 94 of the National Internal Revenue Code (NIRC),
as amended and shall be allowed as deduction from the donors 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 of technical aids and appliances used by disabled persons
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 contractors tax;
11). simplification of customs procedures;
12). unrestricted use of consigned equipment;
13). employment of foreign nationals;
14). tax credits for taxes and duties on raw materials;
15). access to bonded manufacturing/trading warehouse system;
16). exemption from taxes and duties on imported spare parts; and
17). Exemption from wharfage dues and any export tax, duty, impostand free.
SECTION 43. Continuity Clause
Should any department or agency tasked with the
enforcement or formulation of rules and regulations and guidelines for implementation of
any provisions of this Act is abolished, merge 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 of the department or agency tasked with the enforcement of 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 modification.
SECTION 44. 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 of practice of discrimination
under this Act; or
2). any person or group of persons has been discriminated against under this Act and
such discrimination raises and issue of general public importance, the Secretary of
Justice may commence a legal action in any appropriate court.
SECTION 45. Authority of Court
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 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 (P 50,000.00) but
not exceeding One hundred thousand pesos(P 100,000.00) or imprisonment of not less
than six (6) months but not more than two (2) 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 (P
100,000.00) but not exceeding Two hundred thousand pesos (P 200,000.00) or
imprisonment for less than two (2) years but not more than six (6) 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 (6) months or a fine of not less than Five thousand
pesos (P 5,000.00) but not more than Fifty thousand pesos (P 50,000.00), 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.
SECTION 47. Appropriations
The amount necessary to carry out the provision of
this Act shall be included in the General Appropriation Act of the year following its
enactment into law and thereafter.
SECTION 48. Separability Clause
Should any provision 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 49. Repealing Clause
All laws, presidential decrees, executive orders and
rules and regulations inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
SECTION 50. Effectivity
This Act shall take effect fifteen (15) days after its
publication in any two (2) newspaper of general circulation.

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Republic Act No.

"Urban Development and Housing Act of 1992"

REPUBLIC ACT NO. 7279

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(2) Optimization of the use and productivity of land and urban

(3) Development of urban areas conducive to commercial and

(d) Provide for an equitable land tenure system that shall

(e) Encourage more effective people's participation in the urban

(b) "Areas for priority development" refers to those areas declared

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housing programs without individual property boundary

individuals or groups who simply rent land and housing from

the National Economic and Development Authority and who do

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Sec. 4. Coverage. The Program shall cover all lands in urban

development sites, and in other areas that may be identified by

Sec. 5. Exemptions. The following lands shall be exempt from

(c) Those used, reserved or otherwise set aside for government

Sec. 6. Framework for Rational Development. There shall be a

The framework shall refer to the comprehensive plan for urban

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Sec. 7. Inventory of Lands. Within one (1) year from the

(a) Residential lands;

(c) Unregistered or abandoned and idle lands; and

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In conducting the inventory, the local government units

For planning purposes, the Housing and Urban Development

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Sec. 8. Identification of Sites for Socialized Housing. After the

services and facilities, their accessibility and proximity of jobs

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(b) Alienable lands of the public domain;

(c) Unregistered or abandoned and idle lands;

Sec. 10. Modes of Land Acquisition. The modes of acquiring

For the purpose of socialized housing, government-owned and

lands owned by small property owners or those the ownership of

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Sec. 15. Policy. Socialized housing, as defined in Section 3

Sec. 16. Eligibility Criteria for Socialized Housing Program

(b) Must be an underprivileged and homeless citizen, as defined in

Sec. 18. Balanced Housing Development. The Program shall

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(b) Slum upgrading or renewal of areas for priority development

(c) Joint-venture projects with either the local government units

(d) Participation in the community mortgage program.

Sec. 20. Incentives for Private Sector Participating in Socialized

(b) Creation of one-stop offices in the different regions of the

(c) Simplification of financing procedures; and

(3) Value-added tax for the project contractor concerned;

Appropriate implementing guidelines shall be prepared by the

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Property owners who voluntarily provide resettlement sites to

developers and concerned agencies with the following basic

(b) Power and electricity and an adequate power distribution

(c) Sewerage facilities and an efficient and adequate solid waste

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The local government unit, in coordination with the concerned

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Sec. 22. Livelihood Component. To extent feasible, socialized

grant of livelihood loans shall give priority to the beneficiaries of