ACCO 2073 Good Governance and Corporate Social Responsibility

Summer Term

Garcia, Florie-May C.
BSA 3-1

1. Background or conditions existing before the enactment of the law.

Based on historical accounts the governments concern for the disabled persons
began as early as 1917 and the national concern for rehabilitation was manifested by
non-government organizations as well. On January 16-20, 1978, the country hosted the
Second International Conference on Legislation Concerning the Disabled organized by
the Rehabilitation Internationals national affiliate, the Philippine Foundation for the
Rehabilitation for Disabled Persons (PFRD).

During the said conference, President Marcos signed P.D. No. 1509 creating the
National Commission Concerning Disabled Persons (NCCDP). NCCDP was tasked to
prepare and adopt an integrated and comprehensive long-term National Rehabilitation
Plan (NRP).

From the time of its inception in 1978, the Philippine Foundation for the
Rehabilitation of Disabled, Inc. (PFRD) served as the Commissions Secretariat to
assist the NCCDP Board in the implementation of its objectives and functions. This
arrangement stayed in effect until P.D. 1509 was amended by P.D. 1761 on January 4,
1981.

With the success of the important work began during the International Year of
Disabled Persons, the Decade of Disabled Persons (1981-1991) was proclaimed for
nationwide observance on December 17, 1981 with NCCDP as lead agency.

2. Rationale for its enactment.

According to Sec. 2 of Republic Act No. 7277:

The grant of the rights and privileges for disabled persons shall be guided by the
following principles:

(a) Disabled persons are part of Philippine society, thus the State shall give
full support to the improvement of the total well-being of disabled persons
and their integration into the mainstream of society. Toward this end, the
State shall adopt policies ensuring the rehabilitation, self-development and

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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 capacity 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.

3. Date when enacted into law.

RA 7277 otherwise known as the, Magna Carta for Disabled Persons became
effective on March 24, 1992.

RA 10754 known as, An Act Expanding the Benefits and Privileges of Persos
with Disability (PWD), took effect on March 23, 2016.

4. Benefits provided by the law

Under Title II Rights and Privileges of Disabled Persons, Chapter 1

Employment, PWDs are given equal opportunity for employment (Sec. 5),
apprenticeship (Sec. 7) and the like. It is also mentioned under Sec. 8, the incentives
that employer of PWDs will get upon hiring them.

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Followed by Chapter II Education, wherein it explains about accessibility of

quality education (Sec. 12) to PWDs, assistance (Sec. 13) and other training programs
(Sec. 15) that will be relevant and helpful to them.

Chapter III discusses about Health programs (Sec. 18), privileges and services
(Sec. 20) that can be given to PWDs.

Under Chaper IV, auxiliary social services (Sec. 21) are given to ensure that
marginalized persons are provided with the necessary auxiliary services that will restore
their social functioning and participation in community affairs.

Chapter V Telecommunications, provides that telecommunications or the media

to use sign language or subtitles in significant or national events. (Sec. 22), 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. (Sec. 23) and free postal charges to the
disabled (Sec. 24),

Chapter VI Accessibility, provides that 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 (Sec. 25), mobility
(Sec. 26) and access to public transport facilities (Sec. 27).

Chapter VII Political and Civil Rights, Disabled persons shall be allowed to be
assisted by a person of his choice in voting in the national or local elections. (Sec. 29);
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.
(Sec. 30); The State recognize the rights of disabled persons to form organizations or
associations that promote their welfare and advance or safeguard their interests. (Sec.
31)

5. Responsibilities of each organizations and government agencies implementing the

law.

The National Council on Disability Affairs (NCDA) is the national government

agency mandated to formulate policies and coordinate the activities of all agencies,
whether public or private, concerning disability issues and concerns. As such,
the NCDA is the lead agency tasked to steer the course of program development for
persons with disabilities and the delivery of services to the sector.

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Summer Term

The NCDA is tasked to monitor the implementation of several laws to ensure the
protection of PWDs civil and political rights. These laws include Republic Act No 7277
(Magna Carta for Disabled Persons), Batas Pambansa Blg. 344 (Accessibility Law),
Republic Act 6759 (White Cane Act) and ILO Convention No. 159 (Vocational
Rehabilitation of Persons With Disability). It has also been tasked, through Proclamation
No. 125, to coordinate activities and to monitor the observance of the Asian and Pacific
Decade of Disabled Persons (1993-2002) in the Philippines. Proclamation No. 125 was
issued by the President on January 15, 1993, to enjoin both the government and the
private entities to organize projects based on the policy categories mentioned in the
agenda for action of the decade.

6. In relation to CSR, responsibilities of a corporation or a private entity.

It shall be in the best interest of a corporation, private or public entity to maintain

to maintain a fair and harmonious working environment. As provided in Sec. 32, 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.

No discrimination in public transportation (Section 34), in the use of public

accommodations and services (Sec. 35) shall be tolerated by operators and owners of
transport or establishments.

7. Sanctions for violators of the act.

According to Sec. 46 Penal Clause of RA 7277

(a) Any person who violates any provision of this Act shall suffer the following penalties:

(1) for the first violation, a fine of not less than Fifty thousand pesos (P50,000.00) but
not exceeding One hundred thousand pesos (P100,000.00) or imprisonment of not less
than six (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
(P100,000.00) but not exceeding Two hundred thousand pesos (P200,000.00) or
imprisonment for not 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

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Summer Term

pesos (P5,000.00), but not more than Fifty thousand pesos (P50,000.00), or both, at the
discretion of the court.

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

(d) If the violator is an alien or a foreigner, he shall be deported immediately after

service of sentence without further deportation proceedings.

References:

http://www.ncda.gov.ph/disability-laws/

http://www.ncda.gov.ph/about/

http://www.ncda.gov.ph/disability-laws/republic-acts/republic-act-7277/