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." chan robles virtual law library

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; chan robles virtual law library

(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; chan robles virtual law library

(2) Optimization of the use and productivity of land and urban resources; chan robles virtual law library

(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; chan robles virtual law library (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; chan robles virtual law library

(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;chan robles virtual law library (b) "Areas for priority development" refers to those areas declared as such under existing statutes and pertinent executive issuances.chan robles virtual law library

(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. chanrobles virtual law library (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; chan robles virtual law library

(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; chan robles virtual law library

(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 housing programs without individual property boundary restrictions; chan robles virtual law library

(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; chan robles virtual law library

(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; chan robles virtual law library

(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.chanrobles virtual law library

chan robles virtual law library 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; chan robles virtual law library

(b) Those actually used for national defense and security of the State; chan robles virtual law library

(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.chanrobles virtual law library

ARTICLE III NATIONAL URBAN DEVELOPMENT AND HOUSING

FRAMEWORK chan robles virtual law library

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.chanrobles virtual law library

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.chanrobles virtual law library


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;chan robles virtual law library

(c) Unregistered or abandoned and idle lands; and chan robles virtual law library

(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. chanrobles virtual law library

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. chanrobles virtual law library


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. chanrobles virtual law library

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. cralaw 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; chan robles virtual law library

(b) Alienable lands of the public domain; chan robles virtual law library

(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.chanrobles virtual law library

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, joint-venture 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.chan robles virtual law library

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. cralaw 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 lands owned by small property owners or those the ownership of which is subject of a pending litigation.cralaw 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.cralaw Consistent with this provision, a scheme for public rental housing may be adopted. cralaw 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. cralaw 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. cralaw 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.cralaw Should the beneficiary unlawfully sell, transfer, or otherwise dispose of his lot or any right thereon, the transaction shall be 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.cralaw 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. chan robles virtual law library

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.chanrobles virtual law library

Sec. 16. Eligibility Criteria for Socialized Housing Program Beneficiaries. — To qualify for the socialized housing program, a beneficiary:

(a) Must be a Filipino citizen; chan robles virtual law library

(b) Must be an underprivileged and homeless citizen, as defined in Section 3 of this Act; chan robles virtual law library

(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.

chan robles virtual law library 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; chan robles virtual law library

(b) Slum upgrading or renewal of areas for priority development either through zonal improvement programs or slum improvement and resettlement programs; chan robles virtual law library

(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. chanrobles virtual law library

chan robles virtual law library 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; chan robles virtual law library

(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; chan robles virtual law library

(c) Simplification of financing procedures; and (d) Exemption from the payment of the following: (1) Project-related income taxes; chan robles virtual law library

(2) Capital gains tax on raw lands used for the project;chan robles virtual law library

(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. chan robles virtual law library

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. chanrobles virtual law library


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.chanrobles virtual law library

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; chan robles virtual law library

(b) Power and electricity and an adequate power distribution system; chan robles virtual law library

(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. chanrobles virtual law library


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.chanrobles virtual law library


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. chan

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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 self-help 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.cralaw 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. cralaw 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. chan robles virtual law library

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; chan robles virtual law library

(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; chan robles virtual law library

(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. chan robles virtual law library

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. chan robles virtual law library

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. chanrobles virtual law library


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.chanrobles virtual law library 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.cralaw 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; chan robles virtual law library

(b) When government infrastructure projects with available funding are about to be implemented; or chan robles virtual law library

(c) When there is a court order for eviction and demolition. chanrobles virtual law

library

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; chan robles virtual law library

(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; chan robles virtual law library

(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.chanrobles virtual law library

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. chan robles virtual law library

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. chanrobles virtual law library 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. chan robles virtual law library

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; chan robles virtual law library

(b) Properties sold under the CMP shall be exempted from the capital gains tax; and chan robles virtual law library

(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.chanrobles virtual law library

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. chanrobles virtual law library


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. chanrobles virtual law library


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; chan robles virtual law library

(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. chanrobles virtual law library


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. chanrobles

virtual law library

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. cralaw 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 stimulate economic growth and promote socioeconomic development in the countryside. chan robles virtual law library

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. chan robles virtual law library

They shall prepare a comprehensive land use plan for their respective localities in accordance with the provisions of this Act.chanrobles virtual law library 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; chan robles virtual law library

(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 chan robles virtual law library

(3) Assistance in obtaining funds and other resources needed in the urban development and housing programs in their areas of responsibility.chanrobles virtual law library (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. chanrobles virtual law library

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. chanrobles virtual law library


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; chan robles virtual law library

(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; chan robles virtual law library

(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.chanrobles virtual law library


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.chanrobles virtual law library


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. chanrobles virtual law library


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.chanrobles virtual law library 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. chan robles virtual law library

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, otherwise known as the Expanded Senior Citizens Act of 2003″, is hereby further amended to read as follows:

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, otherwise known as the “Expanded Senior Citizens Act of 2003”, is hereby further amended to read as follows:

“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 people’s 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 Prosecutor’s Office, the regional or the municipal trial court, the municipal trial court in cities, or the municipal circuit trial court.”


“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.”


“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 7277Republic of the PhilippinesCONGRESS OF THE PHILIPPINESMetro ManilaFifth Regular SessionBEGUN AND HELD IN METRO MANILA, ON MONDAY, THE TWENTY SECOND DAY OF JULY, NINETEEN HUNDRED AND NINETY-ONE.Republic Act No. 7277AN ACT PROVIDING FOR THE REHABILITATION, SELF-DEVELOPMENT AND SELF-RELIANCE OF DISABLED PERSON AND THEIR INTEGRATIONINTO 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 PROVISIONSCHAPTER 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, self-development 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 non-government organizations. Disabled person’s 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 benefitsshall 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 thatare 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 non-government 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; and4) 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 employer’s 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 andresources, 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; and4) the type of operation or operations of the covered entity, including the composition, structure and functions of the work force of such entity; the geographicseparateness, 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 PERSONSCHAPTER I – EmploymentSECTION 5. Equal Opportunity for Employment No disabledpersons 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 – EducationSECTION 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 vocationaland technical school in every province a special vocational and technical training program for disabled persons. It shall develop and implement sports andphysical 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 visually-impaired, 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 visually-impaired, 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, whenviable, 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 ServicesSECTION 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 – TelecommunicationsSECTION 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 certifiedby the Social Welfare and Development Office of the local government unit concerned or the Department of Social Welfare and Development.CHAPTER 6 – AccessibilitySECTION 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.SECTION 28. Implementing Rules and Regulations 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 RightsSECTION 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 PERSONSCHAPTER 1 Discrimination on EmploymentSECTION 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; or2). 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 latter’s 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; and4). the results of such examination are used only accordance with this Act.CHPTER 2 Discrimination on TransportationSECTION 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 PublicAccommodations and ServicesSECTION 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, advantagesor 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; and3). 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 notseparate 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; and5). 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 CentersFree 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.SECTION 38. Implementing Rules and Regulations The Department of Public Works and Highway shall formulate the rules and regulations necessary to implement the provisions of this Chapter.TITLE FOUR FINAL PROVISIONSSECTION 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 donor’s 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 donor’s gross income for purposes of computing the taxable income subject to the provisions of Section 29 (h) of the Code.(b). Donations from foreign countries shall be exempt from taxes and duties on importation subject to the provisions of Section 105 of the Tariff and Customs Code of the Philippines, as amended, Section 103 of the NIRC, as amended and other relevant laws and international agreements.(c). Local manufacturing 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 contractor’s 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; and17). 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 Right1). 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 that1). any person or group of persons is engaged in a pattern of practice of discrimination under this Act; or2). 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 requiredby 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; and2). 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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