Magna Carta For Persons With Disabilities

14 Oct

I’ve been waiting forever for this.

When Republic Act 9442 amended RA 7277 (the country’s Magna Carta for Disabled Persons) last year, we thought that parents and primary caregivers of persons with diabilities (PWD) would finally be able to benefit from help from the government. The amended law not only stated the rights and privileges of PWDs; it also set forth the introduction of discounts for products and services that they need, inclusive of transportation, medical services and products, and basic commodities. For parents like us who shoulder the entire cost of our children’s education and health needs without any government (local or national) subsidy, this was truly a welcome development.

And yet, as we stand now, over a year into the signing of the amended law, we have yet to enjoy any of these benefits. That the Implementing Rules And Regulations are in the final stages of signing gives me a measure of hope. Despite the snail’s pace this law has taken, we remain optimistic that one day soon, the weakest members of our society will enjoy this law’s protection and benefits.

The following is an email update from Autism Society Philippines which I received today. I am posting it in its entirety.

 

Update on The Magna Carta for Persons with Disabilities

(First of a series)

ASP would like to thank NCDA Program Management Division and Lauro L. Purcil, Jr, member of the Sectoral Council of PWD, National Anti-Poverty Commission for providing valuable inputs for this article.

This article wishes to update our members on the RA 7277 and RA 9442 and Implementing Rules and Regulations (IRR). This article is for information purposes only. The government agency in charge of coordinating and policy recommendation for Persons with Disabilities (PWD) is the National Council on Disability Affairs (NCDA). The NCDA is now under the Office of the President.

 What is RA 9442?

 RA 9442 is the act amending RA 7277 otherwise known as the “Magna Carta for Disabled Persons”:

was signed into law on April 30, 2007.
contains the rights and privileges of persons with disabilities.
provides at least 20% discount on:

1.      selected land, air and sea transportation (except taxi/tricycle fares)

2.      identified services and commodities like:

medical and dental care services (incl. lab and professional fees) 
medicines, purchase of commodities, services in selected and identified establishments

3.      food, entertainment and recreational/cultural services

grants special discounts on the purchase of basic commodities
provides express lanes for persons with disability
also contains provisions on verbal, non verbal ridicule and vilification against persons  with disability

Click here to view the whole copy of the RA9442

 What is the IRR of RA 9442?

 1.   A Republic Act (RA) requires an Implementing Rules and Regulations (IRR).

2.   The IRR contains detailed provisions on how the RA is supposed to be implemented.

3.   Local Government Units (LGU) passes their own Local Ordinances to implement (put into practice) the law. This includes the IRR and its Guidelines.

4.      A city or municipal ordinance may also assign their own particular LGU service department(s) to oversee and implement the ordinance.

5.      The final implementation would require budget allocations in the production and distribution of IDs and booklets. 

 A Person with Disability (including autism) can avail of the privileges stated in the RA9442 and its IRR only if he has a validated PWD ID.  Since RA 9442 shall be implemented by several Government Agencies and LGU, each of the departments may provide their own specific guidelines for the issuance of PWD IDs and booklets.   

Currently, the IRR is already signed by all concerned government agencies.

Click here to view IRR of RA9442

*Please note that changes may be available right at the time of the publication of this article. Kindly refer back to the NCDA website for more information.
What is the current status for PWD ID application?

According to the Programs and Management Division of NCDA, (as of October 7, 2008) the following cities and municipalities are issuing the new PWD IDs:

NCR-Manila, Muntinlupa, Malabon, San Juan
 
Region I- Dagupan City, Candon (Ilocos Sur), Agoo, Aringan, Aringay, San Fernando City
 
Region II- Enrile (Cagayan), Santiago City, Nueva Viscaya (almost all municipalities)
 
Region III- Gerona, Olongapo City, Bulacan (almost all municipalities), Tarlac City, San Fernando City, Palayan City
 
Region IV-A- Biñan (Laguna), Santa Rosa (Laguna), San Pedro (Laguna), Tagaytay City, Cavite City, Cuenca ( Batangas)

Region IV-B- Pola (Oriental Mindoro), Calapan City (Mindoro)

Region VI- Iloilo City
 
Region VII- Cebu City, Calape (Bohol), Garcia (Bohol), Talisay City
 
Region X- Malaybalay, Gingoog City, El Salvador, CAR, Baguio City, Itogon, Atok,

CARAGA- Bislig City, Surigao City, Butuan City, Tandag City, Bayugan City, Cabadbaran City
 

As of October 7, 2008 no booklet for medicine and groceries benefit is available. Only the City of Manila issues the booklet for medicine discount. ASP will feature an article about this in the next series. 

Last September 30, 2008, the DOH just concluded its first public hearing on the guidelines relating to the purchase of medicines and other medical benefits. The DTI is finalizing its guidelines on the purchase of prime commodities.

How do I apply for a PWD ID?

On April 23, 2008, NCDA has issued guidelines regarding RA 9442. The PWD who wishes to apply for an ID should prepare the following:

Click here for more information

Our city or municipality does not provide for PWD ID application, what do I do next?
Please call NCDA office directly and ask for the schedule.
Tel No.  (632) 9298879, (632) 9261165
Fax No. (632) 9201503, (632) 9298879
NCDA email address: council@ncda.gov.ph

Can other agencies/organization apply for PWD ID on my behalf?
The Law authorizes ONLY the Local Government Units to issue the PWD ID.
Click here to know the guidelines

Can I use my PWD transportation discount ID to get my privileges other than for transportation?

Your PWD transportation discount ID authenticates that you are a PWD. You can use this ID to get 20% discounts on all air, sea and land transport.
Click here to know more about the PWD Transportation ID Discount Card.

Unfortunately, not all establishments will acknowledge the PWD Transportation Discount ID for other privileges. For discounts on medicines and prime commodities, booklets are yet to be issued.

Can you give me some tips?

As a private citizen of a democratic country, if we want to claim our rights, we must also do our duty.
1.      Study the RA 9442 and its IRR.

2.      Bring a copy of the RA 9442 wherever you go.   Click here to view the whole copy of the RA9442.

3.      Be an advocate yourself. Sign up to be a member of Autism Society Philippines .    Click here to sign up for membership

4.      Inform others about the law.

5.      Stay updated on the latest news on autism.

6.      Stay tuned to read stories on PWD IDs…..

 *Please note that changes may be available right at the time of the publication of this article. Kindly refer back to the NCDA website for more information.

 For more information please contact:

National Council on Disability Affairs
G/F SRA Building, North Avenue, Diliman, Quezon City, Philippines
Tel No.  (632) 9298879, (632) 9261165
Fax No. (632) 9201503, (632) 9298879
NCDA email address: council@ncda.gov.ph
NCDA website: http://www..ncda.gov.ph/

ASP works hard to empower Persons with Autism through public information. We continue in Sharing Hopes and Building Dreams for others.

Be an Autism Angel and help empower lives. Stay tuned for more information on RA 9442….
Sharing HOPES…Building DREAMS…

http://www.autismsocietyph.org/

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10 Responses to “Magna Carta For Persons With Disabilities”

  1. odette October 14, 2008 at 5:19 pm #

    not available yet in some cities in mindanao?
    this is a very good development for the philippines. this is widely practiced already here in europe, but just yesterday, there was a group of people with disabilities who went on a protest rally because the irish government is making a cut on their budget for next year.

  2. Ness October 14, 2008 at 7:33 pm #

    thanks for sharing this good news, kittymama.

  3. leirs October 15, 2008 at 12:11 pm #

    Mare naka-apply ka na ba?? Let me know how you did it ha?

  4. cathy November 7, 2008 at 11:25 am #

    we’re now formulating procedures for this to be implemented in our establishment… is april 30 also the effectivity date? I can’t find any document which states the date of publication in general circulation newspapers…

  5. Johann Mañoso April 1, 2010 at 8:36 pm #

    A State Procecutor in Bacolod City dismissed a case filed in violation of RA 9442 under section 39 and 40, nothwithstanding with the evidence and supporting documents.

  6. Ramon Baler May 1, 2010 at 8:30 pm #

    Even in the our justice system discrimation of PWD law exist.
    That state prosecutor must be punished.

  7. Bettina A. del Rosario October 5, 2010 at 11:13 am #

    Being a PWD myself, I have enjoyed the benefits of this law. However there is still a lack of implementations. Thank you for the article. I will link this to my site. Thank you.

    • Kittymama October 6, 2010 at 6:05 pm #

      I agree with you completely. We have good laws but implementing them is another issue altogether.

      Thank you for dropping by my blog and sharing your thoughts. Do come again!

  8. ronaldmilla December 10, 2010 at 12:24 am #

    im PWD and batas ay sa papel lang nasusulat ng mga mambabats, di naman naipatutupad at tinutupad, kahit may PWD card ako wala namn prebiliyo nakukuha . puro lang publisity yan.mga mambabatas maawa naman kayo sa may mga kapansanan

    • Kittymama December 12, 2010 at 1:16 pm #

      Kailangan nating ipagpilitan na magkaroon ng katuturan ang mga pribiliheyo para sa mga PWD. Kahit na kakarampot na tulong, kailangan nating kunin ito para hindi masayang ang batas, at sa ating paggamit nito, mapatunayan nating marami ang nakikinabang. YUng PWD card ng anak ko ay nagagamit sa pagbili ng pagkain at gamot niya (yun nga lamang, sa Watson’s ng SM pa lang ito gumagana at hindi pa sa Mercury). Maari rin itong gamitin para makakuha ng diskwento sa pagbibiyahe (bus/MRT/LRT/eroplano/barko) ngunit hindi lahat ay sumusunod pa sa probisyon ng batas na ito.

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