REPUBLIC ACT NO.
7796 required for specific jobs, tasks, occupations or group of related
AN ACT CREATING THE TECHNICAL EDUCATION AND SKILLS
DEVELOPMENT AUTHORITY, PROVIDING FOR ITS POWERS,
STRUCTURE 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 "Technical
Education and Skills Development Act of 1994" or the "TESDA Act of
1994".
SEC. 2. Declaration of Policy. - It is hereby declared the policy of
the State to provide relevant, accessible, high quality and efficient
technical education and skills development in support of
the development of high quality Filipino middle-level manpower
responsive to and in accordance with Philippine development goals
and priorities.
The State shall encourage active participation of various concerned
sectors, particularly private enterprises, being direct participants in
and immediate beneficiaries of a trained and skilled workforce, in
providing technical education and skills development opportunities.
SEC. 3. Statement of Goals and Objectives. - It is the goal and
objective of this Act to:
1. Promote and strengthen the quality of technical education and
skills development programs to attain international
competitiveness;
2. Focus technical education and skills development on meeting
the changing demands for quality middle-level manpower;
3. Encourage critical and creative thinking by disseminating the
scientific and technical knowledge base of middle-level
manpower development programs;
4. Recognize and encourage the complementary roles of public
and private institutions in technical education and skills
development and training systems; and
5. Inculcate desirable values through the development of moral
character with emphasis on work ethic, self-discipline, self-
reliance and nationalism.
SEC. 4. Definition of Terms. - As used in this Act:
1. "Skill" shall mean the acquired and practiced ability to carry out
a task or job;
2. "Skills Development" shall mean the process through which
learners and workers are systematically provided with
learning opportunities to acquire or upgrade, or both, their
ability, knowledge and behavior pattern required as
qualifications for a job or range of jobs in a given occupational
area;
3. "Technical Education" shall refer to the education process
designed at post-secondary and lower tertiary levels, officially
recognized as non-degree programs aimed at preparing
technicians, para-professionals and other categories of middle-
level workers by providing them with a broad range of general
education, theoretical, scientific and technological studies, and
related job skills training;
4. "Trade" shall mean any group of interrelated jobs or any
occupation which is traditionally or officially recognized as craft
or artisan in nature requiring specific qualifications that can be
acquired through work experience and/or training;
5. "Middle-Level Manpower" refers to those:
a. who have acquired practical skills and knowledge through
formal or non-formal education and training equivalent to
at least a secondary education but preferably at post-
secondary education with a corresponding degree of
diploma; or
b. skilled workers who have become highly competent in
their trade or craft as attested by industry;
6. "Private Enterprises" refers to an economic system under which
property of all kinds can be privately owned and in which
individuals, alone or in association with another, can embark on
a business activity. This includes industrial, agricultural, or agro-
industrial establishments engaged in the production,
manufacturing, processing, repacking or assembly of goods
including service-oriented enterprises;
7. "Trainers" shall mean persons who direct the practice of skills
towards immediate improvement in some task;
8. "Trainors/trainers" shall mean persons who provide training to
trainers aimed at developing the latter's capacities for
imparting attitudes, knowledge, skills and behavior patters
occupations.
9. "Trainees" shall mean persons who are participants in a
vocational, administrative or technical training program for the
purpose of acquiring and developing job-related skills;
10. "Apprenticeship" training within employment with compulsory
related theoretical instruction involving a contract between an
apprentice and an employer on an approved apprenticeable
occupation;
11. "Apprentice" is a person undergoing training for an approved
apprenticeable occupation during an apprenticeship
agreement;
12. "Apprenticeship Agreement" is a contract wherein a prospective
employer binds himself to train the apprentice who in turn
accepts the terms of training for a recognized apprenticeable
occupation emphasizing the rights, duties and responsibilities of
each party;
13. "Apprenticeable Occupation" is an occupation officially
endorsed by a tripartite body and approved for apprenticeable
by the Authority;
14. "Learners" refers to persons hired as trainees in semi-skilled
and other industrial occupations which are non-apprenticeable.
Learnership programs must be approved by the Authority;
15. "User-Led" or "Market-Driven Strategy" refers to a strategy
which promotes strengthened linkages between
educational/training institutions and industry to ensure that
appropriate skills and knowledge are provided by the
educational system;
16. "Dual System/Training" refers to a delivery system of quality
technical and vocational education which requires training to be
carried out alternately in two venues: in-school and in the
production plant. In- school training provides the trainee the
theoretical foundation, basic training, guidance and human
formation, while in-plant training develops his skills and
proficiency in actual work conditions as it continues to inculcate
personal discipline and work values;
17. "Levy Grant System" refers to a legal contribution from
participating employers who would be beneficiaries of the
program (often as a percentage of the payroll) which is
subsequently turned over or rebated to enterprises offering
employee training programs.
SEC. 5. Technical Education and Skills Development
Authority; Creation. - To implement the policy declared in this Act,
there is hereby created a Technical Education and Skills
Development Authority (TESDA), hereinafter referred to as the
Authority, which shall replace and absorb the National
Manpower and Youth Council (NMYC), the Bureau of Technical and
Vocational Education (BTVE) and the personnel and functions
pertaining to technical-vocational education in the regional offices of
the Department of Education, Culture and Sports (DECS) and the
apprenticeship program of the Bureau of Local Employment of the
Department of Labor and Employment.
SEC. 6. Composition of the Authority. - The Authority shall be
composed of the TESDA Board and the TESDA Secretariat.
SEC. 7. Composition of the TESDA Board. - The TESDA Board
shall be composed of the following:
The Secretary of Labor and Employment
Chairperson
Secretary of Education, Culture and Sports
Co-Chairperson
Secretary of Trade and Industry
Co-Chairperson
Secretary of Agriculture Member
Secretary of Interior and Local Government
Member
Director-General of the TESDA Secretariat
Member
In addition, the President of the Philippines shall appoint the
following members from the private sector: two (2) representatives,
from the employer/industry organization, one of whom shall be a
woman; three (3) representatives, from the labor sector, one of
whom shall be a woman; and two (2) representatives of the national
associations of private technical-vocational education and training
institutions, one of whom shall be a women. As soon as all the
members of the private sector are appointed, they shall so
organized themselves that the term of office of one-third (1/3) of
their number shall expire every year. The member from the private
sector appointed thereafter to fill vacancies caused by expiration of
terms shall hold office for three (3) years.
The President of the Philippines may, however, revise the
membership of the TESDA Board, whenever the President deems it
necessary for the effective performance of the Board's functions
through an
administrative order.
The TESDA Board shall meet at least twice a year, or as frequently
as may be deemed necessary by its Chairperson. In the absence of
the Chairperson, a Co-Chairperson shall preside. In case any
member of the Board representing the Government cannot attend
the meeting, he or she shall be regularly represented by an
undersecretary or deputy-director general, as the case may be, to be
designated by such member for the purpose.
The benefits, privileges and emoluments of the Board shall be
consistent with existing laws and rules.
SEC. 8. Powers and Functions of the Board. - The Authority
shall primarily be responsible for formulating, continuing,
coordinated and fully integrated technical education and skills
development policies, plans and programs taking into consideration
the following:
1. The State policy declared herein of giving new direction and
thrusts to efforts in developing the quality of Filipino human
resource through technical education and skills development;
2. The implementation of the above-mentioned policy requires the
coordination and operation of policies, plans, and programs of
different concerned sectors of Philippine society;
3. Equal participation of representatives of industry groups, trade
associations, employers, workers and government shall be
made the rule in order to ensure that urgent needs and
recommendations are readily addressed; and
4. Improved linkages between industry, labor and government
shall be given priority in the formulation of any national-level
plan.
The Board, shall have the following powers:
1. promulgate, after due consultation with industry groups, trade
associations, employers, workers, policies, plans, programs and
guidelines as may be necessary for the effective
implementation of this Act;
2. organize and constitute various standing committees,
subsidiary groups, or technical working groups for efficient
integration, coordination and monitoring technical education
and skills development programs at the national, regional, and
local levels;
3. enter into, make, execute, perform and carry-out domestic and
foreign contracts subject to existing laws, rules and
regulations.
4. restructure the entire sub-sector consisting of all institutions
and programs involved in the promotion and development of
middle-level manpower through upgrading, merger and/or
phase-out following a user-led strategy;
5. approve trade skills standards and trade tests as established
and conducted by private industries;
6. establish and administer a system of accreditation of both
public and private institutions;
7. establish, develop and support institutions' trainors' training
and/or programs;
8. lend support and encourage increasing utilization of the dual
training system as provided for by Republic Act. No. 7686;
9. exact reasonable fees and charges for such tests and trainings
conducted and retain such earnings for its own use, subject to
guidelines promulgated by the Authority;
10. allocate resources, based on the Secretariat's recommendations
for the programs and subjects it shall undertake pursuant to
approved National Technical Education and Skills Development
Plan;
11. determine and approve systematic funding schemes such as
the Levy and Grant scheme for technical education and skills
development purposes;
12. create, when deemed necessary, an Advisory Committee which
shall provide expert and technical advice to the Board to be
chosen from the academe and the private sector: Provided,
That in case the Advisory Committee is created, the Board is
hereby authorized to set aside a portion of its appropriation for
its operation; and
13. perform such other duties and functions necessary to carry out
the provisions of this Act consistent with the purposes of the
creation of TESDA.
SEC. 9. Power to Review and Recommend Action. - The
Authority shall review and recommend action to concerned
authorities on proposed technical assistance programs and grants-
in-aid for technical education or skills development, or both,
including those which may be entered into between
the Government of the Philippines and other nations, including
international and foreign organizations, both here and abroad.
SEC. 10. The TESDA Secretariat. - There is hereby created a
Technical Education and Skills Development Authority Secretariat
which shall have the following functions and responsibilities:
1. To establish and maintain a planning process and formulate a
national technical education and skills development plan in
which the member-agencies and other concerned entities of the
Authority at various levels participate;
2. To provide analytical inputs to policy decision-making of the
Authority on allocation of resources and institutional roles and
responsibilities as shall be embodied in annual agencies
technical education and skills development plans, in accordance
with the manpower plan for middle-level skilled worker as
approved by the Authority;
3. To recommend measures, and implement the same upon
approval by the Authority, for the effective and efficient
implementation of the national technical education and skills
development plan;
4. To propose to the Authority the specific allocation of resources
for the programs and projects it shall undertake pursuant to
approved national technical education and skills development
plan;
5. To submit to the Authority periodic reports on the progress and
accomplishment of work programs of implementation of plans
and policies for technical education and skills development;
6. To prepare for approval by the Authority an annual report to the
President on technical education and skills development;
7. To implement and administer the apprenticeship program as
provided for in Section 18 of his Act;
8. To prepare and implement upon approval by the Authority a
program for the training of trainers, supervisors, planners and
managers as provided for in Section 23 of this Act;
9. To enter into agreement to implement approved plans and
programs and perform activities as shall implement the
declared policy of this Act; and to perform such other functions
and duties as may be assigned by the Board.
SEC. 11. Director-General. - The TESDA Secretariat shall be
headed by a Director-General, who shall likewise be a member of the
TESDA Board. The Director-General shall be appointed by the
President of the Philippines and shall enjoy the benefits, privileges
and emoluments equivalent to the rank of Undersecretary.
As Chief Executive Officer of the TESDA Secretariat, the Director-
General shall exercise general supervision and control over its
technical and administrative personnel.
SEC. 12. Deputy Directors-General. - The Director-General shall
be assisted by two (2) Deputy Directors-General to be appointed by
the President of the Philippines on recommendation of the
TESDA Board. One to be responsible for Vocational and Technical
Education and Training and one to be responsible for Policies and
Planning.
The Deputy Directors-General shall enjoy the benefits, privileges and
emoluments equivalent to the rank of Assistant Secretary.
SEC. 13. Chief of Services for Administration. - The Director-
General shall also be assisted by a Chief of Services for
Administration who shall be a Career Civil Service Official to be
appointed by the TESDA Board.
SEC. 14. Structural Organization and Personnel. - The TESDA
Secretariat, in addition to the offices of the Director-General, Deputy
Director-General and Chief of Services for Administration shall
be composed of the following offices to be headed by an Executive
Director to be appointed by the Director-General and shall have the
rank and emoluments of Director IV.
Planning Office (PO) - The Planning Office shall be under the Office of
the Deputy Director-General and shall have the following functions:
1. To design and establish planning processes and methodologies
which will particularly enhance the efficiency of resource
allocation decisions within the technical education and skills
development sector;
2. To lead in the preparation and periodic updating of a national
plan for technical education and skills development which shall
become the basis for resource allocation decisions within the
sector;
3. To conduct researchers, studies and develop information
systems for effective and efficient planning and policy making
within the sector;
4. To develop and implement programs and projects aimed at
building up planning capabilities of various institutions within
the sector; and
5. To perform such other powers and functions as may be
authorized by the Authority.
Skills Standards and Certification Office (SSCO) - The Skills
Standards and Certification Office shall be under the office of the
Deputy Director-General and shall have the following functions:
1. To develop and establish a national system of skills
standardization, testing and certification in the country;
2. To design, innovate and adopt processes and methodologies
whereby industry groups and workers' guilds take note on
progressively the responsibility of setting skills standards for
identified occupational areas, and the local government units
actively participate in promoting skills standards, testing and
certification;
3. To establish and implement a system of accrediting private
enterprises, workers' associations and guilds and public
institutions to serve as skills testing venues;
4. To conduct research and development on various occupational
areas in order to recommend policies, rules and regulations for
effective and efficient skills standardization, testing and
certification system in the country; and
5. To perform such other duties and functions as may be
authorized.
National Institute for Technical Vocational and Education Training
(NITVET) - The National Institute for Technical Vocational and
Education Training to be under the office of the Deputy Director-
General and shall have the following functions:
1. To serve as the research and development arm of the
government in the field of the technical-vocational education
and training;
2. To develop curricula and program standards for various
technical-vocational education and training areas;
3. To develop and implement an integrated program for continuing
development of trainors, teachers and instructors within the
technical education and skills development sector;
4. To develop programs and project which will build up institutional
capabilities within the sector; and
5. To perform such other powers and functions as may be
authorized.
Office of Formal Technical Vocational Education and Training
(OFTVET) - The Office of Formal Technical Vocational Education and
Training to be under the office of the Deputy Director-General and
shall have the following functions:
1. To provide policies, measures and guidelines for effective and
efficient administration of formal technical-vocational education
and training programs implemented by various institutions in
the country;
2. To establish and maintain a system for accrediting,
coordinating, integrating, monitoring and evaluating the
different formal technical-vocational education and training
programs vis--vis the approved national technical education
and skills development plan;
3. To establish and maintain a network of institutions engaged in
institutionalized technical-vocational education and training,
particularly with local government units; and
4. To perform such other duties and functions as may be
authorized.
Office of the Non-Formal Technical-Vocational Education and Training
(ONFTVET) - The Office of the Non-Formal Technical-Vocational
Education and Training to be under the office of the Deputy Director-
General and shall have the following functions:
1. To provide direction, policies and guidelines for effective
implementation of non-formal community-based technical-
vocational education and training;
2. To accredit, coordinate, monitor and evaluate various non-
formal technical-vocational education and training programs
implemented by various institutions particularly, by local
government units;
3. To establish and maintain a network of institutions including
local government units, non-government organizations
implementing non-formal, community-based technical-
vocational education and training;
4. To perform such other powers and functions as may be
authorized.
Office of Apprenticeship (OA) - The Office of Apprenticeship shall be
under the office of the Deputy Director-General and shall have the
following functions:
1. To provide direction, policies and guidelines on the
implementation of the apprenticeship system;
2. To accredit, coordinate, monitor and evaluate all apprenticeship
schemes and program implemented by various institutions and
enterprises;
3. To establish a network of institutions and enterprises
conducting apprenticeship schemes and programs;
4. To perform such other powers and functions as may be
authorized.
Regional TESDA Offices - The Regional TESDA Offices shall be
headed by Regional Directors with the rank and emoluments of
Director IV to be appointed by the President. The Regional TESDA
Offices shall be under the direct control of the Director-General and
shall have the following functions:
1. To serve as Secretariat to Regional Technical Education Skills
Development (TESDA) Committee;
2. To provide effective supervision, coordination and integration of
technical education and skills development programs, projects
and related activities in their respective jurisdictions;
3. To develop and recommend TESDA programs for regional and
local-level implementation within the policies set by the
Authority.
4. To perform such other duties and functions as may be deemed
necessary.
SEC. 15. The Provincial TESDA Offices. - The Provincial Offices
shall be headed by Skill Development Officers who shall have the
rank and emoluments of a Director III.
The Provincial TESDA Offices shall be under the direct control of the
Director-General and shall have the following functions:
1. To serve as Secretariat to Provincial TESDA Committees;
2. To provide technical assistance particularly to local government
units for effective supervisions, coordination, integration and
monitoring of technical-vocational education and training
programs within their localities;
3. To review and recommend TESDA Programs for implementation
within their localities; and
4. To perform such other duties and functions as may be
authorized. Furthermore, the TESDA Secretariat maybe further
composed by such offices as may be deemed necessary by the
Authority. The Director-General shall appoint such personnel
necessary to carry out the objectives, policies and functions of
the Authority subject to civil service laws, rules and regulations.
SEC. 16. Compliance with the Salaries Standardization Law. -
The compensation and emoluments of the officials and employees of
the Authority shall be in accordance with the salary standardization
law and other applicable laws under the national compensation and
classification plan.
SEC. 17. Consultants and Technical Assistance, Publication
and Research. - In pursuing its objectives, the Authority is hereby
authorized to set aside a portion of its appropriation for the hiring of
services of qualified consultants, and private organizations for
research work and publication in the field of technical education and
skills development. It shall avail itself of the services of other
agencies of the Government as may be required.
SEC. 18. Transfer of the Apprenticeship Program. - The
Apprenticeship Program of the Bureau of Local Employment of the
Department of Labor and Employment shall be transferred to the
Authority which shall implement and administer said program in
accordance with existing laws, rules and regulations.
SEC. 19. Technical Education and Skills Development
Committees. - The Authority shall establish Technical Education and
Skills Development Committees at the regional and local levels to
coordinate and monitor the delivery of all skills development
activities by the public and private sectors. These committees shall
likewise serve as the Technical Education and Skills Development
Committees of the Regional and local development councils. The
compositions of the Technical Education and Skills development
Committees shall be determined by the Director-General subject to
the guidelines to be promulgated by the Authority.
SEC. 20. Skills Development Centers. - The Authority shall
strengthen the network of national, regional and local skills training
centers for the purpose of promoting skills development. This
network shall include skills training centers in vocational and
technical schools, technical institutes, polytechnic colleges, and all
other duly accredited public and private dual system educational
institutions. The technical education and skills development centers
shall be administered and operated under such rules and regulations
as may be established by the Authority in accordance with the
National Technical Education and Skills Development Plan.
SEC. 21. Formulation of a Comprehensive Development Plan
for Middle-Level Manpower. - The Authority shall formulate a
comprehensive development plan for middle-level manpower based
on a national employment plan or policies for the optimum
allocation, development and utilization of skilled workers for
employment entrepreneurship and technology development for
economic and social growth. This plan shall after adoption by the
Authority be updated periodically and submitted to the President of
the Philippines for approval. Thereafter, it shall be the plan for the
technical education and skills development for the entire country
within the framework of the National Development Plan. The
Authority shall direct the TESDA Secretariat to call on its member-
agencies, the private sector and the academe to assist in this effort.
The comprehensive plan shall provide for a reformed industry-based
training program including apprenticeship, dual training system and
other similar schemes intended to:
1. Promote maximum protection and welfare of the worker-
trainee;
2. Improve the quality and relevance and social accountability of
technical education and skills development;
3. Accelerate the employment-generation effort of the
government; and
4. Expand the range of opportunities for upward social mobility of
the school-going population beyond the traditional higher levels
of formal education. All government and non-government
agencies receiving financial and technical assistance from the
government shall be required to formulate their respective
annual agency technical education and skills development plan
in line with the national technical education and skills
development plan. The budget to support such plans shall be
subject to review and endorsement by the Authority to the
Department of Budget and Management. The Authority shall
evaluate the efficiency and effectiveness of agencies skills
development program and schemes to make them conform with
the quantitative and qualitative objectives of the national
technical education and skills development plan.
SEC. 22. Establishment and Administration of National Trade
Skills Standards. - There shall be national occupational skills
standards to be established by TESDA-accredited industry
committees. The Authority shall develop and implement a
certification and accreditation program in which private industry
groups and trade associations are accredited to conduct approved
trade tests, and the local government units to promote such trade
testing activities in their respective areas in accordance with the
guidelines to be set by the Authority. The Secretary of Labor and
Employment shall determine the occupational trades for mandatory
certification. All certificates relating to the national trade skills
testing and certification system shall be issued by the Authority
through the TESDA Secretariat.
SEC. 23. Administration of Training Programs. - The Authority
shall design and administer training programs and schemes the will
develop the capabilities of public and private institutions to
provide quality and cost-effective technical education and skills
development and related opportunities. Such training programs and
schemes shall include teacher's trainors' training, skills training for
entrepreneur development and technology development, cost-
effective training in occupational trades and related fields of
employment, and value development as an integral component of all
skills training programs.
SEC. 24. Assistance to Employers and Organizations. - The
Authority shall assist any employer or organization engaged in skills
training schemes designed to attain its objectives under rules
and regulations which the Authority shall establish for this purpose.
SEC. 25. Coordination of All Skills Training Schemes. - In order
to integrate the national skills development efforts, all technical
education and skills training schemes as provided for in this Act shall
be coordinated with the Authority particularly those having to do
with the setting of trade skills standards. For this purpose, existing
technical education and skills training programs in the Government
and in the private sector, specifically those wholly or partly financed
with government funds, shall be reported to the Authority which
shall assess and evaluate such programs to ensure their efficiency
and effectiveness.
SEC. 26. Industry Boards. - The Authority shall establish effective
and efficient institutional arrangements with industry boards and
such other bodies or associations to provide direct participation of
employers and workers in the design and implementation of skills
development schemes, trade skills standardization and certification
and such other functions in the fulfillment of the Authority's
objectives.
SEC. 27. Incentives Schemes. - The Authority shall develop and
administer appropriate incentive schemes to encourage government
and private industries and institutions to provide high-quality
technical education and skills development opportunities.
SEC. 28. Skills Development Opportunities. - The Authority shall
design and implement an effective and efficient delivery system for
quality technical education and skills development opportunities
particularly in disadvantaged sectors, with new tools of wealth
creation and with the capability to take on higher value-added
gainful activities and to share equitably in productivity gains.
SEC. 29. Devolution of TESDA's Training Function to Local
Governments. - In establishing the delivery system provided for in
the preceding Section, the Authority shall formulate, implement and
finance a specific plan to develop the capability of local government
units to assume ultimately the responsibility for effectively providing
community-based technical education and skills development
opportunities: Provided, however, That there shall be formulated and
implemented, an effective and timely retraining of TESDA personnel
that would be affected by the devolution to ensure their being
retained if the concerned local government units would not be able
to absorb them.
SEC. 30. Skills Olympics. - To promote quality skills development
in the country and with the view of participating in international
skills competitions, the Authority, with the active participation of
private industries, shall organize and conduct annual National Skills
Olympics. The Authority, through the TESDA Secretariat, shall
promulgate the necessary rules and guidelines for the effective and
efficient conduct of Annual National Skills Olympics and for the
country's participation in internationals skills olympics.
SEC. 31. The TESDA Development Fund. - A TESDA Development
Fund is hereby established, to be managed/administered by the
Authority, the income from which shall be utilized exclusively in
awarding of grants and providing assistance to training institutions,
industries, local government units for upgrading their capabilities
and to develop and implement training and training-related
activities. The contribution to the fund shall be the following:
1. A one-time lump sum appropriation from the National
Government;
2. An annual contribution from the Overseas Workers Welfare
Administration Fund, the amount of which should be part of the
study on financing in conjunction with letter (D) of Section 34;
3. Donations, grants, endowments, and other bequests or gifts,
and
4. any other income generated by the Authority.
The TESDA Board shall be the administrator of the fund, and as such,
shall formulate the necessary implementing guidelines for the
management of the fund, subject to the following: a) unless
otherwise stipulated by the private donor, only earnings of private
contributions shall be used; and b) no part of the seed capital of the
fund, including earnings, thereof, shall be used to underwrite
expenses for administration.
The Board shall appoint a reputable government-accredited
investment institutions as fund manager, subject to guidelines
promulgated by the Board.
SEC 32. Scholarship Grants. - The authority shall adopt a system
of allocation and funding of scholarship grants which shall be
responsive to the technical education and skills development needs
of the different regions in the country.
SEC 33. TESDA Budget. - The amount necessary to finance the
initial implementation of this Act shall be charged against the
existing appropriations of the NMYC and the BTVE. Thereafter, such
funds as may be necessary for the continued implementation of this
Act shall be included in the annual General Appropriations Act.
SEC 34. Transitory Provisions. - a) Within two (2) months after
the approval of this Act, the President shall, in consultation with the
Secretary of Labor and Employment and the Secretary of
Education, Culture and Sports, appoint the private sector
representatives of the TESDA Board.
b) Within (3) months after the appointment of the private sector
representatives, the President shall, upon the recommendation
of the Board, appoint the General-Director.
c) Within (4) months after the appointment of the Director General,
the Board shall convene to determine the organizational
structure and staffing pattern of the Authority.
d) Within (1) year after the organization of the Authority, the Board
shall commission an expert group on funding schemes for the
TESDA Development Fund, as provided in Section 31, the
results of which shall be used as the basis for appropriate action
by the Board.
The personnel of the existing National Manpower and Youth Council
(NMYC) of the Department of Labor and Employment and the Bureau
of Technical and Vocational Education (BTVE) of the Department of
Education, Culture and Sports, shall, in a holdover capacity, continue
to perform their respective duties and responsibilities and receive
their corresponding salaries and benefits until such time when the
organizational structure and staffing pattern of the Authority shall
have been approved by the Board: Provide, That the preparation and
approval of the said new organizational structure and staffing
pattern shall, as far as practicable, respect and ensure the security
of tenure and seniority rights affected government employees.
Those personnel whose positions are not included in the new staffing
pattern approved by the Board or who are not reappointed or who
choose to be separated as a result of the reorganization shall be
paid their separation or retirement benefits under existing laws.
SEC 35. Automatic review. - Every five (5) years, after the
affectivity of this Act, an independent review panel composed of
three (3) persons appointed by the President shall review the
performance of the authority and shall make recommendations,
based on its findings to the President shall review the performance
of the Authority and shall make the recommendations, based on the
findings to the President and to both Houses of Congress.
SEC. 36. Implementing Rules and Guidelines. - The TESDA
board shall issue, within a period of ninety (90) days after the
affectivity of this Act, the rules and regulations for the effective
implementation of this Act. The TESDA Board shall submit tot he
committees on Education, Arts and Culture of both Houses of
Congress copies of the implementing rules and guidelines within
(30) days after its promulgation. Any violation of this Section shall
render the official/s concerned liable under R. A. No. 6713, otherwise
known as the "Code of Conduct and Ethical Standards for Public
Officials and Employees" and other existing administrative and/or
criminal laws.
SEC. 37. Repealing Clause. - All laws, presidential decrees,
executive orders, presidential proclamations, rules and regulations
or part thereof contrary to or inconsistent with this Act are hereby
repealed or modified accordingly.
SEC. 38. Separability Clause. - If any provision of this Act is
declared unconstitutional, the same shall not affect the validity and
effectivity of the other provisions hereof.
SEC. 39. Effectivity. - This Act shall take effect fifteen (15) days
after its complete publication in two (2) newspapers of general
circulation.
Republic Act No. 7277
AN ACT PROVIDING FOR THE REHABILITATION, SELF-
DEVELOPMENT AND SELF-RELIANCE OF DISABLED PERSON
AND THEIR INTEGRATION INTO THE MAINSTREAM OF SOCIETY
AND FOR OTHER PURPOSES
TITLE I - GENERAL PROVISIONS
CHAPTER I - BASIC PRINCIPLE
Section 1. Title. This Act shall be known and cited as
the "Magna Carta for Disabled Persons."
Sec. 2. Declaration of Policy The grant of the rights and
privileges for disabled persons shall be guided by the following
principles:
(a) Disabled persons are part of Philippine society, thus the State
shall give full support to the improvement of the total well-
being of disabled persons and their integration into the
mainstream of society. Toward this end, the State shall adopt
policies ensuring the rehabilitation, self-development and self-
reliance of disabled persons. It shall develop their skills and
potentials to enable them to compete favorably for available
opportunities.
(b) Disabled persons have the same rights as other people to take
their proper place in society. They should be able to live freely
and as independently as possible. This must be the concern of
everyone the family, community and all government and
nongovernment organizations. Disabled persons' rights must
never be perceived as welfare services by the Government.
(c) The rehabilitation of the disabled persons shall be the concern
of the Government in order to foster their capacity to attain a
more meaningful, productive and satisfying life. To reach out to
a greater number of disabled persons, the rehabilitation
services and benefits shall be expanded beyond the traditional
urban-based centers to community based programs, that will
ensure full participation of different sectors as supported by
national and local government agencies.
(d) The State also recognizes the role of the private sector in
promoting the welfare of disabled persons and shall encourage
partnership in programs that address their needs and concerns.
(e) To facilitate integration of disabled persons into the mainstream
of society, the State shall advocate for and encourage respect
for disabled persons. The State shall exert all efforts to remove
all social, cultural, economic, environmental and attitudinal
barriers that are prejudicial to disabled persons.
Sec. 3. Coverage. This Act shall cover all disabled persons and,
to the extent herein provided, departments, offices and agencies of
the National Government or nongovernment organizations involved
in the attainment of the objectives of this Act.
Sec. 4. Definition of Terms. For purposes of this Act, these
terms are defined as follows:
(a) Disabled persons are those suffering from restriction or 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 or
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 function 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 tend to
single out and exclude disabled persons and which distort roles
and inter-personal relationships;
(g) Auxiliary Aids and Services include:
 (1) qualified interpreters or other effective methods of
delivering materials to individuals with hearing
impairments;
(2) qualified readers, taped tests, or other effective methods
of delivering materials to individuals with visual
impairments;
(3) acquisition or modification of equipment or devices;
and chan robles virtual law library
(4) other similar services and actions or all types of aids and
services that facilitate the learning process of people with
mental disability.
(h) Reasonable Accommodation include 1) improvement of existing
facilities used by employees in order to render these readily
accessible to and usable by disabled persons; and 2)
modification of work schedules, reassignment to a vacant
position, acquisition or modification of equipment or devices,
appropriate adjustments or modifications of examinations,
training materials or company policies, rules and regulations,
the provision 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 workshops providing special
facilities, income-producing projects or homework schemes with
a view to giving 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 and whose incomes fall below the
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
judgment as to what functions of a job are essential, and if an
employer has prepared a written description before advertising
or interviewing applicants for the job, this description shall be
considered evidence of the essential functions of the job;
(m) Readily Achievable means a goal can be easily attained and
carried out without much difficulty or expense. In determining
whether an action is readily achievable, factors to be
considered include
(1) the nature and cost of the action;
(2) the overall financial resources of the facility or facilities
involved in the action; the number of persons employed at
such facility; the effect on expenses and resources, or the
impact otherwise of such action upon the operation of the
facility;
(3) the overall financial resources of the covered entity with
respect to the number of its employees; the number, type
and location of its facilities; and chan robles virtual law
library
(4) the type of operation or operations of the covered entity,
including the composition, structure and functions of the
work force of such entity; the geographic separateness,
administrative or fiscal relationship of the facility or 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 an employer, employment agency, labor
organization or joint-labor management committee; and
(p) Commerce shall be taken to mean as travel, trade, traffic,
commerce, transportation, or communication among the
provinces or between any foreign country or any territory or
possession and any province.
TITLE II - RIGHTS AND PRIVILEGES OF DISABLED PERSONS
CHAPTER I - EMPLOYMENT
Sec. 5. Equal Opportunity for Employment. No disable
person 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 Departments 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.
Sec. 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.
Sec. 7. Apprenticeship. Subject to the provisions of the
Labor Code as amended, disabled persons shall be eligible
as apprentices or learners: Provided, That their handicap is
not as 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.
Sec. 8. Incentives for Employers. (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 persons 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 improve 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.
Sec. 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 potentials 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 provision 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 nongovernmental
organizations 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.
Sec. 10. Vocational Guidance and Counseling. The
Department of Social and Welfare and Development, shall
implement measures providing and evaluating vocational guidance
and counseling to enable disabled persons to secure, retain and
advance in employment. It shall ensure the availability and training
of counselors and other suitably qualified staff responsible for the
vocational guidance and counseling of disabled persons.
Sec. 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 the Disabled Persons (NCWDP)
shall promulgate the rules and regulations necessary to implement
the provisions under this Chapter.
CHAPTER II - EDUCATION
Sec. 12. Access to Quality Education. The State shall
ensure that disabled persons are provided with 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 institution 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 educational policies and
programs. 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,
especially higher learning institutions of auxiliary services that will
facilitate the learning process for disabled persons.
Sec. 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.
Sec. 14. Special Education. The State shall establish, maintain
and support complete, adequate and integrated system of special
education for the visually impaired, hearing impaired, mentally
retarded persons and other types of exceptional children in all
regions of the country. Toward 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.
Sec. 15. Vocational or Technical and Other Training
Programs. The State shall provide disabled persons with
training in civics, vocational efficiency, sports and physical
fitness, and other skills. The Department of Education,
Culture and Sports shall establish in at least one
government-owned vocational and technical school in every
province a special vocational and technical training program
for disabled persons. It shall develop and implement sports
and physical fitness programs specifically designed for
disabled persons taking into consideration the nature of
their handicap.
Sec. 16. Non-Formal Education. The State shall develop non-
formal 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.
Sec. 17. State Universities and Colleges. If viable and
needed, the State University or State College 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; (c) the
research on special problems, particularly of the visually-
impaired, hearing-impaired, speech-impaired, and
orthopedically-impaired students, mentally retarded, and
multi-handicapped and others, 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 necessary special facilities for visually-impaired,
hearing-impaired, speech-impaired, and orthopedically-impaired
students. It shall likewise allocate the necessary funds in support of
the above.
CHAPTER III - HEALTH
Sec. 18. National Health Program. The Department of Health
in coordination with the 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
postnatally;
(b) recognition and early diagnosis of disability; and
(c) early rehabilitation of the disabled.
Sec. 19. Rehabilitation Centers. The Department of Health
shall establish medical rehabilitation centers in government
provincial hospitals, and shall include in its 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.
Sec. 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
counseling; and early detection of disability and timely
intervention to arrest disabling condition; and
(b) medical treatment and rehabilitation.
The Department of Health shall field medical personnel specializing
in the treatment and rehabilitation of disabled persons to provincial
hospitals and, when viable, to municipal health centers. It shall also
train its field health personnel in the provision of medical attention
to disabled persons. It shall further ensure that its field health units
have the necessary capabilities to fit prosthetic and orthotic
appliances on disabled persons.
CHAPTER IV - AUXILIARY SOCIAL SERVICES
Sec. 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. Towards 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 improve
functional limitations of disabled persons related to
communication skills;
(c) development among disabled persons of a positive self-image
through the provision of counseling, 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
therefor for abandoned, neglected, abused and unattached
disabled persons who need custodial care; chan robles virtual
law library
(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 residential care or rehabilitation
centers; and
(g) provision of day care services for disabled children of pre-school
age.
 CHAPTER V - TELECOMMUNICATIONS
Sec. 22. Broadcast Media. Television stations shall be
encouraged to provide a signlanguage inset or subtitles in at least
one (1) newscast program a day and special programs covering
events of national significance.
Sec. 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.
Sec. 24. Free Postal Charges for the Disabled. Postal
charges shall be free on the following:
(a) articles and literatures 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 by abroad by
mail for repair:
Provided, That the aforesaid items are for personal purposes only:
Provided, further, That the disabled person is a marginalized
disabled as certified by the Social Welfare and Development Office
of the local government unit concerned or the Department of Social
Welfare and Development.
CHAPTER VI - ACCESSIBILITY
Sec. 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 governments shall allocate funds for the
provision of architectural facilities or structural features for disabled
persons in government buildings and facilities.
Sec. 26. Mobility. The State shall 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.
Sec. 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 suppletory to
this Act.
Sec. 28. Implementing Rules and Regulations. The Department of
Transportation and Communications shall formulate the rules and
regulations necessary to implement the provisions of this Chapter.
CHAPTER VII - POLITICAL AND CIVIL RIGHTS
Sec. 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 the 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
national or local elections.
Sec. 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 concerned action held in public.
Sec. 31. Right to Organize. The State recognizes the right 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 the 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
and 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 III - PROHIBITION ON DISCRIMINATION AGAINST
DISABLED PERSONS
CHAPTER I - DISCRIMINATION ON EMPLOYMENT
Sec. 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 job-related for the position in question
and are consistent with business necessity;
(c) Utilizing standards, criteria, or methods of administration that:
(1) have the effect of discrimination on the basis of disability;
or
(2) 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 involved to
the prejudice of the business entity: Provided, however, That
the employer first sought to provide reasonable
accommodations for disabled persons;
(h) Failing to select or administer in the most effective manner
employment tests which accurately reflect the skills, aptitude or
other factor of the disabled applicant or employee that such
tests 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 organizations.
Sec. 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 may be informed, when
appropriate, if the disability may require emergency
treatment;
(3) government officials investigating compliance with this Act
shall be provided relevant information on request; and
(4) the results of such examination are used only in
accordance with this Act.
CHAPTER II - DISCRIMINATION ON TRANSPORTATION
Sec. 34. Public Transportation. It shall be considered
discrimination for the franchisees 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 III - DISCRIMINATION ON THE USE OF PUBLIC
ACCOMMODATIONS AND SERVICES
Sec. 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.
Sec. 36. Discrimination on the Use of Public
Accommodations. (a) No disabled person shall be discriminated
on the basis of disability in the full and equal enjoyment of the
goods, services, facilities, privileges, advantages or
accommodations of any place of public accommodation by any
person who owns, leases, or operates a place of public
accommodation. The following constitute acts of discrimination:
(1) denying a disabled person, directly or through contractual,
licensing, or other arrangement, the opportunity to participate
in or benefit from the goods, services, facilities, privileges,
advantages, or accommodations of an entity by reason of his
disability;
(2) affording a disabled person, on the basis of his disability,
directly or through contractual, licensing, or other arrangement,
with the opportunity to participate in or benefit from a good
service, facility, privilege, advantage, or accommodation that is
not equal to that afforded to other able-bodied persons; and
(3) providing a disabled person, on the basis of his disability,
directly or through contractual, licensing, or other arrangement,
with a good, service, facility, advantage, privilege, or
accommodation that is different or separate form 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
(4) other opportunity that is as effective as that provided to
others;
For purposes of this Section, the term "individuals or class of
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, privileges,
advantages, and accommodations shall be afforded to
individual with a disability in the most integrated setting
appropriate to the needs of the individual.chan robles virtual
law library
(c) Opportunity to Participate Notwithstanding the existence of
separate or different programs or activities provided in
accordance with this Section, an individual with a disability shall
not be denied the opportunity to participate in such programs
or activities that are not separate or different.
(d) Association It shall be discriminatory to exclude or otherwise
deny equal goods, services, facilities, advantages, privileges,
accommodations or other opportunities to an individual or
entity because of the known disability of an individual with
whom the individual or entity is known to have a relationship or
association.
(e) Prohibitions For purposes of this Section, the following shall
be considered as discriminatory:
(1) the imposition or application of eligibility criteria that
screen out or tend to screen out an individual with a
disability or any class or individuals with disabilities from
fully and equally enjoying any goods, services, facilities,
privileges, advantages, or 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 modifications are
necessary to afford such goods, services, facilities,
privileges, advantages, or accommodations to individuals
with disabilities, unless the entity can demonstrate that
making such modifications would fundamentally alter the
nature of the goods, facilities, services, privileges,
advantages, or accommodations;
(3) failure to take such steps as may be necessary to ensure
that no individual with a 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, advantage or
accommodation being offered or would result in undue
burden;
(4) a failure to remove architectural barriers, and
communication barriers that are structural in nature, in
existing facilities, where such removal is readily
achievable; and
(5) where an entity can demonstrate that the removal of a
barrier under clause (4) is not readily achievable, a failure
to make such goods, services, facilities, privileges,
advantages, or accommodations available through
alternative methods if such methods are readily
achievable.
Sec. 37. Use of Government Recreational or Sports Centers
Free of Charge. Recreational or sports centers owned or
operated by the Government shall be used, free of charge, by
marginalized disabled persons during their social, sports or
recreational activities.
Sec. 38. Implementing Rules and Regulations. The
Department of Public Works and Highways shall formulate the rules
and regulations necessary to implement the provisions of this
Chapter.
TITLE IV - FINAL PROVISIONS
Sec. 39. Housing Program. The National Government shall
take into consideration in its national shelter program the special
housing requirements of disabled persons.
Sec. 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
undertakings that shall enhance the health, physical fitness and the
economic and social well-being of disabled persons.
Sec. 41. Support From Nongovernment 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, programs and projects is to be extended all possible
support by the Government.
The Government shall sponsor a volunteer service program which
shall harness the involvement of private individuals in the provision
of assistance to disabled persons.
Sec. 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 from the donor's tax subject to the
provisions of Section 94 of the National Internal Revenue Code
(NIRC), as amended and shall be allowed as deductions from the
donor's gross income for purposes of computing the taxable income
subject to the provisions of Section 29 (h) of the Code.
(b) Donations from foreign countries shall be exempt from taxes
and duties on importation subject to the provisions of Section
105 of the Tariff and Customs Code of the Philippines, as
amended, Section 103 of the NIRC, as amended and other
relevant laws and international agreements.
(c) Local manufacturing or technical aids and appliances used by
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 credit for taxes and duties on raw materials;
(15) access to bonded manufacturing/traded warehouse
system;
(16) exemption from taxes and duties on imported spare parts;
and
(17) exemption from wharfage dues and any export tax, duty,
impost and fee.
Sec. 43. Continuity Clause. Should any department or agency
tasked with the enforcement or formulation of rules and regulations
and guidelines for implementation of any provision of this Act is
abolished, merged with another department or agency or modified,
such shall not affect the enforcement or formulation of rules,
regulations and guidelines for implementation of this Act to the
effect that
(a) In case of abolition, the department or agency established to
replace the abolished department or agency shall take-over the
functions under this Act of the abolished department or agency.
(b) In case the department or agency tasked with the enforcement
or formulation of rules, regulations and guidelines for
implementation of this Act is merged with another department
or agency, the former shall continue the functions under this
Act of the merged department or agency.
(c) In case of modification, the department or agency modified
shall continue the functions under this Act of the department or
agency that has undergone the modification.
Sec. 44. Enforcement by the Secretary of Justice.
(a) Denial of Right
(1) Duty to Investigate the Secretary of Justice shall
investigate alleged violations of this Act, and shall
undertake periodic reviews of compliance of covered
entities under this Act.
(b) Potential Violations If the Secretary of Justice has reasonable
cause to believe that
(1) any person or group of persons is engaged in a pattern or
practice of discrimination under this Act; or
(2) any person or group or persons has been discriminated
against under this Act and such discrimination raises an
issue of general public importance, the Secretary of Justice
may commence a legal action in any appropriate court.
Sec. 45. Authority of Court. The court may grant any
equitable relief that such court considers to be appropriate,
including, to the extent required by this Act:
(a) granting temporary, preliminary or permanent relief;
(b) providing an auxiliary aid or service, modification of policy,
practice or procedure, or alternative method; and
(c) making facilities readily accessible to and usable by individuals
with disabilities.
Sec. 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 (P50,000.00) but not exceeding One hundred
thousand pesos (P100,000.00) or imprisonment of not less
than six (6) months but not more than two (2) years, or
both at the discretion of the court; and
(2) for any subsequent violation, a fine of not less than One
hundred thousand pesos (P100,000.00) but not exceeding
Two hundred thousand pesos (P200,000.00) or
imprisonment for not less than two (2) years but not more
than six (6) years, or both at the discretion of the court.
(b) Any person who abuses the privileges granted herein shall be
punished with imprisonment of not less than six (6) months or a
fine of not less than Five thousand pesos (P5,000.00), but not
more than Fifty thousand pesos (P50,000.00), or both, at the
discretion of the court.
(c) If the violator is a corporation, organization or any similar entity,
the officials thereof directly involved shall be liable therefor.
(d) If the violator is an alien or a foreigner, he shall be deported
immediately after service of sentence without further
deportation proceedings.
Sec. 47. Appropriations. The amount necessary to carry out
the provisions of this Act shall be included in the General
Appropriations Act of the year following its enactment into law and
thereafter.
Sec. 48. Separability Clause. Should any provisions of this Act
be found unconstitutional by a court of law, such provisions shall be
severed from the remainder of the Act, and such action shall not
affect the enforceability of the remaining provisions of this Act.
Sec. 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.
Sec. 50. Effectivity. This Act shall take effect fifteen (15) days
after its publication in any two (2) newspapers of general
circulation.
Republic Act No. 9547
AN ACT STRENGTHENING AND EXPANDING THE COVERAGE OF
THE SPECIAL PROGRAM FOR EMPLOYMENT OF STUDENTS,
AMENDING FOR THE PURPOSE PROVISIONS OF R.A. NO.
7323, OTHERWISE KNOWN AS THE SPECIAL PROGRAM FOR
EMPLOYMENT OF STUDENTS
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Section 1. Section 1 of R.A. 7323, otherwise known as the "Special
Program for Employment of Students (SPES)", is hereby amended to
read as follows:
 "SECTION 1. Any provision of law to the contrary
notwithstanding, any person or entity employing at least ten (10)
persons may employ poor but deserving students fifteen (15)
years of age but not more than twenty-five (25) years old, paying
them a salary or wage not lower than the minimum wage for
private employers and the applicable hiring rate for the national
and local government agencies: Provided, that student enrolled in
the secondary level shall only be employed during summer and/or
christmas vacations, while those enrolled in the tertiary,
vocational or technical education may be employed at any time of
the year: Provided, further, That their period of employment shall
be from twenty (20) to fifty-two (52) working days only, except
that during Christmas vacation, employment shall be from ten
(10) to fifteen (15) days which may be counted as part of the
students' probationary period should they apply in the same
company or agency after graduation: Provided, finally, That
students employed in activities related to their course may earn
equivalent academic credits as may be determined by the
appropriate government agencies.
"For purposes of this Act, poor but deserving students refer to
those whose parents' combined income, together with their own,
if any, does not exceed the annual regional poverty threshold
level for a family of six (6) for the preceding year as may be
determined by the National Economic and Development Authority
(NEDA). Employment facilitation services for applicants to the
program shall be done by the Public Employment Service Office
(PESO).
"Participating employers in coordination with the PESO, must
inform their SPES employees of their rights, benefits, and
privileges under existing laws, company policies, and employment
contracts."
Section 2. Section 2 of the same Act is hereby amended to read as
follows:
"SEC. 2. Sixty per centum (60%) of the said salary or wage shall
be paid by the employers in cash and forty per centum (40%) by
the government in the form of a voucher which shall be applicable
in the payment for the students' tuition fees and books in any
educational institution for secondary, tertiary, vocational or
technical education: Provided, That local government units (LGUs)
may assume responsibility for paying in full his salary or wages.
The amount of the education vouchers shall be paid by the
government to the educational institutions concerned within thirty
(30) days from its presentation to the officer or agency designated
by the Secretary of Finance.
"The vouchers shall not be transferable except when the payees
thereof dies or for a justifiable cause stops in his duties, in which
case it can be transferred to his brothers or sisters. If there be
none, the amount thereof shall be paid his heirs or to the payee
himself, as the case may be."
Section 3. Section 3 of the same Act is hereby amended to read as
follows:
"SEC. 3. The Secretary of Labor and Employment, the Secretary
of Education, the Chairman of the Commission on Higher
Education, the Secretary of Budget and Management, the
Secretary of Social Welfare and Development and the Secretary of
Finance shall issue the corresponding rules and regulations to
carry out the purposes of this act.
"The Secretary of Labor and Employment shall be the Program
Chairman."
Section 4. Section 4 of the same Act is hereby amended to read as
follows:
"SEC. 4. Any persons or entity who refuses to honor education
vouchers or makes any fraudulent or fictitious claim under this
Act, regardless of whether payment has been made, shall upon
conviction be punished with imprisonment of not less than six (6)
months and not more than one (1) year and a fine of not less than
Ten thousand pesos (P10,000.00), without prejudice to their
prosecution and punishment for any other offense punishable
under the Revised Penal Code or any other penal statute.
"In case of partnerships or corporations, the managing partner,
general manager, or chief executive officer, as the case may be,
shall be criminally liable."
Section 5. Section 5 of the same Act is hereby amended to read as
follows:
"SEC. 5. The Secretary of the Department of Labor and
Employment shall include in the Department's program the
operationalization of the expanded Special Program for the
Employment of Students.
"The amount necessary to carry out the purposes of this Act is
hereby authorized to be appropriated in the General
Appropriations Act for 1992 and the subsequent annual general
appropriations acts: Provided, That the appropriation, for the
purposes of this Act, shall not be reduced by Congress below the
amount appropriated for the previous year and, after approval;
shall be automatically and regularly released:Provided, further,
That the appropriation herein shall be increased by at least
twenty per centum (20%) annually."
Section 6. If any provision or part of this Act, or the application
thereof to any person or circumstance is held invalid or
unconstitutional, the remainder of this Act or the application of such
provision or part thereof to other persons or circumstances shall not
be affected thereby.
Section 7. All laws, orders, issuances, rules and regulations or parts
thereof inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.
Section 8. This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2)
newspapers of national circulation, whichever comes earlier.