Disability in the Philippines

Disabled individuals in the Philippines are defined as individuals "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".[1]

Impairment is defined as "any loss, diminution or aberration of psychological, physiological, or anatomical structure of function."[1]

Disability is defined as "(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."[1]

Handicap is defined as "a disadvantage for a given individual resulting from an impairment or a disability, that limits or prevents the functions or activity, that is considered normal given the age and sex of the individual."[1]

This law, the Magna Carta for Disabled Persons, is "an act providing for the rehabilitation, self-development and self-reliance of disabled persons and their integration into the mainstream of society and for other purposes." It outlines the rights and privileges of disabled persons and the prohibition on discrimination of PWDs. It was ratified on March 24, 1992.[8]

The Accessibility Law is an act enhancing the mobility of disabled persons that requires buildings, institutions, establishments and public utilities to install some facilities and other devices. This law requires the installation of sidewalks, ramps and railings for the PWDs in public spaces. It was ratified on December 7, 1982.[9]

The White Cane Act declares August 1 of every year as White Cane Safety Day in recognition of the visually impaired PWDs' need for assistance and as a reminder for the public of their duty to care for and respect them. The act was ratified on September 18, 1989.[10]

The Republic Act No. 10754 is an expansion of the benefits and privileges of PWDs in the Philippines as an amendment to the Magna Carta for Disabled Persons. It highlights the basic and societal benefits and privileges of PWDs. It was signed on December 1, 2016.[11]

Persons with Disability (PWD) are those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. Identification Cards shall be issued to any PWD with permanent disabilities due to any one or more of the following conditions: psychosocial, chronic illness, learning, mental, visual, orthopedic, speech and hearing conditions. This includes persons with disabling diseases resulting to the person's limitations to do day-to-day activities as normally as possible such as but not limited to those undergoing dialysis, heart disorders, severe cancer cases and such other similar cases resulting to temporary or permanent disability.

Under R.A. 10754, the benefits of persons with disabilities (PWDs) are the following:

1. 20% Discount and Value Added Tax Exemption on the purchase of certain goods and services such as Lodging Establishments, Restaurants, Recreation Centers, Purchase of Medicines and Foods for Special Medical Purposes, Medical and Dental Services, Diagnostic and Laboratory Fees and Professional Fees of Attending Doctors, Domestic Air and Sea Travel, Land Transportation Travel, Funeral and Burial Services for the Death of a PWD
2. Educational Assistance
3. Benefits from GSIS, SSS and Pag-Ibig based on their respective charters
4. Special Discounts in Special Programs
5. Express Lanes

The Bureau of Internal Revenue provides tax benefits and privileges to qualified persons with disability (PWD) as well as their benefactor or someone who cares and lives with the PWD under Revenue Regulations 5–2017. The BIR already provides tax benefits as early as 2009 through RR 1–2009.

The beneficiaries of BIR's regulation entitles PWD and their benefactors to at least 20 percent discount on the sale of select goods and services. RR 5-2017 specifically stated that benefactors regardless of citizenship must have fourth civil degree of consanguinity or affinity with the PWD while the previous regulation, RR 1-2009 did not have this restriction.

The Department of Education (DepEd) currently recognizes 648 Special Education (SPED) centers and regular schools in the Philippines offering the SPED program. Out of the 648, 471 cater to elementary students while 177 cater to High School students.[12] Among the government or public special schools are Jose Fabella Memorial School, NOH – School for Crippled Children, Philippine National School for the Blind, and Philippine School for the Deaf.[13] The SPED program offered by DepEd caters to learners with visual impairment, intellectual disability, learning disability, autism spectrum disorder, communication disorder, physical disability, emotional and behavioral disorder, multiple disability with visual impairment, and those who are orthopedically disabled, chronically ill, and gifted and talented.[12]

A SPED program may include a Self-contained/Special Class which is a separate class for one type of exceptionality, Itinerant Teaching or where a teacher provides direct consultations with the student at home or at school, or Inclusion wherein all children with different types of disabilities are taught together in one classroom. Enrolling a child with disability into a regular class may also be done through what is called Mainstreaming or Integration. Under Partial Integration, a student in a special needs class joins regular students in non-academic activities such as physical education, arts programs, and work education. If qualified, the student can eventually join in regular academic subjects. On the other hand, a child with special needs going through Full Integration takes part in both regular academic and non-academic classes.[12]

For universities and colleges, the National Council on Disability Affairs maintains a list of institutions which accept students with disabilities.[14]

University of the Philippines (UP) also has a special UP College Admission Test (UPCAT) which accommodates PWDs who wish to take the examination by providing materials such as a Braille test booklet and even sign language interpreters as well. Students with disabilities may take the exam under the circumstance that they pass the cut-off grade set by each campus.[15]

RA 10524 and its IRR aims to provide equal work opportunities to PWDs, promote rehabilitation, self-development, self-reliance and affirmation of PWDs as productive members of society while providing benefits for the private sector. Private corporations that employ PWDs receive an additional deduction of 25% from the private corporation's gross income of the total amount paid as salaries and wages to PWDs.[20] In order to receive this deduction they must submit a proof of employing PWDs registered in the Department of Labor and Employment (DOLE) and Department of Health (DOH). There is also an additional deduction from their net income if their modified facilities cater to PWDs given that these modifications are separate from the requirement of Batas Pambansa (BP) Blg, 344, or the Act to Enhance the Mobility of Disabled Persons.[20]