REPUBLIC ACT NO.

10361

BATAS KASAMBAHAY OR DOMESTIC WORKERS ACT

To better protect domestic workers, the Philippine Legislature enacted “Domestic Workers Act”

or “Batas Kaasmbahay”. Republic Act No. 10361 was signed by president Benigno Aquino III instating

the policies for the protection and welfare of domestic helpers.

Under the said law, domestic worker or “Kasambahay” refers to any person engaged in domestic

work within an employment relationship such as, but not limited to, the following: general househelp,

nursemaid or “yaya”, cook, gardener, or laundry person, but shall exclude any person who performs

domestic work only occasionally or sporadically and not on an occupational basis.

The term shall not include children who are under foster family arrangement, and are provided

access to education and given an allowance incidental to education, i.e. “baon”, transportation, school

projects and school activities.

Minimum age any person to be employed is persons not below 15 years of age otherwise

employing below the set threshold is criminally punishable.

Also, employers are mandated shall register all domestic workers under their employment in the

Registry of Domestic Workers in the barangay where the employer’s residence is located.

An employment contract shall be executed by and between the domestic worker and the employer

before the commencement of the service in a language or dialect understood by both the domestic worker

and the employer. The domestic worker shall be provided a copy of the duly signed employment contract

which must include the following:

(a) Duties and responsibilities of the domestic worker

(b) Period of employment

(c) Compensation
 (d) Authorized deductions

(e) Hours of work and proportionate additional payment

(f) Rest days and allowable leaves

(g) Board, lodging and medical attention

(h) Agreements on deployment expenses, if any

(i) Loan agreement

(j) Termination of employment

(k) Any other lawful condition agreed upon by both parties

The Department of Labor and Employment (DOLE) shall develop and disseminate a model

employment contract for domestic workers. In cases where the employment of the domestic worker is

facilitated through a private employment agency, the PEA shall keep a copy of all employment contracts

of domestic workers and shall be made available for verification and inspection by the DOLE.

The minimum wage of domestic workers shall not be less than the following:

a. P2,500 a month for those employed in the National Capital Region (NCR)

b. P2,000 a month for those employed in chartered cities and first class municipalities

c. P1,500 a month for those employed in other municipalities

The Regional Tripartite and Productivity Wage Boards (RTPWBs) are required to periodically

adjust, if proper, the minimum wage rates of domestic workers.

Payment of wages shall be made on time directly to the domestic worker to whom they are due in

cash at least once a month. The employer, unless allowed by the domestic worker through a written

consent, shall make no deductions from the wages other than that which is mandated by law. No

employer shall pay the wages of a domestic worker by means of promissory notes, vouchers, coupons,

tokens, tickets, chits, or any object other than the cash wage.
 In addition to the wages paid a domestic worker is also entitled to 13th month pay. The employer

shall at all times provide the domestic worker with a copy of the pay slip containing the amount paid in

cash every pay day, and indicating all deductions made, if any. What is more, copies of the pay slip shall

be kept by the employer for a period of 3 years.

Prohibitions related to wages were also stated by the republic act are as follows:

Interference in the disposal of wages. It shall be unlawful for the employer to interfere

with the freedom of any domestic worker to dispose of the latter’s wages. The employer shall not

force, compel or oblige the domestic worker to purchase merchandise, commodities or other

properties from the employer or from any other person, or otherwise make use of any store or

services of such employer or any other person.

Withholding of wages. It shall be unlawful for an employer, directly or indirectly, to

withhold the wages of the domestic worker. If the domestic worker leaves without any justifiable

reason, any unpaid salary for a period not exceeding 15 days shall be forfeited. Likewise, the

employer shall not induce the domestic worker to give up any part of the wages by force, stealth,

intimidation, threat or by any other means whatsoever.

As to rest period per day, domestic workers are entitled to an aggregate daily rest period of 8

hours per day. The domestic worker shall be entitled to at least 24 consecutive hours of rest in a week.

The employer and the domestic worker shall agree in writing on the schedule of the weekly rest day of the

domestic worker, but the employer shall respect the preference of the domestic worker as to the weekly

rest day when such preference is based on religious grounds. The domestic worker and the employer may

agree on the following:

a. Offsetting a day of absence with a particular rest day

b. Waiving a particular rest day in return for an equivalent daily rate of pay
 c. Accumulating rest days not exceeding 5 days, or

d. Other similar arrangements

A domestic worker who has rendered at least 1 year of service shall be entitled to an annual

service incentive leave of 5 days with pay. Any unused portion of said annual leave shall not be

cumulative or carried over to the succeeding years. Unused leaves shall not be convertible to cash

A domestic worker who has rendered at least 1 month of service shall be covered by the Social

Security System (SSS), the Philippine Health Insurance Corporation (PhilHealth), and the Home

Development Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits in accordance with the

pertinent provisions provided by law.

Premium payments or contributions shall be shouldered by the employer. However, if the

domestic worker is receiving a wage of P5,000 and above per month, the domestic worker shall pay the

proportionate share in the premium payments or contributions, as provided by law.

The domestic worker shall be entitled to all other benefits under existing laws.

No domestic worker shall be assigned to work in a commercial, industrial or agricultural

enterprise at a wage rate lower than that provided for agricultural or non-agricultural workers. In such

cases, the domestic worker shall be paid the applicable minimum wage.

The domestic worker and the employer may mutually agree for the former to temporarily perform

a task that is outside the latter’s household for the benefit of another household. However, any liability

that will be incurred by the domestic worker on account of such arrangement shall be borne by the

original employer. In addition, such work performed outside the household shall entitle the domestic

worker to an additional payment of not less than the existing minimum wage rate of a domestic worker. It

shall be unlawful for the original employer to charge any amount from the said household where the

service of the domestic worker was temporarily performed.

 It’s unlawful for the employer or any other person to require a domestic worker to make

deposits from which deductions shall be made for the reimbursement of loss or damage to tools,

materials, furniture and equipment in the household.

It’s unlawful for the employer or any person acting on behalf of the employer to place the domestic

worker under debt bondage, which refers to the rendering of service by the domestic worker as security or

payment for a debt where the length and nature of service is not clearly defined or when the value of the

service is not reasonably applied in the payment of the debt.

Rights and Privileges of Kasambahay

Standard of Treatment

The employer or any member of the household shall not subject a domestic worker or

“kasambahay” to any kind of abuse nor inflict any form of physical violence or harassment or any

act tending to degrade the dignity of a domestic worker.

Board, Lodging and Medical Attendance

The employer shall provide for the basic necessities of the domestic worker to include at

least 3 adequate meals a day and humane sleeping arrangements that ensure safety.

The employer shall provide appropriate rest and assistance to the domestic worker in case

of illnesses and injuries sustained during service without loss of benefits.

At no instance shall the employer withdraw or hold in abeyance the provision of these

basic necessities as punishment or disciplinary action to the domestic worker.

Guarantee of Privacy
 Respect for the privacy of the domestic worker shall be guaranteed at all times and shall

extend to all forms of communication and personal effects. This guarantee equally recognizes that

the domestic worker is obliged to render satisfactory service at all times.

Access to Outside Communication

The employer shall grant the domestic worker access to outside communication during

free time: Provided, that in case of emergency, access to communication shall be granted even

during work time. Should the domestic worker make use of the employer’s telephone or other

communication facilities, the costs shall be borne by the domestic worker, unless such charges are

waived by the employer.

Right to Education and Training

The employer shall afford the domestic worker the opportunity to finish basic education

and may allow access to alternative learning systems and, as far as practicable, higher education

or technical and vocational training. The employer shall adjust the work schedule of the domestic

worker to allow such access to education or training without hampering the services required by

the employer.

Prohibition Against Privileged Information

All communication and information pertaining to the employer or members of the

household shall be treated as privileged and confidential, and shall not be publicly disclosed by

the domestic worker during and after employment. Such privileged information shall be

inadmissible in evidence except when the suit involves the employer or any member of the

household in a crime against persons, property, personal liberty and security, and chastity.

Cessation of employment

Termination of service
 Neither the domestic worker nor the employer may terminate the contract before the

expiration of the term except on reasons allowed by law. If the domestic worker is unjustly

dismissed, the domestic worker shall be paid the compensation already earned plus the equivalent

of 15 days work by way of indemnity. If the domestic worker leaves without justifiable reason,

any unpaid salary due not exceeding the equivalent 15 days work shall be forfeited. In addition,

the employer may recover from the domestic worker costs incurred related to the deployment

expenses, if any, provided that the service has been terminated within 6 months from the

domestic worker’s employment.

If the duration of the domestic service is not determined either in stipulation or by the

nature of the service, the employer or the domestic worker may give notice to end the working

relationship 5 days before the intended termination of the service.

The domestic worker and the employer may mutually agree upon written notice to pre-

terminate the contract of employment to end the employment relationship.

Termination initiated by the domestic worker

The domestic worker may terminate the employment relationship at any time before the

expiration of the contract for any of the following causes:

(a) Verbal or emotional abuse of the domestic worker by the employer or any member of

the household;

(b) Inhuman treatment including physical abuse of the domestic worker by the employer

or any member of the household;

(c) Commission of a crime or offense against the domestic worker by the employer or

any member of the household;

 (d) Violation by the employer of the terms and conditions of the employment contract

and other standards set forth under this law;

(e) Any disease prejudicial to the health of the domestic worker, the employer, or

member/s of the household; and

(f) Other causes analogous to the foregoing.

Termination initiated by the employer

An employer may terminate the services of the domestic worker at any time before the

expiration of the contract, for any of the following causes:

(a) Misconduct or willful disobedience by the domestic worker of the lawful order of the

employer in connection with the former’s work;

(b) Gross or habitual neglect or inefficiency by the domestic worker in the performance

of duties;

(c) Fraud or willful breach of the trust reposed by the employer on the domestic worker;

(d) Commission of a crime or offense by the domestic worker against the person of the

employer or any immediate member of the employer’s family;

(e) Violation by the domestic worker of the terms and conditions of the employment

contract and other standards set forth under this law;

(f) Any disease prejudicial to the health of the domestic worker, the employer, or

member/s of the household; and

(g) Other causes analogous to the foregoing.

 REPUBLIC ACT No. 10022

AN ACT AMENDING REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE MIGRANT

WORKERS AND OVERSEAS FILIPINOS ACT OF 1995, AS AMENDED, FURTHER

IMPROVING THE STANDARD OF PROTECTION AND PROMOTION OF THE WELFARE

OF MIGRANT WORKERS, THEIR FAMILIES AND OVERSEAS FILIPINOS IN DISTRESS,

AND FOR OTHER PURPOSES

The Act became law on 8 March 2010 and took effect on 9 May 2010 after satisfying the

publication requirement. However, for the law to be effectively implemented, the Act required

Implementing Rules and Regulations (IRR). The IRR was prepared and signed July 8, 2010 and it

becomes fully effective after publication in two (2) newspapers of general circulation. It is expected that

said publication will be done soonest.

According to the law, OFW or migrant worker is a person to be engaged, is engaged, or has been

engaged in an activity for a consideration in a place where s/he is not a citizen. This also includes

individuals who are on board a vessel navigating in foreign seas other than a government ship used for

military or non-commercial purposes or an installation located on high seas or offshore.

Filipino migrant workers will only be deployed in countries where their rights are protected. Said

countries must have existing labor and social laws that includes protection of rights of migrant workers,

signatory to or ratifier of declarations or conventions that protects rights of workers, and has a concluded

bilateral agreement with the Philippine government.

Consequently, countries that accept migrant workers must take positive and concrete measures to

ensure that the rights of the workers are protected. At the same time, these countries must be compliant

with international rules and standards on migrant workers. Otherwise, a No Permit for Deployment will

be issued by POEA, after consultation with the Department of Foreign Affairs.

 This is defined as any act of canvassing, contracting, enlisting, transporting, utilizing, hiring, or

procuring workers for employment overseas, regardless if it’s for profit or not by an agency that is not

registered and authorized by the Labor Department. Promises, referrals, and advertisements of

employment abroad are also considered as acts of illegal recruitment.

Consequently, the law defined the term illegal recruitment by syndicate, which means illegal

recruitment was carried out by a group of three or more persons conspiring and confederating with one

another to commit illegal acts.

Illegal recruitment activities include but not limited to:

 Charging an amount that is higher than the amount indicated in the schedule of allowable fees.

 Publishing false information or notice related to recruitment or employment.

 Recruitment or placement of workers in jobs harmful to public health or morality.

 Withholding or denying travel documents from applicant workers before departure due to

monetary or financial considerations.

 Allowing non-Filipino citizen to manage or head a licensed recruitment / manning agency.

 Failure to submit pertinent recruitment information to the Department of Labor and Employment

such as job vacancies, status of employment of deployed workers, departure, and separation from

jobs among others.

 Imposing a compulsory and exclusive arrangement to applicant workers to avail of a loan ONLY

on specified entities or persons.

 Imposing a compulsory and exclusive arrangement to applicant workers to undergo medical or

health examination on specific and designated medical clinics. This also includes attending

trainings on designated training centers.

Take note that victims of illegal recruitment will be provided with free legal assistance.

National Reintegration Center for Overseas Filipino Workers

Also known as NRCO, this center was created by DOLE for returning OFWs to help in the

reintegration process, serve as a promotion house for local employment, and help in tapping and

developing skills for national development. The center will be open 24 hours, seven days a week,

including holidays.

Below are some of NRCO’s specific mandates:

 Develop and support programs for livelihood, savings, investment, financial literacy, and

entrepreneurship.

 Coordinate with appropriate stakeholders and institutions for promotion and development

of OFWs.

 Come up with a computer-based information system on returning OFWs, which will also

be accessible to recruitment agencies and employers.

 Develop and implement programs that will help promote the welfare of returning Filipino

migrant workers.

 Conduct research for policy recommendation and program development.

Compulsory Insurance Coverage for Agency-Hired Workers

According to the amended law, ALL agency-hired workers will be covered by a compulsory

insurance coverage policy and secured at no cost to the worker. It is effective for the entire duration of the

worker’s employment contract and cover:

  Accidental death with at least USD 15,000 survivor’s benefit payable to the migrant worker’s

beneficiary. The insurance provider shall likewise arrange and pay for the return of the

worker’s remains.

 Permanent total disablement with at least USD 7,500 disability benefit payable to the migrant

worker.

 Repatriation cost when the employment was terminated without just or valid cause, including

transport of personal belongings.

 Subsistence allowance benefit of at least USD 100 per month for a maximum of six months if

migrant worker is involved in a case or is in litigation.

 Money claims arising from employer’s liability.

Aside from monetary benefits, migrant worker is entitled to compassionate visit by one family

member in case s/he is confined in the hospital. Medical evacuation and repatriation must also be afforded

to the migrant worker when necessary.

The recruitment agency can freely choose an insurance provider PROVIDED that it is duly

registered with the Insurance Commission and is operational for at least P500 million. The recruitment

agency must provide an authenticated copy of the insurance policy after procurement since such policy is

needed to help secure the Overseas Employment Certificate (OEC).

Claims must be paid by the insurance company without any contest and as soon as substantiated

proof was presented.

 REPUBLIC ACT 8187

PATERNITY LEAVE ACT OF 1996

AN ACT GRANTING PATERNITY LEAVE OF SEVEN (7) DAYS WITH FULLPAY TO ALL

MARRIED EMPLOYEES IN THE PRIVATE AND PUBLIC SECTORS FOR THE FIRST FOUR

(4) DELIVERIES OF THE LEGITIMATE SPOUSE WITH WHOM HE IS COHABITING AND

FOR OTHER PURPOSES

Under the law, male employees in the private sector are entitled to a paternity leave under the

following conditions:

 The new father must be legally married to the mother of the newborn child

 He is an employee at the time of birth or miscarriage

 He is cohabiting with his wife at the time she gives birth or suffers a miscarriage

 He has applied for paternity leave within a reasonable time from the expected date of delivery

of his pregnant wife or within such period as provided by company rules or by collective

bargaining agreement

 His wife has given birth or suffered a miscarriage

If the employee does not avail of the paternity leave, this benefit is not convertible to cash nor is

it cumulative.

While application of paternity leave must be made before the delivery, it can only be used

AFTER the delivery of the child, unless company rules allow prior usage.

Duration of paternity leave is 7 Calendar days with full pay, consisting of basic pay and

mandatory allowances.
 This benefit is applicable to the first four (4) deliveries of the spouse of the employee with whom

he is cohabiting.
 REPUBLIC ACT NO. 8972

AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS AND THEIR

CHILDREN, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Leave benefits granted to a solo parent to enable him/her to perform parental duties and

responsibilities where physical presence is required. [Sec. 3 (d), RA 8972]

Coverage

Any solo parent or individual who is left alone with the responsibility of parenthood due to:

(1) Giving birth as a result of rape or and other crimes against chastity even

without a final conviction of the offender: Provided, That the mother keeps and raises the child;

(2) Death of spouse;

(3) Spouse is detained or is serving sentence for a criminal conviction for at least one (1) year;

(4) Physical and/or mental incapacity of spouse as certified by a public medical practitioner;

(5) Legal separation or de facto separation from spouse for at least one (1) year: Provided, that

he/she is entrusted with the custody of the children;

(6) Declaration of nullity or annulment of marriage as decreed by a court or by a church:

Provided, that he/she is entrusted with the custody of the children;

(7) Abandonment of spouse for at least one (1) year;

(8) Unmarried father/mother who has preferred to keep and rear his/her child/children, instead of

having others care for them or give them up to a welfare institution;

(9) Any other person who solely provide parental care and support to a child or children:

Provided, that he/she is duly licensed as a foster parent by the Department of Social Welfare and
 Development (DSWD) or duly appointed legal guardian by the court; and (10) Any family

member who assumes the responsibility of head of family as a result of the death, abandonment,

disappearance, or prolonged absence of the parents or solo parent for at least one (1) year. [Sec. 3

(a), RA 8972]

Conditions for Entitlement

A solo parent employee shall be entitled to the parental leave under the following conditions:

(1) He/she has rendered at least one (1) year of service, whether continuous or broken;

(2) He/she has notified his/her employer that he/she will avail himself/herself of it, within a

reasonable period of time; and

(3) He/she has presented to his/her employer a Solo Parent Identification Card, which may be

obtained from the DSWD office of the city or municipality where he/she resides. [Sec 19, Art. V, IRR,

RA 8972]

Availment

The parental leave is in addition to leave privileges under existing laws with full pay,

consisting of basic salary and mandatory allowances. It shall not be more than seven (7) working days

every year. [Sec. 8, RA 8972]

Grant of Flexible Work Schedule

The employer shall provide for a flexible working schedule for solo parents: Provided, that the

same shall not affect individual and company productivity: Provided, further, that any employer may

request exemption from the above requirements from the DOLE on certain meritorious grounds. [Sec. 6,

RA 8972]

Protection against Work Discrimination

 No employer shall discriminate against any solo parent employee with respect to terms and

conditions of employment on account of his/her status. [Sec. 7, RA 8972]

Termination of the Benefit

A change in the status or circumstance of the parent claiming the benefit under the law,

such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her

eligibility for these benefits. [Sec. 3 (a), RA 8972]

 HANDICAPPED WORKERS – DIFFERENTLY-ABLED WORKERS

[RA 7277 - Magna Carta for Disabled Persons,

as amended by RA 9442]

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 [Sec. 4 (a), RA 7277]

Impairment is any loss, diminution or aberration of psychological, physiological, or

anatomical structure or function [Sec. 4(b), RA 7277]

Disability shall mean:

a) physical or mental impairment that substantially limits one or more psychological,

physiological or anatomical function of an individual or activities of such individual; OR

b) a record of such an impairment; Or

c) being regarded as having such an impairment [Sec 4(c), RA 7277]

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. [Sec 4(d), RA 7277]

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 the Philippine society; thus, the Senate shall give full support to

the improvement of the total well-being of disabled persons and their integration into the

mainstream of society. Toward this end, the State shall adopt policies ensuring the
 rehabilitation, self-development and self-reliance of disabled persons. It shall develop their

skills and potentials to enable them to compete favorably for available opportunities.

b) Disabled persons have the same rights as other people to take their proper place in society.

They should be able to live freely and as independently as possible. This must be the concern

of everyone the family, community and all government and non-government organizations.

Disabled person’s rights must never be perceived as welfare services by the

Government.

c) The rehabilitation of the disabled persons shall be the concern of the Government in order to

foster their capability to attain a more meaningful, productive and satisfying life. To reach out

to a greater number of disabled persons, the rehabilitation services and 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 2, RA 7277]

Coverage

This Act shall covers all disabled persons and, to the extend herein provided, departments, offices

and agencies of the National Government or non-government organization involved in the attainment of

the objectives of this Act. [Sec 2, RA 7277]

 Rights of disabled workers

(1) Equal opportunity for employment

No disabled person shall be denied access to opportunities for suitable employment. A qualified

disabled EE 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. [Sec. 5

(par. 1), RA 7277]

(2) Reserved contractual positions

5% of all casual, emergency and contractual positions in the DSWD; DOH, DepEd; and other

government agencies, offices or corporations engaged in social development shall be reserved for

disabled persons. [Sec 5 (par. 2), RA 7277]

(3) Sheltered employment

Sheltered Employment refers to the provision of productive work for disabled persons through

workshop providing special facilities, income producing projects or homework schemes with a view to

given them the opportunity to earn a living thus enabling them to acquire a working capacity required

in open industry. [Sec 4(i), RA 7277] If suitable employment for disabled persons cannot be found

through open employment, 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 6, RA 7277]

Apprenticeship Opportunities.

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. [Art. 81 LC; Sec. 7, RA 7277] [Bernardo v

NLRC & FEBTC, 1999]

(4) Full minimum wage

All qualified handicapped workers shall receive the full amount of the minimum wage

rate prescribed herein. [Sec 7, Wage Order No. NCR-19] In this light, the Magna Carta for Disabled

Persons mandates that a qualified disabled EE should be given the same terms and

conditions of employment as a qualified able-bodied person. Since the Magna Carta accords them the

rights of qualified able-bodied persons, they are thus covered by Article 280 of the Labor Code. In the

present case, the handicap of petitioners (deafmutes) is NOT a hindrance to their work. The eloquent

proof of this statement is the repeated renewal of their employment

contracts. [Bernardo v. NLRC, G.R. No. 122917 (1999)]

Discounts and other privileges

Persons with disability shall be entitled to the following:

(a) At least 20% discount from all establishments relative to the utilization of all services in hotels

and similar lodging establishments; restaurants and recreation centers for the exclusive use or

enjoyment of persons with disability;

(b) A minimum of 20% discount on admission fees charged by theaters, cinema houses, concert

halls, circuses, carnivals and other places of culture, leisure and amusement for the exclusive use or

enjoyment of persons with disability;

(c) At least 20% discount for the purchase of medicines in all drugstores for the exclusive use or

enjoyment of persons with disability;

 (d) At least 20% discount on medical and dental services including diagnostic and laboratory fees

such as, but not limited to, x-rays, computerized tomography scans and blood tests, in all government

facilities, subject to guidelines to be issued by the DOH in coordination with the PHILHEALTH.

(e) At least 20% discount on medical and dental services including diagnostic and laboratory fees

and professional fees of attending doctors in all private hospitals and medical facilities, in accordance

with the rules and regulations to be issued by the DOH, in coordination with PHILHEALTH;

(f) At least 20% discount on fare for domestic air and sea travel for the exclusive use or

enjoyment of persons with disability;

(g) At least 20% discount in public railways, skyways, and bus fare for the exclusive use and

enjoyment of persons with disability.

(h) Educational assistance to persons with disability, for them to pursue primary, secondary,

tertiary, post tertiary, as well as vocational or technical education, in both public and private schools,

through the provision of scholarships, grants, financial aids, subsidies and other incentives to qualified

persons with disability, including support for books, learning materials and uniform allowance to the

extent feasible; Provided, That persons with disability shall meet minimum admission requirements;

(i) To the extent practicable and feasible, the continuance of the same benefits and privileges

given by the GSIS, SSS, and PAG-IBIG, as the case may be, as are enjoyed by those in actual service; (j)

To the extent possible, the government may grant special discounts in special programs for persons with

disability on purchase of basic commodities, subject to guidelines to be issued for the purpose by

the DTI and the DA; and (k) Provision of express lanes for persons with disability in all commercial and

government establishments; in the absence thereof, priority shall be given to them. [Sec 32, RA 7277, as

amended by RA 9442]

Conditions for entitlement

 (1) Persons with disability who are Filipino citizens upon submission of any of the

following as proof of his/her entitlement thereto:

(a) An identification card issued by the city or municipal mayor or the barangay captain of the

place where the persons with disability reside;

(b) The passport of the persons with disability concerned; or

(c) Transportation discount fare ID issued by the National Council for the Welfare

of Disabled Persons (NCWDP).

(2) The privileges may not be claimed if the persons with disability claim a higher discount as

may be granted by the commercial establishment and/or under other existing laws or in combination with

other discount program/s. [Sec 32, RA 7277, as amended by RA 9442]

Other Provisions Against Discrimination

(1) Discrimination of 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 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

related for the position in question and are consistent with business necessity;

(c) Utilizing standards, criteria, or methods of administration that:

 (i) have the effect of discrimination on the basis of disability; or

(ii) perpetuate the discrimination of others who are the subject to common administrative control.

(d) Providing less compensation, such as salary, wage or other forms of remuneration and fringe

benefits, to 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 the 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 test

purports to measure, rather than the impaired sensory, manual or speaking skills of such applicant or

employee, if any; and

(i) Excluding disabled persons from membership in labor unions or similar organizations. [Sec.

32, RA 7277 as amended by RA 9442]

(2) Employment Entrance Examination

Upon an offer of employment, a disabled applicant may be subjected to medical examinations, 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:

(i) supervisors and managers may be informed regarding necessary restrictions on the work or

duties of the employees and necessary accommodations:

(ii) first aid and safety personnel may be informed, when appropriate, if the disability

might require emergency treatment;

(iii) government officials investigating compliance with this Act shall be provided relevant

information on request; and

(iv) the results of such examination are used only in accordance with this Act. [Sec. 35, RA 7277

as amended by RA 9442]

(3) Prohibition on Verbal, Non -Verbal

Ridicule and Vilification Against Persons with Disability

(a) No individual, group or community shall execute any of these acts of ridicule against persons

with disability in any time and place which could intimidate or result in loss of self-esteem of the latter.

[Sec. 40, RA 7277, as amended by RA 9442]

(b) Any individual, group or community is hereby prohibited from vilifying any person with

disability which could result into loss of self-esteem of the latter. [Sec. 42, RA 7277, as amended

by RA 9442]
 Public Ridicule - The act of making fun of or contemptuous imitating or making mockery of

persons with disability whether in writing, or in words, or in action due to their impairments. [Sec. 33, RA

7277, as amended by RA 9442]

Vilification includes:

(1) The utterance of slanderous and abusive statements against a person with

disability; and/or,

(2) An activity in public which incites hatred towards, serious contempt for, or severe

ridicule of persons with disability. [Sec. 41, RA 7277, as amended by RA 9442]

Tax Incentives for Employers/ Establishments

(1) For employment of disabled persons - additional deduction, from their gross income,

equivalent to 25% of the total amount paid as salaries and wages to disabled persons

(a) Private entities

(b) Employ disabled persons either as regular EEs, apprentice or learner

(c) Provided such entities present proof as certified by the DOLE and the DOH [Sec. 8[b], RA

7277]

(2) For construction of disabled friendly facilities – additional deduction from their net taxable

income, equivalent to 50% of the direct costs of the improvements or modifications

(a) Private entities

(b) That improve or modify their physical

facilities in order to provide reasonable accommodation for disabled persons

(c) Does NOT apply to improvements or modifications or facilities required under BP 344. [Sec.

8 (c), RA 7277]
 (3) For establishments giving discounts – may claim such discounts as tax deductions based on

the net cost of the goods sold or services rendered

(a) The cost of the discount shall be allowed as deduction from gross income for the same taxable

year that the discount is granted

(d) The total amount of the claimed tax deduction net of VAT if applicable, shall be included in

their gross sales receipts for tax purposes and shall be subject to proper documentation and to the

provisions of the National Internal Revenue Code, as amended.

[Sec. 32, RA 7277, as amended by RA 9442]

Enforcement

Enforcement by the Secretary of Justice

(a) Denial of Right 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: The Secretary of Justice may commence a legal action in any appropriate

court if the Secretary has reasonable cause to believe that

(1) any person or group of persons is engaged in a pattern of practice of discrimination under this

Act; or

(2) any person or group of persons has been discriminated against under this Act and such

discrimination raises and issue of general public importance. [Sec 44, RA 7277]

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 45, RA

7277]

Penal Clause

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

penalties:

(i) 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

(ii) for any subsequent violation, a fine of not less than One hundred

thousand pesos (P100,000.00) but not exceeding Two hundred thousand pesos (P 200,000.00) or

imprisonment for less than two (2) years but not more than six (6) years,

or both at the discretion of the court.

(b) Any person who abuses the privileges granted herein shall be punished with imprisonment of

not less than six (6) months or a fine of not less than Five thousand pesos (P 5,000.00) but not more than

Fifty thousand pesos (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 46, RA 7277]