Paper 8
Philippines
Mateo A. Lee, Jr.
Deputy Director
National Council for the Welfare of Disabled Persons
Department of Social Welfare and Development
Philippines
1
The designations employed and the presentation of the material in this paper do not imply
the expression of any opinion whatsoever on the part of the Secretariat of the United
Nations concerning the legal status of any country, territory, city or area, or of its authorities,
or concerning the delimitation of its frontiers or boundaries.
The opinions, figures and estimates set forth in this paper are the responsibility of the
author(s), and should not necessarily be considered as reflecting the views or carrying the
endorsement of the United Nations.
The mention of firm names and commercial products does not imply the endorsement of the
United Nations.
2
Contents
8.
8.1.
8.2.
8.3.
8.4.
8.5.
8.6.
Philippines
Overview of the domestic legislative framework on disability in the Philippines ....... 5
8.1.1. The 1987 Philippine Constitution ......................................................................5
8.1.2. The Magna Carta for Persons with Disabilities .................................................6
8.1.3. Other legislation on disability in the Philippines ..............................................7
Assessment of the domestic legislative framework on disability in light of the
harmonization with the CRPD.............................................................................................. 9
8.2.1. Definition ...........................................................................................................9
8.2.2. Equality and non-discrimination (CRPD, article 5).........................................10
8.2.3. Women with disabilities (CRPD, article 6) ......................................................11
8.2.4. Children with disabilities (CRPD, article 7) ....................................................12
8.2.5. Accessibility (CRPD, article 9) .........................................................................12
8.2.6. Right to life (CRPD, article 10).........................................................................13
8.2.7. Recognition before the law, legal capacity and decision-making (CRPD,
article 12) ..........................................................................................................13
8.2.8. Access to justice (CRPD, article 13) .................................................................14
8.2.9. Liberty and security of the person (CRPD, article 14) .....................................15
8.2.10. Freedom from torture or cruel, inhuman or degrading treatment or
punishment (CRPD, article 15); Freedom from exploitation, violence and
abuse (CRPD, article 16); Protecting the integrity of the person (CRPD,
article 17) ..........................................................................................................16
8.2.11. Liberty of movement and nationality (CRPD, article 18) ................................16
Issues and obstacles in harmonizing the domestic legislative measures with the
CRPD, including the requirements under articles 4 (1)(a) and 4(1)(b).......................... 18
National bodies to monitor the implementation of the CRPD ....................................... 18
Recommendation for actions for harmonization of domestic laws with the CRPD ... 19
References .............................................................................................................................. 19
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ABBREVIATIONS
ATMs
CRPD
Magna Carta
NCCDP
NCDA
NCWDP
Automated Teller Machines
Convention on the Rights of Persons with Disabilities
Magna Carta for Persons with Disabilities
National Commission Concerning Disabled Persons
National Council on Disability Affairs
National Council for the Welfare of Disabled Persons
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8.1.
Overview of the domestic legislative framework on disability in the Philippines
1.
The Philippine legal system is influenced primarily by the Spanish and American
legal systems. This is because the Philippines were under Spanish and American colonial
rule for more than 300 years. The Philippine laws such as those regarding family relations
and obligations, contracts and succession, including the Civil Code, are substantially
patterned after the civil code of Spain. On the other hand, public law, notably constitutional
law, administrative law and the law concerning public offices, among others, are based to a
great extent on American legal traditions.
8.1.1.
The 1987 Philippine Constitution
2.
The 1987 Constitution contains provisions which protect the voting right of persons
with disabilities as follows: “The Congress shall provide a system for securing the secrecy
and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos
abroad. The Congress shall also design a procedure for the disabled and the illiterates to
vote without the assistance of other persons. Until then, they shall be allowed to vote under
existing laws and such rules as the Commission on Elections may promulgate to protect the
secrecy of the ballot” (Philippines 1987, article 5, section 2(a)).
3.
The Constitution also provides for sectoral representation in the House of
Representatives, through a party list system either by selection or election from various
sectors. Specifically, it states that:
(1) “The House of Representatives shall be composed of not more than two hundred and
fifty members, unless otherwise fixed by law, who shall be elected from legislative
districts apportioned among the provinces, cities, and the Metropolitan Manila area
in accordance with the number of their respective inhabitants, and on the basis of a
uniform and progressive ratio, and those who, as provided by law, shall be elected
through a party-list system of registered national, regional, and sectoral parties or
organizations;
(2) The party-list representatives shall constitute twenty per centum of the total number
of representatives including those under the party list. For three consecutive terms
after the ratification of this Constitution, one half of the seats allocated to party-list
representatives shall be filled, as provided by law, by selection or election from the
labor, peasant, urban poor, indigenous cultural communities, women, youth, and
such other sectors as may be provided by law, except the religious sector”
(Philippines 1987, article 6, section 5).
4.
During the time of President Aquino, persons with disabilities were considered to be
included in the “other sectors” mentioned by the law and the sector of persons with
disabilities was represented in the House of Representatives.
5.
The Republic Act No. 7941 further provides that “the State shall promote
proportional representation in the election of representatives to the House of
Representatives through a party-list system of registered national, regional and sectoral
parties or organizations or coalitions thereof, which will enable Filipino citizens belonging to
the marginalized and underrepresented sectors, organizations and parties, and who lack
well-defined political constituencies but who could contribute to the formulation and
enactment of appropriate legislation that will benefit the nation as a whole, to become
members of the House of Representatives. Towards this end, the State shall develop and
5
6.
The Constitution also mandates the State, through the National Government, to
provide and adopt an integrated and comprehensive approach to health development and
endeavor to make essential goods, health and other social services available to all people at
affordable cost. It provides that “there shall be priority for the needs of the under-privileged,
sick, elderly, disabled, women, and children. The State shall endeavor to provide free
medical care to paupers” (Philippines 1987, article 13, section 11).
7.
In addition, the Constitution further states that the State shall establish a special
agency for persons with disabilities for their rehabilitation, self-development and selfreliance and their integration into the mainstream of society (ibid., article 13, section 13).
8.
Furthermore, the Constitution emphasizes that all Filipino children shall have access
to quality education. In fact, it compels all parents to send their children to elementary
education. It means that elementary education for all children is compulsory and public
elementary education is free from any tuition fees, without sacrificing the quality of
education offered. The Constitution also provides adult citizens, persons with disabilities
and out-of-school youth with training in civics, vocational efficiency and other skills
(Philippines 1987).
8.1.2.
The Magna Carta for Persons with Disabilities
9.
In 1992, the then National Council for the Welfare of Disabled Persons (NCWDP)
advocated for the passage of rights-based legislation and for an anti-discrimination measure
known as the “Magna Carta for Persons with Disabilities” (Philippines 1992) (Magna Carta).
This law grants persons with disabilities access to:
(1) Suitable employment training and livelihood including vocational counselling and
rehabilitation;
(2) Quality education from the elementary, secondary, tertiary and post graduate
education with the provision for financial assistance to deserving students;
(3) Comprehensive health services to include training of medical and paramedical
personnel in providing for the health needs of persons with disabilities such as
provisions and manufacturing of orthotic and prosthetic appliances and other mobility
aides or assistive devices; and
(4) Provisions of auxiliary social services which include substitute family care for
abandoned and neglected persons with disabilities, family counselling and acquisition
of assistive devices through local government units.
10.
The law further requires that all television media provide inset and subtitling
features in public affairs programme covering significant events of public importance. A
barrier free physical environment is also promoted. For example, persons with disabilities
are to be allowed to drive motor vehicles customized to their needs, supplementing Batas
Pambansa Bilang 344, or the Accessibility Law.
11.
The Magna Carta also protects the right of persons with disabilities to vote by
requiring the Government to provide accessible polling precincts and authorizing nearest of
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12.
Further, the rights of persons with disabilities to organize and to form associations
not contrary to law, as well as the right to assemble peaceably and to petition the
Government for redress of grievances are protected under this law. In addition, the Magna
Carta for Persons with Disabilities requires that children with disabilities shall be admitted
by all educational institutions and refusal to admit them constitutes a violation of the law
(Philippines 1992). The rest of the provisions include anti-discrimination in the area of
employment, medical examination, transportation and public accommodation for access to
goods and services. The Magna Carta also mandates the Government to ensure that housing
and recreational facilities are accessible and available to persons with disabilities.
13.
On April 30, 2007, Republic Act No. 9442, an Act amending Republic Act No. 7277,
was signed into law by President Gloria Macapagal-Arroyo. The title of the Republic Act
No. 7277 was amended to read as the "Magna Carta for Persons with Disability", and all
references in the original law to "disabled persons" were likewise amended to read as
"persons with disability"(Philippines 2007, section 4). The law also provides for penalties for
vilifying and subjecting a person to public ridicule on account of disability, stating: “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”(ibid., section 2). It adds that: “Any individual, group or community is hereby
prohibited from vilifying any person with disability which could result into loss of selfesteem of the latter”(ibid.) This law provides persons with disabilities the privileges of 20
per cent discount on all purchases of basic services. These include medicine and also a 5 per
cent discount on the purchase of basic necessities and commodities.
8.1.3.
Other legislation on disability in the Philippines
14.
Since 1981, when the United Nations declared the International Year of Disabled
Persons, the Philippine Government has opened up a wider range of negotiations of
opportunities for persons with disabilities.
15.
The National Commission Concerning Disabled Persons (NCCDP), established by
former President Ferdinand Marcos under the Office of the President by Presidential Decree
No. 1509, coordinates and integrates all programmes of the Government, including those
related to non-governmental activities, to address effectively the needs of persons with
disabilities. Significantly, the Presidential decree includes the following passage, expressing
its full support of an ECOSOC resolution on persons with disabilities and establishing the
NCCDP.
“Declaration of Policy. The Government of the Republic of the Philippines hereby
declares its full acceptance and support for the United Nations Economic and Social
Council Resolution on May 6, 1975, particularly the following portion: ‘BELIEVING
that the problem of disability is an appreciable component of the economic and social
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condition of every country and, consequently, that programs to prevent disability
and to rehabilitate the disabled are an essential part of comprehensive plans for
economic and social development, responsibility for which must be assumed by
Governments working, as appropriate, with non-governmental organization”
(Philippines 1978, section 1).
"Creation of the National Commission Concerning Disabled Persons. There is hereby
created a National Commission, hereinafter referred to as the ‘Commission’, which
shall be under the supervision and control of the Office of the President of the
Philippines” (ibid., section 2).
“Powers and Functions of the Commission. (a) To monitor and evaluate all projects,
programs and activities pertaining to the welfare of the handicapped and to take
appropriate steps to insure that they comply with established priorities, standards
and guidelines”(ibid., section 4).
16.
The programmes for persons with disabilities are under the jurisdiction of various
Government agencies. The Department of Social Welfare and Development is responsible
for vocational training, rehabilitation including counselling and other social services. The
Department of Education is responsible for special education at the elementary and high
school level. Accessible transportation is under the Department of Transportation and
Communication. The Department of Public Works and Highways, together with the
Building Officials in the Local Government Units nationwide is responsible for making
roads, buildings, parks, and other such infrastructure for the public use accessible. This is
pursuant to Batas Pambansa Bilang 344 or the Accessibility Law (Philippines 1982a). The
Commission on Higher Education is mandated under the Magna Carta to ensure
universities and colleges provide persons with disabilities with access to the higher
education level (Philippines 1992). This includes scholarships, accessible facilities and such
other reasonable accommodation.
17.
The Department of Labor and Employment is responsible for providing persons with
disabilities vocational training and suitable employment. The Magna Carta states “that
Equal Opportunity for Employment —No disabled 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 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”(ibid., section 5). The law further states that “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” (ibid., section 9).
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18.
The National Council on Disability Affairs (NCDA), under Executive Order No. 709
is the focal agency that co-ordinates all these programmes for persons with disabilities in the
above-mentioned national Government agencies (Philippines 2008). The purpose is to
ensure maximization of existing limited resources and to avoid red tape and duplication of
services. In other words, the Government is approaching the needs of the people on a
sectoral basis. Under the existing legislation, persons with disabilities are treated as
belonging to one special sector. For example, there are laws protecting women, children,
older people, the urban poor, indigenous people, peasant farmers and fisher folk. Similarly,
for this study the laws that protect persons with disabilities as a sector or as a distinct group
of people in Philippine society are presented.
19.
The NCCDP, which became the NCWDP under the Aquino administration and
which was last renamed as the NCDA in the Arroyo administration in 2008, is the
Government arm which focuses on policy plan formulation, research and data collection,
advocacy, monitoring and evaluation of programmes and services relating to persons with
disabilities.
20.
In 1982, the then NCCDP contributed to the passage of the Accessibility Law,
mandating all Government and non-government establishments for the public use to
provide accessible facilities, to enhance the mobility of Filipinos with disabilities and to
move towards a barrier free physical environment (Philippines 1982a).
21.
In 1989, the then NCWDP pushed for the passage of Republic Act No. 6759, a law
declaring August 1 of each year as the “White Cane Safety Day”. This is an awareness
raising measure to provide the public with an understanding of the proper way to assist
persons with visual impairments in their day-to-day mobility using white canes (Philippines
1989).
22.
The legislation listed were the Government’s response to approaching the needs of
persons with disabilities, as a group. Now having ratified the Convention on the Rights of
Persons with Disabilities (CRPD), the above laws, together with the Philippines
Constitution, will be the fundamental foundation of the Government’s initiatives to
harmonize domestic laws with the CRPD.
8.2.
Assessment of the domestic legislative framework on disability in light of the
harmonization with the CRPD
8.2.1.
Definition
23.
The Magna Carta defines ”persons with disabilities” as “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”(Philippines 1992, section 4(a)). Disability is to mean “1) a physical or mental
impairment that substantially limits one or more psychological, physiological or anatomical
functions of an individual or activities of such individual; 2) a record of such an impairment;
or 3) being regarded as having such an impairment”(ibid., section 4(b)).
24.
Clearly, this definition includes mental and intellectual disability, other than physical
and sensory disability because the restrictions suffered by the individual in his/her activities
can be the result of mental or physical impairment. For example, a person with impaired
psychosocial functioning whether due to biologically drawn disorders or to accidents may
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25.
However, the definition does not include the relationship of the individual’s ability
to perform an activity and its interaction in the environment. The limitation in the
performance of an activity in the definition is confined merely to a limitation as a result of an
impairment, which is medical in nature and does not include physical and attitudinal
barriers. The legislation does intend to have a social model definition of the concepts of
disability as expressed in the declaration of policy, “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”(ibid., section
2(e)). However, this policy objective is not reflected in the definition.
26.
Under the Philippines legislation, the English words “handicap” and “disabled
person” are used interchangeably. For example, the Labor Code of the Philippines defines
“handicapped workers” as “those whose earning capacity is impaired by age or physical or
mental deficiency or injury” (Philippines 1974a, article 78). Alternatively, “disability” is
defined by the Republic Act No. 8291, the law that governs the welfare benefits of
Government workers, as follows “Any loss or impairment of the normal functions of the
physical and/or mental faculty of a member which reduced or eliminates his/her capacity
with his/her current gainful occupation or engage in any other gainful
occupation”(Philippines 1997b). “Handicap” and “disability” under these legislation are
perceived as the result of impairment that reduces the individual capacity to earn or to
engage in gainful employment. Therefore, these are compatible with the definition under the
Magna Carta.
8.2.2.
Equality and non-discrimination (CRPD, article 5)
27.
The Magna Carta explicitly prohibits discrimination on the grounds of disability in
(1) employment (Philippines 1992, section 32), (2) transportation (ibid., section 34) and (3)
use of public accommodations and services (ibid., section 36). However, the legal remedy for
violation of these provisions is not well defined. There is only one case (Philippines 1999b)
that reached the Supreme Court since 1992 that deals with the violations of this law,
pertaining to illegal dismissal and to payments of appropriate minimum wages.
28.
Meanwhile, with reference to specific measures to achieve de facto equality, Republic
Act No. 9442 grants 20 per cent discount to persons with disabilities in the purchase of
goods and services such as: hotel accommodation, food and beverages served by restaurants
and other foods centres, recreation and amusement such as theatres, entertainment houses,
and other similar establishments, dental and medical services and land, sea and air
transportation fares. In addition, there is also a discount on the purchase of medicines,
whether branded or generic as well as a 5 per cent discount on basic foods and commodities
sold in various grocery stores nationwide (Philippines 2007a). The law is an attempt to
assure persons with disabilities that they will have access to basic services at an affordable
cost. Under the law, educational assistance to persons with disabilities is also a part of the
programme. This is in addition to other scholarship programmes established by other laws
that include persons with disabilities in pursuit of tertiary and post graduate education.
29.
Various circulars were also issued by different Government agencies to ensure
compliance with the accessibility law by providing the minimum requirements for accessible
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30.
The Magna Carta also introduced the concept of reasonable accommodation to
enhance participation and integration of persons with disabilities into the mainstream of
society. “Reasonable Accommodation” is to 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”(Philippines 1992, section 4(h)).
31.
This concept of reasonable accommodation has, however, not been imbedded as an
underlying principle in the implementation of the law concerning discrimination on account
of disability. In fact, the law did not include denial of reasonable accommodation as a part of
discrimination on disability. Furthermore, “disproportionate burden” as a concept is not
well defined in the law; consequently there is no realization in the implementation to the
point that reasonable accommodation has never been understood even by the Government
officials engaged in the programmes and services for persons with disabilities.
8.2.3.
Women with disabilities (CRPD, article 6)
32.
The Philippine Constitution recognizes the role of women in nation building and it
ensures the fundamental equality before the law of women and men (Philippines 1987,
article 2, section 14). However, this remains a principle that is yet to be realized by women
with disabilities in this country, especially those in rural areas. Women with disabilities still
do not have the freedom of choice to decide for themselves. For example, girls with
disabilities in the barrios have less opportunity to go to school for elementary education than
boys with disabilities because of the over-protectiveness of their parents, mobility problems
and the community’s attitude towards women and girls in general. Filipino families in rural
areas have a tradition of protecting women from outside abuse, resulting in their
confinement at home. This tradition works in most cases as a disadvantage rather than a
benefit for women with disabilities. They often cannot go to school or to other places by
themselves. This is especially so if the family situation makes it difficult to provide women
with disabilities with a companion. As a consequence, they have no choice but to stay at
home. This marginalizes women with disabilities more than men with disabilities.
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33.
In order to address women with disabilities in difficult situations, the Government
has engaged in various programmes and several advocacy measures. The Department of
Education has a non-formal and distance education programme. They identify children with
disabilities through personal visits of their itinerant teachers in the barrio to be part of the
programme (Philippines 1982b). Further, NCDA is advocating for Community-Based
Rehabilitation to be adopted as a nationwide strategy of local government units, in order to
facilitate the inclusion of women with disabilities into mainstream society and the removal
of all types of barriers that hinder full participation of persons with disabilities. (Philippines
2005).
8.2.4.
Children with disabilities (CRPD, article 7)
34.
The Child and Youth Welfare Code requires that: “All children shall be entitled to
the rights herein set forth without distinction as to legitimacy or illegitimacy, sex, social
status, religion, political antecedents, and other factors”(Philippines 1974b, article 3) The
law includes disability as one of the factors. The law also has a chapter on children with
disabilities. However, it requires amendments especially in relation to the definition of
disability, as well as in the classification of the different types of disability including the
language used to describe persons with disabilities. The language used in this law is no
longer consistent with the evolving concept of disability.
35.
The rights of the child, enumerated under article 3 of this Code, such as the right to
education and the right to protection against exploitation are consistent with the principles
of the CRPD. However, with respect to the programms and services for children with
disabilities provided by the law, there is still the concept of segregation and
institutionalization and not inclusion. The law mandates special classes for children with
disabilities, separate from other children, especially in public schools. “Where needs
warrant, there shall be at least special classes in every province, and, if possible, special
schools for the physically handicapped, the mentally retarded, the emotionally disturbed,
and the specially gifted. The private sector shall be given all the necessary inducement and
encouragement to establish such classes or schools”(ibid., article 74). Further, most children
with disabilities in rural areas are taken to institutions which the law encourages to be built,
rather than being allowed to live in the community.
8.2.5.
Accessibility (CRPD, article 9)
36.
The Accessibility Law states that: “In order to promote the realization of the rights of
disabled persons to participate fully in the social life and the development of the societies in
which they live and enjoyment of the opportunities available to other citizens, no license or
permit for the construction, repair or renovation of public and private buildings for public
use, educational institutions, airports, sports and recreation centers and complexes,
shopping centers or establishments, public parking places, work-places and public utilities,
shall be granted or issued unless the owner or operator thereof shall install and incorporate
in such building, establishment, institution or public utility, such architectural facilities or
structural features as shall reasonably enhance the mobility of disabled persons such as
sidewalks, ramps, railings and the like. If feasible, all such existing buildings, institutions,
establishments, or public utilities may be renovated or altered to enable the disabled persons
to have access to them”(Philippines 1982a, section 1). The law further requires that: “In the
case of public conveyance, devices such as the prominent display of posters or stickers shall
be used to generate public awareness of the rights of the disabled and foster understanding
of their special needs. Special bus stops shall be designed for disabled persons.
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37.
In this Accessibility Law, there are provisions for persons using a wheelchair or
crutches, as well as persons with visual or hearing impairments. However, there are no
facilities specifically addressing the needs of persons with intellectual disabilities, such as
ramps, signage, designated parking areas, accessible toilets and non-skid floorings of
walkways and comfort rooms as the minimum requirements for buildings and private
establishments for public use.
38.
The implementing rules and regulations of this law specify the type of requirements
of accessibility for persons with hearing and visual impairments. For example, emergency
signal lights should be provided for persons with hearing impairments, while an audio
system or an alarm, in case of emergency is a requirement for persons with visual
impairments. Instances of non-compliance are penalized either by imprisonment or payment
of fines or both and some administrative penalties are also imposed such as revocation of
licenses in the case of architects and engineers, or cancellation of business permits in the case
of business establishments.
39.
In terms of accessibility to information, the Philippine Constitution recognizes the
significance of information. It provides that: “The State recognizes the vital role of
communication and information in nation-building” (Philippines 1987, article 2, section 24).
This provision of the Constitution is the basis for persons with disabilities to demand the
Government and business establishments to provide assistive technology, to enhance
information dissemination to benefit persons with disabilities. For example, in the train
systems particularly the Light Rail Transit and the Metro Rail Transit, which are in the
upper ground level, people with visual impairments are demanding audio systems and
large screen monitors so that they can easily identify the stations.
8.2.6.
Right to life (CRPD, article 10)
40.
The Philippine Constitution does not distinguish between groups or classes of people
or where the individual belongs in society with regard to protection of life, liberty and
property. The fundamental law provides protection to the right to life of all citizens
regardless of class distinctions: “The State values the dignity of every human person and
guarantees full respect for human rights” (ibid., article 2, section 11). Further, it provides
that “the State recognizes the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution. It shall equally protect the life of the mother
and the life of the unborn from conception”(ibid., article 2, section 12). In addition, the
Constitution provides that: “No person shall be deprived of life, liberty, or property without
due process of law, nor shall any person be denied the equal protection of the laws”(ibid.,
article 3, section 1). This provision ensures all Filipino citizens protection of his/her right to
life regardless of being with disabilities or without disabilities. Under Philippine Law
abortion is a criminal offence.
8.2.7.
Recognition before the law, legal capacity and decision-making (CRPD,
article 12)
41.
Under the Civil Code, not all types of persons with disabilities can exercise capacity
to act on an equal basis with others. For example, persons with “insanity” and with
“imbecility” and in the state of being “deaf-mute” are restricted from exercising full capacity
13
1
42.
With respect to financial transactions and property rights, the laws allow the
appointment of a guardian to ensure that the best interest of persons with disabilities is
protected. The Civil Code provides that: “In all contractual, property or other relations,
when one of the parties is at a disadvantage on account of his moral dependence, ignorance,
indigence, mental weakness, tender age or other handicap, the courts must be vigilant for
his protection”(ibid., article 24). In Article 1327 of the Civil Code of the Philippines, it further
provides that “the following cannot give consent to a contract: (1) Unemancipated minors,
(2) Insane or demented persons, and deaf-mutes who do not know how to write”(ibid.,
article 1327). In addition, the Code provides that: “Deaf-mutes who can read and write may
accept or repudiate the inheritance personally or through an agent. Should they not be able
to read and write, the inheritance shall be accepted by their guardians. These guardians may
repudiate the same with judicial approval”(ibid., article 1048).
43.
The language used in the Civil Code, such as “demented persons” and “deaf-mutes”
are descriptions of the types of disabilities which are not consistent with the CRPD. Also,
legal capacity under the Civil Code of persons with disabilities is determined by whether or
not the individual has a level of education. For example, the Civil Code provides that a
“deaf-mute” or individual with hearing impairments who knows how to read and write has
the right to enter into a contract or give their consent to a contract, in contrast with “deaf–
mute” who do not know how to read and write and who can only act through an agent
(ibid., article 1048). It does not consider the individual’s capacity to understand documents if
they are explained to him/her by somebody else. There is no opportunity for persons with
disabilities who do not know how to read and write to gain equal recognition before the law
as other persons. Therefore, under this context, there is a need that the Civil Code be
amended to be harmonized with article 12 of the CRPD.
8.2.8.
Access to justice (CRPD, article 13)
44.
Persons with disabilities in the judicial system are also given equal rights with others
under existing legislation. However, what hinders them to access to justice in a swift manner
is the limited support mechanism in the judicial system to pauper litigants. Persons with
disabilities are mostly considered to be pauper litigants. This is because a large percentage of
persons with disabilities are poor and can hardly meet their daily subsistence costs. This is
the case especially for those living in rural areas. They find it difficult to go to courts because
of the transportation barriers and they do not have the financial resources for their fares,
food and accommodation, since most courts are situated in urban areas. In addition, most of
the courts have no accessible facilities to assist individuals with disabilities seeking justice,
despite the issuance of Philippine Supreme Court Circular No. 46-95 requiring that: “Judges
should take the proper measures to fully realize the policy set forth in the Accessibility Law
or the B.P. 344 with the view of providing disabled persons convenient access to courtrooms
holding sessions, if absolutely necessary, on the ground floor or court houses” (Philippines
1995a).
In reality, most voters with disabilities cannot participate in any election even if they are of “sound mind”
because of physical, environmental and attitudinal barriers.
1
14
45.
All persons with disabilities in the Philippines are allowed to participate in every
phase of the judicial process. However, persons with certain types of disability are deemed
to lack legal authority to undertake certain activities by prohibitive legislation. For example
a person with visual or hearing impairments can execute a will as long as they are of sound
mind but they cannot be a witness to the execution of a will (Philippines 1959, articles 820
and 798). Also, a person with intellectual disability cannot make a will (ibid.).
46.
According to a resolution of the Philippine Supreme Court, persons with hearing
impairments are now given sign language interpreters to assist them in their cases
(Philippines 2004). Unfortunately, there is no national standardized sign language in the
Philippines which could facilitate the testimonies by persons with hearing impairments. As
a consequence, sign language interpretation is always a subject of disagreement between
opposing parties in the courts whenever persons with hearing impairments are involved in
cases.
47.
Individuals with visual impairments are often aided by live assistance such as
readers. There is no Supreme Court Circular that would require courts to provide live
assistance, or other sources of information in alternative formats to help individuals with
visual impairments in their court cases. The Magna Carta provides that: “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”(Philippines 1992, section 45). However, despite the foregoing mandate,
especially, letters (b) and (c), referring to auxiliary aids and services as well as making
facilities readily accessible and usable, these services are not readily available in the judicial
system. Therefore, there is a need to amend Section 45, letter (b) and (c) of the Magna Carta,
to ensure access to justice for persons with disabilities, within the scope of the CRPD.
8.2.9.
Liberty and security of the person (CRPD, article 14)
48.
Philippines law, primarily the Constitution under the Bill of Rights, ensures
protection to all citizens from the deprivation of liberty, without due process of law. The
Constitution provides that: “No person shall be deprived of life, liberty, or property without
due process of law, nor shall any person be denied the equal protection of the
laws”(Philippines 1987, article 3, section 1). This protection applies also to all citizens with
disabilities. There is no law that would warrant the deprivation of liberty of a person on
account of disability. It is also a declared policy that no person should be confined in a
hospital or in an asylum or be subjected to medical examination without his/her consent. In
fact, there is a need for a court order to subject any litigant involved in a case to physical and
mental examinations. The Rules of Court of the Philippines provide that: “The order for
examination may be made only on motion for good cause shown and upon notice to the
party to be examined and to all other parties, and shall specify the time, place, manner,
conditions and scope of the examination and the person or persons by whom it is to be
made”(Philippines 1964, rule 28, section 2). Deprivation of liberty or confinement in a
hospital or asylum is allowable only when there is a danger or threat to public order or upon
a lawful order of the court.
15
8.2.10. Freedom from torture or cruel, inhuman or degrading treatment or
punishment (CRPD, article 15); Freedom from exploitation, violence and
abuse (CRPD, article 16); Protecting the integrity of the person (CRPD,
article 17)
49.
Philippines law does not allow torture. The Constitution provides that: “No torture,
force, violence, threat, intimidation, or any other means which vitiate the free will shall be
used…. Secret detention places, solitary, incommunicado, or other similar forms of detention
are prohibited”(Philippines 1987, article 3, section 12(2)). However, there is no mechanism of
facilities and programmes to monitor the situations or conditions of persons with disabilities
who are in jail, mental hospitals, asylums and other similar institutions.
8.2.11. Liberty of movement and nationality (CRPD, article 18)
50.
The Constitution provides that: “The liberty of abode and of changing the same
within the limits prescribed by law shall not be impaired except upon lawful order of the
court. Neither shall the right to travel be impaired except in the interest of national security,
public safety, or public health, as may be provided by law”(ibid., article 3, section 6). In
addition, there is no law prohibiting people with disabilities acquiring nationality or taking
up residency in the country, as long as the person applying meets all the qualification
requirements.
8.2.12. Living independently and being included in the community (CRPD, article
19)
51.
Congress enacted the Accessibility Law to make the physical environment accessible
in order to enable persons with disabilities to live as freely and independently as possible in
the community. The Magna Carta also declares: “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, that
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”(Philippines 1992, section 2(a)). Further, it is stated that
“Disabled persons shall 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” (ibid., section 2(b)).
8.2.13. Personal mobility (CRPD, article 20)
52.
With respect to personal mobility, the Magna Carta provides that: “The State shall
ensure that marginalized persons are provided with the necessary auxiliary services that
will restore their social functioning and participation in community affairs. Toward this end,
the Department of Social Welfare and Development shall develop and implement programs
on auxiliary social services that respond to the needs of marginalized disabled
persons”(ibid., section 21).
16
8.2.14. Freedom of expression and opinion, and access to information (CRPD,
article 21)
53.
The section of the Constitution concerned with Freedom of Expression stipulates
that: “No law shall be passed abridging the freedom of speech, of expression, or of the press,
or the right of the people peaceably to assemble and petition the Government for redress of
grievances”(Philippines 1987, article 3, section 4). Further, the Magna Carta provides that:
“Television stations shall be encouraged to provide a sign language inset or subtitles in at
least one newscast program a day and special programs covering events of national
significance”(Philippines 1992, section 22). Unfortunately, persons with disabilities can
hardly access information because there is no law requiring all public services to adopt an
alternative and accessible types of information such as sign language, Braille, tactile
communication, written and audio form communication. A national sign language has not
been adopted in the school system for persons with hearing impairments. There is no
available information in accessible format in the country that is free.
8.2.15. Respect for privacy (CRPD, article 22)
54.
Privacy of communication is also enjoyed by persons with disabilities. This applies
even for those living in rehabilitation institutions. This guarantee is enshrined in the Bill of
Rights of the Philippine Constitution which provides that: “(1) The privacy of
communication and correspondence shall be inviolable except upon lawful order of the
court, or when public safety or order requires otherwise, as prescribed by law; (2) Any
evidence obtained in violation of this or the preceding section shall be inadmissible for any
purpose in any proceeding"(Philippines 1987, article 3, section 3). The difficulty, however, is
that the absence of available accessible alternative communication formats. Most people
with disabilities still need the assistance of others for their communication requirements.
8.2.16. Health, education, habilitation and rehabilitation, employment and
adequate standard of living and social protection
55.
With reference to articles on the rights to health, education, habilitation and
rehabilitation, employment and adequate standard of living and social protection of the
CRPD, all are being addressed by existing legislation, particularly the Magna Carta. The
only gap in the programme is the prioritization of the budget allocation of Government
agencies. There are still many persons with disabilities who do not have access to basic
services. The income security programme is only available to people with disabilities who
have retired from work and who are members of the Social Security System and the
Government Service Insurance System. These constitute only a small percentage of the
population of persons with disabilities.
56.
Persons with disabilities, whether rich or poor, are entitled to enjoy the benefit of
having their own family life. They can marry and raise their own children in an atmosphere
of fairness and equality with others under the relevant laws. Nevertheless, persons with
intellectual disabilities have less opportunity for the exercise of this right, due to attitudinal
and environmental barriers.
57.
Forced labour is prohibited under the Constitution which provides that: “No
involuntary servitude in any form shall exist except as a punishment for a crime whereof the
party shall have been duly convicted”(ibid., article 3, section 18(2)).
17
58.
Persons with disabilities have also access to sports and cultural activities under
legislation. However, because of economic, environmental and attitudinal barriers, they
cannot fully participate in all Government programmes especially those in rural areas. There
are not enough cultural materials that are readily available in accessible formats. Sports
activities and facilities are limited to urban areas.
8.3.
Issues and obstacles in harmonizing the domestic legislative measures with the
CRPD, including the requirements under articles 4 (1)(a) and 4(1)(b)
8.3.1.
Generalities of existing laws on disability resulting in ineffective
implementation of programmes
59.
The laws and the implementing rules are subject to various interpretations. This has
implications on the outcome and implementation. For example, a total of 1 per cent of the
budget of the National Government Agencies is supposed to be allocated to programmes for
persons with disabilities and senior citizens. The sector of persons with disabilities believe
that they can use the money for their projects, while the Government states that the 1 per
cent of the budget is already incorporated in all their programmes relating to disability and
senior citizens. This general concept of 1 per cent implementation is creating disunity
between the sector of persons with disabilities and the Government, resulting in difficulties
to obtain cooperation necessary for the harmonization of domestic law with the CRPD.
8.3.2.
Affirmative action in the private sector that is not supported by the
majority of persons with disabilities
60.
This issue can be explained in the case of establishing high levels of assistive
technologies. For example, there is a Senate Bill for Automated Teller Machines (ATMs) for
visually impaired people (Tieng 2008). At present, it is not gaining much support because
there are few persons with visual impairments who are using ATMs. Further, the statistical
data relevant to the banking sector’s decision to purchase ATMs with accessible devices for
persons with visual impairments does not exist. Harmonization of the legislation relevant to
technological requirements with the CRPD appears difficult unless the economic power of
persons with disabilities is quantitatively recognized in society.
8.3.3. Absence of a strong lobby group from the disability sector
61.
It is estimated by the NCDA that there are around 400 self-help groups of persons
with disabilities in the country. However, 90 per cent of the self-help groups have no stable
source of funding support, neither from the Government nor from the private sector. The
reason could be that the self-help groups have no continued leadership training programme
to ensure the emergence of qualified leaders with disabilities. Most leaders with disabilities,
especially in rural areas, have no skills for sourcing funds and for organizational
development, so much so that most of them are focused only on their self-security.
Therefore, a weak sector of persons with disabilities cannot lobby to gain support from the
Government officials and to achieve harmonization of the domestic laws with the CRPD.
8.4.
National bodies to monitor the implementation of the CRPD
62.
A number of national bodies are mandated to monitor the implementation of the
CRPD. President Arroyo issued Administrative Order No. 163 to strengthen the function of
the Presidential Human Rights Committee (PHRC), including formulation of the Human
Rights Action Plan for the Eight Core Human Rights Treaties ratified or to be ratified by the
18
63.
Further, the Commission on Human Rights is to conduct education campaigns and
recommend harmonization of domestic laws with the CRPD to Congress. The Commission
on Human Rights is also to monitor the Government’s compliance with the international
treaty obligations on human rights. Finally, the NCDA is to serve as a national working
body to promote and monitor implementation of national laws and international
commitments.
8.5.
8.6.
Recommendation for actions for harmonization of domestic laws with the CRPD

The Human Rights Agenda for the National Human Rights Action Plan and
Programme should be revised to adequately reflect the CRPD.

New and specific legislation should be enacted to address the gap in the provision of
services as well as the facilities available in society to be supported by national and
local government agencies.

The Accessibility Law and the Magna Carta should be reviewed as soon as possible
to respond to the growing demand for equality of persons with disabilities to achieve
integration into the mainstream of society and to guarantee programmes adhere to
inclusive development and are appropriately funded. Specifically, the Accessibility
Law should be amended to include facilities for people with intellectual disabilities.
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21