Paper VIII Philippines 20110121

7/31/2019 Paper VIII Philippines 20110121

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Paper 8

Philippines

Mateo A. Lee, Jr.Deputy Director

National Council for the Welfare of Disabled PersonsDepartment of Social Welfare and Development

Philippines

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The designations employed and the presentation of the material in this paper do not implythe expression of any opinion whatsoever on the part of the Secretariat of the UnitedNations 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 theauthor(s), and should not necessarily be considered as reflecting the views or carrying theendorsement of the United Nations.

The mention of firm names and commercial products does not imply the endorsement of theUnited Nations.


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Contents

8. Philippines8.1. 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 .................................................68.1.3. Other legislation on disability in the Philippines..............................................7

8.2. Assessment of the domestic legislative framework on disability in light of theharmonization 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).........................................................................138.2.7. 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).....................................158.2.10. Freedom from torture or cruel, inhuman or degrading treatment or

punishment (CRPD, article 15); Freedom from exploitation, violence andabuse (CRPD, article 16); Protecting the integrity of the person (CRPD,

article 17)..........................................................................................................16

8.2.11. Liberty of movement and nationality (CRPD, article 18) ................................168.3. Issues and obstacles in harmonizing the domestic legislative measures with the

CRPD, including the requirements under articles 4 (1)(a) and 4(1)(b)..........................18

8.4. National bodies to monitor the implementation of the CRPD.......................................188.5. Recommendation for actions for harmonization of domestic laws with the CRPD ...198.6. References ..............................................................................................................................19

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ABBREVIATIONS

ATMs Automated Teller MachinesCRPD Convention on the Rights of Persons with Disabilities

Magna Carta Magna Carta for Persons with DisabilitiesNCCDP National Commission Concerning Disabled PersonsNCDA National Council on Disability AffairsNCWDP 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 Americanlegal systems. This is because the Philippines were under Spanish and American colonialrule for more than 300 years. The Philippine laws such as those regarding family relations

and obligations, contracts and succession, including the Civil Code, are substantiallypatterned after the civil code of Spain. On the other hand, public law, notably constitutionallaw, administrative law and the law concerning public offices, among others, are based to agreat extent on American legal traditions.

8.1.1. The 1987 Philippine Constitution

2. The 1987 Constitution contains provisions which protect the voting right of personswith disabilities as follows: The Congress shall provide a system for securing the secrecyand sanctity of the ballot as well as a system for absentee voting by qualified Filipinosabroad. 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 underexisting laws and such rules as the Commission on Elections may promulgate to protect thesecrecy of the ballot (Philippines 1987, article 5, section 2(a)).

3. The Constitution also provides for sectoral representation in the House ofRepresentatives, through a party list system either by selection or election from varioussectors. Specifically, it states that:

(1) The House of Representatives shall be composed of not more than two hundred andfifty members, unless otherwise fixed by law, who shall be elected from legislativedistricts apportioned among the provinces, cities, and the Metropolitan Manila area

in accordance with the number of their respective inhabitants, and on the basis of auniform and progressive ratio, and those who, as provided by law, shall be electedthrough a party-list system of registered national, regional, and sectoral parties ororganizations;

(2) The party-list representatives shall constitute twenty per centum of the total numberof representatives including those under the party list. For three consecutive termsafter the ratification of this Constitution, one half of the seats allocated to party-listrepresentatives shall be filled, as provided by law, by selection or election from thelabor, peasant, urban poor, indigenous cultural communities, women, youth, andsuch 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 beincluded in the other sectors mentioned by the law and the sector of persons withdisabilities was represented in the House of Representatives.

5. The Republic Act No. 7941 further provides that the State shall promoteproportional representation in the election of representatives to the House ofRepresentatives through a party-list system of registered national, regional and sectoralparties or organizations or coalitions thereof, which will enable Filipino citizens belonging tothe marginalized and underrepresented sectors, organizations and parties, and who lackwell-defined political constituencies but who could contribute to the formulation andenactment of appropriate legislation that will benefit the nation as a whole, to becomemembers of the House of Representatives. Towards this end, the State shall develop and

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6. The Constitution also mandates the State, through the National Government, toprovide and adopt an integrated and comprehensive approach to health development andendeavor to make essential goods, health and other social services available to all people ataffordable 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 freemedical care to paupers (Philippines 1987, article 13, section 11).

7. In addition, the Constitution further states that the State shall establish a specialagency for persons with disabilities for their rehabilitation, self-development and self-reliance and their integration into the mainstream of society (ibid., article 13, section 13).

8. Furthermore, the Constitution emphasizes that all Filipino children shall have accessto quality education. In fact, it compels all parents to send their children to elementaryeducation. It means that elementary education for all children is compulsory and publicelementary education is free from any tuition fees, without sacrificing the quality ofeducation offered. The Constitution also provides adult citizens, persons with disabilitiesand 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 measureknown 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 andrehabilitation;

(2) Quality education from the elementary, secondary, tertiary and post graduateeducation with the provision for financial assistance to deserving students;

(3) Comprehensive health services to include training of medical and paramedicalpersonnel in providing for the health needs of persons with disabilities such asprovisions 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 acquisitionof assistive devices through local government units.

10. The law further requires that all television media provide inset and subtitlingfeatures in public affairs programme covering significant events of public importance. Abarrier free physical environment is also promoted. For example, persons with disabilitiesare to be allowed to drive motor vehicles customized to their needs, supplementing BatasPambansa Bilang 344, or the Accessibility Law.

11. The Magna Carta also protects the right of persons with disabilities to vote byrequiring the Government to provide accessible polling precincts and authorizing nearest of

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condition of every country and, consequently, that programs to prevent disabilityand to rehabilitate the disabled are an essential part of comprehensive plans foreconomic and social development, responsibility for which must be assumed byGovernments working, as appropriate, with non-governmental organization(Philippines 1978, section 1).

"Creation of the National Commission Concerning Disabled Persons. There is herebycreated a National Commission, hereinafter referred to as the Commission, whichshall be under the supervision and control of the Office of the President of thePhilippines (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 takeappropriate steps to insure that they comply with established priorities, standardsand guidelines(ibid., section 4).

16. The programmes for persons with disabilities are under the jurisdiction of variousGovernment agencies. The Department of Social Welfare and Development is responsible

for vocational training, rehabilitation including counselling and other social services. TheDepartment of Education is responsible for special education at the elementary and highschool level. Accessible transportation is under the Department of Transportation andCommunication. The Department of Public Works and Highways, together with theBuilding Officials in the Local Government Units nationwide is responsible for makingroads, buildings, parks, and other such infrastructure for the public use accessible. This ispursuant to Batas Pambansa Bilang 344 or the Accessibility Law (Philippines 1982a). TheCommission on Higher Education is mandated under the Magna Carta to ensureuniversities and colleges provide persons with disabilities with access to the highereducation level (Philippines 1992). This includes scholarships, accessible facilities and suchother reasonable accommodation.

17. The Department of Labor and Employment is responsible for providing persons withdisabilities vocational training and suitable employment. The Magna Carta states thatEqual Opportunity for Employment No disabled person shall be denied access toopportunities for suitable employment. A qualified disabled employee shall be subject to thesame terms and conditions of employment and the same compensation, privileges, benefits,fringe benefits, incentives or allowances as a qualified able-bodied person. Five percent ofall casual emergency and contractual positions in the Departments of Social Welfare andDevelopment; Health; Education, Culture and Sports; and other government agencies,offices or corporations engaged in social development shall be reserved for disabledpersons(ibid., section 5). The law further states that Vocational Rehabilitation

Consistent with the principle of equal opportunity for disabled workers and workers ingeneral, the State shall take appropriate vocational rehabilitation measures that shall serve todevelop the skills and potentials of disabled persons and enable them to compete favorablyfor available productive and remunerative employment opportunities in the labor market.The State shall also take measures to ensure the provision of vocational rehabilitation andlivelihood services for disabled persons in the rural areas. In addition, it shall promotecooperation and coordination between the government and nongovernmental organizationsand other private entities engaged in vocational rehabilitation activities. The Department ofSocial Welfare and Development shall design and implement-training programs that willprovide disabled persons with vocational skills to enable them to engage in livelihoodactivities or obtain gainful employment. The Department of Labor and Employment shalllikewise design and conduct training programs geared towards providing disabled personswith skills for livelihood (ibid., section 9).

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18. The National Council on Disability Affairs (NCDA), under Executive Order No. 709is the focal agency that co-ordinates all these programmes for persons with disabilities in theabove-mentioned national Government agencies (Philippines 2008). The purpose is toensure maximization of existing limited resources and to avoid red tape and duplication ofservices. 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 asbelonging 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 groupof people in Philippine society are presented.

19. The NCCDP, which became the NCWDP under the Aquino administration andwhich was last renamed as the NCDA in the Arroyo administration in 2008, is theGovernment arm which focuses on policy plan formulation, research and data collection,advocacy, monitoring and evaluation of programmes and services relating to persons withdisabilities.

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 toprovide accessible facilities, to enhance the mobility of Filipinos with disabilities and tomove towards a barrier free physical environment (Philippines 1982a).

21. In 1989, the then NCWDP pushed for the passage of Republic Act No. 6759, a lawdeclaring August 1 of each year as the White Cane Safety Day. This is an awarenessraising measure to provide the public with an understanding of the proper way to assistpersons with visual impairments in their day-to-day mobility using white canes (Philippines1989).

22. The legislation listed were the Governments response to approaching the needs ofpersons with disabilities, as a group. Now having ratified the Convention on the Rights ofPersons with Disabilities (CRPD), the above laws, together with the PhilippinesConstitution, will be the fundamental foundation of the Governments initiatives toharmonize domestic laws with the CRPD.

8.2. Assessment of the domestic legislative framework on disability in light of theharmonization with the CRPD

8.2.1. Definition

23. The Magna Carta defines persons with disabilities as those suffering fromrestriction or different abilities as a result of a mental, physical or sensory impairment, toperform an activity in the manner or within the range considered normal for a humanbeing(Philippines 1992, section 4(a)). Disability is to mean 1) a physical or mentalimpairment that substantially limits one or more psychological, physiological or anatomicalfunctions 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 physicaland 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 impairedpsychosocial 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 individuals abilityto 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 animpairment, which is medical in nature and does not include physical and attitudinalbarriers. The legislation does intend to have a social model definition of the concepts ofdisability as expressed in the declaration of policy, to facilitate integration of disabledpersons into the mainstream of society, the State shall advocate for and encourage respectfor 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., section2(e)). However, this policy objective is not reflected in the definition.

26. Under the Philippines legislation, the English words handicap and disabledperson 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 ormental deficiency or injury (Philippines 1974a, article 78). Alternatively, disability isdefined by the Republic Act No. 8291, the law that governs the welfare benefits ofGovernment workers, as follows Any loss or impairment of the normal functions of thephysical and/or mental faculty of a member which reduced or eliminates his/her capacitywith his/her current gainful occupation or engage in any other gainfuloccupation(Philippines 1997b). Handicap and disability under these legislation areperceived as the result of impairment that reduces the individual capacity to earn or toengage in gainful employment. Therefore, these are compatible with the definition under theMagna 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 forviolation 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, RepublicAct 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 restaurantsand other foods centres, recreation and amusement such as theatres, entertainment houses,and other similar establishments, dental and medical services and land, sea and airtransportation 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 commoditiessold in various grocery stores nationwide (Philippines 2007a). The law is an attempt toassure persons with disabilities that they will have access to basic services at an affordablecost. Under the law, educational assistance to persons with disabilities is also a part of theprogramme. This is in addition to other scholarship programmes established by other lawsthat include persons with disabilities in pursuit of tertiary and post graduate education.

29. Various circulars were also issued by different Government agencies to ensurecompliance 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 toenhance participation and integration of persons with disabilities into the mainstream ofsociety. Reasonable Accommodation is to include (1) Improvement of existing facilitiesused by employees in order to render these readily accessible to and usable by disabledpersons; and (2) Modification of work schedules, reassignment to a vacant position,acquisition or modification of equipment or devices, appropriate adjustments ormodifications of examinations, training materials or company policies, rules and regulations,the provision of auxiliary aids and services, and other similar accommodations for disabledpersons(Philippines 1992, section 4(h)).

31. This concept of reasonable accommodation has, however, not been imbedded as anunderlying 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 ofdiscrimination on disability. Furthermore, disproportionate burden as a concept is notwell defined in the law; consequently there is no realization in the implementation to thepoint that reasonable accommodation has never been understood even by the Governmentofficials 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 itensures 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 stilldo not have the freedom of choice to decide for themselves. For example, girls withdisabilities in the barrios have less opportunity to go to school for elementary education thanboys with disabilities because of the over-protectiveness of their parents, mobility problemsand the communitys attitude towards women and girls in general. Filipino families in ruralareas have a tradition of protecting women from outside abuse, resulting in theirconfinement at home. This tradition works in most cases as a disadvantage rather than abenefit for women with disabilities. They often cannot go to school or to other places bythemselves. This is especially so if the family situation makes it difficult to provide womenwith disabilities with a companion. As a consequence, they have no choice but to stay athome. 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 Governmenthas engaged in various programmes and several advocacy measures. The Department ofEducation has a non-formal and distance education programme. They identify children withdisabilities through personal visits of their itinerant teachers in the barrio to be part of theprogramme (Philippines 1982b). Further, NCDA is advocating for Community-Based

Rehabilitation to be adopted as a nationwide strategy of local government units, in order tofacilitate the inclusion of women with disabilities into mainstream society and the removalof all types of barriers that hinder full participation of persons with disabilities. (Philippines2005).

8.2.4. Children with disabilities (CRPD, article 7)

34. The Child and Youth Welfare Code requires that: All children shall be entitled tothe rights herein set forth without distinction as to legitimacy or illegitimacy, sex, socialstatus, religion, political antecedents, and other factors(Philippines 1974b, article 3) Thelaw 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 ofdisability, as well as in the classification of the different types of disability including thelanguage used to describe persons with disabilities. The language used in this law is nolonger consistent with the evolving concept of disability.

35. The rights of the child, enumerated under article 3 of this Code, such as the right toeducation and the right to protection against exploitation are consistent with the principlesof the CRPD. However, with respect to the programms and services for children withdisabilities provided by the law, there is still the concept of segregation andinstitutionalization and not inclusion. The law mandates special classes for children withdisabilities, separate from other children, especially in public schools. Where needs

warrant, there shall be at least special classes in every province, and, if possible, specialschools for the physically handicapped, the mentally retarded, the emotionally disturbed,and the specially gifted. The private sector shall be given all the necessary inducement andencouragement to establish such classes or schools(ibid., article 74). Further, most childrenwith 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 ofdisabled 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 orpermit for the construction, repair or renovation of public and private buildings for publicuse, 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 incorporatein such building, establishment, institution or public utility, such architectural facilities orstructural features as shall reasonably enhance the mobility of disabled persons such assidewalks, 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 personsto have access to them(Philippines 1982a, section 1). The law further requires that: In thecase 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 understandingof 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 orcrutches, as well as persons with visual or hearing impairments. However, there are no

facilities specifically addressing the needs of persons with intellectual disabilities, such asramps, signage, designated parking areas, accessible toilets and non-skid floorings ofwalkways and comfort rooms as the minimum requirements for buildings and privateestablishments for public use.

38. The implementing rules and regulations of this law specify the type of requirementsof accessibility for persons with hearing and visual impairments. For example, emergencysignal lights should be provided for persons with hearing impairments, while an audiosystem or an alarm, in case of emergency is a requirement for persons with visualimpairments. Instances of non-compliance are penalized either by imprisonment or paymentof 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 caseof business establishments.

39. In terms of accessibility to information, the Philippine Constitution recognizes thesignificance of information. It provides that: The State recognizes the vital role ofcommunication 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 theGovernment and business establishments to provide assistive technology, to enhanceinformation dissemination to benefit persons with disabilities. For example, in the trainsystems particularly the Light Rail Transit and the Metro Rail Transit, which are in theupper 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 peopleor where the individual belongs in society with regard to protection of life, liberty andproperty. The fundamental law provides protection to the right to life of all citizensregardless of class distinctions: The State values the dignity of every human person andguarantees full respect for human rights (ibid., article 2, section 11). Further, it providesthat the State recognizes the sanctity of family life and shall protect and strengthen thefamily 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, theConstitution provides that: No person shall be deprived of life, liberty, or property withoutdue 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 tolife regardless of being with disabilities or without disabilities. Under Philippine Lawabortion 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 capacityto act on an equal basis with others. For example, persons with insanity and withimbecility and in the state of being deaf-mute are restricted from exercising full capacity

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42. With respect to financial transactions and property rights, the laws allow theappointment of a guardian to ensure that the best interest of persons with disabilities isprotected. 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 forhis protection(ibid., article 24). In Article 1327 of the Civil Code of the Philippines, it furtherprovides 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 mayaccept 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 mayrepudiate the same with judicial approval(ibid., article 1048).

43. The language used in the Civil Code, such as demented persons and deaf-mutesare 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 ornot the individual has a level of education. For example, the Civil Code provides that adeaf-mute or individual with hearing impairments who knows how to read and write hasthe right to enter into a contract or give their consent to a contract, in contrast with deafmute 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 individuals capacity to understand documents if

they are explained to him/her by somebody else. There is no opportunity for persons withdisabilities who do not know how to read and write to gain equal recognition before the lawas other persons. Therefore, under this context, there is a need that the Civil Code beamended 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 othersunder existing legislation. However, what hinders them to access to justice in a swift manneris the limited support mechanism in the judicial system to pauper litigants. Persons withdisabilities 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 isthe case especially for those living in rural areas. They find it difficult to go to courts becauseof 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 ofthe 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: Judgesshould take the proper measures to fully realize the policy set forth in the Accessibility Lawor the B.P. 344 with the view of providing disabled persons convenient access to courtroomsholding sessions, if absolutely necessary, on the ground floor or court houses (Philippines1995a).

1In reality, most voters with disabilities cannot participate in any election even if they are of sound mind

because of physical, environmental and attitudinal barriers.

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45. All persons with disabilities in the Philippines are allowed to participate in everyphase of the judicial process. However, persons with certain types of disability are deemedto lack legal authority to undertake certain activities by prohibitive legislation. For examplea 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 820and 798). Also, a person with intellectual disability cannot make a will (ibid.).

46. According to a resolution of the Philippine Supreme Court, persons with hearingimpairments are now given sign language interpreters to assist them in their cases(Philippines 2004). Unfortunately, there is no national standardized sign language in thePhilippines which could facilitate the testimonies by persons with hearing impairments. Asa consequence, sign language interpretation is always a subject of disagreement betweenopposing parties in the courts whenever persons with hearing impairments are involved incases.

47. Individuals with visual impairments are often aided by live assistance such asreaders. There is no Supreme Court Circular that would require courts to provide liveassistance, or other sources of information in alternative formats to help individuals withvisual impairments in their court cases. The Magna Carta provides that: The court maygrant any equitable relief that such court considers to be appropriate, including, to the extentrequired by this Act: (a) granting temporary, preliminary or permanent relief; (b) providingan auxiliary aid or service, modification of policy, practice or procedure, or alternativemethod; and (c) making facilities readily accessible to and usable by individuals withdisabilities(Philippines 1992, section 45). However, despite the foregoing mandate,especially, letters (b) and (c), referring to auxiliary aids and services as well as makingfacilities 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, ensuresprotection to all citizens from the deprivation of liberty, without due process of law. TheConstitution provides that: No person shall be deprived of life, liberty, or property withoutdue process of law, nor shall any person be denied the equal protection of thelaws(Philippines 1987, article 3, section 1). This protection applies also to all citizens withdisabilities. 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 ahospital or in an asylum or be subjected to medical examination without his/her consent. Infact, there is a need for a court order to subject any litigant involved in a case to physical andmental examinations. The Rules of Court of the Philippines provide that: The order forexamination may be made only on motion for good cause shown and upon notice to theparty 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 bemade(Philippines 1964, rule 28, section 2). Deprivation of liberty or confinement in ahospital or asylum is allowable only when there is a danger or threat to public order or upona lawful order of the court.

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8.2.10. Freedom from torture or cruel, inhuman or degrading treatment orpunishment (CRPD, article 15); Freedom from exploitation, violence andabuse (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 beused. Secret detention places, solitary, incommunicado, or other similar forms of detentionare prohibited(Philippines 1987, article 3, section 12(2)). However, there is no mechanism offacilities and programmes to monitor the situations or conditions of persons with disabilitieswho 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 samewithin 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). Inaddition, there is no law prohibiting people with disabilities acquiring nationality or takingup residency in the country, as long as the person applying meets all the qualificationrequirements.

8.2.12. Living independently and being included in the community (CRPD, article19)

51. Congress enacted the Accessibility Law to make the physical environment accessiblein 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 Philippinesociety, thus the State shall give full support to the improvement of the total well being ofdisabled persons and their integration into the mainstream of society. Toward this end, thatState shall adopt policies ensuring the rehabilitation, self-development and self-reliance ofdisabled persons. It shall develop their skills and potentials to enable them to competefavorably for available opportunities(Philippines 1992, section 2(a)). Further, it is stated thatDisabled persons shall have the same rights as other people to take their proper place insociety. They should be able to live freely and as independently as possible. This must be theconcern of everyone the family, community, and all government and non-governmentorganizations. Disabled persons rights must never be perceived as welfare services by thegovernment (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 shallensure that marginalized persons are provided with the necessary auxiliary services thatwill restore their social functioning and participation in community affairs. Toward this end,the Department of Social Welfare and Development shall develop and implement programson auxiliary social services that respond to the needs of marginalized disabledpersons(ibid., section 21).

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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 stipulatesthat: 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 ofgrievances(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 atleast one newscast program a day and special programs covering events of nationalsignificance(Philippines 1992, section 22). Unfortunately, persons with disabilities canhardly access information because there is no law requiring all public services to adopt analternative and accessible types of information such as sign language, Braille, tactilecommunication, written and audio form communication. A national sign language has notbeen adopted in the school system for persons with hearing impairments. There is noavailable 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 applieseven for those living in rehabilitation institutions. This guarantee is enshrined in the Bill ofRights of the Philippine Constitution which provides that: (1) The privacy ofcommunication and correspondence shall be inviolable except upon lawful order of thecourt, or when public safety or order requires otherwise, as prescribed by law; (2) Anyevidence obtained in violation of this or the preceding section shall be inadmissible for anypurpose in any proceeding"(Philippines 1987, article 3, section 3). The difficulty, however, isthat the absence of available accessible alternative communication formats. Most peoplewith disabilities still need the assistance of others for their communication requirements.

8.2.16. Health, education, habilitation and rehabilitation, employment andadequate standard of living and social protection

55. With reference to articles on the rights to health, education, habilitation andrehabilitation, employment and adequate standard of living and social protection of theCRPD, all are being addressed by existing legislation, particularly the Magna Carta. Theonly gap in the programme is the prioritization of the budget allocation of Governmentagencies. There are still many persons with disabilities who do not have access to basicservices. The income security programme is only available to people with disabilities whohave 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 thepopulation of persons with disabilities.

56. Persons with disabilities, whether rich or poor, are entitled to enjoy the benefit ofhaving their own family life. They can marry and raise their own children in an atmosphereof fairness and equality with others under the relevant laws. Nevertheless, persons withintellectual disabilities have less opportunity for the exercise of this right, due to attitudinaland environmental barriers.

57. Forced labour is prohibited under the Constitution which provides that: Noinvoluntary 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)).

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58. Persons with disabilities have also access to sports and cultural activities underlegislation. However, because of economic, environmental and attitudinal barriers, theycannot fully participate in all Government programmes especially those in rural areas. Thereare not enough cultural materials that are readily available in accessible formats. Sportsactivities and facilities are limited to urban areas.

8.3. Issues and obstacles in harmonizing the domestic legislative measures with theCRPD, including the requirements under articles 4 (1)(a) and 4(1)(b)

8.3.1. Generalities of existing laws on disability resulting in ineffectiveimplementation of programmes

59. The laws and the implementing rules are subject to various interpretations. This hasimplications on the outcome and implementation. For example, a total of 1 per cent of thebudget of the National Government Agencies is supposed to be allocated to programmes forpersons 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 percent of the budget is already incorporated in all their programmes relating to disability andsenior citizens. This general concept of 1 per cent implementation is creating disunitybetween the sector of persons with disabilities and the Government, resulting in difficultiesto 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 themajority of persons with disabilities

60. This issue can be explained in the case of establishing high levels of assistivetechnologies. 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 becausethere are few persons with visual impairments who are using ATMs. Further, the statisticaldata relevant to the banking sectors decision to purchase ATMs with accessible devices forpersons with visual impairments does not exist. Harmonization of the legislation relevant totechnological requirements with the CRPD appears difficult unless the economic power ofpersons 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 personswith disabilities in the country. However, 90 per cent of the self-help groups have no stablesource 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 programmeto ensure the emergence of qualified leaders with disabilities. Most leaders with disabilities,especially in rural areas, have no skills for sourcing funds and for organizationaldevelopment, 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 theGovernment 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 theCRPD. President Arroyo issued Administrative Order No. 163 to strengthen the function of

the Presidential Human Rights Committee (PHRC), including formulation of the HumanRights Action Plan for the Eight Core Human Rights Treaties ratified or to be ratified by the

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63. Further, the Commission on Human Rights is to conduct education campaigns andrecommend harmonization of domestic laws with the CRPD to Congress. The Commissionon Human Rights is also to monitor the Governments compliance with the internationaltreaty obligations on human rights. Finally, the NCDA is to serve as a national workingbody to promote and monitor implementation of national laws and internationalcommitments.

8.5. Recommendation for actions for harmonization of domestic laws with the CRPD

The Human Rights Agenda for the National Human Rights Action Plan andProgramme should be revised to adequately reflect the CRPD.

New and specific legislation should be enacted to address the gap in the provision ofservices as well as the facilities available in society to be supported by national andlocal government agencies.

The Accessibility Law and the Magna Carta should be reviewed as soon as possibleto respond to the growing demand for equality of persons with disabilities to achieveintegration into the mainstream of society and to guarantee programmes adhere to

inclusive development and are appropriately funded. Specifically, the AccessibilityLaw should be amended to include facilities for people with intellectual disabilities.

8.6. ReferencesDefensor-Santiago, Miriam (2008). House Bill No. 4217, An Act Making Automated Teller

Machines Accessible to the Visually Impaired (Senate of the Philippines).Philippines (1949). Republic Act No. 386, the Civil Code of the Philippines, An Act to Obtainand Institute the Civil Code of the Philippines, 18 June, accessed fromwww.chanrobles.com/civilcodeofthephilippines.htm#REPUBLIC%20ACT%20NO.%20386on 2 February 2010.

__________(1964). Rules of Court, Supreme Court, 1 January, accessed fromhttp://sc.judiciary.gov.ph/court%20issuances/rules/index.php on 2 February 2010.

__________(1974a). Presidential Decree No. 442, As Amended, A Decree Instituting a LaborCode Thereby Revising and Consolidating Labor and Social Laws to Afford Protection toLabor, Promote Employment and Human Resources Development and Insure IndustrialPeace Based on Social Justice, accessed from www.dole.gov.ph/labor_codes.php?id=35 on 2February 2010.

__________ (1974b). Presidential Decree No. 603, the Child and Youth Welfare Code, 10December, accessed fromwww.chanrobles.com/childandyouthwelfarecodeofthephilippines.htm on 2 February 2010.

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__________ (1978). Presidential Decree No. 1509, Creating the National CommissionConcerning Disabled Persons and for Other Purposes, accessed fromwww.lawphil.net/statutes/presdecs/pd1978/pd_1509_1978.html on 1 February2010.

__________ (1982a). Batas Pambansa Bilang 344 or the Accessibility Law, An Act toEnhance the Mobility of Disabled Persons by Requiring Certain Buildings, Institutions,Establishments and Public Utilities to Install Facilities and Other Devices,accessed from www.architectureboard.ph/uploads/1212969359-BP344%20(1983).pdfon 2 February 2010.

__________ (1982b). Batas Pambansa Bilang 232, "Education Act of 1982", An ActProviding for the Establishment and Maintenance of an Integrated System ofEducation.

__________ (1987). Constitutions of the Republic of the Philippines.

__________ (1989). Republic Act No. 6759, An Act Declaring August One of Each Year asWhite Cane Safety Day in the Philippines and for Other Purposes.

__________ (1992). Republic Act No. 7277, "Magna Carta for Disabled Persons", AnAct Providing for the Rehabilitation Self-Development and Self-Reliance of DisabledPersons and their Integration into the Mainstream of Society and for Other Purposes,accessed from www.chanrobles.com/republicactno7277.htm on 2 February 2010.

__________ (1995a). Philippine Supreme Court Circular No. 46-1995, Accessibility ofCourtrooms to Disabled Persons, 18 September.

__________ (1995b). Republic Act No. 7941, An Act Providing for the Election of Party-ListRepresentatives through the Party-List System, and Appropriating Funds Therefore.

__________ (1997a). Republic Act No. 8293, An Act Prescribing the Intellectual PropertyCode and Establishing the Intellectual Property Office, Providing for its Powers andFunctions, and for Other Purposes.

__________ (1997b). Republic Act No. 8291, The Government Service Insurance System of1997, An Act Amending Presidential Decree No. 1146, As Amended, Expanding andIncreasing the Coverage and Benefits of the Government Service Insurance System,

Instituting Reforms Therein and for Other Purposes.

__________ (1999a). Administrative Order No. 101, Directing the Department of PublicWorks and Highways, the Department of Education, Culture and Sports, and theCommission on Higher Education to Provide for Architectural Facilities or StructuralFeatures for Disabled Persons in all State Colleges, Universities and other Public Buildings.

__________ (1999b). Marites Bernardo, et al. vs. National Labor Relations Commission andFar East Bank and Trust Company-G.R. No. 122917, July 12, Supreme Court.

__________ (2004). Philippine Supreme Court Memorandum Order No. 59-2004, Authorizing theCourt Administrator to Act on and Approve Requests of Lower Courts for the Hiring of SignLanguage Interpreters, 10 September.

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__________ (2005). Executive Order No. 437, Encouraging the Implementation ofCommunity-Based Rehabilitation (CBR) for Persons with Disabilities in the Philippines.

__________ (2006). Administrative Order No. 163, Strengthening and Increasing the

Membership of the Presidential Human Rights Committee, and Expanding Further theFunctions of said Committee, December 8.

__________ (2007a). Republic Act No. 9442, An Act Amending Republic Act No. 7277,Otherwise Known as the Magna Carta for Disabled Persons, and for Other Purposes, 24July, accessed from www.ops.gov.ph/records/ra_no9442.htm on 2 February 2010.

__________ (2007b). Executive Order No. 676, Transferring the National Council for theWelfare of Disabled Persons (NCWDP) from the Department of Social Welfare andDevelopment (DSWD) to the Office of the President.

__________ (2008). Executive Order No. 709, Redefining the Functions and OrganizationalStructure of the National Council for the Welfare of Disabled Persons Which is Renamed asthe National Council on Disability Affairs and Attached to the Office of the President, andAmending for the Executive Order No. 676 (2007) and Executive Order No. 232 (1987).

Tieng, William Erwin C. (2008). Senate Bill No. 2664, An Act Granting Exemptions fromSecuring Permission from the Publisher or Copyright Owner of Printed Materials toReproduce the Same in a Specialized Format for the Exclusive Use of Blind or VisuallyImpaired Individuals, Amending for this Purpose Section 185 of Republic Act No. 8293,Otherwise Known as the Intellectual Property Code of the Philippines, and for OtherPurposes (House of Representatives, Philippines).
http://www.ops.gov.ph/records/ra_no9442.htm%20on%202%20February%202010http://www.ops.gov.ph/records/ra_no9442.htm%20on%202%20February%202010

Documents

Paper VIII Philippines 20110121