GOCC Building

8/11/2019 GOCC Building

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Government office design mainly depends on the function of the office and

working schedule and regular timings of the office. The purpose of its design

should be studied carefully for a successful office design. The number of people

and the kind of people that are going to be working in the office have to be

taken into consideration so as to provide a comfortable working space.

The process of Design can be split up into four parts:

Understanding design Considerations

Important Design Factors

Importance of Interior Design

Office Systems

Pattern of Population of a Government Office Building

The population of a government office jumps from zero to maximum within amorning hour. And it declines likewise in the evening, only maintenance staff

remaining there. So the entrance should be large enough to cope with this and

at the same time should not intimidate the visitors.

General requirements of a Government Office

Government office is a space where people are active the entire day. Keeping

this in mind, we have to consider all the necessary factors that are essential for

the design of a comfortable office space. Like for any other planning, adequate

light, proper air circulation, controlled sound level, right work surface and

storage for stationary, equipment and other sundry articles should be

considered.

Specific requirements

Reception Area

- It is a must because every visitor needs a pause before meeting the

desired person.

List of Staff

-

Categorised list of staff is required to decide the division of space. Further

expansion should be kept in mind. The list should be category wise. The
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people working in an establishment, known collectively as the staff or

personnel, are normally divided into four categories:

Executive

-

Higher and lower differs who have to be allotted a separate cabin.

Office Assistants

-

Clerks, stenographers, typists, receptionists, telephone operators, etc the

middle level staff. All these require proper work space.

Helpers

-

Peons, office boys, delivery boys, watchmen, etc. They require only sitting

space.

Menials

-

Staff employed for the upkeep of the office. Usually, they enter office

after office hours and remain out of office, though they need a corner or

cubicle to store their wares such as broom, vacuum, cleaner, brushes,

mops, ladder, etc.

Work space

-

Find out are and type of space, the type of work surface storage for

stationary, equipment and other personal articles like bag, Tiffin, etc,

sitting arrangement for visitors and the treatment of the workspace or

cabin.

Storage and space for materials

-

What is not personnel, is materiel, i.e., material. Office machines for

collective use, like copiers, cyclostyling machine, and computer require

proper space. So also stationery and other sundry items like heater, kettle,

crockery etc. All these should be written down properly.

Work Relationship

- Note down the members of personnel and relationship among them. This

will facilitate in grouping of personnel and planning of functional interior.

Nature of Business


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-

Certain business requires simplicity, like chattered accountants office;

certain require glamour, like an advertising agencys office. Some offices

require privacy like a modelling agencys office and some require security

like financial institutions.

Staff room

-

To avoid messing in the office, attached kitchen with the staff room is

recommended. Kitchenette makes the staff really happy creating a

semblance of home in the office while providing warm food.

Toilet

-

Necessary for good image and hygiene. Automatic tap water with

automatic drier should be installed with neat and clean well-designed

toilet.

Conference Room

-

If space allows, provide a small conference room near the reception area

where visitors and personnel can meet. This avoids disturbance in the

office, the reception area does not get crowded, office security is intact

and visitors save their time.

Sustainable Features to be Incorporated in a Building

Sustainable buildings should:

Harvest all of their own water and energy needs on site.

Be adapted specifically to site climate and evolve as conditions change.

Operate pollution free and generate no waste that arent useful for some

other process in the building or immediate environment.

Promote the health and well-being of all inhabitants, as a healthy

ecosystem does.

It should comprise energy efficient integrated systems that maximizeefficiency and comfort.

Improve the health and diversity of the local ecosystem rather than

degrade it.

Be beautiful and inspire us to dream.

A practical guide towards achieving Sustainability in Design


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A building cannot be sustainable unless its interior design is not in tandem

with it. Solar and Wind energy should be made use of and the orientation

and placement of a site should be looked into.

Positioning of windows should be such that they allow cross ventilation,

thus creating climate sensitive design. Day lighting is an important factor that has considerable importance in

case of any design. Day lighting reduces the need for artificial lighting

thus saving energy.

For furniture, instead of hardwoods, renewable materials like rubber wood,

bamboo and cane can be used.

Glass can be used as facade cladding with opaque insulation thus

helping in keeping the building cool. Special venetian blinds further cool

the rooms.

Landscaping should be done on roofs to minimize solar gain. Innovative construction techniques for roofing such as domes, arches and

precast brick panels should be used as they reduce energy consumption

of a building. Non-mechanical systems for cooling and heating should be

preferred, introducing air-conditioning only when absolutely necessary.

Rainwater harvesting is an important aspect of sustainability.

Sustainable design is the thoughtful integration of architecture with electrical,

mechanical, and structural engineering. In addition to concern for the

traditionalism, aesthetics, massing, proportion, scale, texture, shadow and light,

the design team needs to be concerned with long term costs: environmental,

economic and human.

All in all, a sustainable design is more a practical philosophy of the building than

perspective building style.

Green Building Architecture and Sustainable Development

Green Building Architecture is not only about using expensive products that

minimize the use of electrical power which in turn would save oil and contribute

tosustainable development.
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There are various design features that are to be incorporated while designing a

green building. After designing the building block in a way which offers a

comfortable living space along with reduction of power and usage of energy

intensive materials; our next step would be towards outdoor planning which is

also as important as the planning of the building itself.

Two major processes of Green Building Architecture

Active Process

Passive Process

Active Features

Use of Solar Photovoltaic Panels

Wind Energy

Wave Energy Use of Solar Energy

Passive Features

Use of thick walls

High ceilings

Ventilators

Skylights

Coping

Necessity of Parapet

Cornices in the exterior facade

Use of Landscaping Elements

Berms

Tall trees

Shrubs, bushes

Use of Pergolas

Construction of Trellises

Ponds

Balconies

Verandas

Cavity walls

Rain water harvesting pit

Installation of Sewage treatment

Use of natural material
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Use of local materials

FIRE CODE OF THE PHILIPPINES

WHEREAS, death and injury to persons and loss and damage to property by fire

have reached alarming proportion that the economic and social gains of the

society are being continually undermined;

WHEREAS, in order to effect a meaningful reduction of the alarming fire losses,

there is a need to develop national consciousness and involvement of all

persons in the prevention and suppression of fires;

WHEREAS, fire prevention and suppression require the adoption of uniform fire

safety standards, the incorporation of fire safety construction and provision ofprotective and safety devices in buildings and structures;

WHEREAS, there is an urgent need for an agency primarily responsible for the

implementation and coordination of the activities of all sectors of society on fire

safety, prevention and suppression;

WHEREAS, in order to effectively implement all efforts to minimize the

occurrence of fires and their destructive effects, full financial, equipment and

personnel support by the government and the private sector is necessary;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by

virtue of the powers vested in me by the Constitution, do hereby order and

decree as part of the law of the land the following:

Section 1.Title.This Decree and the Rules and Regulations for its implementation

shall be known as the "Fire Code of the Philippines" and shall hereinafter be

referred to as the "Fire Code".

Section 2.Declaration Of Policies.The following are declared policies of the

State:

(a) The government, with the cooperation of the private sector, shall develop

and promulgate sets of standards and regulations taking into consideration the

latest development in fire technology suitable to Philippine conditions;


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(b) Fire prevention and fire safety shall be given equal, if not greater emphasis

as the suppression or extinguishment of fires. Fire prevention education shall be

undertaken continuously involving all sectors of the community;

(c) The Fire Service of the Integrated National Police shall endeavor to respond

to all fires before they reach critical and conflagration stages. Towards this end,

the organization, administration and operation of the Fire Service shall be

improved and developed, its personnel and equipment augmented and

effective fire alarm systems set up; and

(d) The Fire Service shall be professionalized. For this purpose, educational

institutions shall endeavor to include in their curricula, courses on fire technology

and fire protection engineering.

Section 3.Definition Of Terms.As used in this Fire Code, the following words and

phrases shall mean and be construed as indicated:

ABATEMENT Any act that would remove or neutralize a fire hazard.

ADMINISTRATOR Any person who acts as agent of the owner and manages the

use of a building for him.

BLASTING AGENT Any material or mixture consisting of a fuel and oxidizer used to

set off explosives.

CELLULOSE NITRATE OR NITRO CELLULOSE A highly combustible and explosivecompound produced by the reaction of nitric acid with a cellulose material.

CELLULOSE NITRATE PLASTIC (PYROXYLIN) Any plastic substance, materials or

compound having cellulose nitrate (nitro cellulose) as base.

COMBUSTIBLE, FLAMMABLE OR INFLAMMABLE Descriptive of materials that are

easily set on fire.

COMBUSTIBLE FIBER Any readily ignitable and free burning fiber such as cotton,

oakum, rags, waste cloth, waste paper, kapok, hay, straw, Spanish moss,

excelsior and other similar materials commonly used in commerce.

COMBUSTIBLE LIQUID Any liquid having a flash point at or above 37.8_C (100_F).

CORROSIVE LIQUID Any liquid which causes fire when in contact with organic

matter or with certain chemicals.


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CURTAIN BOARD A vertical panel of non-combustible or fire resistive materials

attached to and extending below the bottom chord of the roof trusses, to

divide the underside of the roof into separate compartments so that heat and

smoke will be directed upwards to a roof vent.

CRYOGENIC Descriptive of any material which by its nature or as a result of its

reaction with other elements produces a rapid drop in temperature of the

immediate surroundings.

DAMPER A normally open device installed inside an air duct system which

automatically closes to restrict the passage of smoke or fire.

DISTILLATION The process of first raising the temperature in separate the more

volatile from the less volatile parts and then cooling and condensing the

resulting vapor so as to produce a nearly purified substance.

DUCT SYSTEM A continuous passageway for the transmission of air.

DUST A finely powdered substance which, when mixed with air in the proper

proportion and ignited will cause an explosion.

ELECTRICAL ARC An extremely hot luminous bridge formed by passage of an

electric current across a space between two conductors or terminals due to the

incandescence of the conducting vapor.

EMBER A hot piece or lump that remains after a material has partially burned,and is still oxidizing without the manifestation of flames.

FINISHES Materials used as final coating of a surface for ornamental or protective

purposes.

FIRE The active principle of burning, characterized by the heat and light of

combustion.

FIRE TRAP A building unsafe in case of fire because it will burn easily or because

it lacks adequate exits or fire escapes.

FIRE ALARM Any visual or audible signal produced by a device or system to

warm the occupants of the building or fire fighting elements of the presence or

danger of fire to enable them to undertake immediate action to save life and

property and to suppress the fire.


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HORIZONTAL EXIT Passageway from one building to another or through or

around a wall in approximately the same floor level.

HOSE BOX A box or cabinet where fire hoses, valves and other equipment are

stored and arranged for fire fighting.

HOSE REEL A cylindrical device turning on an axis around which a fire hose is

wound and connected.

HYPERGOLIC FUEL A rocket or liquid propellant which consist of combinations of

fuels and oxidizers which ignite spontaneously on contact with each other.

INDUSTRIAL BAKING AND DRYING The industrial process of subjecting materials to

heat for the purpose of removing solvents or moisture from the same, and/or to

fuse certain chemical salts to form a uniform glazing the surface of materials

being treated.

JUMPER A piece of metal or an electrical conductor used to bypass a safety

device in an electrical system.

OCCUPANCY The purpose for which a building or portion thereof is used or

intended to be used.

OCCUPANT Any person actually occupying and using a building or portions

thereof by virtue of a lease contract with the owner or administrator or by

permission or sufferance of the latter.

ORGANIC PEROXIDE A strong oxidizing organic compound which releases

oxygen readily. It causes fire when in contact with combustible materials

especially under conditions of high temperature.

OVERLOADING The use of one or more electrical appliances or devices which

draw or consume electrical current beyond the designed capacity of the

existing electrical system.

OWNER The person who holds the legal right of possession or title to a building or

real property.

OXIDIZING MATERIAL A material that readily yields oxygen in quantities sufficient

to stimulate or support combustion.

PRESSURIZED OR FORCED DRAFT BURNING EQUIPMENT Type or burner where the

fuel is subjected to pressure prior to discharge into the combustion chamber


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and/or which includes fans or other provisions for the introduction of air at

above normal atmosphere pressure into the same combustion chamber.

PUBLIC ASSEMBLY BUILDING Any building or structure where fifty (50) or more

people congregate, gather, or assemble for any purpose.

PUBLIC WAY Any street, alley or other strip of land unobstructed from the ground

to the sky, deeded, dedicated or otherwise permanently appropriated for

public use.

PYROPHORIC Descriptive of any substance that ignites spontaneously when

exposed to air.

REFINING A process where impurities and/or deleterious materials are removed

from a mixture in order to produce a pure element of compound. It shall also

refer to partial distillation and electrolysis.

SELF-CLOSING DOORS Automatic closing doors that are designed to confine

smoke and heat and delay the spread of fire.

SMELTING Melting or fusing of metallic ores or compounds so as to separate

impurities from pure metals.

SPRINKLER SYSTEM An integrated network of hydraulically designed piping

installed in a building, structure or area with outlets arranged in a systematic

pattern which automatically discharges water when activated by heat orcombustion products from a fire.

STANDPIPE SYSTEM A system of vertical pipes in a building to which fire hoses can

be attached on each floor, including a system by which water is made

available to the outlets as needed.

VESTIBULE A passage hall or antechamber between the outer doors and the

interior parts of a house or building.

VERTICAL SHAFT An enclosed vertical space of passage that extends from floor

to floor, as well as from the base to the top of the building.

Section 4.Applicability Of The Code.The provisions of the Fire Code shall apply

to all persons and all private and public buildings, facilities or structures erected

or constructed before and after its effectivity.


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Section 5.Grace Period.The owner, administrator or occupant of buildings or

structures existing at the time of the effectivity of the Fire Code is given two (2)

years to comply with the provisions thereof on fire safety constructions and on

protective and warning systems. However, the Director General of the

Integrated National Police may prescribe a shorter period depending upon thedegree of hazard to be recorded and the cost and extent of the work to be

done.

Section 6.Responsibility for the Enforcement of this Code.The Fire Service, under

the direct supervision and control of the Director General of the Integrated

National Police, hereinafter referred to as the "Director General" shall be

responsible for the enforcement of this Code, as well as pertinent provisions of

other laws pertaining to fire protection or fire safety. With the approval of the

Secretary of National Defense, the Director General is hereby authorized to:

(a) Issue implementing rules and regulations, and prescribe administrative

penalties therefore;

(b) Reorganize the Fire Service of the Integrated National Police as may be

necessary and appropriate;

(c) Enter into long term agreement, either through public biddings or

negotiations to include advance payments therefor, for the acquisition of fire

prevention, fire protection and fire fighting equipment, supplies and materials

and related technical services necessary for the Fire Service; and

(d) Enter into Memoranda of Agreement with other departments, bureaus,

agencies, offices and corporations of the government, as well as private

institutions, in order to define areas of corporation and coordination and

delineate responsibility on fire prevention education, fire safety, fire prevention,

fire suppression and other matters of common concern.

Section 7.Technical Staff.The Director General shall constitute a technical staff

of highly qualified persons who are knowledgeable on fire prevention, fire

safety, and fire suppression. They may be drawn not only from the organic

members of the Integrated National Police and other government offices and

agencies, but also from other sources. In the latter case, they will either be

appointed into the service or hired as consultants in accordance with law. The

technical staff shall study, review and evaluate latest developments and

standards on fire technology; prepare plans/programs on fire safety, prevention


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and suppression and evaluate implementation thereof; develop programs on

the professionalization of the fire service; coordinate with appropriate

government and private institutions for the offering of college courses on fire

technology and fire protection engineering; propose amendments to the Fire

Code; advise the Director General on any matter brought to his attention; andperform such other functions as directed on any matter brought to his attention

and perform such other functions as directed by higher authorities.

Section 8.Inspections, Safety Measures, Fire Safety, Constructions, and

Protective and/or Warning Systems.As may be defined and provided in the

Rules and Regulations, owners, administrators or occupants of buildings,

structures and their premises or facilities and other responsible persons shall be

required to comply with the following, as may be appropriate:

a. Inspection Requirement A fire safety inspection shall be conducted by theDirector General or his duly authorized representative as prerequisite to the

grants of permits and/or licenses by local governments and other government

agencies concerned, for the:

(1) Use or occupancy of buildings, structures, facilities or their premises including

the installation or fire protection and fire safety equipment, and electrical system

in any building structure or facility;

(2) Storage, handling and/or use of explosives or of combustible, flammable,

toxic and other hazardous materials;

b. Safety Measures for Hazardous Materials Fire safety measures shall be required

for the manufacture, storage, handling and/or use of hazardous materials

involving:

(1) Cellulose nitrate plastic of any kind;

(2) Combustible fibers;

(3) Cellular materials such as foam, rubber, sponge rubber and plastic foam;

(4) Flammable and combustible liquids or gases of any classification;

(5) Flammable paints, varnishes, stains and organic coatings;

(6) High-piled or widely spread combustible stock;

(7) Metallic magnesium in any form;


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(8) Corrosive liquids, oxidizing materials, organic peroxide, nitromethane,

ammonium nitrate, or any amount of highly toxic, pyrophoric, hypergolic, or

cryogenic materials or poisonous gases as well as material compounds which

when exposed to heat or flame become a fire conductor, or generate

excessive smoke or toxic gases;

(9) Blasting agents, explosives and special industrial explosive materials, blasting

caps, black powder, liquid nitro-glycerine, dynamite, nitro cellulose, fulminates

of any kind, and plastic explosives containing ammonium salt or chlorate;

(10) Fireworks materials of any kind or form;

(11) Matches in commercial quantities;

(12) Hot ashes, live coals and embers;

(13) Mineral, vegetable or animal oils and other derivatives/by products;

(14) Combustible waste materials for recycling or resale;

(15) Explosive dusts and vapors; and

(16) Agriculture, forest, marine or mineral products which may undergo

spontaneous combustion.

c. Safety measures for hazardous operation/processes Fire Safety measures shall

be required for the following hazardous operation/processes:

(1) Welding or soldering;

(2) Industrial baking and drying;

(3) Waste disposal;

(4) Pressurized/forced-draft burning equipment;

(5) Smelting and forging;

(6) Motion picture projection using electrical arc lamps;

(7) Refining, distillation and solvent extraction; and

(8) Such other operations or processes as may hereafter be prescribed in the

Rules and Regulations.


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d. Provision on Fire Safety Construction, Protective and Warning System Owners,

occupants or administrator or buildings, structures and their premises or facilities,

except such other buildings or structures as may be exempted in the rules and

regulations to be promulgated under Section 6 hereof, shall incorporate and

provide therein fire safety construction, protective and warning system, and shalldevelop and implement fire safety programs, to wit:

(1) Fire protection features such as sprinkler systems, hose boxes, hose reels or

standpipe systems and other fire fighting equipment;

(2) Fire Alarm systems;

(3) Fire walls to separate adjoining buildings, or warehouses and storage areas

from other occupancies in the same building;

(4) Provisions for confining the fire at its source such as fire resistive floors andwalls extending up to the next floor slab or roof, curtain boards and other fire

containing or stopping components;

(5) Termination of all exits in an area affording safe passage to a public way or

safe dispersal area;

(6) Stairway, vertical shafts, horizontal exits and other meals of egress sealed

from smoke and heat;

(7) A fire exit plan for each floor of the building showing the routes from eachother room to appropriate exits, displayed prominently on the door of such

room;

(8) Self-closing fire resistive doors leading to corridors;

(9) Fire dampers in centralized air-conditioning ducts;

(10) Roof vents for use by fire fighters; and

(11) Properly marked and lighted exits with provision for emergency lights to

adequately illuminate exit ways in case of power failure.

Section 9.Prohibited Acts.The following are declared as prohibited act and

omission.

(a) Obstructing or blocking the exit ways or across to buildings clearly marked

for fire safety purposes, such as but not limited to aisles in interior rooms, any part


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of stairways, hallways, corridors, vestibules, balconies or bridges leading to a

stairway or exit of any kind, or tolerating or allowing said violations;

(b) Constructing gates, entrances and walkways to buildings components and

yards which obstruct the orderly and easy passage of fire fighting vehicles and

equipment;

(c) Prevention, interference or obstruction of any operation of the Fire Service, or

of duly organized and authorized fire brigades;

(d) Obstructing designated fire lanes or access to fire hydrants;

(e) Overcrowding or admission of persons beyond the authorized capacity in

movie houses, theaters, coliseums, auditoriums or other public assembly

buildings, except in other assembly areas on the ground floor with open sides or

open doors sufficient to provide safe exits;

(f) Locking fire exits during period when people are inside the building;

(g) Prevention or obstruction of the automatic closure of fire doors or smoke

partitions or dampers;

(h) Use of fire protective of fire fighting equipment of the Fire Service other than

for fire fighting except in other emergencies where their use are justified;

(i) Giving false or malicious fire alarms;

(j) Smoking in prohibited areas as may be determined by Fire Service, or

throwing of cigars, cigarettes, burning objects in places which may start or

cause fire;

(k) Abandoning or leaving a building or structure by the occupant or owner

without appropriate safety measures;

(l) Removing. destroying, tampering or obliterating any authorized mark, seal,

sign or tag posted or required by the Fire Service for fire safety in any building,

structure or processing equipment; and

(m) Use of jumpers or tampering with electrical wiring or overloading the

electrical system beyond its designated capacity or such other practices that

would tend to undermine the fire safety features of the electrical system.


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Section 10.Abatement of Fire Hazard.Fire hazards shall be abated immediately.

For this purpose, the Director General or his duly authorized representative may

issue order for such abatement. If the owner, administrator or occupant of

buildings, structure and their premises or facilities does not abate the same

within the period fixed in said order, the occupancy permit or permit to operateshall be canceled. Any building or structure declared as a firetrap or is causing

clear and present fire danger to adjoining establishments and habitations shall

be declared a public nuisance, as defined in the Civil Code of the Philippines. If

the assessed value of the building or structure is not more than twenty thousand

(P20,000.00) pesos, the owner, administrator or occupant thereof shall abate the

hazard within thirty (30 days or if the assessed value is more than twenty

thousand (P20,000.00) pesos, within sixty (60) days from receipt of the order

declaring said building or structure a public nuisance; otherwise, the Director

General or his duly authorized representative shall forthwith cause its summaryabatement. Summary abatement as used herein shall mean all corrective

measures undertaken to abate hazards which shall include but not limited to

remodeling, repairing, strengthening, reconstructing, removal and demolition,

either partial or total, of the building or structure. The expenses incurred by the

government for such summary abatement shall be borne by the owner,

administrator or occupant. These expenses shall constitute a prior lien upon such

property.

Section 11.Enforcement of The Lien.If the owner, administrator or occupant fails

to reimburse the government of the expenses incurred in the summary

abatement within ninety (90) days from the completion of such abatement, the

building or structure shall be sold at public auction in accordance with existing

laws and rules. No property subject of lien under Section 10 hereof, may be sold

at a price lower than the abatement expenses incurred by the government. The

property shall be forfeited in favor of the government if the highest bid is not at

least equal to the abatement expenses.

Section 12.Penalties.

(a) ADMINISTRATIVE FINE Any person who violates any provision of the Fire Code

or any of the rules and regulations promulgated under Section 6 hereof shall be

penalized by an administrative fine of not exceeding twelve thousand

(P12,000.00) pesos or in the proper case, by stoppage of operations or by

closure of such buildings, structures and their premises or facilities which do not

comply with the requirements or by both such administrative fine and


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closure/stoppage of operation to be imposed by the Director General,

Provided, That the payment of the fine, stoppage of operations and/or closure

of such buildings, structures, and their premises or facilities shall not absolve the

violator from correcting the deficiency or abating the fire hazard. The decision

of the Director General, under this subsection, may be appealed to theSecretary of National Defense, within fifteen (15) days from the date of receipt

of the order imposing the administrative fine, stopping the operations and/or

closure. The decision of the Secretary of National Defense shall be final and

executory.

(b) PUNITIVE In case of willful failure to correct the deficiency or abate the fire

hazard as provided in the preceding subsection, the violator shall, upon

conviction, be punished by imprisonment of not less than six (6) months nor more

than six (6) years, or by a fine of not more than twenty thousand (P20,000.00)

pesos or both such fine and imprisonment; Provided, however, that in case of a

corporation, firm, partnership or association, the fine and/or imprisonment shall

be imposed upon its officials responsible for such violation, and in case the guilty

party is an alien, in addition to the penalties herein prescribed, he shall

immediately be deported; Provided, finally, that were the violation is attended

by loss of life and/or damage to property, the violator shall be proceeded

against under the applicable provisions of the Revised Penal Code.

Section 13.Appropriation and Sources of Income.

(a) To support the manpower, infrastructure and equipment needs of the Fire

Service of the Integrated National Police, the sum of one hundred million

(P100,000,000.00) pesos is hereby appropriated. Thereafter, the same of such

amount as may be necessary to attain the objectives of the Fire Code shall be

appropriated and included in the annual appropriation of the Integrated

National Police for the next ten (10) years.

(b) To partially provide for the funding of the Fire Service the following taxes and

fees which shall accrue to the General Fund of the National Government, are

hereby imposed:

(1) Fees to be charged for the issuance of certificates, permits and licenses as

provided for in Section 8 (a) hereof;

(2) One-tenth of one per centum (0.1%) of the verified estimated value of

buildings or structures to be erected, from the owner thereof, but not to exceed


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fifty thousand (P50,000.00) pesos, one half to be paid prior to the issuance of the

building permit, and the balance, after final inspection and prior to the issuance

of the use and occupancy permit;

(3) One-hundredth of one per centum (0.10%) of the assessed value of buildings

or structures annually payable upon payment of the real estate tax, except on

structures used as single family dwellings;

(4) Two per centum (2%) of all premiums, excluding re-insurance premiums for

the sale of fire, earthquake and explosion hazard insurance collected by

companies, persons or agents licensed to sell such insurances in the Philippines;

(5) Two per centum (2%) of gross sales of companies, persons or agents selling

fire fighting equipment, appliances or devices, including hazard detection and

warning systems; and

(6) Two per centum (2%) of the service fees received from fire, earthquake, and

explosion hazard preinsurance surveys and post loss service of insurance

adjustment companies doing business in the Philippines directly through agents.

Section 14.Collection of Taxes, Fees and Fines.All taxes, fees and fines provided

in Section 13 hereof, shall be collected by the City or Municipal Treasurer

concerned for remittance to the National Treasury.

Section 15.Separability Clause.If any provision of this Code or the application of

such provisions to any person or circumstance is declared unconstitutional, the

remainder of the Code or the application of such provision to other persons or

circumstances shall not be affected by such declaration.

Section 16.Repealing Clause.Provisions of Presidential Decree No. 442,

otherwise known as the Labor Code of the Philippines, as amended and

Presidential Decree No. 1096, otherwise known as the National Building Code

and other laws, decrees, orders or regulations in conflict or inconsistent with the

provisions of this Fire Code are hereby repealed or modified accordingly.

Section 17.Effectivity.This Fire Code and its Rules and Regulations shall take

effect thirty (30) days after their publication in newspapers of general

circulation.


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Republic Act No. 7277

"Magna Carta for Disabled Persons"AN ACT PROVIDING FOR THE REHABILITATION, SELF-DEVELOPMENT AND SELF-

RELIANCE OF DISABLED PERSONS AND THEIR INTEGRATION INTO THE MAINSTREAM

OF SOCIETY AND FOR OTHER PURPOSES.

TITLE I

GENERAL PROVISIONS

CHAPTER I

BASIC PRINCIPLE

Section 1. Title.This Act shall be known and cited as the "Magna Carta for

Disabled Persons."

Sec. 2. Declaration of PolicyThe grant of the rights and privileges for disabled

persons shall be guided by the following principles:

(a) Disabled persons are part of Philippine society, thus the State shall give full

support to the improvement of the total well-being of disabled persons and their

integration into the mainstream of society. Toward this end, the State shall adopt

policies ensuring the rehabilitation, self-development and self-reliance of

disabled persons. It shall develop their skills and potentials to enable them to

compete favorably for available opportunities.

(b) Disabled persons have the same rights as other people to take their proper

place in society. They should be able to live freely and as independently as

possible. This must be the concern of everyonethe family, community and allgovernment and nongovernment organizations. Disabled persons' rights must

never be perceived as welfare services by the Government.

(c) The rehabilitation of the disabled persons shall be the concern of the

Government in order to foster their capacity to attain a more meaningful,

productive and satisfying life. To reach out to a greater number of disabled


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persons, the rehabilitation services and benefits shall be expanded beyond the

traditional urban-based centers to community based programs, that will ensure

full participation of different sectors as supported by national and local

government agencies.

(d) The State also recognizes the role of the private sector in promoting the

welfare of disabled persons and shall encourage partnership in programs that

address their needs and concerns.

(e) To facilitate integration of disabled persons into the mainstream of society,

the State shall advocate for and encourage respect for disabled persons. The

State shall exert all efforts to remove all social, cultural, economic,

environmental and attitudinal barriers that are prejudicial to disabled persons.

Sec. 3. Coverage.This Act shall cover all disabled persons and, to the extent

herein provided, departments, offices and agencies of the National

Government or nongovernment organizations involved in the attainment of the

objectives of this Act.

Sec. 4. Definition of Terms.For purposes of this Act, these terms are defined as

follows:

(a) Disabled persons are those suffering from restriction or different abilities, as a

result of a mental, physical or sensory impairment, to perform an activity in the

manner or within the range considered normal for a human being;

(b) Impairment is any loss, diminution or aberration of psychological,

physiological, or anatomical structure or function;

(c) Disability shall mean 1) a physical or mental impairment that substantially

limits one or more psychological, physiological or anatomical function of an

individual or activities of such individual; 2) a record of such an impairment; or 3)

being regarded as having such an impairment;


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(d) Handicap refers to a disadvantage for a given individual, resulting from an

impairment or a disability, that limits or prevents the function or activity, that is

considered normal given the age and sex of the individual;

(e) Rehabilitation is an integrated approach to physical, social, cultural, spiritual,

educational and vocational measures that create conditions for the individual

to attain the highest possible level of functional ability;

(f) Social Barriers refer to the characteristics of institutions, whether legal,

economic, cultural, recreational or other, any human group, community, or

society which limit the fullest possible participation of disabled persons in the life

of the group. Social barriers include negative attitudes which tend to single out

and exclude disabled persons and which distort roles and inter-personal

relationships;

(g) Auxiliary Aids and Services include:

(1) qualified interpreters or other effective methods of delivering materials to

individuals with hearing impairments;

(2) qualified readers, taped tests, or other effective methods of delivering

materials to individuals with visual impairments;

(3) acquisition or modification of equipment or devices; and

(4) other similar services and actions or all types of aids and services thatfacilitate the learning process of people with mental disability.

(h) Reasonable Accommodation include 1) improvement of existing facilities

used by employees in order to render these readily accessible to and usable by

disabled persons; and 2) modification of work schedules, reassignment to a

vacant position, acquisition or modification of equipment or devices,

appropriate adjustments or modifications of examinations, training materials or

company policies, rules and regulations, the provision of auxiliary aids and

services, and other similar accommodations for disabled persons;

(i) Sheltered Employment refers to the provision of productive work for disabled

persons through workshops providing special facilities, income-producing

projects or homework schemes with a view to giving them the opportunity to

earn a living thus enabling them to acquire a working capacity required in open

industry;


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(j) Auxiliary Social Services are the supportive activities in the delivery of social

services to the marginalized sectors of society;

(k) Marginalized Disabled Persons refer to disabled persons who lack access to

rehabilitative services and opportunities to be able to participate fully in

socioeconomic activities and who have no means of livelihood and whose

incomes fall below the poverty threshold;

(l) Qualified Individual with a Disability shall mean an individual with a disability

who, with or without reasonable accommodations, can perform the essential

functions of the employment position that such individual holds or desires.

However, consideration shall be given to the employer's judgment as to what

functions of a job are essential, and if an employer has prepared a written

description before advertising or interviewing applicants for the job, this

description shall be considered evidence of the essential functions of the job;

(m) Readily Achievable means a goal can be easily attained and carried out

without much difficulty or expense. In determining whether an action is readily

achievable, factors to be considered include

(1) the nature and cost of the action;

(2) the overall financial resources of the facility or facilities involved in the

action; the number of persons employed at such facility; the effect on expenses

and resources, or the impact otherwise of such action upon the operation of the

facility;

(3) the overall financial resources of the covered entity with respect to the

number of its employees; the number, type and location of its facilities; and

(4) the type of operation or operations of the covered entity, including the

composition, structure and functions of the work force of such entity; the

geographic separateness, administrative or fiscal relationship of the facility or

facilities in question to the covered entity.

(n) Public Transportation means transportation by air, land and sea that provides

the public with general or special service on a regular and continuing basis;

(o) Covered Entity means an employer, employment agency, labor

organization or joint-labor management committee; and


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(p) Commerce shall be taken to mean as travel, trade, traffic, commerce,

transportation, or communication among the provinces or between any foreign

country or any territory or possession and any province.

TITLE II

RIGHTS AND PRIVILEGES OF DISABLED PERSONS

CHAPTER I

EMPLOYMENT

Sec. 5. Equal Opportunity for Employment.No disable person shall be denied

access to opportunities for suitable employment. A qualified disabled employee

shall be subject to the same terms and conditions of employment and the same

compensation, privileges, benefits, fringe benefits, incentives or allowances as aqualified able bodied person.

Five percent (5%) of all casual emergency and contractual positions in the

Departments of Social Welfare and Development; Health; Education, Culture

and Sports; and other government agencies, offices or corporations engaged in

social development shall be reserved for disabled persons.

Sec. 6. Sheltered EmploymentIf suitable employment for disabled personscannot be found through open employment as provided in the immediately

preceding Section, the State shall endeavor to provide it by means of sheltered

employment. In the placement of disabled persons in sheltered employment, it

shall accord due regard to the individual qualities, vocational goals and

inclinations to ensure a good working atmosphere and efficient production.

Sec. 7. Apprenticeship.Subject to the provisions of the Labor Code as

amended, disabled persons shall be eligible as apprentices or learners:

Provided, That their handicap is not as much as to effectively impede the

performance of job operations in the particular occupation for which they are

hired; Provided, further, That after the lapse of the period of apprenticeship, if

found satisfactory in the job performance, they shall be eligible for employment.

Sec. 8. Incentives for Employers.(a) To encourage the active participation of

the private sector in promoting the welfare of disabled persons and to ensure


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gainful employment for qualified disabled persons, adequate incentives shall be

provided to private entities which employ disabled persons.

(b) Private entities that employ disabled persons who meet the required skills or

qualifications, either as regular employee, apprentice or learner, shall be

entitled to an additional deduction, from their gross income, equivalent to

twenty-five percent (25%) of the total amount paid as salaries and wages to

disabled persons: Provided, however, That such entities present proof as certified

by the Department of Labor and Employment that disabled persons are under

their employ: Provided, further, That the disabled employee is accredited with

the Department of Labor and Employment and the Department of Health as to

his disability, skills and qualifications.

(c) Private entities that improve or modify their physical facilities in order to

provide reasonable accommodation for disabled persons shall also be entitledto an additional deduction from their net taxable income, equivalent to fifty

percent (50%) of the direct costs of the improvements or modifications. This

Section, however, does not apply to improvements or modifications of facilities

required under Batas Pambansa Bilang 344.

Sec. 9. Vocational Rehabilitation.Consistent with the principle of equal

opportunity for disabled workers and workers in general, the State shall take

appropriate vocational rehabilitation measures that shall serve to develop the

skills and potentials of disabled persons and enable them to compete favorably

for available productive and remunerative employment opportunities in the

labor market.

The State shall also take measures to ensure the provision of vocational

rehabilitation and livelihood services for disabled persons in the rural areas. In

addition, it shall promote cooperation and coordination between the

government and nongovernmental organizations and other private entities

engaged in vocational rehabilitation activities.

The Department of Social Welfare and Development shall design and

implement training programs that will provide disabled persons with vocational

skills to enable them to engage in livelihood activities or obtain gainful

employment. The Department of Labor and Employment shall l ikewise design

and conduct training programs geared towards providing disabled persons with

skills for livelihood.


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Sec. 10. Vocational Guidance and Counseling.The Department of Social

and Welfare and Development, shall implement measures providing and

evaluating vocational guidance and counseling to enable disabled persons to

secure, retain and advance in employment. It shall ensure the availability and

training of counselors and other suitably qualified staff responsible for thevocational guidance and counseling of disabled persons.

Sec. 11. Implementing Rules and Regulations.The Department of Labor and

Employment shall in coordination with the Department of Social Welfare and

Development (DSWD) and National Council for the Welfare of the Disabled

Persons (NCWDP) shall promulgate the rules and regulations necessary to

implement the provisions under this Chapter.

CHAPTER II

EDUCATION

Sec. 12. Access to Quality Education.The State shall ensure that disabled

persons are provided with access to quality education and ample opportunities

to develop their skills. It shall take appropriate steps to make such education

accessible to all disabled persons. It shall be unlawful for any learning institution

to deny a disabled person admission to any course it offers by reason of

handicap or disability.

The State shall take into consideration the special requirements of disabled

persons in the formulation of educational policies and programs. It shall

encourage learning institutions to take into account the special needs of

disabled persons with respect to the use of school facilities, class schedules,

physical education requirements, and other pertinent consideration. virtual law

library

The State shall also promote the provision by learning institutions, especiallyhigher learning institutions of auxiliary services that will facilitate the learning

process for disabled persons.

Sec. 13. Assistance to Disabled Students.The State shall provide financial

assistance to economically marginalized but deserving disabled students

pursuing post secondary or tertiary education. Such assistance may be in the


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form of scholarship grants, student loan programs, subsidies, and other

incentives to qualified disabled students in both public and private schools. At

least five percent (5%) of the allocation for the Private Education Student

Financial Assistance Program created by virtue of R.A. 6725 shall be set aside for

disabled students pursuing vocational or technical and degree courses.

Sec. 14. Special Education.The State shall establish, maintain and support

complete, adequate and integrated system of special education for the visually

impaired, hearing impaired, mentally retarded persons and other types of

exceptional children in all regions of the country. Toward this end, the

Department of Education, Culture and Sports shall establish, special education

classes in public schools in cities, or municipalities. It shall also establish, where

viable, Braille and Record Libraries in provinces, cities or municipalities.

The National Government shall allocate funds necessary for the effectiveimplementation of the special education program nationwide. Local

government units may likewise appropriate counterpart funds to supplement

national funds.

Sec. 15. Vocational or Technical and Other Training Programs.The State shall

provide disabled persons with training in civics, vocational efficiency, sports and

physical fitness, and other skills. The Department of Education, Culture and

Sports shall establish in at least one government-owned vocational and

technical school in every province a special vocational and technical training

program for disabled persons. It shall develop and implement sports and

physical fitness programs specifically designed for disabled persons taking into

consideration the nature of their handicap.

Sec. 16. Non-Formal Education.The State shall develop non-formal

education programs intended for the total human development of disabled

persons. It shall provide adequate resources for non-formal education programs

and projects that cater to the special needs of disabled persons.

Sec. 17. State Universities and Colleges.If viable and needed, the State

University or State College in each region or province shall be responsible for (a)

the development of material appliances and technical aids for disabled

persons; (b) the development of training materials for vocational rehabilitation

and special education instructions; (c) the research on special problems,

particularly of the visually-impaired, hearing-impaired, speech-impaired, and

orthopedically-impaired students, mentally retarded, and multi-handicapped


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and others, and the elimination of social barriers and discrimination against

disabled persons; and (d) inclusion of the Special Education for Disabled (SPED)

course in the curriculum.

The National Government shall provide these state universities and colleges with

necessary special facilities for visually-impaired, hearing-impaired, speech-

impaired, and orthopedically-impaired students. It shall likewise allocate the

necessary funds in support of the above.

CHAPTER III

HEALTH

Sec. 18. National Health Program.The Department of Health in coordination

with the National Council for the Welfare of Disabled Persons, shall institute anational health program which shall aim to attain the following:

(a) prevention of disability, whether occurring prenatally or postnatally;

(b) recognition and early diagnosis of disability; and

(c) early rehabilitation of the disabled.

Sec. 19. Rehabilitation Centers.The Department of Health shall establish

medical rehabilitation centers in government provincial hospitals, and shall

include in its annual appropriation the necessary funds for the operation of such

centers.

The Department of Health shall formulate and implement a program to enablemarginalized disabled persons to avail of free rehabilitation services in

government hospitals.

Sec. 20. Health Services.The State shall protect and promote the right to

health of disabled persons and shall adopt an integrated and comprehensive


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approach to their health development which shall make essential health

services available to them at affordable cost.

The National Government shall provide an integrated health service for disabled

persons which shall include, but not limited to, the following:

(a) prevention of disability through immunization, nutrition, environmental

protection and preservation, and genetic counseling; and early detection of

disability and timely intervention to arrest disabling condition; and

(b) medical treatment and rehabilitation.

The Department of Health shall field medical personnel specializing in the

treatment and rehabilitation of disabled persons to provincial hospitals and,when viable, to municipal health centers. It shall also train its field health

personnel in the provision of medical attention to disabled persons. It shall

further ensure that its field health units have the necessary capabilities to fit

prosthetic and orthotic appliances on disabled persons. CHAPTER IV

AUXILIARY SOCIAL SERVICES

Sec. 21. Auxiliary Social Services.The State shall ensure that marginalized

persons are provided with the necessary auxiliary services that will restore theirsocial functioning and participation in community affairs. Towards this end, the

Department of Social Welfare and Development shall develop and implement

programs on auxiliary social services that respond to the needs of marginalized

disabled persons. The components of such a program shall be as follows:

(a) assistance in the acquisition of prosthetic devices and medical intervention

of specialty services;

chan robles virtual law library

(b) provision of specialized training activities designed to improve functional

limitations of disabled persons related to communication skills;


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(c) development among disabled persons of a positive self-image through the

provision of counseling, orientation and mobility and strengthening daily living

capability;

(d) provision of family care services geared towards developing the capability

of families to respond to the needs of the disabled members of the family;

(e) provision of substitute family care services and the facilities therefore for

abandoned, neglected, abused and unattached disabled persons who need

custodial care;

(f) provision of after care and follow-up services for the continued rehabilitation

in a community-based setting of disabled persons who were released from

residential care or rehabilitation centers; and

(g) provision of day care services for disabled children of pre-school age.

CHAPTER V

TELECOMMUNICATIONS

Sec. 22. Broadcast Media.Television stations shall be encouraged to provide

a signlanguage inset or subtitles in at least one (1) newscast program a day

and special programs covering events of national significance.

Sec. 23. Telephone Services.All telephone companies shall be encouraged

to install special telephone devices or units for the hearing-impaired and ensure

that they are commercially available to enable them to communicate through

the telephone system.

Sec. 24. Free Postal Charges for the Disabled.Postal charges shall be free on

the following:

(a) articles and literatures like books and periodicals, orthopedic and other

devices, and teaching aids for the use of the disabled sent by mail within the

Philippines and abroad; and

(b) aids and orthopedic devices for the disabled sent by abroad by mail for

repair:


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Provided, That the aforesaid items are for personal purposes only: Provided,

further, That the disabled person is a marginalized disabled as certified by the

Social Welfare and Development Office of the local government unit

concerned or the Department of Social Welfare and Development.

CHAPTER VI

ACCESSIBILITY

Sec. 25. Barrier-Free Environment.The State shall ensure the attainment of a

barrier-free environment that will enable disabled persons to have access in

public and private buildings and establishments and such other places

mentioned in Batas Pambansa Bilang 344, otherwise known as the "AccessibilityLaw".

The national and local governments shall allocate funds for the provision of

architectural facilities or structural features for disabled persons in government

buildings and facilities.

Sec. 26. Mobility.The State shall promote the mobility of disabled persons.

Disabled persons shall be allowed to drive motor vehicles, subject to the rules

and regulations issued by the Land Transportation Office pertinent to the nature

of their disability and the appropriate adaptations or modifications made on

such vehicles.

Sec. 27. Access to Public Transport Facilities.The Department of Social

Welfare and Development shall develop a program to assist marginalized

disabled persons gain access in the use of public transport facilities. Such

assistance may be in the form of subsidized transportation fare.

The said department shall also allocate such funds as may be necessary for the

effective implementation of the public transport program for the disabled

persons.

The "Accessibility Law", as amended, shall be made suppletory to this Act.

Sec. 28. Implementing Rules and Regulations.The Department of

Transportation and Communications shall formulate the rules and regulations

necessary to implement the provisions of this Chapter.


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CHAPTER VIIPOLITICAL AND CIVIL RIGHTS

Sec. 29. System of Voting.Disabled persons shall be allowed to be assisted by

a person of his choice in voting in the national or local elections. The person thus

chosen shall prepare the ballot for the disabled voter inside the voting booth.

The person assisting shall bind himself in a formal document under oath to fill out

the ballot strictly in accordance with the instructions of the voter and not to

reveal the contents of the ballot prepared by him. Violation of this provision shallconstitute an election offense.

Polling places should be made accessible to disabled persons during national or

local elections.

Sec. 30. Right to Assemble.Consistent with the provisions of the Constitution,

the State shall recognize the right of disabled persons to participate in

processions, rallies, parades, demonstrations, public meetings, and assemblagesor other forms of mass or concerned action held in public.

Sec. 31. Right to Organize.The State recognizes the right of disabled persons

to form organizations or associations that promote their welfare and advance or

safeguard their interests. The National Government, through its agencies,

instrumentalities and subdivisions, shall assist disabled persons in establishing self-

help organizations by providing them with necessary technical and financial

assistance.

Concerned government agencies and offices shall establish close linkages withorganizations of the disabled persons in order to respond expeditiously to the

needs of disabled persons. National line agencies and local government units

shall assist disabled persons in setting up specific projects that will be managed

like business propositions.


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To ensure the active participation of disabled persons in the social and

economic development of the country, their organizations shall be encouraged

to participate in the planning, organization and management of government

programs and projects for disabled persons.

Organizations of disabled persons shall participate in the identification and

preparation of programs that shall serve to develop employment opportunities

for the disabled persons

TITLE III

PROHIBITION ON DISCRIMINATION AGAINST DISABLED PERSONS

CHAPTER I

DISCRIMINATION ON EMPLOYMENT

Sec. 32. Discrimination on Employment.No entity, whether public or private,

shall discriminate against a qualified disabled person by reason of disability in

regard to job application procedures, the hiring, promotion, or discharge of

employees, employee compensation, job training, and other terms, conditions,

and privileges of employment. The following constitute acts of discrimination:

(a) Limiting, segregating or classifying a disabled job applicant in such a manner

that adversely affects his work opportunities;

(b) Using qualification standards, employment tests or other selection criteria

that screen out or tend to screen out a disabled person unless such standards,

tests or other selection criteria are shown to be job-related for the position in

question and are consistent with business necessity;

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

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

(2) perpetuate the discrimination of others who are subject to common

administrative control.

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

remuneration and fringe benefits, to a qualified disabled employee, by reason


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of his disability, than the amount to which a non-disabled person performing the

same work is entitled;

(e) Favoring a non-disabled employee over a qualified disabled employee with

respect to promotion, training opportunities, study and scholarship grants, solely

on account of the latter's disability;

(f) Re-assigning or transferring a disabled employee to a job or position he

cannot perform by reason of his disability;

(g) Dismissing or terminating the services of a disabled employee by reason of

his disability unless the employer can prove that he impairs the satisfactory

performance of the work involved to the prejudice of the business entity:

Provided, however, That the employer first sought to provide reasonable

accommodations for disabled persons;

(h) Failing to select or administer in the most effective manner employment tests

which accurately reflect the skills, aptitude or other factor of the disabled

applicant or employee that such tests purports to measure, rather than the

impaired sensory, manual or speaking skills of such applicant or employee, if

any; and

(i) Excluding disabled persons from membership in labor unions or similar

organizations.

Sec. 33. Employment Entrance Examination.Upon an offer of employment, a

disabled applicant may be subjected to medical examination, on the following

occasions:

(a) all entering employees are subjected to such an examination regardless of

disability;

(b) information obtained during the medical condition or history of the

applicant is collected and maintained on separate forms and in separate

medical files and is treated as a confidential medical record; Provided,

however, That:


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(1) supervisors and managers may be informed regarding necessary restrictions

on the work or duties of the employees and necessary accommodations;chan

robles virtual law library

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

disability may require emergency treatment;

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

relevant information on request; and

(4) the results of such examination are used only in accordance with this Act.

CHAPTER II

DISCRIMINATION ON TRANSPORTATION

Sec. 34. Public Transportation.It shall be considered discrimination for the

franchisees or operators and personnel of sea, land, and air transportation

facilities to charge higher fare or to refuse to convey a passenger, his

orthopedic devices, personal effects, and merchandise by reason of his

disability.

CHAPTER III

DISCRIMINATION ON THE USE OF PUBLIC ACCOMMODATIONS AND SERVICES

Sec. 35. Public Accommodations and Services.For purposes of this Chapter,

public accommodations and services shall include the following:

(a) an inn, hotel, motel, or other place of lodging, except for an establishment

located within a building that contains not more than five (5) rooms for rent or

hire and that is actually occupied by the proprietor of such establishment as the

residence of such proprietor;

(b) a restaurant, bar, or other establishment serving food or drink;

(c) a motion picture, theater, concert hall, stadium, or other place of exhibition

or entertainment;


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(d) an auditorium, convention center, lecture hall, or other place of public

gathering;

(e) a bakery, grocery store, hardware store, shopping center, or other sales or

rental establishment;

(f) a bank, barber shop, beauty shop, travel service, funeral parlor, gas station,

office of a lawyer, pharmacy, insurance office, professional office of a health

care provider, hospital or other service establishment;

(g) a terminal, depot, or other station used for specified public transportation;

(h) a museum, gallery, library or other place of public display or collection;

(i) a park, zoo, amusement park, or other place of recreation;

(j) a nursery, elementary, secondary, undergraduate, or post-graduate private

school, or other place of education;

(k) a gymnasium, health spa, bowling alley, golf course; or (l) other place of

exercise or recreation.

Sec. 36. Discrimination on the Use of Public Accommodations.(a) No

disabled person shall be discriminated on the basis of disability in the full and

equal enjoyment of the goods, services, facilities, privileges, advantages oraccommodations of any place of public accommodation by any person who

owns, leases, or operates a place of public accommodation. The following

constitute acts of discrimination:

(1) denying a disabled person, directly or through contractual, licensing, or other

arrangement, the opportunity to participate in or benefit from the goods,

services, facilities, privileges, advantages, or accommodations of an entity by

reason of his disability;

(2) affording a disabled person, on the basis of his disability, directly or through

contractual, licensing, or other arrangement, with the opportunity to participate

in or benefit from a good service, facility, privilege, advantage, or

accommodation that is not equal to that afforded to other able-bodied

persons; and


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(3) providing a disabled person, on the basis of his disability, directly or through

contractual, licensing, or other arrangement, with a good, service, facility,

advantage, privilege, or accommodation that is different or separate form that

provided to other able-bodied persons unless such action is necessary to

provide the disabled person with a good, service, facility, advantage, privilege,or accommodation, or other opportunity that is as effective as that provided to

others;

For purposes of this Section, the term "individuals or class of individuals" refers to

the clients or customers of the covered public accommodation that enters into

the contractual, licensing or other arrangement.

(b) Integrated SettingsGoods, services, facilities, privileges, advantages, and

accommodations shall be afforded to individual with a disability in the most

integrated setting appropriate to the needs of the individual.

(c) Opportunity to ParticipateNotwithstanding the existence of separate or

different programs or activities provided in accordance with this Section, an

individual with a disability shall not be denied the opportunity to participate in

such programs or activities that are not separate or different.

(d) AssociationIt shall be discriminatory to exclude or otherwise deny equal

goods, services, facilities, advantages, privileges, accommodations or other

opportunities to an individual or entity because of the known disability of an

individual with whom the individual or entity is known to have a relationship orassociation.

(e) ProhibitionsFor purposes of this Section, the following shall be considered

as discriminatory:

(1) the imposition or application of eligibility criteria that screen out or tend to

screen out an individual with a disability or any class or individuals with disabilities

from fully and equally enjoying any goods, services, facilities, privileges,

advantages, or accommodations, unless such criteria can be shown to be

necessary for the provision of the goods, services, facilities, privileges, or

accommodations being offered;

(2) a failure to make reasonable modifications in policies, practices, or

procedures, when such modifications are necessary to afford such goods,

services, facilities, privileges, advantages, or accommodations to individuals

with disabilities, unless the entity can demonstrate that making such


39/44

modifications would fundamentally alter the nature of the goods, facilities,

services, privileges, advantages, or accommodations;

(3) failure to take such steps as may be necessary to ensure that no individual

with a disability is excluded, denied services, segregated or otherwise treated

differently than other individuals because of the absence of auxiliary aids and

services, unless the entity can demonstrate that taking such steps would

fundamentally alter the nature of the good, service, facility, privilege,

advantage or accommodation being offered or would result in undue burden;

(4) a failure to remove architectural barriers, and communication barriers that

are structural in nature, in existing facilities, where such removal is readily

achievable; and

(5) where an entity can demonstrate that the removal of a barrier under clause

(4) is not readily achievable, a failure to make such goods, services, facilities,

privileges, advantages, or accommodations available through alternative

methods if such methods are readily achievable.

Sec. 37. Use of Government Recreational or Sports Centers Free of Charge.

Recreational or sports centers owned or operated by the Government shall be

used, free of charge, by marginalized disabled persons during their social, sports

or recreational activities.

Sec. 38. Implementing Rules and Regulations.The Department of Public

Works and Highways shall formulate the rules and regulations necessary to

implement the provisions of this Chapter.

TITLE IV

FINAL PROVISIONS


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Sec. 39. Housing Program.The National Government shall take into

consideration in its national shelter program the special housing requirements of

disabled persons.

Sec. 40. Role of National Agencies and Local Government Units.Local

government units shall promote the establishment of organizations of disabled

persons in their respective territorial jurisdictions. National agencies and local

government units may enter into joint ventures with organizations or associations

of disabled persons to explore livelihood opportunities and other undertakings

that shall enhance the health, physical fitness and the economic and social

well-being of disabled persons.

Sec. 41. Support From Nongovernment Organizations.Nongovernment

organizations or private volunteer organizations dedicated to the purpose of

promoting and enhancing the welfare of disabled persons shall, as they, are

hereby encouraged, become partners of the Government in the

implementation of vocational rehabilitation measures and other related

programs and projects. Accordingly, their participation in the implementation of

said measures, programs and projects is to be extended all possible support by

the Government.

The Government shall sponsor a volunteer service program which shall harness

the involvement of private individuals in the provision of assistance to disabledpersons.

Sec. 42. Tax Incentives.(a) Any donation, bequest, subsidy or financial aid

which may be made to government agencies engaged in the rehabilitation of

disabled persons and organizations of disabled persons shall be exempt from

the donor's tax subject to the provisions of Section 94 of the National Internal

Revenue Code (NIRC), as amended and shall be allowed as deductions from

the donor's gross income for purposes of computing the taxable income subject

to the provisions of Section 29 (h) of the Code.

(b) Donations from foreign countries shall be exempt from taxes and duties on

importation subject to the provisions of Section 105 of the Tariff and Customs

Code of the Philippines, as amended, Section 103 of the NIRC, as amended and

other relevant laws and international agreements.


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(c) Local manufacturing or technical aids and appliances used by disabled

persons shall be considered as a preferred area of investment subject to the

provisions of Executive Order No. 226 otherwise known as the "Omnibus

Investments Code of 1987" and, as such, shall enjoy the rights, privileges and

incentives as provided in said Code such as, but not limited, to the following:

(1) repatriation of investments;

(2) remittance of earnings;

(3) remittance of payments on foreign contracts;

(4) freedom from expropriations;

(5) freedom from requisition of investment;

(7) additional deduction for labor expense;

(8) tax and duty exemption on imported capital equipment;

(9) tax credit on domestic capital equipment;

(10) exemption from contractor's tax;

(11) simplification of customs procedures;

(12) unrestricted use of consigned equipment;

(13) employment of foreign nationals;

(14) tax credit for taxes and duties on raw materials;

(15) access to bonded manufacturing/traded warehouse system;

(16) exemption from taxes and duties on imported spare parts; and

(17) exemption from wharf age dues and any export tax, duty, impost and fee.

Sec. 43. Continuity Clause.Should any department or agency tasked with

the enforcement or formulation of rules and regulations and guidelines for

implementation of any provision of this Act is abolished, merged with another

department or agency or modified, such shall not affect the enforcement or


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formulation of rules, regulations and guidelines for implementation of this Act to

the effect that

(a) In case of abolition, the department or agency established to replace theabolished department or agency shall take-over the functions under this Act of

the abolished department or agency.

(b) In case the department or agency tasked with the enforcement or

formulation of rules, regulations and guidelines for implementation of this Act is

merged with another department or agency, the former shall continue the

functions under this Act of the merged department or agency. (c) In case of

modification, the department or agency modified shall continue the functions

under this Act of the department or agency that has undergone the

modification.

Sec. 44. Enforcement by the Secretary of Justice.

(a) Denial of Right

(1) Duty to Investigatethe Secretary of Justice shall investigate alleged

violations of this Act, and shall undertake periodic reviews of compliance of

covered entities under this Act.

(b) Potential ViolationsIf the Secretary of Justice has reasonable cause to

believe that

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

discrimination under this Act; or

(2) any person or group or persons has been discriminated against under this

Act and such discrimination raises an issue of general public importance, theSecretary of Justice may commence a legal action in any appropriate court.

Sec. 45. Authority of Court.The court may grant any equitable relief that such

court considers to be appropriate, including, to the extent required by this Act:

(a) granting temporary, preliminary or permanent relief;


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(b) providing an auxiliary aid or service, modification of policy, practice or

procedure, or alternative method; and

(c) making facilities readily accessible to and usable by individuals with

disabilities.

Sec. 46. Penal Clause.(a) Any person who violates any provision of this Act

shall suffer the following penalties:

(1) for the first violation, a fine of not less than Fifty thousand pesos (P50,000.00)

but not exceeding One hundred thousand pesos (P100,000.00) or imprisonment

of not less than six (6) months but not more than two (2) years, or both at the

discretion of the court; and

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

pesos (P100,000.00) but not exceeding Two hundred thousand pesos(P200,000.00) or imprisonment for not less than two (2) years but not more than

six (6) years, or both at the discretion of the court.

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

imprisonment of not less than six (6) months or a fine of not less than Five

thousand pesos (P5,000.00), but not more than Fifty thousand pesos (P50,000.00),

or both, at the discretion of the court.

(c) If the violator is a corporation, organization or any similar entity, the officials

thereof directly involved shall be liable therefore.

(d) If the violator is an alien or a foreigner, he shall be deported immediately

after service of sentence without further deportation proceedings.

Sec. 47. Appropriations.The amount necessary to carry out the provisions of

this Act shall be included in the General Appropriations Act of the year following

its enactment into law and thereafter.

Sec. 48. Separability Clause.Should any provisions of this Act be found

unconstitutional by a court of law, such provisions shall be severed from theremainder of the Act, and such action shall not affect the enforceability of the

remaining provisions of this Act.

Sec. 49. Repealing Clause.All laws, presidential decrees, executive orders

and rules and regulations inconsistent with the provisions of this Act are hereby

repealed or modified accordingly.


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Sec. 50. Effectivity.This Act shall take effect fifteen (15) days after its

publication in any two (2) newspapers of general circulation.

Documents

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