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SANGGUNIANG PANLUNGSOD NG MARIKINA
HON. JOSE FABIAN I. CADIZ, M,D. City Vice Mayor
Presiding Offlcer
I,l DISTRICT
HON. RONNIE S. ACLTNA City Councilor
HON. FRANKIE C. AYUSON City Councilor
HON. JOSEPH B. BANZON City Councilor
HON. WILLIE N. CHAVEZ City Councilor
HON. MARIO M. DE LEON City Councilor
HON- SAMI IEI, S- FERRIOL City Councilor
HON. EVA AGUIRRE-PAZ City Councilor
HON. THADDEUS ANTONIO M. SANTOS. JR. City Councilor
2"d DISTRICT
HON. ARIEL V. CUARESMA City Councilor
HON. PAUL B. DAYAO City Councilor
HON. MARK ALBERT J. DEL ROSARIO City Councilor
HON. XY-ZA R. DIAZEN City Councilor
HON. ERNESTO M, FLORES City Councilor
HON. SUSANA P. MAGTUBO City Councilor
HON. ROMMEL F. ORTIZ City Councilor
HON. RUBEN R. RTYES City Councilor
SECTORAL REPRESENTATIVE
HON. LEVY DL. DE GUZMAN Liga President
ORDINANCE NO. 015
Series of2014
ORDINANCE APPRO\'ING THE PERSONS WITH DISABILITIES CODE
OF'MARIKINA CITY
Introduced by:
Councilor RONNIE S. ACUiIA
Co-sponsored by:
Councilor THADDEUS ANTONIO M, SANTOS, JR.
Councilor FRANKIE C. AYUSON
Councilor JOSEPH B. BANZON
Councilor ARIEL V. CUARESMA
Councilor WILLIE N. CHAVEZ
Councilor PAUL B. DAYAO
Councilor MARIO M. DE LEON
Cotmcilor MARK ALBERT J. DEL ROSARIO
Councilor XYZA R. DIAZEN
Cotmcilor SAMUEL S. FERRIOL
Councilor ERNESTO M, FLORES
Councilor SUSANA P. MAGTUBO .
OrdinanceNo.0l5
Series of
2014
Page 2 of
Councilor EVA AGUIRRE-PAZ
Councilor ROMMEL F. ORTIZ
Councilor RUBEN R. REYES
Councilor LEVY D.L. DE GUZMAN
and Vice Mayor JOSE FABIAN l. CADIZ, M.D.
WHEREAS, on October 2, 2013, the Sangguniang Panlungsod of Marikina enacted
Ordinance No. 16, Series of 2013, entitled "Ordinarce Mandating and Establishing the
Codification of General Ordinances of Madkina City, Publication and Monitoring of
Compliance therewith and Providing for the Mechanics and Funds for the
Implementation of the Same";
WHEREAS, pulsuant to the said mandate, all local legislations and pertinent provisions
of national laws pertaining to Persons with Disability Affairs has been collated into this
Code for easy reference;
NOW THEREFORE, BE IT ORDAINED, AS IT IS HEREBY ORDAINED, by rhe
SANGGUNIANG PANLUNGSOD of MARIKINA, in session duly assembled, that:
CHAPTER I
GENERAL PROVISIONS
l.
SECTION Title. Tlns Ordinance shall be known as the 2013 PERSONS WITH
DISABILITIES CODE OF MA RJKINA CITY or PwD CODI
SECTION 2. Declarution of P nciples. Pwsuart to Article XIII, Section 13 of the
Constitution of the Philippines, the State shall establish a special agency for disabled
person fol theb rchabilitation, self-dewloptuent, and self-reliance, and their i tegtation
ihto the main strcam of,rocie{y. Further, Article XIV, Section I (5) Profide adult citizens,
lhe disabled, and out-of-school youth with trafuing in ci\tics, vocational ejfciency, and
other shills. In addition, Section 458 (a), sub-paxagraph (5) mandates the local
sanggunian to approve ordinance which shall ensure the efficient and effective delivery
of basic services and facilities and shall, " (xit') Provide.for the care o1ldisable.l persons,
paupers, the aged, the sick, persons with unsoukd mind, abandoned hinors, juvenile
delihquehts, drag depende ts, abused children and other needy and disadvantaged
pefsolts, pafticularly children and youth below eighteen (18) years of age; a d subject to
availability offukd\ establish and ptot'ide fot the operation of centers andfacilities for
said needy and disadvantaged persons."
SECTION 3. Pollcies. ln consonance with the above Declaration of Principles, the
following are the declared policies ofthis Code:
(a) To give fulI suppofi to the imprcvement of the total well-being of persons with
disability and to facilitate thefu integration into the mainstrearn of society;
(b) To ensure the rehabilitation, self-development and self-reliance of persons with
disability and to develop their skills and potentials to enable rhem to compete
favorably for available opponunities:
(c) To encourage the family, community and all govertunent and non-govemment
organizations to enable the persons with disabilities the live fteely and as
independentlv as 'D ossible: and -
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(d) To seek the participation ofthe private sector in promoting the welfare ofpersons
with disabilities and to encoumge partnership in programs that address their needs
and concelns.
SECTION 4. Purpose of this Code. Within Madkina City, this Code shall cover and
govem the implementation of Republic ActNo.'1277, otherwise known as the "Magna
Carta for Disabled Persons", as amended by Republic Act No. 9442 and Republic Act
No. 10070, as well as the Implementing Rules and Regulations covering the said Acts
and existing local legislations. Provisions ofthe Magna Carta for Persons with Disability,
which are concems of the of the national government, are incolporated in this Code for
the knowledge of concerned persons with disabilities (PWDS) of Marikin4 as well as for
the information of establishments and organizations that grant benefits, privileges and
assistarce to PWDs. All other provisions thereof for as long as they are applicable for
implem€ntation in Marikina City shall be enforced by this Code.
SECTION 5. Defi.nition of Terr\s. Fot purposes of t}is Code, and as defined under
Republic Act 7277, these tems are defined as follows:
(a) Persons with disability are those suffering from restriction of different abilities, as
a result of a mental, physical or sensory impairment, to pedorm a-n activity in the
manner or within the range considered normal for a human being;
(b) Impairment is any loss, diminution or abenation 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 impaiment; or 3) being
regarded as having such an impaiment;
(d) Handicap refers to a disadvantage for a given individual, resulting ftom an
impairment or a disability, that limits or prevents the function or activity, that is
considered normal given the age and sex ofthe individual;
(e) Rehabilitation is an integrated approach to physical, social, cultwal, spi tual,
educational and vocational measures dtat create conditions for the individual to
attain the highest possible level offunctional ability;
(fl
Social Baniers refer ro the characrerisrics oIinslilutions. whether Iegal. economic.
cultwal, recreational or other, any human group, community, or society which
limit the fullest possible participation of persons with disability in the life of the
group. Social balaiers include negative attitudes which tend to single out and
exclude pe$ons with disability and which distofi roles and inter-personal
relationships:
(g) Auriliary Aids and Services include:
qualified interpreters or other effective methods of delivering materials to
individuals with hearing impairments;
(2) qualified rcaders, taped tests, or other effective methods of delivering
matedals to individuals with visual impairments;
an!;
{.1} acquisition or modification of equipmem or devices:
Ordinance No. 015
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facilitate the leaming process of people with mental disability.
1h) Reasonable Accommodation include 1) improvement ofexisting facilities used by
employees in order to render these readily accessible to and usable by persons
with disability; a.nd 2) modification of work schedules, reassignment to a vacant
position, acquisition or modificatior of equipment or devices, appropdate
adjustments or modifications of examinations, training matedals or company
policies, rules and regulations, the provision of auxiliary aids and seryices, and
other similar accomrnodations for persons with disability;
Sheltered Employment refers to the provision ofproductive work for persons with
disability though workshop providing special facilities, income-producing
prcjects or homework schemes with a view to giving them the opportunity to eam
a living thus enabling them to acquire a working capacity required in open
industry;
(j) Auxiliary Social Services are the suppodve activities in the delivery of social
servicas to the marginalized sectors ofsociety;
(k) Marginalized Persons with Disability refer to persons with disability who lack
access to rehabilitative services and opportunities to be able to pafiicipate fully in
socioeconomic activities and who have no means of livelihood or whose incomes
fall below 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 ernployer has prepared a w tten
description before advertising or interviewing applicdnts for the job, this
description shall be considered evidence ofthe essential functions ofthejob;
(m)Readily Achievable means a goal can be easily attained and canied out without
much diffrculty or expense. In detemining whether an action is readily
achievable, facton to be considered include -
(l) the nature and cosl oflhe aclion:
(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 ofthe covered entity with respect to the number
ofits employees; the number, type and location ofits facilities; and
(4) the tlpe of operation or operations of the covered entity, including the
composition, structure and functions of the work force of such entity: the
geographic sepamteRess, administative or fiscal relationship of the facility or
facilities in question to the covergd entity.
(n) Public Transportation means transpofiation by air, land and sea that provides the
public with general or special seruice on a regular and continuing basii'{
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(o) Covered Entity means an employer, employment agency, labor organization or
jointlaboi
management committee; and
(p) Commerce shall be taken to mean as travel, trade, traffic, commerce,
transportation, or commuirication among the provinces or between any foreign
counhy or any.territory or possession and any province.
II
CHAPTER
RIGHTS AND PRIVILEGES OF PERSONS WITH DISABILITY
EMPLOYMENT
SECTION 6. E4aal Oppo unity fot Employment. No perconwith disability shall be
denied access to opportudties for suitable employment. A qualified employee with
disability shall be subject to the same terms and conditions of employment and the same
compensation, pdvileges, benefits, fiinge benefits, incentives or allowances as a qualified
able bodied person.
Five percent (5olo) of all casual emergency and contactual positions in the Depaxtments
of Social Welfare and Development; Health; Education, Culture and Sporls; and other
goverfi[ent agencies, offices or corporations engaged in social development shall be
reserved for persons r,r ith disabilily.
SECTION 7. Sheltercd Employment - If suitable employment for persons with
disability cannot be found through open employnent as provided in the immediately
preceding Section, the State shall endeavor to provide it by means of sheltered
employment. In the placement ofpersorls with disability 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.
SECTION 8. ,4pprezlicasrrb. - Subject to the provision ofthe Labor Code as amended,
persons with disability shall be eligible as apprentices or learners: Provided, That their
handicap is not much as to effectively impede the performance ofjob 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 emplol.rnent.
SECTION 9.lzcenriyesfot Etttployet. - (a) To ercourage the active participation ofthe
pdvate sector in promoting the welfare of persons with disability and to ensure gainful
employment for qualified persons with disability, adequate incentives shall be provided
to private entities which employ persons with disability. (b) Private entities that employ
persons with disability 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%) ofthe total amount paid as salaries
and wages to persons with disability: Provided, however, That such entities present proof
as certified by the Department ofLabor a.nd Employment that persons with disability are
urder their employ: Provided, further, That, the person with disability employee is
accredited with the Department ofLabor and Employment and the Depaxtment ofHealth
as to his disability, skills and qualifications. (c) P vate entities that improve or modify
their physical facilities in order to provide reasonable accommodation for persons with
disability shall also be entitled to an additional deduction ftom their net tarable income,
equivalent to fifty percent (50%) of the direct costs of the improvements or_
'fft'
Ordinance No.0l5
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modifications. This Section, however, does not apply to improvements or modilications
offacilities required under Batas pambansa Bilang 3i4.
SECTION 10. Vocational Rehabititdtion, _ Consistenr with rhe principle of
equal
opportunity for persons with disab ity workers and woik€rs in general, trie state shall
take appropriate vocational rehabilitation measures that shat servl to Jiuetip ttr" ,t itt.
and potentials of persons with disability_ and enable them to compete favorably for
available productive and remunerative employment opportunities in thJ iuio. _arta.
The State shall also take measues to ensure the provision of vocational rehabilitation ard
livelihood services for persons with disability in the rtual areas. in ujJition. ir.f,uff
promote cooperation and coordination between the govemment *a noo_gou"-*.niJ
organizations and other private eltities engaged in vocationar rehatrititaton i*ivities.
The Deparftnent of Social Welfare and D.evelopment.shall design and implement tmining
programs that will provide persons with disability wiih vocation'al sk ls to enable them to
engage in livelihood activities or obtain gainful employment. The Depa*rae++ oflabor
and EmploFnent shall likewise design and conduct tiaining p.oer#. e;*"a to*u.d.
pror iding persons wirh disabili(y wilh skills for livelihood.
SECTION 11. Vocational Guidance ond Counseling. The Depa*meat- of Social
Welfare and Development, shall implement measi.es providin'g anJ
evatuating
vopational guidance and counseli[g to enable persons with disability to"secure. retain and
advance in employment. It shall ensue the availability and t uinirrj uoa otll".
suitability. qualified staff responsible for the vocational guidanie" o au nn Jr. t co orc u rseling of
persons with disability.
EDUCATION
qP9TION 12. Access to euali4t Ettucatio,n.- The Stare shall ensure thar persons with
disability are prcvided with adequate access to quality education and ample ;ppofiunities
to.develop their skills. It shall take appropriate sieps to make suctr eOucatiion aicessiUte to
all persons_ with disability. It shall be unlardrl for any learning institution to deny a
person with disability admission to any course it oifers by r-eason of handicap or
disability.
The State shall take into consideration the special requirements ofpersons with disability
in the.formulation of educational policiei and programs. lt ,trutt t"*niog
insritu(ions ro take.into.account rhe special needs off,ersons wilh a;." un Uc io ti* fu rgi"i* ,".pe"t
to the use ofschool facilities, class schedules, physical education requircm;nts, and other
pertinenl consideraLion.
The State shall also promote the provision by leaming institutions, especially higher
leaming institutions of auxiliary services that will facilitate the leaming process for
persons with disability.
SECTION 13. ,4ssirtaz ce to Students with D.larli_):. The Stare shall provide linancial
assistance lo economicalll marginalized but deserving srudenls wilh ai!utitiiy p*ru,ng
post secondary or tertiary education. Such assistarce may be in the form of scholarshii
gants, student loan programs, subsidies, and other incentives to qualified students with
disabitty.in both public and private schools. At least five percent t5%) of the attocation
for the Private Education Student Financial Assistance program c."ut"jUv uirtu" of n.a.
6725 shall be set aside for students with disability pursuin'g rocational Jr technical and
de'g ree courses- -
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SECTION 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 ofthe county. Towaxd this end, the Department ofEducation, eultwe and Spofis
shall establish, sp€cial education classes in public schools.in cities, or rnunicipalities. It
shall also establish, where viable, Braille and Record Libraries in provinces, cities or
rnmicipalities.
The Naiioral Govemment shall allocate funds necessary for the effective implementation
of the special education program nationwide. Local govemment units may likewise
approp ate counterpart funds to supplement nalional funds.
SECTION 15. Vocational or Technical and Olhet TMining Prcgrums. The State
shall provide persons with disability with training in civics, vocational efflciency, sports
and physical fltness, and other skills. The Departrnent of Education,{ulture and Sports
shall establish in at least one govemment-owned vocational ard technical school in every
province a special vocational and technical tmining program for persons with disability.
It shall develop and implement sports and physical fitness programs specifically designed
for percons with disability taking into consideration the nature oftheir handicap.
SECTION 16, Non-)trmal Education. - The State shall develop non-formal education
progmms intended for the total human development of persons with disability. It shall
provide adequate resowces for non-folmal education progams and projects that cater to
the special needs ofpersons with disability.
SECTION !7. Slate Universities and Colleges. - If viable and needed, tls"State
University or State College in each region{r province shall be rcsponsible for (a) the
development ofmaterial appliances and technical aids for persons \tith disability; (b) the
development of training materials for vocational rehabilitation and special education
instructions; and (c) the research on' special problems, particulaily of the visually-
impaired, hearing-impaired, speech-impaired, and orthopedically-impaired students,
mentally retaxded, and multi-handicapped and others, and the elimination of social
barriers and discrimination against pe$ons with disability; and (d) inclusion of the
Special Education for Disabled (SPED) course in the curiculum.
The National Govemment 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 filnds in support
of the above.
IIEALTH
SECTION 18. l.Vational Hedlth PrograrrL - The .Department of Health in coordination
with National Council for the Welfare of Disabled Persons, shall institute a national
health program which shall aim to attain the following:
(a) prevention of disability, whether occuning prenatally or postnatally;
(b) recognition and early diagnosis ofdisability; and
(c) early rehabilitation ofthe persons with disability.
SECTION 19. Rehabilitalion Centers. The Depdtment of Health shall establish
medical rehabilitation centers in govemment provincial hospitals, and shall include in its
amual appropriarion the necessary funds lor lhe operation oI such centersiiJ,
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Series 2014
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The Deparhnent of Health shall fomulate and implement a progmm to enable
marginalized persons with disability to avail of free rehabilitation seruices in govemment
hospitals.
SECTION 20, Health Serrices. The State shall protect and promote the dght to health
of persons with disability and shall adopt an integrated and comprehensive approach to
thek health development which shall make essential health services available to them at
affordable cost.
The National Govemment shall provide an integated health service for persons with
disability which shall include, but not limited to, the following:
(a) prevention of disability thrcugh immunization, nutrition, environmental protection
and preservation, and genetic counseling: and eaxly detection of disability and timely
intervention to arrest disabling condition; and
(b) medical teatment and rehabilitation.
The Department ofHealt[shall field medical personnel specializing in the teatment and
rehabilitation of persons with disability 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 persons with disability. It shall further ensue that its field health
units have the necessaxy capabilities to fit prosthetic and orthotic appliances on persons
with disability.
AUXILIARY SOCIAL SERVICES
SECTION 21. Auxiliary Social Semices, The State shall ensure that marginalized
persons are provided with the necessary auxiliaxy services that will rcstorc their social
functioning ard participation in community affairs. Toward this end, the Department of
Social Welfare and Development shall develop and implemenl programs on auxiliary
social services that rcspond to the needs of marginalized persons with disability. The
components of such a program shall be as follows:
(a) assistance in the acquisition of prosthetic devices and medical intervention of
specialty services;
(b) provision ofspecialized taining activities designed to improved functional limitations
ofpersons with disability related to communications skills;
(c) development among persons with disability of a positive self-image through the
provision of counseling, o entation 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 ofthe members ofthe family with disability;
(e) Fovision of substitute family care seNices and the facilities therefor for abandoned,
neglected, abused and unattached persons with disability who need custodial care;
(f) provision of after care and follow-up services for the continued rehabilitation ma
community-based setting of persons with disability who were rcleased from the
residential care or rehabilitation centers; and
(g) provision ofday care services for children with disability ofpre-school age.
TELECOMMUNICATIONS
SF,CTION 22. Broadcast Mediq- Television stations shall be encouraged to provide a
sign language inset or subtitles in at least one (l) newscast program a day and special
progftlms covering events of national significance-
Ordinance No. 015
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SECTION 23, Telephone Semices. All telephone compaaies shall be encouraged to
install special telephone devices or units for the hearing-impaired and ensue that they are
commercially available to enable them to communicate through the telephone system
SECTION 24. Frce Post.tl Charges fot the Penons with Dis.tbility' 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 ofthe persons with disability sent by mail within the Philippines
and abroad; and
O) aids and orthopedic devices for the persons with disability sent abroad by mail for
repair: Provided, That the aforcsaid items are for personal purposes only: Provided
further, That the person with disability is considered marginalized as certified by the
Social Welfare and Dev€lopment Office of the local govemment urdlconcerned or the
Deparhnent of Social Welfare and Development.
ACCESSIBILITY
SECTION 25, BdrrietFrce Environmeftl. - The State shall ensure the attainrnent of a
banier-free environment that will enable persons with disability to have access in public
and pdvate buildings and establishments and such other places mentioned in Batas
Pambansa Bilang 344, otherwise known as the "Accessibility Law".
The national and local govemment/shall allocate funds for the provision of architectural
facilities or stuctual features for persons with disability in govemment buildings and
facilities.
SECTION 26. Mobilily, - The State shall promote the mobility of persons with
disability. Persons with disability shall be allowed to drive motor vehicles, subject to the
rules and regulations issued by the Land Transportation Office pertinent to the natwe of
their disability and the apFopriate adaptations or modifications made on such vehicles.
SECTION 27. Access to P blic Trunspotl Facilities. - The Department of Social
Welfare and Development shall develop a program to assist marginalized persons with
disability gain access in the use of public transpofi facilities. Such assistance may be in
the form of subsidized hanspofiation fare. The said departnent shall also allocate such
funds as may be necessary for the effective implementation of the public transport
program for the persons with disability. The "Accessibility Law", as amended, shall be
made suppletory lo this Ac1.
POLITICAL AND CIVIL RIGHTS
SECTION 28, SJr,trent of Voting, - Persons with disability 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 voter with disability inside the voting booth. The
person assisting shall bind himself in a formal document under oath to fill out the ballot
itrictly in accordance with the instructions ofthe voter and not to reveal the contents of
the ballot prepared by him. Violation ofthis provision shall constitute an election offense
Polling places should be made accessible to persons with disability du ng the national or
local elections.
Ordinance No. 015
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SECTION 29. Rigtt to Assemble. - Consistent with the provisions of the Constitution,
the Stale shall recognize the right ofpersons with disability to participale in processions,
rallies, parades, demonstrations, public meetings, and assemblages or other forms ofmass
or concemed action held in public.
SECTION 30. Right to Oryahize. - The State recognizes the right of persons with
disability to form organizations or associations that promote their welfare and advance or
safeguard their interests. The National Government, through its agencies,
itrstuxneotali+its-and'subdivisions, shall assist persons with disability in establishing self-
help organizations by providing them with necessary technical and financial assistance.
Concemed govemment agencies and offices shall establish close linl<ages with
organizations of persons with disability in order to respond expeditiously to the needs of
persons with disability. National line agencies and local government units shall assist
disabled pemons in setting up specific proiects that will be managed like business
To ensure the active participation of persons with disability in the social economic
development of the country, their organizations shall be encouraged to participate in the
planning, organization and management of government proglams ard projects for
persons with disability.
Organizations of persons with disability shall participate in the identification and
preparation of programs that shall serve to develop employment opportudties for the
persons with disability.
OTHER PRIVILEGES AND INCENTIVES
SECTION 31, Persons with disability shall be entitled to the following:
(a) At Ieast twenty percent (20%) discount from all establishments relative to the
utilization of all services in hotels and similar lodging establishments, restauants
and recreation centers for the exclusive use or enjoyment of persons with
(b) A minimum of twenty percent (20%) discount on admission fees charged by the
theaters, cinema houses, concert halls, circuses, camivals and other similar places
of culhrre, leisure and amusement for the exclusive use or enjoyment of peNons
with disability;
(c) At least twenty percent (20%) discount for the purchase of medicines in all
drugstores for the exclusive use or enjoyment ofpersons with disability;
(d) At least twenty percent (20%) discount on medical and dental services including
diagnostic and laboratory fees such as, but not limited to x-rays, computerized
tomography scans and blood tests, in all government facilities, subject to
guidelines to be issued by the Department of Health (DOH), in coordination with
. the Philippine Health Inswance Corporatior (PHILHEALTH);
(e) At least twenty percent (200lo) discount on medical and dental services including
diagnostic and laboratory fees, and professional fees of attending doctors in all
private hospitals and medical facilities, in accordance with the rules and
regulations to be issued by the DOH, in coordination with the PHILHEALTH,/'I.-
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(0 At least twenty percent (20olo) discorml on faxe for domestic air and sea travel for
the exclusive use or enjoyment ofpersons with disability;
(g) At least twenty percent (20%) discount in public railways, skyways and bus fare
for the exclusive use and enjoymgnt ofpersons with disability;
(h) Educational assistance to percons with disability, for them to pursue primary,
secondary, tertiary, post tertiary, as well as vocational or tecbnical education, in
both public and pdvate schools, through the provision of scholarships, grants,
financial aids, subsidies and other incentives to qualified persons with disability,
including support for books, leaming materials, and uniform allowance to the
extent feasible: provided, that persons with disability shall meet minimum
admission requirements;
(i) To the extent practicable and feasible, th€ continuance of the same benefits and
privileges given by the Govemment Service Insurance System (GSIS), Social
Secuity System (SSS), and PAG-IBIG, as the case may be, as are enjoyed by
those in actual service;
0) To the extent possible, the govemment may gmnt special discounts in special
programs for persons with disability on puchase ofbasic commodities, subject to
guidelines to be issued for the purpose by the Department of Trade and Indusby
(DTI) and the Department ofAgriculture (DA); and
(k) Provision of express lanes for persons with disability in all commercial and
govemment establishments; in the absence thereof, priority shall be given to
them.
The abovementioned privileges are available only to persons with disability who are
Filipino citizens upon submission of any of the following as proof of his,4rer
entitlement thercto:
0) An identification card issued by the city or municipal mayor or the barangay
captain ofthe place where the person with disability resides;
(ID The passport ofthe persons with disability concemed; or
OII) Transportation discount faxe Identificatior Card (ID) issued by the National
Cormcil for the Welfare of Disabled Persons (NCWDP).
The privileges may not be claimed if the persons with disability claims a higher
discount as may be granted by the commercial establishment and/or under other
existing laws or in combination with other discotmt prograrr/s.
The establishments may claim the discounts granted in sub-sections (a), (b), (c), (e),
(0 and (g) as tax deductions based on the net cost of the goods sold or services
rendered; provided, however, that the cost of the discount shall be allowed as
deduction from gross income for the same taxable year that the discount is guntedl
provided further, that th€ total amount of the claimed tax deduction net of value-
added tax if applicable, shall be included in their gross sales for tax purposes and
shall be subject to proper docw[entation and to the provisions ofthe National Intemal
Revenue Code rNIRCt. as amended." r
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SECTION 32. ftcettrirar. - Those caring for and living with a person with disability
shall be granted the following incenrives:
(a) Persons with disability shall be treated as dependents under Section 35(A) of the
National Intemal Revenue Code, as amended and as such, individual ta,\payers
caxing for them shall be accorded the pdvileges granted by the code insofar as
having dependents under the same section axe concemed: and
(b) Individuals or nongovemmental institutions establishing homes, residential
communities or retirement villages solely to suit the needs ard requircments of
persons with disability shall be accorded the following:
Realty tax holiday for the first five years of operation; and
(ii) P ority in the building and/or maintenance of provincial or municipal roads
leading to the aforesaid home residential community or retirement village."
III
CHAPTER
PROIIIBITION ON DISCRIMINATION AGAINST PERSONS
WITH DISABII,ITY
Discrimination on Employment
SECTION 33. Drscfitttinalion on Employmenl, No entity, whether public or private,
shall discriminate against a qualified person with disability 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
emplcilnent. The following constitute acts of discrimination:
(a) Limiting, segregating or classifying a job applicant with disability in such a manner
that adversely affects his work oppo(unities;
(b) Using qualification standards, employment tests or other selection criteria that screen
out or tend to screen out a person with disability unless such standards, tests or other
selection criteria axe shown to be job-related for the position in question and are
consistent with business necessity;
(c) Utilizing standards, criteria, or methods ofadministation that:
(1) have the effect of discdmination on the basis ofdisability; or
(2) peryetuate the discrimination of otherc who arc subject to co1nmon
administrative control;
(d) Providing less compensation, such as salaxy, wage or other foms of remuneration and
fringe benehts, to a qualified employee with disability, by reason of his disability, than
the amount to which a person with no disability performing the same work is entitled;
(e) Favoring an employee with no disability over a qualified employee with disability
with respect to promotion, txaining opportunities, study ard scholarship grants, solely on
account of the latter's disability;
(f) Re-assigning or transferring an employee with disability to ajob or position he cannot
perfom by reason ofhis disability;
(g) Dismissing or terminating the services ofan employee with disability by reason ofhis
disability unless the employer call 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 provide reasonable accommodations for persons with disability;
Ordinance No. 015
of
Series 2014
age 13 of 24
(h) Failing to select or administer in the most effective mamer employment tests which
accurately reflect the skills, aptitude or other factor of the applicant or employee with
disability that such test purpofis to measwe, rather than the impaired sensory, manual or
speaking skills of such applicant or employee, ifany; and
(i) Excluding persons with disability from membership in labor unions or similar
organizations.
SEC"IION 34. Euployment Etubdnce Examindriot . - Upon an offer of emplo)'ment, an
applicant with disability may be subjected to medical examination, on the following
occasions:
(a) all entering employees are subjected to such an examination regardless of disability;
ib) 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 ffeated as
a confidential medical record; Provided, however, That:
(1) supervisors and managers may be informed regarding necessary resttictions on
the work or duties ofthe employees and necessary accommodations;
if
(2) first aid and safety personnel may be informed, when appropriate, the
disability may require emergency heatment;
(3) government officials investigating compliance with this Act shall be provided
relevant infomation on request; and
(4) the results of such examination axe used only accordance with this Act.
Discrirnination on Tmnsportation
SECTION 35. Public Trunspoftation' - It shall be considered discrimination for the
franchisees or operators and personnel of sea, land, and air tpnsportation facilities to
charge higher faxe or 10 rcfuse to convey a passenger, his orthopedic devices, personal
effects, and merchandise by reason of his disability
Discrimination on the Use ofPublic Accommodations and Services
SECTION 36. Public Accommodations and Setvices. For puposes 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
prop etor;
(b) a resiaurant, bar, or other establishment serving food or drink;
(c) a motion pictwe, theater, concert hall, stadium, or other place of exhibition or
entertainmentl
(d) an auditodum, convention center, lectwe hall, or other place ofpublic gathering;
(e) a bakery, grocery store, hardware store, shopping center, or other sa'les ot rental
establishment;
(D a bank, barber-shop, beauty-shop, travel service, funeral parlor, gas station, office ofa
iawyer, pharmacy, insuarce office, professional ofTice ofa health care provider, hospital
or other service establishment;
(g) a terminal, depot, or other station used for specified public transpofation;
(h) a museum, gallery, library or other place ofpublic display or collection;
(i) a park, zoo, amusement park, or other place of recreation;
u-nu.r"ry, elementary, secondary, undergraduate, or post-graduate pdvate school, or
other place of educationi.r\r
Ordinance No. 015
of
Series 2014
Page 14 of 24
(k) a gymnasium, health spa, bowling alley, golf course; or
(l) other place ofexercise or recreation.
SECTION 37. Discrimination on the llse of Public Accommodations' (a) No person
with disability shall be disc minated on the basis of disability in the full and equal
enjoyment ofthe goods, services, facilities, privileges, advantages or accommodations of
any place ofpublic accommodation by any person who owns, leases, or operates a place
ofpublic accommodation. The following constitute acts of discriminationl
(1) denying a person with disability, directly or through contractual, licensing. or
other a angement, the oppofiunity 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 person with disability, on the basis of his disability, dircctly or
thrcugh contractual, licensing, or other arrangement, with the opportunity to
participate in or benefit from a good, service, facility, privilege, advantage, or
;ccommodation that is not equal to that afforded to other able-bodied persons; and
(3) providing a person with disability, on the basis of his disability, directly or
through contactual, licensing, or other arrangement, with a good, service' facility,
advantage, privilege, or accommodation that is different or sepamte from that
provided to other able-bodied persons unless such action is necessary to provide
the peNon with disability 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 ente6 into
the contractual, licensing or other arrangement.
(b) Integrated Settings - Goods, services, facilities, privileges, advantages, and
u""oln-odutiont shall be afforded to individual with a disability in the most integrated
setting appropdale to the needs ofthe individual.
(c) Oppofiunity to Participate - Notwithstanding the existence of sepamte or different
piogt^o. ot activities provided in accordance with this Section' an individual with a
dis;bility shall not be denied the opportunity to participate in such prcgrams or activities
that are not separate or different.
(d) Association It shall be discriminatory to exclude or otherwise deny equal goods,
services, facilities, advantages, privileges, accommodations or other opportlrnities 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 or association.
(e) Prchibitions - For 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
un inAuiaud *ittt u disability or any class or individuals with disabilities from fully and
equally enjolng any goods, services, facilities, pdvileges, advantages, or
accommodaiions, wrless such criteria car be shown to be necessary for the provision of
the goods, services, facilities, privileges, or accommodations being offered;
(2) ; failue to make reasonable modifications in policies' practices, or procedues, when
such modifications axe necessary to afford such goods, services, facilities, privileges,
advantages, or accommodations to individuals with disabilities, unless the entity can
demonstrate that making such modification would fundamentally alter the natue of the
goods. facilities. services. privileges. advantages. or accommodations*\-
Ordinance No. 015
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Page 15 of
(3) failure to take such steps as may be necessaxy to ensure that no individual with a
disability is excluded, denied seNices, segregated or otherwise treated differently than
other individuals because of the absence of auxiliary aids and services, unless the entity
can demonstate that taking such steps would fundamentally alter the natue of the good,
service, facility, privilege, advantage or accommodation being offered or would result in
undue burden;
(4) a failure to remove axchitectural baniers, and communication barriers that axe
sauctural 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 altemative methods if such methods
are readily achievable.
SECTION 38. Use of Goremment Recrestional or Sports Centers Ftee of Charge. -
Recreational or sports centers owned or opercted by the Govenment shall be used, free
of charge, by marginalized persons with disability during their social, sports or
recreational activities.
Prohibitions on Verbal, Non-verbal Ridicule and Vilification Against Persons
with Disability
SECTION 39, Public Ndicule. For purposes ofthis Chapter, public ridicule shall be
defined as an act of making fun or contemptuous initiating or making mockery ofpersons
with disability whether in \rriting or in words, or in action due to their impairment/s.
SECTION 40, No individual, group or community shall execute any of these acts of
ridicule against persons with disability in any time and place which could intimidate or
result in loss ofself-esteem ofthe latter.
SECTION 41. WliJication. - For purposes ofthis Chapter, vilification shall be defined
as:
(a) The utterance of slanderous and abusive statements against a person with
disability; and./or
(b) An activity in public which incites hatred towards sedous contempt for, or severe
ddicule of persons with disability.
SECTION 42, Any individual, group or community is hereby prohibited from vilifying
any pe$on with disability which could result into loss ofself-esteem ofthe latter.
CHAPTER IV
TAX INCENTIVES
SI,CTION 43. Tqx Incentires. - (a) Any donation, bequest, subsidy or finarciai aid
which may be made to govemment agencies engaged in the rchabilitation ofpersons with
disability and organizations of persons with disability 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 ftom the donor's gross income
for purposes of computing the ta\able ircome subject to the provisions of Section 29 (h)
ofthe Code./1r6
Ordinance No.0l5
of
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Page 16 of 24
(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 inlemational agreements.
(c) Local manufactuing or tecbnical aids and appliances used by persons with disability
shall be considered as a prefered area of investment subject to the provisions of
Executive Order No. 226 otherwise known as the "Omnibus Investinents Code of 1987"
and, as such, shall enjoy the rights, p vileges and incentives as provided in said Code
such as, but not Iimited. to the following:
1) repatdation of investments;
2) remittance of earnings;
3) remittance ofpayments on foreign contracts;
4) fteedom from expropriations;
5) freedom from requisition ofinvestment;
6) income tax holiday;
7) additional d€duction for labor expense;
8) tax and duty exemption on imported capital equipment;
9) tax credit on domestic capital equipment;
l0) exemption ftom contraclor's taxi
I 1) simplifi cation of customs procedues;
12) uffestdcted use of consigned equipment;
13 ) emplo).rnent of foreign nationals:
14) tax oedits for taxes and duties on mw materials;
15) access to bonded manufacturing/taded warchouse system;
l6) exemption from taxes and duties on imported spare parts; and
CHAPTER V
ROLE OF NATIONAL AGENCIES, LOCAL GOVERNMENT-UNITS AND
SUPPORT FROM NON.GOI'ERNMENT ORGANIZATIONS
SECTION 44. Eousing Progrartl - The National Government shall take into
consideration in its national shelter program the special housing requirements of persons
uit-h disability.
SECTION 45. Role of National Agencies and Local Govenment Units. - Local
govemment units shall promote the establishment of organizations of persons with
disability in their respeative tenitorial jurisdictions National agencies and local
govemment units may entel into joint ventures with organizations or associations of
persons with disability to explore livelihood opportunities and other undertaking that
shull the health, physical fitness and the economic and social well-being of
"nhance
persons with disability.
SECTION 46, Suppo From Nongovernment Otganizations. - Nongovernment
organizations or private volunteer organizations dedicated to the purpose of promoting
and enhancing the welfare of persons with disability 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
paxticipation in the implemenlation of said measues, programs ard projects is to be
ext€nded all possible support by the Governmenk
Series of
2014
l7 of
Page 24
The Govemment shall sponsor a volunteer seNice program which shall hamess the
involvement of private individuals in the provision of assistance to persons with
disability.
CHAPTER VI
PERSONS with DISABILITY AFTAIRS OFFICE (PDAO)
SECTION 47. Creation of Persohs b'ith Disability AffaiE Offtce (PDAO) of Marikind"
Section 40 of Republic Aat No. 7277 as amended by Section I paragraph (b) (1) of
Republic Act No. 10070 provided for the establishment of a Persons with Disability
Affairs Office in all provinces, cities and municipalities, and pursuant with the said
mandate, the Pemons with Disability Affairs Office of Marikina was created by virtue of
Ordinance No. 144, Sedes of2008.
SECTION 48. Provision/Allocation of an OfJice Space fot PDAO. The City
Govemment of Marikina shall provide and allocate an office space for PDAO in any City
Govemment building, including the provision ofthe necessary amenities therefore.
SECTION 49, Functions of the PDAO.'fhe Persons with Disability Affairs Office of
Ma kina City shall have the following functions and responsibilities:
Formulate and implement policies, plans and programs for the promotion of the
welfare of PWDs in coordination with concemed national and local government
Coordinate the implementation of the provisions of R.A.'727'7 as amended by
R.A. 10070, Batas Pambansa Blg. 344, otherwise klown as the Accessibility
Law, and other relevant laws at the local leveli
iii. Represent PWDs in meetings of local development councils and other special
bodies;
Recommend ard enjoin the participation ofnongovenment organizations (NGOs)
and people's organizations (POs) in the implementation of all disability-related
laws and policies;
Gather and compile relevant data on PWDs in their localities;
vi. Disseminate infomation including, but not limited to, progams and activities for
PWDS, statistics on PWDS, including children with disability, and training and
employment opportunities for PWDs;
vii. Submit reports to the office of the local chief executive on the implementation of
programs and services for the promotion of the welfare of PWDs in their
respective areas of iurisdiction;
vlll. Ensue that the policies, plans and programs for the promotion of the
welfare ofPWDs are funded by both the national and local govemment;
Monitor fundraising activities being conducted for the benefit of PWDS;
x, Seek donations in cash or in kind flom local or foreign donors to implement an
approved work plan for PWDS, in accordance with existing laws and regulations;
and
xi. Perform such other functions as may be necessary for the promotion and
protection ofthe welfare ofthe PWDS.
SECTION 50. Qaatifrcations of the Hedd o! PDAO, The Head of PDAO shall be
designated by the Local ChiefExecutive. wirh the following qualificationsTrr,
of
Sedes 2014
Page 18 of 24
1. A Filipino citizen aad resident ofthe city for at least one (1) year;
2. A registered voter ofthe concemed mturicipality;
3. Able to read and write; and
4.
Must be a bonafide member of a duly accredited PWD organization with a track
record ofat least three (l) lears.
SECTION 51. .lr'azz er of Selection and Appointment of the PDAO Eead, Head, of
PDAO shall be chosen or recommended in a general assembly by and among the
organizations of PWDs in the city. The list of nominees shall be submitted to tlle
Sangguniang Panlungsod, thru its Committee on Senior Citizens and Persons with
Disability Affairs, which shall choose the tlree (3) nominees to be forwarded to the
Office ofthe Local ChiefExecutive.
SECTION 52. Tem of Office of the PDAO Head. The Hend of PDAO shall have a term
of office of three (3) years and shall be reappointed for another term based on the
Sanggunian selection process. In case ofdeath, the remaining term shall be served by the
new appointee who has undergone the selection process.
SECTION 53, Funding, Upon approval of this Ordinance, the necessary fund for the
purpose shall be taken fiom ary available revenue of the City. For the succeeding years
of implementation, PDAO funding shall be included in the City's Annual Plalls aod
Budget.
SECTION 54. ,Sapervision over PDAO. The PDAO shall be lodged under the Office of
the Local Chief Executive arld as such, the Local Chief Executive shall exercise
supervision over the PDAO operations and activities.
CHAPTER VII
CREATION OF BARANGAY PDAO
SECTION 55. Crcation of Bdtdttgdy PD,4O. There shall be crcated a Barangay PDAO
for each of the sixteen (16) barangays of Marikina, and for any barangay which will be
created by law. Each Barargay PDAO shall be composed of a Chairperson, a Vice-
Chairperson, a Secretary, a Treasurer, an Auditor and four (4) Board Members.
SECTION 56. Qzalfication of the Chairyercon of Ba tngdy PDAO. The qualifications
ofthe Chairperson ofBarargay PDAO shall be the same as that ofthe qualifications of
the Head ofPDAO Marikina and must have resided in his or her baxangay for at least one
(1) year.
SECTION 57, Manner of Selection an.l Appointment of Barangay PDAO
Chabperson. The Barangay PDAO Chairperson, Vice-Chairperson and officers thereof
-an
shall be elected by assembly of persons with disabilities residing in the concemed
barangay. The election guldelines ard procedures shall be formulated by the Persons with
Disability_Affairs Office of the City and the Chairperson of the Committee on Senior
Citizens and Persons with Disability Affairs of the Sangguniang Panlungsod of Marikina,
in coordination with the concemed Barangay Govemment. The elected Chairperson shall
automatically be a composite member ofthe PDAO ofMarikina.
SECTION 58. Tem of Ofrtce ofthe Chairman of the Barangay Pr,4O. Assumption of
office of Barangay PDAO Officers shall be immediately, upon their taking of oath of -
of
Series 2014
Page 19 of 24
office. Chairman of the Barangay PDAO shall have a term of three (3) years with
reelection. In case of demise or permanent disability of a Chairman, the remaining and
rmexpired term shall be automatically assumed by the Vice-Chairperson. If the Vice-
chairmanship, by operation law on succession, the next officer in line has to serve the
remaining and unexpired term of the Chairman. ln this regard, the ranking provided in
Section 55 ofthis Ordinance shall be followed.
SECTION 59. Honold arn of lhe Chai,man of Bamngay PDAO, Each Chairman of
the Baxaogay PDAO shall be given a monthly honorarium of Three Thousand Pesos
(Php3,000.00) chargeable against the frmds of the Office of the Senior Citizens Affairs
(oscA).
SECTION 60. lrrncti"ns ofthe Bamngay PDAo. The functions ofthe Barangay PDAO
will be the same as that of the PDAO of Marikina, for as long as they are applicable for
implementation in their respective barangays.
SECTION 61. Szpenrsion ofthe Barangay PDAO, The Barangay PDAO shall be under
the administrative supervision of the PDAO of Marikina. The Barangay Captain of the
concemed bamngay shall be vested with the power and authority iII implementing to the
fullest the provisions of the Magna Carta for Persons with Disabilities within the political
jurisdiction of the barangay.
SECTION 62, Oftice/Staff for the Barungoy PDAO - Bdrungay Percons with
Disabilities Centet The concemed Barangay Govemnent Unit shall assign an ofTice
space in their respective Bara.ngay Halls for the use of Barangay PDAO, and provide all
amenities necessary therefor. Volunteer persons with disabilities from the barangay may
serve as office staff of the Barangay PDAO. The concemed Barangay Govemment Unit
shall likewise Fovide and designate a place within the barangay for the establishment of
a Barangay PWD Center.
IMPLEMENTING MECHANISM AND ENFORCING AUTHORITIES
SECTION 63, Implemenling Mechanism. To help enswe effective implementation of
Republic Act No. 7277 as amended by Republic Act Nos. 9442 and 10070, the following
offices and agencies ofthe City Govemment shalll
(a) The Persons with Disability Affairs Offrce (PDAO) of Marikina shall exercise
all the maadated functions and responsibilities as provided for under the said
Acts.
(b) The Business Pemit & Licensing Off1ce (BPLO) of Marikina shall, p or to
the issuance of business permits and licenses, inform the establishment of
pertir€nt provisions of Republic Acts No. '12'77,9442 and 10070, specifically
the inc€ntives gmnted to persons with disability.
(c) The Public IDformatior Office (PIO) of Madkina shall launch a city-wide
information campaign regarding this Ordinance.
(d) The City Transportation Management & Development Office (CTMDO),
prior to approval ard issuance of franchise to operate, or renewal thereof,
shall require all public utility tricycles operating within Marikina City to posl *
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of
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Page 20 of 24
the required sticker that reflects the 20% discount to be granted to peNons
with disability.
(e) The Barangays of Marikina shall disseminate information regarding the
pertinent provisions of the Acts and this Code in their respective areas of
jurisdiction, including the posting of this Code in the bulletin boards in their
barangay halls.
(l) All concemed offices and agencies ofthe City Govemment shall be fumished
with copies ofthis Code for information, guidance and dissemination.
CHAPTER VIII
RESPONSIBILITY AND PROGRAMS OT THE CITY GOVERNMENT
OF MARIKINA TO THE PERSONS WITH DISABILITY
SECTION 64, The City Govemment of Marikim is mandated by law to ensure that the
provisions of the Magna Carta for Persons with Disability, as amended are fully
implemented.
SECTION 65. City covemment Programs for the Persons with Disability. The City
Govemment of Marikina has the following progams, projects and legislative measures
. for persons with disability:
a. Ordinance No. 187, Sedes of 1995 entitled, "Ordinance Requiring Owners of
Private and Non-Pdvate Buildings ard/or Structure to Stxictly Comply with the
Disabled Persons Accessibility Law". This Ordinance requires all owners and
operators of buildings and structues located within the City of Marikina to
comply with the provisions ofthe "Disabled Persons Accessibility Law" and shall
provide facilities for the beneflt ofpersons with disability such as:
ii.
Reserved front seats, in the case ofbusses; and
iii. Such other facilities as provided under the "Disabled Persons Accessibility
Law"
It also prohibits the City Engineering Office from issuing building and./or
clearance permit unless and until the applicant shall have introduced facilities in
the proposed building to be coNtructedhehabilitated to service persons with
disability as prescribed under the aforementioned law.
b. Ordinance No. 144, Series of 2008 entitled, "Ordinance Creating An Office of
Persons with Disability Affairs in Support of Republic Act No. 7277, Otherwise
Known as the Magna Caxta for Disabled Persons".
Ordinance No. 37, Series of20l1 entitled, "Ordinance Providing Annual Free Flu
Vaccine Injection to All Senior Citizeos and Persons with Disability in the City of
Marikina, and Approp ating a Certain Amount for the Purpose".
d. Ordinance No.25, Series of2012 entitled, "Ordinance Exempting Senior Citizens
ard Pe$ons with Disability (PWDs) From Payment ofurinal or Toilet Fees in All
Public and Private Comfod Rooms in the City of Marikina, and Imposing
Penalties for Violation Thereof." -
/,srw
Ordinance No. 015
Series of
2014
2l of
Page 24
e. Resolution No. 117, Series of 2009 entitled, "Resolution Declaring the Second
Week of May of Every Year as "Persons with Disabilities Week" in the City of
MariLina".
f. Resolution No. 69, Series of ZOtt entitled, "Resolution Requesting All
Institutions Wlich Adopted The Altemative Leaming Systern In The City Of
Marikina To Encourage And Promote Effollment Of Persons With Disabilities,,.
SECTION 66. Ezlorcing Authotities. All agencies of the City covernment of Madkim
vested with police powers shall be responsible for the stdct implementation and
enforcement ofthis Code, to include:
(a) The Barangay Captains ofthe Barangays.
(b) The Marikina PNP and other law-enforcing agencies ofthe City Govemment.
CHAPTER XVII
APPLICATION of PENALTIES
SECTION 67. Pezal C/drr4 Any person who violates any provision of the Acts shall
be imposed \airh rhe following penalties:
(a) For the first Violation, a fine of not less than Fifty Thousand Pesos
(P50,000.00) but not exceeding One Hundred Thousand Pesos (PI00,000.00)
or imp sonment for not less than six (6) months but not more than two (2)
years, or both at the discretion ofthe court:
(b) For any subsequent violation, a fine of not less thar One Hundred Thousand
Pesos (P100,000.00), but not exceeding Two Hundred Thousand Pesos
(P200,000.00) or imp sonrnent for not less than two (2) years, but not more
than six (6) years, or both at the discletion ofthe court.
(c) Any person who abuses the privileges granted herein shall be punished with
imprisorunent of not less than six 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 ofthe court.
(d) If the violator is a corporation organization or any similar entity, the officials
thereofdirectly involved shall be liable therefore.
(e) If the violator is an alien or a foreigner, he shall be deported immediately
after service ofsentence without further deportation proceedings.
Upon filing of an approp ate complaint, and after notice and hearing the
proper authorities may also cause the canc€llation or revocatiol of the
business permit, pemit to operate, ftanchise ard other similar privileges
ganted to any business entity that fails to abide by the provisions ofthe Acts.
SECTION 68. Fines/penalties lot Violation of the City Ordinances. The following
penalties shall be impos€d for violations of city ordinances, as prescribed by Section 458,
(l), (iii) of the Local Government Code of199l which authorizes local government units
to approve ordinances imposing fines and penalties for violation ofcity ordinances;;
Series of
2014
Page 22 of 24
(a) For violation of Ord. 187, Fine of Two Thousand Pesos
Series of 1995 (P2,000.00)
(b) For Violation ofOrd. No. 25, Fine of One Thousand Pesos
Series of2012 (P1,000.00)
(c) For Public Utility T cycles Fines for the tricycle driver/
not granting 2070 fare operator/ owner
discount to PWDS lstoffense - PI,000.00 hne
on both driver and owner
2nd offense - P5,000.00 and
Revocation of the Franchise
to operate
(d) For not posting 20% Fine for the tricycle owner P500.00
discount sticker on tricycles
(e) For not posting informative Fine for the establishment
Billboards on discount by owner P1,000.00
Establishment
The City Transportation Management and Development Ofiice (CTMDO) shall require
all public utility tricycles operating in Marikina City to permanently post a sticker inside
the tricycle's sidecar which states that persons with disability are given 20o/o discount on
tdcycle fares. The CTMDO shall issue the sticker and may charge a minimal fee
therefore.
SECTION 69. CitJr Fines/ Penalties-Excfusiriry, Pursuant to the developed powers and
authority vested upon local govemrnent units by the Local Govemment Code of 1991, the
fin€s and penalties imposed by the City Govemment of Madkina for violation of City
Ordinances shall be separate and exclusive of the fines and penalties imposed by
Republic Acts No.7277,9442, ard 10070, unless otherwise, declared by the judicial
court or competent authority.
CHAPTER XVI
APPROPRIATION
SECTION 70, Approptiation, The Depafiment of Budget and Management (DBM) and
the Deparhnent of Social Welfare ard Development (DSWD) issued Joint circulat No.
2003-01 on April 28,2003 regarding the Implementing cuidelines for Section 29 ofthe
General ApFopriations Act for FY 2003, entitled, "Setting Aside One Percent of
Government Agency Budget for Programs/Projects related to Senior Citizens and the
Persoru with Disability," wherein local govemment units are mandated to issue
guidelines relative to the implementation of Section 29 ofthe General Appropriations Act
of 2003.
Local Budget Memorandum No. 67 issued on June 28, 2013 regarding the "FY 2014 IRA
Leval and Other Local Budget Preparation" prescribed the guidelines in the preparation
of the FY20l4 local budgets to include progrums, projects and activities that cm bj,n-
Ordinance No. 015
Series of
2014
Page 23 of 24
att buted and built-in within the budget level for Senior Citizens and Persons with
Disabilities pwsuant to R.A. No. 9242, amending R.A. No. 9277.
SECTION 71. Budgetary Allocation fot Ptogtarrrs/Projects Relaling to Seniot Citizens
and the Pewons with Drsdrili4r'. Pursuant to the Joint Circular No.2003-01, jointly issued
by DBM and DSWD, providing for the Implementing Guidelines for Section 29 of the
General ApFopriations Act for FY 2003, the City Goverment of Marikina hereby
allocates annually one percent (1%o) ofits yearly total executive budget for the exclusive
use in the implementation of programs, projects and activities for the senior citizens and
the persons with disability of Marikina City, as ellumemted under the afore-mentioned
Joint Circular.
Sf,CTION 72, bt plementing Aulhotiq,, The local chief executive shall be responsible
for the implementation ofthe programs, projects, activities and services that will address
the needs of the elderly and persons with disability of Marikina, as well as, the
submission of reports as required by the Joint Circular of the DBM and DSWD. The
Office ofthe Local Chief Executive shall likewise formulate the necessary Implementing
Rules and Regulations (IRR) to ensue the st ct implementation ofthis code.
CHAPTER XIX
FINAL PROVISIONS
SECTION 73. Repealirlg Cltuse. AII city ordinances, executive orders and rules and
regulations, or part(s) thereol that will be contldy to or inconsistent with the aoy
provision ofthis Code, are hereby repealed or modified accordingly.
SECTION 74. Separability Clazse, Should any part or provision of this Code shall be
held to unconstitutiona.l and declared invalid, other parts or provisions hercof which are
not affected' thereby shall continue to be fuIl force and effect.
SECTION 75, Effectivity Clause. This code shall take effect upon its approval.
UNANIMOUSLY FNACTED by the SANGGITNIANG PANLUNGSOD of
MARIKINA this lgrh day ol'March,20l4.
I HEREBY CERTIFY to the correclness of
the foregoing Ordinance of the 7th City
Council which was duly enacted by the
Sartggurtiang Panlungsod during its l1d
Regular Session held at the City Council
Session Hall on March 19,2014.
R.ca-;-V
City Council Secretary
Ordinance No. 015
of
Series 2014
Page 24 of 24
ATTESTED AND CERTIFIED
TO BE DULY ADOPTED:
FABIAN I. CADIZ, M.D.
Vice Mayor/Presiding OIfrcer
4 APR 2011
oo 'l
A?PROVED by the HON. CITY MAYOn