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VISIBILITY OF THE REPUBLIC ACT 10754

“An act expanding the benefits and privileges of persons with disability”

Ailen D. Cervantes

Desiree J. Jeresano

ailencervantes1230@gmail.com

jeresanojungkook@gmail.com

Sorsogon State College

Magsaysay Str. Sorsogon City

Abstract

This study focused on the visibility of R.A. 10754 or the act expanding the benefits and privileges of
persons with disability. This study aims to measure the level of awareness of PWDs to the benefits
and privileges under R.A. 10754 specifically on 20% discount on purchase of medicine, 20%
discount on land transportation travel and educational assistance. This study also aims to measure
the level of availability of the said provision and identify the most common way of how the PWDs
are being informed about the benefits and privileges mandated by the said law. The respondents
of this study were 88 PWDs from two barangays namely, Barangay Cabid-an and Barangay
Pamurayan who were identified by Barangay Health Workers through profiling. The analyzed data
revealed that respondents were sometimes aware of the R.A. 10754 and its underlying benefits
and privileges specifically on 20% discount on purchase of medicine, 20% discount on land
transportation travel and educational assistance which indicates that the respondents have low
awareness of the said law and its specific benefits and privileges. The result also showed that these
specific benefits and privileges were sometimes available to PWDs. The data also showed that the
two most common way the PWDs are being informed about the benefits and privileges mandated
for them were through signages and TV/radio advertisement.

Keywords: Persons with disability, visibility, awareness, availability, R.A. 10754,

I. Introduction

In the 2010 Census of Population and Housing (2010 CPH), of the 92.1 million household population
in the Philippines, there are 1,443 thousand persons a 1.57 percent had disability. In relation to
increasing number of PWDs, in March 23, 2016, former president, Benigno S. Aquino III approved
R.A. 10754, an Act Expanding the Right and privileges of Persons with Disability (PWD). This act
amended the R.A. 7277 otherwise known as the Magna Carta for Disabled Person. The R.A. 10754
defined Person with Disability as individuals with long-term physical, mental, intellectual or sensory
impairment which in interaction with various barriers may hinder their full and effective participation
in society on all equal basis with others. As stated in this act, persons with disability shall be entitled
to: a)at least twenty percent (20%) discount and exemption from the value added tax(VAT) on the
fees and charges relative to the utilization of all services in hotels and similar lodging establishments,
on admission fees charged by theaters, cinema houses, concert halls, circuses, carnivals and other
similar places, on the purchase of medicines in all drugstores, on medical and dental services
including diagnostic and laboratory fees, on medical and dental services including diagnostic and
laboratory fees, and professional fees of attending doctors in all private hospitals and medical
facilities, on fare for domestic air and sea travel, on actual fare land transportation travel and on
funeral and burial services for the death of the PWD; b)educational assistance to PWD; c) others
benefits and privileges; d) special discount in special programs and e)express lane for PWD.
(National Council on Disability Affairs)

This study will only focus on three (3) services under R.A. 10754 which are the benefits and privileges
on (a) 20% discount on purchase of medicine and foods for special medical purposes; (b) 20%
discount on land transportation travel and (c) educational assistance for Person with Disabilities.
It is stated in the Implementing Rules & Regulation of R.A.10754 that Person with Disabilities shall be
entitled to the grant of 20% discount and VAT exemption on the purchase of certain good &
services from all establishment. In purchase of Medicine and Foods for Special Medical purposes,
the act shall apply on the purchase of prescribed generic and branded drugs/medicines as well
as food for special medical purposes in all drugstores for the exclusive use or availment of persons
with disability. The Department of Health, in coordination with the Philippine Health Insurance
Corporation and Food and Drug Administration, shall issue the corresponding guidelines, circulars
or directives related to this section and disseminate such information to all concerned.

In Land Transportation Travel, the act shall apply to actual fare for land transportation travel such
as, but not limited to public utility buses or jeepneys, taxis, Asian Utility Vehicles(AUVs), shuttle
services, public railways including Light Rail Transit, Metro Rail Transit and Philippine National
Railways and Transportation Network Vehicle Services(TNVS) such as Grab, Uber and the like. The
Department of Transportation including those agencies attached and under its administrative
supervision and control shall issue the corresponding guidelines, circulars or directives related to
land transportation travel and disseminate such information to all concerned The LGU concerned,
in coordination with the Leagues of Cities and Municipalities, shall also ensure the passage of local
ordinance to enjoin transport groups to grant this benefit/privilege.

Educational Assistance shall be granted to persons with disability to pursue primary, secondary,
tertiary, post tertiary as well as vocational or technical education in both public and private
schools authorized technical vocational institutions through the provision of scholarship, grants,
financial aid, subsides and other incentives to qualified person w/disability, including support for
books, learning materials and uniform allowance to the extent feasible. The Department of
Education (DepEd) CHED and TESDA shall also ensure that all public and private schools, colleges
and universities are informed about the provision on educational assistance for persons with
disability.

In connection to the Republic Act 10754, Government Agencies that are in charge for the
implementation of this act issued memorandum and administrative order to comply with the
provisions of this act. The Department of Health issued Administrative Order (AO) 2017-0008-
Implementing Guidelines of Republic Act 10754 otherwise known as “An Act Expanding the
Benefits and Privileges of Persons with Disability”, for the Provision of Medical and Health related
discount and Special Privileges.

The Department of Transportation and Communication and Land Transportation and Franchising
Regulatory Board issued the Memorandum Circula no. 2011-004 which states that public utility
vehicles shall grant fare discount as prescribed by the law, rules and regulations to persons with
disability. Person with disabilities will able to enjoy 20% fare discount whenever they ride to public
utility vehicles, taxis or book network vehicle services such as Grab and Uber. LTFRB ordered the
“full compliance” of public utility vehicles in granting a 20% fare discount to PWDs.

The Department of Education issued the DepEd Memorandum no.168, s.2017-Dissemination of the
Implementing Rules and Regulations of the Republic Act.10754. It was stated in this memorandum
that all DepEd personnel are strictly required to comply with the provision on educational
assistance for persons with disability.

Despite of the many ways of the government in implementing the provisions of R.A.10754,
according to Grace Oyando of the Office of the Person with Disability Affairs, there is still the lack
of awareness of the laws that protects the rights of PWDs and this is mainly because of the lack of
knowledge of the law itself by establishments. According to Tabuga(2013), pioneering surveys on
the condition of the PWDs found that there is low awareness among PWDs on the law and other
initiatives of the government and various stakeholders aimed at improving their conditions.
Because of low awareness, it was also reported that PWDs has also participation in the said
provisions. This study will be conducted in order to know if Person with Disabilities are aware and
well-informed about the benefits and privileges that are provided for them under R.A.10754, if
these services are really available and accessible to them and how are they being informed
about these benefits and privileges. It will also seek to answer the following questions: (a) What is
the level of awareness of Person with Disability about R.A.10754 specifically on 20% discount on
purchase of medicine, 20% discount on land transportation travel and educational assistance; (b)
What is the level of availability of the services provided in R.A.10754 specifically in terms of (i)
purchase of medicine in all drugstores; (ii) land transportation services and (iii) educational
assistance. (c)How are the PWDs being informed about the existing law?
II. Objectives/Purpose of the study

This study seeks to know the visibility of the Republic Act 10754-an act expanding the benefits and
privileges of persons with disability.

Specifically, it answers the following questions:

1. What is the level of awareness of persons with disability about R.A 10754 specifically in:

1.1 20% discount on purchase of medicine

1.2 20% discount on land transportation travel

1.3 Educational assistance

2. What is the level of availability of the services provided in R.A.10754 specifically in:

2.1 20% discount on purchase of medicine

2.2 20% discount on land transportation travel

2.3 Educational assistance

3. How are the PWDs being informed about the existing law?

III. Methodology

This study used the combination of qualitative and quantitative method. The respondents in this
study were Persons with disability from Barangay Cabid-an and Barangay Pamurayan. The total
number of PWDs in two barangays is 110 (70 from Barangay.Cabid-an and 40 from Barangay.
Pamurayan). Using Sloven’s formula, the researchers came up with 88 respondents, fifty-six (56)
respondents from Barangay Cabid-an and thirty-two (32) respondents from Barangay Pamurayan.
Out of the 88 respondent, 22 have Physical/Orthopedic disability, 19 has Mental Retardation, 14
were Deaf and Mute, 12 have learning disability, 9 with Down Syndrome, 6 Visually Impaired and
6 with Communication Disorder. For those PWDs who were below 18 years old and incapable of
answering the questionnaire, the parents/caregivers were asked to do so. The data was gathered
using questionnaire. To determine the level of awareness of persons with disability in 10 indicators
formulated from R.A. 10754, a 4 point Likert scale was utilized. The same Likert scale was used to
measure the level of availability of the benefits and privileges under R.A.10754 specifically on 20%
discount on purchase of medicine, 20% discount on land transportation services and educational
assistance for PWDs. This study also used a checklist to determine the ways on how the persons
with disability are being informed about their benefits and privileges. An open-ended question
was also utilized to know their opinion on how the government must do to inform them about their
rights, benefits and privileges. Before conducting the research, the researchers coordinated with
their respective barangay to ask the number of PWDs. With the permission of the barangay
captain, the researchers conducted a house to house visit to the target respondents. In analyzing
the gathered data, the researchers used frequency and weighted mean.

IV. Results and Discussion

Figure 1. Awareness of R.A. 10754

Weighted Description
Mean
Awareness of the R.A.10754

1.8 Not Aware


I am aware of R.A.10754 at All
2.5 Sometimes
I am aware that there is 20% discount and exemption from value- Aware
added tax (VAT) if applicable on some sale of good and services
for exclusive use and enjoyment or availment of the PWDs.

2.5 Sometimes
I am aware that there is a 20% discount on purchase of medicine for Aware
special medical purposes for persons with disability.

2.1 Sometimes
Aware
I am aware that this 20% discount on purchase of medicine (generic
or branded) for special medical purposes shall apply in all
drugstores.

Moderately
I am aware that there is a 20% discount on Land Transportation 3.2 Aware
travel for persons with disability.

I am aware that this 20% discount shall apply to public utility buses or 2.9 Sometimes
jeepneys. Aware

I am aware that persons with disability is entitled to Educational 2.8 Sometimes


Assistance. Aware

I am aware that this educational assistance shall be granted to 2.3 Sometimes


PWDs to pursue primary, secondary, tertiary as well as vocational or Aware
technical education.

I am aware that this educational assistance shall apply to both


public and private schools and authorized technical & vocational 2.3 Sometimes
institutions. Aware

I am aware that this Educational Assistance for persons w/ disability


includes scholarships, grants, financial aid, subsidies and other 2.7 Sometimes
incentives like support for books, learning materials and uniform Aware
allowance.

Average Weighted Mean 2.5 Sometimes


Aware

Philippine Government formulate and implement laws and policies for persons with disability in
order to ensure and protect their rights. However, despite of the many legislations upholding the
rights, benefits and privileges of persons with disability, there is a low awareness among PWDs on
the laws and other initiatives of the government (Tabuga, 2013). In figure 1, it shows the
respondents level of awareness on the Republic Act 10754-an act expanding the benefits and
privileges of persons with disability. The data shows that PWDs has a low awareness about the R.A.
10754 having a weighted mean of 1.86 which indicates that PWDs are not aware at all to the law
itself. In the December 2011 and July 2013 survey conducted by the Social Weather Stations found
that more than half of PWDs had almost no knowledge of the Magna Carta, only 7 percent
answered that they had an extensive knowledge of the law. Under the 20% discount privilege
provided by the R.A. 10754, the analyzed data shows that PWDs has low awareness about the
20% discount and exemption from value-added tax (VAT) if applicable on some sale of goods
and services for exclusive use and enjoyment or availmeant of the PWDs having a weighted mean
of 2.5 which indicates that PWDs are sometimes aware of the said provision. In the 20% discount
purchase of medicine for special medical purposes for persons with disability, the data also shows
that PWDs are sometimes aware of this provision having a weighted mean of 2.5. With the
weighted mean of 2.1, result shows that PWDs are sometimes aware that this 20% discount on
purchase of medicine (generic or branded) for special medical purposes shall apply in all
drugstores. Under the 20% discount entitled for PWDs by the R.A. 10754, the data result shows that
respondents are moderately aware of 20% discount on land transportation travel for persons with
disability with a weighted mean of 3.2.With a weighted mean of 2.9, the data shows that PWDs
are sometimes aware that 20% discount on land transportation travel shall apply to public utility
buses or jeepneys. These data under the 20% discount privileges provided by the R.A 10754 shows
that PWDs has a low awareness of the benefits and privileges provided to them. According to the
PIDS 2008 and 2010 survey on PWDs, low awareness results PWDs to have a very low participation
in discount privileges that the law mandated. It is stated that persons with disability is entitled to
educational assistance, educational assistance that will help them to access their rights to
education. However, on the independent report submitted by the Commission on Human Rights
of the Philippines specifically in education, it is reported that there is a general lack of quantitative
data on disability right issues. In the educational assistance privilege that are entitled to PWDs by
the R.A.10754, analyzed data also shows that PWDs has low awareness to the said provision with
a weighted mean of 2.8 which shows that PWDs are sometimes aware of it. The data also shows
that respondents are sometimes aware that the educational assistance shall be granted to PWDs
to pursue primary, secondary, tertiary as well as vocational or technical educational having a
weighted mean of 2.3. With a weighted mean of 2.3, the data indicates that PWDs are sometimes
aware that the educational assistance shall apply to both public and private schools and
authorized technical and vocational institutions. The analyzed data also shows that PWDs are
sometimes aware that educational assistance for persons with disability includes scholarship s,
grants, financial aid, subsidies and other incentives like support for books, learning material and
uniform allowance having a weighted mean of 2.7. In the survey conducted by the Philippines
Institute for Development Studies(PIDS) team in 2008 in selected cities in Metro Manila about the
awareness of the PWDs on R.A. 7277 or the Magna Carta for disabled person result showed that
majority of the respondents, 68% was not familiar with R.A. 7277 and 32% had knowledge about it.
In the same survey, 79% of the respondent was also not aware of the R.A. 9442 of 2007. Data from
this survey also showed that awareness of the policies is also low among those who are eligible.
More than half were not aware of the Magna Carta for person with disabilities. In this study about
the visibility of the R.A. 10754, it also shows that PWDs are sometimes aware of the benefits and
privileges under R.A. 10754. With an average weighted mean of 2.5, these result indicates that
there is a low awareness of R.A. 10754 specifically on 20% discount on purchase of medicine, 20%
discount on land transportation travel and educational assistance. In one recent finding also
indicates low awareness of legislation and policy among PWDs.

Figure 2. Availability of R.A. 10754

Availability of the R.A. 10754 Weighted Description


Mean

a.20% discount on purchase of medicine in all drugstores 1.7 Not


Available at
All

b. 20% discount on land transportation 2.6 Sometimes


Available
c. Educational Assistance 2.4 Sometimes
Available

* Scholarship 1.7 Not


Available at
All

*Financial Aid 2.1 Sometimes


Available

*Incentive (books, learning materials and uniform allowance

2.0 Sometimes
Available

Average Weighted Mean 2.1 Sometimes


Available

It is stated in the report of the Special Rapporteur of Human Right Council on the rights of person
with disability in 2016 that persons with disabilities experience poverty and other forms of social
exclusion. They are also less likely to be employed, receive education or gain access and avail
public services. Report from the Asian Development Bank also showed in the Philippines, persons
with disabilities have limited access to basic social services. Access to education, access to health
care, access to employment and access to transportation are all severely limited to PWDs.
Throughout the years, the Philippine government has made number of laws and policies to
address the needs of persons with disabilities, however, despite the move of the government in
implementing this laws and make the services available to PWDs, data from surveys shows that
PWDs in the Philippines remain marginalized portion of population, most of them are not aware of
the laws and policies made for them. Filipinos with disability also fails to benefit from these laws
and cannot avail the services provided for them (Tabuga, 2010). Under R.A. 10754, PWDs are
entitled to 20% discount privileges and this 20% applies to purchase of medicine and land
transportation travel. The analyzed data from this study shows the 20% discount on purchase of
medicine is not available to PWDs with the weighted mean of 1.7 while the 20% discount on land
transportation travel is sometimes available with the weighted mean of 2.6. The result of this study
is somehow similar to the result of the 2008 survey conducted by the Philippine Institute for
Development Studies (PIDS) in selected cities in Metro Manila which showed that out of 403
respondent, only 9% have ever availed the 20% discount on medical services and 34% have ever
availed the 20% discount on land transportation travel (Yap, et.al, 2009).

A field survey was also conducted in Rosario Batangas in 2010 where 106 PWDs from 31 barangay
were interviewed. Result of this survey also revealed that among the 31 respondent who were
aware of the laws and policies mandated for them, only 10 of them ever availed at least one of
the discount privilege. Only 6% of PWDs in this rural survey have ever availed the transportation
discount and barely on other discount privileges (Reyes, et.al.2011). According to Tabuga (2013),
the most common reason provided by the respondent for not being able to avail the 20% discount
privileges is because of low awareness & for not having a PWD card. The law stated that for PWDs
to avail or participate in discount privilege they have to present identification card from where
they are availing the discount. The ID card serves as proof that the holder is indeed PWD and was
verified and examined by the local government as PWD.
Access to quality education is a fundamental human right which the state has the basic
responsibility to secure and guaranty. (Commission in Human Rights, 2016). To fulfill these
constitutional provision, the Philippines has made number of means to ensure the promotion of
the right to education especially to these marginalized sectors including persons with disabilities ,
one particular way the government has fulfilled its responsibility of promoting right to education is
by making laws and policies which provide every individual particularly the PWDs to access
education. Under R.A. 10754, persons with disabilities are entitled to educational assistance which
includes scholarship, financial aids and incentives. Financial measures have been widely adopted
by countries to support the education of persons with disabilities and usually take the form of aids,
grants and scholarships. (UNESCO, 2015). In the Philippines, particularly, financial assistance to
deserving students with disability is given through the Private Education Financial Assistance
Program. TESDA also granted scholarships to 914 persons with disabilities in technical vocational
courses through the same program. Data shows from this study that educational assistance for
PWDs are sometimes available with a weighted mean 2.4. Availability of scholarship is even worst,
analyzed data shows that scholarship is not available to PWDs with the weighted mean of 1.7.
With the weighted mean of 2.1, financial aid/assistance is sometimes available to PWDs same
goes for incentives in books, learning materials and uniform allowance with the weighted mean
of 2.1. Despite the fact that there are provisions regarding educational assistance for PWDs, a
study on the participation of children with disability in San Remigio and Mandaue City Cebu in
2017 revealed that a significant proportion of Filipino children and women with disability were not
able to go to school because of financial challenges. In the Review Report of Philippine Education
for all in 2015, even with the support of Conditional Cash Transfer and other financial support for
PWDs, they remain marginalized. These data shows that even with existing policies and laws,
educational assistance for PWDs remains unavailable and only 2-3% of children with disabilities
can access basic education. The main reasons of the unavailability of these educational
assistance to PWDs is because PWDs are not aware that there are educational assistance
provided for them under the law, and because of the weaknesses in implementation and no
regular monitoring of the said service.(Disability Rights International,2009).

The gathered data shows that the most common ways the PWDs are being informed about their
benefits and privileges are through signage and radio/TV advertisement. Signage got the highest
response because the 20% discount on fare for PWDs are often posted and seen on jeepneys and
buses. The posting of signage in jeepneys and other PUV (Public Utility Vehicles) are mandated by
the law. It is stated in the section 6.7 of the R.A. 10754 that land transport groups shall place
signage and within public utility vehicles, shuttle services and public railways to inform persons with
disability that they are entitled to the benefit/privileges (NCDA). In the study of Policy Awareness
and Participation by Person with Disability in the Philippines by Tabuga(2013), the finding shows
the PWDs have relatively high access to information via form of media like the television and radio.
The 2008 survey also have the same result, 8 out of 10 respondent reported that they have
television sets at home and half of the respondents said that they have radio at home.

V. Conclusions and Recommendations

To determine the visibility of R.A. 10754 also known as an act expanding the benefits and privileges
of person with disabilities by measuring the level of awareness and availability of the said act, a
survey was conducted using a questionnaire. The analysis showed that there is a low awareness
of the law and its provisions specifically on 20% discount on purchasing medicine and foods for
special medical purposes, 20% discount on land transportation travel and educational assistance
for person with disabilities. Analysis also showed that the benefits and privileges of R.A. 10754
particularly on 20% discount on purchasing medicine and foods for special medical purposes, 20%
discount on land transportation travel and educational assistance for person with disabilities is
sometimes available for PWDs. The result also showed that the most common way the PWDs are
being informed are through signage and radio/TV advertisement.
Based from the results of this research, the researchers recommend the following:

*Strengthen the implementation of the law and policies concerning PWDs by requiring all
concerned government agencies to do their part in achieving the full support to the improvement
of well-being and integration of PWDs into the mainstream of the society.

* The government should raise awareness on the laws and policies concerning the benefits and
privileges of PWDs by coordinating with Barangay Officials/LGUs. LGUs should prioritize educating
general public especially the PWDs with respect to their rights and privileges. Barangay officials
must also conduct seminars that will inform the PWDs about their benefits and privileges.

* Provide programs that are anchored to the laws and policies for PWDs like community-based
services and monitor it regularly with the help of barangay officials and LGUs.

* Government should must ensure that all PWDs are provided with PWDs Identification Card so
they can be eligible for the benefits and privileges provided for them and guarantee that these
services will be available to them.

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http://www.pids.gov.ph.

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