Department of Social Welfare and Development (DSWD) Secretary Judy M. Taguiwalo today led the ceremonial signing of the implementing rules and regulations (IRR) of Republic Act 10754, also known as An Act Expanding the Benefits and Privileges of Persons with Disability.
The event took place at the DSWD Central Office in Batasan QC. In attendance were the principal authors of the law, Rep. Martin Romualdez and Sen. Sonny Angara.
The IRR was drafted primarily by the DSWD, the Department of Health (DOH), Department of Finance (DOF), and the National Council for Disability Affairs (NCDA). DOH and NCDA representatives, and representatives of persons with disability organizations are among the attendees of the signing of the IRR.
“Ensuring that the implementing rules and regulations reflect the spirit of the law maximizes its usefulness for our kababayans belonging to the PWD sector,” Sec. Taguiwalo said.
RA 10754’s main objective is to grant persons with disability at least 20% discount and exemption from the value added tax on the sale of certain goods and services.
The grant of 20% discount and VAT-exemption includes purchases of goods and services from lodging establishments, restaurants, recreation centers, purchase of medicines and food for special medical purpose, medical and dental services, diagnostic and laboratory fees and professional fees of attending doctors, domestic air and sea travel, land transportation travel, funeral and burial services for the death for a person with disability.
Some of the unique features of the law’s IRR is the inclusion of vitamins and minerals in the definition of drug/medicine provided that it is in accordance with the Food and Drug Administration’s prevailing cut-off. It also specified that for herbs to be classified as drug/medicine, levels and amounts as well as registration status is required when indicated for therapeutic use.
It also includes food for special medical purpose which are intended for the exclusive or partial feeding of patients with limited or impaired capacity to take, digest, absorb or metabolize ordinary foodstuffs or certain nutrients contained in it.
To promote the benefits and privileges the law provides, it also requires all establishments and land transportation groups to place signages within their premises, and in public utility vehicles to inform persons with disability of their benefit/privilege.
Another new feature of the law’s IRR is that the benefit and privileges provided now also apply to Filipinos who hold foreign passports, but are registered as dual citizens, and Filipinos who have re-acquired their Filipino citizenship.
Aside from the 20% discount and VAT-exemption provision, it also reiterates the right to educational assistance for all levels including post tertiary and for vocational/ technical courses. It further clarified that primary education shall include kindergarten whether in private or public schools.
It also reiterates the right to social insurance (thru GSIS, SSS, PAG-IBIG), special discounts in the purchase of basic necessities and prime commodities, and express lanes and government establishments.
Tax incentives are also provided for those caring and living with persons with disabilities up to the fourth degree of consanguinity. For the purposes of granting the incentives, persons with disability shall be treated as dependents.
As stated in the RA 10754’s IRR, persons with disability are those 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 an equal basis with others.
Many of the provisions reflect the concerns raised by organizations and associations of persons with disability that attended the two PWD summit that DSWD help organized last September 18 and November 11 of this year, as well as from the national consultation with PWD organizations held last September 12-14, 2016.
“We have conducted several discussions and consultations with individuals, groups and organizations of persons with disability and we have learned a lot from them. These learnings translated to the formulation of the IRR. This is a step forward, but it is not our end goal. The signing of the law is just the start of our task and it is very crucial that we continue consulting with members of the PWD sector and their organizations. We have to ensure that the steps we undertake on their behalf actually respond to their needs and reflect their sentiments when it comes to policies. In the process, we make them our partners in the crafting of laws that aim to serve their interest and the greater good,” Sec. Taguiwalo said.###
