Cerebral Palsy (CP) is a neurological disorder that affects muscle tone, movement, and motor skills. In the Philippine legal and social context, individuals with CP are classified under Persons with Disabilities (PWDs). As such, they are entitled to a comprehensive suite of protections and benefits designed to promote social justice and integration.
The primary backbone of these rights is Republic Act No. 7277, otherwise known as the "Magna Carta for Disabled Persons," as amended by subsequent laws like R.A. 9442 and R.A. 10754.
I. Mandated Discounts and Economic Benefits
Under R.A. 10754, PWDs (including those with CP) are entitled to specific financial reliefs to alleviate the high cost of therapy, medication, and daily living.
20% Discount and VAT Exemption: This applies to a wide range of goods and services, including:
Medical and Dental Services: Includes diagnostic fees and laboratory tests in all government and private facilities.
Medicines: Purchase of generic and branded medicines.
Professional Fees: Attending doctors in all private hospitals and medical facilities.
Public Transport: Airfare, sea travel, and land transportation (Jeepneys, Buses, LRT/MRT, Taxis, and TNVS like Grab).
Leisure and Culture: Admission fees to theaters, cinema houses, concert halls, circuses, and other similar places of culture, leisure, and amusement.
Tax Incentives for Caregivers: Those caring for a PWD (up to the fourth degree of consanguinity or affinity) may be eligible for certain tax deductions, treating the PWD as a dependent under specific Bureau of Internal Revenue (BIR) guidelines.
II. Government Programs and Social Services
The Philippine government facilitates support through various agencies to ensure that individuals with CP have access to rehabilitation and education.
Department of Health (DOH):
Provides specialized medical assistance and assistive devices (wheelchairs, braces) through the Physically Handicapped Service of various government hospitals like the Philippine Orthopedic Center (POC).
Implementation of the Philippine Registry for Persons with Disability to streamline service delivery.
Department of Social Welfare and Development (DSWD):
Auxiliary Social Services: Includes the provision of assistive devices and community-based rehabilitation.
Educational Assistance: Limited stipends for PWD students in primary, secondary, and tertiary education.
PhilHealth (Philippine Health Insurance Corporation):
Z-Benefit Package: While specifically known for mobility orthosis, PhilHealth provides coverage for certain rehabilitation services and inpatient care for conditions related to CP.
Mandatory Coverage: Under R.A. 11223 (Universal Health Care Act), all PWDs are automatically enrolled in the National Health Insurance Program.
III. Education and Employment Rights
The law mandates that the State shall provide "equal opportunities for PWDs in the fields of education and employment."
- Special Education (SPED): The Department of Education (DepEd) is required to establish SPED centers in various school districts to cater to the unique learning needs of children with CP.
- Employment Quotas: Under R.A. 10524, at least 1% of all positions in government agencies, offices, or corporations shall be reserved for PWDs. Private corporations with more than 100 employees are also encouraged to reserve at least 1% of positions for PWDs.
- Accessibility Law (B.P. 344): Requires public buildings, streets, and utilities to install architectural facilities (ramps, railings, accessible toilets) to enhance the mobility of PWDs.
IV. How to Avail: The PWD ID Card
To access any of the benefits mentioned above, the individual must secure a PWD Identification Card.
- Medical Certificate: Obtain a clinical assessment from a licensed physician (preferably a developmental pediatrician or neurologist) confirming the diagnosis of Cerebral Palsy.
- Application: Submit the medical certificate, 1x1 photos, and a valid ID to the Persons with Disability Affairs Office (PDAO) or the City/Municipal Social Welfare and Development Office (C/MSWDO) in your place of residence.
- Issuance: The ID is usually valid for 3 to 5 years, depending on the local government unit’s (LGU) policy, and must be presented at the point of purchase or service.
V. Legal Recourse against Discrimination
The Magna Carta strictly prohibits public ridicule and vilification of PWDs. Any person who violates the rights of a person with CP (such as denying the 20% discount or refusing entry to a public place) can face:
- Fines: Ranging from ₱50,000 to ₱200,000.
- Imprisonment: Ranging from 6 months to 6 years, depending on the gravity of the offense.
Note: For indigent families, the Public Attorney’s Office (PAO) provides free legal representation for cases involving the violation of PWD rights.
Summary Table: Key Philippine Laws for CP Support
| Law | Primary Focus |
|---|---|
| R.A. 7277 | The Magna Carta for Persons with Disabilities; the foundational law. |
| R.A. 10754 | Expansion of benefits; provides the VAT exemption and 20% discount. |
| B.P. 344 | The Accessibility Law; ensures physical access to buildings and transport. |
| R.A. 11223 | Universal Health Care Act; ensures PhilHealth coverage for all PWDs. |
Would you like me to draft a sample formal letter of request to a Local Government Unit (LGU) for the provision of assistive devices or educational assistance?