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The Father of Special EducationPosted on July 11, 2010

Jean Marc Gaspard Itard (April 24, 1774 – July 5, 1838) was a French physician ,regarded as being the founder of oto-rhyno-laryngology, also known as Otolaryngology. Heis also credited with describing the first case of Tourette’s syndrome and inventing theEustachian catheter (also known the “Itard’s catheter”). Itard is noted for his work withdeaf-mutes, and was one of the first to attempt the education of mentally retarded childrenin a systematic fashion. He is especially famous for his work with Victor, the “Wild boy ofAveyron,” a feral child. Itard developed a special program, the first attempt at specialeducation, to try to teach him language and empathy, which he considered the key attributesthat separated human beings from animals. Although his work with Victor was not entirely successful, it wasuseful in advancing our knowledge of the importance of early exposure to language as a form of communication inthe development of spoken linguistic skills. While language itself, nor even emotion and empathy, may not bewhat separates us from animals, Itard’s work also contributed to that debate and to the conviction that there areessentially human qualities that are possessed even by those raised without contact with other human beingsduring their childhood.

Jean Marc Gaspard Itard went to Paris in 1796 to study medicine. After becoming an accomplished surgeon, Itardworked at the Paris insane asylum. He was interested in the study of training deaf-mutes, and took an interest inVictor, a boy at the asylum. Victor had been found in the woods around Saint-Sernin in southern France, an

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apparent “Wild Boy” with virtually no exposure to civilized society.

The Society of Observers of Man claimed the boy for observations. Phillipe Pinel, one of the five observers,delivered his report, saying that Victor was an incurable idiot with no chance for improvement or education. Itarddisagreed with Pinel and went against the recommendations, keeping Victor in the asylum and personally traininghim.

Though never making the progress he had hoped, Itard’s techniques and willingness to stand up for the cause of“Victor the Wild Boy” were very influential to the training and education programs of the time.

In 1825 Itard described the case of Madame de Dampierre who had a habit of shouting out obscene words duringconversation. Sixty years later this case was cited as an example of what would become known as Tourette’ssyndrome.

Victor of Aveyron

Victor of Aveyron (also known as the “Wild Boy of Aveyron”) was a boy who hadapparently lived his entire childhood alone in the woods before being foundwandering near Saint Sernin sur Rance, (near Toulouse) France in 1797. He wascaptured, but soon escaped. He was then captured again and kept in the care of alocal woman for about a week before he escaped once more.

However, on January 8, 1800, he emerged from the forests on his own, perhaps habituated to human kindnessafter his second experience. His age was unknown but citizens of the village estimated that he was about twelveyears old. His lack of speech, as well as his food preferences and the numerous scars on his body, indicated that hehad been in the wild for the majority of his life. This remarkable situation came about at the end of the

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Enlightenment, when many were debating what exactly distinguished the human being from the animal. One ofthe prevailing opinions involved the ability to learn language; it was hoped that by studying the wild boy, theywould learn the answer.

Despite the fact that he could hear, Victor was taken to the National Institute of the Deaf for the purpose of study.There, Itard took on the remarkable case as his own. Itard believed that two things separated humans fromanimals: empathy and language. He wanted to be the first person to fully civilize a wild child and attempted,primarily, to teach Victor to speak and show human emotion. He designed an educational plan for Victor:

1. To interest him in social life

2. To improve his awareness of external stimuli

3. To extend the range of his ideas

4. To teach him to speak

5. To teach him to communicate by using symbol systems

This program can be regarded as the first Individual Educational Plan (IEP) in special education.

Though initially successful—Victor showed significant progress, at least, in understanding language and readingsimple words—he eventually slowed down to the point that Itard abandoned the experiment. The only words thatVictor ever actually learned to speak were lait (milk) and Oh Dieu (oh God). Modern scholars now believe, partlyby studying such feral children, that language acquisition must take place in a critical period of early childhood ifit is to be successful.

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Though Itard failed at teaching Victor language, he had a breakthrough in the realm of the emotions. Victor livedwith Itard and his housekeeper Madame Garhar. One night while setting the table, Victor noticed Madame Gerharcrying over the loss of her husband. He stopped what he was doing and consoled her, thus showing empathy. Itardtook this as a major breakthrough in the case, proving that the wild child was capable of human emotions. Itardconcluded:

If we consider human intelligence at the period of earliest childhood man does not yet appear to rise above thelevel of the other animals. All his intellectual faculties are strictly confined to the narrow circle of his physicalneeds. It is upon himself alone that the operations of his mind are exercised. Education must then seize them andapply them to his instruction, that is to say to a new order of things which has no connection with his first needs.Such is the source of all knowledge, all mental progress, and the creations of the most sublime genius. Whateverdegree of probability there may be in this idea, I only repeat it here as the point of departure on the path towardsrealization of this last aim (Itard 1801).

LEGACY

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Itard’s medical research on the ear and the diseases of the ear made him one of the founders of otolaryngology.Related to this was his work on the education of deaf mutes, for the continuation of which he bequeathed a sizableamount of money.

Even though Itard’s work with Victor, the feral child, had limited success, he proved that children with mentaldisabilities could make some degree of improvement. Itard is thus regarded as the founder of special education. Astudent of Itard’s, Edouard Seguin, immigrated to the United States in 1848, and became known as the teacher of“idiotic” children. Seguin’s student was Maria Montessori, who became one of the greatest educators of thetwentieth century.

http://www.museumofdisability.org/original_pantheon_itard.asp

http://www.newworldencyclopedia.org/entry/Jean_Marc_Gaspard_Itard

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IRR of R.A. 9442 Magna Carta for Persons with Disability as Amended, and For Other Purposes says:July 22, 2010 at 1:21 pm

IRR OF REPUBLIC ACT NO. 9442,

An Act Amending Republic Act No. 7277, Otherwise known as the“Magna Carta for Persons with Disability as Amended, and For Other Purposes”Granting Additional Privileges and Incentives and Prohibitions on Verbal,Non-Verbal Ridicule and Vilification Against Persons with Disability

RULE ITITLE, PURPOSE AND CONSTRUCTION

Section 1. Title – These Rules shall be known and cited as the Rules and Regulations Implementing Republic Act No. 9442,an Act Amending Republic Act No. 7277, Otherwise known as the “Magna Carta for Disabled Persons, and For OtherPurposes” Granting Additional Privileges and Incentives and Prohibitions on Verbal, Non-verbal Ridicule and VilificationAgainst Persons with Disability.

Section 2. Purpose – These Rules are promulgated to prescribe the procedures and guidelines for the implementation ofRepublic Act No. 9442 in order to facilitate compliance therewith and to achieve the objectives thereof.

Section 3. Construction – These Rules shall be construed and applied in accordance with and in furtherance of the policiesand objectives of the law. In case of doubt, the same shall be construed liberally and in favor of persons with disability.

RULE II

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POLICIES AND OBJECTIVES

Section 4. Policies and Objectives – It is the objective of Republic Act No. 9442 to provide persons with disability, theopportunity to participate fully into the mainstream of society by granting them at least twenty percent (20%) discount in allbasic services. It is a declared policy of RA 7277 that persons with disability are part of Philippine society, and thus the Stateshall give full support to the improvement of their total well being and their integration into the mainstream of society. Theyhave the same rights as other people to take their proper place in society. They should be able to live freely and asindependently as possible. This must be the concern of everyone – the family, community and all government and non-government organizations. Rights of persons with disability must never be perceived as welfare services. Prohibitions onverbal, non-verbal ridicule and vilification against persons with disability shall always be observed at all times.

RULE IIIDEFINITION OF TERMS

Section 5. Definition of Terms. – For purposes of these Rules and Regulations, these terms are defined as follows:

5.1. Persons with Disability – are those individuals defined under Section 4 of RA 7277 “An Act Providing for theRehabilitation, Self-Development and Self-Reliance of Persons with Disability as amended and their integration into theMainstream of Society and for Other Purposes”. This is defined as a person suffering from restriction or different abilities, asa result of a mental, physical or sensory impairment, to perform an activity in a manner or within the range considerednormal for human being. Disability shall mean (1) a physical or mental impairment that substantially limits one or morepsychological, physiological or anatomical function of an individual or activities of such individual; (2) a record of such animpairment; or (3) being regarded as having such an impairment.

5.2. Exclusive Use or Enjoyment of Persons with Disability – refers to the discount privilege that can be availed only bypersons with disability.

5.3 Establishment – refers to business entities, private or public, duly authorized and recognized by law to operate.

5.3.1 Hotel – refers to the building, edifice or premises or a completely independent part thereof, which is used for the

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regular reception, accommodation or lodging of travelers and tourists and the provision of services incidental thereto for afee.

5.4 Lodging Establishment – refers to those that charge daily, weekly, monthly rates or fees which include but not limited tothe following:

5.4.1 Tourist Inn – refers to lodging establishment catering to transients, which does not meet the minimum requirement ofan economy hotel.

5.4.2 Apartel – refers to building or edifice containing several independent and furnished or semi-furnished apartments,regularly leased to tourists and travelers for dwelling on a more or less long-term basis and offering basic services to itstenants, similar to hotels.

5.4.3 Motorist Hotel – refers to any structure with several separate units, primarily located along the highway, withindividual or common parking space, at which motorists may obtain lodging and in some instances, meals.

5.4.4 Pension House – refers to a private, or family-operated tourist boarding house, tourist guest house or tourist lodginghouse, regularly catering to tourist, and/or traveler, containing several independent table rooms, providing common facilitiessuch as toilets, bathrooms/showers, living and dining rooms and/or kitchen and where a combination of board and lodgingmay be provided.

The term lodging establishment shall include lodging houses, which shall mean such establishments are regularly engaged inthe hotel business, but which, nevertheless, are not registered, classified and licensed as hotels by reason of inadequateessential facilities and services. It also includes resort, which shall refer to any place or places with pleasant environment andatmosphere conducive to comfort, healthful relaxation and rest, offering food, sleeping accommodation and recreationalfacilities to the public for a fee or remuneration.

5.4.5 Restaurant – refers to any establishment duly licensed by the government selling to the public, regular and specialmeals or menu. The discount shall be for the purchase of food drinks, beverages, dessert and other consumable items servedby the establishments including value meals and other similar food counters, fast food, cooked food and short orders

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including take-outs.

5.5 Sports and Recreational Centers – refers to any establishment offering sports recreational and amusement services withfacilities such as but not limited to swimming pools, bowling alleys, golf courses, gyms, club houses, skating rinks and allother sports facilities. Recreational facilities include but not limited to Internet café, video games, and other similaramusement facilities.

5.6 Medicines – refers to both prescription and non-prescription medicines and articles approved by Bureau of Food andDrugs (BFAD), Department of Health (DOH), which are intended for use in the diagnosis, cure, mitigation, treatment orprevention of disease in man.

5.7 Medical Services – refers to health services as defined by Section 20 of Republic Act 7277, Otherwise known as the MagnaCarta for Persons with Disability as amended, and for Other Purposes, which includes but not limited to the following:

5.7.1 prevention of disability through immunization, nutrition, environmental protection and preservation, and geneticcounseling, and early detection of disability and timely intervention to arrest disabling condition; and

5.7.2 medical treatment and rehabilitation to include mobility assistive devices.

5.8 Dental Services – refers to oral examination, cleaning, permanent and temporary filling, extractions and gum treatments,restoration, replacement or repositioning of teeth, or alteration of the alveolar or periodontium process of the maxilla and themandible that are necessary for the diagnosis and/or treatment of a dental illness or injury.

5.9 Residential Care/Group Home – refers to a facility, which provides twenty-four (24) hour resident group care for thephysical, mental, social and spiritual well-being of persons with disability in a home life atmosphere; which is accredited bythe Department of Social Welfare and Development (DSWD) and licensed by the concerned local government unit where thesaid residential care/group home is located.

5.10 Residential Community or Retirement Village – refers to the type of housing facility which is generally horizontal inphysical development and the unit covered by individual land title. The sub-types are the different options of house and lot

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packages which may include single detached, single attached, duplex or row house. The housing options are generally one upto three level structures and may be purely residential-farm estate or a residential component of a resort or leisure complex.The units may be for lease or for sale to retirees.

5.11 Basic Necessities – refers to rice, corn, bread, fresh, dried and canned fish and other marine products, fresh pork, beefand poultry meat, fresh eggs, fresh and processed milk, fresh vegetables, root crops, coffee, sugar, cooking oil, salt, laundrysoap, detergents, firewood, charcoal, candles and other commodities as maybe classified by the Department of Trade andIndustry (DTI) and the Department of Agriculture (DA).

5.12 Prime Commodities – refers to fresh fruits, flour, dried, processed and canned pork, beef and poultry, meat, dairyproducts not falling under basic necessities; noodles, onions, garlic, herbicides, poultry, swine and cattle feeds, veterinaryproducts for poultry, swine and cattle feeds, veterinary products for poultry, swine and cattle, paper, school supplies, nipashingle, plyboard, construction nails, batteries, electrical supplies, lightbulbs, steel wire and other commodities that may beclassified by the Department of Trade and Industry (DT) and the Department of Agriculture (DA).

5.13 Benefactor – refers to any person whether related to the person with disability or not who takes care of him/her as adependent.

5.14 Dependent – refers to a person with disability, minor or of legal age, who is a Filipino citizen and who may or may not berelated to his benefactor and who is living with and dependent upon such benefactor for his/her chief support.

RULE IVPRIVILEGES AND INCENTIVES FOR THE PERSONS WITH DISABILITY

Section 6. Other Privileges and Incentives

Persons with disability shall be entitled to the following:

6.1 Discounts from All Establishments – At least twenty percent (20%) discount from all establishments relative to theutilization of all services in hotels and similar lodging establishments, restaurants and recreation centers for the exclusive use

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or enjoyment of persons with disability.

6.1.a Hotels and Similar Lodging Establishments – The discount shall be for room accommodation and other amenitiesoffered by the establishment such as but not limited to massage parlor, sauna bath, food, drinks and other services offered.

The discount will only apply to persons with disability. No discount will be given to companion without disability.

6.1.b Restaurant – The discount shall be for the purchase of food drinks, beverages, dessert and other consumable itemsserved by the establishments including value meals and other similar food counters, fast food, cooked food and short ordersincluding take-outs. To safeguard the establishments from abuse of this privilege, the orders should be limited only topersons with disability personal consumption.

For a group of people with a person with disability, only the proportionate share of person with disability will be givendiscount. In case of banquet and catering services especially in seminars and other similar activities the discount will applyonly to customers with disability.

6.1.c Sports and Recreational Centers – The discount shall apply to all charges in the utilization of the services includingrentals of all facilities and equipments and other accessories and gadgets relative to the enjoyment of the sports andrecreational services. The discount shall also include rooms or halls for PWDs’ seminars, art workshops and other personswith disability activities.

6.1.d Purchase of Medicine – at least twenty percent (20%) discount on the purchase of medicine for the exclusive use andenjoyment of persons with disability. All drug stores, hospital, pharmacies, clinics and other similar establishments sellingmedicines are required to provide at least twenty percent (20%) discount subject to the guidelines issued by DOH andPHILHEALTH.

6.2 Admission Fees Privilege. – A minimum of at lease twenty percent (20%) discount on admission fees charged by theaters,cinema houses and concert halls, circuses, carnivals, and other similar places of culture, leisure and amusement such as butnot limited to museum, exhibit halls, fairs, parks like theme parks and shall be granted for the exclusive use or enjoyment ofpersons with disability.

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6.3 Medical and Dental Privileges in Government Facilities – The person with disability shall be provided at least twentypercent (20%) discounts 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 byDOH in coordination with the Philippine Health Insurance Corporation (PHILHEALTH).

6.4 Medical and Dental Privileges in Private Facilities – The person with disability shall be provided at least twenty percent(20%) discounts on medical and dental services including diagnostic and laboratory fees such as, but not limited to, x-rays,computerized tomography scans and blood tests including professional fees of attending doctors in all private hospitals andmedical facilities subject to guidelines to be issued by DOH in coordination with the Philippine Health Insurance Corporation(PHILHEALTH).

6.5 Air and Sea Transportation Privileges – At least twenty percent (20%) discounts in fare for domestic air, and sea travelbased on the actual fare except promotional fare. If the promotional fare discount is higher than the twenty percent (20%)discounts privilege, the persons with disability may choose the promotional fare and should no longer be entitled to thetwenty percent (20%) discounts privilege.

6.5.1 The Maritime Industry Authority (MARINA) shall issue corresponding circulars or directives to the shipping industryfor the implementation of these rules to ensure compliance herewith, as well as requirements to ship operators/owners todisseminate information on the benefits of the persons with disability by posters, handbills or pamphlets on board vessels.

6.5.2 The Civil Aeronautics Board (CAB) shall issue corresponding guidelines, circulars or directives related to air transportservices and shall disseminate such information as mentioned above.

6.6 Land Transportation Privileges – At least twenty percent (20%) discounts in bus fares such as ordinary, aircon fares andon public railways such as LRT, MRT, PNR, and such other similar infrastructure that will be constructed, established andoperated by public or private entity. Toll fees of skyways and expressways are likewise subject to at least twenty percent(20%) discounts, however, this privilege can be availed only by a person with disability owning the vehicle.

The Department of Transportation and Communications (DOTC), Light Rail Transit Authority (LRTA), Philippine NationalRailways (PNR), Toll Regulatory Board (TRB) and Land Transportation Franchising and Regulatory Board (LTFRB) shall

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issue corresponding circulars or directives to the public land transport sector for the implementation of these rules to ensurecompliance herewith, as well as requirements to these operators to disseminate information on the benefits of the personswith disability by posters, handbills or pamphlets on board their vehicles.

6.7 Educational Privileges. – Educational assistance to persons with disability, for them to pursue primary, secondary,tertiary, post tertiary, as well as vocational or technical education in both public and private schools through the provision ofscholarships, grants, financial aids, subsidies and other incentives to qualified persons with disability, including support forbooks, learning materials, and uniform allowance, to the extent feasible: Provided, that persons with disability shall meet theminimum admission requirements set by the Department of Education (DEPED), Commission on Higher EducationDepartment (CHED), Technical Education and Skills Development Authority (TESDA) and other entities engaged in thegrant of scholarship and financial assistance for the education of persons with disability. For the purposes of this rule,primary education shall include nursery and kindergarten whether in private or public school. The source of funding inaddition to the Private Education Student Financial Assistance (PESFA) fund scholarship for the implementation of theabove shall be the one percent (1%) allocation for persons with disability in DEPED, CHED, TESDA and other training andeducational government agencies as required by General Appropriation Act, subject to the guidelines issued by the DEPED,CHED and TESDA.

>6.8 Benefits and Privileges for Retirees with Disability

6.8.1 To the extent practicable and feasible, the persons with disability shall be granted for the continuance of the samebenefits and privileges given by the Government Service Insurance System (GSIS), Social Security System (SSS) and PAG-IBIG, as the case may be or, as enjoyed by those in actual service.

6.8.2 Retirement benefits of retirees from both the government and the private sector shall be regularly reviewed to ensuretheir continuing responsiveness and sustainability, and to the extent practicable and feasible, shall be upgraded to be at parwith the current scale enjoyed by those in active service;

6.9 Privileges on Granting Special Discounts in Special Programs –To the extent possible, the government may grant specialdiscounts in special programs for persons with disability on purchase of basic necessities and prime commodities insupermarkets and grocery stores. The Department of Trade and Industry (DTI) and the Department of Agriculture (DA) shall

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issue necessary guidelines for the implementation of this scheme.

6.10 Express Lanes Privileges – Express lanes for persons with disability shall be provided in all private, commercial andgovernment establishments; in the absence thereof, priority shall be given to them in all the transactions of theestablishments . LGUs shall ensure that this provision is implemented within their area of jurisdiction.

There should be an assigned person in all government agencies/offices and private establishments and to provide a section ordesk manned by trained personnel to assist persons with disability. The personnel assigned shall be part of the existingmanpower in all other government agencies/offices and private establishment as the case maybe or whenever possible.

6.11 The abovementioned privileges are available only to persons with disability who are Filipino citizens upon submission ofany of the following as proof of his/her entitlement thereto subject to the guidelines issued by the NCWDP in coordinationwith DSWD, DOH and DILG.

6.11.1 An identification card issued by the city or municipal mayor or the barangay captains of the place where the personswith disability resides;

6.11.2 The passport of the persons with disability concerned; or

6.11.3 Transportation discount fare Identification Card (ID) issued by the National Council for the Welfare of DisabledPersons (NCWDP). However, upon effectivity of this Implementing Rules and Regulations, NCWDP will already adopt theIdentification card issued by the Local Government Unit for purposes of uniformity in the implementation. NCWDP willprovide the design and specification of the identification card that will be issued by the Local Government Units.

6.12 Tax Incentives for Benefactors. – Those caring for and living with a person with disability shall be granted incentives inaccordance with the provisions of the National Internal Revenue Code, as amended. For purposes of granting the incentives,persons with disability shall be treated as dependents under Section 35(A) of the National Internal Revenue Code, asamended, and as such, individual taxpayers providing care for them shall be accorded the privileges granted by the Codeinsofar as having dependents under the same section are concerned.

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6.12.1 Availment of the “head of family status” by benefactors of persons with disability. A benefactor of a person withdisability whose civil status is single shall be considered as head of family and shall be allowed to avail himself/herself of thatstatus. As such, he shall be entitled only to one basic personal exemption equivalent to Twenty-five thousand pesos(P25,000), or as allowed thereafter under the National Internal Revenue Code.

6.12.2 Married individuals with child/children with disability. – A married individual is entitled to a basic personalexemption equivalent to Thirty-two thousand pesos (P32,000) under Section 35(B) of the National Internal Revenue Code,as amended. If the married individual has a child or has children with disability, who is/are dependent on him/her forsupport, he/she shall be entitled to an additional exemption of Eight thousand pesos (P8,000) per qualified dependent (notexceeding four). A married individual is not entitled to the above additional exemption if he/she takes care of a person withdisability who is not his/her child, unless he/she legally adopts the same.

6.12.3 Solo parents (under R.A. No. 8972 – Solo Parent Act) with child/children with disability. – A single or legallyseparated individual who has a child, legitimate, illegitimate or legally adopted, is entitled to a basic personal exemptiongranted to a head of family. He/She is entitled also to an additional exemption of Eight thousand pesos per qualifieddependent (not exceeding four). A solo parent is not entitled to the above 6.12.1 additional exemption if he/she takes care of aperson with disability who is not his/her child, unless he/she legally adopts the same.

6.12.4 Grandparents with grandchild/grandchildren with disability. – A grandparent who is not legally separated or awidow/widower or a solo parent is entitled to a basic personal exemption of Thirty-two thousand pesos (P32,000) [thepersonal exemption granted to a married individual]. A grandparent who is legally separated or a widow/widower may stillclaim the same basic personal exemption as if he/she was separated or as if his/her spouse died at the close of the taxableyear, as the case may be. If the grandparent, caring for a grandchild with disability, is legally separated or a solo parent,he/she is entitled only to the status of a head of a family and, as such, he/she shall be entitled only to the basic personalexemption equivalent to Twenty-five thousand pesos (P25,000). A grandparent, caring for a grandchild with disability,cannot avail for himself/herself the additional exemption enjoyed by a married individual or by a solo parent with regard tohis/her dependent/s.

A benefactor shall comply with all the requirements that shall hereinafter be issued by the Secretary of Finance, uponrecommendation of the Commissioner of Internal Revenue, before he/she can avail of the incentives as provided for under

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the Act.

6.13 Individuals or nongovernmental institutions establishing homes, residential communities or retirement villages solely tosuit the needs and requirements of persons with disability shall be accorded the following:(i) Realty tax holiday for the first five years of operation; and(ii) Priority in the building and/or maintenance of provincial or municipal roads leading to the aforesaid home, residentialcommunity or retirement village. The city and municipal government concerned where the homes, residential communitiesor retirement villages is located shall issue the implementing guidelines for the availment of this incentives.

6.14 Availment of Tax Deductions by Establishment Granting Twenty Percent 20% Discount – The establishments may claimthe discounts granted in sub-sections (6.1), (6.2), (6.4), (6.5) and (6.6) as tax deductions based on the net cost of the goodssold or services rendered: Provided, however, that the cost of the discount shall be allowed as deduction from gross incomefor the same taxable year that the discount is granted: Provided, further, That the total amount of the claimed tax deductionnet of value-added tax if applicable, shall be included in their gross sales receipts for tax purposes and shall be subject toproper documentation and to the provisions of the National Internal Revenue Code, as amended.

6.15 Prohibitions on Availment of Double Discounts –The privileges mentioned in the foregoing shall not be claimed if thepersons with disability claims a higher discount as may be granted by the commercial establishment and/or under otherexisting laws or in combination with other discount program/s.

RULE VPROHIBITIONS ON VERBAL, NON-VERBAL RIDICULE AND VILIFICATION AGAINST PERSONS WITH DISABILITY

Section 7. Chapter 1. Deliverance from Public Ridicule – For purposes of this Chapter, public ridicule shall be defined as anact of making fun or contemptuous imitating or making mockery of persons with disability whether in writing, or in words, orin action due to their impairment/s. The following constitutes acts of public ridicule:

Making fun of a person on account of his/her disability even through jokes in a manner that is degrading resulting to theembarrassment of the person with disability in front of two or more persons;

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Making mockery of a person with disability whether in oral or in writing;

Imitating a person with disability in public gatherings, stage shows, carnivals, television shows, broadcast media and otherforms of entertainments that are offensive to the rights and dignity of persons with disability or any other similar acts;

No individual, group or community shall execute any of these acts of ridicule against persons with disability in any time andplace which could intimidate or result in loss of self-esteem of the latter.

Section 8. Chapter 2. Deliverance from Vilification – For purposes of this Chapter, vilification shall be defined as:

The utterance of slanderous and abusive statements against a person with disability such as but not limited to: (1) calling aperson by his disability in public which results to humiliation; (2) using the disability of a person as an example in a mannerthat is embarrassing and humiliating to the dignity of persons with disability.

An activity in public which incites hatred towards, serious contempt for, or severe ridicule of persons with disability.

Any individual, group or community is hereby prohibited from vilifying any person with disability which could result intoloss of self-esteem of the latter.

RULE VIENFORCEMENT AND PENALTY

Section 9. Penalties – Any person who violates any provision of this Act shall suffer the following penalties:

For the first violation, a fine of not less than Fifty thousand pesos (P50,000.00) but not exceeding One hundred thousandpesos (P100,000.00) or imprisonment of not less than six months but not more than two years, or both at the discretion ofthe court; and

For any subsequent violation, a fine of not less than One hundred thousand pesos (P100,000.00) but not exceeding Twohundred thousand pesos (P200,000.00) or imprisonment for not less than two years but not more than six years, or both at

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the discretion of the court.

Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than six months or afine of not less than Five thousand pesos (P5,000.00), but not more than Fifty thousand pesos (P50,000.00), or both, at thediscretion of the court.

If the violator is a corporation, organization or any similar entity, the officials thereof directly involved shall be liabletherefore.

If the violator is an alien or a foreigner, he shall be deported immediately after service of sentence without furtherdeportation proceedings.

Upon filing of an appropriate complaint, and after due notice and hearing, the proper authorities may also cause thecancellation or revocation of the business permit, permit to operate, franchise and other similar privileges granted to anybusiness entity that fails to abide by the provisions of this Act.

Section 10. Effectivity. These Implementing Rules and Regulations shall take effect fifteen (15) days after publication in two(2) newspapers of general circulation and filed with the Administrative Registrar, University of the Philippines Law Center asrequired under the Administrative Code of 1987.

Sgd. ESPERANZA I. CABRAL, MDSecretaryDepartment of Social Welfare and Development

Sgd.JESLI A. LAPUSSecreataryDepartment of Education

Sgd.MARGARITO B. TEVESSecretary

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Shapingpro Child Therapy & Integrated School

Department of Finance/Bureau of Internal Revenue

Sgd.JOSEPH H. DURANOSecretaryDepartment of Tourism

Sgd.RONALDO V. PUNOSecretaryDepartment of Interior and Local Government

Sgd.ARTHUR C. YAPSecretaryDepartment of Agriculture

Sgd.LEANDRO R. MENDOZASecretaryDepartment of Transportation and Communications

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