PWDs benefits, privileges can’t be denied due to ID issue — DOJ

The benefits and privileges of persons with disabilities (PWDs) cannot be refused by establishments due to questions at the time the identification (ID) cards are presented by the holders, said the Department of Justice (DOJ).

In a legal opinion issued by Undersecretary Raul Vasquez on behalf of Justice Secretary Jesus Crispin Remulla, dated 27 January 2025, "Denial and withholding PWD benefits and privileges solely because the authenticity of the PWD ID card cannot be verified at the time of presentation does not comply with existing laws and implementing rules and regulations, particularly the provisions of Republic Act No. 10754 or the Act Expanding the Benefits and Privileges of Persons with Disabilities and its IRR (implementing rules and regulations)."

The DOJ official said that such denial "constitutes a violation of the rights of PWDs to avail themselves of benefits and privileges."

The legal opinion of the DOJ was addressed to National Council on Disability Affairs (NCDA) Officer-In-Charge Executive Director Dandy Victa to address the concerns of stakeholders, including establishments and local government units (LGUs), concerning the issue.

He pointed out that a perusal of RA 10754 and its IRR reveals that "verification of a PWD ID card is not required before the benefits and privileges may be availed of by a PWD."

Vasquez cited that pertinent government agencies have issued guidelines which provide that "mere submission or presentation of a PWD ID card and other pertinent requirements, if applicable, would suffice in order for a PWD to avail himself/herself of the benefits and privileges."

He recounted that the issue was also discussed during an inter-agency meeting with the NCDA that was held in Quezon City on 17 January.

In the said meeting, it was found that the Department of Health (DOH) maintains a PWD Registry.

"However, the said existing PWD Registry does not yet contain the complete registry of PWDs in the country for various reasons," Vasquez also said.

He stressed that such denial, or when the verification results in "no records found" in the registry, would undoubtedly defeat the purpose of the law.