20% discount not available for private school tuition, but educational aid OK for qualified PWDs

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Dear PAO,

My nephew was recently diagnosed with attention deficit hyperactivity disorder (ADHD), and he now has a person with disability (PWD) card. Can he avail himself of a 20 discount on his tuition at school? He was homeschooled by his parents, but they are considering enrolling him in a private school. I know that PWDs can avail themselves of discounts for products and services, but I'm not sure if tuition is included.

Apple05

Dear Apple05,

Section 32 of Republic Act 7277, as amended by RA 10754, otherwise known as the "Magna Carta for Persons with Disability," specifically provides that persons with disability (PWDs) are entitled to at least 20 percent discount as well as exemption from the value-added tax (VAT), if applicable, on the sale of goods and services, provided that those goods and services are for the exclusive use and enjoyment or availment of said PWDs. It states that:

"SEC. 32. Persons with disability shall be entitled to:

"(a) At least twenty percent (20) discount and exemption from the value-added tax (VAT), if applicable, on the following sale of goods and services for the exclusive use and enjoyment or availment of the PWD:

"(1) On the fees and charges relative to the utilization of all services in hotels and similar lodging establishments; restaurants and recreation centers;

"(2) On admission fees charged by theaters, cinema houses, concert halls, circuses, carnivals and other similar places of culture, leisure and amusement;

"(3) On the purchase of medicines in all drugstores;

"(4) On medical and dental services including diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and blood tests, and professional fees of attending doctors in all government facilities, subject to the guidelines to be issued by the Department of Health (DoH), in coordination with the Philippine Health Insurance Corporation (PhilHealth);

"(5) On medical and dental services including diagnostic and laboratory fees, and professional fees of attending doctors in all private hospitals and medical facilities, in accordance with the rules and regulations to be issued by the DoH, in coordination with the PhilHealth;

"(6) On fare for domestic air and sea travel;

"(7) On actual fare for land transportation travel such as, but not limited to, public utility buses or jeepneys (PUBs/PUJs), taxis, asian utility vehicles (AUVs), shuttle services and public railways, including light Rail Transit (LRT), Metro Rail Transit (MRT) and Philippine National Railways (PNR); and

"(8) On funeral and burial services for the death of the PWD: Provided, That the beneficiary or any person who shall shoulder the funeral and burial expenses of the deceased PWD shall claim the discount under this rule for the deceased PWD upon presentation of the death certificate. Such expenses shall cover the purchase of casket or urn, embalming, hospital morgue, transport of the body to intended burial site in the place of origin, but shall exclude obituary publication and the cost of the memorial lot."

Regrettably, your nephew cannot avail of a 20 discount on his tuition given that tuition of private schools is not included in the abovementioned list.

Notwithstanding, your nephew may apply for scholarship or other educational grant as qualified PWDs may avail of scholarships, grants, financial aids, subsidies, and other incentives under the law and its implementing rules, viz.:

"(b) Educational assistance to PWD, 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 of scholarships, grants, financial aids, subsidies and other incentives to qualified PWD, including support for books, learning materials, and uniform allowance to the extent feasible: Provided, That PWD shall meet the minimum admission requirements; (Section 32 (b) of R.A. No. 7277, as amended by R.A. No. 10754)

"Section 7. Educational Assistance for Persons with Disabilities – 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 and authorized technical vocational institutions through the provision of scholarships, grants, financial aid, subsidies and other incentives to qualified persons with disability, including support for books, learning materials and uniform allowance to the extent feasible: Provided, that persons with disability shall meet minimum admission requirements set by the Department of Education, Commission on Higher Education and Technical Education and Skills Development Authority and the Unified Student Financial Assistance System for Tertiary Education (UniFAST) Board for persons with disability who wish to pursue tertiary education by means of scholarships, grants-in-aid and student loans." (Section 7, Rule IV, Implementing Rules and Regulations of RA10754)

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor's note: Dear PAO is a daily column of the Public Attorney's Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net