Dear PAO,

I was at the airport last week and witnessed a male passenger ridiculing a co-passenger who is a person with disability (PWD). The male passenger mocked how the PWD walked and laughed loudly with his friends. Everyone noticed, and the PWD quietly walked away, visibly ashamed. Isn’t this illegal?

Mokie

Dear Mokie,

Persons with disabilities (PWDs) are essential members of our society. The State provides full support in improving their condition and guarantees them the same rights as everyone else, allowing them to participate fully in society. According to Sections 39 and 40, Chapter I of Republic Act (RA) 9442, otherwise known as Amendment to the Magna Carta for Disabled Persons:

“SEC. 39. Public Ridicule. – For purposes of this chapter, public ridicule shall be defined as an act of making fun or contemptuous imitating or making mockery of persons with disability, whether in writing, or in words, or in action due to their impairment/s.

“SEC. 40. No individual, group or community shall execute any of these acts of ridicule against persons with disability in any time and place which could intimidate or result in loss of self-esteem of the latter.”

Clearly, our law prohibits mocking, imitating, or making fun of PWDs, either in writing, verbally, or in action, due to their impairment. No individual, group or community is allowed to do these acts against PWDs at any time or place, which may result in intimidation or loss of their confidence.

Likewise, under Paragraph 2, Section 7, Rule V, Chapter 1 of the Implementing Rules and Regulations of RA 9442, one of the acts that constitute public ridicule is: “Making fun of a person on account of his/her disability even through jokes in a manner that is degrading, resulting to the embarrassment of the person with disability in front of two or more persons.”

To answer your question, if the PWD was ridiculed by the other male passenger by mocking the actions related to his or her disability, and this resulted in intimidation or a loss of self-esteem, the latter may incur criminal liability under RA 9442 and be sued in court.

For your information, any person found guilty of violating this law may face imprisonment or a fine. Section 46, Chapter 2 thereof states:

“SEC. 46. Penal Clause. – (a) Any person who violates any provision of this Act shall suffer the following penalties: (1) For the first violation, a fine of not less than Fifty Thousand pesos (P50,000.00) but not exceeding One hundred thousand pesos (P100,000.00) or imprisonment of not less than six months but not more than two years, or both at the discretion of the court; and (2) For any subsequent violation, a fine of not less than One hundred thousand pesos (P100,000.00) but not exceeding Two hundred thousand pesos (P200,000.00) or imprisonment for not less than two years but not more than six years, or both at the discretion of the court.”

We hope that we were able to answer your queries. 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 [email protected]