Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH CONGRESS
First Regular Session

3900
HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

EXPLANATORY NOTE

Article XIII, Section I of the 1987 Philippine Constitution provides that:

‘the Congress shall give highest priority to the enactment of measures that protect and enhance
the right of all the people to human dignity, reduce social, economic, and political inequalities,
and remove cultural inequities by equitably diffusing wealth and political power for the
common good.”

This bill seeks to establish the National Commission for Disability Affairs (NCDA) to replace
the National Council for Disability Affairs. As a Commission, it shall be able to further
strengthen its role as the primary agency responsible for the implementation of policies
aimed at fulfilling the rights of the Persons with Disability sector.

The Commission will be mandated to uphold the rights and welfare of the Persons with
Disabilities sector through its larger and stronger capacity to monitor the implementation of
programs and policies on disability, identify the needs of the sector, and recommend policy
measures to address such needs.

In view of the foregoing reasons, the immediate approval of this bill is earnestly sought.

‘ALFRED VARGAS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH CONGRESS
First Regular Session

= 3900
HOUSE BILLNO,

NTRODUCED BY REPRESENTATIVE ALFRED VARGAS

AN ACT
CREATING THE NATIONAL COMMISSION ON DISABILITY AFFAIRS, DEFINING ITS
POWERS, FUNCTIONS AND RESPONSIBILITIES AND APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

Section 1. Short Title. —This Act shall be known as the “National Commission on
Disability Affairs Act of 2019”.

Sec. 2. Declaration of Policy. - The State guarantees full respect for the rights of every
human being, regardless of his/her status in life. Likewise, the State recognizes that persons
with disabilities (PWDs) are entitled to the same rights as persons without disabilities. It is
also the policy of the State to give highest priority to the enactment of measures that will
protect, support, and promote the rights of persons with disabilities.

Sec. 3. Creation of the National Commission on Disability Affairs. —There is hereby
created the National Commission on Disability Affairs, hereinafter referred to as the
Commission. The Commission shall be independent, autonomous and shall have the same
‘status as that of a national government agency attached to the Office of the President.

Sec. 4. Mandate. —The Commission is the central national government agency that attends
to the needs of persons with disabilities, providing them the necessary services, supervision,
regulation and guidance in the pursuit of their welfare and wellbeing. Likewise, the
Commission is the lead policy-making, planning, monitoring, and coordinating body that
develops, formulates and implements programs for the prevention of the causes of disability
and rehabilitation and equalizing of opportunities in the concept of rights-based society for
persons with disabilities.


Sec. 5. Powers and Functions. - The Commission shall exercise the following powers and
functions to carry out its mandate:

h.

Ensure that the status, rights, welfare, and interests of persons with disabilities are
upheld, in accordance with the Constitution;

Formulate policies and propose legislations concerning the rights and well- being of
persons with disabilities, and lead in the implementation of programs and services
concerning the same;

Conduct consultative meetings and symposia with all stakeholders, and undertake
program evaluation and monitoring to ensure that comprehensive, relevant and
timely programs and services are adequate domestic laws and international
commitments benefitting persons with disabilities;

Conduct relevant researches and studies for policy formulation to promote and
enhance, at all levels, the rights of persons with disabilities;

Establish, develop, and maintain a data bank on disability through a National Registry
of PWDs which shall be obtained through the National Registration Program for
PWDs, on a provincial, city, and municipal -wide level, in partnership with concerned
government agencies and non- governmental organizations and strengthen referral
services to ensure availability of data and stakeholders and services to persons with
disabilities including provision of assistive devices; and accessible to persons with
disabilities;

Identify and address gaps in the implementation and enforcement of Establish and
maintain linkages and networking with local and international organizations,
including organizations of and for persons with disabilities to generate resources,
maximize utilization of existing resources and achieve a level of convergence most
beneficial to persons with disabilities;

Assist in the establishment of self-help organizations and the setting up of specific
projects through the provision of technical and financial assistance to draw out the
active participation of persons with disabilities in the social and economic
development of the country;

Create, organize, restructure, and otherwise manage such offices of the Commission;
Provide guidance to Persons with Disability Affairs Offices (PDAO) of local
government units for the expeditious and effective fulfillment of its mandate and for
specific thematic and functional matters;
implementation of policies; and

Submit annual reports to both Houses of Congress on the processes and exercise such
powers or perform such other functions as may be delegated or assigned by the President.

Sec. 6. The Composition. - The Commission shall be composed of the following members:

(a) A Chairperson;
(b) Seven (7) Commissioners each representing a specific disability, to wit:

1. Learning and Intellectual Disabilities;


2. Development Disabilities;
3. Hearing Impairment;
4. Visual Impairment;

5. Physical and Mobility Impairments;
6. Emotional /Behavioral Disorders; and

7. Multi-handicaps.

The seven (7) Commissioners shall be appointed by the President from among the list
submitted by each disability sector they represent. The Chairperson shall also be appointed
by the President from at least three (3) nominees submitted by all disability sectors. They
shall serve for a term of six (6) years, without reappointment. The Chairperson shall have
the rank and privileges of a department undersecretary, and the appointive commissioners
shall have the rank and privileges of assistant secretaries of a department.

Sec. 7. Duties and Responsibilities of the Chairperson. - The Chairperson shall have the
following duties and responsibilities:

(a) Direct and supervise the affairs of the Commission in accordance with its policies,
programs, rules and regulations;

{b) Provide leadership direction and overall administration and management of the
Commission;

{c) Call and preside over the meetings of the Commission;

{d) Monitor the implementation of policies approved by the Commission;

(e) Sign communications for the Commission and represent the Commission, whenever
necessary;

(A) Solicit and accept, on behalf of the Commission, gifts, grants, or donations in accordance
with government rules, regulations and policies;

(g) Execute contracts in the pursuit of the Commission's objectives as may be authorized by
the Commission, in accordance with government rules and regulations; and

(h) Organize permanent or ad-hoc committees, consisting of members of the Commission or
such other experts as are deemed necessary for the fill execution of the functions and
objectives of the Commission.

Sec. 8 . Executive Director. - The Chairperson shall be assisted by the Executive Director,
who shall be appointed by the President upon the recommendation of the Chairperson. The
Executive Director shall serve for a term of six (6) years, without reappointment, and shall
have the rank and privileges of an assistant secretary of a department. He/she shall be
responsible for managing the day-to-day affairs, activities and operations of the Commission,
in accordance with the policies, standards, rules and regulations adopted and promulgated
by the Commission. Likewise, the Executive Director shall have the following duties and
responsibilities:

(a) Advise and assist the Chairperson in the formulation and implementation of the objectives,
policies, plans and programs of the Commission;


(b) Implement policies, plans and programs approved by the Commission;

(c) Exercise direct supervision, control, and disciplinary authority over all the organizational
units placed under his/her jurisdiction, pursuant to existing civil service rules;

(d) Prepare and submit to the Commission the annual report of operations of the Commission
and such other reports as may be required by the Commission; and

(e) Perform such other functions as may be provided by the Commission En Banc.

Sec. 9. Deputy Executive Directors. - The Executive Director shall have three (3) deputies:
a Deputy Executive Director for Finance and Administration, a Deputy Executive Director for
Policy and Programs, and a Deputy Executive Director for Information and Research. The
Deputy Executive Directors shall be appointed by the President upon the recommendation
of the Chairperson; Provided, thatat least one (1) Deputy Executive Director shall be a career
officer.

Sec. 10. Qualifications. - No person shall be appointed Chairperson, Executive Director, or
Deputy Executive Director of the Commission unless he or she is a citizen and resident of
the Philippines, of good moral character, of known probity, of proven integrity, and with at
least seven (7) years of understanding, expertise, competence and experience in delivering
services to persons with disabilities.

Sec. 11. Divisions. - To achieve the mandates stated above, the Commission shall have the
following Divisions:

(a) Finance and Administrative Division - This Division shall be responsible for providing
efficient and effective services relating to personnel, information, records, supplies,
equipment, collection, disbursement, security and other matters.

(b) Policy Formulation and Research Division - The Policy Formulation and Research
Division shall be responsible for the formulation of policy recommendations based on
surveys, researches and studies relating to disability-related issues and concerns. In line
with this, the Division shall undertake a continuing research, study and statistics updating
on persons with disabilities issues, with the purposes of recommending reliable policy
reforms, development programs, administrative and legislative measures that will address
the economic, social and cultural rights of persons with disabilities and further enhance their
quality of life. This Division shall be the repository of all processed data concerning disability
topics and shall maintain a National Registry for PWDs.

(c) Program and Project Division - The Programs and Project Division shall plan, conduct and
evaluate national programs on the prevention of the causes of disabilities and rehabilitation
and equalization of opportunities.


The Division shall provide technical assistance through trainings and other related activities
concerning disability. It shall likewise develop strategic framework, guidelines and
standards on program/project development, management, monitoring and evaluation.

The Division may create sectoral and Industry Task Forces, technical working groups,
advisory bodies or committees for the furtherance of its objectives. Additional private sector
representatives, such as from the academe, civil society organizations, federation of private
industries directly involved in persons with disabilities as well as representatives from LGUs
and government-owned and controlled corporations (GOCCs) may be appointed by these
working groups. Government disability affairs professionals may also be tapped to partake
in the work of the Commission. id)Public Information Division — The Public Information
Division shall develop and maintain a public information system, and such facilities that
would educate and orient the public regarding the Commission's policies and advocacies. It
shall advocate, communicate and disseminate national and regional plans, policies, thrusts
and priorities of the Commission. This Division shall coordinate closely with the Policy
Formulation and Research

Division in maintaining a National Registry of PWDs.

Sec. 12. Establishment of Regional Offices. - There shall be Regional Offices for the NCDA.
Each Regional Office shall be headed by a Regional Manager who shall supervise the official
activities of all provinces, cities and municipalities under the jurisdiction of the concerned
Regional Office. He/she shall be the primary coordinating and overseeing authority over the
Persons with Disability Affairs Office (PDAO) duly established by local government units
(LGUs).

A Regional Office for PWDs shall have, within its administrative region, the following
functions:

(a) Implement laws, rules and regulations, policies, plans, programs and projects of the
Commission;

(b) Increase the efficiency, effectiveness, and synchronicity of the Commission through
coordination with local government units;

(c) Coordinate with the LGUs and ensure that each has its established PDAO or has
designated Focal Persons for the fourth (4th), fifth (5th), and sixth (6th) class municipalities;
and

(d) Perform such other functions as may be assigned by the Commission.

Sec. 13, Advisory Council. - There shall be an Advisory Council which shall be composed of
the Chairperson of the Commission, as Chairperson; the Secretaries of the Department of
Health (DOH); the Department of Social Welfare and Development (DSWD); the Department
of Education (DepEd); the Department of Labor and Employment (DOLE); the Department
of Transportation (DOTr); the Department of Public Works and Highways (DPWH); the


Department of Interior and Local Government (DILG); the Chairperson of the Commission
on Higher Education (CHED); the Director General of the Technical Education and Skills
Development Authority (TESDA); and the Chairpersons of the Senate Committee on Social
Justice, Welfare and Rural Development and the House of Representatives Committee on
Social Services. The Secretaries mentioned are authorized to designate an Undersecretary to.
represent them.

The Council shall meet once every three (3) months, or as often as may be necessary, upon
call of its Chairperson. It shall advise and be consulted by the Commission on important
matters relating to the Commission's mandate. The Council may form task forces which shall
convene between the meetings of the Council. The Commission shall provide the technical
support required by the Council to function according to this Act.

Sec. 14. Annual Report. - The Commission shall prepare an annual report on the findings of
its monitoring activities with regard to the state of the country’s compliance with its
international obligations concerning persons with disabilities. The report shall include, but
not be limited, to the following:

(a) Identification of causes that result in the increase or decrease in the number of PWDs;

(b) Assessment of the legal mechanisms of existing institutions in providing adequate
protection and services for PWDs;

(©) Recommendations for legal, legislative, and institutional reforms for greater promotion
and protection of the rights of PWDs;

(d) Statistics and data indicating the total number of PWDs in the country as culled from the
National Registry for PWDs, in coordination with other government agencies.

Sec. 15. Disability Support Fund. - A Disability Support Fund shall be established under
this Act. It shall make funds available for individuals with disabilities to access rehabilitation
and disability support services, and to support disability-related activities at the local
community through programs and projects of the local government units and civil society
organizations.

The fund shall be sourced from the operations of the Philippine Charity Sweepstakes Office
(PCSO), Philippine Amusement and Gaming Corporation (PAGCOR), one (1) percent from the
collections arising from the Sin Tax and amusement taxes collected by other national and
local government agencies, and contributions from the private sector.

Sec. 16. Transitory Provisions. - The National Council on Disability Affairs (NCDA) is
deemed abolished upon the creation of the Commission, All the powers, functions, assets,
liabilities, capital, accounts, contracts, equipment, and facilities of the NCDA which are
owned by the government, shall be transferred to the Commission.


All regular or permanent employees of the NCDA shall be absorbed or transferred to the
Commission: Provided, that they possess the necessary qualifications, and shall not suffer
any loss of seniority or rank or decrease in salaries and emoluments.

Employees separated from the service as a result of the abolition of the NCDA under the
provisions of this Act shall, within three (3) months from their separation from service,
receive a separation pay in accordance with existing laws, rules and regulations. In addition,
those who are qualified to retire shall be allowed to retire and be entitled to all benefits
Provided under existing retirement laws. The funds of the Commission may be used for this
purpose.

Employees separated and/or retired from the NCDA shall not be eligible for reappointment
to or employment in the Commission, whether permanent, temporary, casual or contractual
status within a period of three (3) years after separation or retirement. The Chairperson
shall recommend to the Commission a work program that shall include the organizational
plan and structure, staffing pattern and compensation plan, budget, programs, projects and
activities of the Commission within ninety (90) days from the approval of this Act. Said work
program shall be implemented by the Chairperson within thirty (30) days after its approval
by the Commission

Sec. 17. Appropriations. - The funds needed to initially implement this Act shall be
included in the current fiscal year's appropriation of the National Council on Disability
Affairs. Thereafter, the amount needed for the operation and maintenance of the Commission
shall be included in the General Appropriations Act.

Sec. 18. Implementing Rules and Regulations. - Within sixty (60) days from the
approval of this Act, the Commission and other relevant government agencies, shall
promulgate the necessary rules and regulations for the effective implementation of this Act.

Sec. 19. Separability Clause. - Should any provision herein be declared unconstitutional,
the same shall not affect the validity of the other provisions of this Act.

Sec. 20. Repealing Clause. - All laws, decrees, orders, rules, and regulations or other
issuances or parts inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

Sec. 21. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in any two (2) newspapers of general circulation in the Philippines.

Approved,