Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH (20) CONGRESS
First Regular Session .

HOUSE BILL NO. 3476

Introduced by KAMANGGAGAWA Partylist
Representative ELIJAH R. SAN FERNANDO

EXPLANATORY NOTE

Persons with Disabilities (PWDs) in the country face social barriers that limit
their equal enjoyment of rights and continue to struggle with barriers to education,

employment, mobility, and access to essential services.

For example, according to Republic Act No. 344, also known as the Accessibility
Law, the legal standard in the Philippines for the degree of inclination of a ramp for
PWDs shall be 4.76 degrees, but the built accessibility ramp at the EDSA Bus Carousel
Phil-Am station by the Metropolitan Manila Development Authority (MMDA) was
inclined at 14.15 degrees, making it hard for PWDs to use it effectively.

In addition, PWDs are also vulnerable to workplace accidents, especially in
environments with machinery or poor lighting, due to the employer's failure to provide
basic accommodations such as ramps. DOLE Advisory No. 15, series of 2023, reinforces

the legal requirement for employers to provide a barrier-free workplace.

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While the Republic Act No. 7277, as amended, or the “Magna Carta for Persons
with Disabilities,” has laid the foundation for the protection of PWD rights and welfare,
a gap remains in providing consistent and direct financial assistance that would enable
PWDs to meet their daily needs, reduce economic hardship, and promote independent

living,

As a State Party to the United Nations Convention on the Rights of Persons with
Disabilities (UNCRPD), one of the Convention's general principles includes respect for
inherent dignity, individual autonomy, non-discrimination, full and_ effective
Participation and inclusion in society, equality of opportunity, accessibility, and respect

for the evolving capacities of PWDs.

According to the National Council on Disability Affairs (NCDA), there are 2.28
million registered PWDs in the country. The cost of living for PWDs is often
substantially greater than for the general population, owing to the expenses associated
with assistive devices, specialized medical care, transportation, and personal support
services. These additional costs place a disproportionate financial burden on
individuals and their families, frequently resulting in poverty, exclusion, and

dependency.

This bill seeks to address this gap by establishing a Disability Support Allowance
(DSA) — a regular cash subsidy granted to eligible PWDs to help cover the extra costs

of living with a disability. The proposed measure will institutionalize a clear system for

identifying qualified beneficiaries, determining the appropriate allowance amount, and

ensuring transparent and efficient disbursement through relevant government agencies.

In solidarity with the working class, the passage of this bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH (20"') CONGRESS
First Regular Session

HOUSE BILL No. _3476

Introduced by KAMANGGAGAWA Partylist
Representative ELIJAH R. SAN FERNANDO

AN ACT
ESTABLISHING THE DISABILITY SUPPORT ALLOWANCE PROGRAM FOR,
PERSONS WITH DISABILITIES, APPROPRIATING FUNDS THEREFOR

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

assembled:

SECTION 1. Short Title. - This Act shall be known as the “Disability Support Allowance
Act.”

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to:
(a) Uphold the rights and ensure the full and effective participation of Persons

with Disabilities in society on an equal basis with others;

(b) Value the dignity of every human person and guarantee full respect for

human rights';

+ Art. Sec. 11, 1987 Constitution of the Republic of the Philippines

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(©) Give highest priority to the enactment of measures that protect and enhance

the rights of all people’; and

(d) Affirm its obligation to ensure access to appropriate social protection
measures and promote the full inclusion of Persons with Disabilities in all

aspects of life.
SEC. 3. Objectives. - The Bill shall have the following objectives:

(a) To establish and institutionalize a disability subsidy allowance program that
provides financial support to persons with disabilities in recognition of the

additional costs associated with disability;

(b) To promote equity and inclusion by ensuring that persons with disabilities,
particularly those with high support needs and children with disabilities,

have access to appropriate forms of social protection;

(c) To contribute to the realization of the rights of persons with disabilities as set
forth in the 1987 Philippine Constitution, the Magna Carta for Persons with
Disabilities, and the United Nations Convention on the Rights of Persons
with Disabilities; and

(d) To institutionalize government accountability in delivering targeted,

rights-based, and disability-responsive social protection measures.
SEC. 4, Definition of Terms. - As used in this Act, the following terms shall mean:

(a) “Barriers” refers to anything that hinders persons with disabilities from
enjoying or exercising all human rights and fundamental freedoms in the
political, economic, social, cultural, civil, or any other field, on an equal basis

with others. It encompasses, in all forms, inaccessible physical environments

Ibid, Art. Xill, Sec. 1.

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and transportation; the unavailability of assistive devices and technologies;
inaccessible information both in form and content; non-adapted means of
communication; gaps in service delivery such as unavailability of personal
assistance and sign language interpretation service; discrimination including
denial of reasonable accommodation; attitude, prejudice, and stigma in
society; programs, policies, and laws infringing the rights of persons with
disabilities as recognized under the Convention on the Rights of Persons

with Disabilities;

(b) “Children with Disabilities” refers to individuals under the age of eighteen
(18) who have long-term physical, mental, intellectual, or sensory
impairments which, in interaction with various barriers, may hinder their

full and effective participation in society on an equal basis with others;

(0) “Disability” refers to an evolving concept that results from the interaction
between persons with impairments and attitudinal and environmental
barriers that hinder their full and effective participation in society on an
equal basis with others;

(d) “Disability Assessment and Determination” refers to the process of
identifying the priority beneficiaries of the Disability Support Allowance
Program;

(e) “Disability-related Costs” refers to additional expenses borne by persons
with disabilities and/or their families that are not typically encountered by

persons without disabilities, These arise from the necessity to overcome
barriers to participation or exercise of ordinary activities in daily life.
Examples of these are: (1) assistive devices and technologies; (2) disability
support services such as personal assistants, sign language interpreters, or

therapy support; (3) accessible transportation and mobility aid expenses; (4)

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increased utility, communication, or accommodation-related expenditures

necessary to achieve inclusion and independence;

( “Disability Support Allowance (DSA)” refers to the amount of money

received by qualified Persons with Disability under the Disability Subsidy

Allowance Program;

(g) “Human Rights-based Approach to Disability” refers to a conceptual and

(h) “Organization of Persons with Disabil

(

policy framework that recognizes persons with disabilities as rights-holders
who are entitled to dignity, autonomy, equality, and full participation in
society on an equal basis with others. It affirms that disability results from
the interaction between persons with impairments and attitudinal or
environmental barriers, and not solely from individual medical conditions or

impairments;

ities (OPDs)” refers to organizations
led, directed, and governed by Persons with Disabilities with a clear majority
of their membership being persons with disabilities themselves and
promoting the rights and welfare of persons with disabilities. OPDs include,
but are not limited to, community, local or national organizations of women
with disabilities, impairment-specific organizations such as national
organizations of persons with psychosocial disability, parents representing
children with disabilities, cross-disability organizations, specific health
conditions recognized under the Philippine law such as patients and
survivor of cancer, persons with rare diseases, and all other organizations of
persons with disabilities as recognized under the Convention on the Rights

of Persons with Disabilities;

“Persons with Disabilities (PWD)” refers to those who have long-term

physical, mental, intellectual, or sensory impairments which, in interaction

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with various barriers, may hinder their full and effective participation in

society on an equal basis with others;

() “Progressive Realization” refers to the State's obligation to undertake
measures to the maximum of its available resources and where needed,
within the framework of international cooperation, with a view to achieving
progressively the full realization of rights of Persons with Disabilities,
without prejudice to those obligations contained in the UNCPRD that are

immediately applicable according to international law; and

(k) “Reasonable Accommodation” refers to the necessary and appropriate
modification and adjustments so as not to impose disproportionate or undue
burden, and to ensure that Persons with Disabilities enjoy or exercise on an

equal basis with others all human rights and fundamental freedoms.

SEC. 5. Disability Support Allowance Program. ~ A Disability Support Allowance Program
(DASP) is hereby established to provide disability support allowance for persons with
disabilities. The DASP shall supplement and complement other existing social
protection measures by addressing the burden of disability-related costs faced by
persons with disabilities, regardless of their age and income level. The DASP shall have

the following components:

(a) Program Design and Operational Guidelines, including but not limited to the
design of the Disability Assessment Determination System, application and

registration procedures, payout system;
(b) Institutional Arrangements, defining the respective roles, responsibilities, and

coordination mechanisms among implementing concerned national government

agencies, local government units, and OPDs;

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(©) Implementation Plan, including timelines, capacity-building requirements, and
awareness-raising activities based on the progressive rollout program

implementation;

(d) Monitoring and Evaluation Framework, with indicators aligned to human rights
and inclusion outcomes, and incorporating feedback and accountability

mechanisms with participation from OPDs;

(e) Budgetary Requirements and Financing Plan, including estimates of annual
funding requirements, cost projections, funding sources, and integration into the

General Appropriations Act and other relevant financing instruments;

() Information Management and Digital Systems, and integration of
disability-inclusive data and information systems for registration, benefit

delivery, and program monitoring; and

(g) Safeguards and complaints mechanisms ensuring non-discrimination, gender
and age responsiveness, and accessibility in all aspects of program delivery, and
establishing protocols for participation of persons with disabilities and OPDs.

SEC. 6. Disability Support Allowance. ~ The amount of Disability Support Allowance
(DSA) shall initially be set at Two Thousand Pesos (Php2,000.00) per month, which will
be indexed to inflation to preserve its impact on the cost of living and participation in

society of Persons with Disabilities.

SEC. 7. Eligibility to Apply. - All persons with a duly acquired Person with Disability
Identification Card (PWD ID) and booklet issued and registered under the PWD ID
system of the National Council on Disability Affairs (NCDA) are eligible to apply as
beneficiaries under the Disability Support Allowance Program, regardless of their

employment status, income level, and beneficiary status under other social protection

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and social pension programs of government, such as the Pantawid Pamilyang Pilipino

Program (4Ps) and social pension for indigent senior citizens.

Selection of beneficiaries shall be subject to the application of the Disability Assessment
and Determination System as provided for in Section 8 of this Act and the progressive

roll-out provision in Section 9 of this Act.

SEC. 8. Disability Assessment Determination System. To ensure the effective and equitable
implementation of the Disability Support Allowance Program, a Disability Assessment
and Determination System (DADS) shall be established to serve as the mechanism to
select the beneficiaries of the program. The DADS shall be established, guided by the

following operating principles:

(a) Human Rights-based Approach to Disability - The DADS shall uphold the rights
of Persons with Disabilities in accordance with the United Nations Convention
on the Rights of Persons with Disabilities (UNCRPD) and reflect the interaction

of individual impairments with environmental barriers;

(b) Functionality-oriented Assessment - Selection shall be based primarily on
functional limitations and participation restrictions, recognizing these as

practical proxies for disability-related cost burdens;

(©) Administrative Simplicity, Accessibility, and Non-Discriminatory - The DADS
shall be designed to be administratively simple, easy to understand, and efficient
to implement. The assessment process shall be inclusive and shall ensure
reasonable accommodation to avoid placing undue burden on applicants and

uphold their dignity throughout the process;

(d) Participation and Transparency ~ The development, implementation, and
evaluation of the DADS shall involve consultations with OPDs and relevant
stakeholders, and shall be guided by transparency, fairness, and accountability;

and

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(e) Interoperability with the PWD ID Date Management System - The DADS shall
be linked to the PWD ID system.

SEC. 9. Progressive Rollout. - The DASP shall be implemented in three (3) phases in
accordance with the principle of progressive realization as recognized under
international human rights instruments to ensure that it expands sustainably and
equitably and prioritizes those with the greatest needs, at the same time building the

necessary systems and capacities for nationwide coverage.

(a) Phase One (1) - The Phase One or the initial phase shall be implemented within a
maximum time frame of three (3) years from the effectivity of this Act and shall

cover all Persons with Disabilities who are seventeen (17) years old and below;

(b) Phase Two (2) ~ The second phase shall commence no more than five (5) years
from the effectivity of this Act and shall expand the coverage of Phase One to

include Persons with Disabilities who are sixty (60) years old and above;

(©) Phase Three (3) ~ The final phase shall commence no longer than seven (7) years
from the effectivity of this Act and shall expand the coverage of Phase Two to the

rest of the population of persons with disabilities.

SEC. 10. Lead Agency. The Department of Social Welfare and Development (DSWD) is
hereby mandated to serve as the central planning, coordinating, implementing, and
monitoring body of the Disability Support Allowance Program. It shall integrate the
DASP as part of the agency's regular programs, annual and strategic plans, and
budgets. The DSWD shall coordinate with the National Council on Disability Affairs
(NCDA) and delegate such tasks, functions, and activities as it deems necessary to
effectively and efficiently supervise the program.

SEC. 11. Penal Provisions. ~ The penalties shall apply to the following:

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(a) Any person who, through fraud or misrepresentation, applies for, or aids in the
application for benefits under this law without being a qualified person with
disability entitled thereto shall suffer the following penalties:

(1) For the first violation, a fine of not less than twenty-five thousand pesos
(Php25,000.00) but not exceeding fifty thousand pesos (Php50,000.00); and

(2) For any subsequent violation, a fine of not less than fifty thousand pesos
(Php50,000.00) but not exceeding one hundred thousand pesos
(Php100,000.00).

(b) Any person violating any provision of this Act and its implementing rules and
regulations, except violations pertaining to Subsection (a) of this Section, shall be
penalized with a fine of not less than fifty thousand pesos (Php50,000.00) but not
exceeding one hundred thousand pesos (Php100,000.00).

SEC. 12. Appropriations. - The amount necessary for the implementation of the Act shall
be included in the annual General Appropriations of the year following its enactment
into law and thereafter. The initial amount of which shall be determined by the
Department of Social Welfare and Development (DSWD), the National Council on
Disability Affairs (NCDA), and representatives from other major stakeholders,
including organizations of persons with disabilities. The allocated budget for the first

year of its operation shall gradually increase in view of progressive realization.

SEC. 13. Implementing Rules and Regulations. - Within sixty (60) days from the effectivity
of this Act, the Department of Social Welfare and Development, in consultation with the
National Council on Disability Affairs, Department of Interior and Local Government,
Department of Health, Philippine Statistics Authority, Department of Economy,
Planning and Development, representatives from organizations of persons with
disabilities, and other relevant stakeholders from government agencies and
non-government organizations, shall formulate and issue the necessary rules and

regulations to implement the provisions of this Act.

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SEC. 14, Periodic Review. - Within five (5) years from the effectivity of this Act and every
five (5) years thereafter, the DSWD shall conduct a comprehensive performance
evaluation of this Act and submit its findings and recommendations to the appropriate

committees of the Senate and the House of Representatives.

SEC. 15. Separability Clause. ~ If any provision of this Act is declared unconstitutional or

invalid, the remaining provisions shall remain in full force and effect.

SEC. 16. Non-impairment Clause. - Nothing in this Act shall be construed as to diminish,
impair, or repeal rights recognized, granted, or made available to disadvantaged,

marginalized, or specific sectors under existing laws.

SEC. 17. Repealing Clause. ~ All laws, decrees, executive orders, rules, and regulations
inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 18. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,

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