Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS,
Second Regular Session

”
HOUSE BILL No, D673

Introduced by Representative Leah S. Paquiz of ANG NARS Party - List

EXPLANATORY NOTE

Article XIII, Section 13, of the Philippine Constitution mandates the State to “establish a
special agency for disabled persons for rehabilitation, self-development and self-reliance,
and their integration into the mainstream of society.” On the other hand, Philippines has
been a signatory to the UNCRPD since September 25, 2007 and has ratified the same on
April 15, 2008. As a State Party, the Philippines is mandated to make information intended
for the general public be accessible to persons with disabilities (PWDs), in a timely manner
and without additional cost, and to accept and facilitate the form of communication chosen
by the PWDs in their interactions',

Further, Philippines as a signatory of UNCRPD undertakes to enable persons with
disabilities to learn life and social development skills to facilitate their full and equal
participation in education and as members of the community?.

Obviously, the foregoing policies clamor for an executory law that will give life to their
purest intentions. Thus, this bill intends to promote and protect equitable access to all
forms of communication for the deaf, without distinction or exclusivity, whatsoever,
towards inclusive human and social development of every deaf Filipino.

Nowadays, people who are deaf have various and diverse modes of communication that are
made available for them for decades. Aside from sign language, there are other methods
including oral, written, gestural, and the use of manually coded English. These methods are
employed in different educational facilities and in the provision of services for the deaf,
giving them access to richer vocabulary and helping bridge the gap that deafness brings
about.

Categorically, communication and information accessibility of the deaf and people heard of
hearing must be protected in order for them to exercise their right to choose the mode and
form of communication that will best suit them and serve them both in their formal learning
and professional advancement. In view of the foregoing, the passage of this bill is earnestly

sought. )
REP. i S. PAQUIZ

Representative
ANG NARS Party-list

| Article 21, sub-paragraph (a) and (b) of the UNCRPD.
» Article 24, 3(¢), Ibid.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO._5673

Introduced by RepresentativeiLeah S. Paquiz of ANG NARS Party - List

“AN ACT PROVIDING COMMUNICATION AND INFORMATION
ACCESSIBILITY TO DEAF AND HARD OF HEARING
FOR FULL INCLUSION INTO THE MAINSTREAM OF SOCIETY”

Be it enacted by the Senate and the House of Representative of the Republic of the Philippines
gress assembled:

Section 1. Short Title. - This Act shall be known as “Communication and Information
Accessibility to Deaf and Hard of Hearing”.

Section 2. Declaration of Policy. ~ It is hereby declared the policy of the State to
promote, protect, and ensure the full and equal enjoyment of all human rights and
fundamental freedoms of persons with disabilities. Thus, national and local state
agencies shall uphold respect for their inherent dignity, individual autonomy, and
independence by guaranteeing accessibility and eliminating all forms of
discrimination in all public interactions and transactions, thereby ensuring their full
and effective participation and inclusion in society.

The State shall also take all appropriate measures to provide accessible
communication to develop productive and responsible citizens, equipped with the
essential competencies, skills and values for both life-long learning and employment.
Pursuant to this, communication accessibility that meets the various needs of a diverse
group of Filipinos who are deaf and hard of hearing shall be provided. This
accessibility measures shall take into consideration several factors like degree of
hearing loss; cognitive, emotional, linguistic, social and academic development;
family dynamics and culture.

Section 3. Definition of Terms, -

a) “Communication Accessibility” refers to the provision of accommodations in
terms of appropriate goods, services and facilities to meet the communication
needs of the Filipino deaf and hard-of-hearing to allow them full participation
of their functions in the society;

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b)

“Inclusion” refers to the enrolment of Filipino deaf and hard-of-hearing in
regular classrooms with the necessary accommodations and support services;
“deaf” refers to those individuals whose hearing is non-functional for ordinary
purposes in life;

“Hard-of-Hearing” refers to those individuals who have a defective sense of
hearing but are still functional with or without a hearing aid;

“Oral Communication” is a method in educating, deaf and hard-of-hearing
children using only the spoken language, speech reading, and voice training;
and,

£) “Signed Communication” uses manual communication and body language to
convey meaning, as opposed to acoustically conveyed sound patterns. This can
involve simultaneously combining hand shapes, orientation and movement of
the hands, arms or body, and facial expressions to fluidly express a speaker's
thoughts.

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d)

°)

Section 4. Right to Communication Accessibility. - Communication accessibility is a
legal right of Filipino deaf and hard of hearing to equal access to goods, services and
facilities in the community, schools, public transactions in health systems, Courts,
Quasi-Judicial Agencies and other Tribunals, broadcast media and workplaces.

Communication accessibility recognizes and respect the right of the Filipino deaf and
hard-of-hearing to communicate freely with others. Services and facilities shall
promote understanding of communication needs, explore language opportunities,
provide communication tools and not to favor any particular communication mode or
language over another.

Section 5. Communication Access in Education. - Every deaf and hard-of-hearing
child has unique learning needs. Inclusive education programs should be designed
to take into consideration the unique needs of the deaf and hard-of-hearing learner
and implemented ‘in the most appropriate language and mode and means of
communication’ for the deaf and hard-of-hearing individual.

(1) Language of Instruction. The Department of Education (DepEd), Commission on
Higher Education (CHED), Technical Education and Skills Development Authority
(TESDA), Early Childhood and Development Council (ECCD) and all other national
and local government agencies involved in the education of the deaf and hard of
hearing are tasked to develop systems of communication that meet the needs and
potentials of Filipino deaf and hard of hearing. These systems shall include oral and
signed communication,

(2) Training of Teachers. In-service training shall include upgrading of competencies
on philosophies of education for the deaf and hard of hearing, different
communication modalities, approaches, methods in teaching learners who are deaf
and hard of hearing.

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(3) Training and Evaluation Programs. To improve the quality of teachers in all areas
of education for persons with hearing loss, all national and local government agencies,
centers, and programs providing education to deaf and hard-of-hearing students, are
hereby tasked to institute periodic training and evaluation programs for their teachers.
Training and evaluation shall be designed and taught in consultation with the
representatives of all communities serving learners with hearing impairments: the
learners themselves, parents and families, and constituent communities.

(4) Support Services. All educational institutions shall provide augmentative and
alternative communication (computer-aided transcription services, _ telephone
handset amplifiers, assistive listening devices, hearing aids, open and closed
captioning, videotext displays, others), properly trained and qualified oral and signed
interpreters, notetakers and others.

Section 6. Standards for Oral, Sign Language, and Deaf Relay Interpreting. - The
DepED, CHED, National Council on Disability Affairs (NCDA), together with
concerned non-government organizations, shall develop a competitive and globally
accessible standards for oral, sign language, and deaf relay interpreting involving deaf
individuals, teachers with experience in the education of the deaf and parents of the
deaf.

A system of accreditation for interpreting must be established to attain the purposes
of this Act.

Section 7. Communication Access in Courts, Quasi -Judicial Agencies, and Other
Tribunals. - In order to ensure access to justice and protect the right of the deaf and
hard-of-hearing to due process, all courts, quasi-judicial bodies, agencies and
government institutions conducting investigations and hearings shall ensure the
availability of oral and sign language interpreters in all proceedings involving deaf
and hard-of-hearing persons.

The Supreme Court and other concerned agencies shall promote appropriate training
for those working in the administration of justice, including hearing and deaf relay
interpreters, and other court personnel, and police and prison staff.

Section 8. Communication Access in All Workplaces. - Every office, company,
institution and establishment, may it be public or private, shall take all reasonable
measures that would provide an environment sensitive and responsive to the
communication needs of the Filipino deaf and hard of hearing, including the conduct
of deaf awareness and sensitivity training seminars.

Section 9. Communication Access in the Public Health System. - Hospitals and other
health facilities, may it be public or private, shall take steps to ensure access of the
Filipino deaf and hard of hearing to health services, including the provision of
interpreters for deaf and hard of hearing patients.

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Section 10. Communication Access in Public Transactions, Services and Facilities. ~
All national and local government agencies are hereby directed to deliver their
services in the most appropriate languages and modes and means of communication
for the individual.

Oral, sign language, and deaf relay interpreting shall be provided whenever necessary
or requested in all government offices and during forums, conferences, meetings,
cultural events, sports competitions, community affairs, and activities conducted by
government agencies,

Section 11. Communication Access in Broadcast Media. ~ Television stations shall
provide communication access through subtitles or signed communication to Filipino
deaf and hard of hearing.

The National Telecommunications Commission (NTC) shall, within a reasonable
period upon the effective date of this Act, require closed captioning and/or interpreter
insets in news and public affairs programs.

Section 12. Advocacy and Promotion of Communication Access. - The DepEd, CHED,
TESDA, ECCD, and other appropriate national and local agencies and concerned non-
government organizations, shall take appropriate steps to propagate access to goods,
services and facilities. Basic Education institutions that enroll deaf and hard-of-
hearing students are urged to use oral or signed communication or both with
appropriate alternative and augmentative communication depending on their needs
and potentials.

State Universities and Colleges are directed to undertake research on education and
communication access for the deaf and hard of hearing and to include courses on
different forms of communication in their inclusive education curriculum,

The Department of Labor and Employment (DOLE) shall ensure that workplaces and
other institutions that employ deaf and hard of hearing persons provide for their
communication and information access.

Section 13. Implementing Rules. - The DepEd, CHED, TESDA, ECCD, Professional
Regulation Commission (PRC), NCDA, Supreme Court, Department of Justice (DOJ),
and other relevant agencies shall, within 30 days after its effective date, promulgate
the necessary rules and regulations. For this purpose, all stakeholders of all units in
the community serving individuals who are deaf and hard of hearing shall be
involved. Also included are teachers with knowledge and experience in all spectra of
educational services for learners with hearing loss.

Section 14. Monitoring of the Implementation of the Act. ~ The NCDA, in
collaboration with representatives of all communities with hearing loss, is hereby
tasked to convene an Inter-Agency Committee including individuals and institutions
with knowledge and experience in oral, signed, and deaf relay communication and
their use, to make an annual assessment of the implementation of this Act. The report

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of this Inter-Agency Committee shall be transmitted annually to the House Committee
on Basic Education and Culture and Senate Committee on Education, Arts, and
Culture and published in accessible formats in their respective websites and through
other means necessary.

Section 15. Appropriations. - Implementation of this Act shall derive its fanding from
the 1% appropriations for Persons with Disabilities as provided in the General
Appropriations Act.

Section 16. Repealing Clause. - All laws and executive issuances inconsistent with the
provisions of this Act are hereby repealed or amended accordingly.

Section 17. Separability Clause. - If any provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectiveness of its other
provisions.

Section 18, Effective Date. - This Act shall take effect fifteen days after its publication
in the Official Gazette or one newspaper of general circulation.

Approved,

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