Republic of te Philippines
Honse of Representatives

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No, 2710

Introduced by Rep. Luisa Lloren Cuaresma
Lone District of Nueva Vizcaya

EXPLANATORY NOTE

Section 9, Article II of the 1987 Constitution states that, “The State shall promote a
just and dynamic social order that will ensure the prosperity and independence of the nation
and free the people from poverty through policies that provide adequate social services,
promote full employment, a raising standard of living, and an improved quality of life for all.”

Republic Act 7277, otherwise known as “The Magna Carta for Disabled Persons” that
was approved in 1992 was promulgated to ensure that the State will be able to give its full
support to the improvement of the total well-being of disabled persons and aid in their

integration into the mainstream of society.

‘The said law has been amended several times by numerous other laws, administrative
orders, local ordinances, department circulars, rules and proclamations to improve the welfare
ies or the PWDS.

of persons with disabi

However, despite the amendments, the existing laws, projects and programs are not
comprehensive enough to translate the laws into concrete and sustainable progress of the

PWDs in the country.

Rearing, nurturing and caring for a person with disability is a tough job. Parents or
guardians must have adequate knowledge on the condition affecting their dependents. They
must realize their responsibility toward PWDs because they play a major role in character of
the PWD by giving them a chance for a better life with self-reliance and an improved quality
of life.


To do this, parents or guardians would send their child with disability or PWD dependents to
therapy centers or hire a therapist to help them take care of their PWD dependents. However,
many of the parents in the lower class of our society who cannot afford to send their dependent
PWD to therapy centers or hire specialized nurses, therapists or trained helpers would have to
quit their jobs to take care of their dependent PWD, in the process, they lose many
‘opportunities that comes with a having a source of income.

This Act seeks to alleviate the burden of these parents or guardians to help them provide
for their families and at the same time allowing the parents or guardians to attend to the needs
of their dependent PWDs.

In view of the foregoing, the passage of this bill is earnestly sought.

& ISA LL , ine CUARESMA


Republic of the Uhilippines
House of Representatives

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO._2710

Introduced by Rep. Luisa Lloren Cuaresma
Lone District of Nueva Vizeaya

AN ACT PROVIDING FOR THE BENEFITS AND PRIVILEGES TO
UNDERPARENTS OF PERSONS WITH DISABILITIES AND APPROPRIATING
FUNDS THEREFOR

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

SECTION 1. Short Title — This Act shall be known as the “Underparent of
Persons with Disabilities (PWDs) Act”

SECTION 2. Declaration of Policy — It is the policy of the State to promote the
family as the foundation of the nation, strengthen its solidarity and ensure its total
development. Towards this end, it shall develop a comprehensive program of services for the
parents and guardians of persons with disabilities (PWD herein after) through a comprehensive
package of social development and welfare services for their families.

The state also recognizes the role of the private sector in promoting the welfare of
disabled persons by empowering the people who provide them parental care and support.

To facilitate full development and support of disabled persons, the State shall exert all
efforts to remove all social, cultural, economic, environmental and attitudinal barriers that are
prejudicial to disabled persons.

SECTION 3.Definition of Terms — For the purpose of this Act, the following terms
shall be used under the definition provided hereof, to wit:

(a) “PWD Underparent” — Any person who directly provides parental care and assumes
parental responsibilities to a Person with Disability (PWD) or a court appointed
guardian, who is duly appointed by the Board of Evaluators hereinafter.



(b) “Person with disability” — a person suffering from restriction or different abilities, as a
result of mental, physical or sensory impairment, to perform an activity in a manner or
within the range considered normal for human being.

(c) Disability — means: (1) a physical o mental impairment that substantially limits one or
more psychological, physiological or anatomical function of an individual or activities
of such individual; (2) a record of such an impairment; or (3) being regarded as having
such an impairment.

(d) “Parental responsibility” — with respect with their minor children shall refer to the
rights and duties of the parents as defined in Article 220 of Executive Order No. 209,
as amended, otherwise known as the “Family Code of the Philippines.”

(e) “Parental leave” — shall mean leave benefits granted to an Underparent to enable
hinvher to perform parental duties and responsibilities where physical presence is
required.

() “Flexible work schedule” — sis the right granted to an Undrparent employee to vary
his/her arrival and departure time without affecting the core work hours as defined by
the employer.

SECTION 4. Establishment of the PWD Underparent program — There is hereby
established a PWD Underparent Program that will provide for a comprehensive system for the
nomination, evaluation, appointment, and supervision of Underparents for PWD’s to ensure
that PWD’s are properly cared for.

SECTION 5. Creation and Composition of Underparent PWD Board — There shall
be a Board of Evaluators for Underparent PWD which shall be under the supervision and
control of the Department of Social Welfare and Development (DSWD). It shall be a collegial
body headed by a representative of the DSWD in the province as the Chairman, the Provincial
or City Prosecutor, and Municipal Social Welfare Officer of the municipality where the child
resides as members and lastly, a representative of the provincial field office of the DSWD as
the secretariat.

SECTION 6. Duties and Function of the Board — The Board shall have the following
duties and responsibilities:

(a) To enforce the provisions of this Act;

(b) To evaluate individuals nominated for or applying as Underparent for PWD’s;

(c) To issue, after appropriate proceedings to Underparent of PWD’s

(d) To revoke, after due process, any appointment previously issued to an Underparent;

(c) To investigate any violation of this Act or of the rules and regulations issued thereunder,
as may come to the knowledge of the Board and for this purpose to issue subpoena and
subpoena duces tecum to alleged violators or witnesses to secure their attendance in
investigations or hearings, and the production of books, papers, and documents in
connection therewith and compel attendance by the power of contempt.


(f) To conduct periodic evaluation of Underprents appointed under this act;
(g) To provide continuing education and training for Underparents.

SECTION 7. Supervision of the Board and Custodian of Records — The members of
the Board shall be under the direct supervision of the DSWD. All records, including
examination papers, evaluation reports, minutes of deliberation, records of administrative
cased and investigations of the Board shall be kept by the Secretariat of the Board.

SECTION 8. Application of PWD Underparent Identification Card —The DSWD shall
formulate, within ninety (90) days upon the effectivity of this Act, the implementing rules and
regulations on the procedure for application of UPID in consultation with the Department of
Justice, local government units and non-government organizations.

SECTION 9. Nature, Rights, Duties and Privileges of an Underparent of a PWD —
PWD Underparents appointed in accordance with this act shall have the same rights and duties
of parental authority over the PWD for which they are appointed as defined in Article 220 of
Executive Order No. 209, as amended, otherwise known as the “Family Code of the
Philippines.”

‘The Underparent shall also be entitled to all of the privileges of Solo Parents as provided
under Sections 5,6,7,8,9,10, and 11 of RA 8972 or the “Solo Parent’s Welfare Act of 2000."

SECTION 10. Emergency Parental Leave - In addition to the usual parental leaves
under existing laws, an underparent shall also be entitled to emergency leaves in time when
his/her dependent PWD is experiencing episode and other uncontrollable medical or
behavioral situations as may hereinafter be provided by the Implementing Rules and
Regulations.

SECTION 11. Implementing Rules and Regulations — The Secretary of social
Welfare and Development shall formulate, within ninety (90) days upon the effectivity of this
Act, the implementing rules and regulations in consultation with the local government units,
non-government organizations and people’s organizations.

The DSWD shall also provide for the documentary and other requirements and
qualifications before a person may be appointed as an Underparent in accordance with the
provisions of this act. Provided that the following requirements shall always be present.

(a) The applicant or nominee shall be a Filipino citizen, at least 21 years of age and not
subject or nominee of any civil interdiction;

(b) The applicant or nominee has not been convicted of any crime involving moral turpitude
or any violation of RA 9165 or 9262.

(c) When the legitimate, biological or adoptive parent of the PWD is capable of being
located or contacted, his or her consent to the appointment of the Underparent shall be
obtained;


SECTION 12. Appropriations — The amount necessary to carry out the provisions of
this Act shall e included in the budget of concerned government agencies in the General
Appropriations Act of the year following its enactment into law and thereafter.

SECTION 13. Repealing Clause - All laws, decrees, executive orders, administrative
orders or parts thereof inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

SECTION 14. Separability Clause - If any provision of this Act is held invalid or
unconstitutional, other provisions not affected thereby shall continue to be in full force and
effect.

SECTION 15. Effectivity Clause - This Act shall take effect fifteen (15) days

following its complete publication in the Official Gazette or in at least two (2) newspaper of
general circulation.

Approved,