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Nineteenth Congress
Second Regular Session
HouseBi]|No.9828
Introduced by:
HON. MARISSA "DEL MAR" MAGSIN0
0Fwr PARTY LIST
EXPIANATORY NOTE
The  National  Disabilfty  Prevalence  Survey  conducted  in  2016  indicated  a  twelve
percent (12%) disability prevalence in the country's adult population, with seventy percent
(70%) experiencing mild to moderate disabilities.
Persons with disabilities (PWDs) are confronted w`ith challenges and barriers which
include   limited   mobility,   stigma,   discrimination,   unequal   access   to   education   and
employment opportunities,  health  and  other social  and  public  services,  and  incur  extra
expenses  for  assistive  devices  and  personal  assistance.  These  obstacles  trap  them  in
poverty and deny them a quality standard of living. Their situation is further aggravated by
the minimal institutional support and token inclusive policies of government at the national
level, and insufficient funding for program implementation at the local level.
The  Philippines  is  a  signatory to  the  United  Nations  Convention  on  the  Rights  of
Persons  with   Disabilities   (UNCRPD)  which   recognizes  all   the   rights   of  persons  with
disabilities and enjoins State Parties to take effective and appropriate measures to respect,
protect,  and  fulfill  the  full  enjoyment by  persons  with  disabilities  of these  richts.  Thus,
Republic Act No. 7277, otherwise known as the `Magna Carta for Persons with Disabilities,
as  amended  by  Republic  Act  No.  10754  and  Republic  Act  No.  9442,  were  enacted  to
underscore the government's response to the predicament of our PWDs. However, with the
changing conditions that have occurred in the PWD sector in the country since the passage
of these laws, there is a need to upgrade the benefits granted to them by law, and for the
government to be more proactive in ensuring the availability of funds for the empowerment
and inclusion of PWDs in Philippine society, and to suppgrt the program implementation of
local government units (LGUs) to achieve such objectives.
A key legislative initiative endorsed in the 2017-2022 Philippine Development Plan
is the establishment of the Persons with Disability Development Support Fund for programs
that will enable PWDs and their families to access disability support services and provide
them with productive opportunities to become contributing members of society.


This  bill  seeks to establish the  Disability Support Fund to be administered by the
National Council on  Disability Affairs  (NCDA) to support the undertaking of the Disability
Support Allowance  Program  under  the  Department  of Social  Welfare  and  Development
(DSWD)  to  provide  a  disability support allowance  of P  2,000.00  per  month  per  eligible
beneficiary based on the criteria to be formulated by DSWD. The allowance will be indexed
to inflation to preserve  its positive  impact on the standards of living and participation of
people   with    disabilities.    Local    government   units   and   accredited    non-government
organizations will also be assisted through funding to establish and implement responsive
services  and  programs  at  their  levels  to  promote  independent  living  of  persons  with
disabilities.
The program is envisioned to be implemented in gradation:
Phase  1  -  The  initial  phase  of the  Disability  Support Allowance  Program,  to  be
implemented in the first three  (3) years, shall  prioritize provision of stipends  for
children with disabilities, adults with moderate and severe disability who are facing
the highest barriers and disability-related costs, and persons with disabilities who
are  recipients  of social  protection and economic empowerment programs such as
but not limited to the Pantawid Pamilya Pilipino Program (4Ps) and Social Pension
for Indigent Senior Citizens.
Phase 2 -The second phase of the Program, to be implemented in the next three (3)
years,  shall  include  all  registered  persons  with  disabilities,  who  have  either  no
income  or  have  low  levels  of  income,  and  persons  with  disabilities  who  face
disability-related extra costs which negatively affect adequate standard of living.
Phase  3  -  The  third  phase,  to  be  realized  in  six  (6)  years  after the  start  of the
Program's implementation, shall  endeavor to progressively cover all  persons with
disabilities.
In  combination with social  protection  programs and  discounts  PWDs are already
entitled to under existing laws, the support allowance proposed in this  measure aims to
address  the  higher  costs  of transportation,  housing,  nutrition,  hygiene  and  temporary
human  assistance  requirements,  and  other  disability-related  costs,  as  well  as  provide  a
basic income security for qualified persons with disabilities.
This bill is a counterpart measure of Senate Bill No.  1602 as per Senate Committee
Report  No.  16  in  consolidation  and  substitution  of  Senate  Bill  Nos.  31,  501  and  592
authored by Senators  Manuel  `Lito'  I.apid,  Ramon  `Bong'  Revilla, jr.  and  Risa  Hontiveros,
respectively.
For the foregoing reasons, the immediate consideration and approval of this bill is
earnestly urged.
ARISSA "DEL;#RAWRA:sfr


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Nineteenth Congress
Second Regular Session
HouseBillNo.9828
Introduced by:
HON. MARISSA "DEL MAR" MAGSINO
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AN ACT
ESTABLISHING THE DISABILITY SUPPoRT FUND FOR THE EMPowrERMENT, FULL
PARTICIPATION AND INCLUSION 0F PERSONS WITH DISABILITIES IN SOCIETY
AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section  1.  SJlorf Ti.tie - This Act shall be known as the `Disability Support Fund Act'.
Section   2.   Dechlrat].oil  o/ Pch.ey -The  Philippines as a State  Party to  the United  Nations
Convention  on the  Rights  of Persons with  Disabilities  (UNCRPD)  recognizes  all  the  rights  of
persons with disabilities and shall fake effective and appropriate measures to respect, protect,
and fulfill the full enjoyment by persons with disabilities of these rights, such as but not limited
to access to habilitation and  rehabilitation services, participation  in socio-economic activities,
access  to  a  range  of in-home,  residential  and  other  community  support  services,  including
personal assistance, learning and assistive devices and technology necessary to support living
independently and inclusion in the community, and to prevent isolation or segregation from the
community.
Towards this end, the State shall establish a disability support fund to provide social
assistance to persons with disabilities for the support they need, to augment local government
units  funds  for  their  disability-specific  and  mainstreamed  programs  and  services  targeting
persons   with   disabilities   and   to   support   non-government   organizations    (NGOs)    and
organizations  of  persons  with  disabilities  initiatives  and  services  that  are  in  support  of
governmental functions relative to development and empowerment of persons with disabilities.


Section  3. Def inition of Terms.
a)   Di.sabi.Ji.ty is an evolving concept that results from the interaction between persons with
impairment  and  attitudinal  and  environmental  barriers  that  hinder  their  full  and
effective participation in society on an equal basis with others;
b)   Bcr777.ers are anything that hinder 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. Barriers in all its forms encompass
inaccessible physical  environments  and  transportation;  the  unavailability of assistive
devices  and  technologies,  inaccessible  information  both  in  form  and  content;  non-
adaptive  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  on  the  rights  of persons  with  disabilities  as
recognized under the Convention on Rights of Persons with Disabilities;
c)   Handl.cap refers to a disadvantage for a given individual resulting from an impairment
or a disability, that limits or prevents the functions or activity that is considered normal
give.n the age and sex of the individual;
d)   /mpaz.rn.zenf  is  any  loss,  diminution  `or  aberration  of  psychological,  physiological,  or
anatomical structure of function;
e)    /nd/.gGnc Person wi.th Dj`sabi./I.fy refers to a person with disability who is frail, sickly, and
without  pension  or  permanent  source  of  income,  or  regular  support  from  his/her
relatives to meet his/her basic needs;
f)    PersoJls wz.th Dl.scrb!7i.ty include those 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. Persons who may fall
in  this  definition  are,  but  not  limited  to,  the  following:  persons  with  psychosocial
disability, persons with autism, persons with down syndrome, persons who are blind,
persons with low vision, persons hard of hearing, the deaf, persons with rare diseases,
and  all  other  persons  who  will  be  certified  under  the  disability  assessment  and
determination system;
i.      Psychosoci`a/ dr.sabi./i.ty refers to any acquired behavioral, cognitive, emotional, or
social  impairment  that  limits  one  or  more  activities  necessary  for  effective
interpersonal  transactions  and  other  civilizing  processes  or  activities  for  daily
living, such as but not limited to deviancy or antisocial behavior;
ii.        Di.sabi./I.fy due to chron].c i.J/i]ess refers to  a health  condition  that lasts  for a long
time. It may slowly get worse over time or may become permanent or it may lead
to death. It may cause permanent change to the body and will certainly affects the
person's quality of life;
iii.       Lcami`ng di.sabi./i.ty means any disorder in one or more of the basic psychological
processes (perception, compensation, thinking, etc,) involved in understanding or
in using spoken or written language;
iv.       Mento/  di.scrbl.Ji.ty  is  a  disabilfty  resulting from  an  organic  brain  syndrome  (i.e.,
mental retardation, acquired lesions of the central nervous system, or dementia)
and/or mental illness tosychotic or non-psychotic disorder);
V.
Vi-st/a/  di.sabi./i.ty  is  the  impairment  of visual  functioning  even  after  treatment
and/or standard refractive correction, with visual acuity in the better eye of less
than 6/18 low vision and 3/60 for blind, or a visual field of less than 10 degrees
from the point of fixation. A certain level of visual impairment is defined as legal


blindness. One is legally blind when the best corrected central visual acuity in the
better eye is 6/60 or worse, or side vision of 20 degrees or less to the better eye;
vi.       Comi7"m.cati.on   dr.sflbi./I.ty  refers  to  an   impairment  in  the  process  of  speech,
language or hearing, further broken down into two types: (a) Hearing lmpairment
which   is   a   total   or   partial   loss   of  hearing   function   which   impedes   the
communication process essential to language, educational, social and/or cultural
interaction; and (b) Speech and Language lmpairment which means one or more
speech/language  disorders  of voice,  articulation,  rhythm  and/or  the  receptive
or/and expressive processes of language;
g)   Discrbi./I.ty Assessment cnd DetermI`natr.on  means  the process  by which  disability  of an
individual is officially recognized for the purpose of eligibility determination to diverse
entitlements. It is based on a human rights model of disability, with a focus on functional
limitations, support requirements and barriers restricting participation;
h)   Reflsonab/e   accommodation   means   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  all  human  rights  and
fundamental freedoms;
i)    Di.scrbi.//.ty  Support  Servi.ces   means   support   services   provided   where   a   condition,
disability  or illness  has been,  or is  likely to  be,  present for six  (6)  months  or  more,
excluding surgical or medical treatment;
j)    Rchabi7I.trrfl.on refers to the action of restoring someone to health or normal life through
training, and after imprisonment, addiction, or illness, and
k)   Hab7./I-tot7.orz means educating people with functional limitation so that they can live in
society more easily.
Section  4, DjsobfJI.ty Support Furnd - The Disability Support Fund aims to address the gaps in
the program implementation currently undertaken at the national and at the local level through
programs   and   projects   of  the   local   government   and   civil   society   organizations.   Local
government units and accredited non-government organizations will also be assisted through
funding  to   establish   responsive  services  supporting  independent  living  of  persons  with
disabilities.
The   Disability  Support  Fund  aims  to  provide  a  regular  stipend  to  persons  with
disabilities based on the eligibility criteria to be formulated by the Department of Social Welfare
and Development (DSWD). The initial amount of Two Thousand Pesos (P2,000.00) a month per
individual  beneficiary  is  set  for the  Disability  Support Allowance  which  will  be  indexed  to
inflation to preserve its positive impact on the standards of living and participation of people
with   disabilities.   This   would   contribute,   in   combination   with   existing  social   protection
programs  and  discounts,  to  address  the  higher  costs  of transportation,  housing,  nutrition,
hygiene and temporary human assistance requirements, among others. For working age adults
out of work, it will provide a basic incoine security and will also help cover disability related
costs for finding and keeping work.
The Program shall be implemented in three (3) phases:
a)    Phase  1  -  The  initial  phase  of the  Disability  Support Allowance  Program,  to  be
implemented in the first three (3) years, shall prioritize provision of stipends for:
i.       Children with disabilities;
ii.     Adults with  moderate  and  severe  disability, who  are  facing the  highest
barriers and disability-related costs;


iii.    Persons  with  disabilities  who  are  recipients  of  social  protection  and
economic empowerment programs such as but not limited to the Pantawid
Pamilya  Pilipino  Program  (4Ps)  and  Social  Pension  for  Indigent  Senior
Citizens.
b)   Phase 2 -The second phase of the Program, to be implemented in the next three (3)
years,  shall  include  all  registered  persons  with  disabilities,  who  have  either  no
income  or  have  low  levels  of  income,  and  persons  with  disabilities  who  face
disability-related extra costs which negatively affect adequate standard of living.
c)    Phase  3  -  The  third  phase,  to  be  realized  in  six  (6)  years  after  the  start  of the
Program's implementation, shall endeavor to progressively cover all persons with
disabilities.
Section     5.     Coverage  -  All  persons  with  disabilities,  as  certified  under  the  Disability
Assessment and  Determination  System  that  is  based  on  a  human  rights  approach,  shall  be
covered by the provisions of this Act. Priority shall initially be given to children with disabilities
and adults with significant disabilities who are facing the highest barriers and disability-related
costs.
However, the aim is to eventually cover all registered persons with disabilities who have
either no income or have low levels of income, as well as persons with  disabilities who face
disability-related extra costs which deprive them of an adequate standard of living.
Section    6.    ETl.gz.bl.Jz'ty  -  Eligibility  to  the  disability  support  fund  will  be  based  solely  on
Disability   Assessment   and   Determination   with   focus   on   functional   limitation,   support
requirements, and barriers to  participation,  irrespective of income, work status or access to
other social protection benefits.
In recognition of the multiple forms of poverty and the extent of disability-related costs
required for basic participation, eligibility of persons with disabilities to the disability support
fund  will  be  compatible  with  eligibility  and  benefits  from  different  social  protection  and
economic empowerment programs such as but not limited to the  Pantawid  Pamilya Pilipino
Program (4Ps) and Social Pension for Indigent Senior Citizens, the disability allowance acting as
a top-up for subsidizing disability-related costs.
PrioVI.did, That the DSWD, in consultation with the National Council on Disabilfty Affairs
(NCDA), may, in its discretion, adopt additional bases to achieve the objectives of this Act.
Sechon 7 . R®le Of National Council on Disability Affairs as Administrator for the Disability
Swpport Fund -The National Council on Disability Affairs (NCDA) shall be the administrator of
the Disability Support Fund. In partnership with organizations of persons with disabilities, all
concerned government agencies, local government units thru  Persons  with  Disability Affairs
Office  (PDAO),  and  non-government  organizations,  shall  implement  programs  and  services
targeting persons with d isabilities.
All  policies  concerning  programs  and  services  for  persons  with  disabilities  shall  be
reviewed and enhanced for clarity of operationalization at the local level.
Section  8. Dl'sobl.JI.ty Data Management System - To effectively implement social protection
measures targeting persons with disabilities, a Disability Data Management System shall be put
up and shall be linked to the Community-Based  Monitoring System  (CBMS)  of the Philippine
Statistics Authority  CPSA)  which aid  in  the development of poverty-reduction programs from
local to  the  national  level.  Linkage to  the National  ID  System, and  the  Department of Health


(DOH) Persons with Disability Registry, which is mirrored with the PhilHealth Database System,
shall also be done to provide real-time disability data,
Section  9.  Poll.ey on DI.sabl.Jfty Jdentr.ficatl.on Cards - The issuance of Disability Identification
Cards pursuant to Republic Act No. 7277, otherwise known as the `Magna Carta for Persons with
Disabilities', as amended, along with  other  relevant laws, administrative issuances and  ]oca]
ordinances,  shall  incorporate  the  information  necessary  for  the  granting  of  the  monthly
disability support allowance to eligible persons with disabilities.
Section 10.  Penal Provl-sl.ons - The penalties shall apply to the following:
a)   Any  PWD,  or  his/her  parent  or  his/her  relative  of any  degree  of consanguinity  or
affinity, or any third person found to be deliberately committing any fraudulent act of
enrolling  a  PWD  to  the  program  when  said  person  is  not  indigent shall  suffer  the
following:
i.      For  the  first  violation,  a  fine  of  not  less  than  Twenty-five  Thousand  pesos  (P
25,000.00) but not exceeding Fifty Thousand pesos (P 50,000.00); and,
ii.     For  any  subsequent  violation,  a  fine  of  not  less  than  Fifty  Thousand  pesos  (P
50,000.00) but not exceeding One Hundred Thousand pesos (P 100,000.00).
ProVI.ded.. That the penalties in this sub-section shall not be imposed upon persons who
are not indigent in the Third  Phase of the implementation  of the Program subject to
Section 4 paragraph (c) of this Act.
b)   Any person, natural or juridical, violating any provision of this Act and its lmplementing
Rules  and  Regulations  (IRR),  except  violations  pertaining  to  Subsection  (a)  of  this
Section,  shall  be  penalized  with  a  fine  of  not  less  than  Fifty  Thousand  pesos  (P
50,000.00)  but  not  exceeding  One  Hundred  Thousand  pesos  (P  100,000.00).  If  the
violator is a corporation, organization or any similar juridical entity, the officials directly
involved and responsible shall be liable therefor.
Section 11.  Nonl'tori'ng -The NCDA, in collaboration with representatives of the organizations
of persons with disabilities, is hereby tasked to convene an Inter-Agency Committee (IAC) to
make an annual assessment of the implementation of this Act.
Section 12. 4ppropn.atr.ons -The amount necessary for the implementation of this Act shall be
included in the Annual General Appropriations Act (GAA) of the year following its enactment
into  law and  thereafter.  The  initial  amount of which  shall  be  determined  by the  DSWD,  the
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 fulfillment of the progressive realization principle.
Section  13. Jmplementing RUJes and Regulatr.ons - Within one hundred and twenty (120)
days from the effectivity of this Act, the DSWD in consultation with the NCDA, the Department of
Interior and Local Government (DILG), DOH, PSA, organizations of persons with disabilities, and
other  relevant  stakeholders  from  government  agencies  and  non-government  organizations,
shall issue the necessary rules and regulations to implement the provisions of this Act.
Section  14.   Report to  Congress - The  DSWD  and  NCDA  shall  annually submit a  report to
Congress  on  the  status  of the  implementation  of  this  Act  for  the  purpose  of  review  and
recommendation of additional measures necessary for the attainment of the objectives of this
Act.


Section 15.  SxppJetory Crduse -The provisions of Republic Act No. 7277, otherwise known as
the  `Magna  Carta  for  Persons with  Disabilities,  as  amended  by  Republic  Act  No.  10754  and
Republic Act No. 9442, shall have suppletory effect to the provisions of this Act.
Section   16.      Separabl.Jjty   CTause   -   If  any   provision   of  this   Act   is   held   invalid   or
unconstitutional, the remainder of the law or the provisions not otherwise affected shall remain
valid and in effect.
Section  17.   Repealing G[ause - Any law,  presidential  decree  or issuance, executive  order,
letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the
provisions of this Act is hereby repealed, modified, or amended accordingly.
Section 18.  E#ectr.vl.ty Grd"se - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in two (2) newspapers of general circulation.
Approved.