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~ RECEIVED

Bini. JUL 1
Republic of the Philippines bare bi)

HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO, 2216

,RODUCED BY HON, ROB!

) “ROBBIE” V, PUNO.

EXPLANATORY NOTE

The State recognizes the youth’s value in nation-building and thus seeks to
promote and protect their physical, moral, spiritual, intellectual, and social well-
being. Despite their disabilities and impairments, children and youth with
disabilities are entitled to the same protection and promotion. Indeed, children
and youth with disabilities have the capacity to become valuable members of
society. This is, however, possible only through much needed timely assistance
and intervention of the State through rehabilitation and other welfare services.

Republic Act No. 7277, otherwise known as the Magna Carta of Disabled
Persons, declares as a State policy the importance of rehabilitation in fostering a
person with disability’s capability to attain a more meaningful, productive and
satisfying life. But while this policy has resulted in rehabilitation centers in each
provincial hospital, many poor families are still unable to avail of these services
due to its high cost and lack of easily accessible facilities. At present, only cities
with funds are able to provide free rehabilitation services through Simulation and
Therapeutic Centers that cater specifically to children with disabilities.

This bill seeks to enhance community rehabilitation services first
introduced in the Magna Carta of Disabled Persons by allocating funds for the
establishment of rehabilitation centers in each city and municipality and satellite
centers in barangays. These centers shall provide free comprehensive
rehabilitation services to children and youth with disabilities.

For the aforementioned reasons, immediate passage of this

ROBERTO“ROBBIE” V. PUNO.


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 0216

INTRODUCED BY HON. ROBERTO “ROBBIE” V. PUNO

AN ACT ESTABLISHING CITY AND MUNICIPAL REHABILITATION
CENTERS FOR CHILDREN AND YOUTH WITH DISABILITIES

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

SEC. 1. Title. — This Act shall be known as the “Children and Youth
with Disabilities Empowerment Act.”

SEC. 2, Declaration of Policy. — The State promotes and protect the
youth’s physical, moral, spiritual, intellectual and social well-being in recognition
of their vital role i nation-building. The State also recognizes that children and
youth with disabilities, despite their disabilities and impairments, may contribute
to society but only with the timely assistance and intervention of the State through
rehabilitation and other welfare services. The State recognizes that children and
youth with disabilities have capacity to evolve and to attain a more meaningful,
productive and satisfying life. To this end, the State shall, as a policy, provide
quality, affordable and geographically accessible early rehabilitation services to
children and youth with disabilities in city and municipal rehabilitation centers.

SEC. 3. Objectives. — Pursuant to the above declaration of policies, the
State adopt the following objectives:

a.) Provide quality and comprehensive rehabilitation services to assist
children and youth with disabilities in maintaining and recovering their overall
living functions under an integrated system that provides services ranging from
medical to vocational training.

b.) Establish rehabilitation centers in each city and municipality to
provide free and geographically accessible basic rehabilitation services to
indigent children and youth with disabilities.


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¢.) Provide assessment as well as rehabilitation services to children and
youth with disabilities as early as possible to immediately address a disabled
child’s developmental, health and support needs.

d.) Promote independence and social participation of children and youth
with disabilities through early intervention and rehabilitation that capacitates
them to face social barriers.

SEC. 4. Definition. — For purposes of this Act, the following terms
shall mean:

a.) Person with disabilities (PWDs) — refer to persons suffering from
restrictions of different abilities, as a result of mental, physical or sensory
impairment in performing an activity in the manner or within the range
considered for a normal human being;

b.) Children with disabilities (CWDs) — refer to PWD below eighteen
(18) years of age who have disabilities and those over 18 but with mental capacity
as that of a child;

¢.) Youth with disabilities (YWDs) — refer to persons eighteen (18) to
thirty-five (35) years old who have disabilities;

d.) Disability — refers to an activity limitation or restriction as a result
of the interaction between persons with impairments and attitudinal and
environmental barriers that hinders their full and effective participation in society
on equal basis with others;

f£.) Impairment — refers to any loss, diminution or aberration of
psychological, physiological, or anatomical structure or function;

e.) Social Barriers — refer to the characteristics of institutions, whether
legal, economic, cultural, or recreational; any other human group; community; or
society which limit the fullest possible participation of PWDs in the life of the
group. Social barriers include negative attitudes which tend to single out and
exclude those with disabilities and which distort roles and inter-personal
relationships;

f£) Rehabilitation — refers to an integrated approach to physical,
psycho-social, cultural, spiritual, educational and vocational measures that create
conditions for the individual to attain the highest possible level of functionality
ability;


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g.) Community Based Rehabilitation — refers to rehabilitation services
and benefits expanded beyond the traditional urban-based centers to community
based programs;

h.) Early Intervention — refers to sment, diagnosis and treatment of
a person’s disability in the early stages of his or her development;

i.) Inclusive Education — refers to the right of all CWDs and YWDs to
adequate access to quality education that meets basic learning needs taking into
consideration the special requirement of CWD and YWD with respect to the use
of school facilities, class schedules, physical education requirement, auxiliary
services and other pertinent considerations.

J.) Rehabilitation Center — refers to a facility in each city or
municipality that offers free basic rehabilitation services to CWDs and YWDs,
including but not limited to assessment and diagnosis of disability or impairment;

k.) Satellite Centre — refers to a facility in a barangay that offers
community-based rehabilitation programs, which facility is directly supervised
by the pertinent Rehabilitation Centre in the city or municipality.

1) Host Local Government Unit (LGU) refers to a city or
municipality; or barangay where a Rehabilitation Center or Satellite Centre is
established;

m.) Persons with Disability Affairs Office (PDAO) —the unit of the Host
LGU created pursuant to Republic Act No. 10070 that formulates and implements
policies, plans and programs for the promotion of the welfare of PWDs in
coordination with the concerned national and local government agencies;

n.) PWD Focal Person —the person designated by the Host LGU, which
is a fourth, fifth or sixth class municipality, to carry out the duties of a PDAO, in
consideration of budget restraints that prohibit the establishment of a separate
disability affairs office.

0.) Indigent — a person who has not visible means of income, or whose
income is insufficient for the subsistence of his family, as identified by the
Department of Social Welfare and Development (DSWD) based on a specific
criteria set for this purpose.

SEC. 5. Establishment of Rehabilitation Centers. — Early
intervention for CWDs and YWDs shall only be realized through the provision
of readily accessible rehabilitation services. To this end, the Department of Health
(DOR), in coordination with the Host LGUs, shall undertake the establishment

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of Rehabilitation Centers to serve each city and municipality in the Philippi
In order to facilitate community-based rehabilitation programs, satellite facil
may be established in municipalities and barangays, as may be necessary.

Within one hundred twenty (120) days from the effectivity of this Act, the
DOH in consultation with the Department of Interior and Local Government
(DILG), the Department of Public Works and Highways (DPWH) and the
different local government units, shall come out with the list of priority areas,
taking into account the commitment of the local government units in the
establishment and maintenance of Rehabilitation Centers.

SEC. 6. ‘Site. — The establishment of the Rehabilitation Centers shall
be an integral part of the development plan of each local government unit and the
location of the same shall be determined based on data on CWDs and YWDs,
provided by the DOH and the local health office; Provide, That the Rehabilitation
Center may be located in an accessible existing structure and the facilities and
equipment identified and provided by the host LGU.

SEC. 7. Role of Host LGU; Staff Complement — The DOH shall turn-
over to the Host LGU the established Rehabilitation Centre for operation and
management. The Host LGU’s PDAO shall supervise and exercise oversight over
the Rehabilitation Center and Satellite Center within the Host LGU’s territorial
jurisdiction,

The local chief executive, upon recommendation of the PDAO or PWD
Focal Person, shall appoint or designate social workers and health workers as
staff members, as well as other personnel who possess the necessary professional
qualifications: Provided, That each Rehabilitation Center shall have the following
staff complement:

a.) At least one (1) Physician, preferable a Physiatrist or Development
Pediatrician, who shall assess and diagnose a CWD or YWD.

b.) At least one (1) Physical Therapist, who will be or is trained in
occupational therapy.

c.) At least one (1) Special Education Teacher;

d.) Social Workers and Barangay Health Workers;

The Host LGU shall determine the staff complement in Satellite Centers.
The Host LGU may call upon members of the community to provide
medical, education and other services and facilities for the beneficiaries.

SEC. 8. Functions of the Rehabilitation Centers. — The
Rehabilitation Centers shall carry out the following functions:


a. Physical Rehabilitation — The Rehabilitation Centers shall render
regular physical and/or occupational therapy sessions to CWDs and YWDs for
the improvement of their physical condition, mobility and cognitive skills.

b. Social Rehabilitation — The Rehabilitation Centers shall provide
regular counselling and social enhancement activities. The YWDs may be
grouped together and provided with organizational development trainings for the
formation of their own advocacy association for PWDs.

c. Education Component — The Rehabilitation Centers shall enable the
CWDs or YWDs to attend regular schools for inclusive education.

d. — Psycho-social Component The Rehabilitation Centers shall
provide self-development training opportunities such as personality development,
career development, job and internship coaching and orientation for potential
employers.

e. Training for Parents, Guardians and Carers - The Rehabilitation
Centers shall provide training for parents, guardians and carers of CWDs and
PWDs and other volunteers on how to properly take care of CWDs and PWDS,
including basic exercises for these children and youth that may be done their own
homes to ensure continued therapy.

e. _ Information and Resource Center — The Rehabilitation Centers shall
also serve as information centers for the rights and incentives accorded to PWDs.
Disability-related documents, materials and data shall be made available in
accessible formats.

SEC.9. Referral Fees. — The Rehabilitation Centers shall offer its
services for free to indigent CWDs and YWDs. CWDs and YWDs who do not
qualify as indigent can avail of the services for a minimal fee, based on the fees
prescribed by the DOH in the implementing rules and regulations of this Act.
Fees collected shall accrue as revenue of the Host LGU and shall be utilized only
for the operation and maintenance of the Rehabilitation Centers and Satellite
Centers within the Host LGU’s territorial jurisdiction, and salary of staff
complement.

SEC. 10. Capacity Building of Barangay Health Workers.—The DOH
and DSWD, shall be responsible for disseminating information and providing
training programs to the Host LGUs. The Host LGUs, with the technical
assistance of the DOH and DSWD, shall be responsible for the training of social
workers, barangay health workers and other volunteers. Provided, further, That
the national government shall provide additional and necessary funding and other
necessary assistance for the effective implementation of this provision including

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the possible provision of additional honoraria for social workers and barangay
health workers,

SEC. 11. Partnership. - The Host LGU may collaborate with non-
government organizations, educational institutions and other stakeholders for the
provision of support services.

SEC.12. Tax Exemption. — All grants, endowments, donations and
contributions to the Centers for their actual, direct and exclusive use shall be
exempt from donor’s tax and the same shall be allowed as deductions from the
donor’s gross income for purposes of computing the taxable income of the donor
in accordance with the provisions of the National Internal Revenue Code of 1997,
as amended.

SEC. 13. Implementing Rules and Regulations— The DOH, in
coordination with the Department of Interior and Local Government, the DSWD,
the National Council on Disability Affairs, the League of Provinces, the League
of Cities and the League of Municipalities; and in consultation with non-
government organizations advocating the rights of persons with disabilities, shall
promulgate the necessary implementing rules and regulations within sixty (60)
days after this Act takes effect.

SEC. 14. Appropriations. - The amount necessary for the initial
construction, establishment or repair of the rehabilitation centers as well as for
the initial operational expenses of the same shall be included in the Annual
General Appropriation Act. The Host LGUs shall set aside funds from any
available local revenue in an amount deemed appropriate by the local officials
concerned for the operation and maintenance of the Rehabilitation Centre and
Satellite Center. Provided, That the national government shall provide additional
and necessary funding and assistance for the effective implementation of this Act.

SEC.15. —_ Separability. — Should any provision of this Act be declared
invalid or unconstitutional, the validity or constitutionality of the other provisions
shall not be affected thereby.

SEC. 16. Repealing Clause. — All laws, decrees, letters of instructions,
resolutions, orders, ordinances or parts thereof which are inconsistent with the
provisions of this Act, are hereby repealed, amended, or modified accordingly.

SEC. 17. Effectivity Clause. — This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation.

Approved