EIGHTEENTH CONGRESS OF THE 
) 
I^EPUBLIC OF THE PHILIPPINES 
)
Regular Session 
)
SENATE 
S- No'.___ U 8
ij( till’ ^ p trrtsrji
*19 JUL-2 PI :39
Introduced by SENATOR LEILA M. DE LIMA
AN ACT
CREATING THE NATIONAL COMMISSION ON DISABILITY AFFAIRS, 
DEFINING ITS POWERS, FUNCTIONS AND RESPONSIBILITIES AND 
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Article XIII, Section i of the 1987 Philippine Constitution provides that Itjhe 
Congress shall give highest priority to the enactment of measures that protect and 
enhance the right of all the people to human dignity, reduce social, economic, and 
political inequalities, and remove cultural inequities by equitably diffusing wealth and 
political power for the common good.”
Given the various social, physical, and economic challenges that the Persons 
with Disabilities (PWD) face, policies on PWDs should be geared towards a rights- 
based approach to disability that provides a comprehensive understanding of 
disability; obligates the State to address the needs of PWDs by strengthening 
accountability; and upholds the full participation of the PWDs in society. These will 
entail the transformation of existing structures into systems that will be inclusive to 
PWDs.
Despite the existence of a good number of lawrs concerning the welfare of the 
PWDs, many still do not have access to basic needs such as healthcare, education, 
employment, and the proper interventions required of their disability. It is a fact that 
PWDs are prone to economic deprivation because of three main reasons: First, PWDs 
have lower earning capacity. Second, expenses attributable to disability create an extra


drain on resources, and Third, assistance and caring by other family members can 
reduce available household labor. 1
As of date, there is no single, comprehensive database on PWDs in the 
Philippines, thus, the need to establish one. We do not even have a definitive estimate 
of the PWD population. This shows how the PWD sector is often given low priority 
and/or is even completely excluded from official statistics. This is evident in the 
exclusion of the PWD sector in the census conducted by the Philippine Statistics 
Authority (PSA) in 2015.2 3 4 5 This, despite the Philippines being a signatory to the United 
Nations Convention on the Rights of PWDs (UNCRPD) which, under Article 31 
thereof, directs State parties to “collect appropriate information, including statistical 
and research data” on disability.3
The last official survey on PWDs in the Philippines was conducted in 2010 
which pegged the number of PWDs at 16 for every 1,000 Filipinos. The survey showed 
that of the 92.1 million household population in the country, 1,443,000 or 1.57 percent 
had disability. It also said that 3 out of every 5 PWDs belong to the working age group. 
(PSA, 2013)4
In addition, based on the result of the LISTAHANAN second round of 
assessment implemented in 2015 by the Department of Social Welfare and 
Development (DSWD) covering 5.5 million targeted poor families or 28.7 million 
people, 1.1% of the total targeted poor population or 313,574 are persons with 
disability.5
The lack of authoritative information on disability and significant demographic 
and socio-economic data about the PWD sector could be one of the hindrances to the
1 G le n d in n in g , C. & . (1 9 8 8 ). T h e  c o s ts  o f  d is a b ility . In R. 81. (E ds.), Money matters: Income, wealth and financial 
welfare. L o n d o n : Sage.
2 P h ilip p in e  S ta tis tic s  A u th o rity .(2 0 1 3 , J a n u a ry  1 3 ).P e rso n s w ith  D is a b ility  in  th e  P h ilip p in e s  (R e s u lts  fr o m  th e  
2 0 1 0  C e nsus). R e trie v e d  fr o m  h ttp s ://p s a .g o v .p h /c o n te n t/p e rs o n s -d is a b ility -p h ilip p in e s - re s u lts -2 0 1 0 -c e n s u s
3 A r tic le  3 1 , U n ite d  N a tio n s  C o n v e n tio n  o n  th e  R ig h ts  o f P e rso n s w ith  D is a b ility  (U N C P R D ), U n ite d  N a tio n s  
H u m a n  R ig h ts O ffic e  o f  th e  C o m m is s io n e r. R e trie v e d  fr o m
h t t p s : / / w w w .0h c h r.0rg /E N /H R B0d ie s /C R P D /P a g e s /C0n v e n ti0n R ig h ts P e rs0n s W ith D is a b ilitie s .a s p x#8
4 M a n ju la  M a re lla , A . D. (2 0 1 6 ). R a p id  a s s e s s m e n t o f d is a b ility  in  th e  P h ilip p in e s : u n d e rs ta n d in g  p re v a le n c e , 
w e ll-b e in g , a n d  access t o  th e  c o m m u n ity  fo r  p e o p le  w ith  d is a b ilitie s  to  in fo rm  th e  W -D A R E  p ro je c t. Population 
Health Metrics.
5 PSA. (2 0 1 3 , J a n u a ry  10). R e trie v e d  fr o m  p s a .g o v .p h : h ttp s ://p s a .g o v .p h /c o n te n t/p e r s o n s - d is a b ility -  
p h ilip p in e s -r e s u lts -2010-ce n su s


adoption of integrated policies and programs for PWDs. It also remains to be one of 
the major challenges towards disability inclusion in the society and the economy.
This bill seeks to establish the National Commission for Disability Affairs to 
replace the National Council for Disability Affairs. As a Commission, it shall be able to 
further strengthen its role as the primary agency responsible for the implementation 
of policies aimed at fulfilling the rights of the PWD sector.
The Commission shall address the lack of comprehensive data on PWDs which 
is the vital key for policy formulation, by leading the conduct of a National Registration 
Program for Persons with Disabilities through the Philippine Statistics Authority, 
upon which guidelines will be provided in consultation with partner agencies such as 
the Department of Health, and other experts in the field.
The Commission will also oversee and recommend measures for the effective 
conduct of a comprehensive assessment program on a provincial, city and municipal 
level, again in consultation with partner agencies such as the Department of Health 
and other experts in the field.
The National Commission for Persons with Disabilities shall also serve as the 
main research arm of the government on PWD concerns and central repository of data 
on the sector.
The establishment of the Commission aims to address the following gaps:
(a) The need for more inclusionary/enabling measures to fulfil the multi­
dimensional needs of PWDs beyond schooling, to include their work 
productivity and well-being;
(b) Conduct of a prevalence study to ensure that there is a clear demographic 
profile of PWDs in the country according to disability type, age and other 
aspects. The absence of this study may be hindering the passage of bills to build 
on current milestones; and
(c) A rights-based approach to disability that recognizes that the barriers hindering 
PWDs from enjoying their rights are not their disabilities, but attitudinal and 
environmental barriers created by society, such as discriminatory policies and 
practices. A rights-based approach will focus on the elimination of these 
barriers.


As it seeks to address the aforementioned gaps, the Commission will be 
mandated to uphold the rights and welfare of the Persons with Disabilities sector 
through its larger and stronger capacity to monitor the implementation of programs 
and policies on disability, identify the needs of the sector, and recommend policy 
measures to address such needs.
In view of the foregoing reasons, the immediate approval of this bill is earnestly
sought.
LEILA M. DE LIMA


EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s. No: 
; | R R
® r ;i.7T 
of Il)i' iSrrrcfdi P
*19 
JUL -2 P1 :40
received BV
Introduced by SENATOR LEILA M. DE LIMA
AN ACT
CREATING THE NATIONAL COMMISSION ON DISABILITY Al l AIRS, 
DEFINING ITS POWERS, FUNCTIONS AND RESPONSIBILITIES AND 
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
1 
Section, i. Short Title. — This Act shall be known as the “National Commission
2 
on Disability Affairs Act of 2019”.
3 
Sec. 2. Declaration of Policy. -  The State guarantees full respect for the rights
4 
of every human being, regardless of his/her status in life. Likewise, the State
5 
recognizes that persons with disabilities (PWDs) are entitled to the same rights as
6 
persons without disabilities. It is also the policy of the State to give highest priority to
7 
the enactment of measures that will protect, support, and promote the rights of
8 
persons with disabilities.
9 
Sec. 3. Creation of the National Commission on Disability Affairs. — There is
10 
hereby created the National Commission on Disability Affairs, hereinafter referred to
11 
as the Commission. The Commission shall be independent, autonomous and shall
12 
have the same status as that of a national government agency attached to the Office of
13 
the President.
14 
Sec. 4. Mandate. — The Commission is the central national government agency
15 
that attends to the needs of persons with disabilities, providing them the necessary
16 
services, supervision, regulation and guidance in the pursuit of their welfare and well-


1 
being. Likewise, the Commission is the lead policy-making, planning, monitoring, and
2 
coordinating body that develops, formulates and implements programs for the
3 
prevention of the causes of disability and rehabilitation and equalizing of
4 
opportunities in the concept of rights-based society for persons with disabilities.
5 
Sec. 5. Powers and Functions. -  The Commission shall exercise the following
6 
powers and functions to carry out its mandate:
7 
(a) Ensure that the status, rights, welfare, and interests of persons with
8 
disabilities are upheld, in accordance with the Constitution;
9 
(b) Formulate policies and propose legislations concerning the rights and well-
10 
being of persons with disabilities, and lead in the implementation of
11 
programs and services concerning the same;
12 
(c) Conduct consultative meetings and symposia with all stakeholders, and
13 
undertake 
program 
evaluation 
and 
monitoring to ensure that
14 
comprehensive, relevant and timely programs and services are adequate
15 
and accessible to persons with disabilities;
16 
(d) Identify and address gaps in the implementation and enforcement of
17 
domestic laws and international commitments benefitting persons with
18 
disabilities;
19 
(e) Conduct relevant researches and studies for policy formulation to promote
20 
and enhance, at all levels, the rights of persons with disabilities;
21 
(f) Establish, develop, and maintain a data bank on disability through a
22 
National Registry of PWDs which shall be obtained through the National
23 
Registration Program for PWDs, on a provincial, city, and municipal -wide
24 
level, 
in partnership with concerned government agencies and non-
25 
governmental organizations and strengthen referral services to ensure
26 
availability of data and stakeholders and services to persons with disabilities
27 
including provision of assistive devices;
28 
(g) Establish and maintain linkages and networking with local and
29 
international organizations, including organizations of and for persons with
30 
disabilities to generate resources, maximize utilization of existing resources
31 
and achieve a level of convergence most beneficial to persons with
32 
disabilities;


1 
(h) Assist in the establishment of self-help organizations and the setting up of
2 
specific projects through the provision of technical and financial assistance
3 
to draw out the active participation of persons with disabilities in the social
4 
and economic development of the country;
5 
(i) Create, organize, restructure, and otherwise manage such offices of the
6 
Commission;
7 
(j) Provide guidance to Persons with Disability Affairs Offices (PDAO) of local
8 
government units for the expeditious and effective fulfillment of its mandate
9 
and for specific thematic and functional matters;
10 
(k) Submit annual reports to both Houses of Congress on the processes and
11 
implementation of policies; and
12 
0) Exercise such powers or perform such other functions as may be delegated
13 
or assigned by the President.
14 
Sec. 6. The Composition. -  The Commission shall be composed of the following
15 
members:
16 
(a) A Chairperson;
17 
(b) Seven (7) Commissioners each representing a specific disability, to wit:
18 
1. Learning and Intellectual Disabilities;
19 
2. Development Disabilities;
20 
3. Hearing Impairment;
21 
4. Visual Impairment;
22 
5. Physical and Mobility Impairments;
23 
6. Emotional/Behavioral Disorders; and
24 
7. Multi-handicaps.
25 
The seven (7) Commissioners shall be appointed by the President from among
26 
the list submitted by each disability sector they represent. The Chairperson shall also
27 
be appointed by the President from at least three (3) nominees submitted by all
28 
disability sectors. They shall serve for a term of six (6) years, without reappointment.
29 
The Chairperson shall have the rank and privileges of a department undersecretary,
30 
and the appointive commissioners shall have the rank and privileges of assistant
31 
secretaries of a department.
32 
Sec. 7. Duties and Responsibilities of the Chairperson. -  The Chairperson shall
33 
have the following duties and responsibilities:


1 
(a) Direct and supervise the affairs of the Commission in accordance with its
2 
policies, programs, rules and regulations;
3 
(b) Provide leadership direction and overall administration and management
4 
of the Commission;
5 
(c) Call and preside over the meetings of the Commission;
6 
(d) Monitor the implementation of policies approved by the Commission;
7 
(e) Sign communications for the Commission and represent the Commission,
8 
whenever necessary;
9 
(f) Solicit and accept, on behalf of the Commission, gifts, grants, or donations
10 
in accordance with government rules, regulations and policies;
11 
(g) Execute contracts in the pursuit of the Commission’s objectives as may be
12 
authorized by the Commission, in accordance with government rules and
13 
regulations; and
14 
(h) Organize permanent or ad-hoc committees, consisting of members of the
15 
Commission or such other experts as are deemed necessary for the fiill
16 
execution of the functions and objectives of the Commission.
17 
Sec. 8. Executive Director. -  The Chairperson shall be assisted by the Executive
18 
Director, who shall be appointed by the President upon the recommendation of the
19 
Chairperson. The Executive Director shall serve for a term of six (6) years, without
20 
reappointment, and shall have the rank and privileges of an assistant secretary of a
21 
department. He/she shall be responsible for managing the day-to-day affairs, activities
22 
and operations of the Commission, in accordance with the policies, standards, rules
23 
and regulations adopted and promulgated by the Commission. Likewise, the Executive
24 
Director shall have the following duties and responsibilities:
25 
(a) Advise and assist the Chairperson in the formulation and implementation
26 
of the objectives, policies, plans and programs of the Commission;
27 
(b) Implement policies, plans and programs approved by the Commission;
28 
(c) Exercise direct supervision, control, and disciplinary authority over all the
29 
organizational units placed under his/her jurisdiction, pursuant to existing
30 
civil service rules;
31 
(d) Prepare and submit to the Commission the annual report of operations of
32 
the Commission and such other reports as may be required by the
33 
Commission; and


1 
(e) Perform such other functions as may be provided by the Commission En
2 
Banc.
3 
Sec. 9. Deputy Executive Directors. -  The Executive Director shall have three
4 
(3) deputies: a Deputy Executive Director for Finance and Administration, a Deputy
5 
Executive Director for Policy and Programs, and a Deputy Executive Director for
6 
Information and Research. The Deputy Executive Directors shall be appointed by the
7 
President upon the recommendation of the Chairperson; Provided, that at least one (1)
8 
Deputy Executive Director shall be a career officer.
9 
Sec. 10. Qualifications. -  No person shall be appointed Chairperson, Executive
10 
Director, or Deputy Executive Director of the Commission unless he or she is a citizen
11 
and resident of the Philippines, of good moral character, of known probity, of proven
12 
integrity, and with at least seven (7) years of understanding, expertise, competence
13 
and experience in delivering services to persons with disabilities.
14 
Sec. 11. Divisions. -  To achieve the mandates stated above, the Commission
15 
shall have the following Divisions:
16 
(a) Finance and Administrative Division -  This Division shall be responsible
17 
for providing efficient and effective services relating to personnel,
18 
information, records, supplies, equipment, collection, disbursement,
19 
security and other matters.
20 
(b) Policy Formulation and Research Division -  The Policy Formulation and
21 
Research Division shall be responsible for the formulation of policy
22 
recommendations based on surveys, researches and studies relating to
23 
disability-related issues and concerns. In line with this, the Division shall
24 
undertake a continuing research, study and statistics updating on persons
25 
with disabilities issues, with the purposes of recommending reliable policy
26 
reforms, development programs, administrative and legislative measures
27 
that will address the economic, social and cultural rights of persons with
28 
disabilities and further enhance their quality of life. This Division shall be
29 
the repository of all processed data concerning disability topics and shall
30 
maintain a National Registry for PWDs.
31 
(c) Program and Project Division -  The Programs and Project Division shall
32 
plan, conduct and evaluate national programs on the prevention of the
33 
causes of disabilities and rehabilitation and equalization of opportunities.


1 
The Division shall provide technical assistance through trainings and other
2 
related activities concerning disability. It shall likewise develop strategic
3 
framework, guidelines and standards on program/project development,
4 
management, monitoring and evaluation.
5 
The Division may create sectoral and Industry Task Forces, technical
6 
working groups, advisory bodies or committees for the furtherance of its
7 
objectives. Additional private sector representatives, such as from the
8 
academe, civil society organizations, federation of private industries directly
9 
involved in persons with disabilities as well as representatives from LGUs
10 
and government-owned and controlled corporations (GOCCs) may be
11 
appointed by these working groups. Government disability affairs
12 
professionals may also be tapped to partake in the work of the Commission.
13 
id) Public Information Division — The Public Information Division shall
14 
develop and maintain a public information system, and such facilities that
15 
would educate and orient the public regarding the Commission’s policies
16 
and advocacies. It shall advocate, communicate and disseminate national
17 
and regional plans, policies, thrusts and priorities of the Commission. This
18 
Division shall coordinate closely with the Policy Formulation and Research
19 
Division in maintaining a National Registry of PWDs.
20 
Sec. 12. Establishment of Regional Offices. -  There shall be Regional Offices for
21 
the NCDA. Each Regional Office shall be headed by a Regional Manager who shall
22 
supervise the official activities of all provinces, cities and municipalities under the
23 
jurisdiction of the concerned Regional Office. He/she shall be the primary
24 
coordinating and overseeing authority over the Persons with Disability Affairs Office
25 
(PDAO) duly established by local government units (LGUs).
26 
A Regional Office for PWDs shall have, within its administrative region, the
27 
following functions:
28 
(a) Implement laws, rules and regulations, policies, plans, programs and
29 
projects of the Commission;
30 
(b) Increase the efficiency, effectiveness, and synchronicity of the Commission
31 
through coordination with local government units;


1 
(c) Coordinate with the LGUs and ensure that each has its established PDAO or
2 
has designated Focal Persons for the fourth (4th), fifth (5th), and sixth (6th)
3 
class municipalities; and
4 
(d) Perform such other functions as may be assigned by the Commission.
5 
Sec. 13. Advisory Council. - There shall be an Advisory Council which shall be
6 
composed of the Chairperson of the Commission, as Chairperson; the Secretaries of
7 
the Department of Health (DOH); the Department of Social Welfare and Development
8 
(DSWD); the Department of Education (DepEd); the Department of Labor and
9 
Employment (DOLE); the Department of Transportation (DOTr); the Department of
10 
Public Works and Highways (DPWH); the Department of Interior and Local
11 
Government (DILG); the Chairperson of the Commission on Higher Education
12 
(CHED); the Director General of the Technical Education and Skills Development
13 
Authority (TESDA); and the Chairpersons of the Senate Committee on Social Justice,
14 
Welfare and Rural Development and the House of Representatives Committee on
15 
Social Services. The Secretaries mentioned are authorized to designate an
16 
Undersecretary to represent them.
17 
The Council shall meet once every three (3) months, or as often as may be
18 
necessary, upon call of its Chairperson. It shall advise and be consulted by the
19 
Commission on important matters relating to the Commission’s mandate. The Council
20 
may form task forces which shall convene between the meetings of the Council. The
21 
Commission shall provide the technical support required by the Council to function
22 
according to this Act.
23 
Sec. 14. Annual Report. -  The Commission shall prepare an annual report on
24 
the findings of its monitoring activities with regard to the state of the country’s
25 
compliance with its international obligations concerning persons with disabilities. The
26 
report shall include, but not be limited, to the following:
27 
(a) Identification of causes that result in the increase or decrease in the number
28 
ofPWDs;
29 
(b) Assessment of the legal mechanisms of existing institutions in providing
30 
adequate protection and services for PWDs;
31 
(c) Recommendations for legal, legislative, and institutional reforms for greater
32 
promotion and protection of the rights of PWDs;


1 
(d) Statistics and data indicating the total number of PWDs in the country as
2 
culled from the National Registry for PWDs, in coordination with other
3 
government agencies.
4 
Sec. 15. Disability Support Fund. -  A Disability Support Fund shall be
5 
established under this Act. It shall make funds available for individuals with
6 
disabilities to access rehabilitation and disability support services, and to support
7 
disability-related activities at the local community through programs and projects of
8 
the local government units and civil society organizations.
9 
The fund shall be sourced from the operations of the Philippine Charity
10 
Sweepstakes Office (PCSO), Philippine Amusement and Gaming Corporation
11 
(PAGCOR), one (1) percent from the collections arising from the Sin Tax and
12 
amusement taxes collected by other national and local government agencies, and
13 
contributions from the private sector.
14 
Sec. 16. Transitory Provisions. -  The National Council on Disability Affairs
15 
(NCDA) is deemed abolished upon the creation of the Commission. All the powers,
16 
functions, assets, liabilities, capital, accounts, contracts, equipment, and facilities of
17 
the NCDA which are owned by the government, shall be transferred to the
18 
Commission.
19 
All regular or permanent employees of the NCDA shall be absorbed or
20 
transferred to the Commission: Provided, that they possess the necessary
21 
qualifications, and shall not suffer any loss of seniority or rank or decrease in salaries
22 
and emoluments.
23 
Employees separated from the service as a result of the abolition of the NCDA
24 
imder the provisions of this Act shall, within three (3) months from their separation
25 
from service, receive a separation pay in accordance with existing laws, rules and
26 
regulations. In addition, those who are qualified to retire shall be allowed to retire and
27 
be entitled to all benefits provided under existing retirement laws. The funds of the
28 
Commission may be used for this purpose.
29 
Employees separated and/or retired from the NCDA shall not be eligible for
30 
reappointment to or employment in the Commission, whether on a permanent.


1 
temporary, casual or contractual status within a period of three (3) years after
2 
separation or retirement.
3 
The Chairperson shall recommend to the Commission a work program that
4 
shall include the organizational plan and structure, staffing pattern and compensation
5 
plan, budget, programs, projects and activities of the Commission within ninety (90)
6 
days from the approval of this Act. Said work program shall be implemented by the
7 
Chairperson within thirty (30) days after its approval by the Commission.
8 
Sec. 17. Appropriations. -  The funds needed to initially implement this Act
9 
shall be included in the current fiscal year’s appropriation of the National Council on
10 
Disability Affairs. Thereafter, the amount needed for the operation and maintenance
11 
of the Commission shall be included in the General Appropriations Act.
12 
Sec. 18. Implementing Rules and Regulations. -  Within sixty (60) days from
13 
the approval of this Act, the Commission and other relevant government agencies,
14 
shall promulgate the necessary rules and regulations for the effective implementation
15 
of this Act.
16 
Sec. 19. Separability Clause. -  Should any provision herein be declared
17 
unconstitutional, the same shall not affect the validity of the other provisions of this
18 
Act.
19 
Sec. 20. Repealing Clause. -  All laws, decrees, orders, rules, and regulations or
20 
other issuances or parts inconsistent with the provisions of this Act are hereby
21 
repealed or modified accordingly.
22 
Sec. 21. Effectivity. -  This Act shall take effect fifteen (15) days after its
23 
publication in the Official Gazette or in any two (2) newspapers of general circulation
24 
in the Philippines.
Approved,