Republic of the Philippines

HOUSE OF REPRESENTATIVES
: SS pyre. FEB 18 2020
echo ime oa
EIGHTEENTH CONGRESS : pat,
First Regular Session gy

House Bill No. __6317

Introduced By Representative
FLORIDA “RIDA” P. ROBES

EXPLANATORY NOTE

It is a policy of the State under the 1987 Constitution of the Philippines to protect the rights
of Persons with Disabilities and promote their welfare and development.

The National Council on Disability Affairs (NCDA), in its present state, is the national
government agency with a mandate to formulate policies and coordinate all interventions
pertaining to the protection and promotion of the rights and welfare of Persons with Disabilities.
It is further tasked to monitor the implementation of all disability related to local and national laws
as well as the compliance of the country in international covenants disability issues.

‘The history of the government's intervention on disability matters started with the creation
of the National Commission Concerning Disabled Persons by virtue of Presidential Decree No.
1509 issued by former President Ferdinand Marcos. The Commission was composed of the heads
of several national government agencies and representatives from the private and disabled sectors.
Then, by virtue of Executive Order No. 123 dated 30 January 1987 signed by former President
Corazon C. Aquino, the Commission was replaced by the National Council for the Welfare of
Disabled Persons and attached to the Department of Social Welfare and Development, with
structure and functional organization deemed necessary for effective and efficient delivery of
services to PWDs. The Council was transferred from DSWD to the Office of the President when
Executive Order No. 676 was issued by former President Gloria Macapagal Arroyo on October
25, 207, but DSWD served as the oversight arm of the president. Later, with the issuance of
Executive Order 709, NCWDP was renamed as NCDA and attached to the Office of the President.
During the administration of former President Benigno Aquino III, NCDA was transferred from
the President to the DSWD.



Carefully examining the present structure of the Council, the administration of its affairs
is quite ambiguous. The organization and administration of the main office tasked to oversee and
implement the laws relating to the empowerment of Persons with Disabilities must be clearly
defined and made responsive to the present time.

It should be given some sort of independence and autonomy. Also, there is the dire need to
expand its powers and functions in order to fully respond to the needs of the sector. Persons with
disabilities must actively engage in all activities, programs and projects that will benefit them.
They should not just be recipients or passive agents, but as active actors. They must be given the
opportunity to do things for themselves.

This is the idea of inclusivity.

No person can determine what the PWDs need but themselves. "Nothing About Us Without
Us!" (Nihil de nobis, sine nobis) is a slogan used by Persons with Disabilities which means that no
policy should be decided without the full and direct participation of members of the group affected
by that policy. Persons with Disabilities can very well step up to take positions of governance.

In terms of leadership, many of them have the capacity to contribute to nation building.
This is why, from its present name, the Council shall become the National Commission on the
Empowerment of Persons with Disabilities. Now is the opportune time to trust them with this noble
undertaking.

In view of the foregoing, the immediate approval of this proposal is eamestly sought.

FLORIDA IDA” P. ROBES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 6317

Introduced by Representative
FLORIDA “RIDA” P. ROBES

AN ACT
CREATING THE NATIONAL COMMISSION ON THE EMPOWERMENT OF
PERSONS WITH DISABILITIES, 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:

SECTION 1, Title. This Act shall be known as the “National Commission on the
Empowerment of Persons with Disabilities Act of 2020”.

SECTION 2. Declaration of Policy. It is henceforth the policy of the State to protect and
promote the rights and well-being of Persons with Disabilities by giving full support to the
improvement of their total well-being and their inclusion into the mainstream of society
through the formulation and adoption of programs and policies that will ensure their active
participation and involvement in endeavors that address their needs and concerns as well
as removing all social, cultural, economic, environmental and attitudinal barriers with due
regard to their disabilities.


ARTICLE I

CREATION AND COMPOSITION OF THE COMMISSION, AND TERM OF OFFICE
OF THE COMMISSIONERS

SECTION 3. Creation of the National Commission on the Empowerment of Persons with
Disabilities. - In pursuance of the abovementioned policy, the National Commission on the
Empowerment of Persons with Disabilities, hereinafter referred to as the Commission, is
hereby created.

‘The Commission, which shall be under the Office of the President, shall take over the
functions of the National Council on Disability Affairs (NCDA) under the Department of
Social Welfare and Development which is hereby abolished. Its coverage shall be both
local and national affairs involving Persons with Disabilities (PWDs) that shall include the
implementation of policy formulations as well as economic, educational, cultural and
infrastructure programs for all disability sectors.

Section 4. Mandate. - The Commission shall be mandated to be the lead policy-making,
planning, monitoring, coordinating and advocating arm of the government in all efforts
geared towards the prevention of the causes of disability, rehabilitation and equalization of
opportunities in the concept of rights-based society for Persons with Disabilities and in the
implementation of programs and projects pertaining to the welfare of Persons with
Disabilities. As such, the Commission is tasked to steer the course of program for the
development for Persons with Disabilities and the delivery of services to the sector as well
as to monitor the implementation of all disability laws.

Section 5. Composition of the Commission. - The Commission shall be composed of
eleven (11) full-time members chosen from among those representing the following
disabilities: psychosocial, learning, mental, visual, orthopedic, speech, hearing,
developmental, behavioral, disability due to chronic illness and multi-handicapped and
shall be headed by a Chairman; Provided, That not more than two (2) Commissioners shall
have the same disabilities at any given time, to ensure a more equitable representation in
the Commission.

The President shall appoint the regular members of the Commission who shall have
attained higher education, completed or not, and shall possess the highest degree of
integrity and have a favorable endorsement from their respective sectors.

In no case shall the Commissioners appoint representatives to act on their behalf.

Section 6. Term of Office. ~ The Chairman, who shall be the Chief Executive Officer of
the Commission, shall be appointed by the President from among the eleven (11)
Commissioners, and shall serve for a period of two (2) years without prejudice to
reappointment. He/she shall have the same rank as an Undersecretary.


For the initial set of Commissioners, the first six (6) Commissioners shall have a
term of office of four (4) years and the remaining five (5) shall office for two (2) years.
Thereafter, the succeeding set of Commissioners shall serve a full term of four (4) years.

Should a Commissioner fail to complete his/her term, the President shall appoint a
successor from the sector the Commissioner represents. The successor will only serve for
the unexpired portion of the term.

The Commissioners shall have the same rank, salary and privileges as those of an
Assistant Secretary.

Section 7. Removal from Office. The President may remove any member of the
Commission before the expiration of his/her term, for cause and after observance of due
process required by pertinent laws.

ARTICLE II

Section 8. Powers and Functions. — To accomplish its mandate, the Commission shall have
the following powers and functions:

(a) Provide advice and assistance to the President in the formulation, coordination,
implementation and monitoring of policies, plans, programs and projects affecting the
disability sector; when so authorized, represent the President on matters concerning
disabilities issues and concerns; serve as a link between the President and public or
private agencies, internal or external, that are involved in such programs and projects;
and recommend such affirmative actions as may be necessary for their efficient and
effective implementation.

(b) Examine laws, proposed legislations, for the purpose of ascertaining whether the law or
proposed legislation are, or would be, inconsistent with or contrary to the provisions of this
Act or any existing laws, and the same report to the President;

(©) Undertake and coordinate development programs and projects for the advancement
of Persons with Disabilities, including designing, implementing and maintaining
centers and facilities for the rehabilitation of Persons with Disabilities;

(@)_ Actas the primary government agency through which Persons with Disabilities can
seek government assistance and redress; serve as the medium through which such
assistance may be extended to Persons with Disabilities; for this purpose, the
Commission is hereby authorized, subject to existing auditing rules and regulations
to give grants-in-aid out of its appropriations or other appropriate funds to cooperating
government agencies for such programs or projects for their development; provide
services including legal assistance, medical aid, relief, rehabilitation, livelihood and
other forms of assistance for the socioeconomic upliftment of Persons with
Disabilities;


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Formulate standards for the promotion, protection and welfare of Persons with
Disabilities in accordance with existing laws, rules and regulations;

Enter, subject to existing laws, policies and guidelines, into contracts, agreements or
arrangements with government or private agencies/entities as may be necessary to
attain the objectives of the Commission;

Recommend to the Department of Budget and Management (DBM) the proposed
expenditure for the development, intervention and rehabilitation of Persons with
Disabilities;

Develop criteria for allocating additional resources for education, economic and
cultural development programs of Persons with Disabilities;

Monitor and evaluate the performance of all existing policies and development
programs of the government that seek to strengthen and uplift the socioeconomic
conditions of Persons with Disabilities and identify areas that need government
intervention and support;

Provide direction to and coordinate and monitor the activities of government, non-
government, and people’s organizations involved in the prevention of the causes of
disability, rehabilitation, and equalization of opportunities in partnership with Persons
with Disabilities;

‘Acquire, lease or own property assets in whatever form as may be necessary, and sell
or otherwise dispose of the same, and serve as the custodian or administrator of such
lands or areas and other properties or assets the President may reserve for the benefit
of Persons with Disabilities

Solicit and accept grants, donations and gifts, in cash or in kind, in whatever source,
in coordination with the appropriate agency for the benefit of Persons with
Disabilities, and administer the same in accordance with the terms thereof, or in the
absence of any condition, in such manner consistent with the interest of Persons with
Disabilities as well as existing laws;

Undertake researches and studies relevant to formulated policies to promote and
enhance at all levels the rights of Persons with Disabilities;


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Assist the National Statistics O1
population of Persons with Disabi

(NSO) in conducting census on the actual
s in the country;

Establish, develop and maintain a data bank on disability in partnership with
concerned government agencies and non-government organizations and strengthen
the referral services to ensure availability of date to stakeholders and services to
Persons with Disabilities including provision of assistive devices;

Conduct consultative meetings and prepare symposia with all stakeholders, and
undertake program evaluation and monitoring to ensure that comprehensive, relevant
and timely programs and services are adequate and accessible to Persons with
Disabilities;

Establish and maintain linkages and networking with local and international
organizations, including organizations to and for Persons with Disabilities to generate
resources and to maximum utilization of existing resources and for purposes of
convergence;

Serve as a national working body to promote and monitor implementation of national
laws and international commitments on Persons with Disabilities;

Assist in the establishment of self-help organization and the setting up of specific
projects through the provision of technical and financial assistance to draw out the
active participation of Persons with Disabilities in the social and economic
development of the country;

Promulgate such rules and regulations and exercise such powers and functions as may
be necessary to carry out the purposes and objectives outlined in this Act; and

Perform such other functions as may be necessary for its effective operations and
continued enhancement as a government entity.

Section 9. Administrative Supervision and Control. ~ The administrative and supervision
and control over the personnel, except the Commissioners, and the properties of the
Commission shall be vested in the Chairman. Except for presidential appointees, the
appointment of and imposition of disciplinary measures on the same personnel shall
likewise be vested in the Chairman who shall accomplish the same in consultation with the
Commissioners, except that when the administrative charge entails, considering the
circumstances alleged in the complaint, the penalty of dismissal from service, the decision
thereon shall be by the majority of all the members of the Commission.


The Chairman shall exercise administrative supervision over the Commissioners. The
‘Commissioners shall assist the Chairman in the performance of his/her functions, who may
assign or delegate specific, substantive or administrative responsibilities to any of them.

Section 10. The Advisory Council. ~ The Commission shall have a council of advisers to
be composed of:

(a) Representative from the Office of the President
(b) Chairperson of the Senate Committee on Social Justice, Welfare and Development

(©) Chairperson of the House of Representatives’ Committee on Persons with
Disabilities

(a) Secretary of Department of Social Welfare and Development
(©) Secretary of the Department of Education

(f) Secretary of the Department of Health

(g) Secretary of the Department of Transportation

(h) Secretary of the Department of Public Works and Highways

(i) Secretary of the Department of Environment and Natural Resources

(j) _ Secretary of the Department of Labor and Employment

(k) Secretary of the Department of Trade and Industry

(1) Chairperson of the Commission on Higher Education and Technical Education
(m) Director General of the Technical Education Skills Development Authority

(n) Secretary of the Presidential Communications Office

(0) Secretary of the Department of Justice

(p) Secretary of the Department of Foreign Affairs, and

(q). Three representatives from disabled people’s organizations who shall be selected
and appointed by the Chairman of the Commission.

The Council shall advise the Commission on matters pursuant to the Commission’s mandate.
‘The Commissioners shall also sit in the Council.


Section 11. Organizational Structure. -The Commission shall be composed of the offices of
the Chairman, the Commissioners, the Executive Director and the Deputy Executive Director
and their immediate staff, the Divisions, Services, Regional Offices, Field Offices and Sub-
offices.

Section 12. The Secretariat. - The Commission shall organize a Secretariat that shall assist
the Chairman in the performance of his/her functions and shall serve as the technical arm of
the Commission. It shall be headed by an Executive Director who shall be appointed by the
President. The Executive Director shall execute the policies and programs of the Commission
and shall be responsible for the efficient, and effective day-to-day management of the
operations of the Commission.

The Executive Director shall recommend to the Chairman, for approval of the Commission,
the budget of the Secretariat, its staffing pattern, position classification and compensation
scheme, and the appointment of its personnel subject to existing laws, rules and regulations.

The Executive Director shall be appointed by the President and shall enjoy security of tenure
and may only be removed for cause in accordance with law.

Section 13. The Bureaus. ~ The Bureaus of the Commission shall consist of the Programs
Management Bureau, Information, Education and Communications Bureau, Technical
Cooperation Bureau and Regional Offices Coordinating Bureau. Each of these Bureaus shall
be headed by a Director who shall hold the same rank, salary and privileges of a Staff Bureau
Director. The Bureau Director shall be appointed by the President from among the names or
nominees submitted by the Commission to the President.

(1) Programs Management Bureau (PMB) — The Bureau shall plan, develop and evaluate
programs and projects in support of policies formulated by the Commission as well as
national programs on the prevention of the causes of disabilities, rehabilitation and
equalization of opportunities. It shall also prepare concept papers, project proposals and
technical reports and other activities, develop and strengthen national linkages concerning
the welfare of Persons with Disabilities, conduct technical assistance through trainings and
other related activities concerning disability and researches on disability-related areas.

(2) Information, Education and Communications Bureau (IECB). ~ The Bureau shall
plan and develop/evaluate comprehensive public information programs on disability issues;
disseminate information through the use of publications, tri-media, audio-visual materials
and other IEC projects; provide IEC support to all programs and projects of the Council and
concerned agencies; and establish information linkages and networks.

(3) Technical Cooperation Bureau (TCB)- The Bureau shall establish, maintain linkages
and networking with concerned international organizations and facilitate resource exchange
on disability-related concerns; plan, develop and evaluate technical cooperation programs to
promote resource generation for local organizations of and for PWDs; plan, develop and
maintain the Commission’s Management Information System (MIS); promote technology
transfer of current international disability trends/ standards and approaches to local GOs,


NGOs and POs; and conduct researches on international disability issues and trends in
support of the Commission’s policymaking function.

(4) Legal Service Bureau (LSB) — The Legal Affairs Bureau shall be responsible for
assisting PWDs in case of litigation involving their persons or interest; act as the legal
counsel of the Commission; and investigate cases involving its personnel and submit
appropriate recommendations pertaining thereto. The Bureau shall also investigate valid
complaints brought before the Commission for the institution of proper legal action.

Section 14. Services. — The Services of the Commission shall consist of the Administrative
Service, Finance and Management Service Planning Service, each of which shall be headed
by a Staff Director with the same rank, salary and privileges of an Assistant Staff Bureau
Director.
(a) Administrative Service. ~ This Service shall be responsible for providing the
Commission with efficient and effective staff services relating to personnel,
information, records, supplies, equipment, collection, disbursement, security and
custodial work.
(b) Finance and Management Service. - This Service shall be responsible for
providing the Commission with efficient and effective staff advice and assistance on
budgetary, financial and management matters.
Section 15. The Sub-Committees.- The Commission shall have nine (9) sub-committees
which shall be headed by the Commissioners based on their specific areas of concern and
the members of which shall be chosen from among the members of the Council of Advisers
and other agencies. These are:
1, Sub-Committee on Accessibility on Built Environment and Transportation
2. Sub-Committee on Training, Employment and Livelihood
3. Sub-Committee on Auxiliary Social Services
4. Sub-Committee on Health
5. Sub-Committee on Information, Communications and Technology
6. Sub-Committee on Advocacy
7. Sub-Committee on Education
8. Sub-Committee on International Disability Network

9. Sub-Committee on Policy Development


Furthermore, the Commission may create additional sub-committees and task forces as
may be deemed necessary to carry out its functions.

Section 15. Regional Offices, Field Offices, Sub-Offices. - The Commission is hereby
authorized to establish, operate and maintain Regional Offices in such appropriate
administrative regions of the country, each of which shall be headed by a Regional
Director.

A Regional Office shall have, within its administrative region, the following functions:

(a) Implement laws, rules and regulations, policies, programs, and projects of the
Commission;

(b) Establish regional and provincial disability coordinating and monitoring units;
(c) Provide efficient and effective service to Persons with Disabilities;

(@) Coordinate with regional offices and agencies of the Executive Department;
(©) Coordinate with PWD Affairs Office of every local units; and

(f) Perform such other functions as may be provided by law.

The Commission is likewise authorized to establish, operate, maintain and determine the
functions of field offices and sub-offices, whenever necessary, appropriate and feasible.

Section 17. Devolution of Programs. — The creation, establishment and management of all
programs for intervention and rehabilitation of Persons with Disabilities provided by
existing laws shall be devolved to the Commission.

Section 18. Other Offices. - The Commission shall have the power to create additional
offices as it may deem necessary subject to existing rules and regulations.

ARTICLE III

Section 18. Appropriations. - The amount necessary for the initial implementation of this
‘Act shall be charged against the current year’s appropriations of the National Council on
Disability Affairs. However, to carry out the additional functions and powers of the
Commission as provided in this Act, an additional amount of Two Hundred Million Pesos
(Php 200,000,000.00) is hereby appropriated. Thereafter, such sums as may be needed for
the continued implementation of this Act shall be included in the annual General
Appropriations Act.

Section 20. Record of Transaction. - The Commission shall keep proper accounts and
records of all its transactions and affairs, and shall exert all efforts to ensure that all
payments made out of its moneys are correctly made and properly authorized, and that


adequate control is maintained over the assets of, or in the custody of the Commission and
the expenditures it may incur. The Commission shall be subject to audit by the Commission
on Audit.

Section 21. Civil Service Law Coverage for Employees. — The hiring, appointment,
employment, promotion, disciplinary control, separation, and other terms and conditions
of the service of all employees of the Commission and such other matters affecting its
employees shall be consistent with the provisions of the Civil Service Law and the Civil
Service Commission’s rules and regulations.

Section 22. Government Service Insurance System (GSIS) Coverage for Employees. — All
employees of the Commission shall be deemed members of the GSIS and shall enjoy all
the benefits of said System.

Section 23. Transitory Provisions. - The NCDA is deemed abolished upon the creation of
the Commission. All the powers, functions, assets, liabilities, capital, accounts, contracts,
equipment, and facilities of the NCDA which are owned by the government, shall be
transferred to the Commission.

During the transition period, which begins upon approval of this Act, the President may
appoint the incumbent Executive Director of the NCDA as Acting Secretary of the
Commission until the regular Chairman of the Commission shall have been appointed.

All regular or permanent employees of the NCDA shall be absorbed or transferred to the
Commission: Provided, They possess the necessary qualifications, and shall not suffer any
loss of seniority or rank or decrease in emoluments.

No officer or employee in the career service shall be removed except for a valid cause and
afier due notice and hearing. A valid cause for removal exists when, pursuant to a bona
fide reorganization, a position has been abolished or rendered redundant or there is a need
to merge, divide or consolidate positions in order to meet the exigencies of the service, or
other lawful causes allowed by the Civil Service Law.

Employees separated and/or phased-out from the service as a result of the abolition of the
NCDA under the provision of this Act shall, within three (3) months from their separation
and/or phase-out from the service receive a separation pay in accordance with existing
Jaws, rules and regulations. In addition, those who are qualified to retire shall be allowed
to retire and be entitled to all benefits provided under existing retirement laws. The fund of
the Commission may be used for this purpose.

Employees separated and/or retired from the Commission shall not be eligible for re-
appointment to or employment in the Commission whether on a permanent, temporary,
casual or contractual status within a period of three (3) years after separation or retirement.

‘The Chairman shall recommend to the Commission a work program that shall include the
organizational plan and structure, staffing pattern and compensation plan, budget,


programs, projects and activities of the Commission within ninety (90) days from the
approval of this Act. Said work program shall be implemented by the Chairman within
thirty (30) days after its approval by the Commission and the President.

Section 24. Periodic Performance Evaluation. — The Secretary is hereby required to
formulate and enforce a system of measuring and evaluating periodically and objectively
the performance of the Commission and submit the same annually to the President and the
Congress of the Philippines.

Section 25. Implementing Rules and Regulations. — The National Commission on the
Empowerment of Persons with Disabilities (NCEPD) and the Department of Budget and
Management shall issue the implementing rules and regulations ninety (90) days after the
effectivity of this Act.

Section 26. Separability Clause. — If for any reason, any section or provision of this Act is
declared unconstitutional or invalid, the other sections or provisions hereof which are not
affected thereby shall continue to be in full force and effect.

Section 27. Repealing Clause. — Executive Order Mo. 709 which amended Executive Order
No. 676 is hereby repealed. All other acts, decrees, instructions, rules and regulations or
parts thereof inconsistent with the provisions of this Act are also hereby repealed or
modified accordingly.

Section 28. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in two (2) national newspapers of general circulation.

Approved,