Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session

House Bill No. 4806

Introduced by Representative Eduardo Roa Rama Jr.

EXPLANATORY NOTE

Republic Act No. 10070, as amended by Republic Act No. 7277, which establishes institutional
mechanism to ensure the implementation of programs and services for Persons with Disabilities in
every province, city and municipality needs to be further strengthened. The objective of the law is to
ensure that relevant and sustainable programs for Persons with Disabilities are implemented at the
local level to complement the social services offered by the National Government Agencies (NGAs).
Under this law, specific roles ascribed to Local Government Units (LGUs) are initially delineated and
coordinated within the operational framework of Persons with Disability Affairs Office (PDAO). For
provinces, cities, and Ist to 3rd class municipalities, PDAO shall be established through a Local
Ordinance. While 4th to 6th class municipalities, 2 Focal Person (FP) performs the functions of
PDAO, which is mandated through an Executive Order.

Despite the mandate of the law to create a PDAO in every province, city and municipality, there are
still over 50% LGUs that do not have any existing office. Based on the recent record of the National
Council on Disability Affairs (NCDA), there are 739 PDAOs or 43% compliance as of February 2022
According to the 2019 Seal of Good Local Governance (SGLG), 980 or 60% of LGUs have
designated Focal Persons (FPs) and PDAOs in place. However, after cross-checking and verification,
only 570 or 34.88% have PDAOs and FPs in accordance to the law. And there are 373 municipalities
and 37 cities of 25.09% that should have PDAQs instead of FPs.

In a meeting held last 9 February 2022 with select DILG officials, it was disclosed that the apparent
‘non-compliance of some LGUs in the establishment of PDAQs in their respective jurisdictions is
partly caused by the insufficiency in the law itself. The existing law falls short of unequivocally
mandating LGUs to establish PDAOs in all LGUs as it fails to provide for the most important
mechanism for the effective establishment and sustainable operation of PDAOs in all LGUs. That is,
the specific budgetary appropriation from which all LGUs can source out the required funding for the
creation of their respective PDAs. Not only is RA No. 10070 ambivalent in providing the source of
fund, but its ambivalence has also opened the floodgates for LGUs to determine for themselves where
to get their funding from, While this may be acceptable for LGUs who have the resources to establish
PDAOs, it can also be a convenient excuse for some LGUs to opt not to establish their PDAOs by
simply invoking that they have an insufficient budget and/or other priority programs and projects to
focus on.

In view of the implementation of the Mandanas ruling and in the continuous, and overdue, quest for
improving local service delivery for the disability sector, the need to insist on the mandatory nature of


the creation of PDAOs and appropriate funding source for the establishment and operations of
PDAOS is timely and imperative.

This measure proposed to amend RA No. 10070 specifically to:

(@) Ensure the mandatory creation and operation of PDAO in all Local Government Units
(LGUs);

(b) Provide a clear budget allocation for its establishment;

(© Further strengthen its functions;

(@ Include a uniform and standardized local database linked to a national Philippine
Registry for Persons with Disability (PRPWD) system;

(© Ensure mechanisms for data management, capacity building, and information
dissemination about RA 10070; and

(f) Refine its fragmented institutional framework.

After twelve years from the enactment of RA No. 10070, policy interventions should be made to fully
strengthen the implementation of RA No. 7277 and to ensure relevant and sustainable programs as
well as active participation and empowerment of the disability sector in various undertakings and
projects of LGUs.

In view of the foregoing, the passage of this bill is eamestly sought

REP. EDUARDO ROA RAMA JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session

House Bil No, “606

Introduced by Representative Eduardo Roa Rama Jr.

AN ACT MANDATING THE ESTABLISHMENT OF PERSONS WITH DISABILITY
AFFAIRS OFFICES (PDAOs) IN ALL LOCAL GOVERNMENT UNITS, AMENDING
REPUBLIC ACT NO. 10070, OTHERWISE KNOWN AS AN ACT ESTABLISHING
INSTITUTIONAL MECHANISM TO ENSURE THE IMPLEMENTATION OF
PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES IN EVERY
PROVINCE, CITY, AND MUNICIPALITY

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

IMPLEMENTATION OF PROGRAMS AND SERVICES FOR PERSONS WITH
DISABILITIES IN EVERY PROVINCE, CITY, AND MUNICIPALITY

Section 1. Section 1 of Republic Act No. 10070 is hereby amended to read as follows and renumbered
the sub-sections therein accordingly:

Sec. 40. of Republic Act No. 7277, as amended, is hereby further amended to read as follows
AND RENUMBER THE SUB-SECTIONS THEREIN ACCORDINGLY:

Sec, 40, Role of National Agencies and Local Government Units.

(@) ALL LOCAL GOVERNMENT UNITS (LGUs) SHALL PROMOTE AND
INCLUDE IN THEIR LOCAL PRIORITY PROGRAMS THE ESTABLISHMENT
OF PERSONS WITH DISABILITY AFFAIRS OFFICE (PDAO) IN THEIR
RESPECTIVE TERRITORIAL JURISDICTIONS. National agencies and local
government units may enter into joint ventures with PDAO AND OTHER organizations or
associations of PERSONS WITH DISABILITIES to explore livelihood opportunities and
other undertakings that shall enhance the OVERALL QUALITY OF LIFE, health and
physical fitness, COGNITIVE, economic, social, MENTAL, AND PSYCHOLOGICAL
well-being of PERSONS WITH DISABILITIES.

(b) Local government units THROUGH ITS LOCAL CHIEF EXECUTIVE shall
organize and establish the following:


(1) Persons with Disability Affairs Office DAO)

ALL PROVINCES, CITIES, AND MUNICIPALITIES ARE MANDATED TO
ESTABLISH THEIR RESPECTIVE PERSONS WITH DISABILITY AFFAIRS
OFFICE (PDAO) DIRECTLY UNDER THE OFFICE OF THE LOCAL CHIEF
EXECUTIVE (OFFICE OF THE GOVERNOR, CITY OR MUNICIPAL MAYOR,
RESPECTIVELY). The local chief executive shall appoint a PDAO HEAD who shall
manage and oversee the EFFICIENT operations of the office, pursuant to its mandate under
this Act. Priority shall be given to qualified PERSONS WITH DISABILITIES to head the
said office in carrying out the following functions:

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i)
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2)

viii)

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(i)

Formulate and implement policies, plans and programs for the promotion of
EMPOWERMENT, RIGHTS, AND welfare of PERSONS WITH
DISABILITIES in coordination with concerned national and local goverment
agencies;

Coordinate the implementation of the provisions of this Act, Batas Pambansa Blg.
344, otherwise known as the Accessibility Law, REPUBLIC ACT NO. 10754, and
ALL other relevant DISABILITY-RELATED laws at the local level;

Represent PERSONS WITH DISABILITIES in meetings of local development
councils and other special bodies;

Recommend and enjoin the participation of non-government organizations (NGOs)
and people’s organizations (POs) in the implementation of all disability-related laws
and policies;

Gather and compile relevant data on PERSONS WITH DISABILITIES in their
localities;

MAINTAIN A UNIFORM AND STANDARDIZED LOCAL DATABASE
LINKED TO A NATIONAL PHILIPPINE REGISTRY FOR PERSONS
WITH DISABILITY (PRPWD) SYSTEM;

Disseminate information including, but not limited to, programs and activities for
PERSONS WITH DISABILITIES, statistics on PERSONS WITH
DISABILITIES WITH CATEGORIES BY GENDER, TYPE OF
DISABILITY, PER BARANGAY, EDUCATIONAL ATTAINMENT,
EMPLOYMENT STATUS, AND OTHER REQUIRED INFORMATION,
including children with disability, and training and employment opportunities for
PERSONS WITH DISABILITIES;

Submit reports to the office of the local chief executive on the implementation of
programs and services for the promotion of EMPOWERMENT, RIGHTS, AND
welfare of PERSONS WITH DISABILITIES in their respective areas of
jurisdiction;

Ensure that the policies, plans and programs for the promotion of
EMPOWERMENT, RIGHTS, AND welfare of PERSONS WITH
DISABILITIES are funded by both the national and local government,

‘Monitor fundraising activities being conducted for the benefit of PERSONS WITH
DISABILITIES;

Seek donations in cash or in kind from local or foreign donors to implement an
approved work plan for PERSONS WITH DISABILITIES, in accordance with
existing laws and regulations; and


(xi) Perform such other functions as may be necessary for the promotion of
EMPOWERMENT, RIGHTS, AND welfare of PERSONS WITH
DISABILITIES.

(2) Focal Person

In consideration of budget restraints, local chief executives of fourth (4th), fifth (Sth) and sixth,
(6th) class municipalities may, in licu of the creation of a PDAO, designate a focal person who
shall perform the functions of the PDAO. Priority in appointment should be given to a
PERSON WITH DISABILITIES with experience in providing services to DISABILITY
SECTOR.

‘The establishment of a PDAO or the appointment of a focal person, as the case may be,
should be done in consultation and coordination with the DEPARTMENT OF THE
INTERIOR AND LOCAL GOVERNMENT, National Council on Disability Affairs
(NCDA), NGOs and POs.

Section 2. Section 2 of Republic Act No. 10070 is hereby amended to read as follows:

SEC 2. References to the term “Disabled Persons” on the title and other sections of the same
Act are hereby amended to read as PERSONS WITH DISABILITIES.

Section 3. Section 3 of the same Act is hereby amended to read as follows:

SEC 3, Within three (3) years after the effectivity of this Act, appropriate agencies, headed by
the DILG, in consultation with the DSWD, NCDA and relevant NGOs and POs, shall review
its implementation and recommend to Congress the need to mandate the establishment of a
PDAO in fourth (4th), fifth (Sth) and sixth (6th) class municipalities.

Section 4. A new section 4 is hereby inserted to read as follows:

SEC. 4. CREATION OF A DATABASE. - ALL PDAOS IN EVERY PROVINCE,
CITY AND MUNICIPALITY ARE HEREBY AUTHORIZED AND REQUIRED
TO CREATE, COLLECT AND MAINTAIN A UNIFORM AND STANDARDIZED
LOCAL DATABASE ON PERSONS WITH DISABILITIES LINKED TO A
NATIONAL PHILIPPINE REGISTRY FOR PERSONS WITH DISABILITY
(PRPWD) SYSTEM. DILG AND DOH ARE MANDATED TO FACILITATE THE
CREATION AND IMPLEMENTATION OF A UNIFORM LOCAL DATABASE
FOR PERSONS WITH DISABILITY. THE DATABASE SHALL INCLUDE
STATISTICS AND INFORMATION ON PERSONS WITH DISABILITIES WITH
CATEGORIES BY GENDER, TYPE OF DISABILITY, PER BARANGAY,
EDUCATIONAL ATTAINMENT, EMPLOYMENT STATUS, AND OTHER
REQUIRED INFORMATION.

Section 5. Section 4 of the same Act is hereby amended to read as follows and re-numbered
accordingly:

SEC. 5, THE DEPARTMENT OF THE INTERIOR AND LOCAL
GOVERNMENT (DILG) Is MANDATED TO ENSURE THAT THE ANNUAL


BUDGET OF EVERY PROVINCE, CITY AND MUNICIPALITY INCLUDES
PROVISIONS TO FUND THE ESTABLISHMENT OF A PERSONS WITH
DISABILITY OFFICE (PDAO) IN THEIR RESPECTIVE JURISDICTIONS.

IN ORDER TO EFFECTIVELY CARRY OUT THE OBJECTIVES OF REPUBLIC
ACT NO, 10070, EVERY PROVINCE, CITY AND MUNICIPALITY ARE HEREBY
MANDATED TO ALLOCATE AT LEAST 1% FROM THEIR GENERAL FUND
FOR THE ESTABLISHMENT AND OPERATION OF A PERSONS WITH
DISABILITY OFFICE (PDAO) IN THEIR RESPECTIVE JURISDICTIONS AND
THAT THE SAME BE INCLUDED IN THE LGUS ANNUAL PLANS AND
BUDGETS.

LOCAL GOVERNMENT UNITS (LGUs) ARE LIKEWISE MANDATED TO
ENSURE THAT THE NECESSARY FUND FROM LOCAL REVENUES IS
ALLOCATED FOR THE IMPLEMENTATION OF THIS ACT FOR THE
BENEFIT OF THE DISABILITY SECTOR THEIR JURISDICTIONS.

Section 6. A new section 6 is hereby inserted to read as follows:

SEC. 6. APPROPRIATIONS. THE AMOUNT NECESSARY TO CARRY OUT
THE PROVISIONS OF THIS ACT SHALL BE INCLUDED IN THE ANNUAL
GENERAL APPROPRIATIONS ACT (GAA).

Section 7. A new section 7 is hereby inserted to read as follows:

SECTION 7. CREATION OF THE BUREAU OF DISABILITY AFFAIRS. - THE
BUREAU OF DISABILITY AFFAIRS (BDA), HEREINAFTER REFERRED TO
AS THE BUREAU, IS HEREBY CREATED TO SUPERVISE, OVERSEE AND
MONITOR THE IMPLEMENTATION AND ESTABLISHMENT OF PDAOS IN
ALL LGUS. THE BUREAU SHALL FUNCTION AS A REGULAR BUREAU OF
THE DILG, UNDER THE SUPERVISION OF THE DEPARTMENT
SECRETARY AND TO BE HEADED BY A BUREAU DIRECTOR AND AN
ASSISTANT BUREAU DIRECTOR.

THE BUREAU SHALL:

(a) ENSURE THE CREATION, COMPLIANCE AND IMPLEMENTATION
OF ALL LGUS IN THE ESTABLISHMENT OF PDAO IN THEIR
RESPECTIVE JURISDICTIONS;

(b) PROVIDE TECHNICAL ASSISTANCE TO LGUS SUCH AS, BUT NOT
LIMITED TO, CAPACITY BUILDING AND FACILITATING A SMOOTH
TRANSITION FROM SWDO TO PDAO;

(©) INCORPORATE THE PRESENCE OF PDAO AND ITS PROGRAMS AS
PART OF THE INDICATORS BEING MONITORED THROUGH LGPMS
AND SGLG;

(d) ASSESS AND MONITOR THE FUNCTIONALITY OF PDAOS;

(c) COORDINATE WITH OTHER NATIONAL AGENCIES REGARDING
CONCERNS OF PERSONS WITH DISABILITIES; AND


() INITIATE AND CONDUCT IMMEDIATE INVESTIGATION IN NON-
COMPLYING LGUS AND RECOMMEND APPROPRIATE ACTION
WITHOUT DELAY.

Section 8. A new provision, section 8, is hereby inserted to read as follows:

SECTION 8. IMPLEMENTING RULES AND REGULATIONS. - WITHIN SIXTY
(60) DAYS FROM THE EFFECTIVITY OF THIS ACT, THE DEPARTMENT OF
INTERIOR AND LOCAL GOVERNMENT (DILG), IN COORDINATION WITH
‘THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD),
NATIONAL COUNCIL ON DISABILITY AFFAIRS (NCDA), DEPARTMENT OF
HEALTH (DOH), COMMISSION ON HUMAN RIGHTS (CHR), AND CIVIL
SERVICE COMMISSION (CSC) SHALL PROMULGATE AND ISSUE THE
NECESSARY GUIDELINES FOR THE MANDATORY ESTABLISHMENT OF
PDAO IN ALL LGUS.

Section 9. Repealing Clause. All laws, presidential decrees, executive orders, and rules and regulations
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 10. Separability Clause, If any provision of this Act is declared unconstitutional, the same shall
not affect the validity and effectivity of the other provisions hereof.

SEC. 11. Effectivity. This Act shall take effect fifteen (15) days after its publication in two (2)
newspapers of general circulation or in the Official Gazette, whichever comes first.

Approved,