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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.__ 5836

Introduced by Honorable Cristina “Chiqui” Roa-Puno

EXPLANATORY NOTE,

In recognition of their vital role in nation-building, the State promotes and protects the
youth's physical, moral, spiritual, intellectual and social well-being. Despite their disabilities
und 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. Pursuant to
this policy, the Department of Health is mandated to establish rehabilitation centers in each
provincial hospital. Despite this initiative, however, poor families are unable to avail of these
services because of its high cost and also due to the 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 bill is sought.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 5836

Introduced by Honorable Cristina “Chiqui” Roa-Pano

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 protects the youth's
physical, moral, spiritual, intellectual and social well-being in recognition of ther vital role in
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 the 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:

1) 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.

by) Establish rehabilitation centers in each city and municipality to provide free
and geographically accessible basic rehabilitation services to indigent children and youth



©.) 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.

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

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

8.) 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 cighteen (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;

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

©.) 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;

£) 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;

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

2


h.) Early Intervention — refers to assessment, 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 Cemer — refers to a facility in a barangay that offers community-
based rehabilitation programs, which facility is directly supervised by the pertinent
Rehabilitation Center in the city or municipality.

1.) Host Local Government Unit (LGU) — refers to & city or municipality; or
barangay where a Rehabilitation Center or Satellite Center 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.

©.) Indigent — a person who has no 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 (DOH), in coordination with
the Host LGUs, shall undertake the establishment of Rehabilitation Centers to serve each city
and municipality in the Philippines. In order to facilitate community-based rehabilitation
programs, satellite facilities 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; Provided, 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 Center 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.

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

4.) 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.  Funetions of the Rehabilitation Centers. — The Rehabilitation
Centers shall carry out the following functions:

a. Physical Rehabititation — 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 Rebabilitation 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
nd 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.

¢. 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 LGUs 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 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 Couneil 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 concemed for the operation and maintenance of the
Rehabilitation Center 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