Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No. 2128

Introduced by Representative LEILA M. DE LIMA

AN ACT
ESTABLISHING THE DISABILITY SUPPORT ALLOWANCE PROGRAM,
REGULARLY PROVIDING MONTHLY STIPENDS TO COVER DISABILITY-
RELATED COSTS, PROMOTING INCLUSION, EMPOWERMENT, AND
PARTICIPATION OF PERSONS WITH DISABILITIES, AND APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Article XIII, Section 1 of the 1987 Constitution provides that “[t]he 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.” Furthermore, the Philippines is a State Party to the
United Nations Convention on the Rights of Persons with Disabilities which includes
as part of its general principles the “full and effective participation and inclusion in
society” and “equality of opportunity” of persons with disabilities (PWDs).

The National Disability Prevalence Survey (NDPS) conducted in 2016 showed
that “around 12% of Filipinos age 15 and older experienced severe disability" while
the 2020 Census of Population and Housing showed that “nearly nine in every 100
persons (8.7%) had at least one domain of functional difficulty, that is, any of the six
functional domains of seeing, hearing, walking or climbing steps, remembering or
concentrating, self-caring (washing all over or dressing), or communicating.”?

+ Philippine Statistics Authority. (3 May 2019). Disability Spares No One: A New Perspective
Retrieved from https://psa.gov.phistatistics/national-disability-prevalence-
survey#t~:text=Results%200f%20the% 20National%20Disabilty 23% 20percent%20with%20mild%20d
isability

2 Philippine Statistics Authority. (26 October 2022). Functional Difficulty in the Philippines: For
Household Population Five Years Old and Over (2020 Census of Population and Housing),
https://psa.gov. ph/contentfunctional-difficutty-philippines-household-population-five-years-old-and-
over-2020-census.


Despite the existence of laws, such as Republic Act No. 7277, otherwise known
as the “Magna Carta for Persons with Disabilities,” that aim to level the playing field
between able-bodied persons and persons with disabilities (PWDs) in the country, the
fact remains that several barriers still prevent PWDs from enjoying equal access to
rights and opportunities, and full and inclusive participation in society. Among these is
the increased vulnerability of PWDs to economic deprivation as a result of the
following: (1) lower earning capacity due to limited employment opportunities for
PWDs, (2) additional expenses incurred by overcoming systemic barriers that don’t
exist for able-bodied persons, and (3) reduced household income as a result of family
members forgoing income-generating opportunities to assist and care for their family
member/s with disabilities. The lived realities of PWDs that inhibit the full enjoyment
of their rights necessitate government interventions.

As such, for the purpose of reducing the vulnerabilities and inequalities
experienced by PWDs, particularly those economic in nature, this bill seeks to provide
a Two Thousand Peso (P2,000.00) monthly disability support allowance to augment
the basic income of households with PWDs and supplement the other programs and
services provided by the government for PWDs.

In the House of Representatives under the 19" Congress, similar bills were filed
by Representatives Bemadette Herrera, Patrick Michael Vargas, Luis Raymond
Villafuerte, and Gus Tambunting. In the Senate, Senator Risa Hontiveros filed similar
bills under both the 18" and 19" Congresses. In the 20" Congress, Senator Risa
Hontiveros has once again filed a similar bill. This bill partially adopts Senator
Hontiveros’s bill with modifications based on consultations with several PWD groups.

Early approval of this measure is requested.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 2128

Introduced by Representative LEILA M. DE LIMA

AN ACT
ESTABLISHING THE DISABILITY SUPPORT ALLOWANCE PROGRAM,
REGULARLY PROVIDING MONTHLY STIPENDS TO COVER DISABILITY-
RELATED COSTS, PROMOTING INCLUSION, EMPOWERMENT, AND
PARTICIPATION OF PERSONS WITH DISABILITIES, AND APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES:

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

SECTION. 1. Short title. - This Act shall be known as the “National Disability
‘Support Allowance Program Act.”

SEC. 2. Declaration of Policy. — It is the policy of the State to uphold the rights
of persons with disabilities and to ensure their full and effective participation in society
on an equal basis with others.

As a State Party to the United Nations Convention on the Rights of Persons
with Disabilities (UNCRPD), the State reaffirms its commitment to the Convention's
general principles. Of these principles, the respect for difference and acceptance of
persons with disabilities as part of human diversity and humanity is foundational. It
underscores the State’s obligation to recognize and respond to the lived realities of
persons with disabilities. Embracing disability as a natural part of human diversity
requires dismantling systemic and structural barriers that hinder equal participation
and acknowledging the additional economic costs that persons with disabilities often
incur to live independently and participate fully in society.

Pursuant to Article Il, Section 11 of the 1987 Philippine Constitution, the State
values the dignity of every human person and guarantees full respect for human rights.
Additionally, Article XIll, Section 1 mandates that the State give the highest priority to

1


the enactment of measures that protect and enhance the rights of all people, including
persons with disabilities.

In line with Republic Act No. 7277, otherwise known as the “Magna Carta for
Persons with Disabilities,” as amended, the State commits to providing rehabilitation,
self-development, and self-reliance opportunities for persons with disabilities and to
integrating them into the mainstream of society.

Towards this end, and in light of international, constitutional and statutory
obligations, the State shall establish the Disability Support Allowance Program as one
component of the social protection system financial support to persons with disabilities
in recognition of the additional costs associated with disability.

SEC. 3. Definition of Terms. — For the purpose of this Act, these terms are
defined, as follows:

a) Disability is an evolving concept that results from the interaction between
persons with impairments and attitudinal and environmental barriers that
hinder their full and effective participation in society on an equal basis
with others;

b) Persons with disabilities include those who have long-term physical,
mental, intellectual, or sensory impairments, which in interaction with
various barriers may hinder their full and effective participation in society
‘on an equal basis with others. Persons who may fall in this definition
include but are not limited to the following: persons with psychosocial
disability, persons with autism, persons with down syndrome, persons
who are blind, persons with low vision, persons hard of hearing, the deaf,
persons with rare diseases, and all other persons who will be certified
under the disability assessment and determination system;

©) Barriers are anything that hinders persons with disabilities from enjoying

or exercising all human rights and fundamental freedoms in the political,
economic, social, cultural, civil or any other field, on an equal basis with
others. Barriers in all its forms encompass inaccessible physical
environments and transportation; the unavailability of assistive devices
and technologies; inaccessible information both in form and content;
non-adapted means of communication; gaps in service delivery, such as.
unavailability of personal assistance and sign language interpretation
services; discrimination including denial of reasonable accommodation;
attitude, prejudice, and stigma in society; programs, policies, and laws
infringing the rights of persons with disabilities as recognized under the
Convention on the Rights of Persons with Disabilities;

Disability-Related Costs refer to additional expenses bome by persons
with disabilities and/or their families that are not typically encountered by
persons without disabilities. They arise from the necessity to overcome
barriers to participation or exercise of ordinary activities in daily life

d)

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e)

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Examples of these include: (1) assistive devices and technologies; (2)
disability support services, such as personal assistants, sign language
interpreters, or therapy support; (3) accessible transportation and
mobility aid expenses; (4) medical care and maintenance medicines; (5)
increased utility, communication, or  accommodation-related
expenditures necessary to achieve inclusion and independence;
Disability support allowance refers to the amount of money received by
qualified persons with disability under the Disability Support Allowance
Program;

Reasonable accommodation means necessary and appropriate
modification and adjustments so as not to impose disproportionate or
undue burden, and to ensure that persons with disabilities enjoy or
exercise on an equal basis all human rights and fundamental freedoms;
Progressive realization refers to the State's obligation to undertake
measures to the maximum of its available resources and, where needed,
within the framework of intemational cooperation, with a view to
achieving progressively the full realization of rights of persons with
disabilities, without prejudice to those obligations contained in the UN
Convention on the Rights of Persons with Disabilities that are
immediately applicable according to international law;

Disability Assessment and Determination means the process by which
disability of an individual is officially recognized for the purpose of
eligibility determination to diverse entitlements. It is based on a human
rights model of disability, with a focus on functional limitations, support
requirements, and barriers restricting participation;

Organizations of Persons with Disabilities (OPD) are led, directed, and
governed by persons with disabilities with a clear majority of their
membership being persons with disabilities themselves and promoting
the rights and welfare of persons with disabilities. OPDs include but are
not limited to community, local or national organizations of women with
disabilities, impairment-specific organizations such as national
organizations of persons with psychosocial disability, children and youth
organizations of persons with disabilities, parents representing children
with disabilities, cross-disability organizations, specific health conditions
recognized under the Philippine law such as patients and survivors of
cancer, persons with rare diseases, and all other organizations of
persons with disabilities as recognized under the Convention on the
Rights of Persons with Disabilities.

SEC. 4. Disability Support Allowance Program. — There shall be established a
Disability Support Allowance Program under the Department of Social Welfare and
Development (DSWD), in consultation with the National Council on Disability Affairs
(NCDA) and a representative organization of persons with disabilities, designed to
serve as a social protection measure and support the needs of persons with disabilities

3


in their integration to society. The Disability Support Allowance Program shall aim to
provide a regular stipend to persons with disabilities based on the eligibility criteria of
the DSWD.

The initial amount of Two Thousand Pesos (P2000.00) a month per individual
beneficiary is set for the disability support allowance, which will be indexed to inflation
to preserve its positive impact on the standards of living and participation of people
with disabilities. This would contribute, in combination with existing social protection
programs and discounts, to address the higher cost of transportation, housing,
nutrition, hygiene, and temporary human assistance requirements, among others. For
working-age adults out of work, it will provide basic income security and will help cover
disability-related costs for finding and keeping work.

The Program shall be implemented in three (3) phases:
a) Phase 1 — The initial phase of the Disability Support Allowance Program,
to be implemented in the first three (3) years, shall prioritize the
provisions of stipends to:
i Children with disabilities;

ii. Adults with significant disabilities who are facing the highest
barriers and disability-related costs;

ili, Persons with disabilities who are recipients of social protection
and economic empowerment programs such as but not limited to
the Pantawid Pamilyang Pilipino Program (4Ps) and Social
Pension for Indigent Senior Citizens.

b) Phase 2 - The second phase of the Program, to be implemented in the
next three (3) years, shall include all registered persons with disabilities
who have either no income or have low levels of income, and persons
with disabilities who face disability-related extra costs with negatively
affects adequate standard of living.

Phase 3 — The third phase, to be realized six (6) years after the start of
the Program's implementation, shall endeavor to progressively cover all
persons with disabilities.

°)

SEC. 5. Coverage. - All persons with disabilities, as certified under the
Disability Assessment and Determination system that is based on a human rights
approach, shalll be covered by the provisions of this Act. In line with the progressive
realization principle, the priority shall be initially be given to children with disabilities
and adults with significant disabilities who are facing the highest barriers and disability-
related costs. However, the aim is to eventually cover all registered persons with
disabilities who have either no income or have low levels of income and persons with
disabilities who face disability-related extra costs, which deprive them of an adequate
standard of living.


SEC. 6. Eligibility. — Eligibility to the disability support allowance will be based
solely on Disability Assessment and Determination with a focus on functional
limitation, support requirements, and barriers to participation, irrespective of income,
work status, or access to other social protection benefits.

In recognition of the multiple forms of poverty and the extent of disability-related
costs required for basic participation, eligibility of persons with disabilities to the
disability support allowance will be compatible with eligibility and benefits from different
social protection and economic empowerment programs such as but not limited to the
Pantawid Pamilyang Pilipino Program (4Ps) and Social Pension for Indigent Senior
Citizens, the disability allowance acting as a top-up for subsidizing disability-related
extra costs.

Provided, that the DSWD, in consultation with the NCDA, may, in its discretion,
adopt additional bases to achieve the objectives of this Act.

SEC. 7. Disability Data Management System. - To effectively implement social
protection measures targeting persons with disabilities, a Disability Data Management
System shall be put up and shall be linked to the Community-Based Monitoring
System (CBMS) which aids in the development of poverty-reduction programs from
local to the national level. Linkage to the National ID System, and the DOH Persons
with Disability Registry, which is mirrored with the PhilHealth Database System shall
also be done to provide real-time disability data and subsidized enrollment to
PhilHealth insurance.

SEC. 8. Policy On Disability Identification Cards. ~ The issuance of Disability
Identification Cards pursuant to Republic Act No. 7277, otherwise known as the
“Magna Carta for Persons with Disabilities,” as amended, along with other relevant
laws, administrative issuances, and local ordinances, shall incorporate the information
necessary for the granting of the monthly disability support allowance to eligible
persons with disabilities.

SEC. 9. Penal Provisions. ~ The penalties shall apply to the following
a) Any person who, through fraud or misrepresentation, applies for, or aids
in the application for benefits under this law without being a qualified
person with disability entitled thereto shall suffer the following penalties:
i. Forthe first violation, a fine of no less than Twenty Five Thousand
Pesos (P25,000.00) but not exceeding Fifty Thousand Pesos
(P50,000.00); and

ii. For any subsequent violation, a fine of not less than Fifty
Thousand Pesos (P50,000.00) but not exceeding One Hundred

Thousand Pesos (P100,000.00).


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b) Any person violating any provision of this Act and its implementing rules
and regulations, except violations pertaining to Subsection (a) of this
Section, shall be penalized with a fine of not less Fifty Thousand Pesos
(P50,000.00) but not exceeding One Hundred Thousand Pesos
(P100,000.00).

SEC. 10. Appropriations. - The amount necessary for the implementation of
the Act shall be included in the annual General Appropriations of the year following its
enactment into law and thereafter. The initial amount of which shall be determined by
the Department of Social Welfare and Development (DSWD), National Council of
Disability Affairs (NCDA), and representatives from other major stakeholders,
including organizations of persons with disabilities (OPDs). The allocated budget for
the first year of its operation shall gradually increase in fulfilment of the progressive
realization principle.

SEC. 11. Implementing Rules and Regulations. — Within one hundred and
twenty (120) days from the effectivity of this Act, the Department of Social Welfare and
Development, in consultation with the National Council on Disability Affairs,
Department of Interior and Local Government, Department of Health, Philippine
Statistics Authority, Organizations of Persons with Disabilities, and other relevant
stakeholders from government agencies and non-government organizations, shall
issue the necessary rules and regulations to implement the provisions of this Act.

SEC. 12. Report to Congress. - The Department of Social Welfare and
Development and National Council on Disability Affairs shall annually submit a report
to Congress on the status of the implementation of this Act for the purpose of review
and recommendation of additional measures necessary for the attainment of the
objectives of this Act.

SEC. 13. Periodic Review. — Within five (5) years from the effectivity of this Act
and every five (5) years thereafter, the Department of Social Welfare and Development
shall conduct a comprehensive performance evaluation of this Act and submit its
findings and recommendations to the appropriate committees of the Senate and the
House of Representatives.

SEC. 14. Separability Cause. — If any provision of this Act is declared invalid or
unconstitutional, the provisions not affected thereby shall continue to be in full force
and effect.

SEC. 15. Non-Impairment Clause. — Nothing in this Act shall be construed as
to diminish, impair, or repeal rights recognized, granted, or made available to
disadvantaged, marginalized, or specific sectors under existing laws.


eVaunenn

SEC. 16. Repealing Clause. - All laws, executive orders, presidential decrees,
presidential proclamations, letters of instruction, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed, modified, or amended
accordingly.

SEC. 17. Effectivity. - This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in two (2) newspapers of general circulation in the
Philippines.

Approved,