F}epublic of the  Philippines
HOUSE OF REPRESENTATIVES
Batasan  Hills, Quezon City
NINETEENTH CONGRESS
First Plegular Session
HouseBill  No.    8305
Introduced by
SPEAKEP  FERDINAND MARTIN a.  ROMUALDEZ
HON. YEDDA MAF]IE K.  F]OMUALDEZ
and
HON. JUDE A. ACIDRE
AN ACT
MANDATING THE  ESTABLISHMENT OF PERSONS WITH  DISABILITY AFFAIRS
OFFICES (PDA0s) lN ALL LOCAL GOVERNMENT UNITS, FURTHER AMENDING
FOR THE  PURPOSE SECTloN 40 0F REPUBLIC ACT NO.  7277,  AS AMENDED
BY     REPUBLIC     ACT     NO.     10070,     OTHERWISE     KNOWN     AS     AN     ACT
ESTABLISHING        INSTITUTIONAL        MECHANISM        TO        ENSURE        THE
IMPLEMENTATION   OF   PF]OGF]AMS   AND   SERVICES   FOR   PEF]SONS   WITH
DISABILITIES IN  EVERY PROVINCE
EXPLANATORY NOTE
More  than  forty  years  since  the  enactment  of  the  first  disability  law  in  the
Philippines;  Batas Pambansa Bilang. 344,  also known as  77}e Accesst.bi./ity Law,  and
more than a decade since the adoption of the United Nations Convention on the F}ights
of Persons with  Disability (UNCPPD), which the  Philippines acceded and ratified, the
Philippine government has attempted to support the disability sector through  policies
and  national  legislation.  There  is the  Magna Carta for  Disabled  Persons,  and  other
acts  providing  for  additional  programs  and  services  for  persons  with  disability  as
enunciated  under  Pepublic Act (F]A)  10754 expanding  the  benefits  and  privileges of
the sector such as the 20°/o discount and exemption from value-added tax; PA 10524
provides   for   employment   opportunities   for    PWDs,    while    Pepublic   Act    10070
encourages every local government unit to establish a Persons with  Disability Affairs
Office (PDAO).  The objective of PIA 10070 is to ensure that relevant and sustainable


programs for  Persons with  Disabilities are  implemented  at the  local  level.  Under this
law,  provinces,  cities,  and  lst to  3rd  class  municipalities  are  encouraged  to  create
PDAO through a Local Ordinance. While 4th to 6th class municipalities may designate
a Focal  Person (FP),  in lieu of the creation of PDAO.
Thirteen  years  after  PA  No.10070  was  passed,  over  50°/o  LGUs  still  have  yet  to
establish their respective  PDAO.  Based on the recent record of the  National Council
on Disability Affairs (NCDA), there are 739 PDAOs or 43°/o compliance as of February
2022. One of the primary reasons for non-compliance is funding constraints. Since the
establishment of an office is subject to the availability of funds,  it leaves discretion to
LGUs  to  create  their  respective  PDAO.  Not  to  mention  that  the  success  of  data
gathering,     comprehensive     database,     further     capacity     building,     information
dissemination and public awareness campaigns all remain to be seen.
The  World   Health   Organization   (WHO)  estimated  that   10   million   or   loo/o  of  the
country's total  population  has  physical,  sensory or  mental  impairment.  Persons with
Disabilities  remain  grappling  for  their  rights,   and   at  the   margins  of  our  country's
economic, and political landscapes, and access to basic services remains out of reach
for most members of the said sector.
In addition, the official data on the actual number of the disability sector is outdated as
the  last  Philippine Statistics Authority (PSA)  record  was in  2010,  which  has  a strong
correlation  to delays  in  policy implementation.  Due to  a  lack of capacity and funding
sources, many LGUs do not have a properly maintained database. This highlights the
pressing need to capacitate and establish PDAOs in all LGUs tasked to have a uniform
and  standardized  local  database  linked  to  a national  Philippine  Plegistry for  Persons
with  Disability (PRPWD) system.
ln light of the implementation of the Mandanas ruling, and 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 sources for
the establishment and operations of PDAOs is timely and imperative.
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This   measure   proposed  to  amend   PA  No.   10070  specifically  to:   (1)  ensure  the
mandatory creation and operation of PDAO in all  Local Government Units (LGUs); (2)
provide  a  clear  budget  allocation  for  its  establishment;  (3)  further  strengthen   its
functions;  (4)  include  a  uniform  and  standardized  local  database  linked to a national
PPPWD system; (5) ensure mechanisms for data management, capacity building, and
information  dissemination  about  PDAO;  and   (6)  refine  its  fragmented   institutional
framework.
ln view of the foregoing, approval of this bill is earnestly sought.
First District,  Leyte
A MAF]lE K.  ROMUALDEZ
Live,  Tingog Sinirangan
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Republic of the  Philippines
HOUSE OF PEPRESENTATIVES
Batasan  Hills, Quezon City
NINETEENTH CONGRESS
First Pegular Session
House Bill  No.  83 05
Introduced by
SPEAKER FERDINAND MAPTIN G.  ROMUALDEZ
HON. YEDDA MAF]lE K.  F)OMUALDEZ
and
HON. JUDE A. ACIDRE
AN ACT
MANDATING THE  ESTABLISHMENT OF PEPSONS WITH  DISABILITY AFFAIRS
OFFICES (PDAOs) lN ALL LOCAL GOVERNMENT UNITS, FURTHER AMENDING
FOR THE  PURPOSE SECTloN 40 0F REPUBLIC ACT NO.  7277,  AS AMENDED
BY     REPUBLIC     ACT     NO.     10070,     OTHEF]WISE     KNOWN     AS     AN     ACT
ESTABLISHING        INSTITUTIONAL        MECHANISM        TO        ENSUPE        THE
IMPLEMENTATloN   OF   PROGRAMS   AND   SERVICES   FOR   PEFISONS   WITH
DISABILITIES IN EVERY PPOVINCE
Be  it  enacted  by  the  Senate  and  House  of  F3epresentatives  of  the  Philippines  in
Congress assembled :
SECTION  1.  Short  fi.I/e.  -This  Act  shall  be  known  as  the  "Persons  with
Disability Affairs Office (PDAO)  in all  Local Government Units (LGUs) Act."
SECTION  2.  Section  40  of  F}epublic  Act  No.  7277,  as  amended,  is  hereby
further  amended  to  read  as  follows  AND  RENUMBERED  THE  SUB-SECTIONS
THEREIN ACCORDINGLY:
Section. 40.  Pole of National Agencies and  Local Government Units.
(a)  ALL  LOCAL  GOVERNMENT  UNITS  (LGUs)  SHALL  PROMOTE  AND
INCLUDE IN THEIR LOCAL PRI0PITY PROGPAMS THE ESTABLISHMENT
OF   PERSONS  WITH   DISABILITY   AFFAIRS   OFFICE   (PDAO)   lN   THEIR
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RESPECTIVE   TERRITOPIAL   JURISDICTloNS.    National    agencies,    civil
society     organizations,      and      non-government     organizations,      including
international  non-governmental  organizations,   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,
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)     MANDATORY     ESTABLISHMENT     AND     OPERATloN     OF
pEpsoNs wiTH DisABiLiTy AFFAms oFFicE (pDAo)
ALL    PROVINCES,    CITIES,    AND    MUNICIPALITIES    ARE
MANDATED   TO   ESTABLISH   THROUGH   AN   OPDINANCE
THEIR  RESPECTIVE  PEPSONS WITH  DISABILITY  AFFAIRS
OFFICE  (PDAO)   DIRECTLY  UNDER  THE  OFFICE  OF  THE
LOCAL  CHIEF  EXECUTIVE  (OFFICE  OF  THE  GOVERNOR,
CITY  OR  MUNICIPAL  MAYOR,  AS  THE  CASE  MAYBE).  The
Local  Chief  Executive  shall  appoint  a  HEAD  OF  THE  PDAO,
SUBJECT  TO  THE  CONFIRMATION  BY  THE  SANGGUNIAN
CONCERNED,    AND    IN    COMPLIANCE    WITH    THE    CIVIL
SERVICE F]ULES ON THE APPOINTMENT OF DEPARTMENT
HEADS IN  LGUs. The  PDAO shall  be responsible for managing
and overseeing 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)    Formulate   and   implement   policies,    plans   and   programs
INCLUDING      BUT      NOT      LIMITED      TO            LIVELIHOOD,
REHABILITATION,   AND   SELF-RELIANCE   PPOGPAMS   to
promote   the   welfare   of   PEPSONS   WITH   DISABILITIES   in
coordination   with   concerned   national   and   local   government
agencies;
(ii) Coordinate and ENSURE the implementation of the provisions
of this  Act,  Batas  Pambansa  81g.  344,  otherwise  known  as  the
Accessibility  Law,  PEPUBLIC  ACT  NO.10754  ALSO  KNOWN
AS  AN  ACT  EXPANDING  THE  BENEFITS  AND  PPIVILEGES
OF  PERSONS  WITH  DISABILITY  (PWD),  and  other  relevant
DISABILITY-RELATED   LAWS   OR   POLICIES   that   may   be
promulgated thereafter,  at the local level;
(iii)  Pepresent  PEPSONS  WITH  DISABILITIES  in  meetings  of
local development councils and other special bodies. AS SUCH,
THE    HEAD   OF   PDA0   SHALL   CONDUCT   AN   ANNUAL
GENERAL   ASSEMBLY   AND   PERIODIC   CONSULTATIONS
WITH          VARlous         PEPSONS         WITH          DISABILITY
ORGANIZATIONS  WITHIN  THEIR  AREA  OF  JURISDICTION
TO GATHER  FEEDBACK AND  INSIGHTS ON  POLICIES AND
PF]OGRAMS  RELATED  TO  PERSONS  WITH  DISABILITIES.
THESE  CONSULTATIONS  SHOULD  BE  CONDUCTED  IN  A
MANNER  THAT  IS  ACCESSIBLE  AND  INCLUSIVE  T0  ALL
PERSONS WITH  DISABILITIES;
(iv)  RECOMMEND  AND  ENCOURAGE  THE  PARTICIPATION
OF        NON-GOVERNMENT        ORGANIZATIONS        (NGOs),
PEOPLE'S OF]GANIZATIONS (POs),  AND OTHEF}  PERSONS
WITH      DISABILITIES      OPGANIZATIONS      IN      MEETINGS
F}ELATED    T0    THE    IMPLEMENTATION    OF    DISABILITY-
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RELATED  LAWS  AND  POLICIES.  THE  PDAO  SHALL  ALSO
CONDUCT         PEGULAR         MEETINGS        WITH         THESE
ORGANIZATIONS    TO     PPOMOTE     COOPERATION     AND
COLLABORATION                     TOWARDS                     EFFECTIVE
IMPLEMENTATION OF THESE LAWS AND POLICIES;
(v)   Gather   and   compile   relevant   data   on   PEFISONS   WITH
DISABILITIES in their localities;
(vi)   MAINTAIN   A   UNIFORM   AND   STANDARDIZED   LOCAL
DATABASE    LINKED    TO    A    NATIONAL    REGISTRY    FOR
PERSONS WITH  DISABILITY (NRPWD) SYSTEM;
(vii)    Disseminate    information    including,    but    not    limited    to,
programs and activities for PERSONS WITH DISABILITIES,  AS
WELL  AS   RELEVANT  STATISTICS   DISAGGREGATED   BY
GENDER, TYPE 0F DISABILITY IN ACCORDANCE WITH THE
INTERNATIONAL     CLASSIFICATION     OF     FUNCTloNING,
DISABILITY, AND  HEALTH  (lcF), ADDRESS,  EDUCATIONAL
AITAINMENT,      EMPLOYMENT     STATUS,      AND     OTHER
NECESSARY  INFORMATION  including  children  with  disability,
and training  and employment opportunities for PEF}SONS WITH
DISABILITIES;
(viii)  Submit  REGULAR  reports  to  the  Office  of the  Local  Chief
Executive on the implementation of programs and services for the
promotion of welfare of  PEF]SONS WITH  DISABILITIES in their
respective   areas   of   jurisdiction.   THESE   REPORTS   SHALL
INCLUDE  AN  ASSESSMENT  OF  THE  EFFECTIVENESS  OF
EXISTING    PROGRAMS    AND    SERVICES,    AS    WELL    AS
RECOMMENDATIONS  FOF]  IMPROVEMENTS  AND  FUTUF]E
INITIATIVES;
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(ix)    Ensure   that   the   policies,    plans   and    programs   for   the
promotion  of  welfare  of   PEPSONS  WITH   DISABILITIES  are
funded by both the national and local government;
(x)  MONITOR  FUNDRAISING  ACTIVITIES  CONDUCTED  FOR
THE BENEFIT OF PERSONS WITH DISABILITIES. THE PDAO
SHALL    ENSURE   THAT    FUNDRAISING    ACTIVITIES   APE
CONDUCTED   IN   A  TRANSPAF]ENT   AND   ACCOUNTABLE
MANNER,  AND  THAT THE  PROCEEDS  ARE  USED  SOLELY
FOF]  THE  BENEFIT OF  PERSONS  WITH  DISABILITIES.  THE
PDAO     SHALL     ALSO      ENSURE     THAT     FUNDRAISING
ACTIVITIES    ARE    CONDUCTED    IN    COMPLIANCE    WITH
APPLICABLE LAWS AND REGULATloNS;
(xi) Seek donations in cash or in kind from local or foreign donors
to   implement   an   approved   work   plan   for   PEPSONS   WITH
DISABILITIES, in accordance with existing laws and regulations.
THE  PDAO  SHALL  ALSO  ENSUPE  THAT  ALL  DONATIONS
F]ECEIVED     AF]E     PROPEF]LY     ACCOUNTED     FOR     AND
PEPOF!TED   IN   ACCOF}DANCE  WITH   APPLICABLE   LAWS
AND REGULATION; and
(xii)  Perform  such  other functions  as  may  be  necessary for the
promotion of welfare of PERSONS WITH  DISABILITIES.
(2)  DESIGNATION  OF  FOCAL  PERSONS  IN  LIEU  OF  PEPSONS
WITH  DISABILITY AFFAIRS OFFICE (PDAO)
ln  consideration  of  budget  restraints,  Local  Chief  Executives  of
fourth  (4th), fifth  (5th),  and sixth  (6th) class municipalities may,  in
lieu of a PDAO, designate a Focal Person to perform the functions
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of the Persons with  Disability Affairs Office (PDAO).  In appointing
a  Focal  Person,  priority  SHALL  be  given  to  a  PERSON  WITH
DISABILITY  who  has  experience  in  providing  services  to  the
DISABILITY  SECTOR.  HOWEVER,  THIS  PROVISION  SHALL
NOT     PRECLUDE     THE     4TH,     5TH,     OR     6TH     CLASS
MUNICIPALITIES  FROM  ESTABLISHING  A  PDA0  lN  THEIR
RESPECTIVE AREAS OF JURISDICTION.
The  establishment  of  a  PDAO  or  the  appointment  of  a  Focal
Person, as the case may be, should be done in coordination and
GUIDANCE  of  the   DEPARTMENT  OF  THE  INTERIOPI  AND
LOCAL   GOVEPNMENT,   AND   NOMINATIONS   FROM   THE
GENEF}AL MEMBERSHIP OF VARIOUS OPGANIZATIONS OF
PERSONS     WITH     DISABILITY     IN     THEIR     RESPECTIVE
TEPRITORIAL JURISDICTION.
SECTION 3.  Preferences 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 4. 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 4th, 5th, and 6th class municipalities.
SECTION 5. Role of the Department of Interior and Local Government (DILG).
-  The   Department  of   Interior  and   Local   Government  (DILG)   shall   establish   and
maintain a monitoring team solely for the purpose of ensuring the establishment and
the effective operations of PDAOs or the appointment of focal  persons,  as the case
may be,  in every local government unit with the following specific functions:
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(a)  Ensure   the   creation,   compliance,   and   implementation   of   all   LGUs   in   the
establishment of PDAOs or the appointment of focal persons  in their respective
jurisdictions;
(b)  Ensure that the annual budget of every province, city and municipality includes
provisions to fund the establishment and operations of a PDAO or the programs
and activities of the focal  persons in their respective jurisdictions;
(c)  Provide  technical  assistance  to  LGUs  such  as,  but  not  limited  to,  capacity
building and facilitating a smooth transition from provincial/city/municipal social
welfare and development office to PDAO;
(d) Establish  a  minimum  standard  of  policies,   plans,   and   programs  aimed   at
promoting the empowerment,  rights, and welfare of persons with disabilities;
(e) Incorporate  the  presence  and  functionality  of  PDAO  and  their  programs  as
indicators monitored through the  local governance  performance  management
system (LGPMS) and seal of good local governance   (SGLG);
(f)   Incentivize  or  recognize  the  effectiveness  and  performance  of  PDAO  or  the
focal person, and integrate this as a key factor in assessing the performance of
local government units through  LGPMS or SGLG  programs;
(g) Coordinate  with  other  national  agencies  regarding  concerns  of  persons  with
disabilities within the  LGU; and,
(h)  Initiate  and  conduct  immediate  investigation  of  LGUs  that  are  non-compliant
with the establishment and effective operation of PDAOs or focal persons, and
recommend appropriate action without delay.
The DILG secretary is granted the authority to restructure its internal organizational
framework as deemed  necessary to efficiently and  effectively fulfill  the objectives of
this provision.
SECTION 6.  Creaf7.on of a da[abase managemenf system. -All  PDAOs in
every province,  city,  and  municipality under the supervision of the  DILG,  and  subject
to the  requirements of the data privacy laws,  are  hereby authorized  and  required  to
create,  collect,  and  maintain  a  uniform  and  standardized  local  database  of  persons
with  disabilities  linked  to  a  National  F3egistry  for  Persons  With  Disability  (NFtpwD)
10


System.  The  DILG,  DOST,  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 such
as  gender,  type  of  disability  in  accordance  with  the   International   Identification  of
Functioning,     Disability,     and     Health     (lcF),     address,     educational     attainment,
employment status, and other relevant information.
SECTION   i.    Establishment   of   a   uniform   Persons   with    Disability
/denf/-/7-cafi-on   /PWD  /D/   System.      The   data   gathered   under  the   immediately
preceding  section  shall  serve  as  basis  for  establishing  a  uniform  PWD  ID  system
across the country.  Provi.ded, however, that the issuance of PWD IDs shall be based
on a medical abstract issued  by a licensed  medical doctor.  Medical examinations for
the  purpose of classifying  the disability of a  PWD  shall  be free  of charge from  both
public or private licensed medical doctors.
SECTION    8.    Appropri.afi.ons.    The    amount    necessary    to    fund    the
implementation of this Act shall  be included  in the General Appropriations Act (GAA)
under the  DILG.
To  effectively  achieve  the  objectives  of  this  Act,  every  province,  city,  and
municipality shall allocate the necessary funds from their annual budget for programs,
projects, and activities (PPAs) for persons with disabilities, which must be included in
their respective annual  investment plans (Alps).  Failure to provide the appropriations
and  inclusion  of  PPAs  for  Persons  with  Disabilities  in  LGU's  AIP  shall  render  the
annual budget inoperative. Any attempt to enforce an invalid annual budget shall serve
as  sufficient  grounds  for  the  suspension  or  dismissal  of  the  official  or  employee
concerned by court order.
SECFTION 9.  Implementing  rules and  regulations. -W.I+hiin stixrty (60) days
from the effectivity of this Act, the 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 (CHP), and Civil Service
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Commission  (CSC),  shall  promulgate  and  issue  the  necessary  guidelines  for  the
mandatory establishment of PDAOs in all  LGUs.
SECTION  10.  Aepea/ing C/aLise.  -All  laws,  presidential  decrees,  executive
orders, and rules and regulations inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
SECTION  11.  Separabi./i.[y C/aLise.  -If any provision  of this Act is declared
unconstitutional,  the  same  shall  not  affect  the  validity  and  effectivity  of  the  other
provisions hereof .
SECTION 12.  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,
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