Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

vouse¥HYQ, 3849

Introduced by BAYAN MUNA
Representatives NERI J. COLMENARES and CARLOS ISAGANI T. ZARATE

AN ACT ESTABLISHING CITY AND MUNICIPAL REHABILITATION CENTERS
FOR CHILDREN AND YOUTH WITH DISABILITIES

EXPLANATORY NOTE

According to the 2010 Census of Population and Housing in the Philippines, there are 1.44 million
persons with disabilities (PWD) or about 1.23 percent of the total population in the country. It is
estimated that one in 20 households has at least one member that has a disability, half of whom are
not able to attend and finish elementary education. Compared to people without disabilities, PWDs
are three times more likely not to attend school or to have finished any grade level. More than 40
percent of PWDs are also not gainfully employed.

‘The State affirms and mandates the rehabilitation, self-development and integration of PWDs into
mainstream society through the Magna Carta for Persons with Disabilities and other related laws and
programs. In 2008, the Philippines ratified the United Nations Convention on the Rights of Persons
with Disabilities as a re-affirmation of government’s mandate to promote the rights and uplift the
living conditions of the PWDs.
,

While there have been numerous moves to expand projects that assist PWDs, whether through the
installation of facilities and devices that give them more mobility in public and other places or the
entitlement of privileges, discounts and incentives, little has been done;by the government to offer
services that directly address their need for physical and social rehabilitation,

While some PWDs experience lifelong disabilities, others are able to overcome some mobility
problems, but only when they benefit from rehabilitation programs. Children and young adults
benefit most from these activities because of early intervention. This is made more significant
considering that of the almost one million PWDs, 20% are children. More than half of these
disabilities are acquired and can be prevented

However, poor families are unable to avail of these special therapy sessions because of their high
cost and/or lack of nearby facilities. A child with disability needs two (2) to three (3) treatment
sessions a week with each session costing P300 to P500. This does not take into account other
medical needs required for their full rehabilitation.


Fortunately, for the last 15 years, a non-government organization initiative “Breaking Barriers for
Children and Young Adults with Disabilities” (BBCY), implemented in the Philippines by the
Katipunan ng Maykapansanan sa Pilipinas, Inc. (KAMPI) and the Danish Society of Polio and
‘Accident Victims, has worked with local government units in establishing Stimulation and
Therapeutic Activity Centers (STAC) for children with disabilities (CWD). At present there are 138
STAC centers around the country. Through the centers, many CWDs are able to improve their
mobility and skills, and have become empowered and productive members of society. Because of
the positive outcomes and the success of the project, a large number of these STACs have been
tumed over to local government units, non-government agencies and even organizations set up by
parents such as Ang Pederasyon ng mea Magulang na May mga Anak na Maykapansanan sa Pilipinas, Inc.
(AMAMD. BBCY has also expanded their services to include young adults with disabilities. To date,
they are now serving more than 15,000 CWDs in different municipalities.

The success of the BBCY project is testament that the needs of an especially marginalized sector
such as CWDs can be comprehensively addressed. Under the project, the centers provide free
evaluation, physical and occupational therapy and socialization activities for the PWDs and their
families. Other activities include educational assistance, supplemental feeding, parents’ training,
teachers’ training and barangay health workers training for the eventual turnover of centers to the
local government units.

Through this proposed bill, similar centers will be established in cities and municipalities to
empower children and young adults with disabilities as well as the communities they live in. The
centers will be run by the local government units in cooperation with the National Council on
Disability Affairs, Department of Social Welfare, Department of Health, and non-government
organizations and volunteers.

‘The previous Congress approved this measure on third reading and thus immediate approval of this bill
is earnestly sought in the 16* Congress.

(ENARES Rep. CARLOS ISAGANI'T. ZARATE
stylist Bayan Muna Parbylist

Approf,

ep. NI


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSEBILYNo._ S349

Introduced by BAYAN MUNA.
Representatives NERI J. COLMENARES and CARLOS ISAGANI T. ZARATE

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:

SECTION 1. Short Title. — This Act shall be known as the “Children and Youth with Disabilities
Empowerment Act of 2013.”

SECTION 2. Declaration of policy. — Icis the government’s concer and responsibility to facilitate
the rehabilitation of persons with disabilities as provided by Republic Act No. 7277 or the “Magna
Carta for Persons with Disabilities” and the “United Nations Convention on the Rights of Persons
with Disabilities.” The State shall therefore provide for the rehabilitation and training of children
and young adults with disabilities to ensure their right to live freely and independently and to
achieve a more meaningful, productive and satisfying life.

SECTION 3. Definition. For purposes of this Act, the following terms shall mean:

a. Person with disabilities (PWDs) — refer to persons 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;

b. 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 fall
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;

d. Rehabilitation ~ refers to an integrated approach to physical, social, cultural, educational and
vocational measures that create conditions for the individual to attain the highest possible
level of functionality available;


@. 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;

f. Children with disabilities (CWDs)— refer to persons below eighteen (18) years of age who have
disabilities and those over 18 but with mental capacity as that of a child and are unable to
fully take care of themselves because of mental retardation, heating impairments including
deafness, speech or language impairments, visual impairments including blindness, serious
emotional disturbance, orthopedic impairments, autism, traumatic, brain injury, other health
impairments or specific leaning disabilities who by reason thereof need special education
and other services;

9. Youth with disabilities (YWDs) — refer to persons eighteen (18) to thirty-five (35) years old
who have disabilities;

h. Center — refers to a facility that offers free comprehensive rehabilitation services to CWDs
and YWDs, including but not limited to stimulation and therapeutic activity centers;

i. Host Local Government Unit (LGU) ~ refers to a city or municipality where a center is
established; and

i. Indusive Education — refers to the sight of all learners to a quality education that meets basic
learning needs and enriches lives. Focusing particularly on vulnerable and marginalized
groups, it seeks to develop the full potential of every individual.

SECTION 4. Establishment of Centers. — There shall be Centers for CWDs and YWDs in every
city, municipality, or cluster of municipalities supervised by the appropriate provincial, city or
municipal government.

‘The Center may be located in an accessible existing structure and the facilities and equipment it
requires shall be identified and provided by the host LGU. If there is no existing structure, the
provincial, city or municipal government may provide for the necessary land, construction of the
Center, and purchase of required equipment. Other allowable sources of funds may also be tapped
in establishing a Center.

‘The location of the Center shall be guided by statistical data indicating the location of PWDs as
provided by the Department of Health. In order to facilitate community-based rehabilitation
programs, satellite facilities may be established in municipalities and barangays, as may be necessary.
SECTION 5. Functions of the Centers. — The Centers shall carry out the following functions:

a. Physical Rehabilitation — The 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. Parents and other volunteers will also be trained to do basic
exercises for these children and youth in their own homes to ensure their continued.

b. Social Rehabilitation — The Centers shall provide regular counseling and social enhancement

4


activities. The YWDs may be grouped together and provided with organizational
development trainings for the formation of their own advocacy association for PWDs.

©. Education Component — The Centers shall enable the CWDs or YWDs to attend regular
schools for inclusive education,

d. Psycho-social Component — The Centers shall provide selfdevelopment training
opportunities such as personality development, career development, job and internship
coaching and orientation for potential employers.

@. Information and Resource Center ~ The 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.

SECTION 6. Center Workers and Volunteers. — ‘The mayor shall appoint or designate a person
with experience in health and social work, preferable a PWD, as head of the Center and may
designate social workers and health workers as staff members, as well as other personnel who
possess the necessary professional qualifications. The mayor may also call upon members of the
community to provide medical, education, and other services and facilities for the beneficiaries.

Each Center will be composed of the following people:

a. Physical ‘Therapist (at least one) who will be or is trained in occupational therapy;

b. Social Workers who will identify, assess and provide social services to the CWDs, YWDs
and their families. They are also responsible for organizing and empowering the associations
of the parents and YWDs;

Special education teacher; and

Barangay Health Workers who will be or are trained for basic rehabilitation. They will assist
in the identification of beneficiaries and their disabilities and the execution of rehabilitation
activities.

a9

A volunteer rehabilitation doctor or a rehabilitation doctor from a nearby public hospital should
evaluate the beneficiaries and provide initial rehabilitation plans to guide the team. Also, other
personnel such as speech therapists, psychologists and other specialists and trained volunteers may
be employed to provide services in the centers.

SECTION 7. Fiscal Incentives.
Act:

‘The following fiscal incentives shall be provided for under this

a. The Centers shall be exempted from the payment of customs duties, taxes and tariffs on the
importation of equipment and supplies used actually, directly and exclusively by the Centers
pursuant to this Act, including those donated to the Centers.

b. Alll grants, endowments, donations, or contributions used actually, directly and exclusively
for the Centers shall be exempt from donor's or gift tax and are likewise tax deductible.

SECTION 8. Implementing Rules and Regulations. - The Council, in coordination with the
Department of Interior and Local Government (DILG), DSWD, Department of Health (DOH) and
onganizations advocating the rights of persons with disabilities such as Ang Pederasyon ng mga
Magulang na May mga Anak na Maykapansanan sa Pilipinas, Inc. (AMAMD) shall promulgate the
necessary implementing rules and regulations within sixty (60) days after this Act takes effect. The
said agencies and groups will assist in the effective implementation of this Act and provide the


necessary support services for such.
SECTION 10. Appropriations. - First, second and third class municipalities shall provide fanding
for the operation and maintenance of their Centers. The sum necessary for the continuous operation
of fourth and fifth class municipality centers shall be subsidized in part by the national government
and in part by the local government units concemed; provided that, for the initial year of
implementation, the sum of five hundred million pesos (P500,000,000.00) is hereby authorized to
be charged against the savings ftom the current appropriations of the DILG, DSWD and DOH;
provided further that thereafter, such amount as may be necessary for the implementation of this
‘Act shall be included in the General Appropriations Act.

SECTION 11. Constitutionality. — Should any provision of this Act be declared invalid or
unconstitutional, the validity or constitutionality of the other provisions shall not be affected
thereby,

SECTION 12. 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.

SECTION 13. Effectivity. — This Act shall take effect fifteen (15) days after its publication in two
(2) newspapers of general circulation.

Approved,