a
C4

'S RECEIVED
= DATE May 24, 2021

Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City * TIME 2:25 pm
EIGHTEENTH CONGRESS eS BY Rei by
Second Regular Session Ko ry

Ss

House Bill No, 9413 Wo invex

Introduced by Representative MANUEL ANTONIO F. ZUBIRI

EXPLANATORY NOTE

Based on the 2010 Census of Population and Housing, 1.443 million Filipinos
or 1.57% of the household population of 92.1 million have a disability. It goes on
to show that for every five PWDs, one or 18.9% was aged 0 to 14 years, three or
59% were aged 15 to 64 years, and one or 22.1% was aged 65 years and over.

Created in 1981, the National Council on Disability Affairs (NCDA) is the lead
government agency tasked with program development for persons with disabilities
(PWDs) and the delivery of services to the sector. It was created in 1981.
However, Republic Act No. 7277, or the Magna Carta for Disabled Persons, defines
PWDs are “those suffering from restriction of different abilities, as a result of a
mental, physical or sensory impairment, to perform an activity in the manner or
within the range considered normal for a human being.”

With the considerable number reflected in the data above, this bill seeks to
reorganize the National Council on Disability Affairs into a National Commission on
Disability Affairs and institutionalize the agency‘s mandate of addressing the needs
and concerns of our PWDs.

Under this bill, representatives from other national government agencies
such as the Department of Health, Department of Social Welfare and
Development, Department of Education, Technical Education and Skills
Development Authority and Commission on Higher Education shall sit as members
of the Commission, together with representatives from the private sector. The
Commission shall also have Regional Directors for every region who shall oversee
and supervise activities of the with Disability Affairs Office established by
the LGUs. This is envisioned to * equip the Commission in data collection,
needs identification and policy formulation for the benefit of PWDs from all over
the country. With the proper support and assistance, we believe that they can be
integrated and empowered productive citizens of this nation.

In view of the for ing, the approval of this bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. 9413

Introduced by Representative MANUEL ANTONIO F. ZUBIRI

AN ACT
REORGANIZING THE NATIONAL COUNCIL ON DISABILITY AFFAIRS
INTO THE NATIONAL COMMISSION ON DISABILITY AFFAIRS, DEFINING
ITS POWERS AND FUNCTIONS, 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 “ational
Commission on Disability Affairs Act.”

SEC. 2. Declaration of Policy. - The State recognizes that persons with
disabilities are part of Philippine society and are thus entitled to the same rights as
other people. It is hereby declared the policy of the State to support, protect, and
promote the rights of persons with disabilities. Towards this end, the State shall
establish a National Commission on Disability Affairs to formulate policies and
coordinate activities for persons with disabilities.

SEC. 3. National Commission on Disability Affairs. - There is hereby
created a National Commission on Disability Affairs, hereinafter referred to as the
Commission. It shall be attached to the Office of the President.

SEC. 4. Mandate. - The Commission shall be the national government
agency to formulate policies and coordinate activities of all agencies, whether
public or private, concerning disability issues and concerns. It shall be the lead
agency tasked to steer the course of program development for persons with
disabilities and the delivery of services to the sector.

SEC. 5. Powers and Functions. - The Commission shall exercise the
following powers and functions to carry out its mandate:


(a) Prepare and adopt an integrated and comprehensive long-term National
Rehabilitation Plan, which will ensure the formulation and implementation of
programs and projects to promote the rehabilitation self-reliance, and
development of persons with disabilities;

(b) Conduct consultative meetings and prepare symposia with all stakeholders,
and undertake program evaluation and monitoring to ensure that
comprehensive, relevant and timely programs and services are adequate
and accessible to persons with disabilities;

(c) Identify and immediately address gaps in the implementation of programs
and laws benefitting persons with disabilities, especially the Magna Carta for
Disabled Persons, as amended;

(d) Formulate strategic interventions and provide an expeditious response to
address the immediate concerns of persons with disabilities;

(e) Propose new policies and new legislation, or amendments to existing ones,
that will ensure the attainment of its objectives;

(f) Act as overall coordinating body to rationalize the functions and activities of
government agencies, private entities, and international organizations
operating in the Philippines, and the enforcement of laws related to and
affecting persons with disabilities;

(g) Establish, develop, and maintain a data bank on disabilities in partnership
with concerned government agencies and non-government organizations
and strengthen the referral services to ensure availability of data to
stakeholders and services to persons with disabilities including provision of
assistive devices;

(h) Act as a national consultative and advisory body to the President on matters
within its competence;

(i) Facilitate the conduct of fund-raising activities and formulate innovative
schemes to ensure funding support for major activities for the sector;


(j) Educate and reorient the general public in its attitude and thinking with
regards to persons with disabilities;

(k) Submit quarterly reports to the Congress.

SEC. 6. Composition. - The Commission shall be composed of the
following members:

(a) A Chairperson who shall be appointed by the President;

(b)The Secretaries of the following Departments who shall sit in the
Commission as ex-officio members: Department of Health (DOH),
Department of Social Welfare and Development (DSWD), Department of
Education (DepEd), Technical Education and Skills Development Authority

(TESDA), and Commission on Higher Education (CHED).

The Secretaries mentioned are authorized to designate an Undersecretary to
represent them.

(c) Private sector representatives selected from the following sectors:
(1) Learning Disabilities;

(2) Intellectual Disabilities;

(3) Developmental Disabilities;

(4) Hearing Impairment;

(5) Visual Impairment;

(6) Physical and Mobility Impairments;

(7) Emotional/Behavioral Disorders;

(8) Multi-handicaps;

(9) Pervasive Developmental Disorders.


The incumbent members of the Commission, however, shall continue in
office unless replaced or removed from office by the President.

SEC. 7. Chairperson. - The Chairperson shall be appointed by the
President, subject to confirmation by the Commission on Appointments. The
Chairperson shall have the following duties and responsibilities:

(a) Call and preside over the meetings of the Commission;

(b) Manage and administer the affairs of the Commission;
(c) Monitor the implementation of policies approved by the Commission;

(d) Sign communications for the Commission and represent the Commission
whenever necessary;

(e) Solicit and accept, on behalf of the Commission, gifts, grants, or donations
in accordance with government rules, regulations and policies;

(f) Execute contracts in the pursuit of the Commission‘s objectives as may be
authorized by the Commission, in accordance with government rules and
regulations; and

(g) Organize permanent or ad-hoc committees, consisting of members of the
Commission or such other experts as are deemed necessary for the
discharge of the functions and objectives of the Commission.

SEC. 8. Executive Director. - The Chairperson shall be assisted by an
Executive Director, who shall be appointed by the Chairperson. The Executive
Director shall have the following duties and responsibilities:

(a) Administer the affairs of the Commission;

(b) Implement policies, plans, and programs approved by the Commission;

(c) Exercise direct supervision and control over all the organizational units
placed under his/her jurisdiction including recommending to the Chairperson


the appointment of personnel of the Commission and disciplinary actions as
may be necessary for the effective management of the Commission;

(d) Represent the Commission in administrative and legislative bodies and in
conferences and seminars that require the participation of the Commission;

(e) Prepare and submit to the Commission the annual report on the operations
of the Commission and such other reports as may be required by the
Commission; and

(f) Perform such other functions as may be provided by law.

SEC. 9. Deputy Executive Directors. - The Executive Director shall be
assisted by two Deputies: a Deputy Executive Director for Administration and a
Deputy Executive Director for Operations. The Deputy Executive Directors shall be
appointed by the Chairperson.

SEC. 10. Qualifications. - No person shall be appointed Chairperson,
Executive Director, or Deputy Executive Director of the Commission unless he or
she is a citizen and resident of the Philippines, of good moral character, of proven
integrity, and with at least seven (7) years of competence and expertise in
delivering service to persons with disabilities.

SEC. 11. Regional Directors. - The Commission shall have one Regional
Director for every region who shall supervise the official activities of all provinces,
cities, and municipalities under the jurisdiction of the concerned region. He/she
shall be the primary coordinating and overseeing authority over the Persons with
Disability Affairs Office (PDAO) established by local government units (LGUs). The
Regional Director may be assisted by one (1) Assistant Regional Director. The
Regional Director shall have, within their respective administrative regions, the
following functions:

(a) Implement laws, policies, plans, programs, projects, rules, and regulations
of the Commission;

(b) Provide efficient and effective service to the people;


(c) Coordinate with regional offices of other departments, offices, and
agencies;

(d) Coordinate with the LGUs and their PDAOs; and

(e) Perform such other functions as may be provided by law or assigned by the
Chairperson.

SEC. 12. Sectoral and Industry Task Forces. - The Commission may
create sectoral and industry task forces, technical working groups, advisory bodies,
or committees for the furtherance of its objectives. Additional private sector
representatives, such as from the academe, civil society organizations, and
federation of private industries directly involved with persons with disabilities, as
well as representatives of other LGUs and government-owned and -controlled
corporations (GOCCs) may be appointed to these working groups. Government
disability affairs professionals may also be tapped to partake in the work of the
Commission through these working groups.

SEC. 13. Structure and Staffing Pattern. - Subject to the approval of
the Department of Budget and Management (DBM), the Commission shall
determine its organizational structure and create new divisions or units as it may
deem necessary, and shall appoint officers and employees of the Commission in
accordance with the civil service law, rules, and regulations.

SEC. 14. Implementing Rules and Regulations. - Within sixty (60)
days from the effectivity of this Act, the National Council on Disability Affairs
(NCDA), Department of Budget and Management (DBM) and other relevant
government agencies, shall promulgate the necessary rules and regulations for the
effective implementation of this Act.

SEC. 15. Appropriations. - The funds needed to initially implement this
Act shall be included in the current fiscal year’s appropriation of the National
Council on Disability Affairs. Thereafter, the amount needed for the operation and
maintenance of the Commission shall be included in the General Appropriations
Act.


SEC. 16. Separability Clause. - Should any provision herein be declared
unconstitutional, the same shall not affect the validity of the other provisions of
this Act.

SEC. 17. Repealing Clause. - All laws, decrees, orders, rules, and
regulations or other issuances or parts inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.

SEC. 18. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any two (2) newspapers of general

Circulation in the Philippines.

Approved,