Republic af the Uhjilippines
House of Represeutatines

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No._3462

Introduced by Rep. Luisa Lloren Cuaresma
Lone District of Nueva Vizcaya

AN ACT PROVIDING FOR THE BENEFITS AND PRIVILEGES TO PERSONS WITH
DOWN SYNDROME BY CREATING AN OFFICE UNDER THE DEPARTMENT OF
HEALTH AND APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

Republic Act No. 7277, otherwise known as “The Magna Carta for Disabled Persons”
that was approved in 1992 was promulgated to ensure that the State will be able to give its full
support to the improvement of the total well-being of disabled persons and aid in their integration
into the mainstream of society.

The said law has been amended several times by numerous other laws, administrative
orders, local ordinances, department circulars, rules and proclamations to improve the welfare of
persons with disabilities or the PWDs.

However, inspite all of the amendments, the existing laws, projects and programs are
not comprehensive and specific enough to translate the laws into concrete and sustainable progress of
the PWDs in the country.

This proposed legislation seeks to establish a system that will help ensure the welfare
and well-being of persons with Down syndrome in the Philippines through the establishment of an
office under the Department of Health.

Down syndrome (DS), also known as Trisomy 21, occurs when an individual has a full
or partial extra copy of chromosome 21. A few of the common physical traits of Down syndrome are
low muscle tone, smal] stature, an upward slant to the eyes, and a single deep crease across the center
of the palm. An individual with Down syndrome may possess these characteristics 1 different
degrees, or not at all. Peopte with Down syndrome experience physical growth and cognitive delays
but they possess unique strengths and talents, attend school, work, and participate in decisions that
affect them, have meaningful relationships, vote and contribute to society in many wonderful ways.

Despite such mental, verbal and intellectual hindrance, the state recognizes the potential
of persons with Down syndrome in labor and various vocations in par with their conditions making
them valuable assets for the development of the state.

The Office for Persons with Down Syndrome shall supervise the implementation of a
research program not only to provide health care information, provisions for early and sustainable
care and to conduct public educational and information campaigns on Down syndrome but also to
research on careers better suited for persons with Down syndrome.

This Bill also seeks to provide fiscal and regulatory incentives to therapists, developers,
teachers, manufacturers, and importers of medicines, medical devices, diagnostic kits and other
pharmaceutical and nutritional products needed by patients with from Down syndrome.


This Bill shall ensure that patients with Down syndrome have better access to adequate
education, medical care, health information, and health care products needed to treat their condition.
It establishes a system to coordinate a sustainable research & development initiative and resource
generation efforts among relevant agencies of the government and the private sector toward
improving the quality of life of patients with Down syndrome and their families.

In view of the foregoing, the passage of this bill is eamestly sought.

CALUISA LLOREN CUARESMA


Philippines
House of Representatives

NINETEENTH CONGRESS
First Regular Session
62

HOUSE BILL NO. 34

Introduced by Rep. Luisa Lloren Charisma
Lone District of Nueva Vizcaya

AN ACT PROVIDING FOR THE BENEFITS AND PRIVILEGES TO PERSONS WITH.
DOWN SYNDROME BY CREATING AN OFFICE UNDER THE DEPARTMENT OF
HEALTH AND APPROPRIATING FUNDS THEREFOR

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 “Down Syndrome Act”

SECTION 2. Declaration of Policy — It is the policy of the State to protect and promote the
right to health of the people and instill health consciousness among them. Towards this end, it shall
develop various program tailored to persons with Down syndrome and their parents or guardians by
providing them a comprehensive package of health, education and social development.

To facilitate full development and support patients with Down syndrome, the State shall exert
all efforts to remove all health, social, cultural, economic, and environmental and attitudinal barriers
that are prejudicial to people with Down syndrome and to recognize what assets they can be in State
development.

SECTION 3. Objectives ~ The objectives of this Act are as follows:

1) Ensure that every patient diagnosed with Down syndrome and their parents or guardians to
have access to timely health information and adequate medical care, including therapists,
medical services and other health care products to treat or otherwise help them cope with
their condition;

2)

Establish an office within the Department of Health:
a. To oversee research & development activities on Down syndrome and determine their
capabilities beneficial to society;
b. To design and maintain a rare disease registry which shall include data on Down
syndrome in the Philippines; and
©. To conduct public education programs to identify persons with Down syndrome and
help the public understand not only with respect to their needs but also to make the
public know they can still adapt well and be an integral part of society
Provide regulatory and fiscal incentives to support research and development activities on
Down syndrome, educators who specialize on persons with Down syndrome, therapists who
specializes in Down syndrome and the importation or manufacturing of affordable medicines
for persons with Down syndrome; and
Institutionalize a financial incentive system for agencies involved in clinical research, patient
care, medical information management and other similar activities for the benefit of persons
with Down syndrome.

3

4)


SECTION 4. Definition of Terms — For the purpose of this Act, the following terms shall
be used under the definition provided hereof, to wit:

a) “Healthcare practitioner” — Any doctor of medicine, dentist, therapists, nurse, midwife, allied
health professionals registered under Professional Regulatory Commissio

b) “Healthcare institution” - refers to hospitals, health infirmaries, health centers, therapy centers,
lying-in or puericulture centers whether public or private;

©) “Medical care" ~ means any method used by health care practitioner to prevent, diagnose and
remove symptoms and cause of disease;

d) "Down Syndrome Registry" - shall mean health information system maintained by the
Department of Health (DOH), including the electronic database system, relating to data on Down
syndrome, persons with Down syndrome, health practitioners that treat persons with Down
syndrome, Heath institutions that provide medical services and therapies for persons with Down
syndrome and list of medical products that are needed by persons with Down syndrome; and

e) "Down Syndrome" — is a chromosomal condition caused by the presence of all or part of a third
copy of chromosomes 21.

f) “PWD Underparent” — Any person who directly provides parental care and assumes parental
responsibilities to a Person with Disability (PWD) or a court appointed guardian, who is duly
appointed by the Board of Evaluators hereinafter created:

) “Person with disability” - a person suffering from restriction or different abilities, as a result of a
mental, physical or sensory impairment, to perform an activity in a manner or within the range
considered normal for human being.

SECTION 5. Creation of Office for Persons with Down Syndrome — There shall be an
Offfice for Persons with Down Syndrome under the Department of Health (DOH) to oversee research
& development activities on Down syndrome, to design and maintain a Down syndrome registry
which shall include data on Down syndrome in the Philippines, patients with Down syndrome, health
care practitioners that treat persons with Down syndrome and medical services and drugs for persons
with Down syndrome.

SECTION 6. Composition of the Office ~The Office for persons with Down syndrome
shall be a collegial body headed by the Assistant Secretary of the DOH as chairman, one
representative each from the Department of Social Welfare and Development, Bureau of Food and
Drugs, the National Institutes of Health, a national support group, a private healthcare company, a
member of the academe, and a representative from the Department of Justice as members and lastly,
a representative from the DSWD as the secretariat.

SECTION 7. Duties and Functions of the Office ~ The Office shall have the following duties
and responsibilities:

1) To enforce the provisions of this Act;

2) Recommend agenda for the conduct and support of research and development initiatives on
Down syndrome, health care and products to identify relevant research opportunities:

3) Promote coordination and cooperation among institutions involved in researches on Down
syndrome;

4) Enter into agreements with and award research grants for centers for researches doing studies
‘on Down syndrome:

5) Prepare annual reports describing the research & development activities supported by the
Office, and identifying projects that should be conducted in the future on Down syndrome;

6) Evaluate activities of the National Institutes of Health in the management of information
system and ensure that Down syndrome registry is current and useful;

7) Ensure appropriate coordination among interested agencies, manufacturers and organizations
iepresenting patients afflicted with Down syndrome;

8) Inform health practitioners and the public regarding the availability of treatments and
medicines;



9) Promote the development of updated treatment guidelines on the approach to persons with
Down syndrome;

10) Establish a referral system to facilitate the provision of appropriate medical care to persons
with Down syndrome:

11) Liaise with national and international patient, health and scientific organizations working on
Down syndrome;

12) To conduct case studies and evaluation to the different conditions affecting the persons with
Down syndrome and their families:

13) To investigate any violation of this Act or of the rules and regulations issued thereunder, as
may come to the knowledge of the Board and for this purpose to issue subpoena and
subpoena duces tecum to alleged violators or witnesses to secure their attendance in
investigations or hearings, and the production of books, papers, and documents in connection
therewith and compel attendance by the power of contempt;

14) To conduct yearly examination and evaluation of social health workers to assigned in every
DSWD field office;

15) To look, from time to time, into the conditions affecting the persons with Down syndrome
and their parents or guardians;

16) Adopt measures as may be deemed necessary to ensure inclusion of persons with Down
syndrome in the society;

17)To provide for reasonable accommodation and accessible environment for persons with
Down syndrome;

18) To advocate respect and awareness about the efforts made to improve the quality of life of
persons with Down syndrome and their families;

19) To research on viable occupations well suited to persons with Down syndrome; and

20)To make the public know that they can adapt and be an integral part of the mainstream
society.

SECTION 8. Supervision of the Board and Custodian of Records — The members of the
Board shall be under the direct supervision of the DOH. All records, including examination papers,
evaluation reports, minutes of deliberation, records of administrative cases and investigations of the
Board shall be kept by the Secretariat of the Board.

SECTION 9. Incentives for Down Syndrome Funding and Resource Generation — The
following shall be exempted from all taxes whether national or local:

1) Donations to the Office of persons with Down syndrome and the National Institutes of

Health intended for research on Down syndrome, maintenance of Down syndrome registry

or for purchase of drugs, products for use solely by persons with Down syndrome;

Procurement of drugs and products for use solely by persons with Down syndrome, as

certified by the National Institute of Health;

3) Healthcare facilities that directly provides therapy for persons with Down syndrome.

4) Drugs and products donated solely for persons with Down syndrome shall be exempt from
payments of all tariffs and duties.

2

SECTION 10. Flexible Work Schedule - The employer shall provide for a flexible working
schedule for employees with Down syndrome. Provided, that the same shall not affect individual and
company productivity.

SECTION 11, Work Discrimination. - No employer shall discriminate against any
employee with respect to terms and conditions of employment on account of his/her condition as a
person with Down syndrome or the status of his/her dependent having Down syndrome, provided
that they do not impede work productivity. and provided further that the nature of their work is not
detrimental to their condition.

SECTION 12. Parental Leave.- In addition to leave privileges under existing laws,
parental Jeave of not more than seven (7) working days every year shall be granted to an underparent
employee who has a dependent with Down syndrome and who has rendered service of at least one
(1) year.


SECTION 13, Emergency Parental Leave ~ In addition to parental leaves, an underparent
may also be given emergency leaves in times when his/her child or ward is experiencing
uncontrollable behavior, severe tantrums, seizures or other cases as determined by the Department of
Health.

SECTION 14. Incentives for Employer - To encourage the active participation of the
private sector in promoting the welfare of persons with Down syndrome and to ensure their gainful
employment, adequate incentives shall be provided to private entities which shall employ persons
with Down syndrome.

SECTION 15. Educational Benefits. - The Department of Education (DepEd), Commission
on Higher Education (CHED) and Technical Education and Skills Development Authority (TESDA)
shall provide the following benefits and privileges:

1) Scholarship programs for qualified persons with Down syndrome in institutions of basic,
tertiary and technical/skills education; and

2) Special Education (SPED) Tutorial programs appropriate for persons with Down syndrome.

3) Ensure that persons with Down syndrome are provided with adequate access to quality
education and ample opportunities to develop their skills.

4) Ensure that public and private educational institution shall take appropriate measures to make
such education accessible to all persons with Down syndrome.

5) Ensure that the public and private educational institutions shall take into consideration the
special needs of persons with Down syndrome in the formulation of educational policies and
program, facilities, class schedules, physical education requirements and other factors
pertaining to their condition.

The DepEd, CHED and TESDA shall promulgate rules and regulations for the proper
implementation of this program.

SECTION 16. Vocational Rehabilitation - Consistent with the principle of equal opportunity
for disabled workers and workers in general, the State shall take appropriate vocational rehabilitation
measures that shall serve to develop the skills and potential of persons with persons with Down
syndrome and enable them to compete favorably for available productive and remunerative
employment opportunities in the labor market.

The State shall also take measures to ensure the provisions of vocational rehabilitation and
livelihood services for underparents in the rural areas. In addition, it shall promote cooperation and
coordination between the government and non-government organization and other private entities
engaged in vocational rehabilitation activities.

The head of TESDA shall design and implement training programs that will provide persons
with Down syndrome with vocational skills to enable them to engage in livelihood activities ot
obtain gainful employment. The Department of Labor and Employment shall likewise design and
conduct training programs geared towards providing persons with Down syndrome with skills for
livelihood.

SECTION 17. Vocational Guidance and Counseling - The Department of Social Welfare
and Development shall implement measures providing and evaluating vocational guidance and
counseling to enable persons with Down syndrome to secure, retain and advance in employment. It
shall also provide training for underparent based on the nature of disability of his/her dependent with
Down syndrome. It shall ensure the availability and training counselors and other qualified staff
responsible for the vocational guidance and counseling of underparents.

SECTION 18. Vocational or Technical and Other Training Programs
‘The State shall provide persons with Down syndrome with training in civics, vocational efficiency,
sports and physical fitness, and other skills. The Department of Education, Culture and Sports shall


establish in at least one government-owned vocational and technical school in every province a
special vocational and technical training program for persons with Down syndrome. It shail develop
and implement training program specifically designed for persons with Down syndrome.

SECTION 19. Role of National Agencies and Local Government Units - Local
government units shall promote the establishment of organizations of disabled persons in their
respective territorial jurisdictions. National agencies and local government units may enter into joint
ventures with organizations or associations of disabled persons to explore livelihood opportunities
and other undertaking that shall enhance the health, physical fitness and the economic and social
well-being of underparents and persons with Down syndrome.

SECTION 20. Implementing Rules and Regulations. — The Department of Health shall
formulate, within ninety (90) days upon the effectivity of this Act, the implementing rules and
regulations in consultation with the local government units, nongovernment organizations and
people's organizations,

SECTION 21. Authority of Court - The court may grant any equitable relief that such
court considers to be appropriate, including, to the extent required by this Act:

1) Granting temporary, preliminary or permanent relief;

2) Providing an auxiliary aid or service, modification of policy. practice or procedure, or
alternative method; and

3) Making facilities readily accessible to and usable by individuals with disabilities.

SECTION 22. Penal Clause - Any person who violates any provision of this Act shall
suffer the following penalties:

1) For the first violation. a fine of not less than Fifty thousand pesos (P 50,000.00) but not
exceeding One hundred thousand pesos (P 100,000.00) or imprisonment of not less than six
(6) months but not more than two (2) years, or both at the discretion of the court; and

2) For any subsequent violation, a fine of not less than One hundred thousand pesos (P
100,000.00) but not exceeding Two hundred thousand pesos (P 200,000.00) or imprisonment
for less than two (2) years but not more than six (6) years, or both at the discretion of the
court.

Any person who abuses the privileges granted herein shall be punished with imprisonment of
not less than six (6) months or a fine of not less than Five thousand pesos (P 5,000.00) but not more
than Fifty thousand pesos (P 50,000.00), or both, at the discretion of the court. If the violator is a
corporation, organization or any similar entity, the officials thereof directly involved shall be liable
therefor. If the violator is an alien or a foreigner, he shall be deported immediately after service of
sentence without further deportation proceedings.

SECTION 23. Appropriations. - The amount necessary to carry out the provisions of this
Act shall be included in the budget of concerned government agencies in the General Appropriations
Act of the year following its enactment into law and thereafter.

SECTION 24. Repealing Clause. - This Act shall apply suppletory to Magna Carta for
Persons with Disability as amended and other existing laws. All laws, decrees, executive orders,
administrative orders or parts thereof inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly

SECTION 25. Separability Clause. - If any provision of this Act is held invalid or
unconstitutional, other provisions not affected thereby shall continue to be in full force and effect.

SECTION 26. Effectivity Clause. - This Act shall take effect fifteen (15) days following its
complete publication in the Official Gazette or in at least two (2) newspaper of general circulation.

Approved,