ot

LSE

Republic of the Philippines 4 EN
oo
fy” RECEIVED

HOUSE OF REPRESENTATIVES
Quezon City, Philippines

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 457 Xf

INTRODUCED BY REP. MARCELINO “MARCY” R. TEODORO.

EXPLANATORY NOTE

The State mandates to pursue the rehabilitation, self-development and full
integration of persons with disabilities (PWDs) intro mainstream society through the
Magna Carta for Persons with Disabilities and other related laws and programs and with
the ratification of the United Nations Convention on the Rights of Persons with
Disabilities in 2008

‘The 2000 Census of Population and Housing places the number of PWDs at
942,098, and as this data was obtained 13 years ago, there is a strong probability that the
population has already increased. PWDs are three times more likely not to attend school
orto finish any grade level compared to people without disabilities. Moreover, at least 40
percent of PWDs are not gainfully employed

While there are numerous government and private initiatives to assist PWDs
through the installation of facilities and infrastructure aids that give them more mobility
in public places and entitlement of some privileges and incentives, there is a lack of
provision from the State that directly address their need for physical and social
rehabilitation

Many PWDs are able to overcome some mobility problems when intervention
rehabilitation programs were available. Lifelong disabilities can be addressed if these
special therapy sessions are conducted early. This is very significant considering that
20% of the estimated one million PWDs in the country are children

However, poor families are incapable of availing special therapy sessions because
of their prohibitive costs and/or lack of accessible facilities. A child with disability needs
at least two (2) to three (3) therapy sessions a week with each session costing from P300
to P500, apart from other medical needs required for their full rehabilitation

This provides impetus for mainstreaming a policy of appropriately establishing
Stimulation and Therapeutic Activity Centers (STAC) for children with disabilities in
areas where they are needed across the country. In the Philippines, a non-government
organization - Katipunan ng Maykapansanan sa Pilipinas, Inc. (KAMP!) - implemented
the “Breaking Barriers for Children and Young Adults with Disabilities” (BBCY) project,
supported by the Danish Society of Polio and Accident Victims. The endeavor put up 138
STAC centers in the country in the course of the project's 15 years

Through these STAC centers, many children with disabilities were able to
improve their mobility and skills, and had become productive members of society. These
centers provide free evaluation, physical and occupational therapy and socialization
activities for the PWDs and their families. Other activities include specialized training for
parents, teachers, and barangay health workers. A large number of these STAC centers
were later on turned over to local government units and were sustained well to this day.



This proposed measure aims to institutionalize the establishment of STAC centers
in all cities and municipalities for the empowerment of 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 relevant national government agencies, non-
government organizations and community volunteers.

In view of the aforementioned, urgent approval of this bill is sincerely sought.

Vip

MARCELINO “MAR¢
Representative
Ist District, City of Marikina



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 457

INTRODUCED BY REP. MARCELINO “MARCY” R. TEODORO

AN ACT ESTABLISHING REHABILITATION CENTERS FOR CHILDREN
AND YOUTH WITH DISABILITIES NATIONWIDE

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.”

SEC. 2. Declaration of Policy. ~ It is the government's concern 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 youth with disabilities to ensure their
right to live freely and independently and to achieve a more meaningful, productive and
satisfying life

SEC. 3. Definition of Terms. — For purposes of this Act, the following terms are hereby
defined.

(a) Persons 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 full and effective participation in society on equal basis with others,

(c) 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,
spiritual, educational and vocational measures that create conditions for the
individual to attain the highest possible level of functionality available,

(c) Social Barriers refer to the characteristics of institutions, whether legal,
economic, cultural, or recreational: any other human group; community; or aspect
of society which limit the fullest possible participation of PWDs in the life of the
group. These include negative attitudes which tend to single out and exclude those
with disabilities and which distort roles and inter-personal relationships

() 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, hearing 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 learning disabilities who by reason thereof need special
education and other services;

(g) Youth with Disabilities (YWDs) refer to persons who are eighteen (18) to thirty-
five (35) years old who have disabilities;

(h) Center refers to a government-run 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

(j) Inclusive Education refers to the right of all learners to a quality education that
meets basic learning needs and enriches lives. Focusing particularly on vulnerable
and marginalized groups, it secks to develop the full potential of every individual

SEC. 4. Establishment of Centers. — Vhere shall be Centers for CWDs and YWDs
nationwide which can be 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 shall 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.

Selecting the location for 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

SEC. 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
shall also be trained to do basic exercises for these children and youth in their
‘own homes to ensure their continued rehabilitation.

(b) Social Rehabilitation — The Centers shall provide regular counseling and social
enhancement activities. The YWDs may be grouped together and provided with
organizational development trainings for the formation of their own advocacy
association for PWDs.

(c) 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 self-development training
opportunities such as on personality development, career development, job and
internship coaching, and orientation for potential employers


(e) 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.

SEC. 6. Center Workers and Volunteers. ~ The local government unit (LGU) through
the Municipal Social Welfare and Development Office and Municipal Health Office shall
appoint or designate a person with experience in health and social work, preferably 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 LGU may also call upon members of the community to provide
medical, educational, and other services and facilities for the beneficiaries

Each Center shall have the following staff complement who may be
existing pool of personnel of the host LGU or be appointed as necessary:

igned from the

(a) At least one physical therapist who is or may be trained in occupational therapy;

(b) Social workers who shall identify, assess and provide social services to the
CWDs, YAWDs and their families. They shall also be responsible for organizing
and empowering the associations of parents and YAWDs,

(c) At least one special education teacher, and

(d) Barangay health workers who will be or are trained in basic rehabilitation. They
shall assist in the identification of beneficiaries and their disabilities and the
execution of rehabilitation activities.

SEC. 7. Partnership. The host LGU may collaborate with non-government
organizations, educational institutions and other stakeholders for the provision of support
services.

SEC. 8. Referral Fees. — Cities and municipalities, other than the host LGU, shall pay a
fee for every CWD or YWD referred to the Center. Referral fees collected shall be
utilized for the operation and maintenance of the Center and salary of personnel.

SEC. 9. Tax Exemption. — All grants, endowments, donations and contributions to the
Centers for their actual, direct and exclusive use shall be exempt from donor's tax and the
same shall be allowed as deductions from the donor's gross income for purposes of
computing the taxable income of the donor in accordance with the provisions of the
National Internal Revenue Code of 1997, as amended

SEC. 10. Appropriations. — The amount needed to provide for the national government
subsidy to the concerned city, municipality, or host LGU for the initial construction,
establishment, or repair of the rehabilitation Centers for children and youth with
disabilities shall be included in the Annual General Appropriations Act. The concerned
city, municipality, or host LGU shall set aside funds from any available local revenues in
an amount deemed appropriate by the local officials concerned for the operation and
maintenance of the Center.

SEC. 11. Implementing Rules and Regulations. ~ The Department of Social Welfare
and Development and the National Council on Disability Affairs, in consultation with
concerned national government agencies, the League of Provinces, League of Cities.
League of Municipalities, and non-government organizations advocating the rights of
PWDs, shall promulgate the implementing rules and regulations within sixty (60) days
after this Act takes effect. The said agencies and groups shall assist in the effective
implementation of this Act and provide the necessary support services for such.


SEC. 12. Separability Clause. — Should any provision of this Act be declared invalid or
unconstitutional, the validity or constitutionality of the other provisions shall not be
affected thereby

SEC. 13. 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

SEC. 14. Effectivity. ~ This Act shall take effect fifteen (15) days after its publication in
two (2) newspapers of general circulation.

Approved,