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Republic of the Philippines ff
HOUSE OF REPRESENTATIVES RECE IveD % A
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Quezon City, Metro Manila

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NINETEENTH CONGRESS (yt, TIME:
First Regular Session Y ¢

HOUSE BILLN 425 0

Introduced by Representative Ivan Howard A. Gi

EXPLANATORY NOTE

Section 4, Article XV of the 1987 Constitution states that the family has the duty to
take care of its elderly members but the State may also do so through just programs of social
security.

Furthermore, Section 11, Article XIII of the Constitution states that the State shall adopt
an integrated and comprehensive approach to health development which shall endeavor to
make essential goods, health and other social services available to all the people at affordable
cost. There shall be priority for the needs of the underprivileged, sick, elderly, disabled,
women, and children. The State shall endeavor to provide free medical care to paupers.

The number of indigent families covered by the Philippine Health Insurance
Corporation (PhilHealth) Indigent Program for needy families increased from 2904 in 1997 to
14.7 million in 2014. However, despite the increase of families covered by this program, access
to accredited healthcare service remains a challenge for underprivileged Filipinos.! According
to the 2013 National Demographic and Health Survey Report, there are two major obstacles
preventing households from visiting healthcare facilities. These are (i) lack of financial
resources, and (ii) inaccessibility of healthcare facilities due to the geographic remoteness of
the facilities, especially for those located in the rural areas.

Based on the last National Disability Prevalence Survey? conducted in 2016, disability
prevalence in the Philippines was recorded at 12% of Filipinos aged 15 and older. It was also
reported that almost one in every two (47%) experienced moderate disability while 23% had
mild disability. The results were worse in older generations with almost one-third of

* htips:/link springer.com/content/pat/10.1007/s12197-020-09525-5.pdf
2 https://psa.gov.ph/ndps/disability-survey-id/138567


populations aged 60 or older afflicted with severe disability.

Based on the findings of the 2013 National Demographic and Health Survey Report on
the accessibility of indigent people to healthcare facilities and with this high percentage of
persons with disability, there is indeed a need to increase the number of social protection
measures granted to members of this vulnerable sector of society.

Filipinos are known to be very family oriented as we would prioritize taking care of our
vulnerable family members rather than opting to leave them in shelter homes. This is also
evident as the government prioritizes the protection of the persons with disabilities (PWDs)
through enacted laws. Republic Act No. 7277, otherwise known as the “Magna Carta for
Persons with Disabilities,” along with the amendments to the said law, is a confirmation of the
government's efforts to protect the welfare and growth of our PWDs. Despite the efforts of the
national government, our PWDs still face the harshest of conditions such as lacking assess to
education, social protection, health-care services, employment, and livelihood opportunities.>

This bill seeks to provide a monthly social pension amounting to Php 2,000 from the
Department of Social Welfare and Development (DSWD) to indigent PWDs to be able to assist
them in their daily subsistence. For the effective implementation of this bill, a database of
PWDs must be created by the National Council on Disability Affairs and the DSWD. Renewed
efforts must be made to collect comprehensive, accurate and up to date information that can be
disaggregated according to a wide range of variables as a basis for effective planning and
implementation services, and monitoring and evaluation.

3 hutps://www.adb.orp/sites/defaull/files/publication/760671 /adb-brief-203-disability-social-protection-asia. pdf


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

No, 4250

HOUSE BILL NO.

Introduced by Representative Ivan Howard A. Guintu

AN ACT
PROVIDING FOR THE SOCIAL PENSION OF INDIGENT PERSONS WITH DISABILITY,
AND PROVIDING FUNDS THEREFOR

Be it enacted by the Senate and the House of Representatives of the Philippines in

Congress assembled:

SEC 1. Short Title. — This Act shall be known as “Monthly Social Pension for Indigent
Persons with Disability Act.”

SEC 2. Declaration of Policy. — It is the policy of the State to promote a just and
dynamic social order that will ensure the prosperity and independence of the nation and free
the people from poverty through policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of life for all. The State shall
provide priority to the needs of vulnerable sectors such as persons with disabilities. In
pursuance of this end, social protection measures such as the grant of monthly social pension

shall be extended to indigent persons with disabilities.

SEC 3. Definition of Terms. — For purposes of this Act, these terms are defined as
follows:
a. Persons with Disabilities (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;

b. Indigent Person with Disability refers to a person with disability who is frail, sickly,


and without pension or permanent source of income, or regular support fom his/her
relatives to meet his/her basic needs.

¢. Impairment is any loss, diminution or aberration of psychological, physiological, or
anatomical structure of function;

d. Disability refers to (1) a physical or mental impairment that substantially limits one or
more psychological, physiological or anatomical function of an individual or activities
of such individual; (2) a record of such an impairment; or (3) being regarded as having
such an impairment;

e. Handicap refers to a disadvantage for a given individual resulting from an impairment
ora disability, that limits or prevents the functions or activity, that is considered normal
given the age and sex of the individual

SEC 4. Coverage. ~ All indigent PWD, as verified and certified by the Department of
Social Welfare and Development (DSWD) and the National Council on Disability Affairs
(NCDA) shall be covered by the provisions of this Act.

The eligible PWD shall be entitled to a monthly social pension from the DSWD
amounting to Php 2,000 to augment his/her daily subsistence, subject to existing government
auditing rules and regulations: Provided, that the social pension may be waived if the PWD is
capable of supporting his/her own self or his/her family as certified by the DSWD Field Office

concerned.

SEC 5. Database of PWDs.—To implement effectively, a database of all PWDs should
be created by the NCDA and DSWD. Renewed efforts must be made to collect comprehensive,
accurate and update information that can be disaggregated according to a wide range of
variables as a basis for effective planning and implementation services, and monitoring and
evaluation. The creation and management of this database shall adhere strictly to the standards
set forth in Republic Act No. 10173, otherwise known as the “Data Privacy Act of 2012.”

SEC 6. Policy on PWD Identification Cards. — The issuance of PWD Identification
Cards pursuant to Republic Act No. 7277, otherwise known as the “Magna Carta for Persons
with Disabilities,” as amended, along with other relevant administrative issuances and local

ordinances, shall incorporate the information necessary for the granting of the monthly social


pension to eligible PWDs. The issuance of an authentic PWD Identification Card is a pre-
requisite to qualify as a beneficiary under this Act.

SEC 7. Penal Provisions. — The penalties shall apply to the following:

a. Any PWD, or his/her parent or his/her relative of any degree of consanguinity
or affinity, or any third person found to be deliberately committing any
fraudulent act of enrolling a PWD to the program when said person is not
indigent shall suffer the following:

i. For the first violation, a fine of not less than Twenty-five thousand pesos
(Php 25,000.00) but not exceeding Fifty thousand pesos (Php
50,000.00); and

ii. Forany subsequent violation, a fine of not less than Fifty thousand pesos
(Php 50,000.00) but not exceeding One hundred thousand pesos (Php
100,000.00).

b. Any person, natural or juridical, violating any provision of this Act and its IRR,
except violations pertaining to Subsection a of this Section, shall be penalized
with a fine of not less than Fifty thousand pesos (Php 50,000.00) but not
exceeding One hundred thousand pesos (Php 100,000.00). If the violator is a
corporation, organization or any similar juridical entity, the officials directly
involved and responsible shall be liable therefor.

SEC 8. Appropriations. - The amount necessary for the implementation of this Act
shall be included in the annual General Appropriations of the year following its enactment into
law and thereafter. An initial amount of Two Billion pesos (Php 2,000,000,000.00) shall be
allocated for the first year of its operation.

SEC 9. Implementing Rules and Regulations. — Within sixty (60) days from the
effectivity of this Act, the DSWD, in consultation with the NCDA, Department of Interior and
Local Government, Department of Health, and other relevant government agencies and non-
government organizations, shall issue the necessary rules and regulations to implement the

provisions of this Act.


SEC 10. Report to Congress. ~The DSWD and NCDA shall annually submit a report
to Congress about the status of the implementation of this Act for the purpose of review and
recommendation of additional measures necessary for the attainment of the objectives of this
Act.

SEC 11. Suppletory Clause. — The provisions of Republic Act No. 7277, otherwise
known as the “Magna Carta for Persons with Disabilities,” as amended by Republic Act No.
10754 and Republic Act No. 9442, have suppletory effect to the provisions of this Act.

SEC 12. Repealing Clause. — All laws, presidential decrees, executive orders,
proclamations, rules and regulations, or any part thereof, which are inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SEC 13. Separability Clause. — If any provision or part of this Act, or the application
thereof to any person or circumstance, is held unconstitutional or invalid, the remainder of this

Act shall not be affected thereby.

SEC 14. Effectivity Clause. — This Act shall take effect fifteen (15) days from its

publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,