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

SEVENTEENTH CONGRESS,

First Regular Session

HOUSE BILL NO. 4818

Introduced by Rep. BERNADETTE HERRERA-DY

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. In the 2010 census, the PWDs increased to 1.4M!, a significant increase from the
year 2000.

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 are a lot of provisions that
would directly address their need for physical and social rehabilitation that has yet to be
established like affordable special therapy sessions, rehabilitation, and medicines

This bill seeks to provides impetus for mainstreaming a policy of appropriately
establishing Stimulation and Therapeutic Activity Centers (STAG) in areas where they are
needed across the country. Through the STAG centers, many children with disabilities would
be able to improve their mobility and skills. These centers would provide free evaluation,
physical and occupational therapy and socialization activities for the PWDs and their families.

* Convention on the Rights of Persons with Disabilities (CRPD) adopted on 13 December 2006 at the United
Nations Headquarters in New York; signed 30 March 2007

2 hitps://psa.gov.ph/content/persons-disability-comprised-123-percent-total-population
® hutps://psa.gov.ph/content/persons-disability-philippines-results-2010-census


This proposed measure aims to institutionalize the establishment of STAG 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
goverment units in cooperation with the relevant national goverment agencies,
hongovernment organizations and community volunteers.

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

BRRNARDETTE HERRERA-DY


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

SEVENTEENTH CONGRESS,

First Regular Session

HOUSE BILL NO. 4813

Introduced by Rep. BERNADETTE HERRERA-DY

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 2016."

SEC. 2. Declaration of Policy - It is the govemment’s concem 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 lire.

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) 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;


(©) 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;

(€) 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 (0411)s) 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, orthopaedic
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) Loral Government Unit (LGU) refers to a city or municipality where a center is
established; and

@) Inclusive Education refers to the right of all leamers 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.

SEC. 4. Establishment of Centers — There 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 PW.Ds 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 car YWDs to
attend regular schools for inclusive education.

(4) 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 (I..GLT) 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
staffmembers, 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 assigned from the
existing pool of personnel of the host LGU or be appointed a necessary:

(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) Atleast 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 WU 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
afee for every CWD or YWD referred to the Center. Referral fees collected shall he
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. Appropriation. - The amount needed to provide for the national government
subsidy to the concemed city, municipality, or host LGU for the initial construction,
establishment, or repair of the rehabilitation Centers for children arid youth with
disabilities shall be included in the Annual General Appropriations Act. The concerned
city, municipality, or host [,GU shall set aside funds from any available local revenues

in an amount deemed appropriate by the local officials concemed 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
concemed national govemment 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 or instructions, resolutions,
orders, ordinances or parts thereof which are inconsistent with tile provisions or 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,