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

NINETEENTH CONGRESS
First Regular Session

House Bill No. 2575

Introduced by Honorable Ma. Alana Samantha Talifto Santos

AN ACT TO STRENGTHEN THE NATIONAL EFFORTS ON DISABILITY CONCERNS
AS PROVIDED BY THE MAGNA CARTA OF PERSONS WITH DISABILITY (PWD)
AND ESTABLISHING THE NATIONAL COMMISSION ON DISABILITY (NCD) AND
PROVIDING FUNDS THEREFOR

EXPLANATORY NOTE

‘As mandated by Republic Act No. 7277 or the Magna Carta for Persons with Disability (PWD),
the state recognizes that all persons with disability are given the same rights and privileges as a
Filipino without prejudice to their disability. This has resulted in several national laws and policies
enacted to ensure such rights and privileges are protected and upheld. However, adherence to said
laws and policies has seemed to be downplayed and has been taken for granted by those who were
tasked to implement such measures.

Republic Act No. 10070 s.2009 amended Section 40 of the Magna Carta of Persons with Disability
institutionalizing mechanisms ensuring the implementation of programs and services for persons
with disabilities wherein all local government units were mandated to establish the Persons with
Disabilities Affairs Office (PDAO) or appoint focal persons to carry out the roles of the PDAO.
Although PDAOs and/or focal persons were assigned by their respective LGUs, some, if not, many
remain only in paper and were made only for compliance's sake.

This bill seeks to further strengthen the mechanisms put in place for PWDs through the creation
of the National Commission on Disability. The commission will be created by absorbing the roles
and responsibilities of the National Council on Disability Affairs (NCDA) under the Office of the
President and obtaining supervision over the PDAOs, their operations, programs, and activities as
well as providing the necessary support that each will need to carry out their mandates.

Growing up, | am a witness to the struggles of life with a disability. During the final years of his
life, my father endured paralysis caused by an unfortunate accident. This has inspired me to
advocate for better treatment and improved provision of care and services for persons with
disability not only to alleviate their pain but to also assure them that they will not be left behind in
our society.



For this, I implore all members for this bill to be

MA> ‘THA TALINO SANTOS
Representative
istrict, Cotabato Province


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

NINETEENTH CONGRESS
First Regular Session

2575

House Bill No.

Introduced by Honorable Ma, Alana Samantha Taliftio Santos

AN ACT TO STRENGTHEN THE NATIONAL EFFORTS ON DISABILITY
CONCERNS AS PROVIDED BY THE MAGNA CARTA OF PERSONS WITH
DISABILITY (PWD) AND ESTABLISHING THE NATIONAL COMMISSION ON
DISABILITY (NCD) AND PROVIDING FUNDS THEREFOR

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

SECTION 1. Short Title. — This act shall be known as the “National Commission on
Disability Act”.

SECTION 2. Declaration Policy. —It shall be the policy of the state to give full support
to the improvement of the total well-being of persons with disability and to fully integrate them
into mainstream society.

SECTION 3. Establishment of The National Commission on Disability — In
furtherance of the policy enunciated in Section 2 of this Act, the National Commission on
Disability under the Office of the President shall be formed therefore dissolving the current
National Council on Disability Affairs (NCDA). The NCD shall then absorb the current
mandate, functions, and responsibilities of the NCDA, and enforce the Magna Carta on Persons
with Disability and related laws, with additional functions to strengthen the national efforts on
addressing disability concerns.

SECTION 4. Objectives — The NCD shall be established to serve as the lead agency to
formulate policies, programs, and projects intended for the promotion of the well-being of
PWDs, and oversee all projects and services implemented by various government agencies,
instrumentalities, and local government units for PWDs. The NCD shall also promote the
rights, privileges, and services provided for PWDs by the government through constant
information drives and education campaigns.

SECTION 5. Organization and Administration — The NCD shall be established as an
independent commission to be headed by a Chairperson and assisted by two (2)
Commissioners, one for Physical Disability Affairs and another for Mental Disability A fairs.
‘The Commission will be supported administratively by an Executive Director that will manage
the day-to-day operations of the Commission and execute all directives and guidance of the
‘Commission and to be supported by three directors that will handle the operational concerns
of the Commission.


a. Chairperson — The Chairperson of the NCD will be the head of the Commission
and will provide the overall direction concerning PWDs.

b. Commissioner for Physical Disability Affairs ~The Commissioner for Physical

ility Affairs shall assist the Chairperson in formulating policies and programs
regarding disabilities related to physical impairment such as blindness, deafness or
hard of hearing, crippled and any other impairments caused by the loss of limbs or
any appendage leading to limited physical movement and activity.

c. Commissioner for Mental Disability Affairs - The Commissioner for Mental
Disability Affairs shall assist the Chairperson in formulating policies and programs
regarding disabilities related to intellectual impairment and mental health
conditions prohibiting one or more major life functions of an individual.

d. Executive Director — The executive director heads the Commission on an
operational level and manages all administration activities in the execution of its
functions and mandates. The executive director will act as the executory officer of
the Chairperson and Commissioners in steering the commission.

e. Policy and Programs Development Office (PPD) ~ The PPD Office shall provide
technical and administrative support to the commission in formulating relevant
policies and developing appropriate programs and services for PWDs. The PPD
Office must maintain a direct link with the government implementing agencies such
as the Department of Social Welfare and Development (DSWD), Department of
Public Works and Highways (DPWH), Department of Education (DepEd),
Commission on Higher Education (CHED), Technical Education and Skills
Development Authority (TESDA), and other government agencies and
instrumentalities that can provide the necessary support to the national efforts for
the promotion of the well-being and provision of services to PWDs. The PPD Office
shall be headed by a Director.

f. Operations and Strategic Communications Office (OSC) ~ The OSC Office shall
provide technical and administrative support to the commission in the
implementation of its programs and execution of its policies for PWDs. The OSC
Office shall also formulate an effective strategic communications plan ensuring that
all national efforts for PWDs are well promoted and cascaded to all government
agencies, instrumentalities, and local government units. The OSC Office shall be
headed by the Director.

g. Finance and Administrative Management Office (FAM) - The FAM Office shall
provide the necessary financial and administrative support to the Commission and
its other offices in order to fully and efficiently execute its mandates and conduct
programs, projects, and activities.

The commission shall be represented at the regional level by the Regional Coordinating
Office for Disability Concerns (RCODC). The RCODC shall consolidate all efforts of local
government units on PWDs through their respective PDAOs or focal persons and shall also
monitor all programs, projects, and activities concerning PWDs in their respective localities.


SECTION 6. Terms of Office of NCD Officials. — For purposes of effective
implementation of policies, programs, projects, and activities of the NCD, its officials shall
have a fixed term to be identified and defined by this law. The terms of office of each official
are stated below:

a. Chairperson ~ The Chairperson shall serve the Commission with a fixed term of six
(© years. The term will not end unless otherwise provided with justification for
removal from office by the President of the Philippines.

b. Commissioners — The Commissioner of the Commission shall have a fixed term of
six (6) years similar to the Chairperson. The end of terms or removal from office
must be provided with justification and will be executed by the President of the
Philippines.

¢. Executive Director and Directors ~ The Executive Director and Directors shall be
in office with a plantilla position commensurate to their roles and responsibilities
with the Commission to be provided by the Department of Budget and
Management.

The current Chairperson of the NCDA shall act as the interim Chairperson of the
Commission for a fixed term of three (3) years upon creation and shall oversee the beginning
of the administration and operations of the Commission. The Commissioners shall be selected
by the President of the Philippines as endorsed by the concurrent Chairperson of the
Commission to the Office of the President. The appointed Commissioner through this provision
shall already assume the six-year fixed term as defined in this section.

SECTION 7. Promulgation of Implementing Rules. — The Chairperson of the NCDA
is hereby empowered to promulgate rules and regulations to effectively implement the
objectives and purposes of this Act.

SECTION 8. Initial Appropriations. — The amount of Three Hundred and Fifty
Million Pesos (P300,000,000.00) or such sum or sums as may be needed to carry out the
provisions of this Act to include all existing funds for programs and projects for PWDs in the
various agencies and instrumentalities implementing such. The funds shall be appropriated and
carried generally under the Office of the President in the General Appropriations Act.

Funds for the succeeding years of the Commission shall be appropriated under the
regular funds as provided in the General Appropriations Act for the NCD.

SECTION 9. Grants and Donations. - The NCD shall also have the authority to
receive donations of monetary value or goods for purposes of the provision of services for
PWDs. The NCD then may grant tax incentives such as deductions or exemptions in return for
such grants and donations.

SECTION 10. Repealing Clause. — All laws, decrees, executive orders, presidential
issuances, rules, and regulations or part thereof contrary to or inconsistent with any provision
of this Act are hereby repealed or amended accordingly.

SECTION 11. Separability Clause. - If any part or provision of this Act is declared
unconstitutional, the remaining provisions which are not affected thereby shall continue to have
the force and effect of law.


SECTION 12. Effectivity. This Act shall take effect immediately upon approval.

Approved,