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Nineteenth Congress
First Regular Session
House
Introduced by:
HON. MARISSA ``DEL MAR" MAGSIN0
0FW PARTYLIST
EXPLANATORY NOTE
Autism  or  more  formally  known  as  `Autism  Spectrum  Disorder'  (ADS)  is  a
developmental disorder with symptoms that appear within the first three years of life.
The  word  `spectrum'  indicates  that  autism  appears  in  different  forms  with  varying
levels of severity, with each individual with their own unique strengths, symptoms, and
challenges. But the two most common challenges are deficits in social communication
and interaction, and restricted or repetitive behaviors, interests, or activities. In some
instances,  several  comorbidities  may appear in people with autism  including anxiety,
depression and  sleep disorders.  In some cases, people with ASD need  a lot of help in
their daily lives, while others can work and live with little to no support.
In the  Philippines, there  are  only rough  estimates  of individuals  affected with
autism  based  on  the  prevalence  rates  of  other  countries  and  on  the  records  of
developmental  pediatricians.  Nonetheless,  according to  Autism  Speaks  Foundation,  a
group currently working with the Department of Health to come up with an updated
prevalence rate of autism in the Philippines, there is approximately one million Filipinos
affected with ASD.
Unfortunately, there is no cure for ASD, although there are ways how to treat it
such   as   through   occupational   therapy,   speech   therapy,   and   special   education.
Occupational  therapy  teaches  people  in  the  autism  spectrum  basic  daily  tasks  and
behavior    modification    and    therapy,    while    speech    therapy    focuses    more    on
communication.A  session  may  cost  around  P500  to  P1,000  per  hour  on  average
depending on the session that will be done.
Special education, on the other hand, has a curriculum to give proper education
to people on the autism spectrum. All these services cost a fortune to avail of, one well


beyond  the  reach  of those  in the  margins  of society.  Thus,  parents  of children with
autism  with  little  financial  capacity  have  few  or  no  options  for  providing  assured
continuing support and care for their children. The government must step in.  Private
initiatives alone will not be sufficient.
This  bill  seeks  to  promote  an  environment  conducive  to  the  development  of
persons with autism to become self-reliant, productive and socially-accepted members
of an inclusive society through mechanisms that will improve their access to education,
employment,   transportation   services,   insurance   coverage,   and   medical   care   and
therapeutic services. More importantly, the proposed measure mandates the Philippine
Council  for  Mental  Health,  in  coordination  with  relevant  agencies,  to  develop  and
regularly update a National Autism Care Plan (NACP) to respond to the needs of PWAs
and their families and for the guidance of stakeholders in the public and private sectors.
One thing is certain. With a growing number of people with autism in the country
every year, their problems and concerns must be addressed as soon as possible.
For the foregoing reasons, the immediate consideration and approval of this bill
is earnestly urged.
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Nineteenth Congress
First Regular Session
HouseBillNo.7892
Introduced by:
HON. MARISSA "DEL MAR" MAGSINO
0FW PARTYLIST
ANACT
PRoV[D]NG FOR PROTECT]oN AND WrELFARE BENEFITS To PERSoNS WITH
AUTISM AND FOR OTHER PURPOSES
Be  it  enacted  by  the  Senate  and  the  House  of Representatives  of the  Republic of the
Philippines in Congress assembled:
Section    1.  SJlort TltJe - This Act shall be known as the `Protection to Persons with
Autism Act'.
Section    2.   DecJaratl.on a/Poll.ey -It is hereby declared the policy of the State to
protect and promote the rights of all persons to full, healthy, and holistic development.
As  such,  the  State  shall  promote  an  environment  conducive  to  the  development  of
persons with autism  (PWAs)  to become self-reliant,  productive  and  socially-accepted
members  of an  inclusive  society.  Towards  this  end,  the  State  commits  itself to  the
establishment of institutional mechanisms that will provide protection and support to
PWAs throughout their lifetime, responsive to their needs, empowering and providing
them quality of life.
Section   3.  Defirzjti.o7] a/Terms -For purposes of this Act:
a)   `Autism'   or  Autism   Spectrum   Disorder   refers   to   a   neurological   condition
characterized     by    challenges     with     social     skills,     repetitive     behaviors,
communication, as well as by unique strengths, as defined in the latest version of
the Diagnostic and Statistical Manual of Mental Disorders; and,
b)  `Intervention' refers to interceding action undertaken to help improve the autism
prognosis.   It   may   take   the   form   of  medical,   pharmacologic,   therapeutic,
educational, and non-traditional rehabilitative care.


Section     4.   rreafment as Persons wltJI Di.sabi.Ji.ty - All  PWAs shall be treated  as
persons with  disability (PWDs)  as defined under Republic Act No.  7277, as amended,
otherwise known as the `Magna Carta for Disabled Persons'. They shall be entitled to all
the rights, privileges, and other benefits provided for persons with disabilities under
existing laws.
Section   5.  Early Detection and Intervention Of Autism -The Department oE Health
(DOH), in coordination with the Department of Education (DepEd), is hereby mandated
to  establish  a  program  for  early screening and  detection  of autism,  to  provide  the
appropriate  services  to  children  and  toddlers  with  developmental  delays  associated
with autism, and to ensure that the central PWD registry is updated accordingly.
Section     6.   Mandatory PhjJHealth  Covemge - All  PWAs shall  be  covered by the
National   Health   Insurance   Program   (NHIP)   of   the   Philippine   Health   Insurance
Corporation  (PHIC  or  PhilHealth).  The  necessary  funds  for  the  enrolment of PWAs,
including those covered under any existing category, shall be sourced from the  NHIP
Fund of PhilHealth, earmarked from the proceeds of sin tax collections as provided for
in  Republic  Act  No.  10351.  It shall  likewise  include  the  cost  of early screening and
detection programs, and rehabilitative / therapeutic services, as far as practicable, as
available benefits in favor of PWAs.
Sechon      7.    Protection  Against  Discrimination  in  Educational  and  Training
JJ]stltutl.ons  -  The  DepEd,  the  Commission  on  Higher  Education  (CHED)  and  the
Technical  Education  and  Skills  Development  Authority  (TESDA)  shall  formulate  or
update  policies and  protocols to ensure that all  educational  and training institutions
shall  be  inclusive  to  learners  with  autism,  in  matters  including  but not  limited  to,
acceptance  to  academic  or  training  programs,  instructional  support,  and  behavior
management.
Section 8,  Provision fior Equal Opportunities fior Emplayment - The Department o[
Labor and Employment (DOLE) and the Civil Service Commission (CSC) shall formulate
policies and programs to ensure that adult PWAs are provided equal opportunities for
gainful employment both in the private and public sectors.
Section      9.    Protection  Against  Discrimination  in  Insurance  Coverage  -  The
Department of Finance (DOF) shall formulate or update policies and protocols to ensure
that all  insurance providers shall  provide  PWAs  access to  life  insurance instruments
which shall  include  allied  medical  procedures  in  health  insurance  benefits  of policy
holders such as speech and occupational therapies.
Section 10.  Protection in Cases Of Disasters and Emergencies -The Department of
the  Interior  and  Local  Government  (DILG)  and  the  Department  of National  Defense
(DND) shall formulate the necessary policies and protocols to ensure that the military,
public safety professionals, local government units  (LGUs), and first responders shall
provide the necessary life-saving support to PWAs with behavioral and communication
challenges in cases of disasters and emergencies.
Section  11.   Access to  Tmnaportrtr.on - The  Department of Transportation  (DOTr)
shall formulate the necessary policies and protocols to ensure  PWAs with behavioral


and communication challenges and their families are given reasonable accommodation
in accessing all forms of transportation by service providers over land, sea and air.
Section lz.  Reasonable Accommodation in Legal Actions -The DepaLrtment ot Justice
(DOJ)  shall formulate  the  necessary policies and protocols to  ensure  criminal justice
agencies and professionals shall provide the necessary accommodations and protection
to  PWAs  with  behavioral  and  communication  challenges,  who  may  be  accused  of,
victims of, or witnesses to crimes.
Section 13.  7lhe Iva€I.onaJAH[I.sin Care plan -The Philippine Council for Mental Health
(PCMH)  established  under  Republic  Act  No.  11036,  or the  `Mental  Health  Act',  shall
spearhead and coordinate government actions to address the needs of PWAs and their
families.   The   PCMH,   in   coordination   with   concerned   government   agencies   and
stakeholders, shall develop and regularly update a National Autism Care Plan (NACP), a
holistic medium-term plan to respond to the needs of PWAs and their families and for
the  guidance  of stakeholders  in the  public and private sectors.  PCMH  shall  likewise
coordinate and monitor the implementation of the NACP to ensure that the  needs of
PWAs are served.
Section 14.  Appropridtfon - The amount necessary to carry out the provisions of this
Act shall be included in the respective funding allocations of the concerned government
agencies in the annual General Appropriations Act.
Section  15.   Implementing  Rules and  Regulations  -  The  DOH  and  the  PCMH,  in
consultation with the  DepEd, the PhilHealth, the CHED, the TESDA, the DOLE, the CSC,
the DOF, the DILG, the DND, the DOTr, and the DOJ, shall formulate and promulgate the
rules and regulations necessary for the effective implementation of this Act.
Section  16.   Separabl.Jl.ty  clause  -  If any  provision  of this  Act  is  held  invalid  or
unconstitutional, the other provisions not so declared shall remain in force and effect.
Section 17. RepcaJl.ng CTaurse. -All laws, decrees, orders, and rules and regulations
contrary to or  inconsistent with  the  provisions  of this Act are hereby repealed  or
amended accordingly.
Section 18. Ejrectr.vlty Clause -This Act shall take effect fifteen (15) days after its
complete publication in in a newspaper of general circulation.
Approved.