Republic of the Philippines
House of Representatives

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. 6435

Introduced by Rep. Luisa Lloren Cuaresma
Lone District of Nueva Vizcaya

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EXPLANATORY NOTE

Section 9, Article II of the 1987 Constitution states that, “The State shall
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.”

Republic Act No. 7277, otherwise known as “The Magna Carta for Disabled
Persons” that was approved in 1992 was promulgated to ensure that the State will be
able to give its full support to the improvement of the total well-being of disabled
persons and aid in their integration into the mainstream of society.

The said law has been amended several times by numerous other laws,
administrative orders, local ordinances, department circulars, rules and
proclamations to improve the welfare of persons with disabilities or the PWDs.

However, despite all of the amendments, the existing laws, projects and
Programs are not comprehensive enough to translate the laws into concrete and
sustainable progress of the PWDs in the country.

Rearing, nurturing and caring for a person with disability is a tough job.
Parents or guardians must have adequate knowledge on the condition affecting their
dependents, They must realize their responsibility towards PWDs because they play
a major role in character of the PWD by giving them a chance for a better life with
self-reliance and an improved quality of life, To do this, parents or guardians would
send their child with disability or PWD dependents to therapy centers or hire a


therapist to help them take care of their PWD dependents. However, many of the
parents in the lower class of our society who cannot afford to send their dependent
PWD to therapy centers or hire specialized nurses, therapists or trained helpers
would have to quit their jobs to take care of their dependent PWD. In the process,
they lose many opportunities that comes with having a source of income.

This Act seeks to alleviate the burden of these parents or guardians to help
them provide for their families and at the same time allowing the parents or
guardians to attend to the needs of their dependent PWDs.

In view of the foregoing, the passage of this bill is earnestly sought.

Yee inne aie
LUISA LLOREN CUARESMA


Republic of the Philippines
House of Representatives

SEVENTEENTH CONGRESS
Second Regular Session

Introduced by Rep. Luisa Lloren Cuaresma
Lone District of Nueva Vizcaya

AN ACT PROVIDING FOR THE BENEFITS AND PRIVILEGES TO
UNDERPARENTS OF PERSONS WITH DISABILITIES AND
APPROPRIATING FUNDS THEREFOR

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 “Underparent
of Persons of with Disabilities (PWDs) Act”

SECTION 2. Declaration of Policy — It is the policy of the State to
promote the family as the foundation of the nation, strengthen its solidarity and
ensure its total development. Towards this end, it shall develop a comprehensive
program of services for the parents and guardians of persons with disabilities (PWD
hereinafter) through a comprehensive package of social development and welfare
services for their families.

The State also recognizes the role of the private sector in promoting the
welfare of disabled persons by empowering the people who provide them parental
care and support.

To facilitate full development and support of disabled persons, the State shall
exert all efforts to remove all social, cultural, economic, environmental and
attitudinal barriers that are prejudicial to disabled persons.


SECTION 3. Definition of Terms — For the purpose of this Act, the
following terms shall be used under the definition provided hereof, to wit:

a) “PWD Underparent” — Any person who directly provides parental care and
assumes parental responsibilities to a Person with Disability (PWD) or a court
appointed guardian, who is duly appointed by the Board of Evaluators hereinafter
created;

b) “Person with disability” - a person suffering from restriction or different abilities,
as a result of a mental, physical or sensory impairment, to perform an activity in
a manner or within the range considered normal for human being.

¢) “Disability” — means: (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.

d) "Parental responsibility" - with respect to their minor children shall refer to the
rights and duties of the parents as defined in Article 220 of Executive Order No.
209, as amended, otherwise known as the "Family Code of the Philippines."

e) "Parental leave" - shall mean leave benefits granted to an Underparent to enable
him/her to perform parental duties and responsibilities where physical presence
is required.

f) "Flexible work schedule" - is the right granted to an Underparent employee to
vary his/her arrival and departure time without affecting the core work hours as
defined by the employer.

SECTION 4. Establishment of the PWD Underparent program. — There
is hereby established a PWD Underparent Program that will provide for a
comprehensive system for the nomination, evaluation, appointment, and supervision
of Underparents for PWD's to ensure that PWD’s are properly cared for.

SECTION 5. Creation and Composition of Underparent PWD Board —
There shall be a Board of Evaluators for Underparent PWD which shall be under the
supervision and control of the Department of Social Welfare and Development
(DSWD). It shall be a collegial body headed by a representative of the DSWD in
the province as the Chairman, the Provincial or City Prosecutor, and Municipal
Social Welfare Officer of the municipality where the child resides as members and
lastly, a representative of the provincial field office of the DSWD as the secretariat.


SECTION 6. Duties and Functions of the Board — The board shall
have the following duties and responsibilities:

a) To enforce the provisions of this Act;

b) To evaluate individuals nominated for or applying as Underparent for PWD’s;

c) To issue, after appropriate proceedings, appointments to Underparent of
PWD's;

d) To revoke, after due process, any appointment previously issued to an
Underparent,

¢) To investigate any violation of this Act or of the rules and regulations issued
thereunder, as may come to the knowledge of the Board and for this purpose
to issue subpoena and subpoena duces tecum to alleged violators or witnesses
to secure their attendance in investigations or hearings, and the production of
books, papers, and documents in connection therewith and compel attendance
by the power of contempt;

f) Te conduct periodic evaluation of Underparents appointed under this act;

2) To provide continuing education and training for Underparents.

SECTION 7. Supervision of the Board and Custodian of Records —
‘The members of the Board shall be under the direct supervision of the DSWD. All
records, including examination papers, evaluation reports, minutes of deliberation,
records of administrative cases and investigations of the Board shall be kept by the
Secretariat of the Board.

SECTION 8. Application of PWD Underparent Identification Card
— The DSWD shall formulate, within ninety (90) days upon the effectivity of this
Act, the implementing rules and regulations on the procedure for application of
UPID in consultation with the Department of Justice, local government units and
nongovernment organizations.

SECTION 9. Nature, Rights, Duties and Privileges of an
Underparent of a PWD. — PWD Underparents appointed in accordance with this
act shall have the same rights and duties of parental authority over the PWD for
which they are appointed as defined in Article 220 of Executive Order No. 209, as
amended, otherwise known as the "Family Code of the Philippines".

The Underparent shall also be entitled to all of the privileges of Solo Parents
as provided under Sections 5, 6, 7, 8, 9, 10 and 11 of RA 8972 or the “Solo Parent's
Welfare Act of 2000"

SECTION 10. | Emergency Parental Leave — In addition to the usual
parental leaves under existing laws, an underparent shall also be entitled to
emergency leaves in times when his/her dependent PWD is experiencing episode


and other uncontrollable medical or behavioral situations as may hereinafter be
provided by the Implementing Rules and Regulations.

SECTION 11. Implementing Rules and Regulations. — The Secretary
of Social Welfare and Development shall formulate, within ninety (90) days upon
the effectivity of this Act, the implementing rules and regulations in consultation
with the local government units, nongovernment organizations and people's

organizations.

The DSWD shall also provide for the documentary and other requirements
and qualifications before a person may be appointed as an Underparent in
accordance with the provisions of this act. Provided that the following requirements
shall always be present:

a. The applicant or nominee shall be a Filipino citizen, at least 21 years of
age and not subject of any civil interdiction;

b. The applicant or nominee has not been convicted of any crime involving
moral turpitude or any violation of RA 9165 or 9262;

c. When the legitimate, biological or adoptive parent of the PWD is capable
of being located or contacted, his or her consent to the appointment of the
Underparent shall be obtained;

SECTION 12. — Appropriations. - The amount necessary to carry out the
provisions of this Act shall be included in the budget of concerned government

agencies in the General Appropriations Act of the year following its enactment into
law and thereafter,

SECTION 13. — Repealing Clause. - All laws, decrees, executive orders,
administrative orders or parts thereof inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.

SECTION 14. — Separability Clause. - If any provision of this Act is held
invalid or unconstitutional, other provisions not affected thereby shall continue to be
in full force and effect.

SECTION 15. _ Effectivity Clause. - This Act shall take effect fifteen (15)
days following its complete publication in the Official Gazette or in at least two (2)
newspaper of general circulation.