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Spare 20 JUN 75

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH (20th) CONGRESS
First Regular Session

HOUSE BILL NO. 361

Introduced by HONORABLE LORETO “AMBEN” S. AMANTE
Third (3rd) Legislative District, Province of Laguna

AN ACT
TO ESTABLISH CENTERS FOR INDIVIDUALS
WITH SPECIAL NEEDS (ISN) IN THE COUNTRY,
PROVIDING FUNDS THEREFOR,
AND FOR OTHER PURPOSES”

Explanatory Note

Disabled individuals are part of the Philippine society who must be treated, not

equally as other common members of the community, but in special manner of
conferring upon them their dignity and worth as human beings. They should enjoy the
same fundamental rights as others, most primarily to enjoy living a decent life and
accorded due respect for their human dignity.

Thus, Section 11, Article XIII of the Philippine Constitution categorically declares

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 shalll be priority for the
needs of the underprivileged, sick, elderly, disabled, women and children.”

At present, those intellectually-challenged individuals or, in the specific, those

diagnosed with Neurodevelopmental Disorders (ND) in the country—per the
accumulated data supplied by the National Council on Disability Affairs (NCDA)
pursuant to the official record of the Philippine Registry for Persons with Disabilities
(PRPWD) of the Department of Health (DOH)— have reached a total number of 28.478
individuals as of July 13, 2022, which figure is geographically distributed as follows—

POPULATION OF PEOPLE WITH
NEURODEVELOPMENTAL DISORDERS IN THE PHILIPPINES

LUZON VISAYAS MINDANAO
Region I- 1,076 Region Vi- 1,616 | Region IX- 92
Region II- 803 Region VIl- 1,618 Region X- 1,229
Region Itl- 3,331. Region Vill- 678 Region Xi- 1,840

Region IVA— 3,941 Region XIl- 1,153


LUZON VISAYAS MINDANAO.

Region IVB- 1,058 Region Xill- 1,891
Region V- 2,213 BARMM- 45
NCR- 4774

CAR- 4,120 /

TOTAL- 18,316 TOTAL- 3,912 TOTAL- 6,250

This Bill earnestly seeks to safeguard and preserve the welfare and security of
Individuals with Special Needs (ISN) by providing them a conducive and safe shelter
where they shall be given full support and care aimed to improve their total well-being,
most especially those neglected or abandoned ISN. Indisputably belonging to most
vulnerable sectors of the society, it is the bounden duty of the Government to fully
protect their rights and privileges as human beings. Among others, the ISN Centers
shall dispense, free of charge, necessary assistance, proper care, nutrition and special
protection against all forms of neglect, abuse, cruelty, exploitation and other conditions
‘or circumstances prejudicial to their welfare as a person. Identified programs for ISN
Centers shall include free interventions, services and other programs intended to
develop and nurture their special skills or guide their behaviors.

Due to the country’s present financial constraint brought about by several inter-
global discords or conflicts, the initial implementation of this proposed measure is
limited to the establishment of only Four (4) ISN Centers, i.e., one (1) within the National
Capital Region (NCR), while the other three (3) Centers shall be respectively placed
within the Islands of Luzon, Visayas and Mindanao, the locational identification of which
shall be left to the determination of the National Council on Disability Affairs (NCDA).

Foregoing premises considered, the approval of this proposed measure is hereby
most solemnly sought.

CORETO “AMBEN” S. AMANTE


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH (20th) CONGRESS
First Regular Session

HOUSE BILL NO. 361

Introduced by HONORABLE LORETO “AMBEN” S. AMANTE
Third (3rd) Legislative District, Province of Laguna

AN ACT
TO ESTABLISH CENTERS FOR INDIVIDUALS
WITH SPECIAL NEEDS (ISN) IN THE COUNTRY,
PROVIDING FUNDS THEREFOR,
AND FOR OTHER PURPOSES”

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 “Center for Individuals
With Special Needs Act.”

Section 2. Declaration of Policy.— Pursuant to Section 1, Article XIII of the 1987
Philippine Constitution, “The Congress shall give highest priority to the enactment
of measures that protect and enhance the right of all the people to human dignity,
reduce social, economic and political inequalities” while Section 11 thereof
declares 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.” And following Section 13 of the same states that “The State shall
establish a special agency for disabled persons for rehabilitation, self-development
and self-reliance, and their integration into the mainstream of society.”

Section 3. Objectives.— Consonant with the foregoing fundamental policies, the
State shall adopt the following objectives:

(a) Protect the full rights and privileges of individuals who are unable to take
care of themselves, especially those neglected or abandoned, due to
Neurodevelopmental Disorders (ND), incapacitating them to perform
Activities of Daily Living (ADLs);

(b) Ensure the welfare of these individuals diagnosed with
Neurodevelopmental Disorders (ND) by providing them a conducive
shelter where they may be given full support and care aimed to improve
their total well-being, security and safety;


(c)

Provide geographically accessible shelters or centers to these individuals
with special needs throughout the country that shall dispense assistance,
proper care, nutrition and special protection against all forms of neglect,
abuse, cruelty, exploitation and other conditions or circumstances
prejudicial to their welfare.

Section 4. Definition of Terms.— For purposes of this Act, the following terms
shall mean:

(a)

(b)

(c)

(d)

(e)

(f)

Individuals With Special Needs (ISN)- refer to persons, regardless of age,
who are unable to take care of themselves, more specifically in
performing Activities of Daily Living (ADLs), due to
Neurodevelopmental Disorders (ND);

Neurodevelopmental Disorders (ND)- refer to neurologically based
conditions in which the growth, development and function of the brain is
affected, thereby include, among others, Intellectual Disability (ID),
Autism Spectrum Disorder (ASD), Down Syndrome (DS) and Cerebral
Palsy (CP);

Activities of Daily Living (ADLs)- is a term used to collectively describe
fundamental skills required to independently care for oneself, such as
eating, bathing or mobility, among others;

Neglected or Abandoned ISN- refer to those Individuals with Special
Needs (ISN) who have no proper parental care or guardianship, or who
have been deserted, or whose basic needs have been deliberately not
provided for or inadequately provided for;

ISN Center- refers to a nursing home which shall cater Individuals with
Special Needs (ISN) by dispensing assistance, proper care, nutrition and
special protection against all forms of neglect, abuse, cruelty, exploitation
and other conditions prejudicial to their welfare;

National Council on Disability Affairs (NCDA)- refers to the national
government agency attached to the Department of Social Welfare and
Development (DSWD) which is mandated to formulate policies and
coordinate the activities of all agencies, whether public or private,
concerning disability issues and concerns.

Section 5. Establishment of ISN Centers— There shall be established ISN
Centers throughout the country that shall provide nursing home for neglected or
abandoned Individuals With Special Needs (ISN), free of any charge.

For the purpose of initial implementation of this Act, a total of four (4) ISN

Centers shall be established in the country— first (Ist) center within the National
Capital Region (NCR), second (2nd) within Luzon Island, third (3rd) within
Visayan Island and fourth (4th) within Mindanao Island, the locational


identification of each shall be left to the determination of the National Council on
Disability Affairs (NCDA).

The establishment of ISN Centers shall be made an integral part of the local
development plan of the concerned Local Government Units; Provided, that the
same may be located at an accessible existing structure in the locality.

Section 6. Operation and Management of ISN Centers... The ISN Center shall be
under the direct management, supervision and control of the National Council on
Disability Affairs (NCDA). For this purpose, the NCDA shall be in charge of the
implementation of identified programs for ISN including, but not limited to, free
interventions, services and other programs intended to nurture their special skills or
guide their behaviors.

Section 7. Identified Programs at ISN Centers As far as feasible and
practicable, intervention and allied medical services shall be offered, completely
free of any charge, at the ISN Centers, including, but not limited to, occupational/
physical therapy or speech therapy, counseling, social enhancement activities and
other programs to address the skills or behavioral concerns of ISN.

Section 8. NCDA Coordination with other National Agencies; Implementing
Rules and Regulations.— To ensure the effective implementation of this Act, the
National Council on Disability Affairs (NCDA) shall coordinate with the
Department of Health (DOH), Department of Social Welfare and Development
(DSWD) and Department of Interior and Local Government (DILG) in order to
formulate the corresponding Implementing Rules and Regulations (IRR) for this
Act, develop pertinent programs for implementation at the ISN Centers and define
policies and guidelines for the administration and operation of the centers.

Section 9. Role of National Agencies and Local Government Units— Local
Government Units may enter into agreements or mutual understandings with the
national agencies to take part in the promotion of the ISN Centers within their
respective territorial jurisdictions or provide financial, technical or material support
in the operation or maintenance of such Centers.

Section 10. Support from Nongovernment Organizations.— Nongovernment
organizations or private volunteer organizations with the prescribed mission of
promoting and enhancing the welfare of people with disabilities are hereby
encouraged to become partners of the National Government in the implementation
of this Act.

Section 11. Tax Exemptions— All grants, endowments, subsidy, donations,
contributions or financial aid to the ISN 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 (NIRC) of 1997, as amended.


Donations from foreign countries shall likewise be exempt from taxes and
duties on importation, subject to the provisions of the Tariff and Customs Code, as
amended, and the National Internal Revenue Code (NIRC), as amended, and other
relevant laws and international agreements.

Section 12. Continuity Clause— Should any department or agency tasked with
the implementation or formulation of rules, regulations and guidelines for the
enforcement of this Act is abolished, modified or merged with another department
or agency, the same shall not affect the enforcement and formulation of rules,
regulations and guidelines intended to implement this Act, to the effect that in case
of abolition, the replaced department or agency shall take over the functions of the
abolished department or agency. In case of merger or modification, the merged or
modified department or agency, as the case may be, shall continue to perform the
functions pursuant to this Act.

Section 13. Appropriations.— The amount necessary for the initial implementation
of this Act shall be charged to the current appropriation for such purpose by the
National Council on Disability Affairs (NCDA), or its progenitor agency, i.e., the
Department of Social Welfare and Development (DSWD). Subsequently, such sum
as may be necessary for the continued operation and maintenance of the ISN
Centers shall be included in the annual General Appropriations Act.

Section 14. Separability Clause — If any provision of this Act is declared
unconstitutional, invalid or void, the rest of the provisions not affected thereby
shall remain in full force and effect.

Section 15. Repealing Clause.— All laws, decrees, executive orders, rules or
regulations, and other issuances, or parts thereof, inconsistent with any provision
of this Act are hereby repealed, amended or modified accordingly.

Section 16. Effectivity Clause.— This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation.

Approved.