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16th Legislative Body

____ Regular Session

Series of 2012

Republika ng Pilipinas

LUNGSOD NG DABAW

Sangguniang Panlungsod

ORDINANCE NO. ________________

Series of 2012

AN ORDINANCE CREATING A PERSONS WITH DISABILITY AFFAIRS OFFICE (PDAO) IN DAVAO CITY, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES.Be it ordained by the Honorable Sangguniang Panlungsod of Davao City in a session assembled:Section 1. Title. This Ordinance shall be known as the Persons with Disability Affairs Office (PDAO) Ordinance of Davao City.

Section 2. Purpose. The persons with disability, due to various kinds of restrictions in their abilities, are arguably the most disadvantaged sector in the society. Most of them even lacked the educational attainment necessary for self-advancement. As such, the City Government of Davao needs to consider the plight of the persons with disability sector as a priority concern.

Thus, this ordinance is promulgated to create Persons with Disability Affairs Office (PDAO) to serve as a structural organization, general information and liaison center for persons with disability for the purpose of properly implementing the rights and privileges afforded to the latter by the Constitution and such other pertinent special laws.Section 3. Declaration of Policy. It is the declared policy of the State to provide social justice in all phases of national development (Article II, Sections 10, 1987 Philippine Constitution) and that the State values the dignity of every human person and guarantees full respect for human rights (Article II, Sections 11, 1987 Philippine Constitution). Furthermore, the State shall adopt an integrated and comprehensive approach to 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 (Article XIII, Section 11, 1987 Philippine Constitution). Lastly, it is the duty of the family to take care of its elderly members but the State may also do so through just programs of social security (Article XV, Section 4, 1987 Philippine Constitution).

The UN adopted the World Program of action concerning disabled persons in 1982 through resolution 317/52 wherein it calls for local authorities and other bodies within the public and private sectors to implement national measures contained in the world program of action.Section 17 (4) in relation to Section 17 (2) (iv) of the Local Government Code of 1991 mandates the local government units to likewise exercise such other powers and discharge such other functions and responsibilities as are necessary, appropriate, or incidental to efficient and effective provisions of the basic services and facilities enumerated herein, which includes programs and projects on welfare of persons with disability. Likewise, Section 458 (5) (xiv) of the implementing rules and regulations of the same Code further provides the duty of the city to approve ordinances that provide for the care of disabled persons and for the operation of centers and facilities for said needy and disadvantaged persons subject to the availability of funds;As enunciated in the Magna Carta for Disabled Persons, persons with disability have the same rights as other people to take their proper place in society. They should be able to live freely and as independently as possible. This must be the concern of everyone, the family, community and all government and non-government organizations (Section 2, Republic Act No. 7277).It is the basic policy of Davao City to protect the rights and welfare of persons with disability and afford them the privileges provided under the Constitution and special laws considering that they are one of the sectors in the society that are highly marginalized. As such, their unique condition is an important part of public policy-making. Hence, proper policy measure, such as the creation of Persons with Disability Affairs Office (PDAO), is fundamentally apposite in the citys programs addressing the needs, concerns and interests of persons with disability.

Section 4. Definition of Terms. For purposes of this Ordinance, the terms are defined as follows:

a. CCDA refers to City Council for Disability Affairs.b. CSSDO refers to City Social Services and Development Office.c. Disability refers to the following:1. A physical or mental impairment that substantially limits one or more psychological, physiological or anatomical function of an individual or activities of suchindividual;

2. A record of such impairment; or

3. Being regarded as having such impairment.d. PDAO refers to the Persons with Disability Affairs Office.e. PDAO Officers refers to the people embodying the PDAO, which is composed of the PDAO Head, Community Relations Officers, and Clerk, who carry out functions delegated and authorized upon them by this Ordinance.f. Person with Disability (PWD)refers to any Filipino citizen who is a resident of Davao City that is suffering from restriction of different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being.Section 5. Coverage. This Ordinance shall apply and cover all Persons with Disability (PWDs) residing in Davao City.For clarity in coverage, the term Persons with Disability (PWDs) does not distinguish age, race, creed or religious belief, political affiliation, economic and social status. In addition, PWDs who are also Senior Citizens can have two Identification Cards; however, they shall invoke their rights to avail the benefits, privileges and incentives provided by law, using only one of the IDs at the time of availment.

Section 6. Creation of PDAO. There is hereby created Persons with Disability Affairs Office (PDAO) in Davao City, under the direct supervision of the City Mayors Office. Such creation shall be relative to the plans, programs, projects and activities for PWDs to ensure the integration and participation of the latter in the formulation and implementation of policies directly affecting their welfare.The City Mayor shall appoint PDAO Officers who shall manage and run the operations of PDAO. The appointment of the PDAO Officers shall be based on recommendations made by the CSSDO, in coordination with CCDA, which shall temporarily staff the PDAO in transition. Priority shall be given to qualified PWDs.For reasons of economy and expediency, interim appointments may also be resorted to and may be drawn from any department or office now existing within City Hall.

Section 7. Functions of PDAO. The PDAO shall have the following functions:1. To plan, implement and monitor yearly programs and projects in pursuance of the objectives stipulated in Republic Act No. 7277, otherwise known as the Magna Carta for Disabled Persons, Batas Pambansa Blg. 344, otherwise known as the Accessibility Law, and other pertinent national and local laws governing and concerning PWDs;2. To gather and compile relevant data on PWDs, in coordination of the Barangay Councils, and the concerned national and local government offices, particularly the CSSDO and CCDA;3. To maintain and regularly update on a quarterly basis the list of PWDs, and to establish, manage, and preserve a database of all PWDs in Davao City containing their profile, including their competencies, skills, capabilities and other relevant information for the purpose of this Ordinance;4. To issue nationally uniform individual identification cards and purchase booklets for PWDs, free of charge, which shall be valid anywhere in the country;

5. To serve as a general information and liaison center to serve the needs of PWDs;

6. To submit regular reports to the Office of the City Mayor of the planning and implementation of programs, projects and social services relative to the promotion and alleviation of the welfare of PWDs;7. To ensure that the policies, plans and programs for the promotion of the welfare of PWDs are duly funded by the local government;8. To propose to the City Council pertinent legislative measures for the welfare of the PWDs;9. To represent PWDs in meetings of local development councils and other special bodies;10. To coordinate with various government agencies, both national and local, and private entities, and NGOs as well, in the implementation of the different programs and projects of the PDAO;11. To establish community-based rehabilitation programs and community-based programs for PWDs in the Cityand in the Barangays;12. To disseminate information, including but not limited to, programs, projects and activities for PWDs, statistics on PWDs, including children, and training and employment opportunities to PWDs;13. To advocate for the opportunity and accessibility of persons with disability in education, employment, health services, socio-civic, cultural and sports programs of the City;14. To monitor fund-raising activities and programs being conducted for the benefit of PWDs;

15. To monitor compliance and coordinate the implementation of the provisions of Republic Act No. 7277, otherwise known as the Magna Carta For Disabled Persons, And For Other Purposes, as amended by Republic Act No. 9442 and Republic Act No. 10070, Batas Pambansa Blg. 344, otherwise known as the Accessibility Law, and other pertinent national and local laws for PWDs, particularly the grant of special discounts and privileges to PWDs;16. To safeguard the rights of PWDs by assisting them in filling complaints or charges against any person, natural or juridical, establishment, institution, or agency refusing to comply with the rights and privileges afforded to PWDs in order to ensure that the Magna Carta for the Disabled Persons, the Accessibility Law and other national and local laws governing and concerning PWDs are carried out in Davao City;17. To perform such other functions as may be necessary for the promotion and protection of the welfare and interest of PWDs.Section 8. Composition of PDAO. The PDAO shall be initially composed of the following personnel:

1. One (1) PDAO Head2. Two (2) Community Relations Officer

3. One (1) ClerkSection 10. Qualifications of PDAO Officers. The PDAO Officers must possess the following qualifications: 1. A Filipino citizen, and a resident of Davao City for at least one (1) year prior to his appointment; 2. Of good moral character;

3. A recognized PWD; provided, that he/she does not suffer from any contagious disease or whose actuation isinimicalto other persons with disabilityas certified by a licensed government or private volunteer physician, and deemed qualified and fit to occupy the position as attestedto by his educational background and work experience;4. A bona fide member for at least one (1) year of a duly accredited PWD organization.

Section 11. Functions of PDAO Officer. The PDAO Officers shall execute the following functions:

1. PDAO HEAD a. To take charge, manage and oversee the PDAO;

b. To coordinate, set-up and maintain linkages with instrumentalities of the local, provincial, regional and national government such as the Department of Social Welfare and Development Regional Office XI (DSWD-ROXI), the National Anti-Poverty Commission (NAPC) and the National Council for Disabilities Affairs (NCDA) as well as with NGOs and private entities for the delivery of health care services, facilities, professional counseling services, volunteer training and community self-help projects for PWDs;

c. To identify the needs, training opportunities of PWDs in the Davao City and to initiate, develop and ensure the implementation of programs and projects for the benefit of the persons with disability;

d. To help monitor the implementation of laws beneficial to PWDs in Davao City, specifically Batas Pambansa Blg. 344 and Republic Act No. 7277 and other pertinent laws.e. To oversee the data gathering of statistics of PWDs in Davao City including children with disability;

f. To supervise the establishment of a resource center for independent living of PWDs in their respective communities;

g. To supervise the establishment of production and livelihood sheltered workshops for PWDs including group homes and training centers;h. To submit regular reports to the Office of the City Mayor of the planning and implementation of programs, projects and social services relative to the promotion and alleviation of the welfare of PWDs;i. To represent PWDs in meetings of local development councils and other special bodies;j. To ensure that the policies, plans and programs for the promotion of the welfare of PWDs are duly funded both by the national and local government;k. To monitor fund-raising activities and programs being conducted for the benefit of PWDs;l. To assist PWDs in filling complaints or charges against any person, natural or juridical, establishment, institution, or agency refusing to comply with the rights and privileges afforded to PWDs afforded in the Magna Carta for the Disabled Persons, the Accessibility Law and other national and local laws governing and concerning PWDs;m. To exercise such other functions, which are necessary to carry out the purpose for which the PDAO was established.2. COMMUNITY RELATIONS OFFICER a. To assist the PDAO Head in the monitoring and implementation of Republic Act No. 7277 and Batas Pambansa Blg. 344,and other pertinent laws;b. To assist the PDAO Head in the day-to-day personnel administration and office management of the PDAO;c. To gather data and make a statistics of all PWDs, including children with disability in Davao City, with the assistance and coordination of the CSSDO, CCDA, and the Barangay Councils of the City;d. To disseminate projects, programs, activities and social services of the PDAO for PWDs, in coordination with the CSSDO, CCDA, and the Barangay Councils, in the barangay level;e. To help manage the activities in the resource center for independent living of PWDs in their respective communities, and the production and livelihood sheltered workshops for PWDs including group homes and training centers;f. To assist PWDs in filling complaints or charges against any person, natural or juridical, establishment, institution, or agency refusing to comply with the rights and privileges afforded to PWDs afforded in the Magna Carta for the Disabled Persons, the Accessibility Law and other national and local laws governing and concerning PWDs;g. To exercise such other functions, delegated by the PDAO Head, which are necessary to carry out the purpose for which the PDAO was established.3. CLERK a. To lend clerical service in order to facilitate the smooth work flow of PDAO;b. To maintain a regular update on a semi-annual basis, a listof PWDs, which would include pertinent personal data (e.g. disability, special skills and abilities, employment record, rehabilitation needs);c. To keep records of all data, information, complaints and any updates gathered by PDAO from the government and private institutions and entities, NGOs, and the PWDs themselves;d. To process and prepare the materials and forms needed for the issuance of individual Identification Cards, as well as purchase booklets for PWDs;e. To assist PWDs in filling complaints or charges against any person, natural or juridical, establishment, institution, or agency refusing to comply with the rights and privileges afforded to PWDs afforded in the Magna Carta for the Disabled Persons, the Accessibility Law and other national and local laws governing and concerning PWDs;f. To exercise such other functions, delegated by the PDAO Head, which are necessary to carry out the purpose for which the PDAO was established.Section 12. Creation of Other Positions. Other positions may be created after an evaluation shall be made following a three-year program.Section 13. Appropriation. The City shall appropriate the amount of Two Million Pesos (PhP 2,000,000.00) from its 2013 annual budget, and for the years thereafter, the amount of not less than five percent (5%) of its total budget appropriation. All barangays shall also appropriate not less than (1%) of their total budget appropriation for programs and projects related to PWDs.The fund shall be used exclusively for the PDAO, including but not limited to its operational costs, implementation of programs and projects for PWDs, and the conveyance of basic social services.Section 14. Separability Clause. If for any reason, any section or provision of this ordinance is declared unconstitutional or invalid, other sections or provisions hereof not affected by such declaration shall continue to be in full force and effect.

Section 15. Effectivity Clause. This ordinance shall take effect within fifteen (15) days after its approval and publication in any local newspaper of general circulation in Davao City.

DONE this ______ day of ________________, 2012,

Davao City, Philippines.

VICTORIO U. ADVINCULA, JR.

Proponent

City Councilor, 3rd DistrictCommittee on Social Services ChairpersonSangguniang Panlungsod ng Davao

PAOLO Z. DUTERTE

Co-proponent

City Councilor, Sectoral RepresentativeSangguniang Panlungsod ng Davao