Title
Institutional Mechanism for PWD Programs
Law
Republic Act No. 10070
Decision Date
Apr 6, 2010
The amendment to the Magna Carta for Disabled Persons in the Philippines establishes the institutional mechanism for implementing programs and services for persons with disabilities, emphasizing the role of national agencies and local government units in promoting the establishment of organizations for PWDs and requiring the creation of a Persons with Disability Affairs Office (PDAO) in every province, city, and municipality.

Coverage and core policy

  • Republic Act No. 10070 amends Section 40 of Republic Act No. 7277 to establish an institutional mechanism to ensure implementation of disability programs and services in every province, city, and municipality.
  • Local government units must promote the establishment of organizations of persons with disabilities (PWDs) within their territorial jurisdictions.
  • National agencies and local government units may enter into joint ventures with organizations or associations of PWDs to explore livelihood opportunities and other undertakings that enhance the health, physical fitness, economic and social well-being of PWDs.

Definitions and terminology change

  • Republic Act No. 10070 changes references in Republic Act No. 7277 to replace “Disabled Persons” with “Persons with Disabilities (PWDs)” in the title and in other sections of the same Act.

Role of local government units

  • Local government units must organize and establish a Persons with Disability Affairs Office (PDAO) in every province, city, and municipality.
  • A PDAO must be created in every province, city and municipality, and the local chief executive must appoint a PWD affairs officer to manage and oversee the office’s operations pursuant to the mandate under Republic Act No. 7277, as amended.
  • Priority in appointment as PWD affairs officer must be given to qualified PWDs to head and man the PDAO in carrying out the office functions.
  • The establishment of a PDAO or the appointment of a focal person must be done in consultation and coordination with the National Council on Disability Affairs (NCDA), and with NGOs and POs.

PDAO functions: required duties

  • The PWD affairs officer/PDAO must formulate and implement policies, plans and programs for the promotion of the welfare of PWDs, in coordination with concerned national and local government agencies.
  • The PDAO must coordinate the implementation of the provisions of Republic Act No. 7277, Batas Pambansa Big. 344 (the Accessibility Law), and other relevant laws at the local level.
  • The PDAO must represent PWDs in meetings of local development councils and other special bodies.
  • The PDAO must recommend and enjoin the participation of NGOs and POs in implementing all disability-related laws and policies.
  • The PDAO must gather and compile relevant data on PWDs in localities.
  • The PDAO must disseminate information, including programs and activities for PWDs, statistics on PWDs (including children with disability), and training and employment opportunities for PWDs.
  • The PDAO must submit reports to the office of the local chief executive on the implementation of programs and services for the promotion of the welfare of PWDs in its jurisdiction.
  • The PDAO must ensure that policies, plans and programs for the promotion of the welfare of PWDs are funded by both the national and local government.
  • The PDAO must monitor fundraising activities conducted for the benefit of PWDs.
  • The PDAO must seek donations in cash or in kind from local or foreign donors to implement an approved work plan for PWDs, in accordance with existing laws and regulations.
  • The PDAO must perform other functions necessary for the promotion and protection of the welfare of PWDs.

Alternative mechanism for lower-class municipalities

  • In consideration of budget restraints, local chief executives of fourth (4th), fifth (5th), and sixth (6th) class municipalities may designate a focal person in lieu of creating a PDAO.
  • The focal person must perform the same functions required of the PDAO.
  • Priority in appointment of the focal person must be given to a PWD with experience in providing services to PWDs.

Funding mandate for programs and support

  • The National Government, through the Department of Social Welfare and Development (DSWD), must ensure that the annual budget includes provisions to fund programs and provide support for PWDs.
  • Local government units must allocate necessary funds from any available local revenues for the implementation of the Act for the benefit of PWDs in their jurisdictions.

Review and recommendation to Congress

  • Within three (3) years after the effectivity of Republic Act No. 10070, appropriate agencies headed by the DSWD must, in consultation with the NCDA and relevant NGOs and POs, review implementation of the Act.
  • Within the same three (3) years, the reviewing agencies must recommend to Congress the need to mandate the establishment of a PDAO in fourth (4th), fifth (5th), and sixth (6th) class municipalities.

Repeal, separability, and compliance rules

  • Republic Act No. 10070 repeals or modifies all laws, presidential decrees, executive orders, and rules and regulations inconsistent with its provisions.
  • If any provision of Republic Act No. 10070 is declared unconstitutional, the invalidity must not affect the validity and effectivity of the other provisions.

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