Law Summary
Declaration of Policies and Objectives
- Persons with disabilities have equal rights and integration into society is a state policy per RA 7277.
- RA 10070 aims to localize implementation of programs/services to promote an inclusive society.
Definitions of Key Terms
- Persons with Disabilities: those with long-term impairments hindering full societal participation.
- Federation of Persons with Disabilities: groups representing persons with disabilities across government levels.
- Disabled People’s Organization: organized and controlled by persons with disabilities.
- Persons with Disability Affairs Office (PDAO): created to implement disability programs/services locally.
- Personnel Selection Board: assists in merit-based selection for local appointments.
- Focal Person: official appointed in lower class municipalities to perform PDAO functions.
- Regional Committee on Disability Affairs: mechanism for program convergence and policy recommendation.
- Permanent Status: full employment status meeting qualifications.
- Temporary Status: limited 12-month appointment without eligibility certification.
- Qualification Standards: minimum education, experience, training, and eligibility for positions.
Establishment of PDAO and Appointment of Focal Persons
- PDAO to be established in all provinces, cities, and 1st-3rd class municipalities under chief executives.
- Lower class municipalities designate a Focal Person for PDAO functions.
- Local legislatures enact ordinances creating PDAO structure, staffing, and funding.
Head of PDAO and Focal Person
- Priority for appointment given to qualified persons with disabilities.
- Initial year funding limits for creation of PDAO positions may be waived.
- Position qualifications approved by Civil Service Commission.
- Duties include managing PDAO, policy development, coordination, capacity building, networking, and reporting.
- Focal Person performs similar functions except office management.
- Publication and posting of vacancies comply with RA 7041 and RA 10524, encouraging women with disabilities.
Nomination and Appointment Procedures
- General assembly of persons with disabilities nominates at least three candidates.
- General assembly includes persons with disabilities with or without affiliations, civil society reps, parents of disabled children.
- Convenors facilitate nominations; proceedings documented.
- Local Personnel Selection Board (PSB) shortlists nominees with disability representation.
- PSB submits ranked nominees to local chief executive for appointment within 30 days.
- Temporary appointments allowed subject to Civil Service rules.
- Appointment notices posted publicly.
Organizational Structure and Personnel
- PDAO staffed with at least four permanent personnel: one head and three technical/administrative staff.
- Staff handle planning, implementation, monitoring, and data management of disability programs.
- Position titles and qualifications vary by local government type and size, with specified training and experience requirements.
- Staffing may be elevated based on funding and PS limits with corresponding salary grades.
Monitoring and Reporting
- Department of the Interior and Local Government (DILG) reports annually on compliance.
Funding
- Department of Social Welfare and Development (DSWD) promotes budgeting by agencies and LGUs.
- Funds come from national budgets, Gender and Development budget, and Internal Revenue Allotment.
- Local chief executives ensure fund allocation for IRR implementation.
Institutional Arrangements and Responsibilities
- LGUs ensure law implementation and fund allocation.
- DSWD advocates, provides technical support, and builds PDAO capacity.
- DILG monitors compliance, incorporates PDAO presence in governance metrics, provides assistance, and disseminates information.
- Department of Budget and Management ensures PDAO positions listed in occupational service index.
- Civil Service Commission oversees appointments and resolves related issues.
Final Provisions
- Prior inconsistent rules modified.
- IRR published in newspapers and disseminated through official channels.
- Separability clause for invalid provisions.
- IRR effective 15 days after publication.
- After three years, DSWD reviews PDAO establishment need with stakeholders.