Title
Supreme Court
IRR of RA 10070 on PDAO Establishment
Law
Irr Republic Act No. 10070
Decision Date
Aug 25, 2016
The IRR of Republic Act No. 10070 establishes guidelines for the establishment and functioning of Persons with Disability Affairs Offices (PDAOs) to ensure the implementation of programs and services for persons with disabilities (PWDs) at the local level in the Philippines, promoting their inclusion and well-being in society.

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.

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