EXCERPTS FROM THE MINUTES OF THE 72ND REGULAR SESSION OF THE 6th SANGGUNIANG PANLUNGSOD BATCH 2016-2019 OF THE CITY OF TABACO HELD AT THE SESSION HALL, LOCATED AT THE SECOND FLOOR TABACO CITY HALL BUILDING ON DECEMBER 05, 2017.
Hon. Nestor T. San Pablo City Vice Mayor & Presiding Officer.
Hon. Sheina Marie C. Onrubia Floor Leader & Member,
Hon. John Gio Ong-Bongao Assistant Floor Leader & Member,
Hon. Roderick P. Martirez Member,
Hon. Arnaldo B. Bragais Member,
Hon. Raul Roi B. Borejon Member,
Hon. Oscar R. Rocha Member,
Hon. Julio C. Azada Chua, Jr. Member,
Hon. Hector D. Rodriguez Member,
Hon. Danilo C. Buenconsejo Member, &
Hon. Preciocisima B. Tanggo (Pres., LMB) Member.
N O N E
Hon. Luis Renir B. Burce President Pro-Tempore & Member.
Proponent: HON. RAUL ROI B. BOREJON
City Ordinance No. 036-2017
AN ORDINANCE CREATING THE PERSONS WITH DISABILITY AFFAIRS OFFICE (PDAO) IN THE CITY OF TABACO, AND FOR OTHER PURPOSES.
WHEREAS, the Philippine Constitution, in the Declaration of Principles and State Policies, mandates that the State shall promote social justice in all phases of national development;
WHEREAS, Article 13 of the same Constitution includes disabled persons as one of the priority sectors to be given access to essential goods and services at affordable cost and further provides that the State shall establish a special agency for disabled persons for their rehabilitation, self-development and self-reliance and their integration into the mainstream of the society;
WHEREAS, Section 16 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991 states that “government units, shall ensure and support among other things, the preservation and enrichment of culture, promote health and safety, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order and preserve the comfort and convenience of the inhabitants”;
WHEREAS, National and Local Government agencies are directed to implement programs and services to ensure the full participation of Person with Disabilities (PWDs) in all aspects of community life thru Republic Act No. 7277, otherwise known as the Magna Carta for Disabled Persons, and later on amended by R.A. No. 9442, R.A. No. 10070 and R.A. No. 10754;
WHEREAS, Republic Act No. 10070, also known as an Act to Establish an Institutional Mechanism to Ensure the Implementation of Programs and Services for Persons with Disabilities in every Province, City and Municipality, mandates the creation of a Persons with Disability Affairs Office in all local government units;
WHEREAS, the Implementing Rules and Regulations (IRR) of RA 10070) signed on August 25, 2016 provides for the mechanism in the establishment of Person with Disability Affairs Office (PDAO) and the appointment of PDAO Focal Person in every local government unit.
WHEREAS, in order to sustain and continuously carry out the task of monitoring, evaluation, data gathering, needs assessment, planning, establishment of production center, creation of job opportunities and advocacy in all cities and municipalities as the case maybe; the need for establishing a Persons With Disability Affairs Office (PDAO) to serve as its structural organization for the implementation of the above mentioned purposes is hereto recommended.
NOW, THEREFORE, on motion of Hon. Raul Roi B. Borejon, duly seconded by and approved by the body
BE IT ENACTED by the Sangguniang Panlungsod of Tabaco City, in regular session duly assembled that:
SECTION 1. Title. This ordinance shall be known as the PERSONS WITH DISABILITY AFFAIRS OFFICE (PDAO) ORDINANCE OF TABACO CITY.
SECTION 2. Legal Basis. This ordinance is based on the provisions of Republic Act No. 10070 entitled ―AN ACT ESTABLISHING AN INSTITUTIONAL MECHANISM TO ENSURE IMPLEMENTATION OF PROGRAMS ANS SERVICES FOR PERSONS WITH DISABILITIES IN EVERY PROVINCE, CITY AND MUNICIPALITY, AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE ― MAGNA CARTA FOR DISABLED PERSONS, AS AMENDED, AND FOR OTHER PURPOSES.
SECTION 3. Rationale. The Persons with Disabilities (PWDs), due to various kind 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. Thus, the City Government of Tabaco needs to consider the plight of the PWD sector as a priority concern. This ordinance provides a mechanism by which to uphold, promote and protect the rights and welfare of Persons with Disabilities in Tabaco City, adopting measures for them to avail the privileges and incentives provided by law, and ensuring that they are made more proactive, responsible and productive stakeholders of society.
SECTION 4. Definition of Terms. For purposes of this Ordnance, the following terms shall mean:
- PDAO – shall refer to the Persons with Disability Affairs Office
- PERSONS WITH DISABILITY/IES (PWDs) – shall refer to those suffering from restriction of different abilities, as a result of mental, physical and sensory disorder and/or any other handicap/conditions which include but not limited to the following:
- Visual Disability – one who has impairment of visual functioning even after treatment and/or standard refractive correction, and has visual acuity in the better eye of less than (6/18 for low vision and 3/60 for blind), or a visual field of less than 10 degrees from the point fixation. A certain level of visual impairment is defined as legal blindness. One is legally blind when your best corrected central visual acuity in your better eye is 6/60 or worse, or your side vision is 20 degrees or less in the better eye.
- Visually Impaired – one who has the ability to perceive light, to count fingers at a distance of three (3) meters in daylight, and with limitation to perform certain visual tasks such as reading, writing and mobility.
- Hearing Disability – one who has moderate or worse hearing impairment in the better ear, that is, the permanent unaided hearing threshold level of the better ear of 41 or 31 decibels or greater in age under 15 years old.
- Hearing Impaired – one who has inability to hear clearly and tell the difference between certain sounds and words (or can hear a little without hearing aid) and or the complete, partial loss of the ability to hear from one or both ears; with 26 decibels or greater hearing threshold, averaged at frequencies 0.5, 1.0, 2.0, and 4.0 kilohertz.
- Speech Impaired – one who has speech difficulty raging from inability to speak to ability to speak but not sufficiently clear.
- Orthopedically Handicapped – one who has a physical disability due to bones, joints, tendons and muscles defects such as post-polio, fracture.
- Mentally Challenged – one who has mental retardation, a person who has significantly sub-averaged intellectual functioning resulting in or associated with concurrent adaptive behavior, in coping with any demand of daily life manifested through their sensory motor, communication, self-help, socialization, academic and vocational skills.
- Attention Deficit Hyperactive Disorder – one who has a condition in the brain that makes it difficult to control their behavior.
- Persons with Autism – one who has a lifelong developmental disability which typically appears during the first three years of life resulting from a neurobiological disorder that affects the functioning of the brain and interferes with the normal development in the areas of reasoning, social interaction and communication skills.
- Learning Disability – one who exhibits disorders in perception, listening, reading, writing, spelling and arithmetic and/or any disorder in one or more of the basic psychological or physiological processes (perception, comprehension, thinking, etc.) involved in understanding or in using unspoken or written language.
- Mental Disability – one who has disability resulting from organic brain syndrome (i.e. mental retardation, acquired lesions of central nervous system, or dementia) and or mental illness (psychotic or non-psychotic disorder).
- Psychosocial Disability – one who acquired behavioral, cognitive, emotional or social impairment that limits one or more activities necessary for the effective interpersonal transactions and other civilizing processes or activities for daily living such as but not limited to deviancy or anti-social behavior.
- Emotionally Disturbed Person – one who displays a significant behavior or psychological pattern that deviates from an arbitrary and relative social norm such as aggressive and acting out behavior or withdrawn behavior.
- Other Handicap – one who has circumstances that may give rise to disadvantages, such as problems with cleft palate, harelip, etc.
- Multi-Disability – one who has two or more disabilities such as those with mental retardation and blindness.
- Chronic Illness – words to describe a group of health conditions that lasts a long time. It may get slowly worse over time or may become permanent or it may lead to death. It may cause permanent change to the body and it will certainly affect the person’s quality of life.
- Congenital Diseases – diseases existing at and usually before birth which may have a hereditary or nonhereditary cause.
For clarity in coverage, the term ―Persons with Disability/ies (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 5. Role of Local Government Units (LGUs) and National Agencies. Pursuant to Section 1 of Republic Act No. 10070, amending Section 40 of Republic Act No. 7277, Local Government Units (LGUs) shall have the following roles, namely:
- Local government units shall promote the establishment of organizations of persons with disabilities (PWDs) in their respective territorial jurisdictions. National agencies and local government units may enter into joint ventures with organizations and associations of PWDs to explore livelihood opportunities and other undertakings that shall enhance health, physical fitness and economic and social well-being of PWDs.
- Local government units shall organize and establish Persons with Disability Affairs Office (PDAO).
SECTION 6. Creation of Persons with Disability Affairs Office (PDAO) in the City of Tabaco.
- There shall be established a Persons with Disability Affairs Office (PDAO) in the City of Tabaco which shall be attached to the City Social Development Office. The office shall be manned by sufficient number of employees to ensure delivery of services to the sector. Preference must be given to qualified persons with disabilities. There shall be no discrimination against a qualified disabled person by means of disability in regard to job application procedures; the hiring, promotion, or discharge of employees, employees’ compensation, job training; and other terms and conditions of employment.
- Enforcement of Sections 325 (a) and 331 (b) of RA 7160 shall be waived to enable the City Government of Tabaco to fund the initial year requirements for newly created mandatory positions, as confirmed by the Department of Budget and Management (DBM) based on the general provision of the annual GAA on the enforcement of Personnel Services limitations, for the initial year of creation of mandatory offices.
- Appointment to the position of the Head of PDAO shall be subject to the qualification requirements as approved the by Civil Service Commission.
- The City Mayor shall appoint a PWD Affairs Officer who shall manage and oversee the operations of PDAO, pursuant to the mandate under RA No. 10070. The City may appoint such number of PDAO personnel as are necessary to carry out the functions and objectives of PDAO, subject to fund limitation. For reasons of economy and expediency, interim appointments may be resorted to, and may be drawn from any department or office now existing within City Hall.
SECTION 7. Position Description of the Head of PDAO. The Head of PDAO shall perform the following duties and responsibilities:
- Manage and oversee the efficient operations of the Persons with Disabilities Affairs Office and general supervision of its personnel;
- Develop, promote and monitor the implementation of policies, plans, programs, and services for the development of persons with disabilities in coordination with national and local government agencies:
- Ensure representation of persons with disabilities in the local development councils and other special bodies:
- Build the capacity of non – government organizations and people’s organizations to participate in the implementation of all disability related laws and policies:
- Establish coordination with the province, city or municipality, as the case maybe and ensure the inclusion of disability concerns in all local government programs and services:
- Network with local, national and international organizations and establish partnership on disability programs and resource mobilizations:
- Develop and submit to the concerned municipal/city mayor or governor an Annual Work and Financial Plan.
SECTION 8. Functions of PDAO. The Persons with Disability Affairs Office shall carry out the following functions, viz:
- Formulate and implement policies, plans and programs for the promotion of the welfare of PWDs in coordination with concerned national government agencies, particularly the National Council for Disability Affairs (NCDA), and local government offices;
- 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 relevant laws at the local level;
- Represent PWDs in meetings of local development councils and other special bodies;
- Recommend and enjoin the participation of non-government organizations (NGOs) and people’s organizations (POs) in the implementation of all disability-related laws and policies;
- Gather and compile relevant data on PWDs, in coordination with the Barangay Councils and the concerned national and local government offices;
- Disseminate information including, but not limited to, programs and activities for PWDs, statistics on PWDs, including children with disability, and training and employment opportunities for PWDs;
- Submit report to the Office of the City Mayor on the implementation of the programs and services for the promotion of the welfare of PWDs;
- Ensure that the policies, plans and programs for the promotion of the welfare of PWDs are duly funded by both the national and local government;
- Monitor fundraising activities being conducted for the benefit of PWDs;
- Seek donations in cash or in kind from local and foreign donors to implement and approved work plan for PWDs, in accordance with existing laws and regulations; and
- Perform such other functions as may be necessary for the promotion and protection of the welfare of the PWDs
SECTION 9. Organizational Structure of PDAO. The Persons with Disability Affairs Office shall have at least four (4) personnel on a permanent status.
The four (4) permanent positions shall perform the following functions:
- Head of PDAO/Officer
- Who shall be responsible in overseeing the management and operations of PDAO
- Represent persons with disabilities in meetings of local government councils and other special bodies and
- Submit report to the office of the governor or city/municipal mayor on the implementation of programs and services for the promotion of the rights and welfare of persons with disabilities in the areas of jurisdiction.
- Three (3) technical/administrative staff who will perform the following tasks:
- Planning and formulation/development of programs concerning mainstreaming the disability perspective in the local government unit’s projects and activities and development of disability specific programs
- Monitoring and implementation of the provisions of this Act, Batas Pambansa Blg.344, otherwise known as the Accessibility Law, and other relevant laws at the local level
- Assist in a day to day operations and maintain updated database on disability and ensure its availability.
Technical and administrative staff maybe appointed by phases or according to plan.
SECTION 10. Positions and Qualifications Standards.
- The Persons with Disability Affairs Officer who shall head the PDAO shall have the following position titles and corresponding minimum qualification standards:
|Local Government Unit (LGU)||Position Title and Salary Grade||
|Component Cities *||DAO IV
|Bachelor’s Degree||3 years of relevant experience on disability affairs||16 hours of relevant training on disability affairs||Career Service Professional/ Second Level Eligibility|
*Refer to the Local Government Code for the definition
- The Head of the PDAO shall have his/her staff, lower level positions using the following series of DAO positions with the corresponding qualification standards:
|DAO II||15||Bachelor’s Degree||1 year relevant experience on disability affairs||4 hours of relevant training on disability affairs||Career Service Professional/ Second Level Eligibility|
|DAO I||11||Bachelor’s Degree||None Required||None Required||Career Service Professional/ Second Level Eligibility|
|Disability Affairs Assistant||8||Completion of 2 years of College||1 year relevant experience on disability affairs||4 hours of relevant training||Career Service Professional/ Second Level Eligibility|
SECTION 11. Publication and Posting Requirements. The PDAO positions shall be subject to the publication and posting requirements under Republic Act No. 7041 otherwise known as “An Act Requiring Regular Publication of Existing Vacant Positions in Government Offices, Appropriating Funds Therefor, and for Other Purposes”. All vacant positions shall be posted and announced in three (3) conspicuous places and published in the CSC Bulletin of Vacant Positions and official website of the concerned local government unit for at least fifteen (15) days. The announcements should indicate full details about the vacancy (position title, item number, the full qualification standards required, and the work station).
Compliance with Republic Act No. 10524, An Act Expanding the Position Reserved for PWD, amending for the purpose of the 3rd Sentence of Section 5 in Title 2, Chapter 1 of Republic Act 7277, as amended, otherwise known as “Magna Carta for Persons with Disability”, shall be observed and included in the publication. Qualified women with disabilities shall be encouraged to apply.
SECTION 11. Nomination of Head of PDAO. Upon publication of the position, the city mayor, shall instruct the Local Government Operations Officer of Tabaco, the City Social Welfare and Development Officer and the President of the local federation/association of persons with disabilities to prepare for a general assembly of persons with disabilities, which shall be conducted on the last day of the posting period. The general assembly shall nominate at least three (3) qualified applicants for consideration of the Local Selection Board and the Local Chief Executive. The Human Resource Management Officer shall document the proceedings of the General Assembly.
SECTION 12. The purpose of the general assembly is to ensure the participation of persons with disabilities in the recruitment process in compliance to Article 4.3 of the UN Convention on the Rights of Persons with Disabilities, and to express the local government unit’s recognition on the importance of Persons with Disability Affairs Office in the development of the disability sector.
The general assembly for PDAO shall be open to all persons with disabilities, with or without organizational membership, representatives of civil society organizations working on disability within the LGU, and parents or representative of children with disabilities. The convenors shall be responsible in inviting the participants. The Department of Interior and Local Government (DILG) shall issue the guidelines that will govern the conduct of the General Assembly.
The General Assembly shall be guided by pro-forma program as follow:
Registration and Final Acceptance Applications – HRMO
Invocation / National Anthem
Opening the Assembly
Orientation about RA 10070 and the appointment of Head of Office / Focal Person
Presentation of Qualified Applicants
Nomination Process – thru secret ballots
Announcement of Nominees
Closing of the Assembly
SECTION 13. The Convenors shall submit the names of the nominees to the Local Personnel Selection Board (PSB) to comply with the usual hiring and recruitment process such as submission of requirements, interview and shortlisting in case nominees exceed the least number. Persons with Disabilities should be represented within the PSB by an employee with disability to be a part of the deliberations. In case there is no employee with disability, the assembly may include nominating a member of the PWD organization as an observer to the deliberations. In shortlisting or ranking of nominees for appointment, gender balance must be observed.
Upon completion of the requirements and processes set by the PSB, the names of shortlisted nominee with ranking shall be submitted to the concerned governor or city/municipal mayor for consideration.
The City Mayor shall appoint the head of PDAO/Focal Person within thirty (30) days upon submission of the recommended nominees of the Local Personnel Board.
A temporary appointment may be issued by the city mayor, in case the nominees do not possess the appropriate career service eligibility, subject to Civil Service Law and Rules.
The Human Resource Management Officer shall post a notice announcing the appointment issued by the governor or city/municipal mayor in three (3) conspicuous places in the agency within fifteen (15) days from signing.
SECTION 14. Advisory Board. An Advisory Board to PDAO is hereby created to review and provide guidance to the direction and operation of the Office. This Board shall be composed of the following, viz:
- The concerned Sangguniang Panlungsod member, who shall act as ex-officio Chairman;
- The Department Head, City Social Welfare and Development Office (CSWDO);
- The Department Head, City Health Office (CHO);
- The Department Head, City Legal Office (CLO);
- The Department Head, City Engineer’s Office (CEO);
- The Department Head, City Budget Office (CBO);
- The Department Head, City Planning and Development Office (CPDO);
- The President, Tabaco Chamber of Commerce and Industry (TCCI);
- The President of the Liga ng mga Barangay, or its authorized representative;
- The President of Tabaco City Federation of Persons with Disabilities (TCFPWD), or its authorized representative;
- The Provincial Director, Department of Trade and Industry (DTI);
- The City Schools Division Superintendent, Department of Education (DepEd);
- The District Officer, Land Transportation Office (LTO); and
- The President, Kapisanan ng mga Brodkaster ng Pilipinas (KBP) Albay Chapter.
SECTION 15. Office Location. The PDAO herein created shall be located preferably within the City Hall compound, in any of its buildings or in a new building that may be constructed in the future. For purposes of greater accessibility and convenience to PWDs, it can also be located in the downtown Tabaco, when office space is available.
SECTION 16. The Role of the Barangays. It shall be the responsibility of the Barangay Councils, through their respective Barangay Health Workers (BHWs) and Social Welfare Volunteers (SWVs), to assist the PDAO in making a comprehensive listing and profile of all Person with Disabilities (PWDs) in their respective barangays, including its regular updating; moreover, to allocate and facilitate release of barangay funds accruable to the PWDs in accordance with DSWD Administrative Order No. 13 Series of 2008, in support of barangay PWD association’s plans and objectives; and furthermore, to assist PWDs in accessing the benefits, privileges and incentives provided by law.
SECTION 17. The Role of the Private Sector. The Private Sector — the non-government organizations (NGOs), the private institutions and individuals, the business community, and the people’s organizations (POs) — are hereby encouraged to help and support the plans and objectives of PDAO. Private Sector helping any PWD association, or any of its members, shall coordinate with and take first cognizance of PDAO for records and other purposes.
SECTION 18. Budgetary and Financial Requirement. Salaries and wages of personnel, and maintenance and other operating expenses (MOOE) for PDAO shall be drawn from the General Fund. The City Government shall ensure that the necessary fund from any available local revenues is allocated for the implementation of this Ordinance for the benefit of PWDs in the City of Tabaco. . Section 4 of RA 10070 mandates that LGUs shall ensure that the necessary fund from any available local revenues is allocated for the implementation of the PDAO activities for the benefit of PWDs in their jurisdictions. For the succeeding years of implementation, PDAO funding shall be included in the City’s Annual Plans and Budget. The fund shall be used exclusively for the Persons with Disability Affairs Office (PDAO), including but not limited to its operational costs, implementation of programs that will promote and alleviate the welfare of the PWDs, and the provision of basic services.
SECTION 19. Separability Clause. Any provision or portion of this Ordinance found to be in violation of the Constitution or declared invalid by the competent court, shall not affect validity and effectivity of the other provisions hereof.
SECTION 20. Repealing Clause. All ordinances, rules and regulations or parts thereof, which are inconsistent or in conflict with the provisions of this Ordinance, are hereby repealed and/or modified accordingly.
SECTION 21. Effectivity. This Ordinance shall take effect immediately upon its approval.
We hereby certify to the correctness of the foregoing Ordinance.
RAUL ROI B. BOREJON NESTOR T. SAN PABLO
Proponent City Vice Mayor & Presiding Officer
GLENDA B. PANTI
Secretary to the Sangguniang Panlungsod
LUIS RENIR B. BURCE
OIC City Mayor