NBI Releases Recommendation on Complaints of PWDs Against Cebu Pacific Air

September 29, 2010

On the September 16, 2010 NCDA Board Meeting, DOJ Assistant Chief State Counsel, Ruben F. Fondevilla requested the National Bureau of Investigation (NBI) to update the National Council on Disability Affairs (NCDA) on the complaints filed by Jovencio Concha III and Katrina Segundo against Cebu Pacific Air. This was in violation of Republic Act 7277 (Magna Carta for Persons with Disability.

Atty. Eleanor Racher Martil-Angeles (2nd from left) of NBI reports on the recommendations of the Bureau during the NCDA Board Meeting. .
Atty. Eleanor Racher Martil-Angeles (2nd from left) of NBI reports on the recommendations of the Bureau during the NCDA Board Meeting. .

Based on the NBI report (NBI Case No: C-10-04520, AGD No. 0105-130), on 15 April 2010, then Acting Secretary Alberto Agra of DOJ referred to the NBI Director, for appropriate action, the letter of NCDA, OIC, Mr. Mateo A. Lee, Jr. addressed to DOJ Secretary Agnes Devanadera. It refers to the complaints of Mr. Concha, et al, against Cebu Pacific Air for alleged violation of RA 7277. The NCDA forwarded the complaints from the disabled sector, namely: Mr. Jovencio Concha III, the ten (10) deaf students, Ms. Katrina Segundo, and a special child Arvin Alcantara, who all suffered alleged discrimination from the said airlines’ management and personnel. In their reply, Cebu Pacific denied the allegations of the complaints and maintained that they have to ensure overall safety of the flight, including the crew and the passengers. Cebu Pacific added that its personnel have been religiously complying with the provisions of its Operations Manual and Cabin Crew Safety Manual duly approved by the Civil Aviation Authority of the Philippines (CAAP), to guarantee the safety and security of all its passengers.

The NBI found that the management of Cebu Pacific Airs violated Section 34 of RA 7277, for refusing to convey passengers by reason of their disability. Though some of them were able to take their respective flights in the end, it cannot be denied that they experienced delay in boarding and suffered humiliation in the process. The NBI recommends that the copy of the report be forwarded to the DOJ for information and appropriate action. NBI considered that this case be closed and terminated as far as their bureau is concerned and records of this case be forwarded to the Identification and Records Division (IRD) for future reference.

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NCDA Awards for the 2010 NDPR Week’s Success

September 24, 2010

Architect Mariano C. del Castillo receives from NCDA Chairperson Rosie Lovely Romulo, on behalf of DPWH Asec. Dimas S. Soguilon, the Plaque of Appreciaton, for the success of the 2010 NDPR Week.  Also for DPWH Secretary Gogelio Singson's endorsement of Php 5.3 Million which includes ramp construction in the repair of the pedestrian overpass in Commonwealth fronting GOTESCO
Architect Mariano C. del Castillo receives from NCDA Chairperson Rosie Lovely Romulo, on behalf of DPWH Asec. Dimas S. Soguilon, the Plaque of Appreciaton, for the success of the 2010 NDPR Week. Also for DPWH Secretary Gogelio Singson's endorsement of Php 5.3 Million which includes ramp construction in the repair of the pedestrian overpass in Commonwealth fronting GOTESCO

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Reply of Mercury Drug to NCDA Letter dated 20 August 2010 Re: BFAD Case Nos. CMP-PD-2010-031 and CMP-PD-2010-032

September 24, 2010

07 September 2010

MS. NAZARITA T. TACANDONG, RPh, MPA
Acting Director IV
Food and Drug Administration
Alabang, Muntinlupa City

Re: Reply to NCDA Letter dated 20 August 2010 BFAD Case Nos. CMP-PD-2010-031 and CMP-PD-2010-032

Dear Dir. Tacandong:

We beg to disagree with the position of the National Council on Disability Affairs (NCDA) as stated in its letter dated 20 August 2010. Republic Act No. 9442 cannot yet be implemented as Administrative Order No. 001, s. 2008, one of the implementing guidelines, was declared by the Court of Appeals to be not yet in effect.

Indeed, the Decision of the Court of Appeals dated 26 July 2010 upheld the validity of Republic Act No. 9442. However, in the words of NCDA, what was “granted is the suspension of the implementation of NCDA Administrative Order No. 001, s. 2008 relative to the issuance of ID”.

The importance of the ID cannot be further emphasized. We need to ensure that the person asking for discount is indeed a person with disability. Thus, one of the major requirements for availing the discount for disabled persons is the presentment of a duly issued identification card identifying the person with disability (PWD) as such. It is through these requirements as enumerated in the implementing rules and regulations and administrative orders, that the orderly and efficient enforcement of the law can be had. Thus, for the law to be properly enforced, these implementing rules and regulations including administrative orders should be validly enacted.

NCDA cannot therefore just set aside the decision of the Court of Appeals suspending the implementation of NCDA AO No. 001, S. 2008. If indeed NCDA AO No. 001, s. 2008 is not necessary for the implementation of RA 9442, then the Court of Appeals could have expressly pointed out that fact and there would have been no need to declare such order suspended.

At present, there is yet no Decision issued by the Court of Appeals confirming that NCDA has complied with its directive. Hence, we could not yet give the said discount to persons with disabilities.

We reiterate our assurance that we shall continue to abide by the prevailing laws and regulations in effect.

Very truly yours,

ORIGINAL SIGNED
JONNA O. GUIANG
Legal Officer

COPY FURNISHED:

MR. MATEO A. LEE, JR.
Officer-In-Charge
National Council on Disability Affairs
NCDA Building, Isidora Street
Brgy. Holy Spirit, Quezon City
By registered mail with Registry Receipt No. __
Dated September __, 2010-09-24

MS. NEMIA T. GETES
Chief, Regulation Division I
Food and Drug Administration

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JICA Officials for NHE Project Visit NCDA

September 23, 2010

JICA and NCDA Meeting on Non-Handicapping Environment
JICA and NCDA Meeting on Non-Handicapping Environment

NCDA Officials and the JICA Team for the Non-Handicapping Environment (NHE) Project for Rural Areas welcomed and briefed visiting expert Mr. Yutaka Takamine (seated 3rd from left) on the Council’s programs and status of NHE Project last September 14, 2010. Mr. Takamine is the new Short-Term JICA Expert for said project.

The NCDA-NHE Project team took the opportunity to warmly send off Mr. Makoto Iwase (standing 5th from left) who will be going back to Japan after more than 3 years of working for JICA Philippines.

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NCDA Hosts Dialogue with Ramon Magsaysay Awards Foundation Awardee

September 7, 2010

Assistant Secretary Nora C. Salazar thanks Mr. Noman Khan, 2010 Ramon Magsaysay Foundatio (RMF) Awardee for sharing with NCDA partners and staff his award-winning zeal for a disability-inclusive Bangladesh against all odds.  Also, for sharing his time last August 27, 2010 in NCDA even before he was conferred the RMAF Award on August 31, 2010 at the Cultural Center of the Philippines.
Assistant Secretary Nora C. Salazar thanks Mr. Noman Khan, 2010 Ramon Magsaysay Foundatio (RMF) Awardee for sharing with NCDA partners and staff his award-winning zeal for a disability-inclusive Bangladesh against all odds. Also, for sharing his time last August 27, 2010 in NCDA even before he was conferred the RMAF Award on August 31, 2010 at the Cultural Center of the Philippines.

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MMDA Retains Exemption of PWDs from Vehicular Coding

September 6, 2010

As requested by NCDA, MMDA Secretary Atty. Francis N. Tolentino retained the exemption of motorists with disabilities from vehicular coding known as the UVVRP or “Unified Vehicular Volume Reduction Program”. UVVRP is MMDA’s move to decrease the volume of motorists for better traffic management in Metro Manila.

With inadequate accessible transport system, this development will greatly boost the mobility of persons with disabilities in the National Capital Region, to get to their places of work and other destinations. The Council notes that this could well be MMDA’s pitch to support Articles 9, 19 and 20 of the “UN Convention on the Rights of Persons with Disabilities”(CRPD) ratified by the country last April 15, 2008, Articles ,19 and 20.

Requiring in Securing the Exemption of PWDs from the UVVRP/Number Coding Scheme are as follows:

1. PWD request letter explaining the exemption. In case the vehicles is not registered in the PWD’s name, please indicate in the letter that it is registered under the name of your parents/guardian;

Address the letter to Atty. Francis N. Tolentino
Chairman
Metropolitan Manila Development Authority
MMDA Building, EDSA corner Orense Street
Guadalupe, Makati City

Contact Nos.: 882-2626; 882-0854; 882-0893; 882-0871

2. Medical Certificate; and
3. O.R. C. R.

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