RESOLUTION CREATING A SPECIAL COMMITTEE ON PERSONS WITH DISABILITIES IN THE HOUSE OF REPRESENTATIVES

December 23, 2010


Fifteenth Congress
First Regular Session

House Resolution No. 496

WHEREAS, persons with disabilities, such as those with attention deficit disorder, attention deficit hyperactivity disorder, cerebral palsy, Down syndrome, behavior problem, chronically ill, hearing impaired, learning disabled, mentally challenged, orthopedically handicapped, speech defective, slow learner, visually impaired, among others, comprise a considerable segment of the population;

WHEREAS, persons with disabilities face difficulties dealing with major life activities that include walking, talking, hearing, seeing, breathing, learning, performing manual tasks, and caring for oneself, in the manner or within the range considered normal for a human being;

WHEREAS, according to the definition developed by the World Health Organization, disability is not something that person has but, instead, something that occurs outside of the person – the person has a functional limitation. Disability occurs in the interaction between a person, his or her functional ability, and the environment. A person’s environment can be the physical environment, communication environment, information environment, and social and policy environment.

WHEREAS, it is a stark reality that persons with disabilities encounter enormous challenges, not to mention direct physical abuses and discriminatory practices, if and when they compete socially, culturally and educationally, or when they leave the comfort of their homes to places of public accommodation such as restaurants, retail stores, libraries, and hospitals as well as commercial facilities such as offices buildings, warehouses, and factories, such that their conditions usually require additional investments in time, money and other resources from their family, educators and trainors when adopting learning curricula, methodology, facilities and equipment that are not normally present in educational and training institutions;

WHEREAS, if government were to truly help persons with disabilities express their full potential as human beings, there is a need for social services workers, planners, property owners and transportation and communication operators to provide in the design of buildings, facilities and equipment certain variations to allow persons with disabilities gain access on built environment and transportation, training on employment and livelihood, auxiliary social services, education, health, information, communication and technology;

WHEREAS, while the Philippine government has not been remiss in adopting legal frameworks that benefit persons with disabilities in accordance with our cultural practice to care for all members of the family and from international documents and commitments recognizing the rights of persons with disabilities, there is a strong clamor from persons with disabilities and their families not only for full implementation of existing laws and programs but also for focused studies, adoption, expansion, enhancement, and review of policies and programs that will respond to local and international trends and new opportunities in the promotion of the rights of persons with disabilities;

NOW, THEREFORE, BE IT RESOLVED AS IT IS HEREBY RESOLVED, to create a Special Committee on Persons with Disabilities in the House of Representatives;

RESOLVED FURTHER THAT, the Special Committee on Perons with Disabilities shall exercise the duties and powers of a standing committee and shall have jurisdiction over all matters directly and principally relating to policies and programs to protect and promote the rights and welfare of persons with disabilities, prevent the causes of disabilities, promote rehabilitation and create political, cultural and social environments that engender equalization of opportunities among all persons.

Adopted.

ORIGINAL SIGNED
DAVID L. KHORepresentative
Party List, Senior Citizens

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CA Rules NCDA Guidelines on PWD ID card is enforceable

December 22, 2010

After a long legal battle of the National Council on Disability Affairs (NCDA) to establish the validity and legality of Administrative Order No. 1 it issued on April 23, 2008 as required under Republic Act 9442 providing the Guidelines on the Issuance of Identification Card Relative to Republic Act 9442, the Court of Appeals (CA) issued a Resolution which it promulgated on November 19, 2010, lifting the suspension of its implementation brought about by a petition for Prohibition with application for a Temporary Restraining Order and/or a writ of Preliminary Injunction filed by the Drugstores Association of the Philippines, Inc. (DSAPI). The Resolution dismissed the petitioners’ motion for reconsideration and it Affirmed with Modification our pronouncement that NCDA Administrative Order No. 1 is now effective and enforceable nationwide.

DSAPI and its members Save More Drug, Inc., Manson Drug Corporation, South Star Drug, Inc. and Northern Luzon Drug, Inc. filed earlier the petition seeking to annul and enjoin the implementation of the following laws, namely; (1) Section 32 of RA 7277 as amended by RA 9442; (2) Section 6, Rule IV of the Implementing Rules and Regulations of RA No. 9442; (3) National Council on Disability Affairs (NCDA) Administrative Order No. 1, Series of 2008; (4) Department of Health (DOH) Administrative Order 2009-11; and (5) Department of Finance Revenue Regulation 001-09.

Earlier, the CA promulgated a Decision on July 26, 2010 finding that the subject NCDA Administrative Order No. 1, Series of 2008, has not yet been registered with the Office of the National Administrative Register (ONAR), and thereby suspending the implementation of the law. It thus decided that the petition is PARTLY GRANTED. The non-registration of said NCDA Administrative Order No. 1 was thus suspended pending Respondents compliance with the proof of its filing with ONAR and its publication in a newspaper of general circulation.

Administrative Order No. 1, Series of 2008 issued by NCDA, provides guidelines for the issuance of identification cards to persons with disabilities which shall be presented when availing of the 20% discount in the purchase of medicines; fares for domestic air, sea and land travels including public railways and skyways; recreation and amusement centers including theatres, food chains and restaurants; and other incentives and benefits provided for under Republic Act No. 9442.

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2nd Asia Pacific CBR Congress

December 15, 2010

First Announcement

Go to 2nd Announcement

The Philippines is honoured and proud to host the 2nd Asia Pacific CBR Congress on November 29 to December 01, 2011.

With the theme “CBR: Building Communities for Everyone”and Sub-Theme: “Mainstreaming Disability in the Development Agenda”, the 2nd AP CBR Congress will initiate the discussions on how CBR will be a meaningful tool in generating awareness and establishing the support mechanisms to ensure that persons with disabilities will enjoy their rights and the protection and respect of their dignity. Further, the Congress shall be able to develop guidelines on the CBR network direction to ensure the harmonization of domestic laws to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

The Congress aims to:

1. Promote the practice of community-based inclusive development in Asia-Pacific Region;

2. Promote multi-sectoral partnerships for the implementation of UNCRPD, MDGs and other development initiatives;

3. Promote the Asia-Pacific Network;

4. Explore the possibilities of forming the CBR Global Network.

Instructions/Details for the venue, call for abstracts, registration fee, accommodation and other concerns will be included in the second announcement. For programme information please contact CBM-CBR Coordinating Office at cbmcbrph@pldtdsl.net.

The Philippine looks forward to welcoming you to this 2nd CBR Congress.

ORIGINAL SIGNED
MATEO A. LEE, JR.Officer-in-Charge
National Council on Disability Affairs

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S & R Membership Shopping, the World Class Shopping Experience

December 14, 2010

S & R signifies its support to comply with the implementation of Republic Act 9442 in providing discount on basic and prime commodities to persons with disabilities and the provision of express lane. This is a result of a complaint received by the NCDA from a person with disability for their non-acceptance of the ID card. This support was expressed through Ms. jessica P. Santos, Executive Manager who visited the Council on December 7, 2010 to inquire about the Republic Act 9442.

Ms. Santos also said that upon receipt of the complaint forward by the NCDA, S & R started the process of formulating the guidelines for dissemination to their four (4) branches located at Global City, Makati, Congressional, Quezon City, Alabang, Paranaque and Baclaran Pasay. S & R is presently employing persons with disabilities as employees in their branches.

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NCDA-JICA Non-Handicapping Environment project receives IAUD Excellence Award

December 10, 2010

Please refer to: Ms. Barbie Ganaden, Information, Education and Communication Division, 951-5013

The Philippine government through the National Council on Disability Affairs and its collaborating partner- the Japan International Cooperation Agency, was awarded a National Excellence Award on their project called “The Creation of Non-Handicapping Environment (NHE) for Persons with Disabilities in Rural Areas in the Philippines” by the International Association for Universal Design (IAUD) based in Japan during the 3rd International Conference for Universal Design last October 30 to November 3 this year. The awarding ceremony was held on November 1, 2010 in Hamamatsu, Japan.

The award was presented in recognition of the government’s efforts to implement two (2) NHE projects in the Municipalities of New Lucena and Opol in Iloilo Province and Misamis Oriental, respectively, to promote a barrier-free community for persons with disabilities in the Philippines. Present during the awarding rites were Mayors Mondejar-Seville and Dexter B. Yasay of said municipalities.

The NHE project which is jointly implemented by NCDA and JICA started in 2008 and will end in 2012. This undertaking aims primarily to make public places in the rural areas, such as churches, public markets, government offices and other establishments accessible to persons with disabilities in accordance with existing universal design concepts other than compliance to Batas Pambansa Bilang 344, otherwise known as the Accessibility Law.

The IAUD Award 2010 is presented and conferred to individuals and organizations for their outstanding activities and contributions towards the realization of the Universal Design as a means for the society in which many people as possible can enjoy meaningful and comfortable life free from inconveniences due to differences of ethnic or cultural, origin, customs, nationality, sex, age or capacity.

IAUD acts on its principle to contribute in improving the well being of human kind through contributing to the sound development of society to realize universal design.

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Notice of Resolution

December 6, 2010

Notice of Resolution

Republic of the Philippines
COURT OF APPEALSManila

ELEVENTH DIVISION
CA-G.R.SP NO. 109903

Members:

TIJAM, Chairperson
GONZALES-SISON, M.,&
BUESER, D.Q. II

DRUGSTORES ASSOCIATION OF THE PHILIPPINES, INC.
SAVE MORE DRUG, INC.,
MANSON DRUG CORPORATION,
SOUTH STAR DRUG INC., and
NORTHERN LUZON DRUG CORPORATION
Petitioners

-versus-

NATIONAL COUNCIL ON DISABILITY AFFAIRS,
DEPARTMENT OF HEALTH
DEPARTMENT OF FINANCE
BUREAU OF INTERNAL REVENUE,
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT and
DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT
Respondents

Promulgated:

RESOLUTION
TIJAM, :

On July 26, 2010, We partially granted Petitioner’s petition for injunction, the dispositive portion of our decision stated:

WHEREFORE, the petition is PARTIALY GRANTED. The effectivity of NCDA Administrative Order No. 1 is hereby SUSPENDED pending Respondents compliance with the proof of filing of NCDA Administrative Order No. 1 with the Office of the National Administrative Register and its publication in a newspaper circulation.

SO ORDERED.

In a Letter, dated August 4, 2010, the NCDA, thru its Officer-in-charge Mateo Lee, claimed that the filing of copies of NCDA Administrative Order No. 1 with the University of the Philippines Law Center was a sufficient compliance with the requirement of publication relying on Section 3,1 Chapter 2 of the Revised Administrative Code of 1987.

Subsequently, the NCDA2 and the Office of the Solicitor General3 filed their respective motion for reconsideration to lift the suspension of the implementation of Administrative Order No. 1 attaching thereto copies of newspapers, The Philippine Star and The Daily Tribune with the corresponding affidavits of publication6 issued by the respective representatives of the said newspaper companies; a Certification7 from the Office of the National Administrative Register (ONAR) showing that NCDA Administrative Order No. 1.S.2008 was filed with said office on October 22, 2009, as proof of their compliance. Petitioners also filed a motion for partial reconsideration8 of Our Decision dated July 26, 2010.

After a careful and exhaustive evaluation of Petitioners motion for partial reconsideration, We find that the same merely reiterates identification issues and arguments raised by the Petitioners in their petition for prohibition which had been extensively passed upon by this Court in its assailed decision. Considering that no new or novel issues have been raised, We find no compelling reason to reverse Our previous ruling on the validity and constitutionality of subject administrative order.

In view of Respondents compliance, the suspension of the effectivity of NCDA Aministrative Order No. 1 is hereby lifted considering that the same was filled with ONAR and was published in a newspaper of general circulation.

WHEREFORE, Petitioners motion for partial reconsideration is Dismissed. This Court’s Decision dated July 26, 2010, hereby AFFIRMED with Modification with Our pronouncement that NCDA Administrative Order No. 1 is now effective and enforceable nationwide.

SO ORDERED.

ORIGINAL SIGNED
NOEL G. TIJAM
Associate Justice

WE CONCUR:

ORIGINAL SIGNED
MARLENE GONZALES-SISON
Associate Justice

ORIGINAL SIGNED
DANTON Q. BUESER
Associate Justice

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Kakayahan 2010 Skills Demonstration Marks International Day of Persons with Disabilities

December 2, 2010

In celebration of this year’s International Day of Persons with Disabilities, the National Council on Disability Affairs (NCDA) will hold today (December 3) a national work skills demonstration of persons with disabilities dubbed as “Kakayahan 2010.”

A total of sixty (60) contestants with various types of disabilities who were selected from different regions of the country are set to participate in 12 different trade categories to be held simultaneously in four (4) different venues – Activity Center, SM City North EDSA Annex, Quezon City; NCDA Atrium, Isidora Street, Bgy. Holy Spirit, Quezon City; Commission on Information and Communication Technology – National Computer Center (CICT-NCC), UP Diliman, Quezon City; and Resources for the Blind Inc., COTI Building, 623 EDSA, Cubao, Quezon City.

The whole-day undertaking aims to create public awareness on the work excellence of persons with disabilities and their ‘right to work’ as embodied under Article 27 (Work and Employment) in the United Nations Convention on the Rights of Persons with Disabilities (UN-CRPD).

The skills demonstration also calls for all stakeholders – the government, private sector and civil society to engage persons with disabilities in as many work opportunities as possible.

Skilled persons with disabilities adept in Floral Arrangement, Painting, Photography, Cake Decoration, Waste Reuse, Creating Web Pages, Poster Design, English Desktop Publishing, Computer Assembly, English Word Processing, Cooking, and Auto-CAD Architecture categories will showcase their competence in these trade areas. Experts from their respective fields and industries were invited to serve as judges. Further details of this event can be obtained from Ms. Nelia de Jesus at NCDA thru Telephone Nos. 951-61-29 and 951-50-13, and Mobile No. 0919-972-6187.

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