IRR – Executive Order 417

IMPLEMENTING RULES AND REGULATIONS OF THE ECONOMIC INDEPENDENCE PROGRAM FOR PERSONS WITH DISABILITIES

RULE I
DECLARATION OF POLICY

It is a policy of the State under the 1987 Constitution of the Philippines to protect Persons with Disabilities (PWD) and promote their welfare and development.

The Convention on the Rights of Persons with Disabilities is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.

Adoption of the Incheon Strategy to “Make the Right Real” for Persons with Disabilities in Asia and the Pacific, to catalyse action that shall accelerate, during the new Asian and Pacific Decade of Persons with Disabilities, 2013-2022, the achievement of the regional vision of an inclusive society that ensures, promotes and upholds the rights of person with disabilities in Asia and the Pacific.

Republic Act No. 7277, otherwise known as the Magna Carta for the Disabled Persons, also affirms, confirms and mandates rehabilitation, self-development and self-reliance, and integration of Persons with Disabilities into the mainstream society.

All agencies of the government shall formulate plans, programs and projects intended to address the concerns of Senior Citizens and Persons with Disabilities, insofar as it relates to their mandated functions and integrate the same in their regular activities.

The National Anti-Poverty Action Program and the Administration’s 10 point Legacy Agenda ensures the delivery of services and the development of the sector with disabilities.

RULE II
DEFINITION OF TERMS

The following definition of terms shall apply in this IRR for EO 417, series of 2005
Accessible Work Centers – refer to a place of work for Persons with Disabilities complete with accessible facilities, and are usable by all people.

Capital – generally refers to financial or physical assets or wealth especially that used to generate income.

Consulting Services – these are services rendered by independent contractors/ individuals possessing adequate technical and professional expertise that are beyond the capability and/or capacity of the government to undertake such as but not limited to: (i) advisory and review services; (ii) pre-investment or feasibility studies; (iii) design; (iv) construction supervision; (v) management and related services; and (vi) other technical services or special studies.

Cooperative of Persons with Disabilities – an enterprise or organizations owned, managed, controlled and benefiting Persons with Disabilities duly registered with the Cooperative Development Authority (CDA).

Cooperatives – are duly registered associations of persons with common bond of interest, who have voluntarily joined together to achieve a lawful common social or economic end, making equitable contributions to the capital required and accepting a fair share of the risks and benefits of the undertaking in accordance with universally accepted cooperative principles.

Economic Independence – refers to the state of persons with disabilities wherein he/she is able to enjoy a quality of life that is characterized by autonomy, dignity, sustainability, full access to resources, services and support likewise provided to the general population.

Employment – working for another where one gets paid for the labor or services he/she renders.

Entrepreneurship – refers to the process of putting together and taking control of the natural resources, human resources and man-made resources to translate them into production, creation and innovation for economic ventures and job creation.

Goods – refer to all items, supplies, materials and general support services, except consulting services and infrastructure projects, which maybe needed in the transaction of the public businesses or in the pursuit of any government undertaking, project or activity, whether in the nature of equipment, furniture, stationary, materials for construction or personal property of any kind, including non-personal or contractual services such as repair and maintenance of equipment and furniture, truckling, hauling, janitorial, security and related or analogous services as well as procurement of materials and supplies provided by the procuring entity or such services.

Government Financial Institutions – refer to public enterprise engaged in financial services such as but not limited to banking and micro-lending.

Government Owned and Controlled Corporations – a government-owned or controlled corporation is a stock or non-stock corporation, whether performing governmental or proprietary functions which is directly chartered by a special law or it organized under the general corporation law is owned or controlled by the government directly or indirectly through a parent corporation or subsidiary corporation to the extent of at least a majority of its outstanding capital stock or of its outstanding voting capital stock.

Livelihood – an economic engagement to achieve a desired end – that of a secure life where both one’s basic physiological needs and psycho-social aspirations are met and satisfied.
Local Government Units – refer to political units such as municipalities, cities, provinces and other political subdivisions as maybe created by law.

Marginalized Persons with Disabilities – refer to Persons with Disabilities who lack access to rehabilitative services and self-development opportunities to be able to participate fully in socioeconomic activities and who have no means of livelihood and whose income fall below the poverty threshold.

Micro-enterprises – refer to any small business activity or enterprise engaged in industry, agribusiness, and/or services whether single proprietorship, cooperative, partnership or corporation whose total assets, inclusive of those arising from loans but exclusive of the land on which the particular business entity’s office, plant and equipment are situated must have value of not more than Three Million Pesos (P3,000,000.00). This amount is subject to periodic determination of the Department of Trade and Industry (DTI) to reflect economic changes.

Microfinance – refers to small credit and savings mobilization program exclusively for the poor to improve the asset base of households and expand the access to savings of the poor. It involves the use of viable alternative credit schemed and savings programs including the extension of small loans, simplified loan application procedures, group character loans, collateral-free arrangements, alternative loan repayments, minimum requirements for savings and small denominated savers’ instrument.

National Government Agencies (NGAs) and Instrumentalities – refer to government bodies, including its affiliate institutions, identified in Title 1 Section 5 of Republic Act 8425 or the Social Reform and Poverty Alleviation Act.

Organizations of Persons with Disabilities – refer to associations managed and controlled by Persons with Disabilities duly recognized by national and local government instrumentalities.

Persons with Disabilities – include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on equal basis with other.

Rehabilitation – an integrated physical, psychosocial, cultural, spiritual, educational or vocational approach that improves conditions for the individuals, particularly a Person with Disability, to attain the highest possible level of functional ability.

Relevant Unified Training Programs – skills training programs that match the interest and aptitude of Persons with Disabilities and the demand of the labor market.

Rights of Persons with Disabilities – refer to the alienable and inalienable right of all Persons with Disabilities to fully realize all universally recognized rights and fundamental freedoms without discrimination of any kind on the basis of disability.

Self-Development – refers to the improvement of Person with Disabilities to enjoy and exercise all their rights to participate in all rational endeavours of the society.

Self-Reliance – refers to personal independence or the ability to decide for personal growth or development based on one’s own efforts and abilities.

Social Skills – generally refer to skills applied by a person to interact and communicate with others.

Vocational Skills – generally refer to the skills in performing a particular trade/job/tasks acquired through work experience, studies or other activities.

System of Equivalency – refers to an educational scheme that measures knowledge, skills and prior learning obtained by individuals from non-formal, informal and indigenous learning system as well as self-learning, independent and out-of-school study programs particularly those that respond to community needs.
Unused Government Building – refer to idle or unoccupied structures or facilities owned by the national/local government that are still structurally sound and conducive to shelter multifarious (or diversified) activities of persons with disabilities.

RULE III
IMPLEMENTATION OF THE ECONOMIC INDEPENDENCE PROGRAMS FOR PERSONS WITH DISABILITIES

Section 1. The state shall ensure that persons with disabilities are given equal opportunities to attain economic independence.

Section 2. The National Anti-Poverty Commission (NAPC), in coordination with all national government agencies and instrumentalities including Government-Owned and Controlled Corporations (GOCCs), Government Financial Institutions (GFIs), State Universities and Colleges (SCUs), and Local Government Units (LGUs) shall adhere to and compliant to the Convention on the Rights of Person with Disabilities in developing national economic and fiscal policies, programs and project that will address the Economic Independence Program of Persons with Disabilities focusing but not limited to the following principles;

a) Habilitation and Rehabilitation;
b) Self-Development;
c) Self-Reliance; and
d) Integration into the mainstream society;
e) Freedom of Choice;
f) Inclusivity
g) Accessibility
h) Guidance to vocational training programs

2.1 All national government agencies, except those not mandated by Executive Order No. 417, including their attached bureaus or offices and local government units shall assign an official who shall serve as the focal person responsible for the planning and implementation of the Economic Independence Program for Persons with Disabilities.
Section 3. The role of NAPC

3.1 The NAPC shall exercise regular policy oversight functions/responsibilities to ensure the implementation of the Economic Independence Program for Persons with Disabilities.

3.2 The NAPC shall regularly perform policy analysis and formulate policy-related recommendations for endorsement to policy makers and implementers and to coordinate with the PWD sector. For this purpose, NAPC shall monitor existing programs and projects that result to economic independence for Persons with Disabilities.
Section

4. The functions of the Persons with Disabilities (PWD) Basic Sectoral Council:

4.1 The Persons with Disabilities Sectoral Council shall initiate and fully participate in all activities relative to the implementation and realization of EO 417

4.2 The Persons with Disabilities Sectoral Council, in consultation with NCDA, shall formulate guidelines and criteria for the selection of organizations that will qualify for participation in the following activities:

Enhancement of skills;
Marketing of products and services;
Identification of accessible work center;
Accessing capital for livelihood programs; and
Collaboration in the preparation of work and financial plans of all national agencies including LGUs, GFIs, GOCCs, and SUCs.

RULE IV
ENHANCEMENT OF THE SOCIAL AND VOCATIONAL SKILLS CAPABILITIES
OF PERSONS WITH DISABILITIES

Section 1. A National Social Preparation Program shall be developed by the Department of Social Welfare and Development (DSWD)

Section 2. A system of Equivalency shall continually be developed, upgraded, updated and implemented in terms of skills, eligibility and credentials to ensure Person with Disabilities access to gainful employment and sustainable entrepreneurship by the Department of Education (DepEd), Commission on Higher Education (CHED) and Technical Education and Skills Development Authority (TESDA) thru the Ladderized Education Program and other equivalency schemes.

Section 3. A relevant skills and entrepreneurship training programs shall be developed and implemented by TESDA and DTI for Persons with Disabilities to provide them access to employment opportunities.

3.1 All trainings should tailor-fit with existing employment opportunities.

Section 4. Programs to promote cooperatives organization and development among Persons with Disabilities by the CDA.

Section 5. The NAPC shall initiate the formation of a technical committee composed of GFIs and the NAPC-Persons with Disabilities Sectoral Council that shall provide technical assistance, to facilitate access to funding facilities to entrepreneurial initiatives, programs and projects of Persons with Disabilities organizations/cooperatives.

RULE V
MARKETING OF PRODUCTS AND SERVICES OF COOPERATIVE/ORGANIZATIONS OF PERSONS WITH DISABILITIE
S

Section 1. All NGAs, bureaus, offices, instrumentalities, SUCs, GOCCs and GFIs including LGUs shall reserve at least one (1%) percent of all positions for Persons with Disabilities, as mandated under Republic Act No. 10524 or An Act Expanding the Positions Reserved for PWDs, Amending for the Purpose Republic Act No. 7277, otherwise known as the Magna Carta for Persons with Disabilities.

Section 2. All NGAs, bureaus, offices, instrumentalities, SUCs, GOCCs and GFIs including LGUs shall, avail of at least ten (10%) percent of their procurements from Persons with Disabilities provided that those goods and services shall meet the set standards and requirements. The procurement process shall be in accordance with the guidelines set by the Government Procurement Policy Board being implemented by the Agency’s Bids and Award Committee.

2.1 NAPC to directly coordinate with the Government Procurement Policy Board to develop the mechanics of procurement from Persons with Disabilities.
Section 3. The DTI, together with DOLE, DOST, PIA, and the CDA in collaboration with Persons with Disabilities Basic Sectoral Council and the National Council on Disability Affairs (NCDA), shall develop and implement marketing promotion and product development which shall include trade and livelihood fairs and bazaars to come up with a database of organizations of Persons with Disabilities and a directory of the products and services of Persons with Disabilities.

Section 4. All national and local government offices are enjoined to reserve display spaces for Persons with Disabilities products and services in their respective offices.

RULE VI
ACCESSIBLE WORK CENTERS

Section 1. The Department of Public Works and Highways (DPWH) and the Housing and Urban Development Coordinating Council (HUDCC) shall conduct an inventory of unused government buildings and must pass the safety standards and accessible features for free temporary usage as work centers for Persons with Disabilities.

Section 2. The DSWD, in coordination with other relevant authorized government agencies including LGUs shall facilitate post-identification activities including assisting organizations of Persons with Disabilities to source equipment and other operational assistance. It shall also enhance the existing social and vocational training centers and sheltered workshops.

2.1 The DSWD, DTI and DOLE shall formulate a comprehensive program to establish Area Vocational Rehabilitation Centers (AVRC) nationwide within six (6) months, and DTI to include the marketing of products as one part of the comprehensive program for Persons with Disabilities.

Section 3. Policy direction and operational decision on the utilization of unused government building shall be in coordination with the DOF and in consideration of relevant Commission on Audit (COA) accounting and auditing rules and regulations.

RULE VII
ADMINISTRATION AND ENFORCEMENT OF GENERAL PROVISIONS PERTAINING TO FACILITIES

Section 1. The Secretary of Public Works and Highways shall initiate the strict implementation of “B.P. 344 through the City/Municipal Engineers who shall also act as Local Building Officials pursuant to Section 477 of R.A. 7160, otherwise known as the Local Government Code of 1991 as applied to:

1.1 Buildings and other related structures; and
1.2 Street and highways

RULE VIII
CAPITAL FOR LIVELIHOOD PROGRAMS

Section 1. The Development Bank of the Philippines (DBP), Land Bank of Philippines (LBP), People’s Credit and Finance Corporation (PCFC), Quedan and Rural Credit Guarantee Corporation (Quedancor), the National Livelihood Development Corporation (NLDC) and other financial institutions shall make available funds for the credit requirements of eligible Persons with Disabilities cooperatives and organizations. They shall likewise develop other financial services for the Persons with Disabilities sector where viable. Subject to availability of funds. The GFIs shall develop and implement accessible and reasonable credit programs and facilities for accredited Persons with Disabilities organizations.

Section 2. The PCFC shall enjoin its affiliated microfinance institutions, which may include Persons with Disabilities (PWD)-managed microfinance institutions, to open programs for PWD entrepreneurs and promote the development of microfinance schemes designed for PWD micro-enterprises. It shall also collaborate with other stakeholders to assist PWD-managed microfinance institution in developing and/or strengthening their skills in managing/implementing their respective microfinance programs and providing livelihood and micro-enterprise training services for their beneficiaries.

RULE IX
MONITORING

Section 1. the NAPC, in coordination with NCDA as part of its monitoring function shall require implementing agencies to submit the programs and projects of all stakeholders that will ensure economic independence for Persons with Disabilities.

Section 2. All agencies with the participation of Persons with Disabilities Sectoral Council shall formulate and include in their annual work and financial plans, programs, projects, activities and other relevant plans in compliance with EO 417 and its IRR.

Section 3. The NAPC shall exercise regular policy oversight functions over all government agencies in the implementation of and compliance to EO 417.

Section 4. All concerned government agencies, bureaus, offices, instrumentalities, SUCs, GOCCs and GFIs including LGUs shall submit reports, at least on semi-annual basis, on the implementation of Economic Independence Program for Persons with Disabilities to the NAPC and NCDA.

RULE X
INSTITUTIONALIZATION OF FUNDS

Section 1. All NGAs, LGUs, GFIs and GOCCs pursuant to EO 417 shall immediately institutionalize the funding of this provision in their own Work and Financial Plans and Programs with the participation of the Persons with Disabilities Basic Sectoral Council of National Anti-Poverty Commission.
Section 2. NAPC is directed to allocate funds from its ordinary annual budget (GAA) to ensure the effective implementation of EO 417 and its IRR.

RULE XI
EFFECTIVITY

These rules and regulation shall take effect thirty (30) days after the date of publication in the Official Gazette promulgated by:

ORIGINAL SIGNED
JOSE ELISEO M. ROCAMORA
Secretary and Lead Convener
National Anti-Poverty Commission

ORIGINAL SIGNED
ENRIQUE T. ONA
Secretary
Department of Health

ORIGINAL SIGNED
CORAZON JULIANO-SOLIMAN
Secretary
Department of Social Welfare and Development