CITY ORDINANCE 2002-003

Republic of the Philippines

CITY OF SAN FERNANDO

REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD CITY OF SAN FERNANDO ON THE 30TH DAY OF APRIL 2002.

PRESENT:

Hon. Councilor Francisco C. Ortega, Jr.

Hon. Councilor Pancracio Q. Nisce

Hon. Councilor John H. Orros

Hon. Councilor Manuel  R. Borja

Hon. Councilor Joseph M. de Guzman

Hon. Councilor Jessie R. Miranda

Hon. councilor Romulo S. Dyquiangco

Hon. Member Rodolfo M. Abat

Hon. Member Edison T. Zamoranos

ABSENT:

Hon. Councilor Francisco Emmanuel R. Ortega III – On vacation leave

Hon. Councilor Antonio G. Jucar – On vacation leave

Hon. Councilor Maurino A. Tabora – On sick leave

Hon. Councilor Mario A. Lacsamana

CITY ORDINANCE NO. 2002-003


AN ORDINANCE CREATING THE OFFICE OF PERSONS WITH DISABILITIES AFFAIRS (OPDA) IN THE CITY OF SAN FERNANDO, PROVINCE OF LA UNION AND APPROPRIATING FUNDS FOR THE PURPOSE THEREOF.

SECTION 1. TITLE – This ordinance shall be known as an ordinance creating the Office of Persons with Disabilities Affairs (OPDA) in the City of San Fernando, Province of La Union and appropriating funds for the purpose thereof.

SECTION 2. CREATION OF THE OFFICE – The Office of Persons with Disabilities Affairs is hereby created in the City of San Fernando under the Office of the City Mayor.

SECTION 3. DEFINITION OF TERMS – For purposes of this Ordinance the following terms and phrases shall apply:

a.) “Disability”- shall mean (1) a physical or mental impairment that substantially limits one or more psychological, physiological or anatomical function of an individual or activities of such  individual; (2) a record of such impairment; or (3) being regarded as having such an impairment (RA 7277, otherwise known as the Magna Carta for Disabled Persons);

b.) “Disabled Person”- refers  to an individual suffering from restrictions or different abilities, as a result of a mental, physical or sensory impairment, to perform as activity in the manner or within the range considered normal for a human being. (RA 7277, otherwise known as the Magna Carta for Disabled Persons);

c.) “Office”- shall refer to the Office of the Persons with Disabilities Affairs also otherwise known as OPDA;

d.) “Person with Disability”- shall refer  to a Disabled Person as described herein, also otherwise termed as PWD;

e.) “Social Barriers”- refer to the characteristics of institutions, whether legal, economic, cultural recreational or other, any human group, community, or society which limit the fullest possible participation of disabled persons in the life of the group. social barriers include  the negative attitudes which tend to single out and exclude disabled persons and which distort roles and interpersonal relationships.

SECTION 4. FUNCTION OF THE OFFICE – The Office of Persons with Disabilities Affairs shall have the following functions:

a.) Implement programs and projects stipulated in the Magna Carta for Disabled Persons, Accessibility Law and other national and local laws governing and concerning Persons with Disabilities/Disabled Persons;

b.) Design programs and projects for and with disabled persons distinct to the needs of the sector in the City of San Fernando;

c.) Establish community-based rehabilitation programs and community-based programs for elderly with disability in the City  and the Barangay;

d.) Propose to the City Council pertinent legislative measures for the welfare of the disabled persons;

e.) Coordinate with various agencies, both national and local, in the implementation of the different programs and projects of the Office;

f.) Advocate for the opportunity and accessibility of disabled persons in education, employment, health services, socio-civic, cultural and sports programs of the City;

g.) Safeguard the rights of the disabled in order to ensure that the Magna Carta for the Disabled, the Accessibility Law and other national and local laws governing and concerning Persons with Disabilities are carried out in the City of San Fernando;

SECTION 5. COMPOSITION OF THE OFFICE – The Office of Persons with Disabilities Affairs shall initially have the following Staff to perform the functions stipulated above and who will be receiving an honorarium and per diem and traveling allowances:

1 Coordinator                    – P5,000.00

1 Clerk – Utility Worker – P3,000.00

SECTION 6. QUALIFICATIONS AND FUNCTIONS OF THE COORDINATOR – No person shall be appointed Coordinator of the Office of Persons with Disabilities Affairs (OPDA) unless he is a citizen of the Philippines, a resident of the City of San Fernando, of good moral character, is a member of the Samahan Ng May Kapansanan and a recognized Person with Disability, provided that he/she does not suffer from a contagious disease or whose actuation is  inimical  to other PWDs  as certified by a qualified government or private volunteer physician, and deemed qualified and fit to occupy the position as attested  to by his educational background and work experience. The appointment shall be based on recommendations  made  by the Samahan Ng May Kapansanan. The coordinator of the Office of Persons with Disabilities Affairs shall take charge of the Office of Persons  with Disabilities Affairs (OPDA) and shall:

a.) Coordinate, set-up and maintain linkages with instrumentalities of the local, provincial, regional and national government such as the Department of Social welfare and Development – regional field Office I (DSWD-ROI), the National Anti-Poverty commission (NAPC) and the National Council for the Welfare of Disabled Persons (NCWDP) for the delivery of health care services, facilities, professional counseling services, volunteer training and community self-help projects.

b.) Identify the needs, training opportunities of PWDs in the City of San Fernando and initiate, develop and ensure the implementation of programs and projects for the benefit of the PWDs.

c.) Help to monitor the implementation of laws beneficial to PWDs in the City of San Fernando, specifically B.P. Blg. 344 and RA 7277 and other pertinent laws.

d.) To exercise such other functions which are necessary to carry out the purpose for which the OPDA of the City of San Fernando was established.

SECTION 7. QUALIFICATIONS AND FUNCTIONS OF THE CLERK – UTILITY WORKER – No person shall be appointed Clerk for the Office of Persons with Disabilities Affairs (OPDA) unless he is a citizen of the Philippines, a resident of the City of San Fernando, of good moral character, is a member of the Samahan Ng May Kapansanan and a recognized Person with Disability, provided that he/ she does not suffer from a contagious disease or whose actuation is inimical to other PWDs as certified by a qualified  government or private volunteer physician, and deemed qualified for the position. The appointment shall be based on recommendations made by the Samahan Ng May Kapansanan. He shall:

a.) Lend clerical service in order to facilitate the smooth work flow of the Office.

b.) To maintain a regular update on a semi-annual basis, a list  of PWDs which would include pertinent personal data (e.g. disability, special skills and abilities, employment record, rehabilitation needs).

c.) Help to monitor the implementation of laws beneficial to PWDs in the City of San Fernando, specifically B.P. Blg. 344 and RA 7277 and other pertinent laws.

d.) Lend utility service in order  to facilitate the smooth work flow of the Office.

e.) To exercise such other functions which are necessary to carry out the purpose for which the OPDA of the City of San Fernando was established.

SECTION 8.  FUNDING – To carry out the provision of this Ordinance the Office of the City Mayor shall  provide the necessary  funding/allocation.

SECTION 9. SEPARABILITY CLAUSE – If for any reason, any provision of this Ordinance is declared  to be unconstitutional or invalid, the other provisions hereof not so affected shall continue in full force and effect.

SECTION 10. REPEALING CLAUSE – Any Ordinance or portion thereof inconsistent herewith is hereby repealed or modified accordingly.

SECTION 11. EFFECTIVITY – This ordinance shall take effect upon publication.

APPROVED.

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CERTIFICATION

I hereby certify to the correctness of the aforequoted City Ordinance enacted on Third Reading on April 30, 2002.

Signed

MARGARRET I. FAROLAN

Secretary to the Sanggunian

ATTESTED:

Signed

RAMON F. LAUDENCIA

Temporary Presiding Officer

APPROVED this 7th day of May 2002.

Signed

BERNARDO L.  VALERO

Acting Mayor