Republic of the Philippines
Province of Negros Oriental
Office of the Sangguniang Panlungsod
City of Tanjay

EXCERPT FROM THE JOURNAL OF THE 101ST REGULAR SESSION OF THE 7TH SANGGUNIANG PANLUNGSOD OF THE CITY OF TANJAY HELD AT THE SP SESSION HALL ON JULY 9, 2018.

PRESENT:

Honorable Regalado D. Salma, Jr. Acting City Vice-Mayor/Acting Presiding Officer
Honorable Daryll T. Aba Member
Honorable Francisco R. Dael, Jr. Member
Honorable Joselito R. Manso Member
Honorable Henry R. Tam Member
Honorable Felix R. Mira, Jr. Member
Honorable Teopisto T. Calumpang, Jr. Member
Honorable Patchita Y. Bulandres Member
Honorable Epifanio T. Busmion Member
Honorable Irving M. Malunda Member
Honorable Ysmael V. Cornelio (Interim ABC President) Member
Honorable James Kenneth G. Aguilar (SK President) Member

 

ABSENT

NONE

RESOLUTION NO. 18-241

“WHEREAS, Persons with Disabilities (PWDs), due to various kind of restrictions in their abilities, are perhaps the most disadvantaged sector in the society;

“WHEREAS, most of them even lack the educational attainment necessary for self advancement;

“WHEREAS, the City Government of Tanjay needs to consider the plight of the PWD sector as a priority concern.

“WHEREAS, posed with deep concern for these marginalized fellow Tanjayanons, it is the belief of this Honorable Body that there should be local law which shall then provide a mechanism by which to uphold, promote and protect the rights and welfare of Persons with Disabilities in Tanjay 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;

“THEREFORE, on motion of Member Francisco R. Dael, Jr., seconded by Members Joselito R. Manso Epifanio T. Busmion and Irving M. Malunda, the Honorable Sangguniang Panlungsod

“RESOLVED to pass the following ordinance, to wit:

ORDINANCE NO. 6
AN ORDINANCE CREATING THE PERSONS WITH DISABILITY AFFAIRS OFFICE (PDAO) IN THE CITY OF TANJAY, AND FOR OTHER PURPOSES

“Be it ordained by the Sangguniang Panlungsod of the City of Tanjay, that:

“SECTION 1. Title – This ordinance shall be known as the “ORDINANCE CREATING THE PERSONS WITH DISABILITY AFFAIRS OFFICE (PDAO) IN THE CITY OF TANJAY”

“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 AND 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. Definition of Terms. For purposes of this Ordinance, 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 task 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 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 4. Role of Local Government Units and National Agencies – Pursuant to Section 1 of RA No. 10070, amending Section 40 of RA No. 7277, Local Government Units and National Agencies shall have the following roles, namely:

a) 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 opportunity and other undertakings that shall enhance health, physical fitness and economic and social well-being of PWDs.

b) Local government units shall organize and establish Persons with Disability Affairs Office (PDAO).

“SECTION 5. Creation of Persons with Disability Affairs Office (PDAO). There is hereby created under this Ordinance the Persons with Disability Affairs Office (PDAO) in the City of Tanjay, under the Office of the City Mayor. 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. Priority shall be given to qualified PWDs to head and man said office.

The City Mayor shall exercise supervision and control over PDAO. He is hereby empowered to design the PDAO organizational/functional structure in consultation with the national council on Disability Affairs (NCDA), and concerned NGOs; and he 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 6. Functions of PDAO. The Persons with Disability Affairs Office, under its PWD Affairs Officer, shall carry out the following functions, viz:

(a) 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;

(b) 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 Bldg. 344, otherwise known as the Accessibility Law, and other relevant laws at the local level;

(c) Represent PWDs in meetings of local development councils and other special bodies;

(d) Recommend and enjoin the participation of non-government organizations (NGO)s and people’s organization (POs) in the implementation of all disability-related laws and policies;

(e) Gather and compile relevant data on PWDs, in coordination with the Barangay Councils and the concerned national and local government offices;

(f) 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;

(g) 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;

(h) 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;

(i) Monitors fundraising activities being conducted for the benefit of PWDs;

(j) Seek donations in cash or in kind from local and foreign donors to implement and approve work plan for PWDs, in accordance with existing laws and regulations; and

(k) Perform such other functions as may be necessary for the promotion and protection of the welfare of the PWDs.

“SECTION 7. 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:
1. The concerned Sangguniang Panlungsod Member, preferably the Chairman of the Committee on Social Welfare and Development, shall act as ex-officio Chairman.
2. The City Social Welfare and Development Officer (CSWDO);
3. The City Health Officer (CHO);
4. The City Legal Officer (CLO);
5. The City Engineer (CEO);
6. The City Budget Officer (CBO);
7. The City Planning and Development Coordinator (CPDC);
8. The President of the Liga ng mga Barangay, or its authorized representative;
9. The Provincial Director, Department of Trade and Industry (DTI);
10. The City Schools Division Superintendent, Department of Education (DepEd);

“SECTION 8. 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.

“SECTION 9. The Role of the Barangays. It shall be the responsibility of the Barangay Councils, through their respective Barangay Health Workers (BHWs) to assist the PDAO in making a comprehensive listing and profiling of all Persons 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 10. The Role of the Private Sector. The Private Sector – the nongovernment organizations (NGOs), the private institution and individuals, the business community, and the people’s organizations (POs) – are hereby encourage 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 11. 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 Tanjay. Therefore, it is hereby set aside annually a sum equivalent to one-half of 1% of the entire income of the city as aid to Persons with Disability (PWDs).

“SECTION 12. 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 13. 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 14. Effectivity – This Ordinance shall take effect immediately upon its approval.

“UNANIMOUSLY APPROVED.”
_____________

I HEREBY CERTIFY to the correctness of the above-quoted resolution.

JOSELITA C. FLORDELIZ
SP Secretary

DARYLL T. ABA FRANCISCO R. DAEL, JR. JOSELITO R. MANSO
HENRY R. TAM FELIX R. MIRA, JR.. PATCHITA Y. BULANDRES
EPIFANIO T. BUSMION TEOPISTO T. CALUMPANG IRVING M. MALUNDA
YSMAEL V. CORNELIO JAMES KENNETH G. AGUILAR
ATTESTED: APPROVED:
REGALADO D. SALMA, JR
Acting City Vice-Mayor/ Acting Presiding Officer
REYNALDO S. CONCEPCION
City Mayor