AN ACT ESTABLISHING AN INSTITUTIONAL MECHANISM TO ENSURE THE IMPLEMENTATION OF PROGRAMS AND SERVICES FOR PERSONS WITH DISABILITIES IN EVERY PROVINCE

Case Overview and Summary

Summary of Republic Act No. 10070

Establishment of Persons with Disability Affairs Office (PDAO)
- A PDAO shall be created in every province, city and municipality. (Section 1)
- The local chief executive shall appoint a PWD affairs officer to manage and oversee the PDAO. (Section 1)
- Priority shall be given to qualified PWDs to head and man the PDAO. (Section 1)

Functions of the PDAO:
- Formulate and implement policies, plans and programs for the promotion of the welfare of PWDs. (Section 1)
- Coordinate the implementation of relevant laws at the local level. (Section 1)
- Represent PWDs in meetings of local development councils and other special bodies. (Section 1)
- Recommend and enjoin the participation of NGOs and POs in the implementation of disability-related laws and policies. (Section 1)
- Gather and compile relevant data on PWDs in their localities. (Section 1)
- Disseminate information on programs, activities, statistics, training and employment opportunities for PWDs. (Section 1)
- Submit reports to the local chief executive on the implementation of programs and services for PWDs. (Section 1)
- Ensure that policies, plans and programs for PWDs are funded by both the national and local government. (Section 1)
- Monitor fundraising activities being conducted for the benefit of PWDs. (Section 1)
- Seek donations in cash or in kind from local or foreign donors to implement an approved work plan for PWDs. (Section 1)
- Perform other functions necessary for the promotion and protection of the welfare of PWDs. (Section 1)

Appointment of Focal Person
- For 4th, 5th and 6th class municipalities, a focal person may be designated instead of creating a PDAO, due to budget restraints. (Section 1)
- The focal person shall perform the functions of the PDAO. (Section 1)
- Priority in appointment should be given to a PWD with experience in providing services to PWDs. (Section 1)
- The establishment of a PDAO or the appointment of a focal person should be done in consultation and coordination with the NCDA, NGOs and POs. (Section 1)

Funding and Implementation
- The National Government, through the DSWD, shall ensure that the annual budget includes provisions to fund programs and provide support for PWDs. (Section 4)
- Local government units shall ensure that the necessary fund from any available local revenues is allocated for the implementation of this Act for the benefit of PWDs in their jurisdictions. (Section 4)
- Within three (3) years after the effectivity of this Act, appropriate agencies, headed by the DSWD, in consultation with the NCDA and relevant NGOs and POs, shall review its implementation and recommend to Congress the need to mandate the establishment of a PDAO in 4th, 5th and 6th class municipalities. (Section 3)

Other Provisions
- References to the term "Disabled Persons" on the title and other sections of the same Act are hereby amended to read as "Persons with Disabilities (PWDs)". (Section 2)
- All laws, presidential decrees, executive orders, and rules and regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly. (Section 5)
- If any provision of this Act is declared unconstitutional, the same shall not affect the validity and effectivity of the other provisions hereof. (Section 6)
- This Act shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation or in the Official Gazette, whichever comes first. (Section 7)