WHEREAS,
the national government recognizes its responsibility to provide the
handicapped with the fullest measure of protection and assistance to
help develop their abilities in all fields of endeavor and to promote
their integration into the mainstream of society, as well as its
primary duty for the prevention of physical and mental disabilities;chanroblesvirtualawlibrary
WHEREAS, the national government is also cognizant of the limitations
of the existing system for delivery of services to the handicapped in
this country and of the pressing need for the creation and development
of new facilities to extend the range of rehabilitation services, as
well as the expansion of existing ones to meet actual needs;chanroblesvirtualawlibrary
WHEREAS, there is an increasing awareness by the citizenry of the
national problem of disability and of their joint responsibility with
the government to be involved in the national effort to seek solutions
to the problems;chanroblesvirtualawlibrary
WHEREAS, the national leadership notes, with great concern, that in the
pursuit of this responsibility, there has been a proliferation of
activities and programs for the welfare of the handicapped by
government agencies and private organizations and that for lack of
central direction and coordination, there is widespread overlapping and
duplication of efforts, thereby resulting in the wastage of scarce
resources and professional services and impairing the achievement of
definite goals;chanroblesvirtualawlibrary
WHEREAS, the above conditions and the lack of organized and
comprehensive information on the nature and extent of the national
problem of disability, render it imperative for the national leadership
to create a central authority that will direct, coordinate and
integrate the planning, management and implementation of all
activities, national and local, public and private, pertaining to the
welfare of the handicapped, in a manner which will ensure maximum and
efficient utilization of human and natural resources for the attainment
of this national goal, on the basis of comprehensive data and
information. chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the power vested in me by the
Constitution, do hereby order and decree:cralaw:red
Section 1. Declaration of Policy. — The Government of
the Republic of the Philippines hereby declares its full acceptance and
support for the United Nations Economic and Social Council Resolution
on May 6, 1975, particularly the following portion:cralaw:red
"BELIEVING that the problem of disability is an appreciable component
of the economic and social condition of every country and,
consequently, that programs to prevent disability and to rehabilitate
the disabled are an essential part of comprehensive plans for economic
and social development, responsibility for which must be assumed by
Governments working, as appropriate, with non-governmental
organization.
Section 2. Creation of the National Commission
Concerning Disabled Persons. — There is hereby created a National
Commission, hereinafter referred to as the "Commission", which shall be
under the supervision and control of the Office of the President of the
Philippines.
Section 3. Objectives for the Commission. — The
Commission shall have the following objectives:cralaw:red
a. To prepare and adopt an integrated and
comprehensive long-term National Rehabilitation Plan, which will insure
the protection of the rights of the handicapped, provide services for
their needs and at the same time insure adequate safeguards for the
prevention of disability — taking into consideration the National
Rehabilitation Plan prepared by an Ad Hoc Committee that may be created
for that purpose; chanroblesvirtualawlibrary
b. To insure that all programs and services for the
welfare of the handicapped are universal and accessible to all segments
of society;chanroblesvirtualawlibrary
c. To conduct comprehensive and continuing studies on
rehabilitation services and on the problems and causes of disability,
covering all major areas of concern — social, medical, educational and
vocational — and to make corresponding recommendations on the basis of
its fundings;chanroblesvirtualawlibrary
d. To propose new policies and new legislation, or
amendments to existing ones, that will insure the attainment of its
objectives;chanroblesvirtualawlibrary
e. To act as overall coordinating body, to
rationalize the functions and activities of government agencies,
private entities and international organizations operating in the
Philippines, and the enforcement of laws related to and affecting the
handicapped;chanroblesvirtualawlibrary
f. To establish, maintain and expand contracts with
international public and private organizations concerned with the
handicapped, and to keep abreast with international standards and the
latest developments in the international rehabilitation community;chanroblesvirtualawlibrary
g. To act as a national consultative and advisory
body to the President on matters within its competence;chanroblesvirtualawlibrary
h. To insure the fullest participation and
involvement of handicapped persons in rehabilitation process; and
i. To educate and reorient the general public in its
attitude thinking in regard to the disabled.
Section 4. Powers and Functions of the
Council. —
a. To monitor and evaluate all projects, programs and
activities pertaining to the welfare of the handicapped and to take
appropriate steps to insure that they comply with established
priorities, standards and guidelines;chanroblesvirtualawlibrary
b. To undertake continuing research studies or
surveys on various topics pertaining to the rehabilitation of the
handicapped;chanroblesvirtualawlibrary
c. To conduct public hearings, conferences, or
meetings on any issues related to its areas of responsibility, as it
deems appropriate;chanroblesvirtualawlibrary
d. To maintain continuing educational, training and
information programs to promote its objectives;chanroblesvirtualawlibrary
e. To maintain such implementing mechanisms as may be
necessary to enable it to perform its role as the national coordinating
body for all agencies and organizations concerned with the handicapped;chanroblesvirtualawlibrary
f. To prepare periodic reports to the President on
the status of its activities;chanroblesvirtualawlibrary
g. To seek the assistance of or to commission any
department, bureau, office, agency, state university or college and
other government instrumentalities in the form of personnel facilities
and other resources when such assistance/commission is necessary for
the attainment of its objectives;chanroblesvirtualawlibrary
h. To supervise in coordination with line agencies
pilot demonstration projects and programs;chanroblesvirtualawlibrary
i. To establish standards and guidelines in the
organization and management of rehabilitation facilities and
programs; chanroblesvirtualawlibrary
j. To encourage the setting up of an office to
disseminate information and relevant materials;chanroblesvirtualawlibrary
k. To make recommendations which would guarantee the
establishment of a data banking system, to compile the latest
information, statistics and materials pertaining to rehabilitation and
related disciplines;chanroblesvirtualawlibrary
l. To encourage the setting up of a Central Reference
Office for disabled clients in need of assistance and to establish
linkages to maintain an effective referral system.
Section 5. Composition of the Commission. — All
functions and powers of the Commission shall be vested in a Board of
Commissioners, hereinafter referred to as the "Board" which shall be
composed of a chairman who shall be appointed by the President and the
following as members:cralaw:red
a. Director-General, National Economic and
Development Authority
b. Secretary of Health
c. Secretary of Labor
d. Secretary of Social Services and Development
e. Secretary of National Defense
f. Secretary of Education and Culture
g. The Presidential Assistant on Legal Affairs
h. President of the Philippine Foundation for the
Rehabilitation of Disabled, Inc.
i. President of Veterans Federation of the
Philippines
j. Two disabled persons to be selected by the
Commission
k. Three representatives from the private sector as
members.
Section 6. Duties of the Chairman. — The Chairman
shall perform the following duties:cralaw:red
a. To call and preside over the meetings of the
Board;chanroblesvirtualawlibrary
b. To disburse, administer and obligate funds of the
Commission, subject to the approval of the Board;chanroblesvirtualawlibrary
c. To conduct and manage the affairs of the
Commission;chanroblesvirtualawlibrary
d. To ensure that the decisions and policies of the
Board are implemented;chanroblesvirtualawlibrary
e. To sign for and represent the Commission;chanroblesvirtualawlibrary
f. To accept on behalf of the Commission, gifts,
grants or donations and to administer, obligate and disburse the same
in accordance with policies and regulations promulgated by the Board;chanroblesvirtualawlibrary
g. To organize permanent or ad-hoc committees,
consisting of Members of the Board or such other experts as are deemed
necessary for the discharge of the functions of the Commission. chanroblesvirtualawlibrary
Section 7. The Secretariat. — The Philippine
Foundation for the Rehabilitation of Disabled, Inc. shall serve as the
Secretariat for the Commission and will provide the machinery to
coordinate policy functions, implementation of programs and the
organization of such services as may be required by the Board in the
exercise of its functions.
The Secretariat shall be headed by the Executive Director of the
Philippine Foundation for the Rehabilitation of Disabled, Inc. who will
also act as Action Officer and Secretary of the Commission.
PFRD will be reimbursed for the actual cost of service performed for
the Commission, upon certification by the PFRD President and approval
of the Chairman.
Section 8. Meetings. — The Board shall meet every
month or oftener at the call of the Chairman.
Five (5) members of the Board shall constitute a quorum. However, when
a decision is made by such a quorum, it must carry the unanimous vote
of all five members to be valid.
Members of the Board shall receive no compensation, but, shall be
entitled to travelling, representation and other allowances. chanroblesvirtualawlibrary
Section 9. Appropriations. — There is hereby
appropriated the sum of one million five hundred thousand pesos out of
any funds in the National Treasury not otherwise appropriated as
initial operating funds of the Commission. Thereafter, such amounts as
shall be needed for the continued operation of the Commission shall be
regularly included in subsequent annual general appropriation acts.
Section 10. Donations. — The Commission shall be
authorized to receive grants, donations, contributions or gifts in
whatever form and from whatever sources, which will then be
administered, obligated or disbursed in accordance with the terms
thereof, or, in the absence of such terms, in such manner as the Board
may determine. All such grants, donations, contributions or gifts to
the Commission shall be exempt from customs duties, income and gift
taxes and shall be deductible in full and shall not be included for
purposes of computing the maximum deductible under Section 30,
paragraph of the National Internal Revenue Code, as amended.
Section 11. Definition of Terms. — The following
terms as used in this Decree shall have the meanings indicated below:cralaw:red
a. DISABILITY. — The lack of or impairment of a
physical and mental development or function of an individual resulting
from disease, illness, accident, injury or social trauma, occurring
pre-natally or acquired post-natally, thereby imposing limitations or
barriers to independent living, intersocial relationships, mobility,
education and employment.
b. HANDICAP. — A disadvantage suffered by a person
which makes achievement unusually difficult because of some physical
and/or psycho-social impairment. It also refers to cumulative effect of
obstacles which the disadvantage interposes between the individual and
his maximum functional level. chanroblesvirtualawlibrary
c. REHABILITATION. — The restoration of the disabled
or handicapped to the fullest physical, mental, social and economic
usefulness of which he is capable with in the limitations of the
disability or handicap.
Section 12. Repealing Clause. — All laws and
executive orders, or parts thereof, contrary to, or inconsistent with
the provisions of this Decree are hereby repealed, amended or modified
accordingly.
Section 13. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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