Group 7 Educ211 IRR RA 10070

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Good

day !
!

Bagares, Poster, Ignacio,


Pearl Jane Ciarrah Althea
RA 10070 (2010) - Amendment of RA 7277
( Implementation of Programs and Services
for PWDs in every province, city and
municipality - PDAO Law)
IRR OF REPUBLIC ACT NO. 10070
IMPLEMENTING RULES AND REGULATIONS

REPUBLIC ACT NO. 10070 (AN ACT ESTABLISHING AN


INSTITUTIONAL MECHANISM TO ENSURE THE
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)
WHEREAS, Article 4.3 of the United Nation Convention
on the Rights of Persons with Disabilities (UNCRPD)

WHEREAS, the 14th Congress of the Philippines passed Republic


Act No. 10070

WHEREAS, Section 1 of RA No. 10070


WHEREAS, as a result of the consultations
with persons with disabilities, government
agencies and other stakeholders, there is a
clamor for Implementing Rules and
Regulations for Republic Act No. 10070 to
guide the provinces, cities and
municipalities in establishing the Persons
with Disabilities Affairs Office;
NOW THEREFORE, this implementing rules and regulations of
RA No. 10070 is being issued:
IMPLEMENTING RULES AND REGULATIONS

RULE I

TITLE, PURPOSE AND CONSTRUCTION

Section 1. Title.
Section 2. Purpose.
Section 3. Construction.
RULE II

DECLARATION OF POLICIES AND OBJECTIVES

It is declared policy of RA No. 7277 that persons with


disabilities are part of the Philippine society, and thus the
State shall give full support to the improvement of their total
well – being and their integration into the mainstream of
society. They have the same rights as other people to take
their proper place in society. The main objectives of RA 10070
is to ensure that policies, programs and services for persons
with disabilities are implemented at local level for them to
fully participate in building an inclusive society for all.
RULE III

DEFINITION OF TERM

Section 4. Definition of Terms – As used in the Act and this


Implementing Rules and Regulations, the following terms shall
mean:

“Persons with Disabilities”


“Federation of Persons with Disabilities”
“Disabled Peoples Organization” (DPO)
“Persons with Disabilities Affairs Office”
“Personnel Selection Board”
“Focal Person”
“Regional Committee on Disability Affairs” (RCDA
“Permanent Status”
"Temporary Status”
“Qualification Standards”
RULE IV

ESTABLISHMENT OF PERSONS WITH DISABILITIES AFFAIRS


OFFICE (PDAO) AND APPOINTMENT OF PDAO FOCAL PERSONS
Section 5. The Persons with Disabilities Affairs Office (PDAO)
shall be established in all provinces, cities, and first (1st),
second (2nd) and third (3rd) class municipalities under the
office of the governor, city or municipal mayor, respectively.
The PDAO may be a department, division or section.

Section 6. The Sangguniang Panlalawigan / Panlunsod/Bayan


shall pass an Ordinance creating the PDAO organizational
structure, staffing pattern and its annual appropriation to carry
out its functions.
RULE V

HEAD OF PDAO AND THE FOCAL PERSON


Enforcement of Sections 325(a) and 331(b) of RA 7160 shall be


waived to enable local government units to fund the initial year
requirements for newly created mandatory positions in LGUs,
as confirmed by the Department of Budget and Management
(DBM) based on the general provision of the annual GAA on the
enforcement of the Personnel Services limitations, for the
initial year of creation of mandatory offices.
Section 8. Position Description of the Head of PDAO and Focal
Person

The Head of PDAO shall perform the following duties and


responsibilities:

Manage and oversee the efficient operations of the Persons


with Disabilities Affairs Office and general supervision of its
personnel;
Develop, promote and monitor the implementation of
policies, plans, programs, and services for the development
of persons with disabilities in coordination with national
and local government agencies:
Ensure representation of persons with disabilities in the
local development councils and other special bodies:
Build the capacity of non – government organizations and
people’s organizations to participate in the implementation
of all disability related laws and policies:
Establish coordination with the province, city or
municipality, as the case maybe and ensure the inclusion of
disability concerns in all local government programs and
services:
Network with local, national and international organizations
and establish partnership on disability programs and
resource mobilizations:
Develop and submit to the concerned municipal/city mayor
or governor an Annual Work and Financial Plan.

The Focal Person shall perform the same functions except for
(a) of this section.
Section 10. Publication and Posting Requirements. The PDAO
positions shall be subject to the publication and posting
requirements under Republic Act No. 7041 otherwise known as
“An Act Requiring Regular Publication of Existing Vacant
Positions in Government Offices, Appropriating Funds Therefor,
and for Other Purposes”. All vacant positions shall be posted and
announced in three (3) conspicuous places and published in the
CSC Bulletin of Vacant Positions and official website of the
concerned local government unit for at least fifteen (15) days.
The announcements should indicate full details about the
vacancy (position title, item number, the full qualification
standards required, and the work station).
Section 11. Nomination of Head of PDAO. Upon publication of the
position, the concerned governor or city/municipal mayor, shall
instruct the Local Government Operations Officers, the Local
Social Welfare and Development Officer and the President of the
local federation/association of persons with disabilities to
prepare for a general assembly of persons with disabilities, which
shall be conducted on the last day of the posting period.
Section 12. The purpose of the general assembly is to ensure the
participation of persons with disabilities in the recruitment process in
compliance to Article 4.3 of the UN Convention on the Rights of Persons
with Disabilities, and to express the local government unit’s recognition
on the importance of Persons with Disability Affairs Office in the
development of the disability sector.
The General Assembly shall be guided by pro-forma program as
follow:

Registration and Final Acceptance Applications – HRMO


Invocation / National Anthem
Roll Call
Opening the Assembly
Orientation about RA 10070 and the appointment of Head of Office
/ Focal Person
Presentation of Qualified Applicants
Open Forum
Nomination Process – thru secret ballots
Announcement Of Nominees
Closing of the Assembly
Section 13. The Convenors shall submit the names of the nominees
to the Local Personnel Selection Board (PSB) to comply with the
usual hiring and recruitment process such as submission of
requirements, interview and shortlisting in case nominees exceed
the least number. Persons with Disabilities should be represented
within the PSB by an employee with disability to be a part of the
deliberations. In case there is no employee with disability, the
assembly may include nominating a member of the PWD
organization as an observer to the deliberations. In shortlisting or
ranking of nominees for appointment, gender balance must be
observed.
RULE VI

ORGANIZATIONAL STRUCTURE OF PERSONS WITH DISABILITY


AFFAIRS OFFICE

Section 14. Nature of Employment, Composition and Functions of


PDAO Personnel –
The four (4) permanent positions shall perform the following
functions:

Head of PDAO/Officer
Who shall be responsible in overseeing the management
and operations of PDAO
Represent persons with disabilities in meetings of local
government councils and other special bodies and
Submit report to the office of the governor or
city/municipal mayor on the implementation of programs
and services for the promotion of the rights and welfare of
persons with disabilities in the areas of jurisdiction.
Three (3) technical/administrative staff who will perform the
following tasks:

Planning and formulation/development of programs concerning


mainstreaming the disability perspective in the local government
unit’s projects and activities and development of disability
specific programs:
Monitoring and implementation of the provisions of this Act,

Batas Pambansa Blg.344, otherwise known as the Accessibility


Law, and other relevant laws at the local levels
Assist in a day-to-day operations and maintain updated
database on disability and ensure its availability.
Section 15. Organization and Composition. The Disability Affairs
Office who shall head the PDAO shall have the following position

titles and corresponding minimum qualification standards, as


appropriate

RULE VII
t

MONITORING AND IMPLEMENTATION

Section 16. The Department of Interior and Local Government


(DILG) shall provide annual report on the number of provinces,

cities and municipalities compliant with the law


RULE VIII

FUNDING

Section 17. The DSWD as the ex-officio Chair of the NCDA shall
encourage all national government agencies to include in their
annual budget the provision of funds for programs and services
for persons with disabilities in accordance with their mandates
and in accordance with the General Appropriation Act, a portion
from the five percent (5%) of Gender and Development budget
and from the Internal Revenue Allotment for local government
units shall be allocated for the implementation of PDAO
programs/projects/activities.
Section 18. The governor/city/municipal mayor shall ensure that the
necessary funds are allocated for the implementation of this IRR for
the benefit of persons with disabilities in their jurisdiction.

RULE IX

INSTITUTIONAL ARRANGEMENTS

Section 19. As part of the institutional arrangements, the


following concerned agencies which are involved in the
implementation of the Implementing Rules and Regulations shall
have the following tasks and responsibilities;
Local Government Units (province, city and municipality)

Ensure the implementation of RA No.10070 in accordance


with the established implementing rules and regulations;
and
Allocate funds to fulfill the obligations of the office in
serving the needs of persons with disabilities.
Department of Social Welfare and Development

Advocate for the establishment of Persons with Disability


Affairs Office through the Regional Council on Disability Affairs,
chaired by its Regional Directors;
Provide technical assistance and resource augmentation for
the programs and services of newly established and existing
PDAO through its regional offices; and
Support capacity building of PDAO personnel within the region
in coordination with the National Council on Disability Affairs.
Department of Interior and Local Government

Department of Budget and Management


Ensure that position titles for PDAO are listed in the index of
Occupational Services for provinces, cities and municipalities.

Civil Service Commission


Ensure compliance of the provinces, cities and municipalities in the


appointment of regular employees for PDAO in accordance with the
Civil Service Law; and
Resolve all matters pertaining to the appointment of PDAO
employees.
RULE X

FINAL PROVISIONS

Section 20. Repealing Clause. All rules and regulations inconsistent


with this IRR are hereby modified accordingly.

Section 21. Publication. The NCDA shall cause the publication of


this IRR in two (2) daily newspapers of general circulation and
disseminate copies thereof to all Disabled People’s Organization,
local government units and stakeholders and through posting in
the NCDA website.
Section 22. Separability Clause. If for any reason any part or
provision of this IRR is declared invalid or unconstitutional, any
part or provision not affected thereby shall remain in full force
and effect.

Section 23. Effectivity. This Implementing rules and regulations


shall take effect fifteen (15) days after the last day of its
publication in a newspaper of general circulation.
Signed on this date Aug. 25, 2016,

JUDY M. TAGUIWALO ISMAEL D. SUENO ALICIA dela ROSA-


SECRETARY SECRETARY BALA
Department of Social Department of the Chairperson
Welfare and Interior and Local Civil Service
Development & Government Commission
Chairperson NCDA

Thank
you!!

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