Office for the Disbled Persons

ORDINANCE NO. 0396 s. 2005
(PROPOSED ORDINANCE NO. 1092 s. 2005)
For final presentation

AN ORDINANCE CREATING THE OFFICE OF PERSONS WITH DISABILITIES AFFAIRS (OPDA) IN THE TWO CONGRESSIONAL DISTRICTS OF THE CITY OF CALOOCAN PURSUANT TO REPUBLIC ACT 7277, OTHERWISE KNOWN AS “MAGNA CARTA FOR DISABLED PERSONS” AND APPROPRIATING FUNDS FOR ITS OPERATION AND MAINTENANCE AND FOR OTHER PURPOSES.

Sponsored by :
HON. MA. MILAGROS “ROSE “MERCADO
HON. HENRY P. CAMAYO

WHEREAS, pertinent provisions of the 1987 Philippine Constitution require the government to provide essential services to persons with disabilities for their empowerment and upliftment of their lives;

WHEREAS, Article 13 Section 2 of the same Constitution includes disable persons as one of the priority sectors to be given access to essential goods and services at affordable cost;

WHEREAS, further, Article 13 Section 13 of the aforesaid Constitution similarly provides that the state shall establish “a special agency for disabled person for their rehabilitation, self-development and self-reliance, and their integration into the mainstream of society;

WHEREAS, toward this end, the Congress of the Philippine enacted in 1992 RA 7277, otherwise known as the Magna Carta for Disabled Persons directing national and local government agencies to implement programs and services to ensures the full participation of Persons with Disabilities (PWDs) in all aspects to community life;

WHEREAS, the Sangguniang Panlungsod is mandated by the Local Government Code of 1991 (R.A.7160) Sec. 458 5(xiv) to “provide for the care of disabled persons, paupers, the aged, the sick, persons of unsound mind, abandoned minors, juvenile delinquent, drug dependents, abused children, and other needy and disadvantaged persons, particularly children and youth below eighteen (18) years of age, and, subject to availability of funds, establish and provide for the operation of centers and facilities for them;

WHEREAS, the Office of the President issued Proclamation No. 240 Declaring the Period from the Year 2003 to the Year 2012 as The Philippine Decade of Persons with Disabilities where the funds necessary to carry out this Proclamation shall be sourced out by the concerned agencies from their annual appropriation, the amount of which shall be less than 1% of each agency’s total budget for the year equivalent to the amount provided for in the General Appropriation Act of 2002;

WHEREAS, in order to sustain and continuously carry out the task of monitoring, evaluating, data gathering, needs assessment, planning, establishment of production center, creation of job opportunities and advocacy in the city as the case maybe, the need for establishing an Office for the Disabled Persons Affairs (OPDA) to serve as its structural organization for the implementation of the abovementioned purposes is heretofore highly recommended;

NOW THEREFORE, BE IT ORDAINED, AS IT IS HEREBY ORDAINED BY THE SANGGUNIANG PANLUNGSOD, in a session duly assembled, that;

SECTION 1 This ordinance shall be known as OFFICE OF PERSONS WITH DISABILITIES AFFAIRS (OPDA) of the City of Caloocan.

SECTION 2 POWERS AND FUNCTIONS:
1. Implement the provision of Magna Carta for Disabled Persons (R.A.7277) and Batas Pambansa Blg. 344 in the Local level.

2. Establish data gathering center for statistics of PWDs, training and job opportunities and serve as information center of the city.

3. Establish a resource center for independent living of PWDs in their respective community.

4. Establish production and livelihood sheltered workshop for PWDs including group homes and training center that will accommodate severely handicapped people.

5. Monitor and regulate fund raising activities and solicitation using PWDs as beneficiaries.

6. Assist PWDs to have access to voting precincts local and national elections.

7. Formulate and implement plans, programs and policies, relative to promotion of the
welfare of PWDs in coordination with concern national agencies.

8. Attend meetings of the Local Development Councils and other special bodies.

9. Deputized NGOs, POs for monitoring implementation of Magna Carta and B.P. 344.

10. Submits reports to the President of the Republic of the Philippines of the implementation of programs and services relative to the promotion of the welfare of the disabled persons in their areas of jurisdiction.

11. The OPDA may receive donations in cash or in kind from local and foreign donations which shall be exempted from donor tax, valued-added tax, tariff and other custom duties provided such donations are actually, directly and exclusively used for PWDs as certified by the regional Director of DSWD and the NCWDP.

SECTION 3 BUDGET – The Local Social Service Office shall prepare the budget estimate for the first year. However, it shall be the responsibility of the OPDA to prepare and submit to the Executive Office of the Mayor their proposed budget for the succeeding years. The Sanggunian in its yearly appropriation taking into account the following shall determine the amount necessary to carry out the function of OPDA:

1. Income of the city.

2. The number of the PWDs identified as against the total population.

3. Magnitude of the implementation of the programs and services.

SECTION 4 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 5 REPEALING CLAUSE - All ordinances or portion thereof inconsistent herewith is hereby repealed or modified accordingly.

SECTION 6 EFFECTIVITY - This ordinance shall take effect within fifteen (15) days upon approval and publication in a newspaper of general circulation.
ENACTED by the Sangguniang Panlungsod, City of Caloocan, in its regular session held on the ____ day of August, 2005.


C E R T I F I C A T I O N

This certifies that the above Proposed Ordinance is the original work of the author based on extensive study and research.

HON. MA. MILAGROS “ROSE” MERCADO
City Councilor

HON. HENRY P. CAMAYO
City Councilor