Executive Order No. 709 MALACAANG MANILA EXECUTIVE ORDER NO.

709 REDEFINING THE FUNCTIONS AND ORGANIZATIONAL STRUCTURE OF THE NATIONAL COUNCIL FOR THE WELFARE OF DISABLED PERSONS WHICH IS RENAMED AS THE NATIONAL COUNCIL ON DISABILITY AFFAIRS AND ATTACHED TO THE OFFICE OF THE PRESIDENT, AND AMENDING FOR THE PURPOSE EXECUTIVE ORDER 676 (2007) AND EXECUTIVE ORDER 232 (1987) WHEREAS, the United Nations General Assembly adopted on 6 December 2006 the Convention on the Rights of Persons with Disabilities under Resolution A/61/611 which recognizes the need to promote and protect the human rights and fundamental freedoms of all persons with disabilities, and to promote the inherent dignity including those who require more intensive support; WHEREAS, the Standard Rules on the Equalization of Opportunities for Persons with Disabilities was also adopted by the United Nations General Assembly at its 48th session on 20 December 1993 by virtue of Resolution 48/96 to ensure that persons with disabilities exercise the same rights and obligation as others, and to recognize the principles and policy guidelines in influencing the promotion, formulation and evaluation of policies, plans, programs and actions at the national, regional and international levels to further equalize the opportunities for persons with disabilities; WHEREAS, the World Programme of Action Concerning Disabled Persons was adopted by the United National General Assembly on 3 December 1982 by virtue of Resolution 37/52 to promote effective measures for the prevention of disability, rehabilitation and the realization of the goals of full participation of persons with disabilities in social life and development, and of equality; WHEREAS, the existing policy of the United Nations on disability provides the establishment of an office on disability affairs that should be under and attached to the highest office of the respective governments to facilitate coordination and monitoring of all matters attendant thereto; WHEREAS, the 1987 Philippine Constitution Article 13, Section 13 mandates the state to establish a special agency for persons with disabilities for their rehabilitation, self-development and self-reliance, and their integration into the mainstream of society;

WHEREAS, Republic Act 9442, Republic Act 7277 and Batas Pambansa Blg. 344 all provided the need for a strong agency to monitor and advocate the implementation of the programs and services for disabled persons of government agencies. WHEREAS, Presidential Decree No. 1509 created the National Commission Concerning Disabled Persons to provide persons with disability the fullest measure of protection and assistance to develop their abilities; WHEREAS, E.O. 232, Series of 1987 provided for the structural and functional reorganization of the National Council for the Welfare of Disabled Persons (NCWDP); WHEREAS, the National Council for the Welfare of Disabled Persons (NCWDP), by virtue of E.O. 676, Series of 2007, was transferred from the Department of Social Welfare and Development (DSWD) to the Office of the President (OP); NOW, THEREFORE, I, GLORIA MACAPAGAL ARROYO, President of the Philippines, by virtue of the powers vested in me by laws and the Constitution, do hereby order; Section 1. Purpose. This Executive Order shall redefine the functions and organizational structure of the National Council for the Welfare of Disabled Persons (NCWDP) which shall be renamed as the National Council on Disability Affairs (NCDA) and which shall be attached to the Office of the President amending for the purpose Executive Order 676 (2007) and Executive Order 232 (1987). Section 2. Powers and Functions of the Council. The National Council on Disability Affairs, hereinafter referred to as the Council, shall have the following powers and functions: Formulate policies and propose legislations concerning the rights and well being of disabled persons, and lead in the implementation of programs and services concerning the same; Conduct consultative meetings and prepare symposia with all stakeholders, and undertake program evaluation and monitoring to ensure that comprehensive, relevant and timely programs and services are adequate and accessible to persons with disabilities. Conduct researches and studies relevant to formulated policies to promote and enhance at all levels the rights of persons with disabilities; Establish, develop and maintain a data bank on disability in partnership with concerned government agencies and non-government organizations and strengthen the referral services to ensure availability of data to stakeholders and services to persons with disabilities including provision of assistive devices;

Establish and maintain linkages and networking with local and international organizations, including organizations of and for persons with disabilities to generate resources and to maximum utilization of existing resources and for purposes of convergence; Serve as a national working body to promote and monitor implementation of national laws ad international commitments; Assist in the establishment of self-help organization and the setting up of specific projects through the provision of technical and financial assistance to draw out the active participation of persons with disabilities in the social and economic development of the country. (Section 31, RA 7277). Section 3. Composition of the Council. The National Council on Disability Affairs is composed of the Governing Board and its Secretariat. The Governing Board, hereinafter referred to as the Board, shall be headed by a Chairperson coming from a non-government organization with the following members: Department of Social Welfare and Development Department of Health Department of Labor and Employment Department of Education Department of the Interior and Local Government Department of Trade and Industry Department of Public Works and Highways Department of Transportation and Communications Department of Foreign Affairs Department of Justice Philippine Information Agency Technical Education and Skills Development Authority; and Six (6) private individuals including two (2) representatives from NGOs with national network on Persons with Disabilities (PWD), two (2) disabled persons representing legitimate PWD organizations, and two (2) representatives from civic groups and cause-oriented organizations concerned with the welfare of PWDs, all of whom shall be appointed by the President upon the favorable recommendation of the Chairpersons. The heads of the concerned departments and agencies shall as much as possible attend the meetings of the Council. In their absence, department heads shall designate permanent and alternate representatives, preferably with the rank of Undersecretary and Assistant Secretary, respectively, who may attend and participate at meetings of the Board for them.

Section 4. The Chairperson, who shall be appointed by the President, shall be an automatic member of the Board and shall be co-terminous with the President. The Chairperson shall have the following duties and responsibilities: To call and preside over the meetings of the Board and the Executive Committee. To manage and administer the affairs of the Council and the Secretariat. To monitor the implementation of policies approved by the Board. To sign communications for the Board and represent the Board whenever necessary. To solicit and accept, on behalf of the Board, gifts, grants or donations in accordance with government rules, regulations and policies. To execute contracts in the pursuit of the Councils objectives as may be authorized by the Board, in accordance with government rules and regulations. 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 functions and objectives of the agency. The Chairperson shall be the link between the Board and the Secretariat. As such, the Chairpersons not only presides over all board meetings, but is also the chief executive officer over the operating units of the organization. The Chairperson shall have the rank, privileges and emoluments of an Undersecretary. The Chairperson shall be assisted in his/her duties and responsibilities by an Assistant Secretary to be appointed by the President upon the recommendation of the Chairperson. Section 5. The Executive Committee. There wil be an Executive Committee chaired by the Board Chairperson composed of the eight (8) Sub-Committee Chairpersons and one (1) PWD who is a regular member of the Board chosen by the Chairperson. The NCDA Executive Committee will resolve policy issues or program recommendations before presentation to the Board. Section 6. Sub-Committees. The Board shall have the following sub-committees: Sub-Committee on Accessibility on Built Environment and Transportation chaired by the DPWH Sub-Committee on Training, Employment and Livelihood chaired by the DOLE Sub-Committee on Auxiliary Social Services chaired by the DSWD

Sub-Committee on Health chaired by the DOH Sub-Committee on Information, Communications and Technology chaired by the DOTC Sub-Committee on Advocacy chaired by the PIA Sub-Committee on Education chaired by the DepEd Sub-Committee on International Disability Network chaired by the DFA The members of the sub-committees shall be selected by the Sub-Committee Chairperson from among the members of the Board and other experts on their specific areas of concern. The Board may create such other sub-committees and task forces as may be deemed necessary to carry out its functions. Local Government Units (LGUs) are encouraged to create local committees on disability affairs and may designate a coordinator for PWD programs and services. Funds for such purpose may be sourced out by the LGUs concerned from their respective annual appropriations pursuant to Sections 35 and 36 of the Local Government Code. Section 7. The Secretariat. The Board shall have a Secretariat which will provide the machinery to coordinate functions, organized services, monitor policies and plans and evaluate the implementation of programs and services for persons with disabilities as may be required by the Board in the exercise of its functions. It shall be headed by an Executive Director, who shall be appointed by the chairperson upon the favorable recommendation of the Board. The Chairperson shall also appoint the other officer and staff of the Secretariat upon the favorable recommendation of the Board. The man divisions of the Secretariat shall be as follows: Office of the Executive Director Administrative Division Programs Management Division Information, Education and Communication Division Technical Cooperation Division Section 8. Donations. The Council, through the Chairperson or such other official as may be authorized by the Board, shall solicit and accept gifts, grants and donations in accordance with government rules, regulations and policies.

The gifts, grants and donations shall be administered or disbursed by the Council for the purpose for which they were given or in the absence of such, as the Board may determine, in accordance with applicable laws, rules and regulations. Section 9. Appropriations. By virtue of this Executive Order Renaming National Council for the Welfare of Disabled Persons (NCWDP) as National Council on Disability Affairs (NCDA), the appropriations for NCWDP will automatically be considered as funds of NCDA. Section 10. Repealing Clause. All ordinances, rules and regulations, other issuances or parts thereof that are inconsistent with this Executive Order are hereby repealed or modified accordingly. Section 11. Effectivity. This Order shall take effect immediately. DONE in the City of Manila, Philippines, this 26th day of February in the Year of Our Lord, Two Thousand Eight. By the President: EDUARDO R. ERMITA Executive Secretary

Executive Order No. 676 EXECUTIVE ORDER NO. 676 TRANSFERRING THE NATIONAL COUNCIL FOR THE WELFARE OF DISABLED PERSONS (NCWDP) FROM THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD) TO THE OFFICE OF THE PRESIDENT WHEREAS, the National Council for the Welfare of Disabled Persons (NCWDP) is the national government agency mandated to formulate policies and coordinate the activities of all agencies, whether public or private, concerning disability issues and concerns. As such, the NCWDP is the lead agency tasked to steer the course of program development for persons with disabilities and the delivery of services to the sector. WHEREAS, through the recommendation of Philippine non-government organizations (NGOs) concerned with intellectual disabilities, the Office of the President recognizes that there is a need to further strengthen the government programs for the welfare of disabled Filipinos; WHEREAS, in order to closely monitor and oversee the efficient and effective implementation of the Governments commitment in the special programs for persons with intellectual disabilities, there is a need to transfer the NCWDP from the DSWD to the Office of the President;

WHEREAS, under Section 31, Chapter 10, Title III, Book III of the Administrative Code of 1987, the President has the continuing authority to reorganize the administrative structure of the Office of the President; NOW, THEREFORE I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law and the Constitution, do hereby order: SECTION 1. Transfer The National Council for the Welfare of Disabled Persons (NCWDP) is hereby transferred from the Department of Social Welfare and Development to the Office of the President. SECTION 2. Appointments A representative from the private sector shall be designated as chair of the NCWDP. SECTION 3. Oversight The Secretary of Social Welfare and Development shall continue to oversee the NCWDP in behalf of the President of the Philippines. SECTION 4. Repealing Clause All executive issuances, rules and regulations or parts thereof which are inconsistent with this Executive Order are hereby revoked, amended, or modified accordingly. SECTION 5. Effectivity This Executive Order shall take effect immediately. City of Manila, October 25, 2007 (SGD.) GLORIA MACAPAGAL-ARROYO By the President (SGD.) HON. EDUARDO R. ERMITA Executive Secretary

Executive Order No. 232 Providing For The Structural And Functional Reorganization Of The National Council For The Welfare Of Disabled Persons And For Other Purposes OFFICE OF THE PRESIDENT OF THE PHILIPPINES Malacaang Palace, Manila EXECUTIVE ORDER No. 232 PROVIDING FOR THE STRUCTURAL AND FUNCTIONAL REORGANIZATION OF THE NATIONAL COUNCIL FOR THE WELFARE OF DISABLED PERSONS AND FOR OTHER PURPOSES WHEREAS, the national government recognizes its responsibility to provide disabled persons 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 disabilities;

WHEREAS, the national government is also cognizant to the limitations of the existing system for delivery of services to persons with disabilities and the need to extend the ranges of disability prevention and rehabilitation services; WHEREAS, there is an increasing awareness in the government and private sector on the problems of disability and of their joint responsibility to be involved in the national effort to seek solutions to the problems; WHEREAS, the, national leadership notes, with great concern that in the pursuit of this responsibility, there has been proliferation of activities and programs for the welfare of persons with disabilities 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; WHEREAS, the National Commission Concerning Disabled Persons was created on 11 June 1978 by virtue of Presidential Decree No. 1509 as amended; WHEREAS, the National Commission Concerning Disabled Persons was replaced by the National Council for the Welfare of Disabled Persons by virtue of Executive Order No. 123 dated 30 January 1987; WHEREAS, the structure and functional reorganization of the National Council for the Welfare of Disabled Persons is deemed necessary for effective and efficient delivery of services to persons with disabilities; WHEREAS, the structure and functional reorganization of the National Council for the Welfare of Disabled Persons is deemed necessary for effective and efficient delivery of services to persons with disabilities; NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Republic of the Philippines, by virtue of the power vested in me by the souvereign will of the Filipino people and the Constitution, do hereby order: SECTION 1. Title. This Executive Order shall otherwise be known as the Reorganization Act of the former National Commission Concerning Disabled Persons (NCCDP) now known as the National Council for the Welfare of Disabled Persons (NCWDP) as provided for under Executive Order No. 123 and attached to the Department of Social Welfare and Development. SECTION 2. Declaration of Policy. The States paramount concern for the welfare of the disabled persons as embodied in several provisions of the 1987 Constitution of the Philippines is hereby affirmed. SECTION 3. Objectives of the Council. The National Council for the Welfare of Disabled Persons hereinafter referred to as the Council shall have the following objectives: 1. To develop an integrated and comprehensive long-term National Plan for the prevention of disabilities, rehabilitation, full participation and equalization of opportunities of disabled persons. 3. To provide and maintain necessary steps to ensure the rights and benefits of disabled persons at all levels to achieve fuller participation and equalization of opportunities. 4. To advocate new policies and legislations or amendments relating to disability prevention, rehabilitation, full participation and equaliation of opportunities.

5. To act as a consultative forum, advisory and coordinating body to rationalize the functions and activities of agencies involved in disability prevention, rehabilitation, full participation and equalization of opportunities of disabled persons. 6. To establish, maintain and expand contact with national and international organizations concerned with persons with disabilities, and to keep abreast with international standards and the latest developments in disability prevention, rehabilitation and equalization of opportunities. 7. To raise the level of public awareness on disability provention, rehabilitation, full participation and equalization of opportunities of disabled persons through systematic information program. 8. To develop and maintain a data banking and referral system on disability prevention, rehabilitation, full participation and equalization of opportunities. SECTION 4. Powers and Functions of the Council. The Council shall have the following powers and functions: 1. Formulate policies on disability prevention and rehabilitation for the welfare of disabled persons. 2. Formulate research and development policies on health, education, labor and social welfare of disabled persons. 3. Undertake continuing researches and related studies on various topics pertaining to disability prevention, rehabilitation and equalization of opportunities for persons with disabilities. 4. Formulate integrated and comprehensive long and medium term national plans on the welfare of disabled persons. 5. Establish and maintain linkages and networking with local and international organizations, including organizations of and for disabled persons. 6. Conduct program evaluation and monitoring, consultative meetings and symposia on issues related to disability prevention and rehabilitation. 7. Propose legislation and initiate advocacy programs for the welfare of disabled persons. 8. Develop a broad public information and dissemination program on disability prevention, rehabilitation, full participation and equalization of opportunities. 9. Submit periodic reports to the DSWD Secretary on the activities of the Council. 10. Establish and maintain a data bank and referral system on disability prevention, rehabilitation, full participafion and equalization of opportunities. SECTION 5. Composition of the Council. The NCWDP is headed by a governing Board, the members of which are heads, or representatives of governmental and non- govemmental organizations, and of disabled persons as well as civic and cause oriented organizations. The Board shall be composed of the following members or their duly designated representatives: Government Offices

Department of Social Welfare and Development Chairman Department of Health Member Department of Labor and Employment Member Department of Education, Culture and Sports Member Department of National Defense Member Department of Agriculture Member National Economic and Development Authority Member Department of Environment and Natural Resources Member Department of Interior and Local Government Member Department of Trade and Industry Member Department of Public Works and Highways Member Department of Transportation and Communications Member Department of Justice Member Non-Government Offices Veterans Federation of the Philippines Member Philippine Foundation for the Rehabilitation of Disabled, Inc. Member Private Representatives Two (2) disabled persons and one (1) each from the civic group and a cause oriented organization, all of whom shall be appointed by the President upon the recommendation of the Chairman for a three (3) year term. SECTION 6. The Chairman. The Chairman of the Board shall have the following duties: To call and preside over the meeting of the Board. To manage and administer the affairs of the Council. To insure that the decisions and policies of the Board are implemented. To sign and reprsent the Council. To accept on behalf of the Council, gifts, grants or donations and to administer and disburse the same with the approval of the Board in accordance with government rules, regulations and policies. To enter into and execute such contracts as may be deemed necessary in the pursuit of the Councils objectives, subject to the approval of the Board and in accordance with government rules, regulations and policies. 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 Council. SECTION 7. Meetings. The Board shall meet every month or often at the call of the Chairman. Eleven (11) members of the Board shall constitute a quorum. However, when a decision is made by such quorum, it must carry the unanimous vote of all eleven members to be valid. Members of the Board shall receive no compensation, but shall be entitled to honorarium and other allowances as resolved by the Board and authorized by the Department of Budget and Management. SECTION 8. The Secretariat. The Council shall have a Secretariat which will provide the machinery to coordinate functions, organize services and evaluate programs as may be required by the Board in the exercise of its functions. It shall be headed by an Executive Director to be assisted by a Deputy Executive Director, both of whom shall be appointed by the President. The main divisions of the Secretariat shall be as follows:

Office of the Executive Director Administrative Division Programs Management Division Information, Education and Communication Division Technical Cooperation Center SECTION 9. The Executive Committee.There shall be created an Executive Committee to assist the Board. The Executive Committee shall be chaired by the Undersecretary of DSWD for attached agencies and shall be composed of nine (9) members to be chosen by the Chairman. SECTION 10. Other Committees.The Board shall create committees as may be deemed necessary to carry out the functions of the Council. SECTION 11. Appropriations. Funds needed to carry out the provisions of this Executive Order shall be taken from the funds available to the NCCDP. Thereafter, budget as shall be needed for the continued operation of the Council shall be regularly included in subsequent annual general appropriations act. SECTION 12. Donations. The Council -shall be authorized to receive grants, donations, contributions or gifts which will be administered or disbursed for the purpose of which they were given or in the absence of such, as the Board may determine. In both cases, govennnent rules and regulations shall apply. SECTION 13. Repealing Clause. All laws, ordinances, rules and regulations, other issuances or parts thereof which are inconsistent with this Executive Order are hereby repealed or modified awordingly. SECTION 14. Effectivity. This Executive Order shall take effect immediately. APPROVED in the City of Manila, Philippines, this 22nd day of July, in the year of Our Lord, Nineteen Hundred and Eighty Seven. (SGD.) CORAZON C. AQUINO By the President: (SGD.)JOKER R. ARROYO Executive Secretary

Executive Order No. 123 Reorganizing the Ministry of Social Services and Development now referred to as Ministry of Social Welfare and Development OFFICE OF THE PRESIDENT OF THE PHILIPPINES Malacaang Palace, Manila EXECUTIVE ORDER NO. 123 REORGANIZING THE MINISTRY OF SOCIAL SERVICES AND DEVELOPMENT NOW REFERRED TO AS MINISTRY OF SOCIAL WELFARE AND DEVELOPMENT RECALLING that the reorganization of the government is mandated expressly in Article II, Section 1 (a), and Articles III of the Freedom Constitution;

HAVING IN MIND that, pursuant to Executive Order No. 5 (1986) it is directed that necessary and proper changes in the organizational and functional structures of the government, its agencies and instrumentalities effected in order to promote efficiency and effectiveness in the delivery of public services; CONSIDERING that the right to welfare is a basic right which is enshrined in the Constitution; BELIEVING that welfare encompasses a range of services which addresses the needs of the extremely disadvantaged individual, family, group and community in a holistic manner; BELIEVING, that the desired scheme is for welfare and development to be a shared concern between the State and its people; NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the sovereign will of the Filipino people and the Freedom Constitution, do hereby order: SECTION 1. TITLE. This Executive Order shall otherwise be known as the Reorganization Act of the Ministry of Social Services and Development. SECTION 2. REORGANIZATION. The Ministry of Social Services and Development, hereby renamed the Ministry of Social Welfare and Development and hereinafter referred to as Ministry, is hereby reorganized, structurally and functionally, in accordance with the provisions of this Executive Order. SECTION 3. DECLARATION OF POLICY. The State is committed to the care, protection, and rehabilitation of that segment of the countrys population (individual, family and community) which has the least in life and needs socially welfare assistance and social work intervention to restore their normal fuctioning and participation in community affairs. SECTION 4. MANDATE. The agency vested with the responsibility for the implementation of the foregoing policy is the Ministry. Its fundamental strategy shall be to provide a balanced approach to welfare whereby the needs and interests of the population are addressed not only at the outbreak of crisis but more importantly at the stage which would inexorably lead to such crisis. Following such strategy, the Ministrys objectives shall be to: (a) Care, protect and rehabilitate the physically and menatally handicapped and the socially disabled constituents, for effective social functions; (b) Provide and integrated welfare package to its contituents on the basis of their needs and coordinate the service facilities required from such ministries/agencies, governmental and nongovernmental, which can best provide them; (c) Arrest the further deterioration of the socially disabling or dehumanizing conditions of the disadvantaged segment of the population at the community level; (d) Advocate for policies and measures addressing social welafer concerns. SECTION 5. POWERS AND FUNCTIONS.To accomplish its mandate and objectives, the Ministry shall have the following powers and functions: (a) Formulate, develop and implement plans, programs and projects in the field of social welafer and deve lopment;

(b) Adopt policies to ensure effective implementation of programs for public and private social welfare services; (c) Promote, support and coordinate the establishment, expansion and maintenance of non-governmental social welfare facilities, projects and services; (d) Establish, operate, maintain and otherwise support institutional facilities, projects and services for its constituents; (e) Promote, build and strengthen peoples organization for a sel-directing welfare system at the grassroots level; (f) Promote, support and coordinate networks and facilities for the identification and delivery of appropriate interventions to its welafer constituents; (g) Accredit institutions and organizations engaged in social welfare activities and provide consultative and information services to them; (h) Undertake researches and studies on matters pertaining to its constituency; (i) Initiate, promote and maintain bilateral and multilateral linkages for technical coopartion, in coordination with the Ministry of Foreign Affairs; (j) Provide advisory services and develop and implement training standards and programs for personnel, social workers and students and third-country participants for career and staff development in social welfare activities; (k) Disseminate information and publish technical bulletins on social welfare and development; (l) Deputize law enforcement agencies to assist in the implementation of laws, rules and regulation for the protection of the rights of the exploited, abused and disadvantaged; (m) Regulate fund drives, public solicitations and donations for charitable/welfare purposes; (n) Set standards accredit and monitor performance of all social welfare activities in both public and private sectors; (0) Deputize local government and other agencies of government as are necessary in providing disaster relief; (p) Coordinate all activities pertaining to the implementation of programs and services for the disabled, the aging and other socially disadvantaged. SECTION 6. Minister of Social Welfare and Development.The authority and the responsibility for the exercise of the mandate of the Ministry and for the discharge of its powers and functions shall be vested in the Minister of Social Welfare and Development, hereinafter referred to as Minister, who shall have supervision and control over the Ministry and shall be appointed by the President. SECTION 7. Organizational Structure.The Ministry, aside from the Ministry Proper comprising the Office of the Minister, the Offices of the Deputy Ministers and Assistant Ministers and the Services, shall consist of the Bureaus, Regional Offices, Provincial/City Offices and Municipal/District Offices

SECTION 8. Office of the Minister. The Office of the Ministers shall consist of the Minister, and Ministers immediate staff, and the Public Affairs and Liaison Service. SECTION 9. Deputy Ministers. The Minister shall be assisted by two (2) Deputy Ministers, at least one of whom must belong to the career executive service who shall be appointed by the President upon the recommendation of the Minister. One Deputy Minister shall supervise internal operations while the other Deputy Minister shall handle the liaison between the Minister and the attached agencies of the Ministry. SECTION 10. Assistant Ministers.The Minister shall also be assisted by three (3) career Assistant Ministers who shall be appointed by the President upon the recommendation of the Minister, and who shall perform the following, respectively: (a) Supervise the Personnel Development Service; Administrative Service and Financial Service; (b) Supervise the Bureau of Child and Youth Welfare; Bureau of Womens Welfare; Bureau of Family Community Welfare; Bureau of Emergency Assistance; and Bureau of Disabled Persons Welfare; (c) Supervise the Planning and Monitoring Service and the Legal Service, and assist the Deputy Minister and the Minister in matters pertaining to regional/field operations. SECTION 11. Services of the Ministry.The Minister shall also be assisted by three (3) career Assistant Ministers who shall be appointed by the President upon the recommendation of the Minister, and who shall perform the following, respectively: (a) The Personnel Development Service shall provide the Ministry With services relating to manpower, career planning and development, personnel transactions, and employee welfare;; (b) The Financial Service sball provide the Ministry with services relating to budget, collection disbursement, and other financial matters; (c) The Administrative Service, slialil provide service the Ministry witb relating to records, correspondence and equipment, supplies, property security and general services; (d) The Planning and Monitoring Service shall provide technical services to the Ministry in the areas or overall policy formulation, strategic and operational planning, management systems/procedures, and the evaluation and monitoring of Ministry programs, projects and internal operations (e) The Legal Service shall provide the Ministry with services on legal matters, especially on proposed legislations; The Public Affairs and Liaison Service in the Office of the Minister shall provide services along public information, publications and the coordination and mobilization of volunteers, non-governmental organizations and cause-oriented groups in partnership with the Ministry of Social Welfare, programs, projects and activities. Each of the Services shall be headed by a Staff Director and may have divisions whenever necessary for the performance of its functions. SECTION 12. Staff Bureaus. The staff bureaus listed in Section 10 (b) hereof shall be essentially staff in character and as such shall exercise technical supervision over the Regional Offices, shall be primarily involved in the development of policies and programs within their respective functional specializations and shall formulate and develop related policies, guidelines and standards necessary in guiding the Regional Offices in the proper implementation of such policies and programs.

Each of the staff bureaus shall have the following functions: (a) Formulate programs, policies, rules, regulations and standards relative to the implementation of their respective functional specialization; (b) Initiate and administer pilot or special projects for demonstrations of the corresponding policies, programs, services, strategies, methods, procedures and guidelines prior to nationwide implementation; (c) Audit, evaluate, and provide technical assistance and consultative services to operat4,ng units and field offices and local government welfare departments on program implementation; (d) Develop standards and assess agencies for licensing and accreditation; (e) Review/applications for regulatory purposes including tax exemptions for foreigh donations; (f) Provide advisory services to non-governmental agencies implementing programs and services for welfare development; (g) Formulate substantive content and assist in the orientation and training on the bureaus programs, services, strategies, procedures, methods and guidelines; (h) Develop indigenous literature and other media materials for clients, volunteers and other audiences; (i) Promote and develop a system of networking and coordination with relevant welfare councils; (j) Undertake studies and action researches on matters pertaining to client welfare and development and propose relevant policies and amendments for legislation; (k) Maintain linkages relative to welfare programs/projects for national, regional and international cooperation. SECTION 13. Areas of Specialization. The substantive/functional areas of specialization of the staff bureaus shall be: (a) Bureau of Emergency Assistance relief and rehabilitation of victims of natural calamities and social disorganization and of cultural communities and other distressed and displaced persons; (b) Bureau of Family and Community Welfare assistance to socially advantaged families and communities including family planning, planning outreach programs to develop their capability in defining needs and formulating solutions as well as setting up viable community structures which bring about desired social changes; (c) Bureau of Disabled Persons Welfare disability prevention and rehabilitation of the physically, mentally and socially disabled persons; (d) Bureau of Womens Welfare promoting Womens welfare, with specific attention to the prevention or eradication of exploitations of women in any form, such as but not limited to prostitution and illegal recruitment; as well as the promotion of skills for employment and self- actualization; (e) Bureau of Child and Youth Welfare care and protection of abandoned, neglected, abused or exploited children and youth, delinquents, offenders, the disturbed, street children, victims of prostitution and others, for their social adjustment and economic self-sufficiency.

SECTION 14. Regional Office.The Ministry is hereby authorized to establish, operate and maintain a Regional Office in each of the administrative regions of the country. A Regional Office shall have the folowing functions: (a) Provide within the region efficient and effective services to its constituents; and for such purposes, establish, operate, promote and support, at the minimum, the following welfare facilities: Vocational Rehabilitation and Special Eduaction Center for the Handicapped; Reception and Study Center; Rehabilitation Center for Youth Offenders; Day Care centers; (b) Ensure the implementation of laws, policies, programs, rules and regulations, regarding social welfare and development within the region; (c) Secure effective coordination with other ministries, agencies, institutions and organizations, specially local government units within the region; (d) Conduct continuing studies and planning, to improve its services to its constituents. SECTION 15. Welfare Facilities. The Regional Offices are hereby authorize to establish, operate, and maintain the following, insofar as necessary and authorized by the Minister: (a) Other Vocational Rehabilitation and Special Education Centers for the Handicapped; (b) Street Children Centers; (c) Centers for Youth with Special Needs; (d) Other Centers for Youth Offenders; (e) Home for the Aged; (f) Home for Unwed Mothers; (g) Drug Abuse Centers; (h) Other Reception and Study Centers; (i) Such other facilities as may be necessary to assist the socially disadvantaged. SECTION 16. Regional Directors. The Regional Office sball be headed by a Regional Director who shall be responsible for efficiently and effectively carrying out its functions. Towards this end, and in line witb the policy of decentralization, the Regional Director shall be vested with the authority to exercise functional and administrative supervision over Ministry provincial operations as delegated by the Minister including the authority to contribute resources and personnel to integrated region and provide-wide development thrusts. The Regional Director shall be assisted by two (2) Assistant Regional Directors, one for programs and one for administration.

SECTION 17. Provincial/City Office.The Ministry is hereby authorized to establish, operate and maintain a Provincial/City Office throughout the country with jurisdiction over all municipalities/districts within the province, The Provincial/City Office shall have the following functions: (a) Formulate and coordinate the implementation of operational, field-level plans/programs of the Ministry; (b) Provide specialized services and comprehensive assistance to other ministry/agency units whenever necessary; (c) Secure all pertinent feedback and information from field units as well as appropriate ministry/agericy units, particularly local government units, and communicate the same regularly to the Regional Office; (d) Establish and maintain a vocational rehabilitation and special education program for the handicapped in the form and magnitude appropriate for the needs of the province.. SECTION 18. Provincial/City Social Welfare Officer. The Provincial/City Office shall be headed by a Provincial/City Social Welfare Officer who shall be accountable for the efficient and effective performance of its functions and implementation of programs of the Ministry, within the province. The Provincial/City Social Welfare Officer shall exercise functional administrative supervision over field operations of the Ministry, including the authority to recommend that field resources and personnel be contributed to integrated, municipality-wide development efforts. SECTION 19. Municipal/District Office. The Miinistry is hereby authorized to establish, operate and maintain a Municipal/District Office to service a municipality/city district, which shall be headed by the Supervising Social Welfare Officer and shall be primarily responsible for the efficient and effective implementation of the Ministrys field programs in the municipality or city, under supervision of the Provincial/City Office. SECTION 20. Social Welfare Services by Others. Social welfare services by the Ministry shall be without prejudice to similar efforts by any local government unit or private agency, institution or group. All Ministry units shall actively promote and extend maximum assistance, including the provision of counterpart or supplementary funds and resources, upon approval by the Minister, to such efforts. SECTION 21. Attached Agencies. The following are hereby attached to the Ministry: (a) Population Commision which shall continue as the population planning and coordinating agency; (b) National Council for the Welfare of Disabled Persons (formerly the National Commission Concerning Disabled Persons), which shall serve as a consultative forum and advisory board to the Ministry on all matters pertaining to the welfare of the physically, mentally and socially disabled. The governing boards and secretaries of the foregoing attached agencies shall be reorganized accordingly within one hundred twenty (120) days from the approval of this Executive Order. Personnel, who are separated from the service, as a result of such reorganization, shall be entitled to the benefits provided in the second paragraph of Section 23 hereof. SECTION 22. Abolitions and Transfers. Compliance with the following is hereby prescribed: (a) The National Commission Concerning Disabled Persons is hereby replaced by the National Council for the Welfare of Disabled Persons;

(b) The National Executive Committee for the Aging in the Philippines is hereby abolished and its functions transferred to the Ministry; (c) The Home Economics Division of the Bureau of Agricultural Extension of the Ministry of Agriculture and Food is hereby transferred to the Bureau of Womens Welfare of the Ministry, together with its functions appropriations, funds, records, equipment, facilities and other assets, as well as the personnel thereof, as may be necessary, who shall, in a hold-over capacity, continue to perform their respective duties and responsibilities, and receive the corresponding salaries and benefits unless in the meantime they are separated from the service pursuant to Executive Order No. 17 (1986) or Article III of the Freedom Constitution. Incumbents of the transferred division whose positions are not included in the new position structure and staffing pattern approved and prescribed by the Minister under the following Section 23 or who are not reappointed, shall be deemed separated from the service and shall be entitled to the benefits provided in the second paragraph of the same Section 23. In the foregoing subsections (a) and (b), the transfer of functions includes such appropriations, funds, records, equipment, facilities, other assets and personnel as, may be necessary to the proper performance of the transferred functions. The remaining appropriations and funds shall revert to the General Fund and the remaining records, equipment, facilities and other assets shall be allocated to such appropriate units as the Minister shall determine or otherwise dispose of, in accordance with the Government Auditing Code and other pertinent laws, rules and regulations. The liabilities, if any, of the abolished agencies shall, likewise be treated in accordance with the Government Auditing Code and other pertinent laws, rules and regulations. Incumbents shall, in a hold-over capacity, continue to perform their respective duties and responsibilities and receive the corresponding salaries and benefits unless in the meantime they are separated from the service pursuant to Executive Order No. 17 (1986) or-Article III of the Freedom Constitution, Incumbents, whose positions are not included in tho new position structure and staffing pattern approved and prescribed by the Minister for the Agency or Ministry to which the functions have been transferred as the case may be or who are not reappointed shall be entitled to the benefits provided in the second paragraph of the ollowing SECTION 23. New Structure and Pattern. Upon approval of this Executive Order, the officers (the term officer as used in the Executive Order is intended to be within the meaning of the term official as used in the Freedom Constitution and the succeeding Constitution) and employees of the Ministry shall, in a hold-over capacity, continue to perform their respective duties and responsibilities and receive the corresponding salaries and benefits unless in the meantime they are separated from the service pursuant to Executive Order No. 17 (1986) or Article III of the Freedom Constitution. The new position structure and staffing pattern, shall be approved and prescribed by the Minister, for the Ministry, within one hundred twenty (120) days from the approval of this Executive Order and the authorized positions created thereunder shall be filled with regular appointments by the Minister or by the President as the case may be. Those incumbents whose positions are not included therein or who are not reappointed shall be deemed separated from the service. Those separated from the service shall receive the retirement benefits to which they may be entitled under existing laws, rules and regulations. Otherwise, they shall be paid the equivalent of one month basic salary for every year of service, or the equivalent nearest fraction thereof favorable to them on the basis of highest salary received, but in no case shall such payment exceed the equivalent of 12 months salary. No court or administrative body shall issue any writ of preliminary injunction or restraining order to enjoin the separation/replacement of any officer or employee effected under this Executive Order.

SECTION 24. Periodic Performance Evaluation.The Ministry is hereby required to formulate and enforce a system of measuring and evaluating periodically and objectively the performance of the Ministry and submit the same annually to the President. SECTION 25. Prohibition Against Change. No change in the reorganization herein prescribed shall be valid except opun prior approval of the President, for the porpose of promoting efficiency and effectiveness in the delivery of public service. SECTION 26. Implementing Authority of Minister. The Minister shall issue such rules, regulations and other issuances as may be necessary to ensure the effective implementation of the provisions of this Executive Order. SECTION 27. Notice of Consent Requirement. If any reorganizational change herein authorized, is of such substance or materiality as to prejudice third persons with rights recognized by law or contract such that notice to or consent of creditors is required to be made or obtained pursuant to any agreement entered into with any of such creditors, such notice or consent requirements shall be complied with prior to the implementation of such reorganizational change. SECTION 28. Funding. Funds needed to carry out the provisions of this Executive Order shall be taken from funds available in the Ministry SECTION 29. Change of Nomenclature. In the event of the adoption of the a new Constitution which provides for a presidential form of government, the Ministry shall be called Department of Social Welfare and Development and the titles of Minister, Deputy Minister, and Assistant Minister shall be changed to Secretary, Undersecretary and Assistdnt Secretary, respectively. SECTION 30. Separability. Any portion or provision of this Executive Order that may be declared unconstitutional shall not have the effect of nullifying other portions or provisions hereof as long as such remaining portions or provisions can still subsist and be given effect their entirety. SECTION 31. Repealing Clause. All laws, ordinances, regulations, and other issuances or part thereof, which are inconsistent the Executive Order, are hereby repealed or modified accordingly. SECTION 32. Effectivity. This Executive Order shall take effect immediately upon its approval. APPROVED in the city of Manila, Philippines, this 30th day of January, in the Year of iof Our Lord, Nineteen Hundred and Eighty Seven. (SGD.) CORAZON C. AQUINO By the President: (SGD.) JOKER P ARROYO Executive Secretary

Presidential Decree 1509 OFFICE OF THE PRESIDENT OF THE PHILIPPINES Malacaang Palace, Manila

PRESIDENTIAL DECREE NO. 1509 CREATING THE NATIONAL COMMISSION CONCERNING DISABLED PERSONS AND FOR OTHER PURPOSES WHEREAS, the national government recognizes 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; 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; WHEREAS, there is an increasing awareness of 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 problem; 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; 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 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. 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: 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 of May 6, 1975, particularly the following portion: 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 for an essential part of comprehensive plans for economic and social development, responsibility for which much 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 of the Commission.- The Commission shal have the following objectives:

a. To prepare and adopt an integrated and comprehensive long-term National Rehabilitation Plan, which will ensure 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 maybe created for this purpose; b. To insure that all programs and services for the welfare of the handicapped are universal and accessible to all segments of society; c. To conduct comprehensive and continuing studies on rehabilitation services on the problems and causes of disability, covering all major areas of concern social, medical, education and vocational and to make corresponding recommendations on the basis of its findings; d. To propose new policies and new legislation, or amendments to existing ones, that will ensure the attainment of its objectives; 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; f. To establish, maintain and expand contacts 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; g. To act as a national consultative and advisory body to the President on matters within its competence; h. To ensure the fullest participation and involvement of handicapped persons in the rehabilitation process; and i. To educate and reorient the general public in its attitude and thinking in regard to the disabled. SECTION 4. Powers and Functions of the Commission. a. To monitor and evaluate all projects, programs and activities pertaining to the welfare of the handicapped and to take appropriate steps to ensure that they comply with established priorities, standards and guidelines; b. To undertake continuing research studies or surveys on various topics pertaining to the rehabilitation of the handicapped; c. To conduct public hearings, conferences, or meetings on any issues related to its areas of responsibility, as it deems appropriate d. To maintain continuing educational, training and information programs to promote its objectives; 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; f. To prepare periodic reports to the President on the status of its activities;

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; h. To supervise in coordination with line agencies, pilot demonstration projects and programs; and i. To establish standards and guidelines in the organization and management of rehabilitation facilities and programs; j. To encourage the setting up of an office to disseminate information and relevant materials; 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; l. To encourage the setting up of a Central Reference Office for disabled clients in need of assistance and to establish linkage 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; 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 of Legal Affairs h. President of the Philippine Foundation for the Rehabilitation of Disabled, Inc. i. President of Veterans Federation of the Philippines j. Two (2) disabled persons to be selected by the Commission k. Three (3) representatives from the private sector as members. SECTION 6. Duties of the Chairman. The Chairman shall perform the following duties; a. To call and preside over the meetings of the Board; b. To disburse, administer and obligate funds of the Commission, subject to the aproval of the Board; c. To conduct and manage the affairs of the Commission; d. To ensure that the decision and policies of the Board are implemented;

e. To sign for and represent the Commission; 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; g. To organize permanent or ad-hoc committee, consisting of members of the Board or such other experts as are deemed necessary for the discharge of the functions of the Commission. 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 for the Commission. The PFRD will be reimbursed for the actual cost of services performed for the Commission, upon certification of 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 quorum, it must carry the unanimous vote of all five members to be valid. 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 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 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 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: a. DISABILITY. The lack of or impairment of a physical or mental development of function of an individual resulting from diseases, illness, accident, or social trauma, occuring pre- nataly or acquired post-nataly, 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 the cumulative effect of obstacles which the disadvantage interpose between the individual and his maximum functional level.

c. REHABILITATION. The restoration of the disabled or handicapped to the fullest physical, mental, social, and economic usefulness of which he is incapable within the limitation of the disability of the 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. (SGD.) FERDINAND E. MARCOS President of the Philippines By the President: (SGD.) JUAN C. TUVERA Presidential Assistant

Executive Order No. 437 MALACAANG, Manila BY THE PRESIDENT OF THE PHILIPPINES EXECUTIVE ORDER NO. 437 ENCOURAGING THE IMPLEMENTATION OF COMMUNITY-BASED REHABILITATION (CBR) FOR PERSONS WITH DISABILITIES IN THE PHILIPPINES WHEREAS, Section 11, Article XIII, of the 1987 Constitution, declares that the State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. There shall be priority for the needs of the under-privileged sick, elderly, disabled, women and children. The State shall endeavor to provide free medical care to paupers; WHEREAS, Republic Act No. 7277, otherwise known as the Magna Carta for Drabled Persons, expressly provides that people with disabilities shall be given rehabilitation, opportunities for self-development and self-reliance to prepare them for full integration into the mainstream of society; WHEREAS, Republic Act No. 8425, otherwise known as the Social Reform Act Provides for the povertyalleviation of the basic sectors, including persons with disabilities; WHEREAS, the Biwako Millenium Framework which promotes a righ-based, barrier-free and inclusive society for persons with disabilities is supported by Proclamation No. 240 Declaring the period 20032012 as the Philippine Decade of Persons with Disabilities;

WHEREAS, Republic Act No. 7160 known as the Local Government Code of 1991 mandates the devolution of services to the local government units (LGUs); WHEREAS, there is a need at the community level for an effective approach in providing comprehensive rehabilitation services and in promoting the rights and empowerment of person with disabilities; WHEREAS, the Community-Based approach has been successfully demonstrated as an appropriate way of providing comprehensive rehabilitation services to person with disabilities nationwide. NOW, THEREFORE, I GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order: SECTION 1. All Local Government Units (LGU) are hereby encouraged to: Adopt the Community-Based Rehabilitation (CBR) Program in delivering services to their constituents with disabilities and to allocate funds to support the program. Designate a unit under the office of the local executive to be responsible for the implementation of the Community-Based Rehabilitation program in accordance with the police and implementing guidelines set by the National Council for the Welfare of Disabled Persons to include the promotion and capability building of SECTION 2. The concerned national government agencies shall provide support to LGUs for the effective and sustained implementation of CBR. SECTION 3. All orders, issuances, rules and regulations or any part thereof which are inconsistent with the provisions of this Executive Order are hereby repealed or modified accordingly. SECTION 4. This Executive Order shall take effect immediately. DONE in the City of Manila on this 21st day of June in the year of Our Lord Two Thousand and Five. (Sgd.) GLORIA MACAPAGAL ARROYO By the President: (Sgd.) EDUARDO R. ERMITA Executive Secretary

Executive Order No. 232 Providing For The Structural And Functional Reorganization Of The National Council For The Welfare Of Disabled Persons And For Other Purposes OFFICE OF THE PRESIDENT OF THE PHILIPPINES Malacaang Palace, Manila EXECUTIVE ORDER No. 232 PROVIDING FOR THE STRUCTURAL AND FUNCTIONAL REORGANIZATION OF THE NATIONAL COUNCIL FOR THE WELFARE OF DISABLED PERSONS AND FOR OTHER PURPOSES

WHEREAS, the national government recognizes its responsibility to provide disabled persons 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 disabilities; WHEREAS, the national government is also cognizant to the limitations of the existing system for delivery of services to persons with disabilities and the need to extend the ranges of disability prevention and rehabilitation services; WHEREAS, there is an increasing awareness in the government and private sector on the problems of disability and of their joint responsibility to be involved in the national effort to seek solutions to the problems; WHEREAS, the, national leadership notes, with great concern that in the pursuit of this responsibility, there has been proliferation of activities and programs for the welfare of persons with disabilities 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; WHEREAS, the National Commission Concerning Disabled Persons was created on 11 June 1978 by virtue of Presidential Decree No. 1509 as amended; WHEREAS, the National Commission Concerning Disabled Persons was replaced by the National Council for the Welfare of Disabled Persons by virtue of Executive Order No. 123 dated 30 January 1987; WHEREAS, the structure and functional reorganization of the National Council for the Welfare of Disabled Persons is deemed necessary for effective and efficient delivery of services to persons with disabilities; WHEREAS, the structure and functional reorganization of the National Council for the Welfare of Disabled Persons is deemed necessary for effective and efficient delivery of services to persons with disabilities; NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Republic of the Philippines, by virtue of the power vested in me by the souvereign will of the Filipino people and the Constitution, do hereby order: SECTION 1. Title. This Executive Order shall otherwise be known as the Reorganization Act of the former National Commission Concerning Disabled Persons (NCCDP) now known as the National Council for the Welfare of Disabled Persons (NCWDP) as provided for under Executive Order No. 123 and attached to the Department of Social Welfare and Development. SECTION 2. Declaration of Policy. The States paramount concern for the welfare of the disabled persons as embodied in several provisions of the 1987 Constitution of the Philippines is hereby affirmed. SECTION 3. Objectives of the Council. The National Council for the Welfare of Disabled Persons hereinafter referred to as the Council shall have the following objectives: 1. To develop an integrated and comprehensive long-term National Plan for the prevention of disabilities, rehabilitation, full participation and equalization of opportunities of disabled persons. 3. To provide and maintain necessary steps to ensure the rights and benefits of disabled persons at all levels to achieve fuller participation and equalization of opportunities.

4. To advocate new policies and legislations or amendments relating to disability prevention, rehabilitation, full participation and equaliation of opportunities. 5. To act as a consultative forum, advisory and coordinating body to rationalize the functions and activities of agencies involved in disability prevention, rehabilitation, full participation and equalization of opportunities of disabled persons. 6. To establish, maintain and expand contact with national and international organizations concerned with persons with disabilities, and to keep abreast with international standards and the latest developments in disability prevention, rehabilitation and equalization of opportunities. 7. To raise the level of public awareness on disability provention, rehabilitation, full participation and equalization of opportunities of disabled persons through systematic information program. 8. To develop and maintain a data banking and referral system on disability prevention, rehabilitation, full participation and equalization of opportunities. SECTION 4. Powers and Functions of the Council. The Council shall have the following powers and functions: 1. Formulate policies on disability prevention and rehabilitation for the welfare of disabled persons. 2. Formulate research and development policies on health, education, labor and social welfare of disabled persons. 3. Undertake continuing researches and related studies on various topics pertaining to disability prevention, rehabilitation and equalization of opportunities for persons with disabilities. 4. Formulate integrated and comprehensive long and medium term national plans on the welfare of disabled persons. 5. Establish and maintain linkages and networking with local and international organizations, including organizations of and for disabled persons. 6. Conduct program evaluation and monitoring, consultative meetings and symposia on issues related to disability prevention and rehabilitation. 7. Propose legislation and initiate advocacy programs for the welfare of disabled persons. 8. Develop a broad public information and dissemination program on disability prevention, rehabilitation, full participation and equalization of opportunities. 9. Submit periodic reports to the DSWD Secretary on the activities of the Council. 10. Establish and maintain a data bank and referral system on disability prevention, rehabilitation, full participafion and equalization of opportunities. SECTION 5. Composition of the Council. The NCWDP is headed by a governing Board, the members of which are heads, or representatives of governmental and non- govemmental organizations, and of disabled persons as well as civic and cause oriented organizations. The Board shall be composed of the following members or their duly designated representatives:

Government Offices Department of Social Welfare and Development Chairman Department of Health Member Department of Labor and Employment Member Department of Education, Culture and Sports Member Department of National Defense Member Department of Agriculture Member National Economic and Development Authority Member Department of Environment and Natural Resources Member Department of Interior and Local Government Member Department of Trade and Industry Member Department of Public Works and Highways Member Department of Transportation and Communications Member Department of Justice Member Non-Government Offices Veterans Federation of the Philippines Member Philippine Foundation for the Rehabilitation of Disabled, Inc. Member Private Representatives Two (2) disabled persons and one (1) each from the civic group and a cause oriented organization, all of whom shall be appointed by the President upon the recommendation of the Chairman for a three (3) year term. SECTION 6. The Chairman. The Chairman of the Board shall have the following duties: To call and preside over the meeting of the Board. To manage and administer the affairs of the Council. To insure that the decisions and policies of the Board are implemented. To sign and reprsent the Council. To accept on behalf of the Council, gifts, grants or donations and to administer and disburse the same with the approval of the Board in accordance with government rules, regulations and policies. To enter into and execute such contracts as may be deemed necessary in the pursuit of the Councils objectives, subject to the approval of the Board and in accordance with government rules, regulations and policies. 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 Council. SECTION 7. Meetings. The Board shall meet every month or often at the call of the Chairman. Eleven (11) members of the Board shall constitute a quorum. However, when a decision is made by such quorum, it must carry the unanimous vote of all eleven members to be valid. Members of the Board shall receive no compensation, but shall be entitled to honorarium and other allowances as resolved by the Board and authorized by the Department of Budget and Management. SECTION 8. The Secretariat. The Council shall have a Secretariat which will provide the machinery to coordinate functions, organize services and evaluate programs as may be required by the Board in the exercise of its functions. It shall be headed by an Executive Director to be assisted by a Deputy Executive Director, both of whom shall be appointed by the President. The main divisions of the Secretariat shall be as follows:

Office of the Executive Director Administrative Division Programs Management Division Information, Education and Communication Division Technical Cooperation Center SECTION 9. The Executive Committee.There shall be created an Executive Committee to assist the Board. The Executive Committee shall be chaired by the Undersecretary of DSWD for attached agencies and shall be composed of nine (9) members to be chosen by the Chairman. SECTION 10. Other Committees.The Board shall create committees as may be deemed necessary to carry out the functions of the Council. SECTION 11. Appropriations. Funds needed to carry out the provisions of this Executive Order shall be taken from the funds available to the NCCDP. Thereafter, budget as shall be needed for the continued operation of the Council shall be regularly included in subsequent annual general appropriations act. SECTION 12. Donations. The Council -shall be authorized to receive grants, donations, contributions or gifts which will be administered or disbursed for the purpose of which they were given or in the absence of such, as the Board may determine. In both cases, govennnent rules and regulations shall apply. SECTION 13. Repealing Clause. All laws, ordinances, rules and regulations, other issuances or parts thereof which are inconsistent with this Executive Order are hereby repealed or modified awordingly. SECTION 14. Effectivity. This Executive Order shall take effect immediately. APPROVED in the City of Manila, Philippines, this 22nd day of July, in the year of Our Lord, Nineteen Hundred and Eighty Seven. (SGD.) CORAZON C. AQUINO By the President: (SGD.)JOKER R. ARROYO Executive Secretary

United Nations Conventions on the Rights of Persons with Disabilities United Nations Convention on the Rights of Pesons with Disabilities Preamble The States Parties to the present Convention, Recalling the principles proclaimed in the Charter of the United Nations which recognize the inherent dignity and worth and the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world,

Recognizing that the United Nations, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, has proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, Reaffirming the universality, indivisibility, interdependence and interrelatedness of all human rights and fundamental freedoms and the need for persons with disabilities to be guaranteed their full enjoyment without discrimination, Recalling the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child, and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, Recognizing that disability is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others, Recognizing the importance of the principles and policy guidelines contained in the World Programme of Action concerning Disabled Persons and in the Standard Rules on the Equalization of Opportunities for Persons with Disabilities in influencing the promotion, formulation and evaluation of the policies, plans, programmes and actions at the national, regional and international levels to further equalize opportunities for persons with disabilities, Emphasizing the importance of mainstreaming disability issues as an integral part of relevant strategies of sustainable development, Recognizing also that discrimination against any person on the basis of disability is a violation of the inherent dignity and worth of the human person, Recognizing further the diversity of persons with disabilities, Recognizing the need to promote and protect the human rights of all persons with disabilities, including those who require more intensive support, k. Concerned that, despite these various instruments and undertakings, persons with disabilities continue to face barriers in their participation as equal members of society and violations of their human rights in all parts of the world, Recognizing the importance of international cooperation for improving the living conditions of persons with disabilities in every country, particularly in developing countries, Recognizing the valued existing and potential contributions made by persons with disabilities to the overall well-being and diversity of their communities, and that the promotion of the full enjoyment by persons with disabilities of their human rights and fundamental freedoms and of full participation by persons with disabilities will result in their enhanced sense of belonging and in significant advances in the human, social and economic development of society and the eradication of poverty, Recognizing the importance for persons with disabilities of their individual autonomy and independence, including the freedom to make their own choices,

Considering that persons with disabilities should have the opportunity to be actively involved in decisionmaking processes about policies and programmes, including those directly concerning them, Concerned about the difficult conditions faced by persons with disabilities who are subject to multiple or aggravated forms of discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth, age or other status, q. Recognizing that women and girls with disabilities are often at greater risk, both within and outside the home of violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, Recognizing that children with disabilities should have full enjoyment of all human rights and fundamental freedoms on an equal basis with other children, and recalling obligations to that end undertaken by States Parties to the Convention on the Rights of the Child, Emphasizing the need to incorporate a gender perspective in all efforts to promote the full enjoyment of human rights and fundamental freedoms by persons with disabilities, Highlighting the fact that the majority of persons with disabilities live in conditions of poverty, and in this regard recognizing the critical need to address the negative impact of poverty on persons with disabilities, Bearing in mind that conditions of peace and security based on full respect for the purposes and principles contained in the Charter of the United Nations and observance of applicable human rights instruments are indispensable for the full protection of persons with disabilities, in particular during armed conflicts and foreign occupation, Recognizing the importance of accessibility to the physical, social, economic and cultural environment, to health and education and to information and communication, in enabling persons with disabilities to fully enjoy all human rights and fundamental freedoms, w. Realizing that the individual, having duties to other individuals and to the community to which he or she belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the International Bill of Human Rights, Convinced that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State, and that persons with disabilities and their family members should receive the necessary protection and assistance to enable families to contribute towards the full and equal enjoyment of the rights of persons with disabilities, y. Convinced that a comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities will make a significant contribution to redressing the profound social disadvantage of persons with disabilities and promote their participation in the civil, political, economic, social and cultural spheres with equal opportunities, in both developing and developed countries, Have agreed as follows: Article 1 Purpose The purpose of the prese nt Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.

Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. Article 2 Definitions For the purposes of the present Convention: Communication includes languages, display of text, Braille, tactile communication, large print, accessible multimedia as well as written, audio, plain-language, human-reader and augmentative and alternative modes, means and formats of communication, including accessible information and communication technology; Language includes spoken and signed languages and other forms of non spoken languages; Discrimination on the basis of disability means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation; Reasonable accommodation means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms; Universal design means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. Universal design shall not exclude assistive devices for particular groups of persons with disabilities where this is needed. Article 3 General principles The principles of the present Convention shall be: Respect for inherent dignity, individual autonomy including the freedom to make ones own choices, and independence of persons; Non-discrimination; Full and effective participation and inclusion in society; Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; Equality of opportunity; Accessibility; Equality between men and women;

Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities. Article 4 General obligations 1. States Parties undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability. To this end, States Parties undertake: To adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention; To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities; To take into account the protection and promotion of the human rights of persons with disabilities in all policies and programmes; To refrain from engaging in any act or practice that is inconsistent with the present Convention and to ensure that public authorities and institutions act in conformity with the present Convention; To take all appropriate measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise; To undertake or promote research and development of universally designed goods, services, equipment and facilities, as defined in article 2 of the present Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use, and to promote universal design in the development of standards and guidelines; To undertake or promote research and development of, and to promote the availability and use of new technologies, including information and communications technologies, mobility aids, devices and assistive technologies, suitable for persons with disabilities, giving priority to technologies at an affordable cost; To provide accessible information to persons with disabilities about mobility aids, devices and assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities; To promote the training of professionals and staff working with persons with disabilities in the rights recognized in this Convention so as to better provide the assistance and services guaranteed by those rights. 2. With regard to economic, social and cultural rights, each State Party undertakes to take measures to the maximum of its available resources and, where needed, within the framework of international cooperation, with a view to achieving progressively the full realization of these rights, without prejudice to those obligations contained in the present Convention that are immediately applicable according to international law. 3. In the development and implementation of legislation and policies to implement the present Convention, and in other decision-making processes concerning issues relating to persons with

disabilities, States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations. 4. Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of persons with disabilities and which may be contained in the law of a State Party or international law in force for that State. There shall be no restriction upon or derogation from any of the human rights and fundamental freedoms recognized or existing in any State Party to the present Convention pursuant to law, conventions, regulation or custom on the pretext that the present Convention does not recognize such rights or freedoms or that it recognizes them to a lesser extent. 5. The provisions of the present Convention shall extend to all parts of federal states without any limitations or exceptions. Article 5 Equality and non-discrimination 1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law. 2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds. 3. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided. 4. Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention. Article 6 Women with disabilities 1. States Parties recognize that women and girls with disabilities are subject to multiple discrimination, and in this regard shall take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms. 2. States Parties shall take all appropriate measures to ensure the full development, advancement and empowerment of women, for the purpose of guaranteeing them the exercise and enjoyment of the human rights and fundamental freedoms set out in the present Convention. Article 7 Children with disabilities 1. States Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. 2. In all actions concerning children with disabilities, the best interests of the child shall be a primary consideration. 3. States Parties shall ensure that children with disabilities have the right to express their views freely on all matters affecting them, their views being given due weight in accordance with their age and maturity, on an equal basis with other children, and to be provided with disability and age-appropriate assistance to realize that right. Article 8 Awareness-raising

1. States Parties undertake to adopt immediate, effective and appropriate measures: To raise awareness throughout society, including at the family level, regarding persons with disabilities, and to foster respect for the rights and dignity of persons with disabilities; To combat stereotypes, prejudices and harmful practices relating to persons with disabilities, including those based on sex and age, in all areas of life; To promote awareness of the capabilities and contributions of persons with disabilities. Measures to this end include: Initiating and maintaining effective public awareness campaigns designed: To nurture receptiveness to the rights of persons with disabilities; To promote positive perceptions and greater social awareness towards persons with disabilities; To promote recognition of the skills, merits and abilities of persons with disabilities, and of their contributions to the workplace and the labour market; Fostering at all levels of the education system, including in all children from an early age, an attitude of respect for the rights of persons with disabilities; Encouraging all organs of the media to portray persons with disabilities in a manner consistent with the purpose of the present Convention; Promoting awareness-training programmes regarding persons with disabilities and the rights of persons with disabilities. Article 9 Accessibility 1. To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas. These measures, which shall include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia: Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces; Information, communications and other services, including electronic services and emergency services. 2. States Parties shall also take appropriate measures to: Develop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public; Ensure that private entities that offer facilities and services which are open or provided to the public take into account all aspects of accessibility for persons with disabilities;

Provide training for stakeholders on accessibility issues facing persons with disabilities; Provide in buildings and other facilities open to the public signage in Braille and in easy to read and understand forms; Provide forms of live assistance and intermediaries, including guides, readers and professional sign language interpreters, to facilitate accessibility to buildings and other facilities open to the public; Promote other appropriate forms of assistance and support to persons with disabilities to ensure their access to information; Promote access for persons with disabilities to new information and communications technologies and systems, including the Internet; Promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible at minimum cost. Article 10 Right to life States Parties reaffirm that every human being has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others. Article 11 Situations of risk and humanitarian emergencies States Parties shall take, in accordance with their obligations under international law, including international humanitarian law and international human rights law, all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters. Article 12 Equal recognition before the law States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law. States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life. States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity. States Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict of interest and undue influence, are proportional and tailored to the persons circumstances, apply for the shortest time possible and are subject to regular review by a competent, independent and impartial authority or judicial body. The safeguards shall be proportional to the degree to which such measures affect the persons rights and interests. Subject to the provisions of this article, States Parties shall take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial

affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and shall ensure that persons with disabilities are not arbitrarily deprived of their property. Article 13 Access to justice States Parties shall ensure effective access to justice for persons with disabilities on an equal basis with others, including through the provision of procedural and age-appropriate accommodations, in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages. In order to help to ensure effective access to justice for persons with disabilities, States Parties shall promote appropriate training for those working in the field of administration of justice, including police and prison staff. Article 14 Liberty and security of the person 1. States Parties shall ensure that persons with disabilities, on an equal basis with others: Enjoy the right to liberty and security of person; Are not deprived of their liberty unlawfully or arbitrarily, and that any deprivation of liberty is in conformity with the law, and that the existence of a disability shall in no case justify a deprivation of liberty. 2. States Parties shall ensure that if persons with disabilities are deprived of their liberty through any process, they are, on an equal basis with others, entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention, including by provision of reasonable accommodation. Article 15 Freedom from torture or cruel, inhuman or degrading treatment or punishment 1. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his or her free consent to medical or scientific experimentation. 2. States Parties shall take all effective legislative, administrative, judicial or other measures to prevent persons with disabilities, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment. Article 16 Freedom from exploitation, violence and abuse 1. States Parties shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects. 2. States Parties shall also take all appropriate measures to prevent all forms of exploitation, violence and abuse by ensuring, inter alia, appropriate forms of gender- and age-sensitive assistance and support for persons with disabilities and their families and caregivers, including through the provision of information and education on how to avoid, recognize and report instances of exploitation, violence and abuse. States Parties shall ensure that protection services are age-, gender- and disability-sensitive.

3. In order to prevent the occurrence of all forms of exploitation, violence and abuse, States Parties shall ensure that all facilities and programmes designed to serve persons with disabilities are effectively monitored by independent authorities. 4. States Parties shall take all appropriate measures to promote the physical, cognitive and psychological recovery, rehabilitation and social reintegration of persons with disabilities who become victims of any form of exploitation, violence or abuse, including through the provision of protection services. Such recovery and reintegration shall take place in an environment that fosters the health, welfare, self-respect, dignity and autonomy of the person and takes into account gender- and age-specific needs. 5. States Parties shall put in place effective legislation and policies, including women- and child-focused legislation and policies, to ensure that instances of exploitation, violence and abuse against persons with disabilities are identified, investigated and, where appropriate, prosecuted. Article 17 Protecting the integrity of the person Every person with disabilities has a right to respect for his or her physical and mental integrity on an equal basis with others. Article 18 Liberty of movement and nationality 1. States Parties shall recognize the rights of persons with disabilities to liberty of movement, to freedom to choose their residence and to a nationality, on an equal basis with others, including by ensuring that persons with disabilities: Have the right to acquire and change a nationality and are not deprived of their nationality arbitrarily or on the basis of disability; Are not deprived, on the basis of disability, of their ability to obtain, possess and utilize documentation of their nationality or other documentation of identification, or to utilize relevant processes such as immigration proceedings, that may be needed to facilitate exercise of the right to liberty of movement; Are free to leave any country, including their own; Are not deprived, arbitrarily or on the basis of disability, of the right to enter their own country. 2. Children with disabilities shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by their parents. Article 19 Living independently and being included in the community States Parties to this Convention recognize the equal right of all persons with disabilities to live in the community, with choices equal to others, and shall take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community, including by ensuring that: Persons with disabilities have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others and are not obliged to live in a particular living arrangement;

Persons with disabilities have access to a range of in-home, residential and other community support services, including personal assistance necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community; Community services and facilities for the general population are available on an equal basis to persons with disabilities and are responsive to their needs. Article 20 Personal mobility States Parties shall take effective measures to ensure personal mobility with the greatest possible independence for persons with disabilities, including by: Facilitating the personal mobility of persons with disabilities in the manner and at the time of their choice, and at affordable cost; Facilitating access by persons with disabilities to quality mobility aids, devices, assistive technologies and forms of live assistance and intermediaries, including by making them available at affordable cost; Providing training in mobility skills to persons with disabilities and to specialist staff working with persons with disabilities; Encouraging entities that produce mobility aids, devices and assistive technologies to take into account all aspects of mobility for persons with disabilities. Article 21 Freedom of expression and opinion, and access to information States Parties shall take all appropriate measures to ensure that persons with disabilities can exercise the right to freedom of expression and opinion, including the freedom to seek, receive and impart information and ideas on an equal basis with others and through all forms of communication of their choice, as defined in article 2 of the present Convention, including by: Providing information intended for the general public to persons with disabilities in accessible formats and technologies appropriate to different kinds of disabilities in a timely manner and without additional cost; Accepting and facilitating the use of sign languages, Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication of their choice by persons with disabilities in official interactions; Urging private entities that provide services to the general public, including through the Internet, to provide information and services in accessible and usable formats for persons with disabilities; Encouraging the mass media, including providers of information through the Internet, to make their services accessible to persons with disabilities; Recognizing and promoting the use of sign languages. Article 22 Respect for privacy 1. No person with disabilities, regardless of place of residence or living arrangements, shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence or other types

of communication or to unlawful attacks on his or her honour and reputation. Persons with disabilities have the right to the protection of the law against such interference or attacks. 2. States Parties shall protect the privacy of personal, health and rehabilitation information of persons with disabilities on an equal basis with others. Article 23 Respect for home and the family 1. States Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, parenthood and relationships, on an equal basis with others, so as to ensure that: The right of all persons with disabilities who are of marriageable age to marry and to found a family on the basis of free and full consent of the intending spouses is recognized; The rights of persons with disabilities to decide freely and responsibly on the number and spacing of their children and to have access to age-appropriate information, reproductive and family planning education are recognized, and the means necessary to enable them to exercise these rights are provided; Persons with disabilities, including children, retain their fertility on an equal basis with others. 2. States Parties shall ensure the rights and responsibilities of persons with disabilities, with regard to guardianship, wardship, trusteeship, adoption of children or similar institutions, where these concepts exist in national legislation; in all cases the best interests of the child shall be paramount. States Parties shall render appropriate assistance to persons with disabilities in the performance of their child-rearing responsibilities. 3. States Parties shall ensure that children with disabilities have equal rights with respect to family life. With a view to realizing these rights, and to prevent concealment, abandonment, neglect and segregation of children with disabilities, States Parties shall undertake to provide early and comprehensive information, services and support to children with disabilities and their families. 4. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. In no case shall a child be separated from parents on the basis of a disability of either the child or one or both of the parents. 5. States Parties shall, where the immediate family is unable to care for a child with disabilities, undertake every effort to provide alternative care within the wider family, and failing that, within the community in a family setting. Article 24 Education 1. States Parties recognize the right of persons with disabilities to education. With a view to realizing this right without discrimination and on the basis of equal opportunity, States Parties shall ensure an inclusive education system at all levels and life long learning directed to: The full development of human potential and sense of dignity and self-worth, and the strengthening of respect for human rights, fundamental freedoms and human diversity;

The development by persons with disabilities of their personality, talents and creativity, as well as their mental and physical abilities, to their fullest potential; Enabling persons with disabilities to participate effectively in a free society. 2. In realizing this right, States Parties shall ensure that: Persons with disabilities are not excluded from the general education system on the basis of disability, and that children with disabilities are not excluded from free and compulsory primary education, or from secondary education, on the basis of disability; Persons with disabilities can access an inclusive, quality and free primary education and secondary education on an equal basis with others in the communities in which they live; Reasonable accommodation of the individuals requirements is provided; Persons with disabilities receive the support required, within the general education system, to facilitate their effective education; Effective individualized support measures are provided in environments that maximize academic and social development, consistent with the goal of full inclusion. 3. States Parties shall enable persons with disabilities to learn life and social development skills to facilitate their full and equal participation in education and as members of the community. To this end, States Parties shall take appropriate measures, including: Facilitating the learning of Braille, alternative script, augmentative and alternative modes, means and formats of communication and orientation and mobility skills, and facilitating peer support and mentoring; Facilitating the learning of sign language and the promotion of the linguistic identity of the deaf community; Ensuring that the education of persons, and in particular children, who are blind, deaf or deafblind, is delivered in the most appropriate languages and modes and means of communication for the individual, and in environments which maximize academic and social development. 4. In order to help ensure the realization of this right, States Parties shall take appropriate measures to employ teachers, including teachers with disabilities, who are qualified in sign language and/or Braille, and to train professionals and staff who work at all levels of education. Such training shall incorporate disability awareness and the use of appropriate augmentative and alternative modes, means and formats of communication, educational techniques and materials to support persons with disabilities. 5. States Parties shall ensure that persons with disabilities are able to access general tertiary education, vocational training, adult education and lifelong learning without discrimination and on an equal basis with others. To this end, States Parties shall ensure that reasonable accommodation is provided to persons with disabilities. Article 25 Health States Parties recognize that persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability. States Parties shall take all

appropriate measures to ensure access for persons with disabilities to health services that are gendersensitive, including health-related rehabilitation. In particular, States Parties shall: Provide persons with disabilities with the same range, quality and standard of free or affordable health care and programmes as provided to other persons, including in the area of sexual and reproductive health and population-based public health programmes; Provide those health services needed by persons with disabilities specifically because of their disabilities, including early identification and intervention as appropriate, and services designed to minimize and prevent further disabilities, including among children and older persons; Provide these health services as close as possible to peoples own communities, including in rural areas; Require health professionals to provide care of the same quality to persons with disabilities as to others, including on the basis of free and informed consent by, inter alia, raising awareness of the human rights, dignity, autonomy and needs of persons with disabilities through training and the promulgation of ethical standards for public and private health care; Prohibit discrimination against persons with disabilities in the provision of health insurance, and life insurance where such insurance is permitted by national law, which shall be provided in a fair and reasonable manner; Prevent discriminatory denial of health care or health services or food and fluids on the basis of disability. Article 26 Habilitation and rehabilitation 1. States Parties shall take effective and appropriate measures, including through peer support, to enable persons with disabilities to attain and maintain maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life. To that end, States Parties shall organize, strengthen and extend comprehensive habilitation and rehabilitation services and programmes, particularly in the areas of health, employment, education and social services, in such a way that these services and programmes: Begin at the earliest possible stage, and are based on the multidisciplinary assessment of individual needs and strengths; Support participation and inclusion in the community and all aspects of society, are voluntary, and are available to persons with disabilities as close as possible to their own communities, including in rural areas. 2. States Parties shall promote the development of initial and continuing training for professionals and staff working in habilitation and rehabilitation services. 3. States Parties shall promote the availability, knowledge and use of assistive devices and technologies, designed for persons with disabilities, as they relate to habilitation and rehabilitation. Article 27 Work and employment 1. States Parties recognize the right of persons with disabilities to work, on an equal basis with others; this includes the right to the opportunity to gain a living by work freely chosen or accepted in a labour

market and work environment that is open, inclusive and accessible to persons with disabilities. States Parties shall safeguard and promote the realization of the right to work, including for those who acquire a disability during the course of employment, by taking appropriate steps, including through legislation, to, inter alia: Prohibit discrimination on the basis of disability with regard to all matters concerning all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement and safe and healthy working conditions; Protect the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work, including equal opportunities and equal remuneration for work of equal value, safe and healthy working conditions, including protection from harassment, and the redress of grievances; Ensure that persons with disabilities are able to exercise their labour and trade union rights on an equal basis with others; Enable persons with disabilities to have effective access to general technical and vocational guidance programmes, placement services and vocational and continuing training; Promote employment opportunities and career advancement for persons with disabilities in the labour market, as well as assistance in finding, obtaining, maintaining and returning to employment; Promote opportunities for self-employment, entrepreneurship, the development of cooperatives and starting ones own business; Employ persons with disabilities in the public sector; Promote the employment of persons with disabilities in the private sector through appropriate policies and measures, which may include affirmative action programmes, incentives and other measures; Ensure that reasonable accommodation is provided to persons with disabilities in the workplace; Promote the acquisition by persons with disabilities of work experience in the open labour market; Promote vocational and professional rehabilitation, job retention and return-to-work programmes for persons with disabilities. 2. States Parties shall ensure that persons with disabilities are not held in slavery or in servitude, and are protected, on an equal basis with others, from forced or compulsory labour. Article 28 Adequate standard of living and social protection 1. States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability. 2. States Parties recognize the right of persons with disabilities to social protection and to the enjoyment of that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realization of this right, including measures:

To ensure equal access by persons with disabilities to clean water services, and to ensure access to appropriate and affordable services, devices and other assistance for disability-related needs; To ensure access by persons with disabilities, in particular women and girls with disabilities and older persons with disabilities, to social protection programmes and poverty reduction programmes; To ensure access by persons with disabilities and their families living in situations of poverty to assistance from the State with disability-related expenses, including adequate training, counselling, financial assistance and respite care; To ensure access by persons with disabilities to public housing programmes; To ensure equal access by persons with disabilities to retirement benefits and programmes. Article 29 Participation in political and public life States Parties shall guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others, and shall undertake to: Ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected, inter alia, by: Ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use; Protecting the right of persons with disabilities to vote by secret ballot in elections and public referendums without intimidation, and to stand for elections, to effectively hold office and perform all public functions at all levels of government, facilitating the use of assistive and new technologies where appropriate; Guaranteeing the free expression of the will of persons with disabilities as electors and to this end, where necessary, at their request, allowing assistance in voting by a person of their own choice; Promote actively an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs, including: Participation in non-governmental organizations and associations concerned with the public and political life of the country, and in the activities and administration of political parties; Forming and joining organizations of persons with disabilities to represent persons with disabilities at international, national, regional and local levels. Article 30 Participation in cultural life, recreation, leisure and sport 1. States Parties recognize the right of persons with disabilities to take part on an equal basis with others in cultural life, and shall take all appropriate measures to ensure that persons with disabilities: Enjoy access to cultural materials in accessible formats; Enjoy access to television programmes, films, theatre and other cultural activities, in accessible formats;

Enjoy access to places for cultural performances or services, such as theatres, museums, cinemas, libraries and tourism services, and, as far as possible, enjoy access to monuments and sites of national cultural importance. 2. States Parties shall take appropriate measures to enable persons with disabilities to have the opportunity to develop and utilize their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of society. 3. States Parties shall take all appropriate steps, in accordance with international law, to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials. 4. Persons with disabilities shall be entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity, including sign languages and deaf culture. 5. With a view to enabling persons with disabilities to participate on an equal basis with others in recreational, leisure and sporting activities, States Parties shall take appropriate measures: To encourage and promote the participation, to the fullest extent possible, of persons with disabilities in mainstream sporting activities at all levels; To ensure that persons with disabilities have an opportunity to organize, develop and participate in disability-specific sporting and recreational activities and, to this end, encourage the provision, on an equal basis with others, of appropriate instruction, training and resources; To ensure that persons with disabilities have access to sporting, recreational and tourism venues; To ensure that children with disabilities have equal access with other children to participation in play, recreation and leisure and sporting activities, including those activities in the school system; To ensure that persons with disabilities have access to services from those involved in the organization of recreational, tourism, leisure and sporting activities. Article 31 Statistics and data collection 1. States Parties undertake to collect appropriate information, including statistical and research data, to enable them to formulate and implement policies to give effect to the present Convention. The process of collecting and maintaining this information shall: Comply with legally established safeguards, including legislation on data protection, to ensure confidentiality and respect for the privacy of persons with disabilities; Comply with internationally accepted norms to protect human rights and fundamental freedoms and ethical principles in the collection and use of statistics. 2. The information collected in accordance with this article shall be disaggregated, as appropriate, and used to help assess the implementation of States Parties obligations under the present Convention and to identify and address the barriers faced by persons with disabilities in exercising their rights. 3. States Parties shall assume responsibility for the dissemination of these statistics and ensure their accessibility to persons with disabilities and others.

Article 32 International cooperation 1. States Parties recognize the importance of international cooperation and its promotion, in support of national efforts for the realization of the purpose and objectives of the present Convention, and will undertake appropriate and effective measures in this regard, between and among States and, as appropriate, in partnership with relevant international and regional organizations and civil society, in particular organizations of persons with disabilities. Such measures could include, inter alia: Ensuring that international cooperation, including international development programmes, is inclusive of and accessible to persons with disabilities; Facilitating and supporting capacity-building, including through the exchange and sharing of information, experiences, training programmes and best practices; Facilitating cooperation in research and access to scientific and technical knowledge; Providing, as appropriate, technical and economic assistance, including by facilitating access to and sharing of accessible and assistive technologies, and through the transfer of technologies. 2. The provisions of this article are without prejudice to the obligations of each State Party to fulfil its obligations under the present Convention. Article 33 National implementation and monitoring 1. States Parties, in accordance with their system of organization, shall designate one or more focal points within government for matters relating to the implementation of the present Convention, and shall give due consideration to the establishment or designation of a coordination mechanism within government to facilitate related action in different sectors and at different levels. 2. States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention. When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights. 3. Civil society, in particular persons with disabilities and their representative organizations, shall be involved and participate fully in the monitoring process. Article 34 Committee on the Rights of Persons with Disabilities 1. There shall be established a Committee on the Rights of Persons with Disabilities (hereafter referred to as the Committee), which shall carry out the functions hereinafter provided. 2. The Committee shall consist, at the time of entry into force of the present Convention, of twelve experts. After an additional sixty ratifications or accessions to the Convention, the membership of the Committee shall increase by six members, attaining a maximum number of eighteen members. 3. The members of the Committee shall serve in their personal capacity and shall be of high moral standing and recognized competence and experience in the field covered by the present Convention. When nominating their candidates, States Parties are invited to give due consideration to the provision set out in article 4.3 of the present Convention.

4. The members of the Committee shall be elected by States Parties, consideration being given to equitable geographical distribution, representation of the different forms of civilization and of the principal legal systems, balanced gender representation and participation of experts with disabilities. 5. The members of the Committee shall be elected by secret ballot from a list of persons nominated by the States Parties from among their nationals at meetings of the Conference of States Parties. At those meetings, for which two thirds of States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting. 6. The initial election shall be held no later than six months after the date of entry into force of the present Convention. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit the nominations within two months. The Secretary-General shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating the State Parties which have nominated them, and shall submit it to the States Parties to the present Convention. 7. The members of the Committee shall be elected for a term of four years. They shall be eligible for reelection once. However, the term of six of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these six members shall be chosen by lot by the chairperson of the meeting referred to in paragraph 5 of this article. Article 34 Committee on the Rights of Persons with Disabilities 1. There shall be established a Committee on the Rights of Persons with Disabilities (hereafter referred to as the Committee), which shall carry out the functions hereinafter provided. 2. The Committee shall consist, at the time of entry into force of the present Convention, of twelve experts. After an additional sixty ratifications or accessions to the Convention, the membership of the Committee shall increase by six members, attaining a maximum number of eighteen members. 3. The members of the Committee shall serve in their personal capacity and shall be of high moral standing and recognized competence and experience in the field covered by the present Convention. When nominating their candidates, States Parties are invited to give due consideration to the provision set out in article 4.3 of the present Convention. 4. The members of the Committee shall be elected by States Parties, consideration being given to equitable geographical distribution, representation of the different forms of civilization and of the principal legal systems, balanced gender representation and participation of experts with disabilities. 5. The members of the Committee shall be elected by secret ballot from a list of persons nominated by the States Parties from among their nationals at meetings of the Conference of States Parties. At those meetings, for which two thirds of States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting. 6. The initial election shall be held no later than six months after the date of entry into force of the present Convention. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit the nominations within two months. The Secretary-General shall subsequently prepare a list in alphabetical order of all persons thus

nominated, indicating the State Parties which have nominated them, and shall submit it to the States Parties to the present Convention. 7. The members of the Committee shall be elected for a term of four years. They shall be eligible for reelection once. However, the term of six of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these six members shall be chosen by lot by the chairperson of the meeting referred to in paragraph 5 of this article. 8. The election of the six additional members of the Committee shall be held on the occasion of regular elections, in accordance with the relevant provisions of this article. 9. If a member of the Committee dies or resigns or declares that for any other cause she or he can no longer perform her or his duties, the State Party which nominated the member shall appoint another expert possessing the qualifications and meeting the requirements set out in the relevant provisions of this article, to serve for the remainder of the term. 10. The Committee shall establish its own rules of procedure. 11. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Convention, and shall convene its initial meeting. 12. With the approval of the General Assembly, the members of the Committee established under the present Convention shall receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide, having regard to the importance of the Committees responsibilities. 13. The members of the Committee shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations. Article 35 Reports by States Parties 1. Each State Party shall submit to the Committee, through the Secretary-General of the United Nations, a comprehensive report on measures taken to give effect to its obligations under the present Convention and on the progress made in that regard, within two years after the entry into force of the present Convention for the State Party concerned. 2. Thereafter, States Parties shall submit subsequent reports at least every four years and further whenever the Committee so requests. 3. The Committee shall decide any guidelines applicable to the content of the reports. 4. A State Party which has submitted a comprehensive initial report to the Committee need not, in its subsequent reports, repeat information previously provided. When preparing reports to the Committee, States Parties are invited to consider doing so in an open and transparent process and to give due consideration to the provision set out in article 4.3 of the present Convention. 5. Reports may indicate factors and difficulties affecting the degree of fulfilment of obligations under the present Convention.

Article 36 Consideration of reports 1. Each report shall be considered by the Committee, which shall make such suggestions and general recommendations on the report as it may consider appropriate and shall forward these to the State Party concerned. The State Party may respond with any information it chooses to the Committee. The Committee may request further information from States Parties relevant to the implementation of the present Convention. 2. If a State Party is significantly overdue in the submission of a report, the Committee may notify the State Party concerned of the need to examine the implementation of the present Convention in that State Party, on the basis of reliable information available to the Committee, if the relevant report is not submitted within three months following the notification. The Committee shall invite the State Party concerned to participate in such examination. Should the State Party respond by submitting the relevant report, the provisions of paragraph 1 of this article will apply. 3. The Secretary-General of the United Nations shall make available the reports to all States Parties. 4. States Parties shall make their reports widely available to the public in their own countries and facilitate access to the suggestions and general recommendations relating to these reports. 5. The Committee shall transmit, as it may consider appropriate, to the specialized agencies, funds and programmes of the United Nations, and other competent bodies, reports from States Parties in order to address a request or indication of a need for technical advice or assistance contained therein, along with the Committees observations and recommendations, if any, on these requests or indications. Article 37 Cooperation between States Parties and the Committee 1. Each State Party shall cooperate with the Committee and assist its members in the fulfilment of their mandate. 2. In its relationship with States Parties, the Committee shall give due consideration to ways and means of enhancing national capacities for the implementation of the present Convention, including through international cooperation. Article 38 Relationship of the Committee with other bodies In order to foster the effective implementation of the present Convention and to encourage international cooperation in the field covered by the present Convention: The specialized agencies and other United Nations organs shall be entitled to be represented at the consideration of the implementation of such provisions of the present Convention as fall within the scope of their mandate. The Committee may invite the specialized agencies and other competent bodies as it may consider appropriate to provide expert advice on the implementation of the Convention in areas falling within the scope of their respective mandates. The Committee may invite specialized agencies and other United Nations organs to submit reports on the implementation of the Convention in areas falling within the scope of their activities; The Committee, as it discharges its mandate, shall consult, as appropriate, other relevant bodies instituted by international human rights treaties, with a view to ensuring the consistency of their respective reporting guidelines, suggestions and general recommendations, and avoiding duplication and overlap in the performance of their functions.

Article 39 Report of the Committee The Committee shall report every two years to the General Assembly and to the Economic and Social Council on its activities, and may make suggestions and general recommendations based on the examination of reports and information received from the States Parties. Such suggestions and general recommendations shall be included in the report of the Committee together with comments, if any, from States Parties. Article 40 Conference of States Parties 1. The States Parties shall meet regularly in a Conference of States Parties in order to consider any matter with regard to the implementation of the present Convention. 2. No later than six months after the entry into force of the present Convention, the Conference of the States Parties shall be convened by the Secretary-General of the United Nations. The subsequent meetings shall be convened by the Secretary-General of the United Nations biennially or upon the decision of the Conference of States Parties. Article 41 Depositary The Secretary-General of the United Nations shall be the depositary of the present Convention. Article 42 Signature The present Convention shall be open for signature by all States and by regional integration organizations at United Nations Headquarters in New York as of 30 March 2007. Article 43 Consent to be bound The present Convention shall be subject to ratification by signatory States and to formal confirmation by signatory regional integration organizations. It shall be open for accession by any State or regional integration organization which has not signed the Convention. Article 44 Regional integration organizations 1. Regional integration organization shall mean an organization constituted by sovereign States of a given region, to which its member States have transferred competence in respect of matters governed by this Convention. Such organizations shall declare, in their instruments of formal confirmation or accession, the extent of their competence with respect to matters governed by this Convention. Subsequently, they shall inform the depositary of any substantial modification in the extent of their competence. 2. References to States Parties in the present Convention shall apply to such organizations within the limits of their competence. 3. For the purposes of article 45, paragraph 1, and article 47, paragraphs 2 and 3, any instrument deposited by a regional integration organization shall not be counted. 4. Regional integration organizations, in matters within their competence, may exercise their right to vote in the Conference of States Parties, with a number of votes equal to the number of their member States

that are Parties to this Convention. Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa. Article 45 Entry into force 1. The present Convention shall enter into force on the thirtieth day after the deposit of the twentieth instrument of ratification or accession. 2. For each State or regional integration organization ratifying, formally confirming or acceding to the Convention after the deposit of the twentieth such instrument, the Convention shall enter into force on the thirtieth day after the deposit of its own such instrument. Article 46 Reservations 1. Reservations incompatible with the object and purpose of the present Convention shall not be permitted. 2. Reservations may be withdrawn at any time. Article 47 Amendments 1. Any State Party may propose an amendment to the present Convention and submit it to the SecretaryGeneral of the United Nations. The Secretary-General shall communicate any proposed amendments to States Parties, with a request to be notified whether they favour a conference of States Parties for the purpose of considering and deciding upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of two thirds of the States Parties present and voting shall be submitted by the Secretary-General to the General Assembly for approval and thereafter to all States Parties for acceptance. 2. An amendment adopted and approved in accordance with paragraph 1 of this article shall enter into force on the thirtieth day after the number of instruments of acceptance deposited reaches two thirds of the number of States Parties at the date of adoption of the amendment. Thereafter, the amendment shall enter into force for any State Party on the thirtieth day following the deposit of its own instrument of acceptance. An amendment shall be binding only on those States Parties which have accepted it. 3. If so decided by the Conference of States Parties by consensus, an amendment adopted and approved in accordance with paragraph 1 of this article which relates exclusively to articles 34, 38, 39 and 40 shall enter into force for all States Parties on the thirtieth day after the number of instruments of acceptance deposited reaches two thirds of the number of States Parties at the date of adoption of the amendment. Article 48 Denunciation A State Party may denounce the present Convention by written notification to the Secretary-General of the United Nations. The denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General. Article 49 Accessible format The text of the present Convention shall be made available in accessible formats.

Article 50 Authentic texts The Arabic, Chinese, English, French, Russian and Spanish texts of the present Convention shall be equally authentic. In witness thereof the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.

RA 7277 Magna Carta for Disabled Persons

An act providing for the rehabilitation, self-development and self-reliance of disabled persons and their integration into the mainstream of society and for other purposes rights and privileges of disabled persons: equal opportunity for employment access to quality education National Health Program Auxiliary Social Services Telecommunications Accessibility ( barrier-free environment) Political and civil rights

BP 344 Accessibility Law An Act to Enhance the Mobility of Disabled Persons by Requiring Certain Building, Institution, Establishments, and Other Public Utilities to Install Facilities and Other Devices.

SCOPE Public and private buildings and related structures for public use and which shall be constructed, repaired or renovated. Streets and highways and public utilities Streets and highways Public transport vehicles Public telephones Public transport terminals including those of LRTA

EO 240 Declaring the Period from Year 2003 to 2012 as the Philippine Decade of Persons with Disabilities Non-government organizations and self-help groups among persons with disabilities, as well as other organizations are hereby enjoined to take full cognizance of the National Plan of Action for the Decade of PWDs and to fully cooperate in the attainment of its goals and activities by gearing their policies and aligning their programs to said National Plan

EO 417 Directing the Implementation of the Economic Independence for PWDs (Series of 2005) All national government agencies including government owned and controlled corporations are enjoined to support and cooperate in the implementation of the Economic Independence Program for PWDs DSWD shall develop and implement the national social preparation program that will deal on moral values and work ethics of entrepreneurs with disabilities DepEd/CHED/TESDA shall continually develop a system of equivalency to ensure PWDs access to employment and entrepreneruship

CDA shall develop and implement programs to promote coop organizing and development among PWDs

EO 417 Economic Independence Program Markets for products and services of cooperatives of PWDS and other Organization of PWDs engaged in livelihood. Accessible Work Center. Capital for Livelihhod Programs.

Joint DBM-DSWD Circular No. 2003-01 Implementing guidelines for Section 29 of the General Appropriations Act for FY 2003 Entitled Setting Aside 1% of Government Agency Budget for Programs/ Projects Related to Senior Citizens and the Disabled . IEC campaign/advocacy Human Resource Development and Capability Building Provision of Employment Opportunities Protection and Safety Program Group Home/Foster Home Policy Development/Legislations Researches Other Programs/Projects/Activities/Services related to their respective mandates.

Office of the Persons with Disabilities Affairs (OPDA) (General Assembly League of Cities of the Philippines Resolution No. 2003-13) (3rd Meeting of the members of the National Directorate of Municipalities of the Philippines LMPND Resolution No. 011-2001) Encouraging cities/municipalities to establish the OPDA Monitoring of compliance with Accessibility Law Implement the provision of the Magna Carta for Disabled Persons Established data gathering for statistics of PWDs Formulate and implement plans, programs and policies related to the promotion of the welfare of PWDs in coordination with concern national government agencies. Establish production and livelihood sheltered workshops for PWDs.

REPUBLIC ACT 9442 Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand and six. [ REPUBLIC ACT NO. 9442 ] AN ACT AMENDING REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE "MAGNA CARTA FOR DISABLED PERSONS, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress

IRR OF RA 7277 IMPLEMENTING RULES AND REGULATIONS of the Magna Carta for Disabled Persons (Republic Act No. 7277) RULE I DEFINITION OF TERMS Abandoned an abandoned disabled person is one who has no proper parental care or guardianship, or whose parents or guardians have deserted him for a period of at least six

assembled: SECTION 1. a new chapter, to be denominated as "Chapter 8. Other privileges and Incentives" is hereby added to Title Two of Republic Act No. 7277, otherwise known as the "Magna Carta for Disabled Persons", with new Sections 32 and 33, to read as follows: CHAPTER 8. Other Privileges and Incentives SEC. 32. Persons with disability shall be entitled to the following: (a) At least twenty percent (20%) discount from all establishments relative to the utilization of all services in hotels and similar lodging establishments; restaurants and recreation centers for the exclusive use or enjoyment of persons with disability; (b) A minimum of twenty percent (20%) discount on admission fees charged by theaters, cinema houses, concert halls, circuses, carnivals and other similar places of culture, leisure and amusement for the exclusive use of enjoyment of persons with disability; (c) At least twenty percent (20%) discount for the purchase of medicines in all drugstores for the exclusive use or enjoyment of persons with disability; (d) At least twenty percent (20%) discount on medical and dental services including diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and blood tests, in all government facilities, subject to guidelines to be issued by the Department of Health (DOH), in coordination with the Philippine Health Insurance Corporation (PHILHEALTH) (e) At least twenty percent (20%) discount on medical and dental services including diagnostic and laboratory fees, and professional fees of attending doctors in all private hospitals and medical facilities, in accordance with the rules and regulations to be issued by the DOH, in coordination with the

continuous months. Abused an abused disabled person is one who has been maltreated raped, or seduced, exploited and overworked or made to work under conditions not conductive to good health. He/She is made to be in the street or public places, and is exposed to moral danger. Accreditation means the Certification given by the Department of Health (DOH) and the Department of Labor and Employment (DOLE) recognizing the disability, skills, and qualifications of a disabled worker. Adapted Physical Education therapeutic application of physical education to rehabilitate learners with special needs whose functional deficiencies are amenable to improvement through exercise. Adapted physical education programs should be planned and implemented in coordination with psychological and medical services. Affordable Cost the lowest amount charged to a person that meets the criteria for affordability as determined under existing policies of the Department of Health. Apprentice means a worker who is covered by a written Apprenticeship Agreement with an individual employer. Apprenticeable Occupation means any trade, form of employment or occupation, which requires more than three (3) months of practical on-the-job training supplemented by related theoretical instruction. Apprenticeship means on-the-job practical training supplemented by related theoretical instruction. Apprenticeship Agreement means written employments contract in which the employer binds himself to train the apprentice in turn agrees to work for the employer. Auditory Training the producer of teaching persons with hearing impairments, to make full use of their residual ability. Auxiliary - a. Offering, providing help,

PHILHEALTH; (f) At least twenty percent (20%) discount on fare for domestic air and sea travel for the exclusive use or enjoyment of persons with disability; (g) At least twenty percent (20%) discount in public railways, skyways and bus fare for the exclusive use and enjoyment of person with disability; (h) Educational assistance to persons with disability, for them to pursue primary, secondary, tertiary, post tertiary, as well as vocational or technical education, in both public and private schools, through the provision of scholarships, grants, financial aids, subsidies and other incentives to qualified persons with disability, including support for books, learning material, and uniform allowance to the extent feasible: Provided, That persons with disability shall meet minimum admission requirements; (i) To the extent practicable and feasible, the continuance of the same benefits and privileges given by the Government Service Insurance System (GSIS), Social Security System (SSS), and PAG-IBIG, as the case may be, as are enjoyed by those in actual service; (j) To the extent possible, the government may grant special discounts in special programs for persons with disability on purchase of basic commodities, subject to guidelines to be issued for the purpose by the Department of Trade and Industry (DTI) and the Department of Agricultural (DA); and (k) Provision of express lanes for persons with disability in all commercial and government establishments; in the absence thereof, priority shall be given to them. The abovementioned privileges are available only to persons with disability who are Filipino citizens upon submission of any of the following as proof of his/her entitlement thereto: (I) An identification card issued by the city or

assistance or support b. Functioning in a subsidiary capacity; augmenting or available to augment a basis power, potential, or ability; supplementary Auxiliary Aids and Services include:

1. Qualified interpreters or other effective 2.

methods of delivering materials to individuals with hearing impairments; Qualified readers, taped tests, or other effective methods of delivering materials to individuals with visual impairments; Acquisition or modification of equipment or devices; and Other similar services and actions or all types of aids and services that facilitate the learning process of people with mental disability.

3. 4.

Auxiliary Social Services are the supportive activities in the delivery of social services to the marginalized sectors of society. Basic Medical Services services rendered to disabled patients within the competence and capability of DOH health facilities which include health examinations, medical/surgical procedures, regular dental care and selected procedures, routine/special laboratory examinations, and ancillary procedures as required. Cognitive Skills refers to the ability to see, perceive, understand, and see the relationship between ideas and facts. Commerce shall be taken on mean as travel, trade, traffic, commerce, transportation, or level that use and build on the resources of the community, including the impaired disabled and handicapped persons themselves, their families, and their community as a whole. Community-Based Rehabilitation rehabilitation measures taken at the community level that use and build on the resources of the community, including the impaired, disabled and handicapped persons themselves, their families, and their community as a whole. Complete, Adequate

municipal mayor or the barangay captain of the place where the persons with disability resides; (II) The passport of the persons with disability concerned; or (III) Transportation discount fare Identification Card (ID) issued by the National Council for the Welfare of Disabled Persons (NCWDP). The privileges may not be claimed if the persons with disability claims a higher discount sa may be granted by the commercial establishment and/or under other existing laws or in combination with other discount programs/s. The establishments may claim the discounts granted in sub-sections (a), (b), (c), (f) and (g) as tax deductions based on the net cost of the goods sold or services rendered: Provided, further, That the total amount of the claimed tax deduction net of value-added tax if applicable, shall be included in their gross sales receipts for tax purposes and shall be subject to proper documentation and to the provisions of the National Internal Revenue Code (NIRC), as amended. SEC. 33. Incentives. - Those caring for and living with a person with disability shall be granted the following incentives: (a) Persons with disability shall be treated as dependents under the Section 35 (A) of the National Internal Revenue Code, as amended and as such, individual taxpayers caring for them shall be accorded the privileges granted by the code insofar as having dependents under the same section are concerned; and (b) Individuals or nongovernmental institutions establishing homes, residential communities or retirement villages solely to suit the needs and requirements of persons with disability shall be accorded the following: (i) Realty tax holiday for the first five years of operation; and (ii) Priority in the building and/or maintenance of provincial or municipal roads leading to the

and Integrated System of Special Education educational program that caters to various types of learners with special needs from preschool to tertiary levels and their formal or nonformal programs that are complementary mutually reinforcing and a comparable standards. Covered Entity means an employer, employment agency, labor organization or joint labor-, management committee. Customized Vehicle a vehicle manufactured, reconstituted or reassembled to suit the particular user according to his personal requirements, needs or desire. Depot an area where facilities for storing, classifying and sorting of goods/cargoes are provided. It may be a part or separate from the terminal and serves as a place for storing of the transport facility, fueling, clearing, inspection, and repair. Disability shall mean (1) a physical impairment that substantially limits one or more psychological, physiological or anatomical function of an individual or activities of such individual; (2) a record of such an impairment; or (3) being regarded as having such an impairment; Disabled Gifted persons who demonstrate superior performance capabilities in intellectual, creative, specific academic areas, leadership, or in the arts in spite of physical, sensory or psychosocial disabilities. Disabled Persons those suffering from restriction of different abilities, as a result of a mental. Physical or sensory impairment, in performing an activity in the manner or within the range considered normal for a human being. Disabled Worker means a worker whose earning capacity is impaired by mental, physical or sensory deficiency or injury. Employment Agreement means the contract of employment entered into between

aforesaid home, residential community or retirement village. SEC. 2. Republic Act No. 7277 is hereby amended inserting a new title, chapter and section after Section 38 be denominated as title 4, chapters 1 and 2 and Sections 40, 41 and 42 to read as follows: Title Four Prohibitions on Verbal, Non-verbal Ridicule and Vilification Against Persons with Disability CHAPTER 1. Deliverance from Public Ridicule SEC. 39. Public Ridicule. - For purposes of this chapter, public ridicule shall be defined as an act of making fun or contemptuous imitating or making mockery of persons with disability whether in writing, or in words, or in action due to their impairment/s. SEC. 40. No individual, group or community shall execute any of these acts of ridicule against persons with disability in any time and place which could intimidate or result in loss of self-esteem of the latter. CHAPTER 2. Deliverance from Vilification SEC 41. Vilification. - For purposes of this Chapter, vilification shall be defined as: (a) The utterance of slanderous and abusive statements against a person with disability; and/or (b) An activity in public which incites hatred towards, serious contempt for, or severe ridicule of persons with disability. SEC. 42. Any individual, group or community is hereby prohibited from vilifying any person with disability which could result into loss of self-esteem of the latter. SEC. 3. Section 46 of Republic Act No. 7277 is hereby amended to read as follows: SEC. 46. Penal Clause. - (a) Any person who violates any provision of this Act shall suffer

the employer and the disabled worker. Formal Education refers to hierarchically structured and chronologically graded learning organized and provided by the formal school system and for which certification is required in order for the learner to progress through the grades or moved higher level (P.B. 232 Education Act 1982) Fits/Seizures - a neurologic condition characterized by sudden loss of consciousness coupled with sudden uncontrolled movements. Functional - Relating directly to everybody needs and interests; - Concerned with application in activity; - Practical; - Performing or able to perform its regular function Handicap refers to disadvantage for a given individual, resulting from an impairment or a disability, that limits or prevents the function or activity, that is considered normal given the age and sex of the individual. Handicapped a disadvantaged for a given individual, resulting from an impairment or a disability, that limits or prevents the function or activity, that is considered normal given the age and sex of the handicapped individual. Impairment is any loss, diminution or aberration of psychological, physiological, or anatomical structure or function. Income Producing Projects or Homework Schemes means the work and services that a disabled person can adequately and preferentially do or provide in sheltered workshops or in about the disabled persons homes that will provide them the opportunity to earn a living and acquire a working capacity required in open industry. Independent Living the degree to which a disabled person is able to maintain himself independently in the community and in gainful employment. Indigent a disabled person whose level of income falls below the poverty threshold.

the following penalties: (1) For the first violation, a fine of not less than Fifty Thousand pesos (P50,000.00) but not exceeding One hundred thousand pesos (P100,000.00) or imprisonment of not less than six months but not more than two years, or both at the discretion of the court; and (2) For any subsequent violation, a fine of not less than One hundred thousand pesos (P100,000.00) but not exceeding Two hundred thousand pesos (P200,000.00) or imprisonment for not less than two years but not more than six years, or both at the discretion of the court. (b) Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than six months or a fine of not less than Five thousand pesos (P5,000.00), but not more than Fifty thousand pesos (P50,000.00), or both, at the discretion of the court. (c) If the violator is a corporation, organization or any similar entity, the officials thereof directly involved shall be liable therefore. (d) If the violator is an alien or a foreigner, he shall be deported immediately after service of sentence without further deportation proceedings. Upon filing of an appropriate complaint, and after due notice and hearing, the proper authorities may also cause the cancellation or revocation of the business permit, permit to operate, franchise and other similar privileges granted to any business entity that fails to abide by the provisions of this Act." SEC. 4. The title of Republic Act No. 7277 is hereby amended to read as the "Magna Carta for Persons with Disability", and all references on the said law to "Disabled persons" shall likewise be amended to read as "persons with disability. SEC. 5. The Department of Social Welfare and Development, the National Council for the Welfare of Disabled Persons, and the Bureau of Internal Revenue, in consultation with the

Learner with Special Needs a person who differs significantly from the average learner in (a) mental characteristics; (b) sensory abilities; (c) neuromuscular or physical characteristics; (d) psychosocial characteristics; or has multiple handicaps or has chronic illness; and or has a developmental lag to such an extent that he requires modified or specialized instruction and services in order to develop to his maximum capability. Learning Disabled persons who, although normal in sensory, emotional and intellectual abilities, exhibit disorders in perception, listening, thinking, reading, writing, spelling, and arithmetic. Learning Institution (LI) any educational institution managed or owned by the government, a private individual, a corporation or any legal entity, which caters to children, youth and adults with special needs. A learning institution may be day or residential in nature and maybe based either in the home, hospital, school or community. Included here are rehabilitation agencies, sheltered workshops, day care centers and entities of similar nature. Local Government Unit refers to the municipality, city, and province or to any political subdivision of the national government as defined by law. Marginalized Disabled Persons refer to disabled persons who lack access to rehabilitative services and opportunities to be able to participate fully in socio-economic activities and who have no means of livelihood or whose incomes fall below the poverty threshold. Mental Disability disability resulting from organic brain syndromes (example: mental retardation, acquired lesions of the central nervous system, demenia) and mental illnesses (psychotic and non-psychotic disorders). Multi-handicapped persons with more than one disability such as those with mental retardation-blindness mental retardation-orthopedic handicap, deafnessblindness and others.

concerned Senate and House committees and other agencies, organizations, establishments shall formulate implementing rules and regulations pertinent to the provision of this Act within six months after the effectivity of this Act. SEC. 6. This Act shall take effect fifteen (15) days after its publication in any two newspapers of general circulation. Approved, (Sgd.) JOSE DE VENECIA JR. (Sgd.) MANNY VILLAR Speakier of the House of Representatives President of the Senate This Act which is a consolidation of Senate Bill No. 2580 and House Bill No. 1214 was finally passed by the Senate and the House of Representatives on February 8, 2007 and February 7, 2008 respectively. (Sgd.) ROBERTO P. NAZARENO (Sgd.) OSCAR G. YABES Secretary General House of Representatives Secretary of the Senate Approved: 30 APRIL 2007 (Sgd.) GLORIA MACAPAGAL ARROYO President of the Philippines

Neglected a neglected disabled person is one whose basic needs have been deliberately unattended or inadequately attended. As a result, the disabled person is either malnourished, ill clad or without proper shelter. Non-formal Education any unstructured educational activity which take place outside the established formal education system. It is designed to complement or extend as well as provide an alternative to the formal education. Normalization a principle in SPED where learners with special needs are provided with an educational and living environment as close as possible to what is ordinarily enjoyed by most people. Orthopedically Handicapped persons whose impairment interferes either permanently or temporarily, with the normal functioning of the joints, muscles or limbs. Persons with Autism a developmental disability, having onset before 30 months of age, which is marked by disturbance in development, language and relationships with persons, activities and objects. Persons with Behavioral Problems those who cannot adjust to the socially accepted norms of behavior and, consequently, disrupt their academic progress, the learning efforts of their classmates, and interpersonal relations. Their emotional and social development is so seriously impaired that they cannot benefit from instruction in an ordinary class. Persons with Hearing Impairment those with auditory disabilities ranging from mild to profound hearing loss. Persons with Mental Retardation those with significant subaverage general intellectual functioning which originates during the developmental period, existing concurrently with deficits in adaptive behavior like maturation, learning and social adjustment. Persons with Visual Impairment those with visual disabilities ranging from partial to total loss of vision. Physiatrist a doctor of medicine with specialized training in

rehabilitation medicine. Prevocational Skills refer to preparatory activities designed to equip the learner with readiness skills for formal vocational training. Private Practitioner Physicians, physiatrist, physical therapist, occupational therapist, speech therapist, psychologist, and other professionals engaged in private practice. Program Modification refers to any adjustments in the educational program and/or services for learners with special needs in order to facilitate their learning. Modifications and adjustments may be done in such aspects as classroom program, services and facilities, class schedule, curricular scope and sequence, teaching objectives, teaching strategies, instructional materials, facilities and equipment. Psychosocial comes from the words psychological and social; inter-relationship of the psychological aspects pertaining to the thoughts, feelings, reactions, behavior of a person with the social aspects pertaining to the situation circumstances, events, relationships, other people which influence or affect the person sometimes to the point of causing distress. Public Transportation means transportation by air, land and sea that provides the public with general or special service on a regular and continuing basis. Public Transport Facilities shall defined as utilities of public transport operators engaged in the transportation of passengers on land, air and water, with or without fixed route of any class or service. Facilities shall include, among others, the conveyances, terminals, and other areas where people converge to wait for such conveyances. Qualified Individual with a Disability shall mean an individual with disability who, with or without reasonable accommodations, can perform the essential functions of the employment position that such individuals holds or desires. However, consideration shall be given to the employers judgment as to

what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicant for the job, this description shall be considered evidence of the essential functions of the job. Quality Education a learning process that makes the individual a better person and prepares him to cope with rapid social change with appropriate skills and positive values leading to productive and meaningful life as responsible citizen. Readily Achievable means a goal can be easily attained and carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include

1. the natural and cost of the action; 2. the overall financial resources of the
facility of facilities involved in the action; the number of persons employed at such facility; the effect on expense and resources, or the impact otherwise of such action upon the operation of the facility the overall financial resources of the covered entity with respect to the number of its employees; the number; type and location of its facilities; and the type of operations of the covered entity, including the composition, structure and functions of the work force of such entity; the geographic separateness, administrative or fiscal relationship of the facility or facilities in question to the covered entity;

3.

4.

Reasonable Accommodations includes

1. improvement of existing facilities used

any employees in order to render these readily accessible to and usable by disabled persons; and modification of work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustments or modifications of examinations, training materials or company policies, rules and regulations, the provision of auxiliary

2.

aids and services, and other similar accommodations for disabled persons. Rehabilitation - an integrated approach to physical, psychosocial, cultural, spiritual, educational, or vocational measures that create conditions for the individual to attain the highest possible level of functional ability. Research on Special Problems studies conducted on special education and related aspects such as: (a) conducted curriculum for particular types of competencies, learners with special needs, (b) teaching strategies, (c) teachers competencies, (d) materials development, (e) nature and needs of particular types of learners with special needs, (f) assessment of learners with special needs, (g) programs and services and (h) adaptation in facilities and equipment. Sheltered Employment means the provision of productive work for disabled persons through workshops providing special facilities, incomeproducing projects or home works schemes with a view of giving the disabled the opportunity to earn a living thus enabling them to acquire a working capacity required in open industry. Sheltered Workshop refers to the places with special facilities for disabled workers, where income producing projects or homework schemes are available for the disabled to earn a living and acquire a working capacity required in open industry. Social Barriers refer to the characteristics of institutions, whether legal, economic, cultural, recreational or other, any human group, community, or society which limit the fullest possible participation of disabled persons in the life of the group. Social barriers include negative attitudes, which tend to single out and exclude disabled persons and which distort roles and inter-personal relationships. Special Class refers to a class generally for one type of a learner with special needs organized within the regular school and taught by a SPED teacher. Special Education (SPED) the type of education specifically designed for learners with special needs who can not profit maximally from regular education such that

they require trained personnel, modifications in the caracula, teaching methods, instructional materials and adaptations in facilities and equipment. Special Education Needs take the form of the need for one or more of the following: (a) the provision of special means of access to the curriculum through special equipments, facilities or resources, modification of the physical environment or specialized teaching techniques; (b) provision of a special or modified curriculum; (c) particular attention to the social structure and emotional climate in which education takes place (UNESCO), World Education Report, 1991) Special Education Teacher professionally trained educators teaching learners with special needS.

BATAS PAMBANSA BLG. 232

September 11, 1982

AN ACT PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF AN INTEGRATED SYSTEM OF EDUCATION I. GENERAL PROVISIONS CHAPTER 1 Preliminary Matters Section 1. Title - This Act shall be known as the "Education Act of 1982." Section 2. Coverage - This Act shall apply to and govern both formal and non-formal systems in public and private schools in all levels of the entire educational system. CHAPTER 2 Declaration of Basic State Policy and Objectives Section 3. Declaration of Basic Policy - It is the policy of the State to established and maintain a complete, adequate and integrated system of education relevant to the goals of national development. Toward this end, the government shall ensure, within the context of a free and democratic system, maximum contribution of the educational system to the attainment of the following national developmental goals: 1. To achieve and maintain an accelerating rate of economic development and social progress; 2. To ensure the maximum participation of all the people in the attainment and enjoyment of the benefits of such growth; and

3. To achieve and strengthen national unity and consciousness and preserve, develop and promote desirable cultural, moral and spiritual values in a changing world. The State shall promote the right of every individual to relevant quality education, regardless of sex, age, creed, socio-economic status, physical and mental conditions, racial or ethnic origin, political or other affiliation. The State shall therefore promote and maintain equality of access to education as well as the enjoyment of the benefits of education by all its citizens. The state shall promote the right of the nation's cultural communities in the exercise of their right to develop themselves within the context of their cultures, customs, traditions, interest and belief, and recognizes education as an instrument for their maximum participation in national development and in ensuring their involvement in achieving national unity. Section 4. Declaration of Objectives - The educational system aim to: 1. Provide for a broad general education that will assist each individuals in the peculiar ecology of his own society, to (a) attain his potentials as a human being; (b) enhance the range and quality of individual and group participation in the basic functions of society; and (c) acquire the essential educational foundation of his development into a productive and versatile citizen; 2. Train the nation's manpower in the middle-level skills for national development; 3. Develop the profession that will provide leadership for the nation in the advancement of knowledge for improving the quality of human life; and 4. Respond effectively to changing needs and conditions of the nation through a system of educational planning and evaluation. Towards the realization of these objectives, and pursuant to the Constitution, all educational institutions shall aim to inculcate love of country, teach the duties of citizenship, and develop moral character, personal discipline, and scientific, technological, and vocational efficiency. Furthermore, the educational system shall reach out to educationally deprived communities, in order to give meaningful reality to their membership in the national society, to enrich their civic participation in the community and national life, and to unify all Filipinos into a free and just nation.

II. THE EDUCATIONAL COMMUNITY CHAPTER 1 Preliminary Provisions

Section 5. Declaration of Policy and Objectives - It is likewise declared government policy to foster, at all times, a spirit of shared purposes and cooperation among the members and elements of the educational community, and between the community and other sectors of society, in the realization that only in such an atmosphere can be true goals and objectives of education be fulfilled. Moreover, the State shall: 1. Aid and support the natural right and duty of parents in the rearing of the youth through the educational system. 2. Promote and safeguard the welfare and interest of the students by defining their rights and obligations, according them privileges, and encouraging the establishment of sound relationships between them and the other members of the school community. 3. Promote the social economic status of all school personnel, uphold their rights, define their obligations, and improve their living and working conditions and career prospects. 4. Extend support to promote the viability of those institutions through which parents, students and school personnel seek to attain their educational goals. Section 6. Definition and Coverage - "Educational community" refers to those persons or groups of persons as such or associated in institutions involved in organized teaching and learning systems. The members and elements of the educational community are: 1. "Parents" or guardians or the head of the institution or foster home which has custody of the pupil or student. 2. "Students," or those enrolled in and who regularly attend and educational institution of secondary or higher level of a person engaged in formal study. "Pupils," are those who regularly attend a school of elementary level under the supervision and tutelage of a teacher. 3 "School personnel," or all persons working for an educational institution, which includes the following: a. "Teaching or academic staff," or all persons engaged in actual teaching and/or research assignments, either on full-time or part-time basis, in all levels of the educational system. b. "School administrators," or all persons occupying policy implementing positions having to do with the functions of the school in all levels. c. "Academic non-teaching personnel," or those persons holding some academic qualifications and performing academic functions directly supportive of teaching, such as registrars, librarians, research assistants, research aides, and similar staff. d. "Non-academic personnel," or all other school personnel not falling under the definition and coverage of teaching and academic staff, school administrators and academic non-teaching personnel. 4. "Schools," or institutions recognized by the State which undertake educational operations.

Section 7. Community Participation. - Every educational institution shall provide for the establishment of appropriate bodies through which the members of the educational community may discuss relevant issues, and communicate information and suggestions for assistance and support of the school and for the promotion of their common interest. Representatives from each subgroup of the educational community shall sit and participate in these bodies, the rules and procedures of which must be approved by them and duly published. CHAPTER 2 Rights Section 8. Rights of Parents - In addition to other rights under existing laws, all parents who have children enrolled in a school have the following rights: 1. The right to organize by themselves and/or with teachers for the purpose of providing a forum for the discussion of matters relating to the total school program, and for ensuring the full cooperation of parents and teachers in the formulation and efficient implementation of such programs. 2. The right to access to any official record directly relating to the children who are under their parental responsibility. Section 9. Right of Students in School - In addition to other rights, and subject to the limitation prescribed by law and regulations, and student and pupils in all schools shall enjoy the following rights: 1. The right to receive, primarily through competent instruction, relevant quality education in line with national goals and conducive to their full development as person with human dignity. 2. The right to freely chose their field of study subject to existing curricula and to continue their course therein up to graduation, except in cases of academic deficiency, or violation of disciplinary regulations. 3. The right to school guidance and counseling services for decisions and selecting the alternatives in fields of work suited to his potentialities. 4. The right of access to his own school records, the confidentiality of which the school shall maintain and preserve. 5. The right to the issuance of official certificates, diplomas, transcript of records, grades, transfer credentials and other similar documents within thirty days from request. 6. The right to publish a student newspaper and similar publications, as well as the right to invite resource persons during assemblies, symposia and other activities of similar nature. 7. The right to free expression of opinions and suggestions, and to effective channels of communication with appropriate academic channels and administrative bodies of the school or institution.

8. The right to form, establish, join and participate in organizations and societies recognized by the school to foster their intellectual, cultural, spiritual and physical growth and development, or to form, establish, join and maintain organizations and societies for purposes not contrary to law. 9. The right to be free from involuntary contributions, except those approved by their own he organizations or societies. Section 10. Rights of all School Personnel - In addition to other rights provided for by law, the following rights shall be enjoyed by all school personnel: 1. The right to free expression of opinion and suggestions, and to effective channels of communication with appropriate academic and administrative bodies of the school or institution. 2. The right to be provided with free legal service by the appropriate government office in the case of public school personnel, and through the school authorities concerned in the case of private school personnel, when charged in an administrative, civil and/or criminal proceedings by parties other than the school or regulatory authorities concerned for actions committed directly in the lawful discharge of professional duties and/or in defense of school policies. 3. The right to establish, join and maintain labor organizations and/or professional and selfregulating organizations of their choice to promote their welfare and defend their interests. 4. The right to be free from involuntary contributions except those imposed by their own organizations. Section 11. Special Rights and/or Privileges of Teaching or Academic Staff - Further to the rights mentioned in the preceding Section, every member of the teaching or academic staff shall enjoy the following rights and/or privileges: 1. The right to be free from compulsory assignments not related to their duties as defined in their appointments or employment contracts, unless compensated therefor, conformably to existing law. 2. The right to intellectual property consistent with applicable laws. 3. Teachers shall be deemed persons in authority when in the discharge of lawful duties and responsibilities, and shall, therefore, be accorded due respect and protection. 4. Teachers shall be accorded the opportunity to choose alternative career lines either in school administration, in classroom teaching, or others, for purposes of career advancement. Section 12. Special Rights of School Administration - School administrators shall, in accordance with existing laws, regulations and policies of the Ministry of Education, Culture and Sports, be accorded sufficient administrative discretion necessary for the efficient and effective performance of their functions. School administrators shall be deemed persons in authority while in the discharge of lawful duties and responsibilities, and shall therefore be accorded due respect and protection.

Section 13. Rights of Schools - In addition to other rights provided for by law, schools shall enjoy the following: 1. The right of their governing boards or lawful authorities to provide for the proper governance of the school and to adopt and enforce administrative or management systems. 2. The right for institutions of higher learning to determine on academic grounds who shall be admitted to study, who may teach, and what shall be subjects of the study and research. CHAPTER 3 Duties and Obligations Section 14. Duties of Parents. - In addition to those provided for under existing laws, all parents shall have the following duties and obligations: 1. Parents, individually or collectively, through the school systems, shall help carry out the educational objectives in accordance with national goals. 2. Parents shall be obliged to enable their children to obtain elementary education and shall strive to enable them to obtain secondary and higher education in the pursuance of the right formation of the youth. 3. Parents shall cooperate with the school in the implementation of the school program curricular and co-curricular. Section 15. Duties and Responsibilities of Students - In addition to those provided for under existing laws, every student shall: 1. Exert his utmost to develop his potentialities for service, particularly by undergoing an education suited to his abilities, in order that he may become an asset to his family and to society. 2. Uphold the academic integrity of the school, endeavor to achieve academic excellence and abide by the rules and regulations governing his academic responsibilities and moral integrity. 3. Promote and maintain the peace and tranquility of the school by observing the rules and discipline, and by exerting efforts to attain harmonious relationships with fellow students, the teaching and academic staff and other school personnel. 4. Participate actively in civic affairs and in the promotion of the general welfare, particularly in the social, economic and cultural development of his community and in the attainment of a just, compassionate and orderly society. 5. Exercise his rights responsibly in the knowledge that he is answerable for any infringement or violation of the public welfare and of the rights of others. Section 16. Teacher's Obligations - Every teacher shall: 1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy, goals, and objectives of the school.

2. Be accountable for the efficient and effective attainment of specified learning objectives in pursuance of national development goals within the limits of available school resources. 3. Render regular reports on performance of each student and to the latter and the latter's parents and guardians with specific suggestions for improvement. 4. Assume the responsibility to maintain and sustain his professional growth and advancement and maintain professionalism in his behavior at all times. 5. Refrain from making deductions in students' scholastic rating for acts that are clearly not manifestations of poor scholarship. 6. Participate as an agent of constructive social, economic, moral, intellectual, cultural and political change in his school and the community within the context of national policies. Section 17. School Administrators' Obligations - Every school administrator shall: 1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy, goals and objectives of the school. 2. Be accountable for the efficient and effective administration and management of the school. 3. Develop and maintain a healthy school atmosphere conducive to the promotion and preservation of academic freedom and effective teaching and learning, and to harmonious and progressive school-personnel relationship. 4. Assume and maintain professional behavior in his work and in dealing with students, teachers, academic non-teaching personnel, administrative staff, and parents or guardians. 5. Render adequate reports to teachers, academic non-teaching personnel and nonacademic staff on their actual performance in relation to their expected performance and counsel them on ways of improving the same. 6. Observe due process, fairness, promptness, privacy, constructiveness and consistency in disciplining his teachers and other personnel. 7. Maintain adequate records and submit required reports to the Ministry of Education, Culture and Sports. Section 18. Obligations of Academic Non-Teaching Personnel - Academic non-teaching personnel shall: 1. Improve himself professionally be keeping abreast of the latest trends and techniques in his profession. 2. Assume, promote and maintain an atmosphere conducive to service and learning. 3. Promote and maintain an atmosphere conducive to service and learning.

III. THE EDUCATIONAL SYSTEMS CHAPTER 1 Formal Education Section 19. Declaration of Policy. - The State recognizes that formal education, or the school system, in society's primary learning system, and therefore the main instrument for the achievement of the country's educational goals and objectives. Section 20. Definition - "Formal Educational" refers to the hierarchically structured and chronologically graded learning organized and provided by the formal school system and for which certification is required in order for the learner to progress through the grades or move to higher levels. Formal education shall correspond to the following levels: 1. Elementary Education. - the first stage of compulsory, formal education primarily concerned with providing basic education and usually corresponding to six or seven grades, including pre-school programs. 2. Secondary Education. - the state of formal education following the elementary level concerned primarily with continuing basic education and expanding it to include the learning of employable gainful skills, usually corresponding to four years of high school. 3. Tertiary Education. - post secondary schooling is higher education leading to a degree in a specific profession or discipline. Section 21. Objectives of Elementary Education - The objectives of elementary education are: 1. To provide the knowledge and develop the skills, attitudes, and values essential to personal development and necessary for living in and contributing to a developing and changing social milieu; 2. To provide learning experiences which increase the child's awareness of and responsiveness to the changes in and just demands of society and to prepare him for constructive and effective involvement; 3. To promote and intensify the child's knowledge of, identification with, and love for the nation and the people to which he belongs; and 4. To promote work experiences which develop the child's orientation to the world of work and creativity and prepare himself to engage in honest and gainful work. Section 22. Objectives of Secondary Education. - The objectives of secondary education are: 1. To continue to promote the objectives of elementary education; and 2. To discover and enhance the different aptitudes and interests of the students so as to equip him with skills for productive endeavor and/or prepare him for tertiary schooling.

Section 23. Objective of Tertiary Education. - The objectives of tertiary education are: 1. To provide a general education program that will promote national identity, cultural consciousness, moral integrity and spiritual vigor; 2. To train the nation's manpower in the skills required for national development; 3. To develop the professions that will provide leadership for the nation; and 4. To advance knowledge through research work and apply new knowledge for improving the quality of human life and responding effectively to changing societal needs and conditions. CHAPTER 2 Non-Education and Specialized Educational Services Section 24. Specialized Educational Service - The State further recognizes its responsibility to provide, within the context of the formal education system, services to meet special needs of certain clientele. These specific types, which shall be guided by the basic policies of the State embodied in the General Provisions of this Act, include: 1. "Work Education," or "Practical Arts," as a program of basic education which aims to develop the right attitudes towards work; and "technical-vocational education," postsecondary but non-degree programs leading to one, two, or three year certificates in preparation for a group of middle-level occupations. 2. "Special Education," the education of persons who are physically, mentally, emotionally, socially, or culturally different from the so-called "normal" individuals that they require modification of school practices/services to develop them to their maximum capacity; and 3. "Non-formal Education," any organized school-based educational activities undertaken by the Ministry of Education, Culture and Sports and other agencies aimed at attaining specific learning objectives for a particular clientele, especially the illiterates and the out-of-school youth and adults, distinct from and outside the regular offerings of the formal school system. The objectives of non-formal education are as follows: a. To eradicate illiteracy and raise the level of functional literacy of the population; b. To provide unemployed and underemployed youth and adults with appropriate vocational/technical skills to enable them to become more productive and effective citizens; and c. To develop among the clientele of non-formal education proper values and attitudes necessary for personal, community and national development. CHAPTER 3 Establishment of Schools Section 25. Establishment of Schools - All schools shall be established in accordance with law. The establishment of new national schools and the conversion of existing schools from elementary to national secondary or tertiary schools shall be by law: Provided, That any private school proposed to

be established must incorporate as an non-stock educational corporation in accordance with the provisions of the Corporation Code of the Philippines. This requirement to incorporate may be waived in the case of family-administered pre-school institutions. Government assistance to such schools for educational programs shall be used exclusively for that purpose. Section 26. Definition of Terms - The terms used in this Chapter are defined as follows: 1. "Schools" are duly established institutions of learning or educational institutions. 2. "Public Schools" are educational institutions established and administered by the government. 3. "Private Schools" are educational institutions maintained and administered by private individuals or groups. Section 27. Recognition of Schools - The educational operations of schools shall be subject to their prior authorization of the government, and shall be affected by recognition. In the case of government operated schools, whether local, regional, or national, recognition of educational programs and/or operations shall be deemed granted simultaneously with establishment. In all other case the rules and regulations governing recognition shall be prescribed and enforced by the Ministry of Education, Culture and Sports defining therein who are qualified to apply, providing for a permit system, stating the conditions for the grant of recognition and for its cancellation and withdrawal, and providing for related matters. Section 28. Effects of Recognition; Punishable Violations - The issuance of a certificate of recognition to a school shall have the following effects: 1. It transforms the temporary permit to a permanent authority to operate; 2. It entitled the school or college to give the students who have completed the course for which recognition is granted, a certificate, title or diploma; and 3. It shall entitle the students who have graduated from said recognized course or courses to all the benefits and privileges enjoyed by graduates in similar courses of studies in all schools recognized by the government. Operation of schools and educational programs without authorization, and/or operation thereof in violation of the terms of recognition, are hereby declared punishable violations subject to the penalties provided in this Act. Section 29. Voluntary Accreditation - The Ministry shall encourage programs of voluntary accreditation for institution which desire to meet standards of quality over and above minimum required for State recognition. CHAPTER 4 Internal Organization of Schools

Section 30. Organization of Schools - Each school shall establish such internal organization as will best enable it to carry out its academic and administrative functions, subject to limitations provided by law. Each school establish such arrangements for the peaceful settlement of disputes between or among the members of the educational community. Section 31. Governing Board - Every government college or university as a tertiary institution and every private school shall have a governing board pursuant to its charter or the Corporation Code of the Philippines, as the case may be. Section 32. Personnel Transactions - The terms and conditions of employment of personnel in government schools shall be governed by the Civil Service, budgetary and compensation laws and rules. In private schools, dispute arising from employer-employee relations shall fall under the jurisdiction of the Ministry of Labor and Employment as provided for by law regulations: Provided, That in view of the special employment status of the teaching and academic non-teaching personnel, and their special roles in the advancement of knowledge, standards set or promulgated jointly by the Ministry of Education, Culture and Sports and by the Ministry of Labor and Employment shall be applied by the Ministry of Labor and Employment: Provided, further, That every private school shall establish and implement an appropriate system within the school for the prompt and orderly settlement of provisions of Articles 262 and 263 of the Labor Code. CHAPTER 5 School Finance and Assistance Section 33. Declaration of Policy - It is hereby declared to be the policy of the State that the national government shall contribute to the financial support of educational programs pursuant to goals of education as declared in the Constitution. Towards this end, the government shall: 1. Adopt measures to broaden access to education through financial assistance and other forms of incentives to schools, teachers, pupils and students; and 2. Encourage and stimulate private support to education through, inter alia, fiscal and other assistance measures. A. FUNDING OF REPUBLIC SCHOOLS Section 34. National Funds - Public school shall continue to be funded from national funds: Provided, That local governments shall be encouraged to assume operation of local public schools on the basis of national fund participation and adequate revenue sources which may be assigned by the national government for the purpose. Section 35. Financial Aid Assistance to Public Secondary Schools - The national government shall extend financial aid and assistance to public secondary schools established and maintained by local governments, including barangay high schools. Section 36. Share of Local Government - Provinces, cities and municipalities and barangays shall appropriate funds in their annual budgets for the operation and maintenance of public secondary schools on the basis of national fund participation.

Section 37. Special Education Fund - The proceeds of the Special Education Fund accruing to local governments shall be used exclusively for the purposes enumerated in Section 1 of Republic Act No. 5447, and in accordance with rules and regulations issued by the Ministry of Education, Culture and Sports and the Ministry of the Budget. Said proceeds shall be considered a local fund and shall be subject to Presidential Decrees No. 477, Presidential Decree No. 1375 and other applicable local budget laws and regulations. Section 38. Tuition and other School Fees - Secondary and post-secondary schools may charge tuition and other school fees, in order to improve facilities or to accommodate more students. Section 39. Income from other Sources - Government-supported educational institution may receive grants, legacies, donations and gifts for purposes allowed by existing laws. Furthermore, income generated from production activities and from auxiliary enterprises may be retained and used for schools concerned in accordance with rules and regulations jointly issued consistently with pertinent appropriation and budgetary laws by the Ministry of the Budget, the Ministry of Education, Culture and Sports and the Commission on Audit. B. FUNDING OF PRIVATE SCHOOLS Section 40. Funding of Private Schools - Private schools may be funded from their capital investment or equity contributions, tuition fees and other school charges, grants, loans, subsidies, passive investment income and income from other sources. Section 41. Government Assistance - The government, in recognition of their complementary role in the educational system, may provide aid to the programs of private schools in the form of grants or scholarships, or loans from government financial institutions: Provided, That such programs meet certain defined educational requirements and standards and contribute to the attainment of national development goals. Section 42. Tuition and Other Fees - Each private school shall determine its rate of tuition and other school fees or charges. The rates and charges adopted by schools pursuant to this provision shall be collectible, and their application or use authorized, subject to rules and regulations promulgated by the Ministry of Education, Culture and Sports. Section 43. Income from Other Sources - Any private school duly recognized by the government, may receive any grant and legacy, donation, gift, bequest or devise from any individual, institution, corporation, foundation, trust of philanthropic organization, or research institution or organization as may be authorized by law. Furthermore, private schools are authorized to engage in any auxiliary enterprise to generate income primarily to finance their educational operations and/or to reduce the need to increase students' fees. Section 44. Institutional Funds - The proceeds from tuition fees and other school charges, as well as other income of schools, shall be treated as institutional funds. Schools may pool their institutional funds, in whole or in part, under joint management for the purpose of generating additional financial resources. C. INCENTIVES TO EDUCATION

Section 45. Declaration of Policy - It is the policy of the State in the pursuit of its national education development goals to provide an incentive program to encourage the participation of the community in the development of the educational sector. Section 46. Relating to School Property - Real property, such as lands, buildings and other improvements thereon used actually, directly and exclusively for educational purposes shall be subject to the real property tax based on an assessment of fifteen per cent of the market value of such property: Provided, That all the proceeds from the payment thereof shall accrue to a special private education fund which shall be managed and disbursed by a local private school board which shall be constituted in each municipality or chartered city with private educational institutions with the mayor or his representative as chairman and not more than two representatives of the institutional taxpayers, and, likewise, not more than two residents of the municipality or chartered city who are alumni of any of the institutional taxpayers as members: Provided, further, That fifty percent of the additional one percent tax on real estate property provided for under Republic Act 5447, shall accrue to the special private education fund: Provided, finally, That in municipalities or chartered cities wherein the number of private institutions with individual enrollment of pupils and students over five thousand exceeds fifteen, the members of the private school board shall be increased to not more than fourteen members determined proportionately by the Minister of Education, Culture and Sports. The private school board shall adopt its own rules which shall enable it to finance the annual programs and projects of each institutional taxpayer for the following purposes; student-pupil scholarships; improvement of instructional, including laboratory, facilities and/or equipment; library books and periodicals acquisition; and extension service in the community, in that order of priority. Section 47. Relating to Gifts or Donations to Schools - All gifts or donation in favor of any school, college or university recognized by the Government shall not be subject to tax; Provided, That such gifts or donations shall be for improvement of classrooms and laboratory of library facilities, and shall not inure to the benefit of any officer, director, official, or owner or owners of the school, or paid out as salary, adjustments or allowance of any form or nature whatsoever, except in support of faculty and/or professorial chairs. Section 48. Relating to Earnings from Established Scholarship Funds - All earnings from the investment of any duly established scholarship fund of any school recognized by the government, constituted from gifts to the school, and/or from contributions or other resources assigned to said fund by the school, if said earnings are actually used to fund additional scholarship grants to financially deserving students shall be exempt from tax until the scholarship fund is fully liquidated, when the outstanding balance thereof shall be subject to tax. Section 49. School Dispersal Program - All gains realized from the sale, disposition or transfer of property, real or personal, of any duly established private school, college or university, in pursuance of a school dispersal program of the government or of the educational institution as approved by the government, shall be considered exempt from tax if the total proceeds of the sale are reinvested in a new or existing duly established school, college, or university located in the dispersal site, within one (1) year from the date of such sale, transfer or disposition; otherwise, all taxes due on the gains realized from the transaction shall immediately become due and payable. Section 50. Conversion to Educational Foundations - An educational institution may convert itself into a non-stock, non-profit educational foundation, in accordance with the implementing rules to be issued jointly by the Ministry of Education, Culture and Sports and the Ministry of Finance. In the case of stock corporations, if for any reason its corporate existence as an educational institution ceases and is not renewed, all its net assets after liquidation of the liabilities and other obligations may be conveyed and transferred to any non-profit educational institution or successor

non-profit educational institution or to be used in such manner as in the judgment of said court will best accomplish the general purposes for which the dissolved organization was organized, or to the State. D. ASSISTANCE TO STUDENTS Section 51. Government Assistance to Students - The government shall provide financial assistance to financially disadvantaged and deserving students. Such assistance may be in the form of State scholarships, grants-in-aid, assistance from the Educational Loan Fund, or subsidized tuition rates in State colleges and universities. All the above and similar assistance programs shall provide for reserve quotas for financially needed but academically qualified students from the national cultural communities. Section 52. Grant of Scholarship Pursuant to Existing Laws - Educational institutions shall be encouraged to grant scholarships to students pursuant to the provisions of existing laws and such scholarship measures as may hereafter be provided for by law. Section 53. Assistance from the Private Sector - The private sector, especially educational institutions, business and industry, shall be encouraged to grant financial assistance to students, especially those undertaking research in the fields of science and technology or in such projects as may be necessary within the context of national development.

IV. THE MINISTRY OF EDUCATION, CULTURE AND SPORTS CHAPTER 1 GENERAL PROVISIONS Section 54. Declaration of Policy - The administration of the education system and, pursuant to the provisions of the Constitution, the supervision and regulation of educational institutions are hereby vested in the Ministry of Education, Culture and Sports, without prejudice to the provisions of the charter of any state college and university. Section 55. Organization - The Ministry shall be headed by the Minister of Education, Culture and Sports who shall be assisted by one or more Deputy Ministers. The organization of the Ministry shall consist of (a) the Ministry Proper composed of the immediate Office of the Minister, and the Services of the Ministry, (b) the Board of Higher Education, which is hereby established, (c) the Bureau of Elementary Education, the Bureau of Secondary Education, the Bureau of Higher Education, the Bureau of Technical and Vocational Education, and the Bureau of Continuing Education, which are hereby established, (d) Regional offices and field offices, (e) the National Scholarship Center and such other agencies as are now or may be established pursuant to law, and (f) the cultural agencies, namely: the National Library, the National Historical Institute, the National Museum, and the Institute of National Language. Such of the above offices as are created or authorized to be established under this provision, shall be organized and staffed and shall function, subject to the approval of the President, upon recommendation of the Minister of Education, Culture and Sports in consultation with the Presidential Commission on Reorganization.

Section 56. The National Board of Education is hereby abolished, and its appropriations, personnel, records, and equipment are hereby transferred to the Office of the Minister of Education, Culture and Sports. Section 57. Functions and Powers of the Ministry - The Ministry shall: 1. Formulate general education objectives and policies, and adopt long-range educational plans; 2. Plan, develop and implement programs and projects in education and culture; 3. Promulgate rules and regulations necessary for the administration, supervision and regulation of the educational system in accordance with declared policy; 4. Set up general objectives for the school system; 5. Coordinate the activities and functions of the school system and the various cultural agencies under it; 6. Coordinate and work with agencies concerned with the educational and cultural development of the national cultural communities; and 7. Recommend and study legislation proposed for adoption. Section 58. Report to the Batasang Pambansa. - The Minister of Education, Culture and Sports shall make an annual report to the Batasang Pambansa on the implementation of the national basic education plan, the current condition of the education programs, the adequacy or deficiency of the appropriations and status of expenditures, the impact of education on the different regions, the growth of enrollment, the adequacy of academic facilities, the concentration of low income groups, or the supply of teaching and non-teaching personnel, with such comments and appropriate recommendations thirty (30) days before the opening of its regular session. CHAPTER 2 BOARD OF HIGHER EDUCATION Section 59. Declaration of Policy - Higher education will be granted towards the provision of better quality education, the development of middle and high-level manpower, and the intensification of research and extension services. The main thrust of higher education is to achieve equity, efficiency, and high quality in the institutions of higher learning both public and private, so that together they will provide a complete set of program offerings that meet both national and regional development needs. Section 60. Organization of the Board of Higher Education - The Board of Higher Education is reconstituted as an advisory body to the Minister of Education, Culture and Sports. The Board shall be composed of a Deputy Minister of Education, Culture and Sports designated as Chairman and four other members to be appointed by the President of the Philippines upon nomination by the Minister of Education, Culture and Sports for a term of four years. The four members shall have distinguished themselves in the field of higher education and development either in the public or private sector. In the initial appointment of the non-ex officio members, the first appointee shall serve for a term of four years; the second for a term of three years; the third for a term of two years; and the fourth for a term of one year. The Director of the Bureau of Higher Education shall participate in

the deliberation of the Board but without the right to vote. The Bureau of Higher Education shall provide the Board with the necessary technical and staff support: Provided, That the Board may create technical panels of experts in the various disciplines as the need arises. Section 61. Function of the Board of Higher Education. - The Board shall: 1. Make policy recommendations regarding the planning and management of the integrated system of higher education and the continuing evaluation thereof. 2. Recommend to the Minister of Education, Culture and Sports steps to improve the governance of the various components of the higher education system at national and regional levels. 3. Assist the Minister of Education, Culture and Sports in making recommendation relatives to the generation of resources and their allocation for higher education. CHAPTER 3 THE BUREAUS Section 62. Bureau of Elementary Education - The Bureau shall perform the following functions: 1. Conduct studies and formulate, develop, and evaluate programs and educational standards for elementary education; 2. Undertake studies necessary for the preparation of prototype curricular designs, instructional materials, and teacher training programs for elementary education; and 3. Formulate guidelines to improve elementary school physical plants and equipment, and general management of these schools. Section 63. Bureau of Secondary Education - The Bureau shall perform the following functions: 1. Conduct studies and formulate, develop and evaluate programs and educational standards for secondary education; 2. Develop curricular designs, prepare instructional materials, and prepare and evaluate programs to update the quality of the teaching and non-teaching staff at the secondary level; 3. Formulate guidelines to improve the secondary school physical plants and equipment, and general management of these schools. Section 64. Bureau of Technical and Vocational Education. - The Bureau shall perform the following: 1. Collaborate with other agencies in the formulation of manpower plans; 2. Conduct studies, formulate, develop and evaluate post-secondary vocational-technical programs and recommend educational standards for these programs;

3. Develop curricular designs and prepare instructional materials, prepare and evaluate programs to upgrade the quality of teaching and non-teaching staff, and formulate guidelines to improve the physical plant and equipment of post-secondary vocational-technical schools. Section 65. Bureau of Higher Education - The Bureau of higher Education shall perform the following functions: 1. Develop, formulate and evaluate programs, projects and educational standards for a higher education; 2. Provide staff assistance to the Board of Higher Education in its policy formulation and advisory functions; 3. Provide technical assistance to encourage institutional development programs and projects; 4. Compile, analyze and evaluate data on higher education; and 5. Perform other functions provided for by law. Section 66. Bureau of Continuing Education - As the main implementing arm of the non-formal education programs of the Ministry, the Bureau shall provide learning programs or activities that shall: 1. Serve as a means of meeting the learning needs of those unable to avail themselves of the educational services and programs of formal education; 2. Provide opportunities for the acquisition of skills necessary to enhance and ensure continuing employability, efficiency, productivity, and competitiveness in the labor market; 3. Serve as a means for expanding access to educational opportunities to citizens of varied interests, demographic characteristics and socio-economic origins or status. CHAPTER 4 REGIONAL OFFICES Section 67. Functions - A regional office shall: 1. Formulate the regional plan of education based on the national plan of the Ministry taking into account the specific needs and special traditions of the region; 2. Implement education laws, policies, plans, programs, rules and regulations of the Ministry or agency in the regional area; 3. Provide economical, efficient and effective education services to the people in the area.

V. MISCELLANEOUS PROVISIONS

CHAPTER 1 PENAL ADMINISTRATIVE SANCTIONS Section 68. Penalty Clause - Any person upon conviction for an act in violation of Section 28, Chapter 3, Title III above, shall be punished with a fine of not less than two thousand pesos (P2,000.00) nor more than ten thousand pesos (P10,000.00) or imprisonment for a maximum period of two (2) years, or both, in the discretion of the court. If the act is committed by a school corporation, the school head together with the person or persons responsible for the offense or violation shall be equally liable. Section 69. Administrative Sanction - The Minister of Education, Culture and Sports may prescribe and impose such administrative sanction as he may deem reasonable and appropriate in the implementing rules and regulations promulgated pursuant to this Act for any of the following causes: 1. Mismanagement of school operations; 2. Gross inefficiency of the teaching or non-teaching personnel; 3. Fraud or deceit committed in connection with the application for Ministry permit or recognition; 4. Failure to comply with conditions or obligations prescribed by this Code or its implementing rules and regulations; and 5. Unauthorized operation of a school or course, or any component thereof, or any violation of the requirement governing advertisements or announcements of educational institutions. Sanctions against the schools shall be without prejudice to the interest of the students, teachers and employees. CHAPTER 2 ADMINISTRATIVE PROVISIONS Section 70. Rule-making Authority - The Minister Education, Culture and Sports charged with the administration and enforcement of this Act, shall promulgate the necessary implementing rules and regulations. Section 71. Separability Provision - Any part or provision of this Act which may held invalid or unconstitutional shall not affect its remaining parts of provisions. Section 72. Repealing Clause - All laws or parts thereof inconsistent with any provision of this Act shall be deemed repealed or modified, as the case may be. Section 73. Effectivity - This Act shall take effect upon its approval. Approved, September 11, 1982. ARTICLE XIII SOCIAL JUSTICE AND HUMAN RIGHTS

Section 1. The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments. Section 2. The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance. LABOR Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law. The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace. The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth. AGRARIAN AND NATURAL RESOURCES REFORM Section 4. The State shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farmworkers who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just compensation. In determining retention limits, the State shall respect the right of small landowners. The State shall further provide incentives for voluntary land-sharing. Section 5. The State shall recognize the right of farmers, farmworkers, and landowners, as well as cooperatives, and other independent farmers' organizations to participate in the planning, organization, and management of the program, and shall provide support to agriculture through appropriate technology and research, and adequate financial, production, marketing, and other support services. Section 6. The State shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their

ancestral lands. The State may resettle landless farmers and farmworkers in its own agricultural estates which shall be distributed to them in the manner provided by law. Section 7. The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of the communal marine and fishing resources, both inland and offshore. It shall provide support to such fishermen through appropriate technology and research, adequate financial, production, and marketing assistance, and other services. The State shall also protect, develop, and conserve such resources. The protection shall extend to offshore fishing grounds of subsistence fishermen against foreign intrusion. Fishworkers shall receive a just share from their labor in the utilization of marine and fishing resources. Section 8. The State shall provide incentives to landowners to invest the proceeds of the agrarian reform program to promote industrialization, employment creation, and privatization of public sector enterprises. Financial instruments used as payment for their lands shall be honored as equity in enterprises of their choice. URBAN LAND REFORM AND HOUSING Section 9. The State shall, by law, and for the common good, undertake, in cooperation with the private sector, a continuing program of urban land reform and housing which will make available at affordable cost, decent housing and basic services to under-privileged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate employment opportunities to such citizens. In the implementation of such program the State shall respect the rights of small property owners. Section 10. Urban or rural poor dwellers shall not be evicted nor their dwelling demolished, except in accordance with law and in a just and humane manner. No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be relocated. HEALTH Section 11. The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. There shall be priority for the needs of the underprivileged, sick, elderly, disabled, women, and children. The State shall endeavor to provide free medical care to paupers. Section 12. The State shall establish and maintain an effective food and drug regulatory system and undertake appropriate health, manpower development, and research, responsive to the country's health needs and problems. Section 13. 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. WOMEN Section 14. The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.

ROLE AND RIGHTS OF PEOPLE'S ORGANIZATIONS Section 15. The State shall respect the role of independent people's organizations to enable the people to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means. People's organizations are bona fide associations of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership, and structure. Section 16. The right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision-making shall not be abridged. The State shall, by law, facilitate the establishment of adequate consultation mechanisms. HUMAN RIGHTS Section 17. 1. There is hereby created an independent office called the Commission on Human Rights. 2. The Commission shall be composed of a Chairman and four Members who must be naturalborn citizens of the Philippines and a majority of whom shall be members of the Bar. The term of office and other qualifications and disabilities of the Members of the Commission shall be provided by law. 3. Until this Commission is constituted, the existing Presidential Committee on Human Rights shall continue to exercise its present functions and powers. 4. The approved annual appropriations of the Commission shall be automatically and regularly released. Section 18. The Commission on Human Rights shall have the following powers and functions: 1. Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights; 2. Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court; 3. Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the under-privileged whose human rights have been violated or need protection; 4. Exercise visitorial powers over jails, prisons, or detention facilities; 5. Establish a continuing program of research, education, and information to enhance respect for the primacy of human rights; 6. Recommend to Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families; 7. Monitor the Philippine Government's compliance with international treaty obligations on human rights; 8. Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority; 9. Request the assistance of any department, bureau, office, or agency in the performance of its functions; 10. Appoint its officers and employees in accordance with law; and 11. Perform such other duties and functions as may be provided by law.

Section 19. The Congress may provide for other cases of violations of human rights that should fall within the authority of the Commission, taking into account its recommendations.