Full TEXT:

ORDINANCE NO. 2020-072

CODIFYING THE POLICIES AND PROGRAMS OF THE CITY OF NAGA ON PERSONS WITH DISABILITIES (PWDs):-

Authored by:
Councilor Elmer S. Baldemoro
Chairman, Sangguniang Panlungsod Committee on Persons with Disabilities

EXPLANATORY NOTE

Persons with disabilities (PWDs), due to the inherent limitations on their mobility and capability, are among the marginalized groups in the society. Thus, in consonance with social justice which provides that those who have less in life should have more in law, it is imperative for the City Government of Naga to provide all the necessary protection and benefits to PWDs.

However, availability of privileges, mechanisms, and systems is not enough; availment must also be emphasized. Awareness on PWD rights must, therefore, be increased and a single document that lays down all the laws that concern the same will greatly help such undertaking. Hence, this PWD Code is being proposed for enactment.

Be it ordained, therefore, by the 13th Sangguniang Panlungsod of the City of Naga that:

TITLE ONE — GENERAL PROVISIONS

CHAPTER I. BASIC PRINCIPLES

SECTION 1. Title. This Act shall be known and cited as the “Persons with Disabilities (PWD) Code of Naga City”.

SECTION 2. Declaration of Policy. The City Government of Naga, in consonance with the Incheon Strategy, hereby adopts the following policies:

a. Reduce poverty and enhance work and employment prospects of PWDs;

b. Promote participation in political processes and in decision-making;

c. Enhance access to physical environment, public transportation, knowledge, information and communication;

d. Strengthen social protection;

e. Expand early intervention and education of children with disabilities;

f. Ensure gender equality and women’s empowerment;

g. Ensure disability-inclusive disaster risk reduction and management;

h. Improve the reliability and comparability of disability data;

i. Accelerate the harmonization of local legislation with national laws and international conventions; and

j. Advance cooperation at all levels of society.

SECTION 3. Coverage. This Ordinance shall cover all PWDs and, to the extent herein provided, departments, offices, and agencies of the City Government of Naga, nongovernment organizations (NGOs), and civil society organizations (CSOs) involved in the attainment of the objectives of this Code.

CHAPTER II. ENHANCED PERSONS WITH DISABILITY IDENTIFICATION CARD (ePWD ID)

SECTION 4. The Enhanced Persons with Disability Identification Card (ePWD ID). To facilitate the efficient delivery of services, privileges, and benefits to PWDs, all PWDs in Naga City are hereby required to register and obtain from the Persons with Disability Affairs Office (PDAO) an Enhanced Persons with Disability Identification Card (ePWD ID).

SECTION 5. Design of ePWD ID. The make and description of the ePWD ID are hereby prescribed in accordance with the national PWD-ID template, to wit:

a. The ePWD-ID shall be made of polyvinyl chloride (PVC) material measuring about five point four (5.4) by eight point five (8.5) centimeters;

b. Its four corners shall be rounded;

c. The front shall be colored per design submitted by the PDAO and duly-approved by the City Mayor;

d. The front shall be landscape-oriented and shall bear:

1. The heading “Republic of the Philippines/City Government of Naga/Persons with Disability Affairs Office;

2. The bearer’s (PWD) photograph;

3. The bearer’s full name first name, middle initial, family name;

4. The bearer’s disability/ies;

5. Philippine Standard Geographic Code (PSGC) with sequential numbering system and Quick Response (QR) Code or Bar Code;

6. The bearer’s signature or thumbmark;

7. The official seals of the City of Naga and PDAO.

e. The back shall be landscape-oriented and shall bear:

1. The bearer’s address, date of birth, sex, civil status, and blood type;

2. The names of persons to notify in case of emergency, together with their addresses and contact numbers;

3. The names and signatures of the PDAO Head, Chairman of the Sangguniang Panlungsod (SP) Committee on PWD, City Vice Mayor, and City Mayor;

4. The issuance date and period of validity of the ID.

f. The front shall have the phrase “VALID ANYWHERE IN THE COUNTRY” and the back shall bear the stipulation “THE HOLDER OF THIS CARD SHALL BE ENTITLED TO TWENTY PERCENT (20%) DISCOUNT AND VAT EXEMPTION ON THE PURCHASE OF CERTAIN GOODS AND SERVICES AS AUTHORIZED BY RA 7277 AS AMENDED BY RA 9442 AND RA 10754 INCLUDING ITS IMPLEMENTING RULES AND REGULATIONS, ANY VIOLATION THEREOF IS PUNISHABLE BY LAW.”

SECTION 6. PWD Database. The PDAO shall be the office primarily charged with the receipt, custody, and processing of applications for ePWD-ID.

The Information Technology Office (ITO), however, is hereby tasked to create and formulate the database profiling system in accordance with the PDAO profiler form. The ITO shall collaborate with the PDAO in creating the software/program that will serve as PWD Database.

SECTION 7. Requirements. In applying for the ePWD-ID, the following documents shall be submitted:

a. Medical Abstract issued by the PWD’s doctor;

b. Medical Certificate issued by an authorized doctor of the City Health Office (CHO) attesting to the applicant’s disability;

c. Valid identification cards (IDs) showing the birthdate and address of the applicant;

d. Barangay Certificate of Residency stating the purpose “For securing ePWD-ID”;

e. Photocopy of birth certificate of the applicant or any public document indicating that the applicant is a Filipino citizen;

f. Photocopy of Naga City Voter’s ID or Voter’s Certification from the Commission on Elections (COMELEC) of the applicant, or of their next of kin in the case of non-ambulatory and minor applicants; and

g. Accomplished PDAO profiler form.

As regards the taking of the applicants’ photographs, all PWDs applying for ePWD-ID, whether they are first time registrants or not, shall do so personally at the PDAO, or at a designated time and accessible place provided by the PDAO, or at the respective barangays.

Community Based Rehabilitation (CBR) Specialists, Barangay Health Workers (BHWs), and Barangay Persons with Disabilities Associations (BAPDA) shall assist in the registration and/or replacement of IDs and in the taking of photographs of PWDs who, because of infirmity, cannot proceed to the PDAO or at the designated places in their respective barangays.

SECTION 8. DOH Guidelines on Categories of PWDs. For the guidance of the City Health Office (CHO), the following guidelines shall be observed in determining the disability of a person:

 

 

 

Categories	Explanation
a. Hearing Disability	Hearing disability refers to inability to hear clearly without hearing aids or totally deaf even with the use of hearing aids. Hearing disability can be divided into the following four levels:
	Degrees of Hearing Loss	Hearing Threshold in Decibels (dB)
	Minimum:	15-30 dB (child)  20-30 dB (adult)
	Medium:	30-60 dB
	Severe:	60-90 dB
	Profound:	greater than 90 dB
b. Vision/Visual Disability	Vision disability refers to blindness on both eyes, or one eye, or limited vision on both eyes, or other permanent vision deficiencies. Vision disability can be divided into the following levels:
	1. Limited vision refers to visual acuity less than $6/18$ and equal to or better than $3/60$ even though with the use of low vision aids or vision field of less than 20 degrees from fixation.
	2. Blind refers to visual acuity less than $3/60$ or vision field of less than 10 degrees from fixation. **less than $3/60$ is counting fingers (CF), hand movement (HM), perception of light (PL), and no-perception of light (NPL)
	3. Other deficiencies related to vision (strictly require ophthalmologist’s assessment)
b. Speech/Communication	Speech disability refers to inability to speak to the point that it results in communication breakdown and inability to be understood by those whom they are interacting with. The condition of inability to speak is permanent and with no healing possibility. For children, the disability should be based on evaluation conducted at the age of five and above. If in doubt, the person should be referred to an otorhinolaryngology.
c. Physical Disability (Due to Chronic and Rare Illnesses)	Chronic illness refers to a group of health conditions that last a long time. It may become worse overtime, may become permanent, or may lead to death. It may cause permanent change to the body and it will certainly affect the person’s quality of life. Rare disease refers to disorders such as inherited metabolic disorders and other diseases with similar rare occurrence recognized by the Department of Health (DOH), upon recommendation of the National Institutes of Health (NIH), but excluding catastrophic (i.e., seriously life threatening, debilitating, or serious and chronic) forms of more frequently occurring diseases. Physical disability refers to loss or permanent deficiency in body organs either due to inability of any body organ that affect how a person carries out basic activities fully. Basic activities refer to self-care, mobility, and changing body positions.Physical deficiencies could happen as a result of injury (trauma) or disease of any body system such as nervous, cardiovascular, respiratory, immune, urinary, digestive, musculoskeletal, reproductive, and others that has resulted in deficiencies. Note: An individual who has suffered from physical impairment but without affecting its functions, such as a missing finger, will not be considered for this registration.
d. Orthopedic Disability	Orthopedic disability refers to permanent deficiency of a physical nature due to bones, joints, tendons, and muscle defects such as post-polio fracture.
e. Intellectual Disability	Intellectual disability is a condition which is especially characterized by impairment of skills that contribute to the overall level of intelligence, i.e. cognitive, language, motor, and social abilities. This refers to brain intelligence that is not in accordance with biological age. Those who are under this group may have Global Development Delay (GDD), Down Syndrome (Trisomy 21), or Intellectual Disability (ID). This category also covers situations wherein the learning capability of the individual is affected such as Autism Spectrum Disorder (ASD) and Attention Deficit Hyperactivity Disorder (ADHD). A medical abstract from the patient’s doctor is required, aside from certification from the CHO.
g. Learning Disability	Learning disabilities do not generally impact on intellectual functioning. Specific learning disabilities include Sensory Processing Disorder (SPD), Language Disorder, Dyslexia, Dyspraxia, Dyscalculia, and Dysgraphia. A medical abstract from the patient’s doctor is required, aside from certification from the CHO.
h. Psychosocial Disability	Mental disability refers to severe mental disease that has affected the individual and rendered him/her either partially or fully incapable of functioning in activities relating to individual and social life.Among the various mental diseases are Serious and Chronic Mental Illnesses, Paranoid Schizophrenia, Personality Disorder (PPD), and other psychotic disorders such as Schizoaffective Disorder (SAD) and Persistent Delusional Disorder (PDD). A medical abstract from the patient’s doctor is required, aside from certification from the CHO.
i. Multiple Disabilities	Multiple disabilities refer to two or more types of disabilities which cannot solely be classified in the above categories. Note: The dominant disability should be identified followed by the secondary or other disabilities (e.g. hearing and visual disabilities, physical and intellectual disabilities, etc.)

SECTION 9. Temporary Disability. Those who have impairments or ailments which can be healed or cured through medical intervention shall not be issued ePWD ID.

A temporary laminated/plastic-coated PWD ID shall instead be given which shall be valid for six (6) months from the date it is issued. Its contents and design shall be similar with that of the ePWD ID, but with the words “TEMPORARY” and “VALID ONLY FOR SIX (6) MONTHS” printed apparently and in boldface on the face of the temporary PWD ID.

SECTION 10. Invalidation of Old PWD IDs. All old laminated/plastic-coated PWD IDs shall be invalidated on 1 January 2021.

The PDAO shall undertake the replacement of old PWD IDs. Replacement of old IDs shall be free of charge.

PWDs applying for replacement of their old PWD IDs shall prepare and submit the required documents.

SECTION 11. Lost ePWD-IDs. PWDs who have lost their PWD IDs must submit an Affidavit of Loss, in addition to the other requirements provided in this Code.

A minimal cost of One Hundred Pesos (P100.00) shall be charged as ePWD-ID Replacement Fee which shall be paid by the applicant, his/her relative, or his/her duly-authorized representative to the City Treasurer’s Office (CTO).

SECTION 12. Processing Period. The entitlements of PWDs are privileges, not rights. Thus, they are only demandable upon fulfillment of the requirements set forth in the laws that created them. Hence, ePWD-ID Cards shall be issued only after compliance with the requirements set forth in this Code.

As much as possible, the PDAO shall make the ePWD-ID available on the day of successful application. At most, the PDAO shall issue the ePWD-ID of not more than seven (7) working days, reckoned from the time of successful application.

SECTION 13. Validity. The ePWD-ID shall be valid for three (3) years from the date it is issued. It shall be renewed upon expiration.

Renewal of ePWD-ID shall be free of charge, provided that the old ePWD-ID is surrendered to the PDAO.

SECTION 14. Benefits of ePWD-ID Bearers. Only PWDs who are bearers of ePWD-ID shall be entitled to the privileges being provided by the City Government of Naga to PWDs.

SECTION 15. Migrants. In accordance with the elementary rules and basic principles laid down in R.A. No. 7160, otherwise known as the “Local Government Code of 1991”, only residents and registered voters of Naga City are entitled to the ePWD-ID. Hence, PWDs who have transferred residence to Naga City may only apply for an ePWD-ID if they or their parents or their next of kin become registered voters of the City of Naga.

TITLE TWO — RIGHTS AND PRIVILEGES OF PERSONS WITH DISABILITIES

CHAPTER I. EMPLOYMENT AND LIVELIHOOD

SECTION 16. Equal Opportunity for Employment. No PWDs shall be denied access to opportunities for suitable employment. A qualified disabled employee shall be subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives, or allowances as a qualified able-bodied person.

All efforts shall be exerted to ensure that at least two percent (2%) of all positions in the city government are occupied by PWDs. Private enterprises and Barangay Governments are highly encouraged to hire PWDs, to comprise at least one percent (1%) of their total workforce.

SECTION 17. Sheltered Employment. If suitable employment for PWDs cannot be found through open employment, the City Government of Naga, in partnership with national government agencies (NGAs) and private entities, shall endeavor to provide it by means of sheltered employment. In the placement of PWDs in sheltered employment, it shall accord due regard to the individual qualities, vocational goals, and inclinations to ensure a good working atmosphere and efficient production.

SECTION 18. Apprenticeship. Subject to the provision of the Labor Code as amended, PWDs shall be eligible as apprentices or learners; Provided, That their handicap is not much as to effectively impede the performance of job operations in the particular occupation for which they are hired; Provided, further, That after the lapse of the period of apprenticeship if found satisfactory in the job performance, they shall be eligible for employment.

SECTION 19. Incentives for Employers. To encourage the active participation of the private sector in promoting the welfare of PWDs and to ensure gainful employment for qualified PWDs, adequate incentives shall be provided to private entities which employ PWDs. As such, the City Government of Naga hereby reiterates and emphasizes the following incentives being provided by R.A. No. 7277, as amended:

a. Private entities that employ PWDs who meet the required skills or qualifications, either as regular employee, apprentice, or learner, shall be entitled to an additional deduction, from their gross income, equivalent to twenty-five percent (25%) of the total amount paid as salaries and wages to PWDs: Provided, however, That such entities present proof as certified by the Department of Labor and Employment (DOLE) that PWDs are under their employ: Provided, further, That the disabled employee is accredited with the DOLE and the DOH as to his disability, skills, and qualifications.

b. Private entities that improve or modify their physical facilities in order to provide reasonable accommodation for PWDs shall also be entitled to an additional deduction from their net taxable income, equivalent to fifty percent (50%) of the direct costs of the improvements or modifications. This, however, does not apply to improvements or modifications of facilities required under B.P. Blg. 344.

SECTION 20. Livelihood and Training Assistance. The City Government of Naga shall undertake measures to ensure the provision of livelihood services to PWDs.

The PDAO with the assistance from Metro PESO or TESDA shall design and implement training programs that will provide PWDs with vocational skills to enable them to engage in livelihood activities or obtain gainful employment.

The Metro Public Employment Service Office (PESO) shall provide livelihood loan assistance to qualified PWDs and shall issue guidelines for the purpose.

The city government may also enter into joint ventures with organizations or associations of PWDs to explore livelihood opportunities and other undertaking that shall enhance the health, physical fitness, and the economic and social well-being of PWDs.

SECTION 21. PWD Cooperatives. The City Government of Naga, in partnership with the Cooperative Development Authority (CDA) and other NGAs, as well as with the private sector, shall endeavour to help PWDs form cooperatives.

As far as practicable, the City Government of Naga shall avail of the services of PWD cooperatives by procuring not less than ten percent (10%) of its goods and services requirement from such cooperatives.

SECTION 22. Summer Employment for Enrollment Program. Qualified PWDs or their children shall be given priority in the Summer Employment for Enrollment (SEFE) Program of the City Government of Naga, duly-institutionalized through Ordinance No. 2019-041.

CHAPTER II. EDUCATION

SECTION 23. Inclusive Education. As stated in the Magna Carta for Persons with Disabilities (1992), all children including those with disabilities, have a right to education. It shall be unlawful for any learning institution to deny a disabled person admission to any course it offers by the reason of handicap or disability.

Learning institutions shall take into account the special needs of disabled persons with respect to the use of school facilities, class schedules, physical education requirements, and other pertinent considerations.

SECTION 24. Tertiary Scholarship. At least ten percent (10%) of every batch of scholars under the Naga’s Tertiary Scholarship Program (NTSP) of the City Government of Naga shall come from among the ranks of PWDs and their children; Provided, however, that only one child per indigent PWD shall be given priority; provided further that the other children of said indigent PWD may also be given assistance only if they meet the requirements for automatic scholarship under the said program.

SECTION 25. Assistance to PWDs enrolled in college. Those indigent PWDs who will enroll in college in any tertiary school in the City of Naga shall be given financial assistance.

SECTION 26. Basic Education Services. Indigent PWDs enrolled in basic education and/or children of indigent PWDs shall be prioritized in the Sanggawadan Program or in the Quality Universal Elementary Education in Naga (QUEEN) Program. They shall then receive the following benefits:

a. Rice Subsidy. The beneficiary shall be entitled to rice subsidy under either program.

b. School Fees. The beneficiary shall also be entitled to the following benefits:

1. Anti-Tuberculosis Fee: P5.00;
2. Philippine National Red Cross Fee: P35.00;
3. BSP/GSP Fee: P50.00;
4. Escoda Thinking Day Fee: P1.00;
5. Test Paper Fees: P25.00;
6. Athletic Fee: P5.00;
7. School Publication Fee: P25.00;
8. SSG/SSC/Pupil’s Government Fee: P50.00;
9. Library/Laboratory Fee: P10.00; and
10. Graduation fee or allowance of not less than: P500.00.

c. Incentives to Exemplary Students. To promote academic excellence, indigent PWDs enrolled in basic education and/or children of indigent PWDs who earned honors in school shall be given the following cash incentives:

1. With Highest Honors: P1,000 cash incentive and a Certificate of Merit;

2. With High Honors: P750 cash incentive and a Certificate of Merit;

3. With Honors: P500 cash incentive and a Certificate of Merit

d. Transportation Allowance. A transportation allowance of Five Hundred Pesos (P500.00) per month shall be granted to indigent PWDs enrolled in public elementary and secondary school of Naga City.

e. Assistance to PWDs in Alternative Learning System. Those indigent PWDs who will enroll in the Alternative Learning System (ALS) of the City Government of Naga shall be given financial assistance.

SECTION 27. Assistance to Participation in Sports/Contest. To encourage PWDs to get involved in community activities and attend to events and competitions, the following assistance shall be given for their participation in provincial, regional, national, and international competitions:

a. Provincial event (i.e. the competition is sponsored by municipalities/cities within Camarines Sur, except Naga, and is expected to be participated in by residents of the province, aside from Nagueños) P1,000 per participating PWD;

b. Regional event (i.e. the competition is sponsored by a regional entity and is expected to be participated in by residents of all provinces and cities in Bicol) P2,500 per participating PWD;

c. National event (i.e. the competition is sponsored by a national entity and is expected to be participated in by residents of the various provinces and cities of the Philippines) P5,000 per participating PWD; and

d. International event (i.e. the competition is sponsored by an international entity and is expected to be participated in by residents of the various countries of the world) P10,000 per participating PWD.

SECTION 28. Exit Program. The Exit Program shall provide either employment or business opportunities to PWDs who had graduated from college, the Alternative Learning System, or Livelihood/Skills Training/s.

The Persons with Disability Affairs Office (PDAO) shall undertake the implementation of the exit program.

CHAPTER III. HEALTH

SECTION 29. Naga City Physical Therapy and Rehabilitation Center (NCPTRC). There is hereby created the Naga City Physical Therapy and Rehabilitation Center (NCPTRC), under the management and supervision of the Naga City Hospital.

The following are the functions of the NCPTRC:

a. Provide opportunities to prevent disability such as immunization, nutrition programs, environmental protection and preservation, genetic counseling, early detection of disability, and timely intervention to arrest disabling condition;

b. Extend Community Based Rehabilitation (CBR) and treatment;

c. Extend referral assistance in the acquisition of prosthetic devices and intervention services for special needs through the PDAO;

d. Provide specialized training designed to improve functional limitations of PWDs related to communication skills and provide family care services geared towards developing the capabilities of families in responding to the needs of family members with disabilities;

e. Extend counselling, orientation, and mobility and strengthen the daily living capability of PWDs; and

f. Provide aftercare and follow-up services for the continued rehabilitation of PWDs in a community-based setting with the help of CBR Specialists.

For its operations, the following plantilla positions are hereby created under the NCPTRC:

a. One Licensed Occupational/Physical Therapist (SG-10) who shall be responsible for providing immediate health care and continuous rehabilitation program with focus on CBR. He/she must: (1) have a college degree in Occupational/Physical Therapy or other related fields; (2) have at least three (3) years working knowledge on the same fields; and (3) be a resident and registered voter of Naga City.

b. One On-Call Consultant Speech Therapist with a basic salary of not less than Ten Thousand Pesos (P10,000.00) per month who shall be the person to be contacted and consulted when clients have speech problems or impairment.

c. One Focal Person/Receptionist who shall handle the day-to-day affairs of the office. Preferably, the person that will be hired for this position is a PWD who has the necessary managerial and clerical knowledge and skills required to perform the job.

d. One (1) Utility Worker who shall be responsible for the cleanliness, orderliness, liasioning, and other related works that may be assigned from time to time by his/her immediate supervisor.

SECTION 30. Community Based Rehabilitation (CBR) Specialists. To provide rehabilitation and other services to PWDs at the barangay level, a Community Based Rehabilitation Specialist (CBRS) shall be permanently designated and exclusively assigned to work for PWDs. A CBR Specialist shall be appointed by the City Mayor and to be recommended by the Punong Barangay. The barangay may recommend more than one (1) CBRS depending on their needs subject to the approval of the City Mayor. The honorarium of a CBR Specialist must be equivalent to the honorarium received of a Barangay Health Worker. The City Government will continuously train the CBRS to fully equip and capacitate to perform the following functions:

1. Collaborate with the NCPTRC, the PDAO, the Naga City Council on Disability Affairs, NCFPWD, the Parent Advocates for Visually Impaired Children (PAVIC), the Office of the Senior Citizens Affairs (OSCA), and other organizations and institutions;

2. List the names or make an inventory of residents of every barangay of the City of Naga who are suffering from disability, in collaboration with the CHO and PDAO, specifically the concerned PWDs, senior citizens with ailments, children with ailments, and stroke victims;

3. Categorize the listed names of PWDs in each barangay of the City of Naga according to the classification of sub-sectors set or defined by the PDAO and CHO;

4. Assist in the provision of assistive devices (like wheelchair, cane, crutches, eyeglasses, etc.) as initial intervention and give medicines and/or facilitate the provision of medical intervention;

5. Refer the client to a Special Education (SPED) Center, Naga City Post SPED Center, HELP Learning Center, the Resource Center for the Blind, the Joseph Gualandi School for Hearing Impaired, Inc., or other educational institutions;

6. Refer clients to medical experts for more specialized treatments;

7. Give basic trainings, particularly on CBR, to family members taking care of PWDs at home;

8. Extend rehabilitative care to PWD and senior citizen patients in the barangay; and

9. Assist the BAPDA President or officers in the implementation of the program and projects.

10. Perform other functions as directed.

SECTION 31. Medical Assistance. An indigent PWD or his/her child shall be confined, if necessary, at the Naga City Hospital (NCH) without any charge. Admitted patients shall also be given free medicines presently available in the said institution, as well as free laboratory examinations duly required by the doctors thereat. Indigent PWD can also avail hospitalization or medical assistance at the CSWD if confined or treated in other hospital or clinic.

SECTION 32. Mandatory PhilHealth Coverage. Pursuant to R.A. No. 11228, its rules and regulations, and other pertinent issuances, all PWDs shall be automatically covered under the National Health Insurance Program (NHIP) of the Philippine Health Insurance Corporation (PhilHealth).

CHAPTER IV. AUXILIARY SERVICES

SECTION 33. Provision of Assistive Devices and Assistance in the Acquisition of Assistive Devices. Indigent PWDs shall be provided with assistive devices such as wheelchair, cane, crutches etc. and shall be assisted in procuring prosthetic devices and other intervention services for special needs, thru a financial assistance.

SECTION 34. Burial Assistance to Deceased PWDs. On top of other forms of aid that the city government may provide under its various programs, an additional Three Thousand Peso-(P3,000.00) cash assistance shall be given to defray burial expenses of deceased PWDs. The said amount shall be extended to the immediate family of the deceased, subject to submission of the following requirements to the PDAO and the CSWDO:

a. ePWD-ID Card of the deceased PWD;
b. Photocopy of death certificate of the deceased PWD; and
c. Certification from the PDAO that the deceased is a bona fide PWD resident of the City of Naga.

CHAPTER V. TELECOMMUNICATIONS/INFORMATION

SECTION 35. PWD Access to Information. To promote access to information of PWDs, the following mechanisms shall be implemented:

a. Adoption of PWD-friendly features that are compliant with the Accessible Website Design Guidelines in the city government’s website (www.naga.gov.ph) for the benefit of visually impaired persons;

b. Employment of sign language interpreters during the State of Our City Report, State of Our Children Report, regular and special sessions of the SP, and other events of similar nature for the benefit of hearing impaired persons;

c. Encouraging barangay governments to hire sign language interpreters during barangay assemblies for the benefit of hearing impaired persons in the barangay;

d. Enjoining television networks based in Naga City to observe R.A. No. 10905 by presenting their programs with closed captions option based on Rule III of Memorandum Circular (M.C.) No. 04-2016 of the Movie and Television Review and Classification Board (MTRCB), and encouraging them to provide a sign language inset to appear on the lower right corner of the screen which is at least 10% of the TV monitor as provided in Section 22 of R.A. 7277, especially during news programs and coverage of the Peñafrancia Festival and other important events in the City of Naga for the benefit of hearing impaired persons;

SECTION 36. Implementing Offices. To implement the aforesaid mechanisms, the following offices shall perform the following respective responsibilities:

a. City Events, Protocol, and Public Information Office (CEPPΙΟ) – ensure compliance with this Code during the State of Our City Report, State of Our Children Report, and similar activities, as well as in the city government’s TV program;

b. SP Secretariat – employ sign language interpreters during regular and special sessions;

c. ITO – install PWD-friendly applications in the city government’s website (www.naga.gov.ph);

d. Resource Center for the Blind (RCB) – provide assistance to the ITO in the installation of PWD-friendly applications in www.naga.gov.ph;

e. Liga ng mga Barangay – encourage barangay governments to hire sign language interpreters during barangay assemblies;

f. PDAO – extend the necessary technical assistance to the offices mentioned above and coordinate city government efforts in the promotion and protection of the welfare and rights of PWDs.

CHAPTER VI. ACCESSIBILITY

SECTION 37. Barrier-Free Environment. The City Government of Naga, in partnership with NGAs and private institutions, shall undertake the necessary measures to create a barrier-free environment that will enable PWDs to have access in public and private buildings and establishments and such other places mentioned in B.P. Blg. 344.

Where two parties are negligent and it is impossible to determine whose fault or negligence brought about the occurrence of the incident, the one who is not a PWD and is in full possession of all his/her faculties shall be presumed to have had the last clear opportunity to avoid the impending harm but failed to do so and, thus, is chargeable with the consequences arising therefrom.

SECTION 38. Public Transportation. Posters or stickers showing the designated priority seats for PWDs, as well as the rights of PWDs to discounted fare, shall be conspicuously displayed inside all units of public utility vehicles (PUVs).

Other passengers may use the designated seats for PWDs if not occupied but shall yield them to incoming PWDs whenever the occasion arises.

PWDs must also have priority in embarkation/loading and disembarkation/unloading.

Discriminating against PWDs in the carriage or transportation of passengers is unlawful and violators shall be prosecuted administratively, civilly, and criminally.

SECTION 39. Mobility. The City Government of Naga, in partnership with NGAs and private institutions, shall promote the mobility of PWDs. PWDs shall be allowed to drive motor vehicles, subject to the rules and regulations issued by the Land Transportation Office (LTO) and other regulatory bodies.

SECTION 40. Parking Space. Public and private establishments shall provide parking areas for PWDs that will allow easy transfer from car park to ingress/egress levels.

The aforesaid parking spaces shall be allotted exclusively to vehicles driven by PWDs. Priority shall be given to those with PWD Parking Placard/Plate.

A PWD Parking Placard/Plate shall be provided to PWDs with impaired mobility due to:

a. loss of the use of one or more lower extremities;

b. loss of both hands or feet;

c. a disease that substantially impairs or interferes with mobility;

d. inability to move without the aid of an assistive device or

e. cardiovascular or respiratory illness that impairs mobility.

A PWD Parking Placard/Plate may also be issued to a vehicle owned by an abled person, provided that the vehicle is used solely for the purpose of transporting PWDs.

The forms and the technical and operational guidelines regarding the issuance of PWD Parking Placard/Plates shall be provided by the PDAO. A minimum amount of One Hundred Pesos (P100.00) shall be paid by the applicant to the CTO to defray the cost of the PWD Parking Placard/Plate.

CHAPTER VII. POLITICAL AND CIVIL RIGHTS

SECTION 41. Right to Suffrage. The city government shall ensure that PWDs are able to exercise their right to political participation without discrimination or restrictions. Towards this end, systems and procedures shall be put in place to ensure that all provisions of R.A. No. 10366 and its implementing rules and regulations promulgated by the Commission on Elections (COMELEC) through Resolution No. 9763 dated August 30, 2013 are fully and efficiently implemented.

SECTION 42. Right to Assemble. Consistent with the provisions of the Constitution, the City Government of Naga shall recognize the right of PWDs to participate in processions, rallies, parades, demonstrations, public meetings, and assemblages or other forms of mass or concerted action held in public.

SECTION 43. Right to Organize. The City Government of Naga, as a hub of people-centered governance in the country, shall recognize and promote the rights of PWDs to form organizations or associations that promote their welfare and advance or safeguard their interests.

If needed, the City Government of Naga, through the PDAO, shall assist PWDs in establishing self-help organizations by providing them with necessary technical and financial assistance.

PWD organizations shall be provided with avenues and mechanisms through which they can participate in the planning, organization, and management of government programs and projects.

SECTION 44. Naga City Federation of Persons with Disabilities. The BAPDA of the 27 Barangay Governments of Naga City shall be federated to form the Naga City Federation of Persons with Disabilities (NCFPWD). They shall choose from among themselves their officers in accordance with the rules and regulations which they themselves promulgate. The Federation shall submit their Annual Work and Financial Plan for consideration in the annual budget of PDAO. The City Government will also provide its office.

SECTION 45. Transportation Allowance for NCFPD Officers. A transportation allowance of Five Hundred Pesos (P500.00) per month shall be granted to each officer of the NCFPD, provided that he/she personally attends the regular monthly meetings of the federation duly supported by attendance sheet and other necessary documents per usual accounting and auditing rules and regulations.

SECTION 46. Use of Government Recreation or Sports Centers. Recreation or sports centers owned or operated by the City Government of Naga shall be used free of charge by PWDs during their social, sports, or recreation activities.

SECTION 47. PWD Month. The whole month of July of every year is declared as Persons with Disability Month in the City of Naga.

The PDAO is hereby tasked to:

a. Craft, in close coordination with the NCFPWD, a plan and schedule of activities for the welfare of PWDs which will be held for the whole month of July of every year.

b. Take the lead in the successful implementation of the aforementioned plan and schedule of activities;

c. Coordinate and partner with other departments of the city government, NGAS, and the private sector to ensure the successful implementation of the aforementioned plan and schedule of activities; and

d. Include in its annual budget proposal the amount needed for the successful implementation of the aforementioned plan and schedule of activities.

SECTION 48. PWD Congress. There shall be a PWD Congress in the month of July of every year as part of the Persons with Disability Month celebration and will serve as general assembly of the Naga City Federation of Persons with Disability, all PWD Sub-sectors and stakeholders.

CHAPTER VIII. OTHER PRIVILEGES AND INCENTIVES

SECTION 49. Twenty Percent Discount and Exemption from Value-Added Tax. PWDs shall be entitled to at least twenty percent (20%) discount and exemption from the value-added tax (VAT), if applicable, on the following sale of goods and services for the exclusive use and enjoyment or availment of the PWD:

1. On the fees and charges relative to the utilization of all services in hotels and similar lodging establishments, restaurants, and recreation centers;

2. On admission fees charged by theaters, cinema houses, concert halls, circuses, carnivals, and other similar places of culture, leisure, and amusement;

3. On the purchase of medicines in all drugstores;

4. On medical and dental services including diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and blood tests, and professional fees of attending doctors in all government facilities, subject to the guidelines to be issued by the DOH, in coordination with the PhilHealth;

5. 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 PhilHealth;

6. On fare for domestic air and sea travel;

7. On actual fare for land transportation travel such as, but not limited to, public utility buses or jeepneys (PUBS/PUJs), taxis, Asian utility vehicles (AUVs), shuttle services, and public railways, including Light Rail Transit (LRT), Metro Rail Transit (MRT), and Philippine National Railways (PNR); and

8. On funeral and burial services for the death of the PWD: Provided, that the beneficiary or any person who shall shoulder the funeral and burial expenses of the deceased PWD shall claim the discount under this rule for the deceased PWD upon presentation of the death certificate. Such expenses shall cover the purchase of casket or urn, embalming, hospital morgue, transport of the body to intended burial site in the place of origin, but shall exclude obituary publication and the cost of the memorial lot.

The aforesaid discounts/privileges may not be claimed if the PWD claims a higher discount as may be granted by the commercial establishment and/or under other existing laws or in combination with other discount program/s.

The establishments may claim the discounts/privileges as tax deductions based on the net cost of the goods sold or services rendered; Provided, however, That the cost of the discount shall be allowed as deduction from the gross income for the same taxable year that the discount is granted: 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.

SECTION 50. Discounts on Basic Commodities. Subject to the guidelines to be issued for the purpose by the DTI and the Department of Agriculture (DA), PWDs shall be granted special discounts on the purchase of basic commodities.

SECTION 51. Express Lanes. All commercial and government establishments shall provide express lanes for PWDs and, in the absence thereof, shall give priority to them.

SECTION 52. Free Movies. From Monday to Friday, every first screening, PWDs can watch movies for free in partner-cinemas.

SECTION 53. Housing Program. The City Government of Naga shall take into consideration in its shelter programs the special housing requirements of PWDs. Indigent families with dependent PWDs in their household shall be given priority as beneficiaries.

SECTION 54. Padyak and Franchise Assistance to BAPDA. The BAPDA of the 27 Barangay Governments of Naga City shall be granted by the Metro PESO loan assistance in the purchase of padyak units. They shall also be given padyak franchises, free of charge.

SECTION 55. Bedridden and Abandoned PWD Monthly Food Allowance. The city government shall provide a monthly food allowance of Five Hundred Pesos (P500.00) to all indigent bedridden PWDs and indigent abandoned PWDs who are registered with the PDAO. The PDAO shall therefore identify the PWDs in the city who may avail of this benefit.

SECTION 56. Birthday Cake. All registered PWDs in the City of Naga shall receive a cake from the city government on their birthday. The amount necessary to implement this provision shall be included in the annual budget of the city government, particularly in the budget of the PDAO.

TITLE THREE — PROHIBITION ON DISCRIMINATION AGAINST PERSONS WITH DISABILITIES

CHAPTER I. DISCRIMINATION ON EMPLOYMENT

SECTION 57. Discrimination on Employment. No entity, whether public or private, shall discriminate against a qualified PWD by reason of disability in regard to job application procedures, the hiring, promotion, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

The following constitute acts of discrimination:

a. Limiting, segregating, or classifying a PWD-job applicant in such a manner that adversely affects his/her work opportunities;

b. Using qualification standards, employment tests, or other selection criteria that screen out or tend to screen out a PWD, unless such standards, tests, or other selection criteria are shown to be job-related for the position in question and are consistent with business necessity;

c. Utilizing standards, criteria, or methods of administration that:

1. have the effect of discrimination on the basis of disability; or

2. perpetuate the discrimination of others who are subject to common administrative control;

   d. Providing less compensation, such as salary, wage, or other forms of remuneration and fringe benefits, to a qualified PWD-employee, by reason of his disability, than the amount to which an abled person performing the same work is entitled;

   e. Favoring an abled employee over a qualified PWD employee with respect to promotion, training opportunities, study and scholarship grants, solely on account of the latter’s disability;

   f. Re-assigning or transferring a PWD employee to a job or position he cannot perform by reason of his disability;

   g. Dismissing or terminating the services of a PWD employee by reason of his disability, unless the employer can prove that he/she impairs the satisfactory performance of the work involved to the prejudice of the business entity; Provided, however, That the employer first sought to provide reasonable accommodations for PWDs;

   h. Failing to select or administer in the effective manner employment tests which accurately reflect the skills, aptitude, or other factors of the PWD applicant or employee that such tests purport to measure, rather than the impaired sensory, manual, or speaking skills of such applicant or employee, if any and

   i. Excluding PWDs from membership in labor unions or similar organizations.

SECTION 58. Employment Entrance Examination. Upon an offer of employment, a PWD applicant may be subjected to medical examination, on the following occasions:

a. all entering employees are subjected to such an examination regardless of disability;

b. information obtained during the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, Provided, however, That:

1. supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employees and necessary accommodations;

2. first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment;

3. government officials investigating compliance with this Code and other laws on PWDs shall be provided relevant information on request; and

4. the results of such examination are used only in accordance with this Code and other pertinent national and local laws.

CHAPTER II. DISCRIMINATION ON TRANSPORTATION

SECTION 59. Conveyance of PWDs with Assistive Devices. It shall be considered discrimination for the franchisees or operators and personnel of sea, land, and air transportation facilities to charge higher fare or to refuse to convey a passenger, his orthopedic devices, personal effects, and merchandise by reason of his disability.

SECTION 60. Selective Conveyance. It shall be considered discrimination for the franchisees or operators and personnel of sea, land, and air transportation facilities to deny conveyance of PWDs along their usual route.

SECTION 61. Posting of Stickers. It shall be considered discrimination for the franchisees or operators and personnel of sea, land, and air transportation facilities to not display posters or stickers stating the designated priority seats for PWDs, as well as the rights of PWDs to discounted fare, in a conspicuous space in their units.

SECTION 62. Designated PWD Seats. It shall be considered discrimination for the franchisees or operators and personnel of sea, land, and air transportation facilities to not allow PWDs to use the designated priority seats for them, or if an abled person is occupying them, to not assist PWDs in requesting said abled individual to vacate the same and yield them to PWDs.

SECTION 63. Fare Discounts. It shall be considered discrimination for the franchisees or operators and personnel of sea, land, and air transportation facilities to refuse to provide PWDs discounted fare.

SECTION 64. Designated Parking Spaces for PWDs. It shall be considered discrimination for owners/lessees/heads of private and public establishments to refuse to allow vehicles driven by PWDs or those with PWD Parking Placard/Plate to use designated PWD parking spaces, or if vehicles of abled persons are occupying them, to not assist PWDs in requesting said abled individuals to vacate the same and yield them to PWDs.

It shall also be considered discrimination on the part of an abled-person owning a vehicle to park in designated parking spaces for PWDs, or to secure a PWD Parking Placard/Plate without really devoting said vehicle for the exclusive use of transporting PWDs to circumvent the purpose and provisions of this Code.

CHAPTER III. NON DISCRIMINATION ON THE USE OF PUBLIC ACCOMMODATIONS AND SERVICES

SECTION 65. Public Accommodations and Services. For purposes of this Chapter, public accommodations and services shall include the following:

a. an inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five (5) rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor;

b. a restaurant, bar, or other establishment serving food or drink;

c. a motion picture, theater, concert hall, stadium, or other place of exhibition or entertainment;

d. an auditorium, convention center, lecture hall, or other place of public gathering;

e. a bakery, grocery store, hardware store, shopping center, or other sales or rental establishment;

f. a bank, barber-shop, beauty-shop, travel service, funeral parlor, gas station, office of a lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment;

g. a terminal, depot, or other station used for specified public transportation;

h. a museum, gallery, library or other place of public display or collection;

i. a park, zoo, amusement park, or other place of recreation;

j. a nursery, elementary, secondary, undergraduate, or post-graduate private school, or other place of education;

k. a gymnasium, health spa, bowling alley, golf course; or

l. other places of exercise or recreation.

SECTION 66. Non Discrimination on the Use of Public Accommodations. No PWDs shall be discriminated on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases, or operates a place of public accommodation.

The following constitute acts of discrimination:

a. denying a disabled person, directly or through contractual, licensing, or other arrangement, the opportunity to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of an entity by reason of his disability;

b. affording a disabled person, on the basis of his disability, directly or through contractual, licensing, or other arrangement, with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other able-bodied persons; and

c. providing a disability, directly or through contractual, licensing, or other arrangement, with a good, service, facility, advantages, privilege, or accommodation that is different or separate from that provided to other able-bodied persons unless such action is necessary to provide the PWD with a good, service, facility, advantage, privilege, or accommodation, or other opportunity that is as effective as that provided to others.

For the purpose of this section, the term “individuals” or “class individuals” refers to the clients or customers of the covered public accommodation that enters into the contractual, licensing, or other arrangement.

SECTION 67. Integrated Settings. Goods, services, facilities, advantages, and accommodations shall be afforded to an individual with a disability in the most integrated setting appropriate to the needs of the individual.

SECTION 68. Opportunity to Participate. Notwithstanding the existence of separate or different programs or activities provided in accordance with this Chapter, an individual with a disability shall not be denied the opportunity to participate in such programs or activities that are not separate or different.

SECTION 69. Association. It shall be discriminatory to exclude or otherwise deny equal goods, services, facilities, advantages, privileges, accommodations, or other opportunities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association.

SECTION 70. Other Prohibitions. For purposes of this Chapter, the following shall be considered as discriminatory:

a. The imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class or individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, or accommodations being offered;

b. A failure to make reasonable modifications in policies, practices, or procedures, when such modification are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that making such modification would fundamentally alter the nature of the goods, facilities, services, privileges, advantages, or accommodations;

c. Failure to take steps as may be necessary to ensure that no individual with disability is excluded, denied services, segregated, or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good, service, facility, privilege or would result in undue burden;

d. A failure to remove architectural barriers and communication barriers that are structural in nature, in existing facilities, where such removal is readily achievable; and

e. Where an entity can demonstrate that the removal of a barrier is not readily achievable, a failure to make such goods, services, facilities, privileges, advantages, or accommodations available through alternative methods if such methods are readily achievable.

CHAPTER IV. PROHIBITIONS ON VERBAL, NON-VERBAL RIDICULE, AND VILIFICATION AGAINST PERSONS WITH DISABILITY

SECTION 71. 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 PWDs whether in writing, or in words, or in action due to their impairment/s.

No individual, group, or community shall execute any of these acts of ridicule against PWDs in any time and place which could intimidate or result in loss of self-esteem of the latter.

SECTION 72. Vilification. For purposes of this Chapter, vilification shall be defined as:

a. The utterance of slanderous and abusive statements against a PWD; and/or

b. An activity in public which incites hatred towards, serious contempt for, or severe ridicule of PWDs.

TITLE FOUR — OPERATIONALIZATION

CHAPTER I. PERSONS WITH DISABILITY AFFAIRS OFFICE

SECTION 73. The Persons with Disability Affairs Office (PDAO). In order to implement the policies, plans, and programs laid down in this Code, the Persons with Disability Affairs Office (PDAO) is hereby established as a department of the City Government of Naga.

The PDAO is hereby empowered to design the its organizational structure in consultation with the Naga City Council on Disability Affairs (NCCDA), the Naga City Federation of Persons with Disabilities (NCFPD), and concerned NGOs, and he may recommend to the City Mayor the appointment of such number of PDAO personnel as are necessary to carry out the functions and objectives of the PDAO, subject to funding limitations.

SECTION 74. Functions of the PDAO. The PDAO shall carry out the following functions:

a. Formulate and implement policies, plans, and programs for the promotion of the welfare of PWDs in coordination with concerned national and local government agencies;

b. Coordinate the implementation of the provisions of this Code, Batas Pambansa Bilang (B.P. Blg.) 344, otherwise known as the Accessibility Law, R.A. No. 7277, otherwise known as the Magna Carta for Persons with Disabilities, as amended, and other relevant laws, rules, and regulations;

c. Represent PWDs in meetings of local development councils and other special bodies;

d. Recommend and enjoin the participation of NGOs and people’s organizations (POs) in the implementation of all disability-related laws and policies;

e. Gather and compile relevant data on PWDs in the locality;

f. Disseminate information including, but not limited to, programs and activities for PWDs, statistics on PWDs, including children with disability, and training and employment opportunities for PWDs;

g. Submit reports to the Office of the City Mayor on the implementation of programs and services for the promotion of the welfare of PWDs in the city;

h. Ensure that the policies, plans, and programs for the promotion of the welfare of PWDs are funded by both the national and local government;

i. Monitor fundraising activities being conducted for the benefit of PWDs;

j. Seek donations in cash or in kind from local or foreign donors to implement an approved work plan for PWDs, in accordance with existing laws and regulations; and

k. Perform such other functions as may be necessary for the promotion and protection of the welfare of the PWDs.

SECTION 75. The Persons with Disability Affairs Officer. The Head of the PDAO shall have the following minimum qualification standards:

POSITION	EDUCATION	EXPERIENCE	TRAINING	ELIGIBILITY
City Government Department Head I (SG-25)	Bachelor’s Degree	Three (3) years of relevant experience on disability affairs	Sixteen (16) hours of relevant training on disability affairs	Career Service Professional/Second Level Eligibility

In the appointment of the head of the PDAO, priority shall be given to qualified PWD.

The Head of the PDAO shall perform the following duties and responsibilities:

a. Manage and oversee the efficient operations of the PDAO and general supervision of its personnel;

b. Develop, promote, and monitor the implementation of policies, plans, programs, and services for the development of PWDs in coordination with the national and local government agencies;

c. Ensure representation of PWDs in the City Development Council, SP Committees, and other special bodies of the city government;

d. Build the capacity of NGOs and POs to participate in the implementation of all disability related laws and policies;

e. Establish coordination with the various executive departments and offices as well as with the SP and ensure the inclusion of disability concerns in all local government programs and services;

f. Network with local, national, and international organizations and establish partnership on disability programs and resource mobilizations; and

g. Develop and submit to the City Mayor an Annual Work and Financial Plan and prepare an annual accomplishment report for inclusion in the State of Our City Report.

SECTION 76. Organizational Structure. Subject to availability of funds and the personal services limitation, the staffing pattern of the PDAO shall be as follows:

PDAO Department Head

 

PDAO Department Head (City Government Department Head I)
PWD Database Division	Accessibility and External Relations Division	Administration and Finance Division	PWD Skills Development Division
Database Officer	External Relations and Accessibility Officer	Procurement Officer	Post-SPED Technical-Vocational Center	Resource Center for the Blind
Assistant Database Officer	Assistant External Relations and Accessibility Officer	Assistant Procurement Officer	Post-SPED Teacher	Center Administrator
Clerk	Sign Language Interpreter	Property Custodian	Post-SPED Teacher Aide	Assistant Center Administrator
	Sign Language Interpreter	Driver	Administrative Aide	Screen Reader Specialist
		Utility Worker		Administrative Aide

Additional plantilla positions in the PDAO shall be created as its clientele increases and its functions expand. Qualified PWDs shall be prioritized in the appointment to vacant/available positions in the PDAO. Gender balance shall also be observed.

SECTION 77. Naga City Post-Special Education Training CENTER. A Naga City Post-Special Education Training Center (NCPSTC) shall be established under the supervision and management of the PDAO.

The NCPSTC shall provide vocational training to children with disabilities who have graduated from Special Education (SPED) Schools. Its main goal is to develop children with disabilities into productive and confident individuals and to open up livelihood opportunities for them. Focus shall be given to the child’s needs, abilities, and personal interests.

To be admitted to the NCPSTC, the following requirements must be complied with by the enrollee or his/her parent/s or guardian/s:

a. Voter’s ID of Parents/Guardians;

b. Photocopy of ePWD ID of the child;

c. Individual Educational Plan (to be prepared by the child’s former school);

d. Form 138 of the child;

e. Transcript of Record of the child;

f. Birth Certificate of the child;

g. 2×2 pictures with white background of the child; and

h. Medical Record of the child.

An interview and assessment shall be made before admitting a child-enrollee to the Center. The results of the interview and assessment shall be part of the child-enrollee’s files.

SECTION 78. Resource Center for the Blind. The Resource Center for the Blind (RCB) is hereby institutionalized under the supervision and management of the PDAO.

The RCB shall provide a full spectrum of services to visually impaired persons in Naga City. Its aim is to empower visually impaired individuals and to help them become self-reliant and productive individuals through counseling, rehabilitation, education, and livelihood programs. An individual with visual impairment who is a resident of Naga City may avail of the services of the RCB.

CHAPTER II. THE NAGA CITY COUNCIL ON DISABILITY AFFAIRS

SECTION 79. Naga City Council on Disability Affairs (NCCDA). To provide a forum for interdisciplinary dialogue and deliberation of major issues and concerns affecting PWDs and to review and provide guidance to the direction and implementation of programs, projects and activities for Persons with Disability, the Naga City Council on Disability Affairs is hereby institutionalized with the City Mayor as chairperson and the Chairman of the SP Committee on PWD as co-chairperson.

SECTION 80. Membership. The members of the Naga City Council on Disability Affairs shall be assigned and distributed into four committees: 1) Committee on Advocacy, 2) Committee on Accessibility, 3) Committee on Livelihood and Employment, and 4) Committee on Education. The member-institutions which are not part of the organizational structure of the city government shall form part of the said committees only after acceptance of the invitation duly sent to them.

SECTION 81. Committee on Advocacy. The Committee on Advocacy shall promote the alignment of policies and programs of various offices which pertain to the advancement of PWD rights and welfare. It shall be composed of representatives of the following offices:

a. City Events, Protocol, and Public Information Office (CEPPIO);
b. City Social Welfare and Development Office (CSWDO);
c. City Health Office (CHO);
d. City Population and Nutrition Office (CPNO);
e. City Legal Office (CLO);
f. City Budget Office
g. Department of Education (DepEd) -Naga;
h. Department of the Interior and Local Government (DILG)-Naga;
i. Liga ng mga Barangay;
j. Naga City People’s Council (NCPC);
k. Naga City Federation of Persons with Disabilities (NCFPWD);
l. Naga City Visually Impaired Association
m. Naga City Deaf Society
n. Naga City Women with Disability Association
o. HELP Learning Center;
p. The Church of Jesus Christ of Latter Day Saints;
q. Community Based Rehabilitation Specialist (CBRS)
r. Association of Barangay Kagawad Committee Chairperson on PWD
s. City Disaster Risk Reduction and Management Office and
t. Kapisanan ng mga Brodkaster ng Pilipinas (KBP).

SECTION 82. Committee on Accessibility. The Committee on Accessibility shall provide technical assistance in the conduct of access audit and in the enforcement of the provisions of B.P. Blg. 344, otherwise known as the Accessibility Law. It shall be composed of representatives of the following offices:

a. City Engineer’s Office (CEO);
b. Public Safety Office (PSO);
c. City Planning and Development Office (CPDO);
d. Arts, Culture and Tourism Office (ACTO)
e. Department of Public Works and Highways (DPWH);
f. United Architects of the Philippines (UAP);
g. Philippine Institute of Civil Engineers (PICE);
h. Land Transportation Office (LTO);
i. Land Transportation Franchising and Regulatory Board (LTFRB); and
j. Naga City Police Office (NCPO).

SECTION 83. Committee on Livelihood and Employment. The Committee on Livelihood and Employment shall provide assistance in the skills development of PWDs through the establishment and institutionalization of livelihood and employment programs. It shall be composed of representatives of the following offices:

a. Metro Public Employment Service Office (PESO);
b. Investment and Trade Promotion Office;
c. City College of Naga (CCN);
d. Department of Labor and Employment (DOLE);
e. Department of Trade and Industry (DTI);
f. Technical Education and Skills Development Authority (TESDA); and
g. Metro Naga Chamber of Commerce and Industry (MNCCI).

SECTION 84. Committee on Education. The Committee on Education shall provide policy recommendations on holistic and inclusive education of PWDs. It shall be composed of representatives of the following offices:

a. Department of Education (DepEd) -Naga;
b. CSWDO-School for Early Education and Development (SEED);
c. HELP Learning Center;
d. Joseph Gualandi School for Hearing Impaired, Inc.;
e. Naga City SPED Center;
f. Resource Center for the Blind (RCB);
g. Naga City Post-Special Education Training Center (NCPSTC);
h. Education, Scholarships, and Sports Office (ESSO);
i. City College of Naga (CCN);
j. Association of Sign Language Interpreter
k. Commission on Higher Education (CHED); and
l. Technical Education and Skills Development Authority (TESDA).

SECTION 85. Secretariat. The PDAO shall serve as the Secretariat of the Naga City Council on Disability Affairs.

SECTION 86. Meeting. The Naga City Council on Disability Affairs shall meet at least twice a year on the date and time as may be determined by the Chairperson or by majority of the members thereof.

CHAPTER III. ASSOCIATION OF BARANGAY KAGAWAD COMMITTEE CHAIRPERSON ON PWD

SECTION 87. Association of Barangay Kagawad Committee Chairperson on PWD. To strengthen the programs and services for the PWDs in the barangays, the Association of Barangay Kagawad Committee Chairperson on PWD is hereby organized. The aforementioned Kagawad shall support the activities of the Barangay Persons with Disabilities Associations (BAPDA) and will serve as focal person for the programs of PWDs in the barangay.

TITLE FIVE —FINAL PROVISIONS

SECTION 88. Penal Clause. Any person who violates any provision of this Code shall be prosecuted in accordance with R.A. No. 7277, as amended.

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 Code and other laws on PWDs.

SECTION 89. Appropriations. The amount necessary to carry out the provisions of this Code shall be included in the annual budget of the city government of the year following its enactment into law and thereafter of not less than one percent (1%) of its annual budget to be incorporated in the annual budget of PDAO.

SECTION 90. Separability Clause. Should any provision of this Code be found unconstitutional by a court of law, such provisions shall be severed from the remainder of the Code, and such action shall not affect the enforceability of the remaining provisions of this Code.

SECTION 91. Repealing Clause. All ordinances, executive orders, and resolutions inconsistent with the provisions of this Code are hereby repealed or modified accordingly.

SECTION 92. Effectivity. This Code shall take effect fifteen (15) days after its publication in a newspaper of general circulation.

ENACTED: August 4, 2020

WE HEREBY CERTIFY to the correctness of the foregoing Ordinance.

CECILIA B. VELUZ-DE ASIS
City Vice Mayor & Presiding Officer

GIL A. DE LA TORRE
Secretary to the Sangguniang Panlungsod

APPROVED:

NELSON S. LEGACION
City Mayor