ORDINANCE NO: 2009-297 BE IT ORDAINED by the Honorable Sangguniang Panlungsod, Pagadian City in session assembled that : CHAPTER - I GENERAL PROVISIONS SECTION 1. TITLE. This ordinance shall be known and cited as the "Pagadian City Persons with Disability Code of 2009" or simply the 'PWD CODE of 2009". SECTION 2.DECLARATION of POLICY. The grant of the rights and privileges for persons with disability shall be guided by the following principles. Persons with disability are part of Philippine society, thus the City shall give full support to the improvement of the total well-being of persons with disability and their integration into the mainstream of society. Toward this end, the City shall adopt policies ensuring the rehabilitation, self-development and self-reliance of persons with disability. It shall develop their skills and potentials to enable them to compete favorably for available opportunities. Persons with disability have the same rights as other people to take their proper place in society. They should be able to live freely and as independently as possible. This must be the concern of everyone: the family, community and all government and non-government organizations. Persons with disability rights must never be perceived as welfare services by the Government. The rehabilitation of the Persons with disability shall be the concern of the City Government in order to foster their capacity to attain a more meaningful, productive and satisfying life. To reach out to a greater number of persons with disability, the rehabilitation services and benefits shall be expanded beyond the traditional urban-based centers to community based programs that will ensure full participation of different sectors as supported by national and local government agencies. The City also recognizes the role of the private sector in promoting the welfare of persons with disability and shall encourage partnership in programs that address their needs and concerns. To facilitate integration of persons with disability into the mainstream of society, the City shall advocate for and encourage respect for persons with disability. The City shall exert all efforts to remove all social, cultural, economic, environmental and attitudinal barriers that are prejudicial to persons with disability. SECTION 3. COVERAGE. This code shall cover all persons with disability and to the extent herein, provided, departments, offices and agencies of the National Government (NGAs) or Non-government organizations (NGOs) involved in the attainment of the objectives of this local ordinance. SECTION 4.DEFINITION OF TERMS. - For purposes of this Ordinance, these terms are defined as follows: AUXILIARY AIDS and SERVICES include: Qualified interpreters or other effective methods of delivering materials to individuals with hearing impairments; Qualified readers, taped test, 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; AUXILIARY SOCIAL SERVICES- are the supportive activities in the delivery of social services to the marginalized sectors of society; COMMERCE-shall be taken to mean as travel, trade, traffic, commerce, transportation, or communication among the provinces or between any foreign country or any territory or possession and any province. COVERED ENTITY-means an employer, employment agency, labor organization or joint labor-management committee; and DISABILITTY- shall mean (1) a physical or mental 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; PERSONS WITH DISABILITY or DIFFERENTLY ABLED PERSONS - are those suffering from restriction or different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being; HANDICAP- refers to a disadvantage for a given individual, resulting from an impairment or a disability, that limits or prevents the functions or activity, that is considered normal given the age and sex of the individual; IMPAIRMENT- is any loss, diminution or aberration of psychological, physiological, or anatomical structure or function; MARGINALIZED PERSONS WITH DISABILITY- refer to persons with disability 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 income fall below the poverty threshold; PUBLIC TRANSPORTATION- means transportation by air, land and sea that provides the public with the general or special service on a regular and continuing basis; QUALIFIED INDIVIDUAL WITH A DISABILITY- shall mean an individual with a disability who, with or without reasonable accommodations, can perform the essential functions of the employment position that such individual holds or desires. However, consideration shall be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job; 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- the nature cost of the action; the overall financial resources of the facility or facilities involved in the action; the number of persons employed at such facility; the effect on expenses 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 operation or 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; REHABILITATION- is an integrated approach to physical, social, cultural, spiritual, educational and vocational measures that create conditions for the individual to attain the highest possible level of functional ability; REASONABLE ACCOMMODATION include 1) improvement of existing facilities used by employees in order to render these readily accessible to and usable by persons with disability; and 2) 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 aids and services, and other similar accommodation for persons with disability; SHELTERED EMPLOYMENT- refers to the provision of productive work for persons with disability through workshops providing special facilities, income-producing projects or homework schemes with a view of giving them the opportunity to earn a living thus enabling them to 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 societies which limit the fullest possible participation of persons with disability in the life of the group. Social barriers include negative attitudes which tend to single out and exclude persons with disability and which distort roles and interpersonal relationships; 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. VILIIFICATION.- For purposes of this Chapter, vilification shall be defined as: An activity in public which incites hatred towards, serious contempt for, or severe ridicule of persons with disability; and/or The utterances of slanderous and abusive statements against a person with disability. CHAPTER II RIGHTS & PRIVILEGES OF PERSON WITH DISABILITY SECTION 5. EQUAL OPPORTUNITY FOR EMPLOYMENT.- No persons with disability shall be denied access to opportunities for suitable employment. A qualified differently-abled employee shall be subject to the same terms and conditions of employment and the same compensation, privileges, fringe benefits, incentives or allowances as a qualified able bodied person. Five percent (5%) of all casual, emergency and contractual positions in the City Government; Health, Education, Culture and City Government; and other government agencies, offices or corporations/engaged in social development shall be reserved for persons with disability. SECTION 6. SHELTERED EMPLOYMENT.- If suitable employment for persons with disability cannot be found through open employment as provided in the immediately preceding Section, the City shall endeavor to provide it by means of sheltered employment. In the placement of persons with disability 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 7. APPRENTICESHIP.- Subject to the provision of the Labor Code as amended, persons with disability 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 8. INCENTIVES FOR EMPLOYERS.- (a) to encourage the active participation of the private sector in promoting the welfare of persons with disability and to ensure gainful employment for qualified persons with disability, adequate incentives shall be provided to private entities which employ persons with disability. Private entities that employ persons with disability who meet the required skills or qualifications either as a 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 persons with disability: Provided, however, that such entities present proof as certified by the Department of Labor and Employment that persons with disability are under their employ. Provided, further, that the differently abled employee is accredited with the Department of Labor and Employment and the Department of Health as to his disability, skills and qualifications. Private entities that improve or modify their physical facilities in order to provide reasonable accommodation for persons with disability 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 Section, however, does not apply to improvements or modifications of facilities required under B.P.Blg.344. SECTION 9. VOCATIONAL REHABILITATION.- Consistent with the principle of equal opportunity for persons with disability workers and workers in general, the City shall take appropriate vocational rehabilitation measures that shall serve to develop the skills and potentials of persons with disability and enable them to compete favorably for available productive and remunerative employment opportunities in the labor market. The City shall also take measures to ensure the provision of vocational rehabilitation and livelihood services for persons with disability in the rural areas. In addition, it shall promote cooperation and coordination between the government and nongovernmental organizations and other private entities engaged in vocational rehabilitation activities. The City Social Welfare and Development in coordination of the Local Person with Disability (PWD) organization shall design and implement training programs that will provide persons with disability with vocational skills to enable them to engage in livelihood activities or obtain gainful employment. The Department of Labor and Employment shall likewise design and conduct training programs geared towards providing persons with disability with skills for livelihood. SECTION 10.VOCATIONAL GUIDELINES AND COUNSELLING.- The City Social Welfare and Development in coordination with the local organization of PWDs shall implement measures providing and evaluating vocational guidance and counseling to enable persons with disability to secure, retain and advance in employment. It shall ensure the availability and training of counselors and other suitably qualified staff responsible for the vocational guidance and counseling of persons with disability. SECTION 11. ACCESS TO QUALITY EDUCATION.- The City shall ensure that persons with disability are provided with adequate access to quality education and ample opportunities to develop their skills. It shall take appropriate steps to make such education accessible to all persons with disability. It shall be unlawful for any learning institution to deny persons with disability admission to any course it offers by reason of handicap or disability. The City shall take into consideration the special requirements of persons with disability in the formulation of educational policies and programs. It shall encourage learning institutions to take into account the special needs of persons with disability with respect to the use of school facilities, class schedules, physical education requirements and other pertinent consideration. The City shall also promote the provision by learning institutions, especially higher learning institutions, of auxiliary services that will facilitate the learning process for persons with disability. SECTION 12. ASSISTANCE TO PERSONS WITH DISABILITY or DIFFERENTLY ABLED STUDENTS.- The City shall provide financial assistance to economically marginalized but deserving persons with disability pursuing post secondary or tertiary education. Such assistance may be in the form of scholarship grants, student loan programs, subsidies, and other incentives to qualified PWD or differently abled students in both public and private schools. At least five percent (5%) of the allocation for the Private Education Student Financial Assistance Program created by virtue of (R.A.6725- AN ACT STRENGTHENING THE PROHIBITION ON DISCRIMINATION AGAINST WOMEN WITH RESPECT TO TERMS AND CONDITIONS OF EMPLOYMENT, AMENDING FOR THE PURPOSE ARTICLE ONE HUNDRED THIRTY-FIVE OF THE LABOR CODE,AS AMENDED.) shall be set aside for differently abled students pursuing vocational or technical and degree courses. SECTION 13. SPECIAL EDUCATION.- The City shall establish, maintain and support a complete, adequate and integrated system of special education for the visually impaired, hearing impaired, mentally retarded persons and other types of exceptional children in the city. Toward this end, the Department of Education shall establish special education classes in public schools in the city. It shall also establish, where viable, Braille and Record Libraries in the city. The City Government shall allocate and/or help look for funding institutions for the effective implementation of the special education program in the city. SECTION 14. VOCATIONAL or TECHNICAL and OTHER TRAINING PROGRAMS.- The City shall provide persons with disability with training in civics, vocational efficiency, sports and physical fitness, and other skills. The Department of Education, shall establish in at least one government - owned vocational and technical school in a special vocational and technical training program for persons with disability. It shall develop and implement sports and physical fitness programs specifically designed for persons with disability taking into consideration the nature of their handicap. SECTION 15. NON-FORMAL EDUCATION. - The City shall develop non-formal education programs intended for the total human development of persons with disability. It shall provide adequate resources for non-formal education programs and projects that cater to the special needs of persons with disability. SECTION 16. STATE UNIVERSITIES and COLLEGES.- If viable and needed, the State Universities or State Colleges in the city shall be responsible for (a) the development of material appliances and technical aids for persons with disability (b) the development of training materials for vocational rehabilitation an special education instructions: and (c) the research on special problems, particular of the visually impaired, speech-impaired, and orthopedically-impaired students, mentally retarded, and multi-handicapped and others, and the elimination of social barriers and discrimination against person with disability, and (d) inclusion of the Special Education for Disabled (SPED) course in the curriculum. The National Government shall provide these state universities and colleges with the necessary special facilities for visually-impaired, hearing-impaired, speech-impaired, and orthopedically-impaired students. It shall likewise allocate the necessary funds in support of the above. SECTION 17. CITY HEALTH PROGRAM. The City Health Department in coordination with the City Council for the Welfare of Persons with disability shall institute a City Health program which shall aim to attain the following: prevention of disability, whether occurring prenatally or post-natally; recognition and early diagnosis of disability; and early rehabilitation of the person with disability. SECTION 18. REHABILITATION CENTERS.- The City Government through City Health Department shall coordinate with the Provincial Chief Executive through its Provincial Hospital/Medical Center for the establishment of a medical rehabilitation center and shall include the allocation from the Provincial and City budgets for the operation of the center. Both agencies (Province and City) shall agree in the formulation and implementation of a program to enable marginalized persons with disability to avail of a minimally-charge rehabilitation services in government. SECTION 19. HEALTH SERVICES.- The City shall protect and promote the right to health of persons with disability and shall adopt an integrated and comprehensive approach to their health development which shall make essential health services available to them at affordable cost. The City Government shall provide an integrated health service for persons with disability which shall include, but not limited to the following: prevention of disability through immunization, nutrition, environmental protection and preservation, and genetic counseling, and early detection of disability and timely intervention to arrest disabling condition; and medical treatment and rehabilitation. The City Government shall coordinate with the National Department of Health (a) to field medical personnel specializing in the treatment and rehabilitation of persons with disability to the Provincial Medical Center,(b) to train its field health personnel in the provision of medical attention to persons with disability and (c) to ensure that its field health units have the necessary capabilities to fit prosthetic and orthotic appliances on persons with disability. SECTION 20. AUXILIARY SOCIAL SERVICES.- The City shall ensure that marginalized persons are provided with the necessary auxiliary services that will restore their social functioning and participation in community affairs. Toward this end, the City Social Welfare and Development shall develop and implement programs on auxiliary social services that respond to the needs of marginalized persons with disability. The components of such a program shall be to facilitate as follows: assistance in the acquisition of prosthetic devices and medical intervention of specialty services; provision of specialized training activities designed to improve functional limitations of persons with disability related to communication skills; development among persons with disability of a positive self-image through the provision of counseling, orientation and mobility and strengthening daily living capability; provision of family care services geared towards developing the capability of families to respond to the needs of the members of the family; provision of substitute family care services and the facilities therefore for abandoned, neglected, abused and unattached persons with disability who need custodial care; provision of after care and follow-up services for the continued rehabilitation in community - based setting of persons with disability who were released from residential care or rehabilitation centers; and provision of day care services for children of pre-school age. SECTION 21. TELEPHONE SERVICES.- All telephone companies shall be encouraged to install special telephone devices or units for the hearing-impaired and ensure that they are commercially available to enable them to communicate through the telephone system. SECTION 22. FREE-POSTAL CHARGES for the PERSONS WITH DISABILITY .- Postal charges shall be free on the following: articles and literatures like books and periodicals, orthopedic and other devices, and teaching aids for the use of the person with disability sent by mail within the Philippines and abroad; and Provided, that the aforesaid items are for personal purposes only: Provided further, that the person with disability is a marginalized person duly certified by the City Social Welfare and Development Office of the City Government. SECTION 23. BARRIER -FREE ENVIRONMENT.- The City shall ensure the attainment of a barrier-free environment that will enable person with disability to have access in public and private buildings and establishments and such other places mentioned in Batas Pambansa Bilang 344,, otherwise known as the "Accessibility Law". The City governments shall allocate funds for the provision of architectural facilities or structural features for persons with disability in government buildings and facilities. SECTION 24. MOBILITY.- The City shall promote the mobility of persons with disability and be allowed to drive motor vehicles, subject to the rules and regulations issued by the Land Transportation Office pertinent to the nature of their disability and the appropriate adaptations or modifications made on such vehicles. SECTION 25. SYSTEM OF VOTING.- Persons with disability shall be allowed to be assisted by a person of his choice in voting in the national or local elections. The person thus chosen shall prepare the ballot for the person with disability voter inside the voting booth. The person assisting shall bind himself in a formal document under oath to fill out the ballot strictly in accordance with the instructions of the voter and not to reveal the contents of the ballot prepared by him. Violation of this provision shall constitute an election offense. Polling places should be made accessible to persons with disability during national and local elections. SECTION 26. RIGHT TO ASSEMBLE.- Consistent with the provisions of the Constitution, the City shall recognize the right of persons with disability to participate in processions, rallies, parades, demonstrations, public meetings and assemblages or other forms of mass or concerted action held in public. SECTION 27. RIGHT TO ORGANIZE.- The city recognizes the right to persons with disability to form organizations or associations that promote their welfare and advance or safeguard their interests. The City through its agencies, instrumentalities and subdivisions, shall assist persons with disability in establishing self-help organizations by providing them with the necessary technical and financial assistance. Concerned government agencies and offices shall establish close linkages with organizations of persons with disability in order to respond expeditiously to the needs of persons with disability. National line agencies and the city government unit shall assist person with disability in setting up and their management of specific projects like business propositions. To ensure the active participation of persons with disability in the social and economic development of the country, their organizations shall be encouraged to participate in the planning, organization and management of government programs and projects for persons with disability. Organizations of persons with disability shall participate in the identification and preparation of programs that shall serve to develop employment opportunities for persons with disability. SECTION 28. DISCRIMINATION ON EMPLOYMENT.- No entity, whether public or private shall discriminate against qualified persons with disability by reason of disability in regard to job application procedures, hiring, promotion, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. The following constitute acts of discrimination: Limiting, segregating or classifying a person with disability job applicant in such a manner that adversely affects his work opportunities; Using qualification standards, employment tests or other selection criteria that screen out or tend to screen out a person with disability unless such standards, test or other selection criteria are shown to be job-related for the positioning question and are consistent with business necessity; Utilizing standards, criteria, or methods of administration that: have the effect of discrimination on the basis of disability; or perpetuate the discrimination of others who are subject to common administrative control; Providing less compensation, such as salary, wage or other forms of remuneration and fringe benefits, to a qualified employee, by reason of his disability, than the amount to which a non-disabled person performing the same work is entitled; Favoring a non-disabled employee over a qualified employee with respect to promotion, training opportunities, study and scholarship grants, solely on account of the latter's disability; Re-assigning or transferring a differently abled employee to a job or position he cannot perform by reason of his disability; Dismissing or terminating the services of a differently abled employee by reason of his disability unless the employer can prove that he 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 persons with disability; Failing to select or administer in the most effective manner employment test which accurately reflect the skills, aptitude or other factor of the applicant or employee that such test purports to measure, rather than the impaired sensory, manual or speaking skills of such applicant or employee, if any; and Excluding persons with disability from membership in labor unions or similar organizations. SECTION 29. EMPLOYMENT ENTRANCE EXAMINATION.- Upon an offer of employment, a differently-abled applicant may be subjected to medical examination, on the following occasions: all entering employees are subjected to such an examination regardless of disability; 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: supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employees and necessary accommodations; first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; government officials investigating compliance with this Ordinance shall be provided relevant information on request; and the results of such examination are used only in accordance with this Ordinance. SECTION 30. PUBLIC TRANSPORTATION.- 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 31. USE of GOVERNMENT RECREATIONAL OR SPORTS CENTERS FREE OF CHARGE.- Recreational or sports centers owned or operated by the Government shall be used, free of charge, by marginalized persons with disability during their social, sports or recreation activities. SECTION 32. HOUSING PROGRAM.- the City Government shall take into consideration in its shelter program the special housing requirements of persons with disability. SECTION 33. ROLE of the CITY LOCAL GOVERNMENT UNITS.- The City Government shall promote the establishment of organizations of persons with disability. It (city) may enter into joint ventures with organizations or associations of persons with disability and national Government agencies to explore livelihood opportunities and other undertakings that shall enhance the health, physical fitness and the economic and social well-being of persons with disability. SECTION 34. SUPPORT from NON-GOVERNMENT ORGANIZATIONS. - Non-government organizations or private volunteer organizations dedicated to the purpose of promoting and enhancing the welfare of persons with disability are hereby encouraged to become partners of the City Government in the implantation of vocational rehabilitation measures and other related programs and projects. Accordingly, their participation in the implementation of said measures, programs and projects is to be extended all possible support by the city. The City shall sponsor a volunteer service program which shall harness the involvement of private individuals in the provision of assistance to persons with disability. SECTION 35. TAX INCENTIVE.- (a)Any donation, bequest, subsidy or financial aid which may be made to the city government engaged in the rehabilitation of persons with disability and organizations of persons with disability shall be exempt from the donor's tax subject to the provisions of section 94 of the National Internal Revenue Code (NIRC), as amended and shall be allowed as deduction from the donor's gross income for purposes of computing the taxable income subject to the provisions of section 29(h) of the Code. Donations from foreign countries shall be exempt from taxes and duties on importation subject to the provisions of section 105 of the NIRC, as amended and other relevant laws and international agreements. Local manufacturing of technical aids and appliances used by persons with disability shall be considered as a preferred area of investment subject to the provisions of Executive order No. 226 otherwise known as the "Omnibus Investment Code of 1987" and, as such, shall enjoy the rights, privileges and incentives as provided in said Code such as, but not limited, to the following: repatriation of investments; remittance of earnings; remittance of payments on foreign contracts; freedom from expropriations; freedom from requisition of investment; income tax holiday; additional deduction for labor expense; tax and duty exemption on imported capital equipment; tax credit on domestic capital equipment; exemption from contractor's tax; simplification of customs procedures unrestricted use of consigned equipment; employment of foreign nationals; tax credit for taxes and duties on raw materials; access to bonded manufacturing/trading warehouse system. exemption from taxes and duties on imported spare parts; and exemption from wharfage dues and any export tax, duty import and fee CHAPTER III OTHER PRIVILEGES and INCENTIVES SECTION 36. THE PERSONS WITH DISABILITY SHALL BE ENTITLED to the following:- In accordance with R.A No. 9442 ( an amendment of R.A. No. 7277 or the Magna Carta for Disabled Persons). 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; 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 or enjoyment of persons with disability; At least twenty percent (20%) discount for the purchase of medicines in all drugstores for the exclusive use or enjoyment of persons with disability; 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 test, in all government facilities, subject to guidelines issued by the Department of Health (DOH), in coordination with the Philippines Health Insurance Corporation (PHILHEALTH); At least (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 issued by the DOH, in coordination with the PHILHEALTH; At least twenty percent (20%) discount on fare for domestic air and sea travel for the exclusive use or enjoyment of persons with disability; At least twenty percent (20%) discount in public railways, skyways and bus fare for the exclusive use and enjoyment of persons with disability; 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 scholarship, grants, financial aids, subsidies and other incentives to qualified persons with disability including support for books learning materials and uniform allowance to the extent feasible: Provided, That persons with disability shall meet minimum admission requirements; 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 services; 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 issued for the purpose by the Department of Trade and Industry (DTI) and the Department of Agriculture (DA);and Provision of express lanes for persons with disability in all commercial and government establishments; in the absence thereof, priority shall be given to them. SECTION 37. CONDITIONALITIES to AVAIL of SECTION 37 of this CODE. 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: An identification card issued by the city mayor of Pagadian where the person with disability resides. The passport of the persons with disability concerned; or 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 as may be granted by the commercial establishment and/or under other existing laws or in combination with other discount program/s. The establishment may claim the discounts granted in sub-sections (a),(b),(c),(e),(f) and (g) 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 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 38. INCENTIVES.- Those caring for and living with a person with disability shall be granted the following incentives: Persons with disability shall be treated as dependents under 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 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 city or barangay roads leading to the aforesaid home, residential community or retirement village. CHAPTER IV DELIVERANCE FROM PUBLIC REDICULE AND VILIFICATION Section 39. PUBLIC RIDICULE.- No individual, group or community shall execute acts of ridicule against PWDs at all times and any place which could intimidate or result in loss of self-esteem of the latter. Section 40. VILIFICATION. Any individual group or community is hereby prohibited from vilifying any PWD which could result into loss of self-esteem of the latter. CHAPTER V FINAL PROVISIONS Section 41. PENAL CLAUSE.- (a) Any person who violates any provision of this Act shall suffer the following penalties: For the first violation, a fine of not less than One Thousand Pesos (P 1,000.00) but not exceeding Five Thousand Pesos (P5,000.00) or imprisonment of not less than six months but not more than two years, or both at the discretion of the court; and For any subsequent violation, a fine of not less than Two Thousand Pesos (P 2,000.00) but not exceeding Five Thousand Pesos (P5,000.00) or imprisonment for not less than two years but not more than six years, or both at the discretion of the court. 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 One Thousand Pesos (P1,000.00), but not more than Five Thousand Pesos (P5,000.00), or both, at the discretion of the court. If the violator is a corporation, organization or any similar entity, the officials thereof directly involved shall be liable therefor. If the violator is an alien or a foreigner, he shall be deported immediately after services of sentence without further deportation proceedings. e) 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". Section 42. IMPLEMENTING RULES and REGULATIONS.- Pertinent to the provisions of this code, the City Social Welfare Office and the City Health Office in conjunction and consultation with the City Legal Office, City DILG, City DepEd, DOLE, Bureau of Internal Revenue Pagadian City Office, Land Transportation Office (LTO), National Telecommunications Office, City Engineer's Office, City Building Officials, Persons with Disability Representatives and the City Council for the Welfare Persons With Disability shall formulate the Implementing Rules and Regulations of this code within two (2) months after the effectivity of this code. Section 43. City Council for the Welfare of Persons with Disability (CCW-PWD); its Composition, Powers, Duties and Functions - The CCW-PWD is hereby created which shall be composed of the Governing Council. The Governing Council hereinafter referred to as the "Council" shall be composed of the following, to wit: Chairman : Chief Executive Assistant Vice Chairman : City Administrator Members : City Social Welfare and Development Office : City Health Officer : PESO Manager : City Schools Division Superintendent : City Local Government Operations Officer : (2) disabled persons representing city accredited PWD Organization; and : (2) representatives from civic and/or cause-oriented city accredited organizations concerned with the welfare of PWDs. Powers and Functions of the Council - City Council for the Welfare of Persons with Disability (CCW-PWD), shall have the following powers and functions, viz: 1) Formulate policies and propose legislations concerning the rights and well being of disabled persons, and spearhead in the implementation of programs and services concerning the same; 2) 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 disability. 3) Conduct researches and studies relevant to formulated policies to promote and enhance at all levels the rights of persons with disability. 4) 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 disability including provision of assistive devices; 5) Establish and maintain linkages and networking with local and international organizations, including organizations of and for persons with disability to generate resources and to maximize utilization of existing resources for purposes of convergence; 6) Serve as a local working body to promote and monitor implementation of national laws and 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 disability in the social and economic development of the city; Section 44. CITY COMPREHENSIVE DATABASE on PWDs.- Per Joint Memorandum Circular # 2004-01, LGUs are mandated to establish a comprehensive database on persons with disability (PWDs). The City shall facilitate/enhance the Local registration of PWDs by mobilizing the "supervising team" composed of the CHO, CSWDO, CLGOO and 54 Punong Barangays. A PWD Personal Information sheet (PIS) shall be formulated by the "supervising team", which forms must be accurately and completely filled/accomplished. The accomplished forms shall be collated, evaluated, reviewed, stored and maintained as data on PWD-PIS. The accuracy and completeness of the accomplished PWD-PIS must be certified by the supervising team. The summary report of registered PWDs per barangay shall be submitted to the City, then to the province for record and master list purposes which must be updated annually. The CHO in coordination with the Provincial Health Office and the local medical society shall diagnose and treat PWDs according to level of expertise and resources, and/or refer to the specialist on special centers PWDs requiring services. Punong Barangays shall mobilize their respective Barangay Council members and volunteers to locate the PWDs and organize their Registration Committees Each barangay shall intensify IEC and provide an accessible area for PWDs to register which accomplished PWD-PIS shall be submitted to the CHO for consolidation. Pursuant to Proclamation No. 240 dated August 21, 2002 in connection with the declared period 2003-2012 as the Philippine Decade of PWDs the funds necessary in the conduct of Local Registration for PWDs shall be sourced from the City & Barangay Annual Budget subject to the usual accounting and auditing rules & regulations. SECTION 45. APPROPRIATIONS. The amount necessary to carry out the provisions of this Code shall be included in the City Annual Budget of 2010. SECTION 46. 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 47. REPEALING CLAUSE. All other statutes inconsistent with the provisions of this Code are hereby repealed or modified accordingly. SECTION 48. EFFECTIVITY. This Code shall take effect fifteen (15) days after its publication in any two (2) newspapers of provincial circulation. ENACTED AND APPROVED by the 9th City Council of Pagadian City during its 105th Regular Session held on November 17, 2009 at the Sangguniang Panlungsod Session Hall.