CITY ORDINANCE 2023-526
(Authored by: Honorable Monique Shaira Y. To)
"AN ORDINANCE ESTABLISHING THE PERSONS WITH DISABILITIES AFFAIRS OFFICE IN THE CITY OF PAGADIAN, DEFINING ITS ORGANIZATIONAL STRUCTURE AND APPROPRIATING FUNDS THEREFORE."
WHEREAS, Article XIII, Section 13 of the 1987 Philippine Constitution provides that the state shall establish a special agency for Disabled Persons for their rehabilitation, self- development, self-reliance and their integration into the mainstream of society.
WHEREAS, Section 1 of RA No. 10070 mandates the creation of Persons with Disabilities Affairs Office (PDAO) in every province, city and municipality and designation of a Focal Person in the fourth (4th), fifth (5th) and sixth (6th) class municipalities who shall perform the functions of PDAO;
WHEREAS, Section 6 of the Implementing Rules and Regulations (IRR) of RA 1007O provides that, "The Sangguniang Panlalawigan/Panlungsod/Bayan shall pass an Ordinance creating the PDAO organizational structure, staffing pattern and its annual appropriation to carry out its functions.
In 4th, 5th, and 6th class municipalities, the municipal mayor shall designate or appoint a Focal Person to perform the functions of PDAO."
WHEREAS, Section 7 of the aforementioned IRR further stipulates that "Priority shall be given to qualified person with disabilities in the appointment of the head of PDAO for the provinces, cities, and 1st, 2nd and 3rd class municipalities, and the Focal Person for 4th, 5th and 6th class municipalities.
Enforcement of Sections 325(a) and 331(b) of R.A. 7160 shall be waived to enable local government units to fund the initial year requirements for newly created mandatory positions in LGUS, as confirmed by the Department of Budget and Management (DBM) based on the general provision of the annual GAA on the enforcement of the Personnel Services limitations, for the initial year of creation of mandatory offices.";
WHEREAS, the Department of Interior and Local Government issued Memorandum Circular No. 2017-119 dated September 13, 2017, titled, "GUIDELINES FOR THE ESTABLISHMENT OF PERSONS WITH DISABILITIES AFFAIRS OFFICE (PDAO) AND THE CONDUCT OF THE PERSONS WITH DISABILITIES GENERAL ASSEMBLY".
NOW THEREFORE, in view of the foregoing premises, be it ordained by the Sangguniang Panlungsod (14th City Council) of Pagadian, in session assembled that:
SECTION 1. TITLE. This Ordinance shall be known as "AN ORDINANCE ESTABLISHING THE PERSONS WITH DISABILITIES AFFAIRS OFFICE IN THE CITY OF PAGADIAN, DEFINING ITS ORGANIZATIONAL STRUCTURE AND APPROPRIATING FUNDS THEREFORE."
SECTION 2. DECLARATION OF POLICY. - The Local Government Unit of Pagadian City hereby adopts the policy of Republic Act No. 7277 as amended and as further amended, as reduced to the following principles:
PWDs are part of Philippine society, thus the LGU of Pagadian City shall give full support to the improvement of the total well-being of PWDs and their integration into the mainstream of society. Towards this end, the LGU of Pagadian shall adopt policies ensuring the rehabilitation, self-development and self-reliance of PWDS. It shall develop their skills and potentials to enable them to compete favorably for available opportunities.
PWDs 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. PWDs' rights must never be perceived as welfare services by the Government.
c. The rehabilitation of PWDs shall be the concern of the LGU of Pagadian in order to foster their capability to attain a more meaningful, productive and satisfying life. To reach out to a greater number of PWDs, 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.
d. The Local Government of Pagadian also recognizes the role of the private sector in promoting the welfare of PWDs and shall encourage partnership in programs that address their needs and concerns.
e. To facilitate integration of PWDs into the mainstream of society, the Local Government of Pagadian shall advocate for and encourage respect for PWDs. It shall exert all efforts to remove all social, cultural, economic, environmental and attitudinal barriers that are prejudicial to PWDs.
SECTION 3. ESTABLISHMENT. Persons with Disabilities Affairs Office (PDAO) is hereby established as a separate Department of Pagadian City considering that Pagadian is classified as 2nd Class City in Zamboanga del Sur, Region IX.
SECTION 4. PERSONNEL COMPOSITION.
POSITION TITLE
SALARY GRADE
City Persons with Disability Affairs Officer (Department Head)
SG 25
Disability Affairs V (Assistant Department Head)
SG 23
Disability Affairs Officer IV
SG 22
Disability Affairs Officer lll
SG 18
Disability Affairs Officer ll
SG 15
Disability Affairs Officer l
SG 11
Disability Affairs Assistant
SG 8
Subject to the qualification standards and other existing laws, all personnel of PDAO shall be composed of qualified Persons with Disabilities or family members of PWDs who have proven track records in dealing the sector and in serving the persons with disabilities for least three (3) years.
SECTION 5. FUNCTIONS. PDAO shall carry out the following functions:
1. Formulate and implement policies, plans and programs for the promotion of the welfare of PWDs in coordination with the Department of Social Welfare and Development, the National Council on Disability Affairs, Provincial Persons with Disability Affairs Office, League of PWD Affairs Officers of the Philippines and other concerned national and local government agencies;
2. Coordinate the implementation of the provisions of Republic Act No. 7277, as amended, Batas Pambansa Blg. 344, otherwise known as the Accessibility Law, Republic Act No. 6759, otherwise known as the White Cane Act, and other relevant laws and their implementing rules and regulations;
3. Serve as lead implementing agency of all ordinances granting privileges and incentives to PWDs that may have been or that may, in the future, be ordained by the Sanggunian;
4. Represent PWDs in the meetings of local development councils and other Special Bodies,
5. Recommend and enjoin the participation of Non-Government Organizations (NGOs) and People's Organizations (POs) in the implementation of all disability-related laws and policies;
6. Gather and compile relevant data on PWDs in the localities;
7. 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;
8. Submit reports on the implementation of programs and services for the promotion of the welfare of PWDs in the area of jurisdiction;
9. Ensure that the policies, plans and programs for the promotion of the welfare of PWDs are funded by both the national and local government;
10. Monitor fundraising activities conducted for the benefit of PWDs;
11. Assist Non-Government Organizations and People's Organizations for the PWDs Sector in obtaining donations in cash or in kind from local and foreign donors for the purpose of implementing work plans for PWDs in accordance with existing laws and regulations;
12. Create a working network with the Non-Government Organizations involved in the enhancement of the health, physical fitness and economic and social well-being of PWDs in order to optimize utilization of resources, manpower and know-how;
13. Perform such other functions as may be necessary for the promotion and protection of the welfare of the PWDs.
SECTION 6. APPROPRIATION. - At least Three Hundred Thousand Pesos (Php 300,000.00) for its MOOE shall be included in the regular annual budget excluding Personnel Services and capital outlay allocations to effectively implement this Ordinance.
SECTION 7. OFFICE SPACE AND OTHER FACILITIES. - Persons with Disabilities Affairs Office shall have its office at the ground floor of the City Hall or at an area accessible in consideration, among others, to the physical, intellectual and sensory impairments of the staff and persons transacting thereat. It shall have the necessary equipment and supplies for its official operations.
SECTION 8. REPEALING CLAUSE. - All existing ordinances, resolutions, local executive orders, rules and regulations inconsistent herewith are hereby repealed and modified accordingly.
SECTION 9. SEPARABILITY CLAUSE. - Should any provision of this Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, the provisions not affected thereby shall continue to be in full force and effect.
SECTION 10. EFFECTIVITY. - This Ordinance shall take effect fifteen (15) days after its publication in a newspaper of local or general circulation and the posting thereof in at least two (2) conspicuous places in the City.
ENACTED AND APPROVED by the Sangguniang Panlungsod (14th City Council) during its 22nd Regular Session on 18 January 2023 at the SP Session Hall, 4th Floor City Commercial Center (C3), Santiago District, Pagadian City.
BALDOMERO FERNANDEZ
City Vice Mayor/Presiding Officer
Verified:
JESUS B. BAJAMUNDE, JR.
SP Member/Floor Leader
Attested:
LIONEL B. COMIQUE
OIC-Secretary to the Sangguniang Panlungsod
Approved:
SAMUEL S. CO
City Mayor
Date: _______________