AN ORDINANCE RENAMING PERSONS WITH DISABILITIES AFFAIRS UNIT TO PERSONS WITH DISABILITIES AFFAIRS OFFICE STRENGTHENING ITS ORGANIZATIONAL STRUCTURE IN ACCORDANCE WITH R.A. 10070 AMENDING FOR THE PURPOSE ORDINANCE NO. 354 SERIES OF 2009 AND APPROPRIATING FUNDS THEREOF. EXPLANATORY NOTES: WHEREAS, ARTICLE XIII, Section 13 of the 1987 Constitution provides that the State shall establish a special agency for Persons With Disabilities (PWD’s) for their rehabilitation, self-development, self-reliance and their integration into the mainstream of society; WHEREAS, Section 40 (b) (1) of Republic Act No. 7277 amended by Republic Act No. 10070, mandates the organization and establishments of Persons with Disabilities Affairs Office in all local government units which shall serve as an institutional mechanism to ensure the implementation of programs and services for PWD’s: WHEREAS, Section 458 – (I and VIII) of R.A. 7160 known as the Local Government Code of 1991”, grants upon the local legislative body the power to approve ordinances and pass resolutions necessary for an efficient and effective local governance including the authority to determine the powers and duties of officials and employees thereat and to determine the positions and the salaries, wages, allowances and other emoluments and benefits of officials and employees paid wholely or mainly from local funds and provide for expenditures necessary for the proper conduct of programs, projects, services and activities of the local government; WHEREAS, in 2008, the Philippines ratified the United Nations Convention on the Rights of Persons With Disabilities for which the State has the obligation to adopts appropriate measures leading to the social and economic development of the sector; WHEREAS, the present Persons with Disabilities Affairs Unit under the Office of City Social Welfare and Development created by Ordinance No. 354 series of 2009 does not have enough resources, manpower and authority to implement meaningful programs and projects for the sector and to effectively carry-out in coordination with the concerned Government Agencies and Civil Society Organizations all disability related policies; WHEREAS, PHILIPPINE BLIND UNION INC., a legitimate national federation of the blind and visually impaired people affiliated with WORLD BLIND UNION in partnership with local organizations, untiringly lobbied for the passage of ordinance pertinent to the implementation of R.A. 10070; NOW THEREFORE, BE IT ORDAINED BY SANGGUNIANG PANGLUNGSOD OF ZAMBOANGA REGULAR SESSION ASSEMBLED: SECTION 1. TITTLE: This ordinance shall be known as “AN ORDINANCE RENAMING PERSONS WITH DISABILITIES AFFAIRS UNIT TO PERSONS WITH DISABILITIES AFFAIRS OFFICE STRENGTHENING ITS ORGANIZATIONAL STRUCTURE IN ACCORDANCE WITH R.A. 10070 AMENDING FOR THE PURPOSE ORDINANCE NO. 354 SERIES OF 2009 AND APPROPRIATING FUNDS THEREOF”. SECTION 2. Declaration of Policy, - The city government of Zamboanga hereby adopts the policy of Republic Act No. 7277 as amended and as further amended, as reduced to the following principles: a. PWD’s are part of Philippine society, thus the city government of Zamboanga 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 city government of Zamboanga 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. b. PWD’s 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 nongovernment organizations. PWD’s rights must never be perceived as welfare services by the Government. c. The rehabilitation of PWD’s shall be the concern of the city government of Zamboanga in order to foster their capacity 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 programs that will ensure full participation of different sectors as supported by national and local government agencies. d. The city government of Zamboanga also recognizes the role of the private sector in promoting the welfare of PWD’s and shall encourage partnership in programs that address their needs and concerns. e. To facilitate integration of PWD’s into the mainstream of society; the city government of Zamboanga shall advocate for and encourage respect for PWD’s. It shall exert all efforts to remove all social, cultural, economic, environmental and attitudinal barriers that are prejudicial to PWD’s SECTION 3. Establishment of Persons with Disabilities Affairs Office, staffing composition, functions and appropriations: SECTIONS 3, 4, 5 and 6 of Ordinance No. 354 series of 2009 are hereby amended to read as follows: a. Establishment. Persons with Disabilities Affairs Office is hereby established structured as a DIVISION under the CITY GOVERNMENT OF ZAMBOANGA attached to the OFFICE OF THE CITY SOCIAL WELFARE AND DEVELOPMENT or at any of the local offices as may be identified by the City Mayor. b. Additional Personnel: 1. Composition; No. Position Title Salary Grade 1 Social Welfare Officer IV 22 1 Social Welfare Officer II 15 2. Subject to the qualification standards and other existing laws, all personnel of PDAO shall be composed preferably by Persons With Disabilities. c. Functions. PDAO shall carry-out the following functions: 1. Formulate and implement policies, plans and programs for the promotion of the welfare of PWD’s in coordination with the Department of Social Welfare and Development, the National Council on Disability Affairs, concerned national and local government agencies and PWD’s; 2. Coordinate the implementation of the provisions of Republic Act No. 7277, Batas Pambansa Blg. 344, otherwise known as the Accessibility Law, Republic Act No. 6759, otherwise known as the White Cane Act, other relevant laws and their implementing rules and regulations; 3. Serve as lead implementing agency of all ordinances granting privileges and incentives to PWD’s that may have been or that may in the future be ordained by Sangguniang Panglungsod; 4. Represents PWD’s in meetings of local development councils and other special bodies; 5. Recommend and enjoin the participation of nongovernment organizations and people’s organizations in the implementation of all disability-related policies and programs; 6. Gather and compile relevant data on PWD’s in the localities; 7. Disseminate information including, but not limited to programs and activities for PWD’s, statistics on PWD’s, including children with disability, and training and employment opportunities for PWD’s; 8. Submit reports on the implementation of programs and services for the promotion of the welfare of PWD’s within the areas of jurisdiction; 9. Ensure that the policies, plans and programs for the promotion of the welfare of PWD’s are funded by both the national and local government; 10. Monitor fundraising activities being conducted for the benefit of PWD’s; 11. Assist non-government organizations and people’s organizations for the PWD’s Sector in obtaining donations in cash or in kind from local and foreign donors for the purpose of implementing work plans for PWD’s in accordance with existing laws and regulations; 12. Create a working network with the non-government organizations of Zamboanga City involved in the enhancement of the health, physical fitness and economic and social well-being of PWD’s 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 PWD’s; d. Appropriation. – An initial amount of Three Million Pesos (Php. 3,000,000.00) shall be incorporated in the regular annual budget of the city for the exclusive use of Persons with Disabilities Affairs Office for the implementation of its programs, projects, activities and other official transactions. SECTION 4. All existing personnel of Persons with Disabilities Affairs Unit as per Ordinance No. 354 series of 2009 shall be transferred and absorbed by Persons with Disabilities Affairs Office. They shall comprise the initial work force thereat. SECTION 5. Office Space and Other Facilities. – The Office of the Mayor shall ensure that the PDAO shall have its office at the ground floor of the Office of City Social Welfare and Development or at an area accessible to PWD’s in consideration to their physical, intellectual, sensory impairments, among others. It shall have the necessary equipments and supplies for its official transactions. SECTION 6. Repealing Clause. – All existing ordinances, resolutions, local executive orders, rules and regulations inconsistent herewith are hereby repealed and modified accordingly. SECTION 7. 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 8. Effectivity. – This Ordinance shall take effect immediately upon its approval. ENACTED: _____February 2014 by SANGGUNIAN PANGLUNGSOD of Zamboanga. Drafted by: TEDDY M. KAHIL
Posted on: Wed, 05 Mar 2014 05:34:11 +0000
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