Amending P.D. No. 1509 Re: Creation of the National Commission Concerning Disabled Persons

January 4, 1981

PRESIDENTIAL DECREE NO. 1761

AMENDING PRESIDENTIAL DECREE NO. 1509 CREATING THE NATIONAL COMMISSION CONCERNING DISABLED PERSONS AND FOR OTHER PURPOSES

WHEREAS, Presidential Decree No. 1509 was issued on June 11, 1978, to create a central authority that will direct, coordinate and integrate planning, management and implementation of all activities pertaining to the welfare of the disabled;

WHEREAS, in order to enable the National Commission Concerning Disabled Persons to perform its functions more effectively as a central coordinating body, vital amendments to P.D. 1509 are deemed necessary.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby amend Presidential Decree No. 1509 as follows:

SECTION 1. Section 6 of the Decree is hereby amended to read as follows:

"Sec. 6. Duties of the Chairman. — The Chairman shall perform the following duties:

a. To call and preside over the meetings of the Board;

b. To manage and administer the affairs of the Commission;

c. To ensure that the decisions and policies of the Board are implemented;

d. To sign for and represent the Commission;

e. To accept on behalf of the Commission, gifts, grants or donations and to administer and disburse the same with the approval of the Board and in accordance with government rules, regulations and policies;

f. To enter into and execute such contracts as may be deemed necessary in the pursuit of the Commission's objectives, subject to the approval of the Board and in accordance with government rules, regulations and policies;

g. To organize permanent or ad-hoc committees, consisting of members of the Board or such other experts as are deemed necessary for the discharge of the functions of the Commission."

SECTION 2. Section 7 of the Decree is hereby amended to read as follows:

"Sec. 7. Personnel. — Upon recommendation of the Chairman, the Commission shall create positions for personnel, including part-time, temporary and contract employees. They shall be appointed by the Chairman, subject to the approval of the Board, and their salaries shall likewise be fixed by the Board. All personnel shall be under the supervision and control of the Chairman and all positions in the Commission shall be exempt from compensation and Position Classification by the Office of the Compensation and Position Classification of the Ministry of the Budget, but shall , however, be subject to civil service rules and regulations.

The staff shall be headed by an Executive Director who shall perform the following duties:

a. To assist the Chairman in directing and managing the affairs of the Commission, in accordance with policies enunciated by the Board;

b. To sit in all meetings of the Board and participate in its discussions without the right to vote; to recommend to the Board through the Chairman, changes in the existing organizational structure and to implement the same upon approval by the Board;

c. To assist the Chairman in the administration, obligation and disbursement of funds, subject to the approval of the Board and in accordance with government rules and regulations;

d. To submit annual, supplementary and/or amendatory budget proposals to the Board, thru the Chairman;

e. To recommend, to the Board through the Chairman, policies, programs and project proposals on disability prevention and rehabilitation and related matters, and to submit recommendations for the effective coordination and implementation of approved programs and projects;

f. To perform such other duties as may be assigned to him by the Chairman and the Board from time to time."

SECTION 3. Section 8 of the Decree is hereby amended to read as follows:

"Sec. 8. Meetings. — The Board shall meet every month or oftener at the call of the Chairman.

The presence of a majority of the Board members shall constitute a quorum and decisions shall be carried by a vote of a majority of the members present.

Members of the Board shall receive no compensation, but shall be entitled to travelling, representation and other allowances at such rates that the Board may determine. The Chairman shall receive such compensation and allowances as the Board may also determine."

SECTION 4. Section 10 of the Decree is hereby amended as follows:

"Sec. 10. Donation. — The Commission shall be authorized to receive grants, donations, contributions or gifts which will be administered or disbursed for the purpose for which they were given or in the absence of such purpose, in a manner which will best promote the objectives of the Commission, as the Board may determine. In both cases, government rules and regulations shall apply. All such grants, donations, contributions or gifts to the Commission shall be exempt from customs duties, income and gift taxes and shall be deductible in full and shall be included for purposes of computing the maximum deductible under the National Internal Revenue Code, as amended."

SECTION 5. Repealing Clause. — All laws and executive orders, or parts thereof, contrary to, or inconsistent with the provisions of this Decree are hereby repealed, amended or modified accordingly.

SECTION 6. Effectivity. — This Decree amending Presidential Decree No. 1509 shall take effect immediately.

DONE in the City of Manila, this 4th day of January, in the year of Our Lord, Nineteen Hundred and Eighty-One.

Published in the Official Gazette, Vol. 77 No. 19, 2451-4 Supp., on May 11, 1981.