Guidelines for Establishment of PDAO and the Conduct of the Persons with Disabilities General Assembly

September 13, 2017

DILG MEMORANDUM CIRCULAR NO. 119-17

GUIDELINES FOR THE ESTABLISHMENT OF PERSONS WITH DISABILITIES AFFAIRS OFFICE (PDAO) AND THE CONDUCT OF THE PERSONS WITH DISABILITIES GENERAL ASSEMBLY

1. Background

It is a declared policy of Republic Act No. 7277 that persons with disabilities (PWDs) are part of the Philippine society, and thus the State shall give full support to the improvement of their total well-being and their integration into the mainstream of society. They have the same rights as other people to take their proper place in society. Further, Republic Act No. 10070 was approved on April 6, 2010 to ensure that policies, programs and services for persons with disabilities are implemented at the local level for them to fully participate in building an inclusive society for all through the establishment of Persons with Disabilities Affairs Office (PDAO) or the appointment of focal person/s in case of the fourth (4th), fifth (5th) and sixth (6th) class municipalities, in lieu of the creation of PDAO.

2. Purpose

This Memorandum Circular is issued to provide guidance on the conduct of PWD general assembly at the local government units concerned to ensure maximum participation of PWDs in the filling up of vacant PDAO positions.

3. Legal Compliance

3.1. Article 4.3 of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) mandates the Philippine Government to closely consult with and actively involve persons with disabilities through their respective organizations in the development and implementation of legislation and policies to implement this international commitment;

3.2. Section 1 of RA No. 10070 mandates the creation of a Persons with Disabilities Affairs Office in every province, city and municipality or the designation of a Focal Person in the fourth (4th), fifth (5th) and sixth (6th) class municipalities, in lieu of the creation of PDAO.

4. Scope/Coverage

This policy covers all Provincial Governors, Sangguniang Panlalawigan, Sangguniang Panlungsod, City/Municipal Mayors, Punong Barangays, DILG Regional Directors, ARMM Regional Secretary, DILG Field Officers and all others concerned. HSCATc

5. Policy Content and Guidelines

5.1. The Sangguniang Panlalawigan/Panlungsod shall pass an ordinance creating the PDAO organization structure, staffing pattern and its annual appropriations to carry out the functions.

5.2. The PDAO positions shall be subject to the publication and posting requirements under Republic Act No. 7041.

5.3. Qualified women with disabilities shall be encouraged to apply.

5.4. Upon publication of the position, the concerned governor or city/municipal mayor, shall instruct the Convenors namely, the Local City/Municipal Local Government Operations officer, the Local Social Welfare and Development Officer and the President of the local federation/association of persons with disabilities to prepare for a general assembly for persons with disabilities, which shall be conducted on the last day of the posting period. They shall also be responsible in inviting the participants.

5.5. The general assembly shall nominate at least three (3) qualified applicants for consideration of the Local Selection Board and the Local Chief Executive.

5.6. The Human Resource Management Officer shall document the proceedings of the general assembly.

5.7. The general assembly shall be open to all persons with disabilities, with or without organizational membership, representatives of civil society organizations working on disability within the LGU, and parents or representative of children with disabilities.

5.8. The General Assembly shall be guided by pro-forma program as follows:

5.8.1.1. Registration and Final Acceptance of Applications — HRMO

5.8.1.2. Invocation/National Anthem

5.8.1.3. Roll Call

5.8.1.4. Opening the Assembly

5.8.1.5. Orientation about RA 10070 and the Appointment of the Head of Office/Focal Person

5.8.1.6. Presentation of Qualified Applicants IDTSEH

5.8.1.7. Open Forum

5.8.1.8. Nomination Process-thru secret ballots

5.8.1.9. Announcement of Nominees

5.8.1.10. Closing of the Assembly

5.9. The Convenors shall submit the names of the nominees to the Local Personnel Selection Board (PSB) to comply with the usual hiring and recruitment process such as submission of requirements, interview and shortlisting of the nominees.

5.10. Persons with Disabilities shall be represented within the PSB by an employee with disability to be part of the deliberation. In case there is no employee with disability, the assembly may include nominating a member of the PWD organization as an observer to the deliberations. In shortlisting or ranking of nominees for appointment, gender balance must be observed.

5.11. Upon completion of the requirements and processes set by the PSB, the names of shortlisted nominee with ranking shall be submitted to the concerned governor/city or municipal mayor for consideration.

5.12. The responsible governor/city or municipal mayor shall appoint the head of PDAO/Focal Person within 30 days upon submission of the recommended nominees of the Local Personnel Selection Board.

5.13. A temporary appointment may be issued by the governor/city/municipal mayor, in case the nominees do not possess the appropriate career service eligibility, subject to Civil Service Law and Rules.

5.14. The Human Resource Management Officer shall post a notice announcing the appointment issued by the governor or city/municipal mayor in three (3) conspicuous places in the agency within fifteen (15) days from signing.

6. Effectivity

This Memorandum Circular shall take effect immediately.

7. Approving Authority

(SGD.) CATALINO S. CUYOfficer-in-Charge

8. Monitoring and Submission of Reports SICDAa

All DILG Regional Directors are hereby directed to cause the immediate and widest dissemination of this Circular to all local government units and submit annual report on the status of the establishment of PDAO to the Office of Undersecretary for Local Government.

9. Feedback

For related queries, kindly contact the Bureau of Local Government Development at Tel nos. (02) 927-7852 or (02) 925-0356 or at email address at [email protected]