REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
NATIONAL COUNCIL ON DISABILITY AFFAIRS
JOINT MEMORANDUM CIRCULAR NO. 01 series of 2023
Date: September 4, 2023
SUBJECT: SUBJECT: GUIDELINES ON THH COORDINATION MECHANISM OF PERSONS WITH DISABILITY ATFAIRS OFFICE AND LOCAL SOCIAL WELFARE AND DEVELOPMENT OFFICE IN THE IMPLEMENTATION OF PROGRAMS AND SERVICES FOR PERSONS.WITH DI$ABILITIES
I. RATIONALE
The fiscal impact of the Supreme Court’s ruling on Mandanas case has expanded the Local Government Units (LGUs) devolved functions. One of the devolved functions is the social welfare services.
The devolved social welfare services to the LGUs will cater to individuals and families in vulnerable situations and also to the needs and concerns of persons with disabilities such as financial assistance, assistive devices and other development activities relative to Republic Act no. 7277 or the Magna Carta for Persons with Disabilities. The said social services are lodged in the Local Social Welfare Development Office (LSWDO). Moreover, Section 2 (b) of RA 7277 provides that Persons with disabilities rights must never be perceived as welfare services by the government.
In compliance with RA 10070, the LGUs established Persons with Disability Affairs Office (PDAO) which functions to formulate and implement policies, plans and programs for the promotion of the welfare of persons with disabilities in coordination with concerned national and local government agencies. Some of the programs of PDAO include providing assistive devices and medical and financial assistance services similar to LSWDOs’ services. Thus, social services of the LGUs may lead to duplication, and confusion or conflict among implementers and stakeholders.
Relative to foregoing, there is a need to establish a guideline on the roles and coordination mechanism between LSWDO and PDAO to facilitate an efficient and effective implementation of social welfare services devolved to the LGUs.
II. LEGAL BASES
National Policies
1. Republic Act No. 7277 or the Magna Carta for Disabled Persons
Section 21. Auxiliary Social Services: The State 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 Department of Social Welfare and Development shall develop and implement programs on auxiliary social services that respond to the needs of marginalized persons with disabilities.
Section 31. Right to Organize: The State recognizes the rights of persons with disabilities to form organizations or associations that promote their welfare and advance or safeguard their interests. The National Government through its agencies xxx shall assist disabled persons in establishing self-help organizations by providing them with the necessary technical and financial assistance.
2. Republic Act No. 10070 or the Persons with Disability Affairs Office Law
Section 40. A Person with Disability Affairs Office (PDAO) shall be created in every province, city and municipality. Among its functions is to formulate and implement policies, plans and programs for the promotion of the welfare of persons with disabilities in coordination with concerned national and local government agencies.
Policies on the Roles of Social Welfare Offices
3. DSWD AO No. 59/series of 2003 or the Guidelines for the Implementation of the Auxiliary Social Services for Persons with Disabilities
The Local Government Unit (Municipal/ City Level) shall:
a.) Identify Target Beneficiaries and undertake social preparation activities for Persons with Disabilities.
b.) Identify, generate and mobilize resources for the provision of social services.
c.) Develop and maintain linkages with National Government Agencies (NGO’s) People’s Organization (POs) and other Government Organizations (GOs) (Section VI. Delineation of Responsibilities)
4. DSWD AO 19, Series of 2010 or the Comprehensive Program for Children and Persons with Disabilities
Section IX. Institutional Arrangement of this guideline to the Local Government Units shall:
1. Assign the Offices of Persons with Disability Affairs and City Municipal Social Welfare and Development to take the lead in the implementation of the program.
2. Assist in the identification and recruitment of clients and volunteers;
3. Coordinate with the Local Officials and other sectors to access needed services;
4. Provide administrative and other logistical support in the implementation of
the program;
5. Assist in the monitoring of the progress of the project;
6. Work closely with the DSWD relative to the implementation and management of the program necessary to improve their technical knowledge and skills in project development and management once the program is absorbed by the Local Government.
5. DSWD AO 13 series of 2008 or the Guidelines in Organizing Persons with Disability into Self-Help Groups (SHGS)
Section IX. Role and Responsibilities of Concerned Parties.
A. Local Government
1. Municipal/ City Social Welfare and Development Office
• Identify Target Beneficiaries and undertake social preparation, capability building activities for Persons with Disabilities
• Organize persons with disabilities into self-help groups and association at the barangay/ municipal/ city level
• Supervise/ monitor/ provide technical assistance to self-help group/ association of persons with disabilities
• Appropriation of funding support to be taken from the 5% allocation of Persons with Disabilities as mandated by the DBM and DSWD Joint Circular.
• Federate self-help groups of persons with disabilities at the municipal and city level
• Submit documentation of best practices and progress reports to the Mayor and furnish a copy to the PSWDO.
2. Provincial Social Welfare and Development Office
• Monitor and provide technical assistance and consultation
• Conduct and manage annual provincial conferences
• Federate the municipal/city federations at the provincial level.
• Ensure that the Provincial Federation President sits and attends the Provincial Committee for the Welfare of Persons with Disabilities and other decision-making bodies
• Provide Augmentation fund to municipalities and cities under their jurisdiction.
• Provide semestral reports to the Governor, copy furnished the DSWD Field Office. .
• Compile/document success stories and best practices which can be used for advocacy and other related concerns.
6. DILG Memorandum Circular No. 2021-041 “Strengthening the Functionality of Persons with Disability Affairs Office and Persons with Disabilities Focal Person”
1. This MC reiterates the provisions of RA 10070 and directs to fulfill their respective obligations and duties pursuant to the said law.
2. Aims to ensure and strengthen the functionality of PDAOs/FPs in all Provinces, Cities and Municipalities (PCMs) in the country, in order for these to properly and adequately cater the needs of the respective population of Persons with Disabilities in their areas of jurisdictions.
III. Definition of terms:
1.) Auxiliary Services – as defined in R.A 7277 refer to the supportive activities in the delivery of social services to the marginalized sectors of society.
2.) Case Management – refers to the social work function particularly to clients who are under difficult circumstances covering children & youth, women, older persons, victims of armed conflicts and natural disasters, persons with disabilities, chronically and mentally ill patients. Case Management is a mechanism that organizes, coordinates and sustains a network designed to optimize the functioning ability and well-being of persons with disabilities.
3.) Counseling – refers to the provision of assistance by a Registered social worker and guidance to Persons with disabilities Bio Psychosocial well-being especially in difficult situations.
4.) Disability support services – Refer to any goods or services that help a person with disability carry out personal, socio-economic and cultural activities among others such as but not limited to assistive devices, sign language interpretation and personal assistance services.
5.) Social Services – refers to the programs and services provided by the government for the benefit of the community such as education, medical care and housing.
6.) Social Preparation – refers to a series of activities designed to prepare the affected persons with disabilities to cope with the changes brought about by the emerging issues and concerns of the community and environment.
IV. Objectives
This Joint Memorandum Circular (JMC) is issued to provide guidance to local government units in implementing devolved social welfare programs and services involving persons with disabilities. Specifically, to enumerate the roles and coordination among LSWDOs and PDAOs necessary for efficient and effective delivery of social services.
V. Coverage
This JMC covers all LSWDOs and PDAO whose functions among others include facilitating and/or providing of social welfare-related programs and services to persons. This JMC shall also cover the Local Chief Executives (LCEs) who shall ensure the implementation of this JMC as well as cover the Sangguniang concerned to appropriate the required budget to support the effective coordination between LSWDO and PDAO.
VI. COORDINATION MECHANISM AMONG LSWDO AND PDAO/ FOCAL PERSONS FOR PERSONS WITH DISABILITIES IN THE IMPLEMENTATION OF RIGHTS BASED SOCIAL WELFARE SERVICES FOR PERSONS WITH DISABILITIES
This guideline enumerates the coordination mechanism including the roles of LSWDO and PDAO in the implementation of social welfare programs and services for persons with disabilities.
| Programs and Services | LSWDO | PDAO | Coordination mechanism | Remarks |
|---|---|---|---|---|
| 1. Case management Process | Assess the Person with Disability and create Social Case study report | In case the PDAO has not yet hired a Registered Social Worker it shall refer the client to the LSWDO for Social Case Study to assess the person with disability for the needed social services. | PDAO and LSWDO to conduct case conferences in the following situations: a. Provision of assistive technology b. Development of rehabilitation plan and services c. Transition services from institution care to community integration |
PDAO are encouraged to employ at least one Registered Social Worker pursuant to Sec. 5 of RA 9433 Priority is given to applicants with disability pursuant to the Magna Carta for Persons with Disability |
| The PDAO shall coordinate with LSWDO in the provision of assistance and other forms of subsidy based on the social case study. Provision of assistance and other forms of subsidy based on the assessment conducted such as assistive devices, livelihood projects, financial assistance and other disability support services. |
LSWDO to prioritize person with disability to avail financial assistance (AICS) as recommended by the PDAO | |||
| 2. Provide counselling services individual to person with disability and or with immediate family members | LSWDO to provide in depth counseling to clients needing such services. | PDAO to provide peer counseling. In the absence of RSW at the PDAO Office, refer the Person with Disability to LSWDO for in-depth counseling. |
Counseling Rooms must be wheelchair-accessible To ensure that offices catering persons with disability are accessible, the Provincial PDAO in coordination with the Regional Council on Disability Affairs (RCDA) shall conduct Annual Accessibility Audit to all Offices of PDAOs and LSWDOs in coordination with the Provincial Social Welfare and Development Office (PSWDO) and submit the Report (Status of BPP 344 Compliance) to DILG and NCDA copy furnished the LGU being assessed. |
PDAO and LSWDO Offices (physical structure) be modified and be made accessible especially to the blind and wheelchair users. Standard measurement as required in BP 344 must be complied with. |
| 3. Facilitate referral services | Prepare a referral letter to other partner agencies and stakeholders requiring their expert opinion. | Prepare a referral letter to other partner stakeholders and government agencies for appropriate assistance. | Efficiently facilitate needs of persons with disability to ensure their comfort and safety | Simplify measures and reduce bureaucratic red tape to ensure efficiency in favor of the persons with disability |
| 4. Provide technical assistance in organizing person with disability and organizational development activities | Provide augmentation on technical, financial and logistical support to the organization/ self-help groups. Consider the persons with disability as priority in its programs and services as mandated by law. |
Facilitate and coordinate the formation of persons with disabilities into self-help groups Provide technical assistance and necessary funds/mobility support to strengthen community-based organizations. For topics beyond the expertise of PDAO, the PDAO Head may invite resource persons who are well-versed on the topic, (ex: Budget Officer to discuss proper budgeting). |
Formation of persons with disability organizations should be initiated by the sector | |
| 5. Conduct home-visit to persons with disabilities | Conduct home- visitation to children/persons with disabilities who are victims of abuse and violence needing legal processes and services. | Conduct home visits to persons with disabilities to educate and orient on their rights and privileges as well as to monitor the current situation, know their issues and concerns for provision of appropriate assistance. | Person with Disability IDs should be processed and issued immediately upon compliance of the requirements to prevent unnecessary follow-ups on the part of the client. | Home visit is not a requirement in the issuance of a Person with Disability ID. LGU should adopt mechanisms that will expedite the issuance of Person with Disability IDs. |
| 6. Issuance of Persons with Disability ID. | Facilitate the issuance of Persons with Disability I.D. in accordance with RA 9442 and its approved lmplementing Rules and Regulation (lRR) and National Registry Form. Preferably, through the use of the PRPWD portal’s Persons with Disability I.D. generation feature. As long as the requirements are complete, Person with Disability ID should be issued immediately. Person with Disability ID should be issued based on the standard format prescribed by NCDA. |
PDAO to coordinate with LSWDO on possible assistance after the issuance of Persons with Disability ID. Registered persons with disability are considered priority in all social welfare services. |
Senior Citizen with Disability has the right to apply for a Person with Disability ID. They should be included in the Master list of persons with disability. Medical Certificate of Disability is no longer required to persons with apparent disability. In case of doubt for non-apparent disability, a Certificate of Disability signed by a government physician be required. |
|
| 7. Data of Persons with Disabilities | Help analyze, in consultation with NCDA on the existing data and profiling of Persons with Disabilities. Lead the social preparation stage. |
Upload disability data to the Philippine Registry for Persons with Disabilities Regularly upload/encode disability data to the PRPWD, preferably through real time encoding or through batch uploading if deemed to be more applicable. In instances of newly appointed PDAO and/or PDAO without access to the PRPWD, prepare a letter to appropriate DOH field Offices (i.e. Centers for health Development) requesting access to the PRPWD as well as the necessary training in order to ensure efficient and timely encoding of data to the PRPWD, copy furnished the C/MLGOO and/or DILG Field Office concerned. Provide disability data to LSWDO for inclusion in its plan for social welfare programs and services, upon request. Conduct disability data profiling in coordination with the organizations of Persons with Disabilities. |
Review existing programs and services for Persons with Disabilities. Recommend a budget for the implementation of the programs and services based on data analysis. |
LGUs shall ensure that all persons with disability within their jurisdiction are registered in the Philippine Registry on Persons with Disability (PRPWD). |
| 8. Programs and services including assistance to disaster victims | Ensure that the affected Persons with Disabilities as submitted by the PDAO be included in the final list of recipients | Assess and submit list of Persons with Disabilities in crisis situation and/or victims of disaster. | Double check the list of affected persons with Disabilities to ensure that no affected persons with disabilities will be left behind. | ln case of doubts on the eligibility of the client, both the LSWDO and PDAO shall conduct a joint home visit in the affected community family in order to come up with an agreed decision and finalize the list. |
| 9. Planning and Budgeting | LSWDO to prepare its proposed plan and proposed budget for all sector | PDAO to prepare its proposed plan and budget in consultation with the persons with disability organization. | Propose and draft budget allocation on the Social Welfare Related programs annually. | Collaboration in the budget preparation to avoid duplication. |
| 10. Series of awareness raising activities, advocacy promotion and sensitivity trainings | Provide augmentation on technical and logistical support. | Spearhead the conduct of series of awareness raising activities, advocacy promotion to policy-makers and sensitivity trainings to duty bearers and frontline service providers. | Collaboration in the conduct of disability-related activities | Invite Resource persons from appropriate line agencies. |
| 11. Management of Centers for persons with disability such as but not limited to: Residential Care Facility, Vocational Training Center, Sheltered Employment Center, Community based Rehabilitation Centers | Provide augmentation resources needed. Provide technical assistance when tapped. |
PDAO shall manage disability-related centers providing services for persons with disability and should ensure that accredited by ABSNET: “Nothing about us; without us”. | LSWDO to prioritize clients recommended by PDAO including center-based clients. | Other centers intended to cater the needs of other sectors shall be managed by LSWDOS. |
| 12. Capacitating persons with disability leaders | Provide augmentation on technical and logistical support. | Conduct capability building activities regularly to capacitate the community based leaders of the sector and empower the members. | PDAO to tap the resources from the barangay to ensure participation of their disability leaders in the capability buildings conducted by PDAO. | LSWDO to help tap the resources of the barangays especially the utilization of its budget intended for the sector. |
| 13. Service Continuity and Institutionalization of Office and Personnel | Report any instance of resignation or employment of PDAO Officer to the Provincial PDAO and Provincial PDAO to consolidate report of resignations/replacements to the Department of Health (DOH) Field Office and NCDA copy furnish League of PDAOs of the Philippines. Along with the report, include request for Training and Capacity Development interventions, particularly on the Use of the DOH’s PRPWD for the newly appointed/hired PDAO. |
VII. CAPACITY BUILDING
The DSWD through its regional offices and the National Council on Disability Affairs (NCDA) shall provide necessary capacity building activities to the LSWDOs and PDAOs to ensure equal access, inclusion and participation of persons with disabilities in social welfare programs services.
NCDA shall develop a manual on Disability Programs and Services to guide LGUs in planning and implementing development activities addressing persons with disabilities in consultation with the Persons with Disability Organization and with the League of Persons with Disability Affairs Officers of the Philippines.
VIII. TRANSITIONARY PROVISION
1. The DSWD and NCDA shall provide orientation to the Regional Committees on Disability Affairs, DSWD Regional Office, Local Government Units and other partner stakeholders on the implementation of these guidelines in coordination with the League of PDAO of the Philippines.
2. The LGU shall adopt this JMC to institutionalize these guidelines for operationalization.
IX. MONITORING
1. The NCDA, DSWD and DILG shall ensure the implementation of these guidelines and provide necessary technical support to the LGUs.
2. Conduct of Semestral Consultative Meeting with the Provincial PDAOs and the League of PDAOs of the Philippines.
3. _All PDAO Heads in the municipalities and component cities shall regularly submit report to the Provincial PDAO for consolidation including disability data compliance report.
4. All PDAO Heads of the highly-urbanized cities shall submit report directly to the DSWD Regional Office; for consolidation and submission to the central office.
5. The DSWD Regional Office shall consolidate the submitted reports of the Provincial PDAOs and PDAO Heads of highly-urbanized cities every 5th month of the preceding quarter to the DSWD Central Office and NCDA copy furnished the DILG.
X. INSTITUTIONAL ARRANGEMENTS
A. Department of Social Welfare and Development
• Monitoring and provide technical assistance to DSWD Field Office and LGUs specifically in RA 10070, Local Government Code (role of the LSWDO) and other disability related laws.
B. Department of the Interior and Local Government
a) Facilitate localization and distribution of this JMC to the LGUs
b) Support the NCDA and DSWD in strengthening the capacity of LGUs in the implementation of RA 10070 and its IRR.
c) Encourage LGUs to consider representation of the sector of Persons with Disability in the respective Local Development Council (LDC) and other Local Special Bodies (LSBs)
d) Encourage PDAO Heads’ participation in the LDCs and LSBs.
e) C/MLGOOs to spearhe,ad toe,conduct of orientation to the LGU for the widest dissemination o(this JMC :Suggested participants are the Local Finance Committee Members, LSWD’O, PDAO, Sangguniang Representative and the Local Chief Executive.
C. National Council on Disability Affairs
a) Monitoring and provide technical assistance
b) Develop Manual on Disability Programs and Services in consultation with the persons with disability organization and with the League of Persons with Disability Affairs Officers of the Philippines.
c) Spearhead the conduct of Annual PDAO Summit.
D. Local Government Units
a) The Local Chief Executive (LCEs) shall ensure that the coordination mechanism with PDAO and LSWDO will be effectively implemented.
b) Appropriation and funding support to the Programs and Services of Persons with Disabilities as mandated by the DBM and DSWD.
c) Municipal and City PDAO and LSWDO shall submit the reports to the Provincial PDAO and PSWDO.
d) Provincial PDAO and LSWDO shall submit a report of best practices to the LCE with copies submitted to DSWD and NCDA.
e) PDAO to report to the DOH Field Offices instances of resignation of Personnel/ Officer who is trained and in charge of encoding and uploading Disability Data in the PRPWD and request appropriate CapDev interventions for newly hired/appointed officers and personnel as well as access to the PRPWD portal.
f) Provincial PDAO and RCDA to conduct Annual Accessibility Audit to all Offices of PDAOs and LSWDOs in coordination with the PSWDO and submit Report (Status of BP 344 Compliance) to DILG copy furnished the LGU being audited.
g) Provincial PDAO to spearhead the conduct of PDAO Functionality Assessment in the different municipalities and component cities in coordination with the DILG using the Assessment Tool to ensure compliance of DILG MC 041.
XI. EFFECTIVITY
This Joint Memorandum Circular shall take effect (15) days after its publication in the official Gazette or in a newspaper of National Circulation.
[ORIGINAL SIGNED WITH AGENCY SEAL]
JONIRO F. FRADEJAS
Executive Director, NCDA
[ORIGINAL SIGNED WITH AGENCY SEAL]
REX GATCHALIAN
Secretary, DSWD
[ORIGINAL SIGNED WITH AGENCY SEAL]
BENJAMIN C. ABALOS JR.
Secretary, DILG
You may download the original PDF File here. DILG, DSWD & NCDA Joint Circular No. 01, s2023