NCDA BOARD RESOLUTION NO. 4 SERIES OF 2020
RESOLUTION RECTIFYING NCDA BOARD RESOLUTION NO. 1 S/2020
WHEREAS, NCDA Board adopted last 31st of January 2020 NCDA Board Resolution No. 1 S/2020 entitled “GUIDELINES ON THE ISSUANCE OF PERSONS WITH DISABILITY IDENTIFICATION CARD TO CANCER PATIENTS, PERSONS LIVING WITH CANCER AND CANCER SURVIVORS PURSUANT TO SECTION 24 OF REPUBLIC ACT NO. 11215 IN ACCORDANCE TO RA 7277 OTHERWISE KNOWN AS THE MAGNA CARTA FOR PERSONS WITH DISABILITIES”;
WHEREAS, in the said guidelines, cancer patients, persons living with cancer and cancer survivors shall be entitled to rights and privileges of persons with disabilities and shall be issued an Identification Card based on list of criteria;
WHEREAS, if a person cancer patients, persons living with cancer and cancer survivors cannot satisfy all or any of the criteria it is implied that said persons will not be issued an Identification Card;
WHEREAS, said provision in the guidelines is contrary the provision of Section 25, Article VII of Republic Act 11215 where cancer patients, persons living with cancer and cancer survivors are considered as persons with disabilities;
WHEREAS, Section 26, Article VII of Republic Act 11215 mandates that cancer patients, persons living with cancer and cancer survivors are accorded the same rights and privileges as persons with disability and the DSWD shall ensure that their social welfare benefits provided under Republic Act No. 7277, as amended are granted them. Further, the DOLE shall adopt programs, which promote work employment opportunities for able persons with cancer and cancer survivors;
WHEREAS, other that cancer patients, persons living with cancer and cancer survivors and persons with rare disease shall be considered as persons with disabilities in accordance with Republic Act No. 7277, as per Article 4 Section 10 of Republic Act No. 10747;
WHEREAS, Section 11, RA 10747 provides that national government agency shall ensure that they are accorded the same rights and privileges as persons with disabilities;
WHEREAS, if the contradicting provisions in the said guidelines would not be rectified accordingly, NCDA, the Department of Health and local government units would eventually encounter massive complaints from cancer patients, persons living with cancer and cancer survivors including persons with rare disease for non-issuance of Identification Card;
WHEREAS, at present PWD ID issuing facilities at the local level are going through confusion by implying that all cancer patients, persons living with cancer and cancer survivors are all experiencing psychosocial disorders hence are all classified as having psychosocial disabilities;
WHEREAS, when cancer patients, persons living with cancer and cancer survivors will be asked to secure medical certificates from psychologists or psychiatrists, it would create more confusion as it is violative of the provision of Republic Act 11215.
NOW THEREFORE RESOLVED, as it is hereby resolved that the NCDA Board rectify the previously issued guidelines by requesting the Department of Health to issue a new Administrative Order to include cancer patients, persons living with cancer and cancer survivors including persons with rare disease as part of the classification of types of disabilities as mandated by law.
APPROVED this 5th day of October 2020 during the NCDA Board meeting held via Zoom.
APPROVED BY:
CAMILO G. GUDMALIN
Undersecretary, DSWD
Alternate Chairperson, NCDA
DR. NAPOLEON L. AREVALO FEDERICO V. ABUAN, JR.
Director IV Assistant Secretary
Department of Health Department of Labor and Employment
ATTY. TONISITO M.C. UMALI, Esq. ROOSQUE B. CALACAT
Undersecretary Assistant Secretary
Department of Education Department of the Interior and Local Government
AMEENAH A. FAJARDO ATTY. JOHNSON V. DOMINGO
Assistant Secretary Project Director
Department of Trade and Industry Department of Public Works and Highways
ATTY. ARTEMIO U. TUAZON, JR. NORALYN JUBAIRA-BAJA
Chief of Staff Assistant Secretary, UNIO
Department of Transportation Department of Foreign Affairs
ATTY. MA. NERISSA CARPIO RAMON L. CUALOPING III
Assistant Secretary Director-General
Department of Justice Philippine Information Agency
GABRIEL LUIS R. QUISUMBING ARNOLD (ALI) ATIENZA
Deputy Director General Undersecretary
Technical Education and Skills Development Department of Information and
Authority Communications Technology
JAMES G. INFIESTO ENRIQUE A. AMPO
Association of Differently Abled Persons, Inc. Executive Director
HACI D Oro, Inc.
FREDERICK L. CASTRO
Sector of Persons with Disabilities