A COMPARATIVE STUDY ON THE EVALUATION OF THE

IMPLEMENTATION OF R.A. 10070THE AMENDMENT OF THE

MAGNA CARTA FOR DISABLED PERSONSIN THE LOCALES OF
QUEZON CITY AND DASMARINAS, CAVITE






Cristobal, Ayla Monicca C.
Enriquez, Anne Laurice I.
Plopinio, Hannah Georgia F.

CHAPTER 1
I. BACKGROUND OF THE STUDY
Over the years, there has been the struggle for persons with disabilities to be integrated into
mainstream society. They are often set to the side and treated as objects of policy-making and
charity, and as said by Donoghue, are often denied opportunities to participate in public domains
or to politically organize (2013). More often than not policies are developed for them, instead of
policies that encourage their direct participation (Braddock & Parish, 2001; Garcia- Iriarte et al.,
2008, as cited in Harris et al.). Thus leads to the feeling of less self-efficacy, and the belief that
they do not have the capacity to impact the political system (Ibid.). Until today, persons with
disabilities still experience inequalities in public and private establishments, transportation
facilities, and in most aspects of the policymaking process that include lobbying, voting, and
even performing as a public servant (Barnartt et al., 2001 as cited in Harris et al.).
According to the World Health Organization, about 15% of the worlds populationor an
estimated number of 650 million peoplehave disabilities, and one in every six people in
poverty areas are affected by moderate or severe disability. Given that disability is extremely
diverse, it is also extremely difficult to cater to the needs of people with disabilities. However,
as much as everyone else is entitled to mainstream health care services, so should be persons
with disabilities. This veers into the discussion of disability not being a topic of medicine or
charity but an issue of human rights.
Back in the late 1970s, disability was accompanied by the notion that disabled people wanted
to be normal, hence the focus should be at a cure to ameliorate any and all kinds of
impairment (Lang, 2009). In order to counter the medical model was the social modelit
maintained that persons with disabilities continue to be excluded and discriminated against from
direct participation in mainstream society. The advocacy for the rights of the disabled flourished
as the social model became the foundation of the disability movement that provided the
gravitas that supported disabled persons organizations (DPOs) to negotiate with their
governments for a rights-based approach toward disability. The rights-based approach also
asserted that existent resources should be distributed equitably, thereby ensuring that the most
vulnerable and marginalized groups are in a position to exercise their inherent rights (Ibid.).
These early movements from the 70s and the 80s provided the foundation for the needed debate
regarding the need for a rights-based framework for the development of disability policy and
practice in the future.
In 1993, the UN had the Standard Rules on the Equalization of Opportunities for Persons
with Disabilities. The Standard Rules did delineate the areas where an emphasis on equal
opportunities was neededwhich included provision for access to affordable services including
education, employment, medical care and support servicesbut did not impose sanctions to
signatories of the UN that did not choose to comply. Therefore, the existence of a legally-binding
international treaty became necessary. While the UN has had initial involvements in the cause to
call for the rights of persons with disabilities, the formation of the United Nations Convention
on the Rights of Persons with Disabilities in 2008 became the first legally-binding international
instrument that enables those that are within the disability sector to hold their respective
governments accountable for the promotion and implementation of disability rights (Ibid.).
Article 1 of the Convention on the Rights of Persons with Disabilities says that:
The purpose of the present Convention is to promote, protect and ensure the full and
equal enjoyment of all human rights and fundamental freedoms by all persons with
disabilities, and to promote respect for their inherent dignity. Persons with disabilities
include those who have long-term physical, mental, intellectual or sensory impairments
which in interaction with various barriers may hinder their full and effective
participation in society on an equal basis with others.
It is important to note that the UN Convention does not aim to establish new rights for the
disabled, but to reiterate and explain in greater detail rights that apply to persons with
disabilitiesrights that are already existent in previous human rights treaties (Lang, 2009).
In the case of the Philippines, there is the continued struggle of persons with disabilities to be
fully integrated in to the mainstream society despite existing laws that aim to protect them.
Republic Act 7277, also coined as the Magna Carta for Persons with Disabilitiesan act
providing for the rehabilitation, self-development and self-reliance of disabled persons and their
integration in to the mainstream of society and for other purposeswas mandated back in 1992
to delineate the general principles, rights and privileges, prohibitions on discrimination against
disabled persons, and other provisions that support the welfare of the PWD sector.
In 2010, an amendment of RA 7277 came aboutRepublic Act 10070: an act establishing
an institutional mechanism to ensure the implementation of programs and services for persons
with disabilities. The amendment explained in further detail the role of the national agencies
and the local government in the promotion and protection of the rights of said sector. RA 10070
mandated that local government units shall establish a Persons with Disability Affairs Office
(PDAO) in every province, city and municipality, and described the duties and functions the
institution must perform efficiently in order to oversee, preserve and protect the rights and
welfare of the disabled sector.
Along with the amendments made in RA 10070 is the declaration that the term to be used in
all sections of the same act in reference to disabled persons shall be changed Persons with
Disabilities (PWDs). In the third section, RA 10070 also stated:
Within three (3) years after the effectivity of this Act, appropriate agencies, headed by
the Department of Social Welfare and Development (DSWD), in consultation with the
NCDA and relevant NGOs and POs, shall review its implementation and recommend to
Congress the need to mandate the establishment of a PDAO in fourth (4th), fifth (5th),
and sixth (6th) class municipalities.
Another important inclusion in the amendment is the proper allocation of funds from the annual
budget that is meant to cater to programs and projects that provide support for PWDs.
In relation to this, recent statistics released by the National Statistics Office show that of the
92.1 household population of the country, 1.57% had disabilities, Region IV-A being the region
with the highest number of PWDs amounting to 193 thousand PWDs followed by NCR with 167
thousand PWDs (CPH, 2010). These figures are vital in the evaluation of the proper
implementation of RA 10070, for the reason that local government units may have varied
perspectives as to how they must carry out plans and projects that cater to the needs of PWDs,
especially larger cities with denser populations.
In order to assess the effectiveness of local government units that operate within a bigger
arena, the researchers take into account the city of Dasmarinas from Region IV-A and Quezon
City from NCR. Persons with disabilities face day-to-day challenges that may come in all
aspectsproblems with employment, public transportation, private establishments like
restaurants, malls, schools, etc. Moreover, PWDs are entitled to as much political voice as every
other person, thus it is important that they be represented if not be direct participants in decision-
making processes especially in policies that concern their well-being. How the local government
units of these two cities take part in supporting the persons with disabilities may provide an
insight of the PWD sectors level of integration into the mainstream society.
It is important to realize the proper implementation of legislations such as RA 10070 for the
reason that persons with disabilities are as much an asset as other citizens, and can play key roles
in development. More importantly, efficient local government units must pioneer the promotion
and empowerment of persons with disabilities, reiterating inherent rights and emphasizing the
need to stop the long-observed discrimination against persons with disabilities, negative public
perception and prejudiced social attitudes toward persons with disabilities. Proper
implementation of the republic act would mean that persons with disabilities within the two
locales feel and experience that they are in fact included in the affairs of the society and such a
feeling brings out an emancipatory effect and in turn [they] become more aware of their civic
rights and responsibilities (Lewis, 2010). Lastly, the integration of the disabled sector in
contemporary society shall assure future generations that the same cycle of marginalization shall
endure no longer.






II. RESEARCH PROBLEM
FOCUSING QUESTION:
How do the local government units of Dasmarinas and Quezon City implement RA 10070 and
which aspects do these both locales agree and differ in terms of the implementation of the law?
SUBORDINATE QUESTIONS:
1. How do the local government units carry out efforts in integrating the handicap in mainstream
society?
2. How does the local government provide benefits for the disabled?
3. What were the set of projects that were implemented during 2010-2013 in Dasmarinas and
Quezon City?
III. SIGNIFICANCE OF THE STUDY
The capacitating and inclusion of PWDs into the mainstream society was assured by the
Philippine government through the way of stressing the significance of their rehabilitation, self-
development, and self-reliance as stipulated in the constitution and the Magna Carta for the
Disabled Persons. The researchers believed that the handicapped are also members of the civil
society, hence they may contribute as much as everyone else should they be provided proper care
and rehabilitation.
One of the primary goals of this study is to present and provide additional knowledge and
information not only to PWDs but also to the whole citizenry. This will also serve as a leeway
towards more opportunities for future researches and discussions with regard to the role of the
government on the promotion of the rights and empowerment of PWDs in the mainstream
society. The study will also serve as a guide for some PWDs who are not familiar with their
rights, benefits, and programs provided by their local government units. Moreover, students of
Political Science may also use this study as an additional resource who wishes to continue to
explore the political phenomena of any given factor of the society that affect the political realm.
A lot of people in the society today tend to discriminate and misunderstand PWDs, therefore
arising different notions and misconceptions about them. Consequently, aside from the study on
the implementation of R.A. 10070, the Amendment of Magna Carta for Disabled Persons, this
research also aims to promote the rights of the PWDs in the civil society and to correct common
misconceptions of the people with regard to the handicapped.
As students of Political Science, this study is relevant and timely not only for the benefit of
the PWD sector, but also to the whole community, which is currently in the midst of
unfamiliarity whether such law is implemented properly by the respective local government units
concerning the said republic act and all provisions and the institution it mandates. Furthermore,
the significance of the two cities used by the researchers in the study is that according to the
2010 statistics on the persons with disabilities in the Philippines, they belong to the top two
regions with the highest number of household population with disability, which have an existing
organization known as Persons with Disability Affairs Office (PDAO) as directed in R.A. 10070.
Moreover, this study also contributes to areas wherein it may involve the researchers own
preferences or predilections without leaving the field of politics. Although much is known about
the pertinent benefits received by the PWDs, there are still some who are not largely familiar
with regard to these significant matters, given the fact that the disabled minority may have as
much as potential as the people in the mainstream society. In line with this, the government
specifically the local government unitsplay an important role in promoting the rights of the
PWDs and their inclusion into the mainstream society. Additionally, the literaturebooks,
researches, and resourcesto this study is somewhat limited since there are not much studies or
researches made regarding in the field of topic chosen by the researchers, hence this study will
also contribute to additional literature for other researchers for future studies.
IV. SCOPE AND LIMITATIONS OF THE STUDY
This part of the study shall identify the coverage of the topic and the exclusions it will have. In
addition, the weaknesses of the study and the researchers will be recognized as there might be
numerous factors which can affect the undertaking of the study, hence causing constraints to its
conduction.
This study is conducted to determine in which aspects do Dasmarias, Cavite and Quezon
City agree and differ in terms of the implementation of R.A. 10070, better known as The
Amendment of the Magna Carta for Disabled Persons. The subject matter shall only concern the
said republic act and all provisions and the institution it mandates. R.A. 10070 directs the local
government units to establish organizations in their territorial jurisdictions which seek to manage
and oversee all operations regarding persons with disabilities (PWDs). The organization is
known as Persons with Disability Affairs Office (PDAO). The researchers have assured that
there exist these offices in their selected locales.
The study will not cover any other cities and municipalities besides that of Dasmarias
and Quezon City. Also, further discussions as regards the amended Republic Act No. 7277 will
not be substantiated with exceptions to the stated carrying out of its objectives in Section 4 of
R.A. 10070.
The scope of this research will only include the said municipalities of Dasmarias and
Quezon City and their respective local government units which established the PDAO. The
offices shall be questioned as to how the PWDs in their territorial jurisdictions have the benefit
and use of their programs. The studys time frame starts in 2010 as it was in that year which the
PDAO was approved. The study shall only further up to 2013 as the LGUs would not have
records of 2014 projects and programs yet. LGU activities concerning R.A. 10070 which took
place in the years prior to 2010 will not be taken up in this research.
The researchers took interest in this topic because of their belief that the disabled
minority may have as much potential as the people in the mainstream society. Help and
assistance in integrating the PWDs into mainstream society should be given attention to
especially because it enriches the nations human capital which translates to possible
development. Furthermore, a few issues regarding the discrimination of PWDs with regard to the
standards of some private establishments have come to the researchers attention.
Due to the researchers limited monetary supply, resource gathering might also come
short as getting information can get costly. There might also be confidential information which
the LGUs or PDAO will fail to provide, however, the researchers will try to gather as much data
as they could. The locales of the study are also quite distant to the residence of the researchers
hence the trips might limit the time of data gathering to be held. Due to some inconveniences, the
researchers may only give the locales a few visits to get information.