EXECUTIVE ORDER NO. 105, MAY 16, 2002, May 16, 2002
APPROVING AND DIRECTING THE IMPLEMENTATION OF THE PROGRAM “PROVISION OF GROUP HOME/FOSTER HOME FOR NEGLECTED, ABANDONED, ABUSED, DETACHED AND POOR OLDER PERSONS AND PERSONS WITH…
WHEREAS,
pursuant to Article XIII, Section II of the 1987 Philippine
Constitution “The State shall adopt an integrated and comprehensive
approach to health development which shall endeavor to make essential
goods, health and other social services (including housing) available to
all the people at affordable cost”;
WHEREAS,
by virtue of the membership of the Philippine Government in the
Economic and Social Commission for Asia and the Pacific (ESCAP), the
State is committed to implement the actions agreed upon in the Macau
Declaration and Plan of Action on Ageing for Asia and the Pacific;
WHEREAS, pursuant to Executive Order No. 266, Republic Act 7277 and Batas Pambansa
344, all concerned government owned and controlled corporations, local
government units and non-government organizations are directed to ensure
the rights of older persons with disabilities are upheld, their needs
and concerns are addressed, and their roles as active participants in
nation building are fully recognized;
WHEREAS,
a Technical Working Group, spearheaded by the Department of Social
Welfare and Development (DSWD) formulated the 1999-2004 Philippine Plan
of Action for Older Persons (PPAOP) and Philippine Plan of Action for
Persons with Disabilities (PPWD) containing the country’s vision for the
upliftment and development of older persons
and persons with disabilities which shall serve as the instrument in
implementing the commitments of the Philippine Government to ESCAP and
UN Decade of PWDs;
WHEREAS,
for the period 2001-2004, it is estimated that the average proportion
of population of persons 60 years old and above to total population is
about six percent (6%) and persons with disabilities is about three
percent (3%);
WHEREAS,
the Philippine Plan of Action for Older Persons and Philippine Plan of
Action for Persons with Disabilities encouraged the provision of group
home/foster home for neglected, abandoned, abused and detached older
persons and persons with disabilities;
WHEREAS,
Persons with Disabilities who choose to live independently or outside
their unit family home, shall likewise be afforded the right for a
housing unit;
WHEREAS,
there is a need to establish a program, which will address the housing
requirements of neglected, abandoned, abused and unattached older
persons and persons with disabilities.
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:
SECTION 1. Housing Program for the Poor Older Persons and Persons with Disabilities.
— The housing program for the poor older persons and persons with
disabilities includes the establishment/donation of group/foster homes
for the neglected, abused and unattached or homeless older and disabled
persons and those incapable of self-care including its management,
maintenance and operations.
SECTION 2. Grant of Incentives.
— All donations made to the Housing Program for the poor Aged and
Disabled Persons are allowed as a tax-deductible item from the gross
income of the participating entities/donors subject to the provisions of
Sec. 34 of RA 8424 or the Tax Reform Act of 1997. The tax privilege shall be applicable only for the taxable year the donation was made.
The
families that will serve as caregivers for the poor aged and disabled
persons shall also be entitled to personal income tax exemptions
pursuant to the provisions of Republic Act 7432
SECTION 3. Participation of Government Agencies.
— The Social Security System (SSS), Government Service Insurance System
(GSIS), Home Development Mutual Fund (HDMF) and Land Bank of the
Philippines (LBP) are hereby directed to develop innovative
financing/lending schemes for housing of poor aged and disabled persons.
The
Housing and Land Use Regulatory Board (HLURB) is also directed to
formulate housing designs and standards for the aged and disabled
persons and study the possibility of providing the provision of
group/foster homes for the aged and older persons as a mode of
compliance to the 20% balanced housing requirements under Republic Act
7279 or the Urban Development and Housing Act.
SECTION 4. Formulation of Implementing Rules and Regulations.
— The Housing and Urban Development Coordinating Council (HUDCC), the
National Anti Poverty Commission (NAPC) and the Development of Social
Welfare and Development (DSWD) are hereby directed to formulate
implementing guidelines and/or implementing rules and regulations (IRRs) of this order for government sector and private developers’ compliance with the program.
The
HUDCC, NAPC and DSWD may call on the support and assistance of other
government agencies, bureaus and instrumentalities including private
sector organizations, in the implementation of this order, which shall
also guide the Local Government Units in the execution of the program at
the local level.
SECTION 5. Monitoring and Evaluation.
— The HUDCC, NAPC and DSWD shall conduct periodic evaluation on the
implementation of housing program for poor older persons and persons
with disabilities. The HUDCC shall convene an
inter-agency committee to undertake periodic assessment every year, and
provisions of the guidelines may be refined as the need arises.
SECTION 6. Effectivity. — This Executive Order shall take effect immediately.
Adopted: 16 May 2002
By the President:
(SGD.) ALBERTO G. ROMULO
Executive Secretary