SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'1'\ 
DEC 11 
P 2 :52 
SENATE 
S. No. 2507 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PENALIZING DEPENDENT ADULT ABUSE AND INSTITUTING PROGRAMS AND 
MECHANISMS FOR ITS PREVENTION 
EXPLANATORY NOTE 
The Constitution, Article 15, Section 4 provides: 
"The family has the duty to care for its elderly members but the State may 
also do so through just programs of social security." 
The United Nations Principles for Older Persons, whieh was adopted by the General 
Assembly in Resolution 46/91 in 16 December 1991, provides: 
The General Asscmbly x x x [e]ncourages Governments to incorporate the 
following principles into their national programmes whenever possible: x x x 
Older persons should be able to live in environments that are safe and 
adaptable to personal preferences and changing capacities. x x x 
Older persons should benefit from family and community care and 
protection in accordance with each society's system of cultural values. 
Older persons should have access to health care to help them to maintain 
or regain the optimum level of physical, mental and emotional well-being and to 
prevent or delay the onset of illness. 
Older persons should have access to social and legal services to enhance 
their autonomy, protection and care. 
Older persons should be able to utilize appropriate levels of institutional 
care providing protection, rehabilitation and social and mental stimulation in a 
humane and secure environment. 
Older persons should be able to enjoy human rights and fundamental 
freedoms when residing in any shelter, care or treatment facility, including full 
respect for their dignity, beliefs, needs and privacy and for the right to make 
decisions about their care and the quality oftheir lives. x x x 
Older persons should be able to live in dignity and security and be free of 
exploitation and physical or mental abuse. 
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/VJ 


" ' 
The State has the duty to protect its elderly members against violence and other abuses 
committed against them by those responsible for their care, protection, or custody, This Act 
penalizes dependent adult abuse, and institute programs and mechanisms for its prevention: 
~ 
~ ,O.~ 
MIRIAM DEFE~S~A'lfTIA~ -
1f 
• This bill was originally filed in the Fourteenth Congress, 
2 


SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF TI-IE PHILIPPINES 
) 
Second Regular Session 
) 
'14 
Ute 11 
P 2 :52 
______________________ 
S_.~_~_~_A2_TE_5_0_7 __________ ~;~({~.~,~:1~.~,.,jiJ 
Introduced by Senator Miriam Defensor Santiago 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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~Acr 
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PENALIZING DEPENDENT ADULT ABUSE AND INSTITUTING PROGRAMS AND 
3 
MECHANISMS FOR ITS PREVENTION 
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SECTION 1. Short Title. - This Act shall be known as the "Dependent Adult Abuse 
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Prevention Act." 
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SECTION 2. Declaration of Policy. - It is hereby declared that the State values the 
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dignity of older persons and guarantees full respect for human rights. The State also recognizes 
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the need (0 protect the family, particularly its elderly members, from violence and threats to their 
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personal safety and security. It is the duty of the family to take care of its elderly members while 
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the State may design programs of social security for them. 
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Towards this end, the State shall exert efforts to address abuses committed against 
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dependent adults. 
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SECTION 3. Definitions. - As used in this Act, lmless the context otherwise requires: 
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(a) 
"Care(aker" means a related or nonrelated person who has the responsibility for 
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the protection, care, or custody of a dependent adult as a result of assuming the responsibility 
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voluntarily, by contract, through employment, or by order of the COUlt. 
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(b) 
"Department" means the Department of Social Welfare and Development. 
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(c) 
"Dependent adult" means a person eighteen (18) years of age or older who is 
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unable to protect the person's own interests or unable to adequately perform or obtain services 
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necessary to meet essential human needs, as a result of a physical or mental condition which 
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requires assistance from another, or as defined by departmental rule. 
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(d) 
"Dependent adult abuse" means: 
(1) 
Any of the following as a result of the willful or negligent acts or 
omissions of a caretaker: 
(A) 
(8) 
(C) 
(D) 
(E) 
Physical injury to, or injury which is at a variance with the history' 
given of the injury, or unreasonable confinement, unreasonable 
punishment, or assault of a dependent adult. 
Exploitation of a dependent adult which means the act or process 
of taking unfair advantage of a dependent adult or the adult's 
physical or financial resources for one's own personal or pecwliary 
profit, without the informed consent of the dependent adult, 
including theft, by the use of undue influence, harassment, duress, 
deception, false representation, or false pretenses. 
The deprivation of the minimum food, 
shelter, clothing, 
supervision, physical or mental health care, or other care necessary 
to maintain a dependent adult's life or health. 
The deprivation of the minimmn food, 
shelter, clothing, 
supervision, physical or mental health care, and other care 
necessary to maintain a dependent adult's life or health as a result 
of the acts or omissiol1s of the dependent adult. 
Sexual exploitation of a dependent adult by a caretaker. "Sexual 
exploitation" means any consensual or nonconsensual sexual 
conduct with a dependent adult for the purpose of arousing or 
satisfying the sexual desires of the caretaker or dependent adult, 
which includes but is not limited to kissing; touching ofthe clothed 
or unclothed inner thigh, breast, groin, bu((ocks, anus, pubes, or 
genitals; or a sex act. 
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(e) 
(2) 
Sexual exploitation includes the transmission, display, 
taking of electronic images of the unclothed breast, groin, buttocks, 
anus, pubes, or genitals of a dependent adult by a caretaker for a 
purpose not related to treatment or diagnosis or as part of an 
ongoing assessment, evaluation, or investigation. 
It does not 
include touching which is part of a necessary examination, 
treatment, or care by a caretaker acting within the scope of the 
practice or employment of the caretaker; the exchange of a brief 
touch or hug between the dependent adult and a caretaker for the 
purpose of reassurance, comfort, or casual friendship; or touching 
between spouses. 
Dependent adult abuse does not include any of the following: 
(A) 
(B) 
(C) 
Circumstances in which the dependent adult declines medical 
treatment if the dependent adult holds a belief or is an adherent of 
a religion whose tenets and practices call for reliance on spiritnal 
means in place ofreliance on medical treatment. 
Circumstances in which the dependent adult's caretaker, acting ilf 
accordance with the dependent adult's stated or implied consent, 
declines medical treatment if the dependent adult holds a belief or 
is an adherent of a religion whose tenets and practices call for 
reliance on spiritual means in place of reliance on medical 
treatment. 
The withholding or withdrawing of health care from a dependent 
adult who is terminally ill in the opinion of a licensed physician, 
when the withholding or withdrawing of health care is done at the 
request of the dependent adult or at the request of the dependent 
adult's next of kin or guardian pursuant to law. 
"Emergency shelter services" means and includes, but is not limited to, secure 
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crisis shelters or housing for victims of dependent adult abuse. 
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(f) 
"Family or household member" means a spouse, a person cohabiting with the 
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dependent adult, a parent, or a person related to the dependent adult by consanguinity or affinity, 
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but does not include children of the dependent adult who are less than eighteen (18) years of age. 
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(g) 
"Immediate danger to health or safety" means a situation in which death or severe 
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bodily injury could reasonably be expected to occur without intervention. 
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(h) 
"Individual employed as an outreach person" means a natural person who, in the 
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course of employment, makes regular contacts with dependent adults regarding available 
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community resources. 
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(i) 
"Recklessly" means that a person acts or fails to act with respect to a material 
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element of a public offense, when the person is aware of and consciously disregards a substantial 
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and unjustifiable risk that the material element exists or will result from the act or omission. The 
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risk must be of such a nature and degree that disregard of the risk constitutes a gross deviation 
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from the standard conduct that a reasonable person would observe in the situation. 
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Cj) 
"Secretary" refers to the Secretary of Social Work and Development. 
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(k) 
"Serious injury" means a disabling mental illness, or a bodily inj ury which creates 
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a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or 
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impairment of the function of any bodily member or organ. 
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(I) 
"Support services" includes but is not limited to community-based servIces 
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including aging assistance, mental health services, fiscal management, home health serVIces, 
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housing-related services, counseling services, transportation services, adult day care serVIces, 
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respite services, legal services, and advocacy services. 
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SECTION 4. Dependent Adult Abuse Services. - The department shall establish and 
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operate a dependent adult abuse services program. The progran1 shall emphasize the repOlting 
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and evaluation of cases of abuse of a dependent adult who is unable to protect the adult's own 
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interests or unable to perform activities necessary to meet essential human needs. The program 
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shall include but is not limited to: 
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(a) 
The establishment of local or regional multidisciplinary teams to assist in 
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assessing the needs of, formulating and monitoring a treatment plan for, and coordinating 
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services to victims of dependent adult abuse. The membership of a team shall include individuals 
who possess knowledge and skills related to the diagnosis, assessment, and disposition of 
dependent adult abuse cases and who are professionals practicing in the disciplines of medicine, 
public health, mental health, social work, law, law enforcement, or other disciplines relative to 
dependent adults. Members of a team shall include, but are not limited to, Department social 
workers, lawyers, health care providers, and other persons involved in advocating or providing 
services to dependent adults. 
(b) 
Provisions for information sharing and case consultation among service providers, 
care providers, and victims of dependent adult abuse. 
(c) 
Procedures for referral of cases among service providers, including the referral of 
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victims of dependent adult abuse residing in licensed health care facilities. 
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SECTION 5. Dependent Adult Protective Advisory Council. - There is established a 
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dependent adult protective advisory council. 
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(a) 
The advisory council shall consist of five members to be appointed by the 
President of the Philippines. The members shall be appointed on the basis of knowledge and 
skill related to expertise in the area of dependent adult abuse including professionals practicing 
in the disciplines of medicine, public health, mental health, long-term care, social work, law, and 
law enforcement. 
(b) 
The members of the advisory council shall be appointed to terms of four years 
beginning May I. 
(c) 
Members shall receive actual expenses incurred while serving in their official 
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capacity. 
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(d) 
(e) 
The advisory council shall select a chairperson, annually, from its membership. 
The advisory council shall: (1) advise the Secretary regarding dependent adult 
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abuse prevention; (2) evaluate laws and rules and make recommendations to Congress and to 
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executive branch departments regarding laws and rules concerning dependent adults; and (3) 
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receive and review recommendations and complaints from the public concerning the dependent 
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adult abuse services program. 
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SECTION 6. Dependent Adult Abuse Reports. -
(a) The department shall receive 
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dependent adult abuse reports, and shall collect, maintain, and disseminate the reports by 
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'establishing a central registry for dependent adult abuse information. The department shall 
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evaluate the reports expeditiously. 
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Reports of dependent adult abuse which is the result of the acts or omissions of the 
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dependent adult shall be collected and maintained in the files of the dependent adult as 
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assessments only and shall not be included in the central registry. 
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(b) 
department: 
(c) 
All of the following persons shall report suspected dependent adult abuse to the 
(I) 
A self-employed social worker; 
(2) 
A social worker under the department; 
(3) 
A social worker employed by a public or private person including a public 
01' private health care facility; 
(4) 
A certified psychologist; 
(5) 
A person who, in the course of employment, examines, attends, counsels, 
01' treats a dependent adult and reasonably believes the dependent adult 
has suffered abuse, including, but not limited to: 
(A) 
A member of the staff of a public health center, a member of the 
staff of a hospital, 01' a member of the staff or employee of a public 
01' private health care facility; 
(B) 
(C) 
A police officer; 01' 
A health practitioner. 
Any other person who believes that a dependent adult has suffered abuse may 
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report the suspected abuse to the department of human services. 
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(d) 
following the reporting of suspected dependent adult abuse, the department shall 
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complete an assessment of necessary services and shall make appropriate referrals for receipt of 
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these services. The assessment shall include interviews with the dependent adult, and, if 
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appropriate, with the alleged perpetrator of the dependent adult abuse and with any person 
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believed to have knowledge of the circumstances of the case. The department may provide 
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necessary protective services and may establish a sliding fee schedule for those persons able to 
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pay a portion of the protective services. 
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(e) 
Upon a showing of probable cause that a dependent adult has been abused, a court, 
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inay authorize a person, also authorized by the department, to make an evaluation, to enter the 
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residence of, and to examine the dependent adult. Upon a showing of probable cause that a 
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dependent adult has been financially exploited, a court may authorize a person, also authorized 
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by the department, to make an evaluation, and to gain access to the financial records of the 
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dependent adult. 
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(t) 
The department may request information from any person believed to have 
knowledge of a case of dependent adult abuse. The person shall cooperate and assist in the 
evaluation upon the request of the department. If the department's assessment reveals that 
dependent adult abuse exists which might constitute a criminal offense, a repOli shall be made to 
the appropriate government agency. Appropriate government agencies shall also take any other 
'Iawful action necessary or advisable [or the protection of the dependent adult. 
(g) 
If, upon completion of the evaluation, the department determines that the best 
interests of the dependent adult require court action, the depmiment shall initiate action for the 
appointment of a guardian or conservator or for admission or commitment to an appropriate 
institution or facility pursuant to the applicable procedures under the law, or shall pursue other 
remedies provided by law. 
(h) 
The department shall assist the court during all stages of court proceedings 
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involving a suspected case of dependent adult abuse. 
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(i) 
In every case involving abuse which is substantiated by the department and which 
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results in a judicial proceeding on behalf of the dependent adult, legal counsel shall be appointed 
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by the court to represent the dependent adult in the proceedings, if the dependent adult cannot 
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secure the services of a lawyer. The court may also appoint a guardian ad litem to represent the 
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dependent adult if necessary to protect the dependent adult's best interests. The smne attorney 
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may be appointed to serve both as legal counsel and as guardian ad litem. Before legal counselor 
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a guardian ad litem is appointed pursuant (0 this section, the court shall require the dependent 
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adult and any person legally responsible for the suppOli of the dependent adult to complete under 
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oath a detailed financial statement. If, on the basis of that financial statement, the court deems 
that the dependent adult or the legally responsible person is able to bear all or a portion of the 
cost of the legal counselor guardian ad litem, the court shall so order. In cases where the 
dependent adult or the legally responsible person is unable to bear the cost of the legal counselor 
guardian ad litem, the expense shall be paid by the government. 
G) 
A person participating in good faith in reporting or cooperating with or assisting 
the department in evaluating a case of dependent adult abuse has immunity from liability, civil or 
criminal, which might otherwise be incurred or imposed based upon the act of making the report 
or giving the assistance. The person has the same immunity with respect to participating in good 
faith in a judicial proceeding resulting from the report or cooperation or assistance or relating to 
the subject matter of the report, cooperation, or assistance. 
It shall be unlawful for any person or employer to discharge, suspend, or otherwise 
discipline a person required to report or voluntarily reporting an instance of suspected dependent 
adult abuse pursuant to this section, or cooperating with, or assisting the department in 
evaluating a case of dependent adult abuse, or participating in judicial proceedings relating to the 
reporting or cooperation or assistance based solely upon the person's reporting or assistance 
relative to the instance of dependent adult abuse. A person or employer found in violation of this 
subsection shall be guilty of an offense and shall be liable on conviction to imprisonment for a 
term not exceeding one (1) year and a fine not exceeding fifty thousand pesos (PSO,OOO.OO). 
(k) 
A person required by this section to report a suspected case of dependent adult 
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abuse who knowingly and willfully fails to do so shall be guilty of an offense and shall be liable 
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on conviction to imprisonment for a tern not exceeding one (1) year and a fine not exceeding 
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twenty thousand pesos (P20,000.OO). A person required by this section to report a suspected case 
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of dependent adult abuse who knowingly fails to do so is civilly liable for the damages 
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proximately caused by the failure. 
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SECTION 7. Duties of Police Officers. - If a police officer has reason to believe that 
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dependent adult abuse, which is criminal in nature, has occurred, the officer shall use all 
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reasonable means (0 prevent further abuse, including but not limited (0 any of the following: 
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(a) 
If requested, remaining on the scene as long as there is a danger to the dependent 
adnlt's physical safety without the presence of a police officer, including but not limited to 
staying in the dwelling unit, or if unable to remain at the scene, assisting the dependent adult in 
leaving the residence and securing support services or emergency shelter services. 
(b) 
Assisting the dependent adult in obtaining medical treatment necessitated by the 
dependent adult abuse, including providing assistance to the dependent adult in obtaining' 
transportation to the emergency room of the nearest hospital. 
(c) 
Providing a dependent adult with immediate and adequate notice of the dependent 
adult's rights. The notice shall consist of handing the dependent adult a copy of the following 
written statement, requesting the dependent adult to read the card and asking the dependent adult 
whether the dependent adult understands the rights: 
(1) 
(2) 
(3) 
"If you are in need of medical treatment, you have the right to request that 
the police officer present assist you in obtaining transportation to the 
nearest hospital or otherwise assist you." 
"If you believe that police protection is needed for your physical safety, 
you have the right to request that the police officer present remain at the 
scene until you and other affected parties can leave or safety is otherwise 
ensured." 
"You have the right to ask the court for the following help on a temporary 
basis: 
(A) 
(n) 
(C) 
Keeping the alleged .perpetrator away from you, your home, and 
your place of work. 
The right to stay at your home without interference from the 
alleged perpetrator. 
Professional counseling for you, your family, or household 
members, and the alleged perpetrator of the dependent adult abuse. 
The notice shall also contain the telephone number of the local emergency 
shelter services, support services, or crisis lines operating in the area. 
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SECTION 8. Creation and Maintenance of a Central Registry. - (a) There is created 
within the department a central registry for dependent adult abuse information. The department 
shall organize and staff the registry and adopt rules for its operation. 
(b) 
The registry shall collect, maintain, and disseminate dependent adult abuse 
infol1nation as provided in this Act. 
(c) 
The department shall maintain a toll-free telephone line, which shall be available 
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on a twenty-four-hour-a-day, seven-day-a-week basis and which the department and all other 
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persons may use to report cases of suspected dependent adult abuse and that all persons 
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authorized by this Act may use for obtaining dependent adult abuse information. 
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(d) 
An oral report of suspected dependent adult abuse initially made to the central 
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registry shall be immediately transmitted by the department to the appropriate government 
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agencies. 
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(e) 
The registry, upon receipt of a report of suspected dependent adult abuse, shall 
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search the records of the registry, and if the records of the registry reveal any previous report of 
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dependent adult abuse involving the same adult or if the records reveal any other pertinent 
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information with respect to the same adult, the appropriate government agencies shall be 
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immediately notified of that fact. 
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(f) 
The central registry shall include but not be limited to report data, investigation 
data, and disposition data. 
SECTION 9. Authorized Access. - (a) The confidentiality of all dependent adult abuse 
information shall be maintained, except as specifically provided by this section. 
(b) 
Access to dependent adult abuse information other than unfounded dependent 
adult abuse information is authorized only (0 the following persons: 
(1) 
A subject of a report including all of the following: 
(A) 
(B) 
To an adult named in a report as a victim of abuse or to the adult's 
attorney or guardian ad litem. 
To a guardian or legal custodian, or that person's attorney, of an 
adult named in a report as a victim of abuse. 
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(2) 
(3) 
(C) 
To the person or the attorney for the person named in a report as 
having abused an adult. 
A person involved in an investigation of dependent adult abuse including 
all of the following: 
(A) 
(B) 
(C) 
(D) 
(E) 
(F) 
A health practitioner or mental health professional who is 
examining, attending, or treating an adult whom such practitioner 
or professional believes or has reason to believe has been the 
victim of abuse or to a health practitioner or mental health 
professional whose consultation with respect to an adult believed 
to have been the victim of abuse is requested by the department. 
An employee or agent of the department responsible for the 
investigation of a dependent adult abuse report. 
A representative of the department involved in the certification or 
accreditation of an agency or program providing care or services to 
a dependent adult believed to have been a victim of abuse. 
A law enforcement officer responsible for assisting 
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investigation of a dependent adult abuse allegation. 
A multidisciplinary team, if the department approves the 
composition of the multidisciplinary team and determines that 
access to the team is necessary to assist the department in the 
investigation, diagnosis, assessment, and disposition of a case of 
dependent adult abuse. 
The mandatory reporter who repolied the dependent adult abuse in 
an individual case. 
A person providing care to an adult including all of the following: 
(A) 
(B) 
The licensing authority for a facility providing care to an adult 
named in a repoli. 
A person authorized as responsible for the care or supervision of 
an adult named in a repOli as a victim of abuse or a person named 
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(4) 
(5) 
(C) 
in a report as having abused an adult if the court or registry deems 
access to dependent adult abuse information by such person to be 
necessary. 
An employee or agent of the department responsible for registering 
or licensing or approving the registration or licensing of a person, 
or to an individual providing care to an adult and regulated by the 
department. 
Relating to judicial and administrative proceedings, persons including all 
of the following: 
(A) 
(B) 
(C) 
A court upon a finding that information is necessary for the 
resolution of an issue arising in any phase of a case involving 
dependent adult abuse. 
A court or administrative agency hearing an appeal for correction 
of dependent adult abuse information as provided in this Act. 
An expert witness at any stage of an appeal necessary for 
correction of dependent adult abuse information as provided in this 
Act. 
Other persons including all of the following: 
(A) 
(B) 
A person conducting bona fide research on dependent adult abuse, 
but without information identifying individuals named in a 
dependent adult abuse report, unless having that information open 
to review is essential to the research or evaluation and the 
authorized registry officials give prior written approval and the 
adult, the adult's guardian or guardian ad litem, and the person 
named in a report as having abused an adult give permission to 
release the information. 
Registry or department personnel when necessary to the 
performance of their official duties or a person or agency under 
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(C) 
contract with the department to carry ont official duties and 
functions of the registry. 
A health care facility administrator or the administrator's designee, 
following the appeals process, for the purpose of hiring stail or 
continued employment of staff. 
SECTION 10. Redissemination of Dependent Adult Abuse Information. - (a) A recipient 
of dependent adult abuse information authorized to receivc the information shall not 
redisseminate the information, except that redissemination shall be permitted when all of the 
following conditions apply: 
(b) 
(I) 
The redissemination is for official purposes in connection with prescribed 
duties or, in the case of a health practitioner, pursuant to professional 
responsibilities. 
(2) 
(3) 
(4) 
The person to whom such information would be redisseminated would 
have independent access to the same information under section 9. 
A written record is made of the redissemination, including the name of the 
recipient and the date and purpose of the redissemination. 
The written record is forwarded to the registry within thirty (30) days of 
the redissemination. 
The department may notify, orally, the mandatory reporter in an individual 
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dependent adult abuse case of the results of the case investigation and of the confidentiality 
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,Provisions of the Act. 
The department shall subsequently transmit a written notice to the 
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mandatolY reporter of the results and confidentiality provisions. A copy of the written notice 
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shall be transmitted to the registry and shall be maintained by the registry as provided in this Act. 
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SECTION II. Sealing and Expungement of Dependent Adult Abuse Information. - (a) 
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Dependent adult abuse information relating to a particular case of suspected dependent adult 
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abuse shall be sealed ten (l0) years after the receipt of the initial report of such abuse by the 
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registry unless good cause is shown why the information should remain open to authorized 
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access. If a subsequent report of a suspected case of dependent adult abuse involving the adult 
named in the initial report as the victim of abuse or a person named in such report as having 
abused an adult is received by the registry within the ten-year period, the information shall be. 
sealed ten (10) years after receipt of the subsequent repoli unless good cause is shown why the 
information should remain open to authorized access. 
(b) 
Dependent adult abuse information which cannot be determined by a 
preponderance of the evidence to be founded or unfounded shall be expunged one (1) year after 
the receipt of the initial report of abuse and dependent adult abuse infonnation which is 
determined by a preponderance of the evidence to be unfounded shall be expunged immediately 
when it is determined to be unfounded. 
(c) 
However, if a correction of dependent adult abuse information is requested under 
section 12 and the issue is not resolved at the end of one year the information shall be retained 
until the issue is resolved and if the dependent adult abuse information is not determined to be 
-founded, the information shall be expunged immediately when it is determined to be unfonnded. 
(d) 
The registry, at least annually, shall review and determine the current status of 
dependent adult abuse reports which are at least one (1) year old and in connection with which 
no investigatory report has been filed by the depatiment. If no investigatory report has been 
filed, the registry shall request the department to file a report. If a report is not filed within 
ninety (90) days subsequent to a request, the report and relative information shall be sealed and 
remain sealed unless good cause is shown why the information should remain open to authorized 
access. 
SECTION 12. Examination, Requests for Correction or Expungement, and Appeal. - (a) 
Any person or that person's attorney shall have the right to examine dependent adult abuse 
information in the registry which refers to that person. The registry may prescribe reasonable 
hours and places of examination. 
(b) 
A person may file with the department within six (6) months of the date of the 
notice of the results of an investigation, a written statement to the effect that dependent adult 
abuse information referring to the person is in whole or in part erroneous, and may request a 
14 


correction ofthat information or of the findings of the investigation report. The department shall 
2 
provide the person with an opportunity for an administrative hearing to correct the information or 
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the findings, unless the department corrects the information or findings as requested. 
The 
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department shall delay the expungement of information which is not determined to be founded 
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until the conclusion of a proceeding to correct the information or findings. The department may 
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defer the hearing until the conclusion of a court case relating to the information or findings. 
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(c) 
The decision resulting from the hearing may be appealed to the family court 
having jurisdiction in the place where the dependent adult resides by the person requesting the 
correction. Immediately upon appeal the court shall order the depatiment to file with the court a 
certified copy ofthe dependent adult abuse information. 
(d) 
Upon request of the appellant, the record and evidence in such cases shall be 
closed to all but the cOUli and its officers, and access to the record and evidence shall be 
prohibited unless otherwise ordered by the court. The clerk shall maintain a separate docket for 
such actions. A person other than the appellant shall not permit a copy of the testimony or 
pleadings or the substance of the testimony or pleadings to be made available to any person other 
than a party to the action or the party's attorney. 
( e) 
If the registry corrects or eliminates information as requested or as ordered by the 
court, the registry shall advise all persons who have received the incorrect information of the 
fact. Upon application to the court and service of notice on the registry, an individual may 
request and obtain a list of all persons who have received dependent adult abuse information 
referring to the individual. 
(f) 
In the course of any proceeding provided for by this section, the identity of the 
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person who reported the disputed information and the identity of any person who has been 
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reported as having abused atl adult may be withheld upon a determination by the registry that 
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. disclosure ofthe person's identity would be detrimental to the person's interest. 
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SECTION 13. Civil Remedy. - Any aggrieved person may institute a civil action for 
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damages or to restrain the dissemination of dependent adult abuse information in violation of this 
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Act, and any person proven to have disseminated or to have requested and received dependent 
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adult abuse information in violation of this Act shall be liable for actual damages and exemplary 
damages for each violation and shall be liable for court costs, expenses, and reasonable attorney's 
fees incurred by the party bringing the action. In no case shall the award for damages be less than 
ten thousand pesos (P 10,000.00). The civil action may be instituted simultaneously with the 
criminal action for violations of this Act. 
SECTION 14. Registry Reports. - (a) The registry shall compile statistics, conduct 
research, and issue reports on dependent adult abuse, provided identifying details of the subjects 
of dependent adult abuse reports are deleted from any report issued. 
(b) 
The registry shall issue an annual report on its administrative operation, including 
information as to the number of requests for dependent adult abuse data, the proportion of 
requests attributable to each type of authorized access, the frequency and nature of irregularities, 
and other pertinent matters. 
SECTION IS. Emergency Order lor Protective Services. -
(a) If the department 
determines that a dependent adult is suffering from dependent adult abuse which presents an 
'immediate danger to the health or safety of the dependent adult, that the dependent adult lacks 
capacity to consent to receive protective services, and that no consent can be obtained, the 
department may petition the family court having jurisdiction over the place where the dependent 
adult resides for an emergency order authorizing protective services. 
(b) 
(c) 
The petition shall be verified and shall include all of the following: 
(1) 
(2) 
(3) 
The name, date of birth, and address of the dependent adult who needs 
protective services. 
The nature of the dependent adult abuse. 
The services required. 
Upon finding that there is probable cause to believe that the dependent adult 
25 
abuse presents an immediate threat to the health or safety of the dependent adult and that the 
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dependent adult lacks capacity to consent to the receipt of services, the conrt may do any of the 
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following: 
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(d) 
(I) 
(2) 
(3) 
Order removal of the dependent adult to safer sunoundings. 
Order the provision of medical services. 
Order the provision of other available servIces necessary to remove 
conditions creating the danger to health or safety, including the services of 
peace officers or emergency services personnel. 
The emergency order expires at the end of seventy-two (72) hours from the time 
7 
of the order unless the seventy-two-hour period ends on a Saturday, Slmday, or legal holiday in 
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which event the order is automatically extended to four p.m. on the first succeeding business day. 
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An order may be renewed for not more than fourteen (14) additional days. A renewal order that 
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ends on a Saturday, Sunday, or legal holiday is automatically extended to four p.m. on the first 
II 
succeeding business day. The court may modify or terminate the emergency order on the petition 
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of the department, the dependent adult, or any person interested in the dependent adult's welfare. 
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(e) 
If the department cannot obtain an emergency order under this section due to 
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inaccessibility of the court, the department may contact law enforcement to remove the 
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dependent adult to safer surroundings, authorize the provision of medical treatment, and order 
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the provision of or provide other available services necessary to remove conditions creating the 
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immediate danger to the health or safety of the dependent adult. The department shall obtain an 
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'emergency order under this section not later than four p.m. on the first succeeding business day 
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after the date on which protective or other services are provided. If the department does not 
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obtain an emergency order within the prescribed time period, the department shall cease 
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providing protective services and, if necessary, make arrangements for the immediate return of 
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the person to the place from which the person was removed, to the person's place of residence in 
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the state, or to another suitable place. A person, agency, or institution acting in good faith in 
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removing a dependent adult or in providing services under this subsection, and an employer of or 
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person under the direction of such a person, agency, or institution, shall have immunity from any 
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liability, civil or criminal, that might otherwise be incurred or imposed as the result of the 
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removal or provision of services. 
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The court may also enter orders as may be appropriate to third persons enjoining 
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them from specific conduct. The orders may include temporary restraining orders, The court may 
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enjoin third persons from any of the following: 
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(1) 
(2) 
(3) 
(4) 
(5) 
(6) 
(7) 
(8) 
(9) 
Removing the dependent adult from the care or custody of another. 
Committing dependent adult 'abuse on the dependent adult. 
Living at the dependent adult's residence, 
Contacting the dependent adult in person or by telephone, 
Selling, removing, or otherwise disposing of the dependent adult's 
personal property, 
Withdrawing funds from any bank, savings and loan association, credit 
union, or other financial institution, or from a stock account in which the 
dependent adult has an interest. 
Negotiating any instruments payable to the dependent adult. 
Selling, mortgaging, or otherwise encumbering any interest that the 
dependent adult has in real property. 
Exercising any powers on behalf of the dependent adult through 
representatives of the department, any court-appointed guardian or 
guardian ad litem, or any official acting on the dependent adult's behalf. 
(10) 
Engaging in any other specified act which, based upon the facts alleged, 
would constitute harm or a threat of imminent harm to the dependent adult 
or would cause damage to or the loss of the dependent adult's property. 
(11) 
This section shall not be construed and is not intended as and shall not 
imply a grant of entitlement for services to persons who are not otherwise 
eligible for the services or for utilization of services which do not 
currently exist or are not otherwise available. 
SECTION 16. Criminal Penalties. - (a) Adult abuse information-
(1) 
Any person who willfully requests, obtains, or seeks to obtain dependent 
adult abuse information under false pretenses, or who willfully 
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(b) 
(2) 
communicates or seeks to communicate 
dependent adult abuse 
information to any person except in accordance with this Act, or any 
person connected with any research authorized pursuant to this Act who 
willfully falsifies dependent adult abuse information or any records 
relating to the information is guilty of a criminal offense, and shall be 
punished by arresto mayor and a fine often thousand pesos (PIO,OOO.OO). 
Any person who knowingly, but without criminal purposes, communicates 
or seeks to communicate dependent adult abuse information except in 
accordance with this Act, shall be punished with a fine of five thousand 
pesos (P5,000.OO). 
Any reasonable grounds for belief that a person has violated any provision 
of this Act is grounds for the immediate withdrawal of any authorized 
access the person might otherwise have to dependent adult abuse 
information. 
Dependent adult abuse-
(1) 
Charges of dependent adult abuse may be initiated upon complaint of 
private individuals or as a result of investigations by the department or 
social service agencies or on the direct initiative of a law enforcement 
agency. 
(2) 
(3) 
(4) 
A caretaker who intentionally commits dependent adult abuse on a 
dependent adult in violation ofthis Act shall be punished by prision mayor 
if the intentional dependent adult abuse results in serious injury. 
A caretaker who recklessly commits dependent adult abuse on a dependent 
adult in violation of this Act shall be punished by prision correccional if 
the reckless dependent adult abuse results in serious injury. 
A caretaker who intentionally commits dependent adult abuse on a 
dependent adult in violation of this Act shall be punished by arresto 
mayor if the intentional dependent adult abuse results in physical injury. 
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(5) 
(6) 
(7) 
(8) 
A caretaker who recklessly commits dependent adult abuse on a person in 
violation of this Act shall be punished by arresto mayor if the reckless 
dependent adult abuse results in physical injury. 
A caretaker who commits dependent adult abuse by exploiting a 
dependent adult in violation of this Act shall be punished by prision 
correccional if the value of the property, assets, or resources exceeds one 
thousand pesos (PI ,000.00). 
A caretaker who commits dependent adult abuse by exploiting a 
dependent adult in violation of this Act shall be punished by arresto 
mayor if the value of the property, assets, or resources is one thousand 
pesos (PI ,000.00) or less. 
A caretaker alleged to have committed a violation of this Act shall be 
13 
charged with the respective offense cited, unless a charge may be brought 
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based upon a more serious offense, as provided for in other laws, in which 
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case the charge of the more serious offense shall supersede the less serious 
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charge. 
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SECTION 17. implementing Rules and Regulations. - Within one hundred eighty (180) 
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days from the effectivity of this Act, the Secretary of Social Welfare and Development shall 
19 
promulgate the necessary rules and regulations to carry out the objectives of this Act. 
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SECTION 18. Authorization of Appropriations. - To carry out the provisions ofthis Act, 
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there are authorized to be appropriated such sums as may be necessary for each fiscal year. 
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The Dependent Adult Abuse Services Program shall be established with one (1) year 
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from the effectivity of this Act. 
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SECTION 19. Reportorial ReqUirement . .-: Within two (2) years from the effectivity of 
25 
this Act, the Secretary shall submit a report to Congress on the costs and means to implement the 
26 
provisions ofthis Act. Thereafter, the Secretary shall submit an annual report to Congress. 
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SECTION 20. Separability Clause. - If any provision or part hereof is held invalid or 
2 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
3 
valid and subsisting. 
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SECTION 21. Repealing Clause. - Any law, presidential decree or issuance, executive 
5 
order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
6. 
with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
7 
SECTION 22. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
8 
publication in at least two (2) newspapers of general circulation. 
Approved, 
/jab112714 
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