EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
S. No. 
3 5 4
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of f'lf ? 
'■ ' ‘ i’
'19 
J U U 1 
P 1 
1
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INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT DEFINING AND PROHIBITING ELDER ABUSE, PROVIDING 
PENALTIES THEREFORE, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
For many years. Elder Abuse was a hidden, unspoken issue in society. Similar to 
wife-beating, incest, and child abuse, it was a private problem kept within the confines 
of the domestic realm. But as a form of family violence, it has remained under or mis­
diagnosed, under-reported, and poorly addressed by public policy even if it is not 
uncommon that if one type of abuse is occurring within a home, other forms of abuse 
may be (or will soon be) taking place. Meanwhile, elderly abuse is still often ignored by 
health professionals, and sadly, most perpetrators of the abuse are usually one's own 
family members.
As the elderly population multiplies, so will the incidence of elder abuse. One out 
of every twenty (20) elderly people will be a victim of neglect or physical, psychological 
or financial abuse this year.
Extreme cases of elder abuse have obvious manifestations, like pressure marks 
on the body, broken bones, depression, unexplained withdrawal from normal activities, 
unattended medical needs, or strained, tense relationships. But most of elder abuse is 
subtle. It is difficult to tell the difference between normal interpersonal stress and 
abuse. Thus, it seems, elder abuse and neglect are often "hidden".
But the phenomenon of elder abuse is becoming increasingly recognized by both 
medical facilities and social agencies. More and more studies have highlighted the 
seriousness and magnitude of elder abuse as an issue concerning the health and 
welfare of older persons. As such. Elder Abuse is now considered a major public health


and human rights issue.
The World Health Organization's (WHO) Toronto Declaration on Elder Abuse 
defines elder abuse as "a single or repeated act, a lack of appropriate action, occurring 
within any relationship where there is an expectation of trust that causes harm or 
distress to an older person." It is not just an intentional negligent act that causes harm 
to a vulnerable adult, but may actually consist of neglect, abuse, and actual violence 
against an older person. It may take the form of physical, psychological and emotional 
abuse, financial or material exploitation, medical maltreatment, even sexual exploitation 
and abandonment.
Statistics uncover a frightening picture of elderly abuse around the world. The 
problem may get worse as the number of senior citizens increase. In the United States, 
it is estimated that people over the age of sixty-five (65) will number about fifty-two 
(52) million in the year 2020. With those aged eighty-five (85) years or older as the 
fastest growing group, they will comprise a big part of America's population-almost 1/6 
of the total. Meanwhile, the Philippines' elderly population has been steadily increasing 
in both size and proportion. By 2010, Filipino senior citizens are estimated to be seven 
(7) million.
Initially thought to be a problem of the developed world, elder abuse is now 
recognized as universal, although evidence from less-developed countries is primarily 
anecdotal. In the Philippines, elderly abuse is still not as prevalent as in the West. But 
of late, elderly abuse is no longer unheard of in modern Filipino culture. Despite our 
strong tradition of filial piety, it is not as unknown as people perceive it to be. It may be 
quite disturbing, but we have to admit that it may be a sign of the changing times and 
it is about time that the government does something to address this problem.
The purpose of this bill is more than just clearly defining elder abuse as a specific 
offense with a corresponding penalty. It seeks to bring to light the special context of 
Elder Abuse, of the particular "vulnerability" advance age has and which is taken 
advantage of by offender-perpetrators. Like domestic violence or VAWC, elder abuse 
may be a form of family abuse that is both a sensitive and controversial issue, requiring 
careful intervention from the State, hence the necessity for rules on immunity and 
confidentiality. More importantly, the most significant intervention is the requirement for 
clear and concrete Affirmative Acts that will raise public awareness and prevent the


incidence of elder abuse.
RISA HONTIVEROS 
Senator


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
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SENATE
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of :il- i
*19 JULU Pr-12
s. No. 
3 5 4
R E C E A D L "
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT DEFINING AND PROHIBITING ELDER ABUSE, PROVIDING 
PENALTIES THEREFORE, AND FOR OTHER PURPOSES
Be it  enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assem bled:
1 
Sec. 1. Short Title. -  This Act shall be known as the "Anti-Elder Abuse Law of
2 
2019".
3 
Sec. 2. Declaration o f Policy. -  Pursuant to the 1987 Constitution's Article II,
4 
Section 11, which declared that the State values the dignity of every human person
5 
and thereby guarantees the full respect for human rights, and Article III, Section 1,
6 
which mandates that "No person shall be deprived of life, liberty, or property without
7 
due process of law, nor shall any person be denied the equal protection of the laws",
8 
it is hereby declared the policy of the State to work actively for the elimination of all
9 
forms of discrimination, violence and abuse against the elderly.
10 
Moreover, the following Constitutional provisions also mandate that:
11 
"The State shall promote a just and dynamic social order that will ensure the
12 
prosperity and independence of the nation and free the people from poverty
13 
through 
policies 
that 
provide 
adequate 
social 
services, 
promote 
full
14 
development, a rising standard of living and an improved quality of life."
15 
(Article II, Section 9)
16 
"The State shall adopt an integrated and comprehensive approach to health
17 
development which shall endeavor to make essential goods, health and other
18 
social services available to all people at affordable cost. There shall be priority
19 
for the needs of the underprivileged sick, elderly, disabled, women and
20 
children." (Article X III, Section 2 on Health Services)


1 
" It is the duty of the family to take care of its older person members while the
2 
State may design programs of social security for them."( Article XV, Section 4
3 
on the Filipino Family)
4 
In addition, Republic Act No. 9262 or the VAWC Act declares that the State shall
5 
exert efforts to address violence committed against women, and Republic Act No.
6 
9710 or the Magna Carta of Women's Section 33 on the Protection of Senior Citizens
7 
state that "the State shall protect women senior citizens from neglect, abandonment,
8 
domestic violence, abuse, exploitation, and discrimination."
9 
Towards this end, the following discriminatory and abusive practices committed
10 
against senior citizens s defined herein shall be proscribed and penalized. Moreover,
11 
the State shall ensure that special protective mechanisms and support services
12 
against violence, sexual abuse, exploitation, and discrimination of older people.
13 
Sec. 3. Definition o f Terms. -  As used in this Act:
14 
a) Elderly - refers to any resident of the Philippines at least sixty (60)
15 
years of age.
16 
b) Discrimination - any distinction, exclusion, restriction, or preference
17 
which is based on any ground such as sex, sexual orientation, gender
18 
identity, whether actual or perceived, and which has the purpose or
19 
effect of nullifying or impairing the recognition, enjoyment, or exercise
20 
by all persons of an equal footing of all rights and freedoms.
21 
c) Marginalization -  any condition where people are systematically
22 
excluded from meaningful participation in economic, social, political,
23 
cultural and other forms of human activity in their communities and
24 
thus are denied the opportunity to fulfil themselves as human beings.
25 
d) Senior Citizen -  is a person 60 years old or above; it may be used
26 
interchangeably with the words "elderly" or "older person" which are
27 
more general or encompassing to refer to older people.
28 
e) Elder Abuse - any act of commission or of omission ("neglect") to an
29 
elderly (60 years old and above) that may be either intentional or
30 
unintentional resulting in unnecessary suffering, injury or pain, the loss
31 
or violation of human rights, and a diminished quality of life for the
32 
older person. It may take the form of physical, psychological and
33 
emotional 
abuse, 
financial 
or 
material 
exploitation, 
medical
34 
maltreatment, even sexual exploitation and abandonment. It is not just
35 
an intentional negligent act that causes harm to a vulnerable adult, but
36 
may actually consist of neglect, abuse, and actual violence against an


1 
older person. Some cases involve more than one type of abusive
2 
behavior, such as the abuser victimizing the elderly person both
3 
physically and emotionally.
4 
f) Physical abuse - the "infliction of pain or injury, physical coercion, or
5 
physical or drug-induced restraint". Includes intentional acts of violence
6 
that inflict bodily or physical harm.
7 
g) Battery -  act of inflicting physical harm resulting to physical and
8 
psychological or emotional distress
l-> 
h) Sexual abuse - a "non-consensual sexual contact of any kind with an
10 
elderly". Applies to acts which are sexual in nature such as sexual
11 
harassment, acts of lasciviousness, rape and/or sexual assault.
12 
i) 
Psychological or Emotional abuse - the "infliction of mental anguish".
13 
Applies to acts and/or omissions causing or likely to cause mental or
14 
emotional suffering such as but not limited to intimidation, public
15 
ridicule and humiliation, mockery and vilification, repeated verbal
16 
abuse, harassment, and threats.
17 
j) Financial or Material abuse - "the illegal or improper exploitation or use
18 
of funds or resources of the elderly". Applies to Acts that make or
19 
attempt to make an older person financially dependent, and/or actual
20 
deprivation or threat of deprivation of financial resources such as
21 
withdrawal of financial support, including controlling the victim-
22 
survivor's own money or properties.
23 
k) Neglect - consists of "refusal or failure to fulfill a care-giving obligation.
24 
It can involve a conscious and intentional attem pt to inflict physical or
25 
emotional distress on the older person."
26 
Sec. 4, Meaning and Context o f Elder Abuse. -  Under this Act, advanced age
27 
or seniority shall no longer be considered as a mere Aggravating Circumstance in an
28 
offense. As in the case of Child Abuse, age shall be appreciated with the added
29 
dimension of vulnerability which the offender or perpetrator took advantage of or
30 
failed to respect or give special consideration to.
31 
Elder abuse may be defined as "a single or repeated act, a lack of appropriate action,
32 
occurring within any relationship where there is an expectation of trust and support,
33 
that causes harm or distress to an older person."
34 
Sec. 5. Prohibited Acts Constituting Eider Abuse. -  Physical abuse is defined as
35 
the use of physical force that may result in bodily injury, physical pain, or
36 
impairment. Physical abuse may include but is not limited to such acts of violence as
3


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striking (with or without an object), hitting, beating, pushing, shoving, shaking,
2 
slapping, kicking, pinching, and burning. In addition, inappropriate use of drugs and
3 
physical restraints, force-feeding, and physical punishment of any kind also are
4 
examples of physical abuse.
5 
a) Sexual abuse is defined as non-consensual sexual contact of any kind
6 
with an elderly person. Sexual contact with any person incapable of
7 
giving consent is also considered sexual abuse. It includes, but is not
8 
limited to, unwanted touching, all types of sexual assault or battery,
9 
such as rape, sodomy, coerced nudity, and capturing sexually explicit
10 
acts in photographs and video.
11 
b) Emotional or psychological abuse is defined as the infliction of
12 
anguish, 
pain, 
or distress through 
verbal 
or nonverbal 
acts.
13 
Emotional/psychological abuse includes but is not limited to verbal
14 
assaults, insults, threats, intimidation, humiliation, and harassment.
15 
In addition, treating an older person like an infant; isolating an elderly
16 
person from her/his family, friends, or regular activities; giving an
17 
older person the "silent treatm ent;" and enforced social isolation are
18 
examples of emotional/psychological abuse.
19 
c) Financial or material exploitation is defined as the illegal or improper
20 
use of an elder's funds, property, or assets. Examples include, but are
21 
not 
limited 
to, 
cashing 
an 
elderly 
person's checks 
without
22 
authorization or permission; forging an older person's signature;
23 
misusing or stealing an older person's money or possessions;
24 
coercing or deceiving an older person into signing any document
25 
(e.g., contracts or will); and the improper use of conservatorship,
26 
guardianship, or power of attorney.
27 
d) Neglect is defined as the refusal or failure to fulfill any part of a
28 
person's obligations or duties to an elder. Neglect may also include
29 
failure of a person who has fiduciary responsibilities to provide care
30 
for an elder (e.g., pay for necessary home care services) or the failure
31 
on the part of an in-home service provider to provide necessary care.
32 
Neglect typically means the refusal or failure to provide an elderly
33 
person with such life necessities as food, water, clothing, shelter,
34 
personal hygiene, medicine, comfort, personal safety, and other
35 
essentials included in an implied or agreed-upon responsibility to an
36 
elder.


1 
e) Abandonment is defined as the desertion of an elderly person by an
2 
individual who has assumed responsibility for providing care for an
3 
elder, or by a person with physical custody of an elder.
4 
Sec. 6. Penalties. -  The crime of Elder Abuse shall be punished according to
5 
the following Rules:
6 
a) An 
offender-perpetrator 
shall 
be 
punished 
with 
imprisonment
7 
according to present criminal laws under The Revised Penal Code
8 
(RPC) and Republic Act No. 9262, or the Anti-Violence against Women
9 
and Children Act (Anti-VAWC);
10 
a. Acts constituting 
attempted, 
frustrated, 
or consummated
1 i 
Parricide, murder or homicide shall be penalized according to
12 
the RPC, especially if it results to mutilation,
13 
b. Acts constituting Serious Physical Injuries shall be punished by
14 
Prision Mayor, acts constituting Less Serious Injuries shall be
15 
punished by Prision Correctional, 
and anything 
constituting
16 
Slight Physical Injuries shall be punished by Arresto Mayor,
17 
c. Any act constituting sexual abuse or similar sexual-related
18 
offenses shall be punished by Prision Mayor;
19 
d. Any act constituting psychological and/or emotional abuse shall
20 
be punished by Prision Mayor;
21 
e. Any act constituting Financial, economic or material abuse shall
22 
be punished by Prision Correctionat,
23 
f. Any act constituting neglect or abandonment of an older
24 
person shall be punished by Arresto Mayor;
25 
b) The penalty provided shall be imposed in its maximum period:
26 
a. If the offender-perpetrator has been previously convicted
27 
under this Act;
28 
b. If the offender is a descendant, collateral relative or family
29 
member of up to the 2nd degree of consanguinity or affinity;
30 
c. If the offender is an owner-operator, manager, or employee of
31 
a privately-operated, for profit or non-profit, elderly facility;
32 
d. If the offender is a public official, staff or employee of a
33 
government-operated 
elderly 
residential/group home;
34 
Provided, that said 
public servant or employee 
can be
35 
subjected to suspension and/or termination according to
36 
administrative discipline procedures.
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c) The above-mentioned penalties shall not preclude the consequent 
civil case for damages or administrative charges that may also result 
in the suspension or revocation of accreditation or license to operate 
from the Department of Social Work and Development (DSWD).
Sec. 7. Enforcement and Protocols-
a) Public Crime - Elder abuse shall be considered a Public Offense which 
may be prosecuted upon the filing of a complaint by any citizen 
having personal knowledge of the circumstances involving the 
commission of the crime;
b) The following persons may file a complaint for Elder Abuse -
a. The Offended Older Person
b. A caregiver, family member or collateral relative within the 4th 
degree of consanguinity or affinity;
c. A healthcare provider, therapist, or counselor;
d. A fellow senior citizen from an elderly organization, or a 
churchmate from the parish;
e. Barangay officials, including Brgy. Chairperson, Kagawads, or 
Tanods;
f. 
Social Welfare Officers from the DSWD or Local Government 
Unit;
g. Police Officers or Law Enforcers.
c) Barangay Officials or Law enforcers shall respond immediately to a 
call for help or request for assistance by entering the dwelling, 
checking on the well-being of the victim, and ensuring the safety of 
the victim-survivor; 
As immediate responders, 
they must also 
transport or escort the victim to a safe place of their choice or to a 
clinic or hospital, if and when necessary;
d) Immunity - Any person or private individual acting in accordance with 
law, responds or intervenes without using violence or restraint greater 
than necessary to ensure the safety of the victim, shall NOT be liable 
for any criminal, civil, or administrative case resulting therefrom.
e) Prohibited Defense - Being under the influence of alcohol, any illicit 
drugs, or any other mind-altering substance shall not be a defense 
under this Act.


1 
f) Prohibited Acts by Government Officials - Any barangay official or
2 
court hearing an application for a Protection Order for an abused
3 
elderly woman according to RA 9262 or VAWC Act, shall not order,
4 
direct, force, or in any way influence the applicant to compromise or
5 
abandon any of the reliefs sought under RA 9262. Failure to comply
6 
shall render the official or judge administratively liable.
7 
g) The DSWD and Department of Health (DOH) shall require physicians,
8 
caregivers, or social workers who suspect ill treatment of senior
9 
citizens to discuss the concern with the family or the head of the
10 
nursing home or elderly facility. In case the ill-treatment is confirmed,
11 
or in the event of suspicious death, the same shall be reported to the
12 
appropriate authorities.
13 
h) Confidentiality - All cases pertaining to elder abuse including those at
14 
the barangay level shall be confidential, and all public officers and
15 
employees of public or private hospitals/clinics shall respect the right
16 
to privacy of the victim-survivor. Any person who shall make public
17 
any relevant or identifying information about the case or the victim
18 
shall be made liable for contempt of court and shall suffer the penalty
19 
of one year imprisonment and a fine of P500,000.00.
20 
Sec. 8. Establishment o f a Senior Citizens Help Desk. -  Every barangay shall
21 
establish a senior citizens Help Desk which shall provide immediate assistance to
22 
victim-survivors of elder abuse. Besides barangay officials, it may be manned by duly
23 
accredited representatives of the senior citizens sector or from the membership of a
24 
local elderly organization designated and authorized by the Barangay Council or
25 
Chairperson.
26 
Sec. 9. Mandatory Programs and Services fo r Victims o f Eider Abuse. -  The
27 
DSWD and LCDs shall provide the victims temporary shelter, counseling, psycho-
28 
social services and/or recovery, rehabilitation programs and financial assistance.
29 
The Office of Senior Citizens Affairs (OSCA) shall include services addressing gender-
30 
based violence as well as elder abuse. All suspected cases of abuse and/or neglect of
31 
senior citizens must be reported in accordance with existing laws. The OSCA, in
32 
coordination with the Local Social Welfare and Development Officer (LSWDO), shall
33 
maintain an Elder Abuse documentation and case monitoring system, and set up a
34 
databank to keep an accurate and reliable record of instances of abuse and violence
35 
committed against the elderly.


1 
Sec. 10. Counseling and Rehabilitation o f Offenders-Perpetrators. -  The DSWD
2 
shall provide rehabilitative counseling and treatment of perpetrators towards learning
3 
constructive ways of coping with their anger, emotional outbursts, or stress, and
4 
reforming 
their 
ways. 
Psychiatric 
treatment 
or 
confinement 
may 
also 
be
5 
recommended by the responsible authorities if necessary.
6 
Sec. 11. Trainings and Capacity-Building fo r Intervenors. -  All government
7 
agencies involved in responding to elder abuse cases shall be required to undergo
8 
education and training to acquaint them with:
9 
a) The nature, extent, causes, and risk factors of elder abuse;
10 
b) The legal rights and remedies of victim-survivors of elder abuse;
11 
c) Legal duties of barangay officials, OSCA Heads, LSWDOs, police
12 
officers and court authorities in offering assistance and protection;
13 
d) The available services and facilities for victim-survivors of elder
14 
abuse;
15 
e) Specific techniques in handling elder abuse cases to minimize injury
16 
and promote the safety and ensure the well-being 
of the victim-
17 
survivor.
18 
The DOH and other concerned institutions shall provide capacity-building on the
19 
prevention, detection, and management of psycho-social problems and other
20 
geriatric concerns of senior citizens such as dementia and Alzheimer's Disease,
21 
among healthcare providers, home caregivers, and staff and employees of nursing
22 
homes and/or elderly residential facilities, specifically on handling older person
23 
abuse.
24 
Sec. 12. Affirmative Acts. -  To ensure that the rights and welfare of older
25 
persons are protected, the following programs and interventions shall be developed
26 
and implemented:
27 
a) Establish clear advocacy/information programs and increase public
28 
awareness to minimize risks of neglect, abuse and violence to older
29 
persons;
30 
b) Include training on the prevention, detection and management of
31 
social problems of senior citizens among healthcare professionals and
32 
law enforcement officers, specifically on the 
handling of elder abuse
33 
cases;
34 
c) Encourage the development and utilization of supportive community
35 
resources that provide in-home services, respite care, and stress
36 
reduction with high-risk families; In addition, explore the possibilities
8


1 
of subsidies and outreach support for family and caregivers to
2 
promote quality homecare for senior citizens; and
3 
d) Ensure high priority to the enactment of measures that would provide
4 
social protection to the elderly and reduce their socio-economic and
5 
political disparities.
6 
e) Continue to develop and initiate programs and services for senior
7 
citizens that are gender-responsive, 
rights-based, 
and culture-
8 
sensitive so as to ensure specific needs and concerns of senior
y 
citizens are identified and addressed.
10 
f) Review school curricula and teaching modules through the DepEd and
11 
CHED to highlight with renewed focus the importance of family
12 
values, filial piety, and respect for the elderly.
13 
Sec. 13. Appropriation. -  The amount necessary to carry out the provisions of
14 
this Act shall be included and incorporated in the annual General Appropriations Act.
15 
Sec. 14. Separability Clause. -  If any provision or part hereof is held invalid or
16 
unconstitutional, the remaining provisions not affected thereby shall remain valid and
17 
subsisting.
18 
Sec. 15. Repealing Clause. -  Any law, presidential decree or issuance,
19 
executive order, letter of instruction, administrative order, rule or regulation contrary
20 
to or inconsistent with the provisions of this Act is hereby repealed, modified, or
21 
amended accordingly.
22 
Sec. 16. Effectivity. -  This Act shall take effect fifteen (15) days after its
23 
publication in the Official Gazette or in two (2) newspapers of general circulation in
24 
the Philippines.
Approved,