Republic of the P0hilippines
HOUSE OF REPRESENTATIVES
Quezon City
19th CONGRESS
Second Regular Session
ribusE BILL No.   8990
Introduced by HONORABLE MILAGROS AQU[NO-MAGSAYSAY
AN ACT AMENDING REPUBLIC ACT NO.11350, OTHERWISE KNOWN AS THE
"NATIONAL COMIvllssION 0F SENIOR CITIZENS ACT", PROVIDING FOR ITS
ORGANIZATIONAL STRUCTURE, EFFICIENT TRANSITION AND
OPERATIONALIZATION, AND MAXIMIZING ITS FUNCTloNALITY FOR THE
BENEFIT OF SENIOR CITIZENS
EXPLANATORY NOTE
This  bill  seeks to  amend  Republic Act  (RA)  No.11350,  otherwise  known  as the
"National Commission of Senior Citizens Act", providing for its efficient transition from the
Department  of  Social  Welfare  and   Development  (DSWD)  through  a  more  coherent
organizational structure, establishing clear mechanisms for its effective operationalization
and clarifying  institutional arrangements to ensure maximum functionality.
RA 11350 7876 or the National Commission of Senior Citizens Act was passed as
a  response to the decades-long clamor from the senior citizens sector that there finally
be a primary government agency focused on their rights, interests and welfare. While RA
7432 providing for the benefits and privileges of senior citizens was twice amended, first
by RA 9257 and then by the prevailing RA 9994, there was a need for a law establishing
organizational  structures  and  institutional  arrangements  that  will  support  mechanisms
operationalizing senior citizen programs and services.
Unfortunately,  since the  law's  passage  in  2019,  the transition from the  DSWD to
the NCSC has not happened. Moreover, even with the appointment of the Commissioners
in  2020,  the  NCSC  has not displayed  any capability to assume the  responsibilities and
functions of the NCSC pertaining to the senior citizens' sector.  It is for this reason that the
law needs to be amended to provide more guidance and clearer directions on the law's
original  intention,  thereby  ensuring  that  the  senior  citizens  sector  does  not  suffer the
consequences of an inefficient and non-functional body.


ln view of the foregoing, the passage of this bill is earnestly recommended.


Republic of the Philippines
House of Representatives
Quezon City, Metro Manila
Nineteenth Congress
Regular Session
ri'busE BiLL NO.  899o
Introduced by Honorable Milagros Aquino-Ivlagsaysay
AN ACT AMENDING REPUBLIC ACT NO.11350, OTHERWISE KNOWN AS THE
``NATIONAL COMMISSION OF SENIOR CITIZENS ACT", PROVIDING FOR ITS
ORGANIZATIONAL STRUCTURE, EFFICIENT TRANSITION AND
OPERATIONALIZATION, AND MAXIMIZING  ITS FUNCTIONALITY FOR THE
BENEFIT OF SENIOR CITIZENS
Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress Assembled
SECTION 1. Section (3) of RA 11350 on the creation of the National Commission of
Senior Citizens (NCSC) is hereby amended to read as follows:
``SEC. 3. Creation of the National Commission of Senior Citizens.-There .is heretry
created the National Commission of Senior Citizens, hereinafter referred to as the
Commission,  and  which  shall  be  under  the  Department  of  Social  Welfare  and
Development   for   appropriate   oversight.   The   Commission   shall   establish   its
principal  office  in  the  National  Capital  Region  and  it  may  set  up  regional  and
provincial  offices  in  coordination  with  appropriate  government  agencies  like  the
DSVVD.„
SECTION 2. Section (4) on the Composition of the NCSC is hereby amended to read
as follows:
"SEC. 4. Compost.fr.on.-The Commission shall be composed of a Chairperson and
six  (6)  Commissioners  and  shall  act  as  a  collegial  body  and  shall  decide  by
consensus all substantive  matters  pertaining to  NCSC functions,  including  hiring
and appointment of staff . The Chairperson shall be the Chief Executive Officer of
the Commission. The six (6) Commissioners shall represent different geographical


regions   of  the   Philippines,   equally   covering   the   major   Luzon,   Visayas,   and
Mindanao  clusters.  Provided, that  the  full  Commission  shall  meet  at  least  once
every quarfer, or as need arises."
SECTION  3.  Section  (6)  on  the  Qualifications  of  the  Commissioners  is  hereby
amended to read as follows:
"SEC. 6. Qtfa/i.fl.cafr.ons.-The members of the Commission must be citizens and
residents  of  the  Philippines;   at  least  sixty  (60)  years  old  at  the  time  of  their
appointment;   of  good   moral   character;   bona  fide   members   of  registered   or
accredited  senior  citizens  associations  with  a  good  track  record;  holders  of  a
college degree, have relevant experience, extensive knowledge and expertise with
matters affecting the affairs of senior citizens; of good health and sound mind; have
not been convicted  by a final judgment of a crime involving  moral  turpitude;  and
recommended by at least three (3) other senior citizens organizations including the
one he/she is a member of: Provt.ded, That at least three (3) Commissioners shall
be women.
"Relevant  experience,   extensive   knowledge  and  expertise  on  senior  citizens
affairs"  as   important  qualification   requirements   refers  to  familiarity  with   laws,
policies and  programs affecting senior citizens,  longtime active  membership  in a
legitimate   senior   citizen   organization,   previous   leadership   position   or   official
representation  in a  board or committee organized  by the DSWD,  NAPC,  or local
government unit, and prior participation  in advocacies for senior citizen  rights and
welfare."
SECTION 4. Section (7) on the Functions of the NCSC is hereby amended to read as
follows:
SEC. 7. Ftinct/.ons.  -The Commission shall:
(a) Ensure the full implementation and uniform enforcement of laws,  policies,  and
programs of the government pertaining to senior citizens;  Review and conduct
studies  on the same;  and  formulate,  develop,  and  advocate for new  policies
and  responsive  legislation  for the  promotion  and  protection  of the  rights  and
well-being of senior citizens;
(b) Develop and establish an effective Monitoring and Reporting System, including
a  Complaints  Handling  Mechanism,  to  ensure  the  efficient,  consistent  and


uniform jmplementatjon of all relevant laws,  programs and services, especially
those under Republic Act No. 9994;
(c)  Coordinate and evaluate the programs,  projects and activities of government
agencies  especially  those  with  responsibilities  under  RA  No.   9994  and  its
lmplementing  Rules  and  Regulations;  Call  upon  and  utilize  any  department,
bureau,  office,  agency or instrumentality,  public,  private or voluntary,  for such
assistance to ensure proper implementation of all other senior citizens laws;
(d) Develop  an  integrated  and  comprehensive  long-term  National  plan  for  the
social   protection  of  senior  citizens  at  all  levels,   including  establishing  and
maintaining a National Database on the Profiling and Referral system of senior
citizens;
(e) Raise a level of public awareness on the rights and welfare of senior citizens
through   the   conduct   of  nationwide,   strategic   information,   education,   and
communication (lEC) programs or campaigns;
(f)   Initiate and conduct regular orientations, trainings, and other capability-building
programs and activities on  RA 9994 implementation and other senior citizens
laws  and  programs  like the  Centenarian Act and  the  Senior Citizens  Center
Act;
(g) Coordinate  the  conduct  and  evaluation  of  the  Philippine  Plan  of Action  for
Senior  Citizens  (PPASC),   related  researches  and  documentation  of  Good
Practices,  gaps and disparities for policy and  program development;  Develop
and  institute effective and  innovative approaches and  methods with which  to
address emerging concerns of the senior citizens;
(h) Establish  and  maintain  cooperation  and  consultations with  local  government
units and national government agencies on all matters pertaining to the general
welfare of senior citizens;


(i)   Establish, maintain and expand partnerships, linkages and other networks with
national,  regional and  international  organizations working  with  senior citizens
to optimize resource generation,  technical cooperation  and exchange;  Initiate
consultative   dialogues,   special   meetings,   relevant   fora   and   symposia   to
support senior citizen advocacies and programs;
0)   Represent the  Philippines  in  international  functions,  fora,  or  conferences  on
senior citizens and keep abreast with international standards of human  rights,
latest developments in social protection, and other emerging trends and issues
affecting senior citizens;
(k)  Prepare  yearly  accomplishment  report  for  the  Office  of  the  President  and
Congress, and any other concerned national government and local government
units;
(I)   Constitute  and   convene  when   necessary,   a  special  advisory   body  to   be
composed  of  such   representatives  from  the  go.vernment,   nongovernment
organizations,  civil  society,  and  the  private  sector,  as  the  Commission  may
deem  appropriate,  to  assist  in  the  performance  of  its  functions;  Act  as  a
consultative  forum  and  coordinating   body  to  rationalize  the  functions  and
activities  of  government  agencies  involved  in  the  social  protection  of  senior
citizens;
(in)Develop   appropriate   mechanisms   and   procedures   for   the   selection   and
nomination   of  the   members   of  the   Commission   for  appointment   by   the
President; and
(n) Perform such other actions and functions for the  promotion  of the welfare of
senior citizens, as may be directed by the President.
SECTION  5.  Section  (8)  on  the  Organizational  Structure  of the  NCSC  is  hereby
amended to read as follows:


SEC. 8. Ongani.zafjona/ Strticfure. -Subject to the approval of the Department of
Budget  and  Management  (DBM),   the  Commission,   in  addition  to  the  careful
consideration of the above-mentioned functions and responsibilities, shall have an
organizational  structure,  staffing  pattern,  offices,  divisions,  or units  based  on the
responsibilities  and functions  it shall  also  absorb  and  take over from  the  DSWD
and such other senior citizen-related concerns and  emerging trends;  However,  it
may  create  other  offices,  divisions  or  units    as  it  may  deem  necessary  to  fully
operationalize  and  maintain  its  functionality;  The  NCSC  shall  recruit,  hire,  and
appoint its officers and employees in accordance with civil service laws,  rules and
regulations.  Prov/.ded,  the remuneration structure for the  positions in the staffing
pattern  shall  strictly  conform  to  Republic Act  No.  6758,  otherwise  known  as  the
"Compensation and Position Classification Act of 1989".
The  NCSC  shall  have the following  organizational structure to absorb all  related
functions  from   DSWD  mentioned   in  Section   10  (Abolition  of  the  NCMB)  and
Section   11   ITransfer  of  Functions  from   DSWD)   and   respond   to   its   staffing
requirements:
To ensure the  re-activation of all functions and  responsibilities  being  handled  by
the former National Coordinating and Monitoring Board (NCMB) and its Technical
Secretariat,  especially  those  pertaining  to  RA  9994  implementation,  monitoring
and reporting
To  ensure  continued   operations  of  various   sectoral   programs  and   services
especially  the  Social  Pension  Program  and  financial  assistance/AICS  under the
DS\/VD Programs Management Bureau (PMB), there shall be a counterpart office
for senior citizen programs and operations
For Senior Citizens Group  Homes,  Residential  Care  Facilities and other centers
for senior citizens operated and monitored by the DSWD  Programs Management
Bureau, there shall also be a counterpart division or unit for senior citizens centers
and facilities
For the regulation,  licensing and accredjtation requirements being enforced by the
DSWD  Standards  Bureau  for  Non-Government  Organizations  (NGOs)  and  local
gov6rnment  units  (LGUs)  operating  and  maintaining  senior citizens centers  and
facilities,  including  the  mandated  Senior  Citizens  Center  under  RA  7876,  there
shall be a counterpart division for regulation and licensing
For  senior  citizens  sector  policy  questions,   emerging  trends,  compliance  with
international commitments, and priority legislative measures, as well as the crafting
of the successive 5-year sectoral agenda, the Philippine Plan of Action for Senior
Citizens   (PPASC),   all   currently   under  the   Policy   Development  and   planning
Bureau (PDPB) and  Department Legislative Liaison Office (DLLO), there shall be
a  counterpart  office  that  will  perform  tasks  related  to  policy  advocacy,  policy


formulation   or  development,   legal   review  and   reform,   including   research   on
matters affecting the senior citizens sector;
For the development of social welfare programs and other relevant interventions
that will address senior citizens concerns,  including the  piloting and  marketing of
new  technologies  currently  being  performed  by  the  DSWD  Social  Technology
Bureau,  a counterpart division shall be established to work closely with the office
or unit in-charge of programs and operations;
For administrative and finance  matters,  as well  human  resources/personnel  and
procurement  concerns,   the   necessary   administrative   support   office   shall   be
established;   while  a  division  for  information   technology  and  communications
systems may be inclirded in this office for technical support;
The transition may likewise duly consider the implications of the Mandanas ruling further
devolving specific social services and  programs to the local government units,  and how
counterparts  and  stafflng  requirements  at  the  local  level  may  be  affected  to  ensure
institutional arrangements and mechanisms are in place.
SECTION  6.  Section  (9)  on  the  appointment of the  Executive  Director  is  hereby
amended to read as follows:
SEC, 9. Execufr.ve Of.rector.  -The Commission shall appoint an  Executive Director
employees in accordance with civil service laws, rules and regulations and Career
Executive   Service    Board    (CESB)    requirements   and    procedures.    shall   be
responsible for implementing the policies,  rules,  regulations and directives of the
Commission;  the  management  of  the  Commission's  daily  operations;   and  for
coordinating  and  supervising  the activities of the different offices,  divisions,  and
units of the Commission.
The Executive Director shall be a Career Executive Service Officer or CES eligible,
and  shall  have  an  educational  background  in  any  of  the  following  fields:   law;
economics;  commerce;  management;  social  services;  or finance.  The  Executive
Director should have at least five (5) years of relevant experience, knowledge and
expertise in senior citizens' policies,  programs and services.
SECTION   7.   Section   (10)   on   the   abolition   of  the   National   Coordinating   and
Monitoring Board (NCMB) is hereby amended to read as follows:
SEC.  10-A. Abolition  of  the  National  Coordinating  and  Monitoring  Board. -The
National Coordinating and Monitoring  Board created by virtue of Republic Act No.
9994,  otherwise known as the "Expanded Senior Citizens Act of 2010",  is hereby
abolished.  Provided,  that all the  previous functions,  duties and  responsibilities of


the  NCMB  are fully absorbed  and  taken  over by the  NCSC to  prevent a gap  or
vacuum  in  the  implementation  and  monitoring  of  Republic  Act  No.   9994,  the
primary  senior citizens  law granting  benefits  and  privileges.  These  shall  include
the following:
a)   Regularly   review  the   status   of  implementation   of  RA   9994   benefits   and
privileges  of  senior  citizens  under the  different  categories  of  businesses  or
inciiis{ries,  fakiTTg  riote of any  erTiergirig problems or confusing gray areas that
need clarification;
b)   Coordinate with other relevant government agencies to resolve specific policy
questions  and  for  the  issuance  and   updating   of  necessary  supplemental
guidelines,  rules or regulations to help implement RA 9994 provisions;
c)   Discuss and cooperate with. private sector representatives,  inc!ijding different
businesses  and  industry  associations,  to  clarify  implementation  issues  and
ensure uniform application of RA 9994 privileges;
d)   Provide  regular  capability-building  and  training  for  Officer  of  Senior  Citizens
Affairs (OSCA)  Heads who are tasked to receive complaints for violations of
RA 9994 especially non-availment of discount privileges.  as well as officers of
the Federation of Senior Citizens Associations of the Philippines (FSCAP) and
other   senior   citizens   organizations   who   are   entitled   to   be   updated   on
developments;
e)   Maintain and  update the NCMB webpage and online resources page,  as well
as the official NCMB email and query hotline;
?/    Compile and consolidate reievarit materials arid c±ocumentatioris on  RA 9994,
the  Social  Pension  Program,  the  Centenarians  Act,  and  other  senior citizen
laws and programs
g)   Discuss  and  resolve  issues  and  concerns  pertaining  to  RA  9994  benefits
availment,   complaints   and   violations,   and   issue   clarificatory   NCSC   inter-
agency Resolutions for gijidance;
There   shall   be   established   NCSC   Regional   Offices   where   the   respective
Commissioners   shall   hold   office.   To   help   operationalize  these   offices,   tl.e
Institutional  Arrangements at the Regional  Level  shall  be maintained  as follows
under Section 10-a to read as follows..
SEC.  10-8  -  The  former  Regional  Inter-Agency  Committee  for  Senior  Citizens
(RIASC) and  Regional Coordinating and Monitoring  Body (RCMBs) organized  by
the DSWD Field Offices shall be reactivated and maintained as implementing and
monitoring arms at the regional level for the NCSC, and shall regularly coordinate
-with  the  designated  Commissioner with  oversight  over  said  area.  The  previous
Terms of Reference (TOR) governing the RIASCs and RCMBs may be amended
and updated to address any changes as may be called for.
SEC.   10-C.  -  An  Inter-Agency  Advisory  Committee  composed  of  relevant
national line agencies formerly tasked with implementing and monitoring RA 9994
shall be created to assist the NCSC in its functions. The National Commission for


Senior Citizens (NCSC), shall coordinate with other relevant government agencies
like the Department of Social Welfare and Development (DSWD), the Department
of  Interior and  Local  Government  (DILG),  the  Department  of  Health  (DOH),  the
Philippine Health Insurance Corporation (PhilHealth), the Department of Trade and
Industry   (DTl),   the   Technical    Education   and   Skills   Development   Authority
(TESDA), the  Department of Labor and  Employment (DOLE),  the  Department of
Agriculture  (DA),  the  Department  of  Transportation  (DOTr),  the  Department  of
Justice (DOJ), the Commission on Human Rights (CHRP), the National Economic
Development  Authority   (NEDA),     the   Department  of  Education   (DepEd),   the
Commission  on   Higher  Education  (CHED),  the  Department  of  Foreign  Affairs
(DFA) or other government agencies and  local government units,  which shall be
tasked to facilitate related programs and services to the senior citizens shall assist
in  the  effective  implementation  of  this  Act  and  provide  the  necessary  support
services."
SECTION  8.  Section  (11)  on the Transfer of Functions from the  DSWD  is  hereby
amended to read as follows:
SEC.Ill Transfer of Functions from the Department of Social Welfare and
Development   (DSWD)   to  the   National   Commission   of  Senior   Citizens
/IVCSCJ. -All   functions,    programs,    projects   and   activities   which   are   being
undertaken by the Department of Social Welfare and Development (DSWD) for the
formuiatjon,  implementation,  and coordination of social welfare and  development
(SWD)  policies and  programs for the poor,  vulnerable and disadvantaged  senior
citizens   shall   be  transferred   to  the   National   Commission   of  Senior  Citizens
(NCSC).  Provided,  the  NCSC  is  100%  organizationally-ready  and  institutionally-
prepared with proper offices,  divisions and units, completely staffed with qualified
and experienced  personnel familiar with the existing  senior citizen  programs and
services,   including  bonded   public  servants  to  serve  as  special  disbursement
officers (SDOs) for Social Pension pay-outs.  Until then,  DSWD shall continue and
maintain its leadership and implementation over senior citizens welfare programs
and services.
SECTION 9. Section (12) On Appropriations of RA 11350 shall be amended to read as
follows:
"SEC.12-A. Appropriations. -The amount necessary to fund the implementation
of this Act shall be included in the annual General Appropriations Act.
SEC.  12-8 Donations. -The Commission shall be authorized to receive grants,
donations,  contributions  or gifts which  will  be  administered  or disbursed  for the


purpose of which they were given, such as for DSWD-run senior citizens centers
and residential group homes, or in the absence of such,  as the Commission may
determine. Such donation shall be exempt from donor's tax in accordance with the
provisions  of the  National  Internal  Revenue  Code  (NIRC)  of  1997.  In  all  cases,
government rules and regulations shall apply.
SECTION 10. Oversight -The NCSC, while retaining its operational independence, shall
be  under  the  Oversight  of the  DSWD,  and  shall  regularly  report  to  the  Office  of the
President (OP) and the respective Senate and House Committees tackling senior citizens
concerns.
SECTION 11. Section (13) on the lmplementing Rules and Regulations of this Act is
hereby amended to read as follows:
"See.  13.  Implementing Rules and Regulations. -Within   one hundred eighty
(180)  days from  the approval  of this Act,  the  Department of Social Welfare and
Development  (DSWD)  in  coordination  with  the  National  Commission  for  Senior
Citizens  (NCSC),  and  proper  consultation  with  the  Department  of  Budget  and
Management  (DBM),  the  Civil  Service  Commission  (CSC),  the  Department  of
Interior   and   Local   Government   (DILG),   the   League   of   City   Mayors   of   the
Philippines (LCP),  League of Municipal Mayors of the Philippines (LMP) and Union
of Local Authorities of the Philippines (ULAP), shall issue the rules and regulations
to effectively implement the provisions of this Act, Any violation of this section shall
render  the  concerned  official(s)  liable  under  Republic Act  No.  6713,  otherwise
known  as  the  "Code  of Conduct  and  Ethical  Standards  for  Public  Officials  and
Employees" and other existing administrative and/or criminal laws."
SECTION  11.  Separability clause -If any  portion or provision  of this Act is declared
invalid or unconstitutional, other provisions not affected thereby shall continue to be in full
force and effect.
SECTION   12.   Repealing   Clause  -  All   laws,   decrees,   executive   orders,   rules   or
regulations contrary to or inconsistent with the provisions of this Act are hereby repealed
or modified accordingly.
SECTION 13.  Effectivity -This Act shall take effect fifteen (15) days after publication in
the Official Gazette or in newspaper of general circulation.
Approved