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SEVENTEENTH CONGRESS ) pave; 4
OF THE REPUBLIC OF THE PHILIPPINES ) ne UL, 2016
First Regular Session ) Tint 0 aw

HOUSE OF REPRESENTATIVES

REGISTRATION UNIT

House Bill No, 865 AND INDEX SERVICE

Introduced by Representative Victor A. Yap

EXPLANATORY NOTE
‘The Constitution, Article 11, Section 5, provides:

The maintenance of peace and order, the protection of lif, liberty and property, and the promotion of the
_general welfare are essential for the enjayment by all the people of the blessings of democracy.

‘This bill seeks to develop strategies for preventing and punishing crimes that target or
otherwise disproportionately affect seniors, by collecting appropriate data to measure the extent of
crimes committed against seniors and determine the extent of domestic and elder abuse, It likewise
aims to strengthen existing services being accorded to senior citizens by the government.

The bill tasks the Department of Justice (DOJ) through the National Bureau of Investigation
(NBD), as well as the Department of Interior and Local Government (DILG) through the Philippine
National Police (PNP), to conduct a study relating to crimes against senior in order to assist in
developing new strategies to prevent or reduce the incidence of these crimes.

Also, the bill provides for strengthening of government service and support mechanisms for
seniors through agencies of the government including local government units (LGUs) and
government-owned and controlled corporations (GOCCS).

‘To afford greater protection to our senior citizens, passage of this bill is earnestly sought.

a

VICTOR|A\WAP
Representative, 2"\District of Tarlac



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SEVENTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

865

House Bill No.

Introduced by Representative Victor A. Yap

AN ACT
‘TO COMBAT ABUSE AND ENHANCE PENALTIES FOR CRIMES AGAINST AND
TO STRENGHTEN GOVERNMENT SERVICE AND SUPPORT MECHANISMS FOR
SENIORS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1, Short Title. - This Act shall be known as the
2016”,

niors Safety and Service Act of

SECTION 2. Purpose. ~ The purpose of this Act is to develop strategies for preventing and
punishing crimes that target or otherwise disproportionately affect seniors by collecting appropriate
data to measure the extent of crimes committed against seniors and determine the extent of
domestic and elder abuse. It likewise seeks to strengthen existing services being accorded to senior
citizens by the government.

SECTION 3. Definition of Terms. ~ As used in this Act:
(1) “Crime” means any criminal offense under the Revised Penal Code and special laws; and

2) “Senior” means an individual who is 60 years of age and above,

SECTION 4. Study of Crimes Against Seniors.

(a) In General ~ The Department of Justice (DOJ), through the National Bureau of
Investigation (NBI) and the Department of Interior and Local Government (DILG), through the
Philippine National Police (PNP), shall conduct a study relating to crimes against seniots in order to
assist in developing new strategies to prevent and otherwise reduce the incidence of these crimes.

(b) Issues addressed ~The study conducted under this section shall include an analysis of —
(1) the nature and type of ctimes perpetrated against seniors with special focus on:
(A) the most common type of crimes that affect seniors;
@B) the nature and extent of elder abuse inflicted upon seniors; and
(© the nature and extent of health cate fraud and abuse targeting seniors,
(2) the tisk factors associated with seniors who have been victimized;

(3) the manner in which the criminal justice systems respond to crimes against
seniors;


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(4) the feasibility of establishing and maintaining a centralized computer database on
the incidence of crimes against seniors that will promote the uniform identification and reporting of
such crimes;

(8) crimes targeting or disproportionately affecting seniors;

(©) crime risk factors for seniors, including the times and locations at which crimes
victimizing seniors are most likely to occur;

(1) specific characteristics of the victims of crimes who ate seniors including age,
gender, race or ethnicity and socio-economic status;

(8) the nature and extent of crimes targeting seniors such as health care fraud; and

(9) other effective ways to prevent or reduce the occurrence of crimes against
seniors,

(©) Report - Not later than one (1) year after the effectivity of this Act, the DOJ and the
DILG shall submit to the House of Representatives and the Senate a report describing results of the
study under this section. ‘Thereafter, the study and report shall be had on an annual basis.

SECTION 5. Enhanced Sentencing Penalties Based on Age of Victim. ‘The DOJ, in
coordination with agencies of government concerned, shall:

(1) review existing sentencing guidelines and recommend the possibility of increased
penalties for persons convicted of offenses in which the victim was a senior in appropriate
circumstances, given the serious economic and physical harms associated with criminal activities
targeted at seniors due to their particular vulnerability;

2) consult with individuals or groups representing seniors, law enfor
victims organizations and the judiciary as part of the review described in this section;

ement agencies,

(3) account for any aggravating or mitigating circumstances that may justify exceptions in
order to provide sentencing enhancements;

Not later than one (1) year after the effectivity of this Act, the DOJ shall submit to Congress
a report on issues relating to the age of crime victims, which shall include any recommendations of
the DOJ relating to any revision or modification of penalty levels, including statutory penalty, for
offenses involving seniors.

SECTION 6. Strengthening Government Service and Support Mechanisms, All agencies of
government, including local government units (LGUs) and government-owned and controlled
corporations (GOCCs) shall endeavour to strengthen all present and existing service and support
mechanisms to seniors. As such, the establishment and enhancement of seniot’s desk in all
government offices shall be mandatory by utilizing similar facilities or resources devoted by such
offices for the same purpose.

SECTION 7. Appropriations. ‘The amount necessary for the initial implementation of this Act
shall be charged against the current year’s appropriations of the DOJ. Thereafter, such sums as may
be necessary for the continued implementation of this Act shall be included in the General
Approptiations Act.

SECTION 8. Separability Clause. If any provision of this Act is declared invalid, the remainder
of this Act or any provision not affected thereby shall remain in force and effect.


SECTION 9, Repealing Clause. All laws, orders, dectees, rules and regulations, and other parts
thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified
accordingly.

SECTION 10. Effectivity. This Act shall take effect fifteen (15) days following its publication in
the Official Gazette ot atleast two (2) newspapers of general circulation,

Approved,