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Republic of the Philippines
HOUSE OF REPRESENTATIVES (
Constitution Hills, Quezon City

SEVENTEENTH (17) CONGRESS
Second Regular Session

House Bill No. 6268

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

EXPLANATORY NOTE

Filipinos are known to be a people with close familial ties.
Also notable of the Filipino is their paying respect to those who
have set the path for us to walk on today. Those who laid that
path, yes some are no longer around but others are still alive.
They are our senior citizens. They have cared for the present
generation by imparting wisdom upon those who are still treading
on the path they have set years ago.

Senior citizens are given benefits protected upon by law in
the Philippines. They have cared for the present generation in
their own special way. The state recognizes their contribution to
society and appreciates it through several privileges and benefits.
These privileges and benefits include but are not limited to
discounts in malls and certain establishments and even special
lanes in offices and grocery stores.

Despite this appreciation enjoyed by them through laws and
benefits, there are still some senior citizens deprived from these
benefits and even subjected to abuse, be it physical, verbal,
mental and psychological to name a few, by other members of
society and sadly even by their own family. It is because of the
frailty of old age of the elderly that some will take advantage of
this to allow abuse to occur as the elderly are at this point,
especially that they become disabled and may no longer respond
normally to abuse.

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As of late, this phenomenon of violence towards senior
citizens runs counter to the Filipino trait of respect for elders. It
is sad to see that the kindness, wisdom and care given by these
senior citizens are being repaid with acts of abuse and violence at
a point when the senior citizen is at his or her most vulnerable.
While the benefits and privileges are given out of respect for the
senior citizens, this act aims to give more protection to the senior
citizens who are victimized by abuse of any form or kind as well
as to end this disturbing trend of abuse towards the senior
citizens who have imparted all they have for the country and its
people.

While it was known that there are steps being made to curb
this disturbing trend of differently-abled senior citizen abuse, this
Bill seeks to give the differently-abled senior citizens protection
from abuse just as children and women have as dictated by the
law.

It is only for this reason that the approval of this bill is
being sought.

Me. 6
ERIC L. OLIV.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SIXTEENTH (16) CONGRESS
Second Regular Session

House Bill No. 6268

Introduced By REPRESENTATIVE ERIC L. OLIVAREZ

AN ACT DEFINING ABUSE TOWARDS DIFFERENTLY - ABLED
SENIOR CITIZENS, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PROTECTION FROM ABUSE, AND
PRESCRIBING PENALTIES THEREFOR.

Section 1. Short Title. This Act shall be known as the
Anti- Differently Able Elders Abuse Act of 2017.

Section 2. Coverage. This Act shall protect differently-
abled senior citizens living in the Philippines, who are now
vulnerable physically, or psychologically, from any abuse, be it
verbal, physical, mental or psychological from any entity or
person.

Section 3. Definition of Terms - For purposes of this Act:

1) Differently-able persons - individuals who are impaired
physically and/or mentally. This may sometimes be
permanent or temporary.

2) Senior Citizen - refers to any resident citizen of the
Philippines aged sixty (60) years old and above

3) Vulnerable — refers to an individual who is defenseless or
has no capability to defend him or herself as well as
incapable to provide for himself or herself. This also
includes the following:

a. Individual who is crippled or suffering from a
debilitating disease rendering him/her unable to
work and is dependent upon strict care of a

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medically trained professional (i.e. caregivers,
personal nurses)

b. Individual also lacks psychological capacity in such
a way that the individual can no longer respond
normally and is in need of treatment and regular
medication.

4) Abuse - refers to any kind or form of cruel treatment on a
person which includes any of the following:

a. Physical - refers to intended use of force against a
senior citizen resulting in physical pain, injury or
impairment as well as inappropriate use of drugs,
restraints or confinement;

b. Emotional - refers to intimidation through verbal
threats, humiliation and ridicule, and habitual
blaming or scape-goating;

c. Psychological - refers to isolating a senior citizen
from friends or activities, ignoring the senior citizen
and terrorizing or menacing the senior citizen;

d. Sexual — refers to engaging in sexual activity with a
senior citizen without consent;

e. Neglect — refers to a failure in fulfilling a caretaking
obligation which can either be:

i. Active or intentional

ii. Passive or unintentional (based on factors such
as ignorance or denial that a senior citizen
being taken care of needs as much care as he
or she does)

f. Fraud - refers to misuse of senior citizen’s personal
checks, credit cards or accounts. Also involves
stealing of cash, income checks or household goods
as well as forging the senior citizen’s signature and
engagement in identity theft and;

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g. Scams - refers to announcements of awarding a
“prize” to a senior citizen won but must pay money
to claim, involvement of phony charities and
investment fraud.

Section 4. Acts of Abuse towards Differently-abled
Senior Citizens. The crime of abuse towards differently-abled
senior citizens is committed through any of the following acts:

a) Causing physical harm to differently-abled senior citizen;

b) Threatening to cause the differently-abled senior citizen
physical harm;

c) Attempting to cause the differently-abled senior citizen
physical harm;

d) Placing the differently-abled senior citizen in fear of
imminent physical harm;

e) Attempting to compel or compelling the differently-abled
senior citizen to engage in conduct with the differently-
abled senior citizen has the right to desist from conduct
which the differently-abled senior citizen has the right to
engage in, or attempting to restrict or restricting the
differently-abled senior citizen’s freedom of movement or
conduct by force or threat of force, physical or other
harm or threat of physical or other harm, or intimidation
directed against the differently-abled senior citizen. This
shall include, but not limited to the following acts
committed with the purpose or effect of controlling or
restricting the differently-abled senior citizen’s movement
or conduct.

1. Threatening to deprive or actually depriving the
differently-abled senior citizen of custody to
his/her family;

2. Depriving or threatening to deprive the
differently-abled senior citizen of a legal right;

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3. Controlling the differently-abled senior citizen’s
own money or properties, or solely controlling
the conjugal or common money or properties
with the purpose of depriving him/her of the
same;

f) Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling his/her actions
or decisions;

g) Causing or attempting to cause the differently-abled
senior citizen to engage in any sexual activity which
does not constitute rape, by force or threat of force,
physical harm, or through intimidation directed
against the differently-abled senior citizen or
his/her immediate family;

h) Engaging in purposeful, knowing or reckless
conduct, personally or through another that alarms
or causes substantial emotional or psychological
distress to the differently-abled senior citizen. This
shall include, but not be limited to the following
acts:

1. Stalking or following the differently-abled
senior citizen in public or private places;

2. Peering in the window or lingering outside the
residence of the differently-abled senior citizen;

3. Entering or remaining in the dwelling or on the
property of the differently-abled senior citizen
against his/her will;

4. Destroying the property and _ personal
belongings or inflicting harm to animals or pets
of the differently-abled senior citizens; and

5. Engaging in any form of harassment or
violence;

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i) Causing mental or emotional anguish, public ridicule
or humiliation to the differently-abled senior citizen,
including but not limited to, repeated verbal and
emotional abuse.

Section 5. Penalties - The crime of abuse towards
differently-abled senior citizens, under Section 4 hereof shall be
punished according to the following rules:

a. Acts falling under Section 4(a) constituting attempted,
frustrated or consummated parricide or murder or
homicide shall be punished in accordance with the
provisions of the Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable
in accordance with the Revised Penal Code, those
constituting serious physical injuries shall have the
penalty of the prison mayor; those constituting less
serious physical injuries shall be punished by prision
correccional; and those constituting slight physical
injuries shall be punished by arresto mayor.

Acts falling under section 4(b) shall be punished by
imprisonment of two degrees lower than the prescribed
penalty for the consummated crime but in no case be
lower than as specified in the preceding paragraph
provided, howerver, that it shall not be be lower than
arresto mayor.

b. Acts falling under Section 4(c) and 4(d) shall be
punished by arresto mayor;

c. Acts falling under Section 4(e) shall be punished by
prision correccional;

d. Acts falling under Section 4(f) shall be punished by
prision mayor;

e. Acts falling under Section 4(g) and 4(h) shall be
punished by prision mayor.

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In addition to imprisonment, the perpetrator shall (a) pay
a fine in the amount of not less than One hundred
thousand pesos (P100,00.00) but not more than three
hundred thousand pesos (P300,000.00); (b) undergo
mandatory psychological counseling or psychiatric
treatment and shall report compliance to the court.

Section 6. Venue. — The Regional Trial Court designated as
a Family Court shall have original and exclusive jurisdiction over
cases of abuse towards differently-abled senior citizens under
this Bill. In the absence of such court in the place where the
offense was committed, the case shall be filed in the Regional
Trial Court where the crime or any of its elements was committed
at the option of the complainant.

Section 7. Reporting Mechanisms. For reporting of
incidences of abuse towards differently-abled senior citizens,
there will be a special desk in every police precinct and barangay
hall for differently-abled Senior Citizen Abuse concerns to
monitor such incidences.

Section 8. Who may File a Complaint - Complaints on
cases of abuse towards differently-abled senior citizen as
enumerated herein may be filed by the following:

1. Offended party;

2. Descendant or collateral relative within the second
degree of consanguinity;

3. Officer, social worker or representative of a licensed
senior citizen- caring institution;

4. Officer or social worker of the Department of Social
Welfare and Development;

5. Barangay chairman; or

6. At least three (3) concerned responsible citizens where
the violation occurred.

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Section 9. Public Crime. - Abuse towards differently-abled
senior citizens 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.

Section 10. Prohibited Defense. - Being under the
influence of alcohol, any illicit drug, or any other mind-altering
substance shall not be a defense under this Act.

Section 11. Duties of Prosecutors/Court Personnel. —
Prosecutors and court personnel should observe the following
duties when dealing with victims under this Act:

a) communicate with the victim in a language understood
by the differently-abled senior citizen; and

b) inform the victim of her/his rights including legal
remedies available and procedure, and privileges for
indigent litigants.

Section 12. Duties of Barangay Officials and Law
Enforcers. — Barangay officials and law enforcers shall have the
following duties:

(a) respond immediately to a call for help or request for
assistance or protection of the victim by entering the necessary
dwelling or household whether or not a protection order has been
issued and ensure the safety of the victim/s;

(b) confiscate any deadly weapon in the possession of the
perpetrator or within plain view;

(c) transport or escort the victim/s to a safe place of their choice
or to a clinic or hospital;

(d) assist the victim in removing personal belongs from the house;

(e) assist the barangay officials and other government officers and
employees who respond to a call for help;

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() ensure the enforcement of the Protection Orders issued by
the Punong Barangy or the courts;

(g) arrest the suspected perpetrator without a warrant when any
of the acts of violence defined by this Act is occurring, or when
he/she has personal knowledge that any act of abuse has just
been committed, and there is imminent danger to the life or limb
of the victim as defined in this Act; and

(h) immediately report the call for assessment or assistance of the
DSWD, social Welfare Department of LGUs or accredited non-
government organizations (NGOs).

Any barangay official or law enforcer who fails to report the
incident shall be criminally, civilly or administratively liable as
the case may be and in addition be liable for a fine not exceeding
Fifty Thousand Pesos (P50,000.00);

Section 13. Healthcare Provider Response to Abuse-
Any healthcare provider, including, but not limited to, an
attending physician, nurse, clinician, barangay health worker,
therapist or counselor who suspects abuse or has been informed
by the victim of violence shall:

(a)properly document any of the victim's physical, emotional or
psychological injuries;

(b)properly record any of victim's suspicions, observations and
circumstances of the examination or visit;

(c) automatically provide the victim free of charge a medical
certificate concerning the examination or visit;

(d)safeguard the records and make them available to the victim

upon request at actual cost; and

(e) provide the victim immediate and adequate notice of rights
and remedies provided under this Act, and services
available to them.

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Section 14. Duties of Other Government Agencies and
LGUs- Other government agencies and LGUs shall establish
programs such as, but not limited to, education and information
campaign and seminars or symposia on the nature, causes,
incidence and consequences of such violence particularly towards
educating the public on its social impacts.

It shall be the duty of the concerned government agencies and
LGU's to ensure the sustained education and training of their
officers and personnel on the prevention of abuse towards
differently-abled senior citizens under the Act.

Section 15. Prohibited Acts. -A Punong Barangay,
Barangay Kagawad or the court hearing an application for a
protection order shall not order, direct, force or in any way
unduly influence the applicant for a protection order to
compromise or abandon any of the reliefs sought in the
application for protection under this Act. Section 7 of the Family
Courts Act of 1997 and Sections 410, 411, 412 and 413 of the
Local Government Code of 1991 shall not apply in proceedings
where relief is sought under this Act.

Failure to comply with this Section shall render the official or
judge administratively liable.

Section 16. Persons Intervening Exempt from Liability.
~In every case of abuse towards differently-abled senior citizens
as herein defined, any person, private individual or police
authority or barangay official who, 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 liability resulting
therefrom.

Section 17. Rights of Victims. —In addition to their rights
under existing laws, victims of abuse towards differently-abled
senior citizens shall have the following rights:

(a)to be treated with respect and dignity;

(b)to avail of legal assistance from the PAO of the Department
of Justice (DOJ) or any public legal assistance office;

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(c)To be entitled to support services form the DSWD and
LGUs’;

(d)To be entitled to all legal remedies and support as provided
for under the Family Code; and

(e)To be informed of their rights and the services available to
them including their right to apply for a protection order.

Section 18. Damages. - Any victim of violence under this
Act shall be entitled to actual, compensatory, moral and
exemplary damages.

Section 19. Hold Departure Order. —The court shall
expedite the process of issuance of a hold departure order in
cases prosecuted under this Act.

Section 20. Exemption from Payment of Docket Fee and
Other Expenses. -If the victim is an indigent or there is an
immediate necessity due to imminent danger or threat of danger
to act on an application for a protection order, the court shall
accept the application without payment of the filing fee and other
fees and of transcript of stenographic notes.

Section 21. Inter-Agency Council on Abuse toward
Differently - Abled Senior Citizens (IAC-ATDASC). In
pursuance of the abovementioned policy, there is hereby
established an Inter-Agency Council on abuse towards
differently-abled Senior Citizens, hereinafter known as the
Council, which shall be composed of the following agencies:

(a) Department of Social Welfare and Development (DSWD);

(b) Commission on Human rights (CHR);

(c) Department of Justice (DOJ);

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(d) Department of the Interior and Local Government
(DILG);

(e) Philippine National Police (PNP);
() Department of Health (DOH);
(g) Department of Education (DepEd);

(4

National Council on Disabled Affairs (NCDA);and

(i) National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to
eliminate abuse against differently-abled senior citizens based on
their mandates as well as develop capability programs for their
employees to become more sensitive to the needs of their clients.

The Council members may designate their duly authorized
representative who shall have a rank not lower than an assistant
secretary or its equivalent. These representatives shall attend
Council meetings in their behalf, and shall receive emoluments
as may be determined by the Council in accordance with existing
budget and accounting rules and regulations.

Section 22. Mandatory Programs and Services for
Victims. -The DSWD, and LGU's shall provide the victims
temporary shelters, provide counseling, psycho-social services
and /or, recovery, rehabilitation programs and _ livelihood
assistance.

The DOH shall provide medical assistance to victims.
Section 23. Counseling and Treatment of Offenders. -

The DSWD shall provide rehabilitative counseling and treatment
to perpetrators towards learning constructive ways of coping with

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anger and emotional outbursts and reforming their ways. When
necessary, the offender shall be ordered by the Court to submit to
psychiatric treatment or confinement.

Section 24. Training of Persons Involved in Responding
to Abuse towards Differently-Abled Senior Citizens Cases. —
All agencies involved in responding to abuse towards differently-
abled senior citizens cases shall be required to undergo education
and training to acquaint them with:

a. the nature, extend and causes of abuse towards differently-
abled senior citizens;

b. the legal rights of, and remedies available to, victims of
abuse towards differently-abled senior citizens;

°

. the services and facilities available to victims or survivors;

d. the legal duties imposed on police officers to make arrest
and to offer protection and assistance; and

°

. techniques for handling incidents of abuse towards senior
citizens that minimize the likelihood of injury to the officer
and promote the safety of the victim or survivor.

The PNP, in coordination with LGU's shall establish an education
and training program for police officers and barangay officials to
enable them to properly handle cases of abuse towards
differently-abled senior citizens.

Section 25. Confidentiality. - All records pertaining to
cases of abuse towards differently-abled senior citizens including
those in the barangay shall be confidential and all public officers
and employees and public or private clinics to hospitals shall
respect the right to privacy of the victim. Whoever publishes or
causes to be published, in any format, the name, address,
telephone number, school, business address, employer, or other
identifying information of a victim or an immediate family
member, without the latter's consent, shall be liable to the
contempt power of the court.

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Any person who violates this provision shall suffer the
penalty of one (1) year imprisonment and a fine of not more than
Five Hundred Thousand pesos (P500,000.00).

Section 26. Common Penal Provisions.

a.

The penalty provided under this Act shall be imposed
in its maximum period if the offender has been
previously convicted under this Act;

The penalty provided herein shall be imposed in its
maximum period when the perpetrator is a collateral
relative within the second degree of consanguinity or
affinity or a manager or owner of an establishment
which has no license to operate or its license has
expired or has been revoked;

The penalty provided for in this Act shall be imposed in
its maximum period if the offender is a public officer or
employee. Provided however, That if the penalty
imposed is reclusion perpetua or reclusion temporal,
then the penalty of perpetual or temporary absolute
disqualification shall also be imposed. Provided finally,
that if the penalty imposed is prision correccional or
arresto mayor, the penalty of suspension shall also be
imposed, and

A fine to be determined by the court shall be imposed
and administered as a cash fund by the Department of
Social Welfare and Development and disbursed for the
rehabilitation of each differently-abled senior citizen
victim, or any immediate member of his family if the
latter is the perpetrator of the offense.

SECTION 27. Implementing Rules and Regulations. - Within
six (6) months from the approval of this Act, the DOJ, the DSWD,
the DILG, the DOH, the NCDA and the PNP, shall promulgate the
Implementing Rules and Regulations (IRR) of this Act.

Such rules and regulations shall take effect upon their
publication in two (2) national newspapers of general circulation.

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SECTION 28. Suppletory Application -For purposes of this
Act, the Revised Penal Code and other applicable laws, shall have
suppletory application.

Section 29. Repealing Clause. - All laws, presidential
decrees, letters of instructions, executive orders, rules and
regulations insofar as they are inconsistent with this Act, are
hereby repealed or amended as the case may be.

Section 30. Separability Clause. - In the event that any
provision of this Act or any portion thereof is declared
unconstitutional by a competent court, the other provisions shall
not be affected thereby and shall remain valid and enforceable.

Section 31. Effectivity Clause. — This Act shall take effect
after its complete publication in at least three (3) newspapers of
general circulation.

APPROVED.

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