, , ,  :: 
.. I
,
-
 
.,. 
O!:.F*,;”,; :- ’, Z~tir ~jE(;y\:T,;+i~%y 
FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
- 
J 
t1UL -2 ;’ 1 1;. i :  
OF THE PHILIPPINES 
1 
First Regular Session 
) 
S E N A T E  
Senate Bill No. 4 0 3 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 9 provides that: 
“The State shall promote a just and dynamic 
social order that will ensure the prosperity and 
independence of the nation and free the people from 
poverty through policies that provide adequate social 
services, promote full employment, a rising standard 
of living, and an improved quality of life for all”. 
Section 11 of the same article further provides that: 
“The State values the dignity of every human 
person and guarantees full respect of human rights”. 
Accordingly, person confined in institutions for intermediate or long term 
care, or custodial or residential care, must be accorded adequate social services 
and respect for their dignity. 
This Act will ensure that confined persons will not be subjected to shabby 
and abusive treatment from the people charged with their care and custody. 
The immediate passage of this bill is fervently sought. 
&
a
F
 
NGG Y EJERCITO ESTRAD ,i. 


. L .  , ~ .  
. ,~ 
, .  . 
!WG. . ~ , -  
.',fii:. ~ ~ ~ : ~ h Z T A i % Y  
. , I ,  
FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
1 
7 JIJ- 
-2 \' 
3 ::,ti 
OF THE PHILIPPINES 
First Regular Session 
1 
/ 
~ 
~ 
~~ 
~ 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
DEFINING WHO ARE INSTITUTIONALIZED PERSONS AND PENALIZING 
THEIR MALTREATMENT 
Be it enacted by the Senate and House of kepresentafives of the Philippines in 
Congress assembled: 
SECTION I. 
Short Title. This Act may be cited as the "lnstitutionalized 
Persons Protection Acf'. 
SEC 2. Declaration of Policy. 
It is the policy of the State to provide 
adequate social services to institutionalized persons and to respect their dignity 
by ensuring that the persons in charge of their care and maintenance treat them 
properly. 
SEC 3. Definition of Terms. As used in this 
(1) 
The term "institution" means any facility or institution which is 
owned, operated, or managed by, or provides services on behalf of 
the government or its political subdivision and which functions is to 
provide skilled nursing, intermediate or long term care, or custodial 
or residential care. 
The term "institutionalized persons" refers to persons kept in an 
institution as defined in this Act who are: 
(i) 
mentally ill, disabled, or retarded, or chronically ill or 
(2) 
handicapped; 
in jail, either by final sentence or under detention; 
(ii) 
(iii) 
juveniles ---- 
(a) 
held awaiting trial; 
(b) 
residing in such facility or institution for purposes of 
receiving care or treatment; or 


(c) 
residing for any government purpose in such facility or 
institution (other than a residential facility providing 
only elementary or secondary education that is not an 
institution in which 
reside juveniles who are 
adjudicated delinquent, in need of supervision, 
neglected, placed in government custody, mentally ill 
or disabled, mentally retarded, or chronically ill or 
handicapped). 
SEC 4. Prohibited Acts. It shall be unlawful for any official, employee or 
agent of the government, or other person acting on behalf of the government 
charged with the care of an institutionalized person to: 
(A) 
Subject persons residing in, or confined to an institution to 
egregious or flagrant conditions causing such person to suffer 
physical injuries; 
Withhold from such institutionalized persons services, resources 
and facilities necessary for their maintenance and wellobeing; and 
psychological or physical harm. 
(B) 
(C) 
Inflict, intentionally or through negligence, upon sad persons 
SEC 5. Penal Liabilify. Any of the persons referred to in Section 4 of this 
Act, who are guilty of the commission of the prohibited acts enumerated therein 
shall be penalized with imprisonment ranging from six (6) months to one (1) year. 
This is without prejudice to any administrative case which may be filed against 
the erring official. 
SEC 6. Civil Liability. A responsible official found guilty of violating this 
Act shall also be civilly liable for any damage that may be suffered by the 
institutionalized person as a result of the violation of this Act. 
SEC 7. Separabilify Clause. If any provision or part hereof, is held invalid 
or unconstitutional, the remainder of the law or the provision not otherwise 
affected shall remain valid and subsisting. 
SEC 8. 
Repealing Clause. Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation 
contrary to, or inconsistent with, the provisions of this Act is hereby repealed, 
modified or amended accordingly. 
SEC 9. Efiectivify Clause. This Act shall take effect fifteen (15) days after 
its publication in at least two (2) newspapers of general circulation. 
Approved,