Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. a

Introduced by: REPRESENTATIVE MARISOL C. PANOTES

EXPLANATORY NOTE

The senior citizens in our country have been enjoying certain
privileges and benefits due to certain number of laws passed by
Congress, which explicitly grant discounts in medicines, transportation
fares and other privileges. It is sad to note however, that these laws will
become meaningless to the poor simply for the reason that they cannot
enjoy the discount granted as they do not have money to purchase
medicines or dine in restaurants or even ride in any mode of
transportation to be able to enjoy such discounts.

It is worthy to mention that Section 4, Article XV of the
Constitution specifically provides that “[T]the family has the duty to care
for its elderly members but the State may also do so through just
programs of social security. *

The mandate of the Constitution with respect to the care of the
elderly, especially addressed to the family, is crystal clear and
unequivocal. While the granting of discounts has greatly benefited many
senior citizens in the middle and upper echelon of our society, there
should be another way by which the government could let our
unfortunate senior citizens feel that they have not been abandoned or
neglected.

There is an urgent need also to address some more pressing social
problems like the abandoned, disadvantaged, disabled, deprived and
sometimes abused senior citizens, who continue to wander in most
conspicuous places, particularly in Metro Manila and other urban
centers, as they have gotten less attention from the government.

In the Philippines, there are a lot of elderly parents, who had been
neglected or abandoned by their children or relatives due to the
deteriorating economic conditions. In fact, they often consider those
living with the family as burden which is the exact opposite of those who
belong to affluent families, that they are even quarreling over the custody
of their elderly parents in order to preserve their inheritance.


The time has come when the moral obligation of children to look
after their parents in their twilight years has to be backed by a legal
obligation by imposing penalty for not taking care of their parents.

This bill therefore seeks to implement the Elderly Care and
Protection Act, by penalizing the children, who will abandon or neglect
their parents, allowing their parents to roam or wander aimlessly without
any place to go. Once implemented, the law will ensure that maintenance
of older persons by their family will become a matter of right for the
parents. Likewise, the government is mandated to establish home for the
elderly in every region in order to ensure that no elderly is neglected or
abandoned and that the government is properly taking care of them.

In view of the foregoing reasons, the approval of this bill is

earnestly sought.
Robe Cc. PANOTES

Representative
Second District, Camarines Norte

v


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session
3836

HOUSE BILL No.

Introduced by -EPRESENTATIVE MARISOL C. PANOTES

AN ACT
INSTITUTING MECHANISMS TO PROTECT THE ELDERLY AGAINST
ABUSE, EXPLOITATION AND ABANDONMENT OR NEGLECT,
ESTABLISHING A HOME FOR THE ELDERLY IN EVERY REGION,
PROVIDING PENALTIES FOR ANY VIOLATION THEREOF AND
APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Short Title. - This Act shall be known as “Elderly
Care and Protection Act.”

SEC. 2. Declaration of Policy. - It is the policy of the State to
value the dignity of the elderly persons by according adequate measures
for their care, protection and welfare. Toward this end, the State shall
impose a legal obligation for children to provide compulsory maintenance
and support to the elderly parents.

SEC. 3. Definition of Terms. - As used in this Act, the following
terms shall mean:

a) Elderly refers to any person who is 60 year old and above and
may be used interchangeably in this Act as a senior citizen;

b) Abuse refers to any willful and unjustified act directed towards
an elderly;

c) Neglect occurs when basic needs of the elderly have been
deliberately unattended or inadequately attended or when the he or she
is ill clad, without proper shelter and left by himself without provisions
for his needs;

c) Exploitation refers to an act committed by any person to take
advantage of the elderly;


d) a dependent elderly is one who is without a child, or one
whose child or children for good cause desires to be relieved of his care
or custody and is dependent upon the public for support;

¢) An abandoned elderly is one who has no proper child care or
whose child or children have deserted him for a period of at least three
(3) continuous months;

f) A neglected elderly is one whose basic needs have been
deliberately unattended or inadequately attended. Neglected may occur
when the senior citizen is ill clad and without proper shelter, left by
himself without provisions for his needs and/or without proper
supervision or when maltreated, or made to work under conditions not
conducive to good health, or are made to beg in the streets or public
places or when the elderly are in moral danger, or exposed to gambling,
prostitution and other vices.

SEC. 4. Prohibited Acts of Abuse, Exploitation and
Abandonment or Neglect. - It shall be unlawful for any person to
commit the following acts against an elderly, to wit:

a) To obtain control over money, assets or property of the
elderly through undue influence or deceitful machinations
with the intention to deprive the elderly of its ownership,
use and benefit;

b) To cause mental or emotional distress through verbal
abuse, intimidation, harassment, public humiliation and
pillory;

°) ‘To inflict or threaten to inflict any physical harm or injury,
including any form of sexual harassment;

d) To prevent from engaging in any legitimate profession,

occupation or business in the absence of any harm or
threat of abuse on the person of an elderly; and

°) To willfully neglect to provide food, medicines, shelter,
clothing or services necessary for the physical and mental
health.

SEC. 5. Establishment of the Home for the Elderly. - There
shall be established in every region a Home for the Elderly under the
supervision of the Department of Social Welfare and Development
(DSWD) to provide the necessary food, shelter and clothing, and care for
the abandoned and neglected elderly.

SEC. 6. Appropriations. - The amount necessary for the
implementation of this Act shall be charged against the appropriations of
the DSWD under the General Appropriations Act of the year following its
enactment into law and thereafter.


SEC. 7. Penalties. — Any person found guilty of violating the
provisions of this Act shall be punished with imprisonment for not less
than six (6) months nor more than one (1) year or a fine of fifty thousand
pesos (P50,000.00) or both at the discretion of the court.

SEC. 8. Implementing Rules and Regulations. - The DSWD
shall issue the necessary rules and regulations to implement this Act.

SEC. 9. Effectivity. - This Act shall take effect fifteen (15) days
after its complete publication in the Official Gazette or in a newspaper of
general circulation.

Approved,