FIFTEENTH,CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
nECEIV"O ai' ... 
_.~: __ _ 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Statistics uncover a frightening picture of elder abuse in this country. One of every 20 
elderly people will be a victim of neglect or physical, psychological or financial abuse this year. 
There are four general categories of elder abuse namely physical abuse, psychological 
abuse, financial abuse and neglect or abandonment by caregivers. As elders become more 
physically frail, they are less able to stand up to bullying or to fight back if attacked. They may 
not see or hear as well or think as clearly as they used to, leaving openings for unscrupulous 
people to take advantage of them. Mental or physical ailments may make them more trying 
companions for the people who live with them. 
Physical elder abuse is non-accidental use of force against an elderly person that results 
in physical pain, injury, or impainnent. Such abuse includes not only physical assaults such as 
hitting or shoving but the inappropriate use of drugs, restraints, or confinement. In emotional or 
psychological senior abuse, people speak to or treat elderly persons in ways that cause emotional 
pain or distress. Verbal forms of emotional elder abuse include intimidation through yelling or 
threats, humiliation and ridicule, and habitual blaming. Nonverbal psychological elder abuse can 
take the form of ignoring the elderly person, isolating an elder from friends or activities, and 
terrorizing or menacing the elderly person. Financial exploitation involves unauthorized use of 
an elderly person's funds or property, either by a caregiver or an outside scam artist. Elder 
neglect, failure to fulfill a caretaking obligation, constitutes more than half of all reported cases 
of elder abuse. It can be active (intentional) or passive (unintentional, based on factors such as 
ignorance 01' denial that an elderly charge needs as much care as he or she does). 
1 


As the elderly population multiplies, so will the incidence of elder abuse It is about time 
that we recognize the seriousness ofthe problem and take steps to prevent it. 1 
I This bill was,originally filed in the Fourteenth Congress, Second Regular Session 
2 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SEN.i}T2 
S. No. 
It)S5 
.,' , 
" 
i}i;~ !t;':f! . " . 
, 
~ 
, "f' ' 
.• , IlL 
'1. ' 
JtlL;W 1\11:2] 
AI!C~IVm ~ '" 
'""':'---
Introduced by Senator Miriam Defensor Santiago 
I 
AN ACT 
2 
ESTABLISHING ELDER SERVE COORDINATING COUNCILS THAT PROVIDE FOR 
3 
EMERGENCY CRISIS RESPONSE TEAMS TO COMBAT ELDERLY ABUSE 
4 
5 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
6 
Congress assembled: 
7 
8 
SECTION I. Short Title. - This Act shall be known as the "Elder Serve Act". 
9 
SECTION 2. Definition of Terms. - As used in this Act unless the context indicates 
10 
otherwise, the following definition oftenns shall be adopted: 
II 
1. "Elder Abuse" refers to any type of violence or abuse, whether mental or physical, 
12 
inflicted upon an elderly individual. 
13 
2. "Elderly Individual" refers to any individual who is aged 60 or older. 
14 
SECTION 3. Establishment of Elder Serve Coordinating Councils Pilot Programs. -
15 
The Secretary of Justice, in coordination with the Secretary of Social Welfare and Development, 
16 
shall carry out a three-year grant program to be known as the Elder Serve Coordinating Councils 
17 
grant program to provide grants to eligible entities to establish pilot programs to facilitate and 
18 
coordinate pro grams described in Section 5 for victims of elder abuse. 
19 
SECTION 4. Eligibility Requirements for Grantees. -To be eligible to receive a grant 
20 
under the Program, an entity must meet the following criteria: 
21 
1. Coordination with Local Community Based Agencies and Services - The entity shall 
22 
demonstrate to the satisfaction of the Director that such entity has a record of 
23 
community coordination or established contacts with other county and local services 
24 
that serve elderly individuals. 
1 


I 
2. Ability to Create Emergency Crisis Response Team (ECRT) on a Timely Basis - The 
2 
entity shall demonstrate to the satisfaction of the Secretary the ability of the entity to 
3 
create, not later than 6 months after receiving such grant, an Emergency Crisis 
4 
Response Team program described in Sections 5 and 6. 
5 
For purposes of meeting the criteria described in Section 4(2), for each year an 
6 
entity receives a grant under this section the entity shall provide a record of 
, 
7 
community coordination or established contacts described in such paragraph through 
8 
. memorandums 
of understanding, 
contracts, 
subcontracts, 
and 
other such 
9 
documentation. 
10 
SECTION 5. Use of Grants. - Each entity that receives a grant under this section shall 
II 
use such grant to establish an Emergency Crisis Response Team program by not later than the 
12 
date that is six months after the entity receives the grant. Under such program the following shall 
13 
apply: 
14 
1. Such program shall include immediate, short-term emergency servICes, including 
15 
shelter, care services, food, clothing, transportation to medical or legal appointment 
16 
as appropriate, and any other life-services deemed necessary by the entity for victims 
17 
of elder abuse. 
18 
2. Such program shall provide services only to victims of elder abuse who have been 
19 
referred to the program through the adult protective services agency of the local law 
20 
enforcement or any other relevant law enforcement or referral agency. 
21 
3. A victim of elder abuse may not receive short-term housing under the program for 
22 
more than five consecutive days. 
23 
4. The entity that established the program shall enter into arrangements with the relevant 
24 
local law enforcement agencies so that the program receives weekly reports from 
25 
such agencies on elder abuse. 
26 
SECTION 6. Additional Services Required to be Provided. - Not later than one year after 
27 
the date an entity receives a grant under this section, such entity shall have established the 
28 
following programs including community collaborations to support such programs: 
2 


1 
1. Counseling - A program that provides counseling and assistance for victims of elder 
2 
abuse accessing health care, educational, pension, or other benefits for which seniors may 
3 
be eligible under applicable law. 
4 
2. Mental Health Screening - A program that provides mental health screenings for 
5 
victims of elder abuse to identify and seek assistance for potential mental health disorders 
6 
such as depression or substance abuse. 
7 
3. Emergency Legal Advocacy - A program that provides legal advocacy for victims of 
8 
elder abuse. 
9 
4. Job Placement Assistance - A program that provides job placement assistance and 
10 
information on employment, training, or volunteer opportunities for victims of elder 
11 
abuse. 
12 
5. Bereavement Counseling - A program that provides bereavement counseling for 
13 
families of victims of elder abuse. 
14 
6.' Other Services - A program that provides such other care, services, and assistance as 
15 
the entity considers appropriate for purposes of the pilot program. 
16 
SECTION 7. Appropriation. - The amount of Five million pesos (P5,000,000.00) is 
17 
hereby authorized to be appropriated for establishment of Elder Serve Coordinating Councils. 
18 
Thereafter, the funds necessary for the operation of the program shall be included in the General 
19 
Appropriations Act. 
20 
SECTION 8. Separability Clause. - If any provision or part thereof is held invalid or 
21 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
22 
valid and subsisting. 
23 
SECTION 9. Repealing Clause. - All laws, presidential decree or issuance, executive 
24 
orders, letter of inslmction, administrative order, rule and regulation contrary to, or inconsistent 
25 
with the provisions of this Act are hereby repealed, modified, or amended accordingly. 
3 


1 
SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15) days following 
2 
its publication in at least two (2) newspapers of general circulation. 
3 
Approved, 
4 
4